They also have money so they’re worth suing.
So this is an indemnification for damages, not a protection against being sued.
They probably have wording to prevent a mandatory injunction where you would compel the indemnification before the bankruptcy.
I wonder if this is part of a broader strategy to get people comfortable with copilot in a similar way to how Uber got people comfortable to their product even though they were operating in a legal grey area. At a certain point the public becomes accustomed to it so the lawmakers just cave in to the demand.