The Insurance Indemnification Agreement is a critical risk management tool used in the United Arab Emirates when one party needs to protect another against specific financial losses or legal liabilities. This document is particularly relevant in complex commercial transactions where risk allocation is essential, operating under the framework of UAE Federal Law No. 6 of 2007 and related insurance regulations. The agreement typically includes detailed provisions for claim procedures, coverage limitations, and regulatory compliance requirements. It's commonly used in situations involving significant financial exposure, construction projects, corporate transactions, or professional services where clear risk allocation is necessary. The document must comply with UAE insurance regulations and may need to consider Sharia compliance depending on the parties involved.
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1. Parties: Identification of the Indemnitor (typically the insurance company) and Indemnitee, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the indemnification arrangement
3. Definitions: Detailed definitions of key terms including 'Indemnified Events', 'Losses', 'Claims', and other relevant terminology
4. Scope of Indemnification: Precise description of events, circumstances, and losses covered by the indemnification
5. Indemnification Procedures: Process for making claims, notice requirements, and claim handling procedures
6. Limitations of Liability: Caps, exclusions, and limitations on the indemnification obligations
7. Defense and Settlement: Procedures for defending claims and requirements for settlement approval
8. Insurance Requirements: Specific insurance coverage requirements, including types and minimum amounts
9. Duration and Survival: Term of the agreement and provisions that survive termination
10. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
11. Notices: Requirements for formal communications between parties
12. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability
1. Regulatory Compliance: Additional section when specific UAE regulatory requirements need detailed attention
2. Cross-Border Provisions: Required when indemnification covers multiple jurisdictions or international operations
3. Sharia Compliance: Needed when the agreement must conform to Islamic insurance (Takaful) principles
4. Security Provisions: When additional security such as guarantees or collateral is required
5. Dispute Resolution: Detailed ADR procedures when parties want specific resolution mechanisms beyond court jurisdiction
6. Language Requirements: Required when dual language versions are needed, specifying which version prevails
1. Schedule A - Covered Events: Detailed list of events and circumstances covered by the indemnification
2. Schedule B - Excluded Events: Specific exclusions and carve-outs from the indemnification coverage
3. Schedule C - Insurance Policies: Details of required insurance policies including limits and deductibles
4. Schedule D - Claim Procedures: Detailed procedures for claim submission, documentation requirements, and processing
5. Schedule E - Contact Information: List of key contacts and their roles for both parties
6. Appendix 1 - Forms: Standard forms for claim submission, notices, and other required communications
7. Appendix 2 - Power of Attorney: If required, format and terms for power of attorney arrangements
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