The Subcontractor Hold Harmless Agreement is essential in Austrian business relationships where work is delegated to specialized subcontractors. This document type is particularly crucial in scenarios where subcontractors perform specialized tasks that could expose the main contractor to potential liabilities or claims. The agreement, compliant with Austrian legal requirements including the ABGB (Civil Code) and UGB (Commercial Code), provides a framework for risk allocation and liability management. It typically includes detailed provisions on indemnification scope, insurance requirements, compliance obligations, and dispute resolution procedures. The document is commonly used in construction, engineering, and other technical projects where clear delineation of responsibilities and risk management is crucial for project success.
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1. Parties: Identification of the Contractor and Subcontractor with full legal names and addresses
2. Background: Context of the agreement, reference to the main contract, and purpose of the hold harmless arrangement
3. Definitions: Key terms used throughout the agreement including 'Services', 'Project', 'Claims', 'Losses', and 'Indemnification'
4. Scope of Work: Detailed description of the subcontractor's services and responsibilities
5. Indemnification Obligations: Core hold harmless and indemnification provisions, including scope and limitations under Austrian law
6. Insurance Requirements: Mandatory insurance coverage to be maintained by the subcontractor
7. Term and Termination: Duration of the agreement and circumstances for termination
8. Compliance with Laws: Obligation to comply with relevant Austrian laws, regulations, and industry standards
9. Dispute Resolution: Procedures for resolving disputes under Austrian jurisdiction
10. Governing Law: Explicit statement of Austrian law as governing law
11. Notices: Process and addresses for formal communications between parties
12. Entire Agreement: Integration clause and relationship to other project documents
1. Performance Standards: Specific quality and performance requirements - include when project has specialized technical requirements
2. Safety Protocols: Detailed safety requirements - include for high-risk work or complex construction projects
3. Environmental Compliance: Environmental protection measures - include for projects with environmental impacts
4. Intellectual Property Rights: IP ownership and licenses - include when work involves design or creative elements
5. Confidentiality: Non-disclosure obligations - include when sensitive information will be shared
6. Force Majeure: Provisions for unforeseeable circumstances - include for long-term or high-value projects
7. Step-in Rights: Contractor's right to take over subcontractor's work - include for critical project components
1. Schedule A - Scope of Services: Detailed breakdown of subcontractor's work scope and deliverables
2. Schedule B - Insurance Requirements: Specific insurance types, coverage amounts, and provider requirements
3. Schedule C - Rate Schedule: Pricing and payment terms if relevant to the hold harmless obligations
4. Schedule D - Project Schedule: Timeline and milestones relevant to the indemnification period
5. Appendix 1 - Main Contract Excerpts: Relevant portions of the main contract affecting hold harmless obligations
6. Appendix 2 - Safety Standards: Applicable safety regulations and requirements
7. Appendix 3 - Form of Insurance Certificates: Templates for required insurance documentation
Relevant legal definitions
Clauses
Relevant Industries
Construction
Engineering
Manufacturing
Infrastructure
Real Estate Development
Energy
Telecommunications
Information Technology
Industrial Services
Facilities Management
Mining
Transportation
Relevant Teams
Legal
Procurement
Operations
Risk Management
Commercial
Project Management
Construction Management
Contract Administration
Finance
Compliance
Insurance
Relevant Roles
Project Manager
Contract Manager
Legal Counsel
Risk Manager
Construction Manager
Procurement Manager
Operations Director
Commercial Director
Technical Director
Site Supervisor
Chief Financial Officer
Insurance Manager
Compliance Officer
General Counsel
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