The Hold Harmless and Indemnity Agreement is essential in Swiss business transactions where risk allocation between parties needs to be clearly defined and documented. This agreement is particularly relevant in situations involving potential liability exposure, such as construction projects, service provisions, or business partnerships. Under Swiss law, these agreements must carefully balance the parties' freedom to contract with mandatory legal restrictions on liability limitations. The document typically includes detailed provisions on the scope of indemnification, claim procedures, and compliance with Swiss insurance requirements. It's crucial in scenarios where one party seeks protection from potential claims or losses arising from specified activities or relationships, while ensuring adherence to Swiss legal principles regarding liability and risk allocation.
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1. Parties: Identification and details of the Indemnitor and Indemnitee, including full legal names, addresses, and registration details if companies
2. Background: Context of the agreement, relationship between parties, and purpose of the indemnification
3. Definitions: Definitions of key terms including 'Claims', 'Losses', 'Indemnified Parties', and other relevant terms
4. Scope of Indemnification: Detailed description of what losses, damages, or claims are covered by the indemnification
5. Indemnification Obligations: Specific obligations of the Indemnitor, including timing and nature of indemnification
6. Limitations of Liability: Limitations on the indemnification obligation, considering Swiss law restrictions on liability exclusions
7. Notice Requirements: Procedures and timeframes for notifying the Indemnitor of claims
8. Defense of Claims: Process for defending against third-party claims, including control of defense and settlement
9. Duration: Term of the indemnification obligations, including survival provisions
10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Insurance Requirements: Required when specific insurance coverage is needed to support indemnification obligations
2. Subrogation Rights: Include when addressing rights of insurers and third parties to pursue claims
3. Security Provisions: Include when requiring security deposits or guarantees to support indemnification obligations
4. Alternative Dispute Resolution: Optional provisions for mediation or arbitration before court proceedings
5. Force Majeure: Include when certain events should excuse or modify indemnification obligations
6. Relationship of Parties: Include when necessary to clarify that indemnification doesn't create additional relationships
7. Assignment: Include when transfer of indemnification rights or obligations needs to be addressed
1. Schedule of Specific Indemnified Events: Detailed list of specific events, activities, or circumstances covered by the indemnification
2. Schedule of Excluded Claims: List of specific claims or circumstances explicitly excluded from indemnification
3. Insurance Requirements Schedule: Detailed requirements for insurance coverage, including types and amounts
4. Form of Notice: Template for required notices under the agreement
5. Related Agreements: List of other agreements referenced or affected by the indemnification
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