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Hold Harmless And Indemnity Agreement
"I need a Hold Harmless and Indemnity Agreement for my Indonesian construction company to protect us from liability when allowing third-party contractors to use our heavy machinery and equipment on our Jakarta construction site starting March 2025."
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1. Parties: Identifies and provides full details of all parties to the agreement, including their legal status and registered addresses
2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties and the basis for the indemnification
3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation
4. Scope of Indemnification: Details the specific risks, losses, and circumstances covered by the indemnification provision
5. Hold Harmless Provisions: Specifies the hold harmless obligations and the extent of protection provided
6. Duration: Establishes the term of the agreement and any survival provisions
7. Representations and Warranties: Sets out the parties' confirmations regarding their capacity and authority to enter into the agreement
8. Notice Requirements: Specifies procedures for notifying claims and communication between parties
9. Governing Law and Jurisdiction: Establishes Indonesian law as the governing law and specifies jurisdiction for dispute resolution
10. Execution: Formal closing and signature blocks, including requirements for valid execution under Indonesian law
1. Insurance Requirements: Details any insurance obligations of either party to support the indemnification obligations
2. Limitation of Liability: Specifies any caps or exclusions to the indemnification obligations
3. Third Party Rights: Addresses the rights of third parties who may be affected by or benefit from the agreement
4. Force Majeure: Defines circumstances beyond parties' control that may affect performance of obligations
5. Assignment: Specifies whether and how rights under the agreement may be transferred
6. Dispute Resolution: Details specific dispute resolution procedures, including mediation or arbitration requirements
7. Language Requirements: Specifies language versions and which prevails if agreement is bilingual (particularly relevant under Indonesian Law No. 24 of 2009)
1. Schedule 1 - Specific Indemnified Events: Detailed list of specific events, activities, or circumstances covered by the indemnification
2. Schedule 2 - Excluded Claims: List of specific exclusions from the indemnification coverage
3. Schedule 3 - Insurance Requirements: Detailed insurance requirements including types of coverage, minimum amounts, and specific terms
4. Schedule 4 - Claim Procedures: Detailed procedures for making and responding to indemnification claims
5. Appendix A - Form of Notice: Template for formal notices under the agreement
6. Appendix B - Contact Details: Detailed contact information for notices and claims processing