The Contractor Indemnity Agreement is essential for businesses operating in Ireland that engage contractors for various services. This document is typically used when a company needs to protect itself against potential risks, losses, or liabilities that may arise from a contractor's actions, errors, or omissions. It sets out clear indemnification obligations, insurance requirements, and claim procedures under Irish law. The agreement is particularly important in high-risk industries or when contractors have access to sensitive information, valuable assets, or perform critical services. It should be customized based on the specific services being provided and the risk profile of the engagement, while ensuring compliance with Irish contract law principles and relevant EU regulations.
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1. Parties: Identifies and defines the parties to the agreement - typically the Contractor and the Company
2. Background: Sets out the context of the agreement and the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Indemnity: Clearly defines what risks, losses, and circumstances are covered by the indemnity
5. Indemnification Obligations: Details the specific obligations of the Contractor to indemnify, defend, and hold harmless
6. Exclusions and Limitations: Specifies what is not covered by the indemnity and any caps or limitations
7. Claims Procedure: Outlines the process for making and handling indemnity claims
8. Duration and Survival: Specifies how long the indemnity obligations last and which provisions survive termination
9. Insurance Requirements: Sets out required insurance coverage to support the indemnity obligations
10. Governing Law and Jurisdiction: Specifies Irish law as governing law and establishes jurisdiction for disputes
11. Execution: Signature blocks and execution formalities
1. Mutual Indemnification: Include when both parties are providing reciprocal indemnities
2. Intellectual Property Indemnity: Include when the contractor's work involves creation or use of intellectual property
3. Environmental Indemnity: Include for contractors working with hazardous materials or in environmentally sensitive operations
4. Data Protection Obligations: Include when the contractor will process personal data under GDPR
5. Subcontractor Provisions: Include when the contractor may engage subcontractors
6. Force Majeure: Include when certain events should excuse performance of indemnity obligations
7. Alternative Dispute Resolution: Include when parties wish to specify mediation or arbitration before litigation
1. Schedule 1 - Scope of Services: Detailed description of contractor's services covered by the indemnity
2. Schedule 2 - Insurance Requirements: Detailed specifications of required insurance types, coverage amounts, and terms
3. Schedule 3 - Claim Notice Requirements: Forms and procedures for submitting indemnity claims
4. Appendix A - Defined Terms: Extended definitions if too lengthy for main agreement
5. Appendix B - Excluded Claims: Detailed list of specifically excluded claims or circumstances
6. Appendix C - Contact Details: Key contact information for claims and notices
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