This Non-Liability Contract is essential for businesses operating under Maltese jurisdiction who wish to clearly define and limit their potential liabilities in commercial relationships. The document is particularly relevant in scenarios where services, products, or facilities are provided with inherent risks that need to be allocated between parties. It addresses key requirements under Maltese law, including mandatory exceptions where liability cannot be excluded, while ensuring compliance with EU regulations. The contract is commonly used in professional services, technology implementations, facility usage, and various business operations where risk management is crucial. It includes specific provisions for scope definition, exclusions, mandatory carve-outs, and enforcement mechanisms, all tailored to meet Maltese legal standards.
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1. Parties: Identification and details of all parties to the contract
2. Background: Context and circumstances leading to the agreement
3. Definitions: Defined terms used throughout the agreement
4. Scope of Agreement: Clear delineation of activities, products, or services covered by the non-liability provisions
5. Non-Liability Provisions: Specific provisions detailing the extent and nature of liability exclusions
6. Exceptions to Non-Liability: Mandatory carve-outs and exceptions where liability cannot be excluded under Maltese law
7. Representations and Warranties: Basic representations made by parties, subject to liability limitations
8. Duration and Termination: Term of the agreement and circumstances for termination
9. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction
10. Entire Agreement: Integration clause confirming the contract represents the complete agreement between parties
1. Force Majeure: Include when parties wish to specify events beyond their control that exempt from obligations
2. Insurance: Include when parties are required to maintain specific insurance coverage
3. Indemnification: Include when specific indemnification obligations exist despite general non-liability
4. Intellectual Property: Include when IP rights are relevant to the agreement
5. Confidentiality: Include when parties exchange confidential information
6. Assignment: Include when transfer of rights needs to be addressed
7. Dispute Resolution: Include when parties want specific dispute resolution procedures beyond court jurisdiction
1. Schedule 1 - Specific Activities Excluded: Detailed list of activities, products, or services covered by non-liability provisions
2. Schedule 2 - Insurance Requirements: Specific insurance requirements and coverage levels if applicable
3. Schedule 3 - Mandatory Notices: Required warnings or notices related to liability exclusions
4. Appendix A - Risk Assessment: Documentation of identified risks and justification for liability exclusions
5. Appendix B - Contact Details: Key contact information for all parties
6. Appendix C - Related Agreements: List of any related agreements affecting the non-liability provisions
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