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Hold Harmless And Indemnity Agreement
"I need a Hold Harmless and Indemnity Agreement for my construction company in Auckland to protect us against potential claims from subcontractors working on our commercial building project starting March 2025, with specific focus on workplace safety and equipment usage."
1. Parties: Identification and details of all parties to the agreement, including their legal status and contact information
2. Background: Context of the agreement, relationship between parties, and purpose of the indemnification
3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Indemnified Party', 'Indemnifying Party', 'Claims', and 'Losses'
4. Scope of Indemnity: Detailed description of what losses, damages, or claims are covered by the indemnity
5. Indemnification Obligations: Specific obligations of the indemnifying party, including timing and extent of coverage
6. Exclusions: Clear statement of what is not covered by the indemnity
7. Notice Requirements: Procedures and timeframes for notifying parties of claims or potential claims
8. Claims Procedure: Process for handling claims, including cooperation requirements and defense obligations
9. Duration: Term of the indemnity coverage and any survival provisions
10. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Insurance Requirements: Details of required insurance coverage to support indemnity obligations, used when specific insurance coverage is necessary
2. Limitation of Liability: Caps or limitations on the indemnity obligations, used when parties agree to limit potential exposure
3. Security Provisions: Requirements for security or collateral to support indemnity obligations, used in high-value or high-risk situations
4. Third Party Rights: Provisions regarding the rights of third parties under the agreement, used when third parties might be affected
5. Confidentiality: Provisions regarding confidential information, used when sensitive information may be exchanged
6. Force Majeure: Provisions for unforeseen circumstances, used when external events might affect indemnity obligations
7. Step-In Rights: Rights of the indemnified party to take control of proceedings, used in complex commercial arrangements
1. Schedule 1: Specified Risks: Detailed list of specific risks or circumstances covered by the indemnity
2. Schedule 2: Claim Notification Form: Template form for notifying claims under the agreement
3. Schedule 3: Insurance Requirements: Detailed specifications of required insurance coverage
4. Appendix A: Defined Terms: Extended definitions of technical or complex terms
5. Appendix B: Claims Handling Procedures: Detailed procedures for handling and processing claims
Authors
Construction
Real Estate
Manufacturing
Events and Entertainment
Professional Services
Technology
Healthcare
Transportation and Logistics
Education
Retail
Sports and Recreation
Mining and Resources
Agriculture
Financial Services
Legal
Risk Management
Compliance
Operations
Finance
Procurement
Health and Safety
Insurance
Corporate Affairs
Business Development
Property Management
Legal Counsel
Risk Manager
Compliance Officer
Contract Manager
Project Manager
Operations Director
Chief Financial Officer
Business Development Manager
Property Manager
Procurement Manager
Health and Safety Manager
Insurance Manager
Corporate Secretary
General Manager
Chief Executive Officer
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