The Hold Harmless Indemnification Agreement is a critical risk management tool used in New Zealand business operations where one party needs to protect another from potential losses or legal claims. This document is particularly relevant in situations involving contractor relationships, property use, event organization, or any scenario where risk transfer is necessary. The agreement must comply with New Zealand law, including the Contract and Commercial Law Act 2017 and the Fair Trading Act 1986, and typically includes detailed provisions about the scope of indemnification, claim procedures, and liability limitations. It's commonly used in commercial transactions, construction projects, property agreements, and service contracts where clear allocation of risk and responsibility is essential for all parties involved.
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1. Parties: Identifies and defines all parties to the agreement, including the Indemnitor (party providing indemnification) and Indemnitee (party being indemnified)
2. Background: Explains the context and purpose of the agreement, including the relationship between the parties and the activities or circumstances giving rise to the need for indemnification
3. Definitions: Defines key terms used throughout the agreement, including 'Indemnified Events', 'Losses', and other relevant terminology
4. Scope of Indemnification: Details the specific circumstances, activities, or events covered by the indemnification
5. Indemnification Obligations: Specifies the exact obligations of the Indemnitor, including financial responsibilities and duty to defend
6. Limitations and Exclusions: Outlines any limitations on the indemnification obligation and specific exclusions from coverage
7. Notice Requirements: Establishes procedures and timeframes for notifying parties of claims or potential claims
8. Claims Procedure: Details the process for handling claims, including defense obligations and settlement authority
9. Duration: Specifies how long the indemnification obligations remain in effect
10. General Provisions: Standard contract clauses including governing law, jurisdiction, and amendment procedures
1. Insurance Requirements: Required when specific insurance coverage must be maintained to support the indemnification obligations
2. Third Party Rights: Needed when the indemnification extends to additional parties beyond the primary Indemnitee
3. Cross-Indemnification: Used when both parties are providing reciprocal indemnification to each other
4. Confidentiality: Include when the indemnification involves sensitive or confidential information
5. Force Majeure: Added when certain extraordinary events should suspend or modify indemnification obligations
6. Survival: Include when specific obligations need to survive the termination of the agreement
7. Security Provisions: Required when collateral or security is provided to support the indemnification obligations
1. Schedule 1 - Indemnified Events: Detailed list of specific events, activities, or circumstances covered by the indemnification
2. Schedule 2 - Excluded Events: Comprehensive list of exclusions from the indemnification coverage
3. Schedule 3 - Insurance Requirements: Detailed specifications of required insurance coverage, limits, and terms
4. Appendix A - Notice Forms: Template forms for providing notice of claims or potential claims
5. Appendix B - Claims Procedures: Detailed procedures for claims handling and resolution
6. Appendix C - Security Documents: Forms and documents related to any security or collateral arrangements
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