The Hold Harmless Agreement for Contractors is essential in modern U.S. construction and contracting relationships to manage risk and liability. This document is typically used when a contractor begins work on a project where there is potential risk of property damage, injury, or other losses. It clearly defines the responsibilities and obligations of all parties involved, specifying who bears the risk in various scenarios. The agreement must comply with state-specific indemnification laws and may need to be customized based on the nature of work, project scope, and specific risks involved. Property owners and general contractors often require this agreement before allowing any work to commence on their projects.
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1. Parties: Identification of the indemnifier and indemnitee
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including scope of indemnification
4. Scope of Work: Description of contracted services or activities covered by the agreement
5. Indemnification Clause: Core hold harmless provisions, limitations, and exceptions
6. Insurance Requirements: Required insurance coverage, limits, and proof of insurance
7. Term and Termination: Duration of the agreement and conditions for termination
8. Governing Law: Specification of jurisdiction and applicable laws
1. Additional Insured Requirements: Specific insurance requirements beyond standard coverage, used for high-risk projects
2. Survival Clause: Provisions that survive termination of the agreement, used when long-term protection is needed
3. Dispute Resolution: Mediation and arbitration procedures for resolving conflicts, recommended for complex projects
4. Force Majeure: Provisions for unforeseeable circumstances that prevent fulfillment of obligations
1. Schedule A - Insurance Certificates: Copies of required insurance policies and certificates
2. Schedule B - Scope of Work Details: Detailed description of services or work to be performed
3. Schedule C - Safety Procedures: Specific safety protocols and requirements for the work
4. Schedule D - State-Specific Requirements: Additional requirements specific to the governing state law
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