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Hold Harmless Agreement (Insurance)
"I need a Hold Harmless Agreement (Insurance) for my construction company operating in Johannesburg, where we'll be undertaking a major building project starting March 2025, with specific focus on protection against workplace safety incidents and property damage."
1. Parties: Identification and details of the indemnitor (party providing indemnification) and indemnitee (protected party), including registration numbers and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the indemnification
3. Definitions: Detailed definitions of terms used throughout the agreement, including specific insurance and risk-related terminology
4. Scope of Indemnification: Detailed description of the specific risks, activities, and circumstances covered by the hold harmless provision
5. Insurance Requirements: Specific insurance coverage requirements, including types of insurance, minimum coverage amounts, and insurer ratings
6. Duration: Term of the agreement, including commencement date and termination conditions
7. Claims Procedure: Process for notifying and handling claims, including timeframes and documentation requirements
8. Limitations and Exclusions: Specific exclusions from the indemnification and any limitations on liability
9. Representations and Warranties: Statements of fact and promises made by both parties regarding their capacity and authority
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and notices
1. Third Party Rights: Section addressing rights of third parties under the agreement, used when other parties might be affected by the indemnification
2. Dispute Resolution: Detailed procedures for resolving disputes, including mediation and arbitration provisions, used when parties want to avoid court proceedings
3. Subrogation Rights: Provisions regarding the transfer of rights to pursue claims, used when insurance companies need to preserve their right to recover from third parties
4. Compliance with Regulations: Specific regulatory compliance requirements, used when the indemnified activities are subject to specific regulations
5. Force Majeure: Provisions for unforeseen circumstances, used when parties want to address the impact of events beyond their control
6. Confidentiality: Provisions protecting sensitive information, used when confidential information will be shared between parties
1. Schedule A - Covered Activities: Detailed list of specific activities, operations, or circumstances covered by the indemnification
2. Schedule B - Insurance Requirements: Detailed specifications of required insurance policies, coverage limits, and terms
3. Schedule C - Claims Documentation: Forms and templates for claim notifications and supporting documentation
4. Appendix 1 - Risk Assessment: Detailed assessment of risks associated with the covered activities
5. Appendix 2 - Contact Information: List of key contacts for both parties, including emergency contacts and insurance representatives
6. Appendix 3 - Compliance Certificates: Copies of relevant compliance certificates and insurance policies
Authors
Construction
Manufacturing
Mining
Transportation and Logistics
Professional Services
Healthcare
Real Estate
Event Management
Industrial Operations
Financial Services
Energy and Utilities
Maritime and Shipping
Legal
Risk Management
Compliance
Finance
Operations
Project Management
Health and Safety
Commercial
Insurance
Claims
Corporate Governance
Procurement
Risk Manager
Legal Counsel
Insurance Manager
Compliance Officer
Contract Manager
Chief Financial Officer
Operations Director
Project Manager
Health and Safety Manager
Commercial Director
General Counsel
Insurance Broker
Claims Manager
Corporate Secretary
Business Development Manager
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