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Hold Harmless And Indemnity Agreement
"I need a Hold Harmless and Indemnity Agreement for my construction company acting as the general contractor, protecting us from liability related to subcontractor work on our upcoming commercial building project starting March 2025 in Ontario."
1. Parties: Identification of the indemnitor (party providing indemnification) and indemnitee (party being indemnified)
2. Background: Context of the agreement, relationship between parties, and purpose of the indemnification
3. Definitions: Key terms used throughout the agreement, including scope of 'Claims', 'Losses', 'Liabilities', etc.
4. Scope of Indemnification: Detailed description of what risks, activities, or circumstances are covered by the indemnification
5. Indemnification Obligations: Specific obligations of the indemnitor, including defense obligations and payment of losses
6. Notice Requirements: Procedures and timeframes for notifying the indemnitor of claims
7. Defense of Claims: Process for defending against third-party claims, including control of defense and settlement
8. Duration: Term of the indemnification obligations, including survival provisions
9. Limitations: Any limitations on the scope or amount of indemnification
10. Governing Law: Specification of applicable law and jurisdiction
11. Execution: Signature blocks and execution requirements
1. Insurance Requirements: Required when specific insurance coverage must be maintained to support indemnification obligations
2. Regulatory Compliance: Include when the agreement must address specific regulatory requirements or compliance obligations
3. Security: Add when collateral or security is required to secure the indemnification obligations
4. Subrogation Waiver: Include when parties need to waive rights of subrogation against each other
5. Third Party Rights: Include when third parties are intended to benefit from the indemnification
6. Force Majeure: Add when certain events should excuse performance of indemnification obligations
7. Assignment: Include when transfer of indemnification rights or obligations needs to be addressed
8. Severability: Add when agreement needs protection against partial invalidity
1. Schedule A - Covered Activities: Detailed list of activities or operations covered by the indemnification
2. Schedule B - Excluded Claims: Specific exclusions from the scope of indemnification
3. Schedule C - Insurance Requirements: Detailed insurance specifications including types, amounts, and endorsements
4. Schedule D - Notice Information: Contact details and procedures for claim notifications
5. Appendix 1 - Form of Claim Notice: Standard form for notifying indemnitor of claims
6. Appendix 2 - Related Agreements: List of other agreements referenced or affected by the indemnification
Authors
Construction
Manufacturing
Real Estate
Healthcare
Technology
Professional Services
Transportation
Energy
Financial Services
Entertainment
Sports and Recreation
Mining
Agriculture
Retail
Education
Legal
Risk Management
Finance
Compliance
Operations
Executive Leadership
Project Management
Business Development
Insurance
Facilities Management
Contract Administration
Corporate Governance
Legal Counsel
Risk Manager
Chief Legal Officer
Chief Financial Officer
Contract Manager
Compliance Officer
Project Manager
Operations Director
Chief Executive Officer
Insurance Manager
Business Development Manager
Facility Manager
Property Manager
Construction Manager
Corporate Secretary
General Manager
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