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Release Indemnification And Hold Harmless Agreement
"I need a Release Indemnification and Hold Harmless Agreement for my Swiss-based construction company to use with subcontractors starting January 2025, covering potential workplace accidents and property damage on our construction sites in Geneva."
1. Parties: Identification of the Releasor and Releasee, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and general purpose of the release and indemnification
3. Definitions: Key terms used throughout the agreement, including 'Claims', 'Losses', 'Indemnified Parties', and specific activities covered
4. Release: Detailed description of claims and rights being released, including scope and duration of the release
5. Indemnification: Specific indemnification obligations, including scope of coverage and procedures for indemnification
6. Hold Harmless: Agreement to hold harmless the released parties from specified claims and losses
7. Exceptions and Limitations: Specific exclusions from release and indemnification, including those required by Swiss law
8. Representations and Warranties: Statements regarding understanding of rights, voluntary nature of agreement, and capacity to contract
9. Term and Survival: Duration of the agreement and which provisions survive termination
10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
11. Execution: Signature requirements and effective date
1. Insurance: Required when specific insurance coverage is needed to support indemnification obligations
2. Notice Requirements: Include when specific procedures for claim notification need to be established
3. Dispute Resolution: Optional section for specific dispute resolution procedures beyond court jurisdiction
4. Severability: Include when there's concern about the enforceability of specific provisions
5. Assignment: Include when transfer of rights under the agreement needs to be addressed
6. Third Party Rights: Include when benefits extend to third parties not directly party to the agreement
7. Force Majeure: Include when certain events should excuse performance of obligations
8. Consideration: Include when specific consideration is being provided for the release and indemnification
1. Schedule A - Description of Released Claims: Detailed list of specific claims, activities, or circumstances covered by the release
2. Schedule B - Indemnified Parties: Complete list of all parties protected by the indemnification provisions
3. Schedule C - Insurance Requirements: Specific insurance requirements including types, amounts, and terms of coverage
4. Appendix 1 - Form of Notice: Standard form for providing notice of claims under the agreement
5. Appendix 2 - Risk Assessment: Documentation of known risks and potential claims being addressed
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