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Hold Harmless Indemnity Agreement Template for Germany

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Key Requirements PROMPT example:

Hold Harmless Indemnity Agreement

"I need a Hold Harmless Indemnity Agreement under German law for a construction project where my company will be the general contractor, protecting us from subcontractor-related claims and accidents on the site during the project period from March 2025 to December 2025."

Document background
The Hold Harmless Indemnity Agreement serves as a risk allocation tool in various business relationships under German law. It is commonly used when one party wishes to shield another from potential legal claims, financial losses, or damages arising from specific activities or circumstances. The agreement must comply with German Civil Code (BGB) requirements, particularly regarding contract formation, liability limitations, and standard business terms (AGB-Recht). This document type is essential in commercial transactions, construction projects, service agreements, and other business arrangements where clear risk allocation is necessary. The agreement details the scope of indemnification, claim procedures, and any limitations, while ensuring compliance with mandatory German legal provisions that cannot be contracted out of.
Suggested Sections

1. Parties: Identification and details of the Indemnitor and Indemnitee, including legal status and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the indemnification

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Scope of Indemnification: Detailed description of what losses, damages, and claims are covered by the indemnity

5. Indemnification Process: Procedures for making claims, notice requirements, and handling of claims

6. Duration: Term of the indemnity coverage and any survival provisions

7. Limitations and Exclusions: Specific limitations on the scope of indemnity and excluded claims

8. Cooperation: Obligations of parties to cooperate in defense of claims

9. Insurance: Requirements for insurance coverage related to the indemnified activities

10. Notices: Process and requirements for formal communications between parties

11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

12. General Provisions: Standard contractual provisions including severability, amendments, and entire agreement

Optional Sections

1. Defense Rights: Specific provisions about the right to defend claims, used when the Indemnitor wants control over legal proceedings

2. Settlement Authority: Rules about settlement of claims, included when parties want to specify settlement parameters

3. Subrogation Rights: Provisions regarding rights of subrogation, included when insurance aspects are complex

4. Cross-Indemnification: Mutual indemnification provisions, used when both parties provide indemnities

5. Confidentiality: Provisions for handling confidential information, included when sensitive information is involved

6. Force Majeure: Provisions for extraordinary events, included when long-term indemnification is contemplated

7. Special Warranties: Additional warranties specific to the subject matter, used in complex commercial arrangements

Suggested Schedules

1. Schedule of Indemnified Activities: Detailed list of activities, operations, or circumstances covered by the indemnity

2. Schedule of Insurance Requirements: Specific insurance types, coverage amounts, and requirements

3. Schedule of Excluded Claims: Detailed list of specifically excluded claims or circumstances

4. Form of Notice: Template for required notices under the agreement

5. Schedule of Related Agreements: List of other agreements referenced or related to the indemnity

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Construction

Manufacturing

Real Estate

Events and Entertainment

Professional Services

Healthcare

Technology

Transportation and Logistics

Energy

Industrial Services

Retail

Financial Services

Insurance

Education

Sports and Recreation

Relevant Teams

Legal

Risk Management

Compliance

Operations

Procurement

Finance

Insurance

Commercial

Business Development

Contract Administration

Project Management

Corporate Governance

Relevant Roles

Legal Counsel

Risk Manager

Contract Manager

Compliance Officer

Project Manager

Business Development Manager

Operations Director

Facility Manager

Procurement Manager

Chief Financial Officer

Insurance Manager

General Counsel

Corporate Secretary

Commercial Director

Chief Executive Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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