This Mutual Indemnity And Waiver Of Recourse Agreement is designed for use in complex business relationships where parties seek to allocate risks and liabilities efficiently while maintaining their commercial relationship. The document is particularly relevant in scenarios involving joint operations, construction projects, or industrial services where multiple parties work together and need clear liability frameworks. Under German law, such agreements must carefully balance contractual freedom with mandatory legal requirements, particularly regarding the validity of liability waivers. The agreement includes comprehensive provisions for mutual indemnification, insurance requirements, and claims procedures, all structured to comply with German civil and commercial law requirements.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and the parties' relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Clear delineation of activities and relationships covered by the indemnities and waivers
5. Mutual Indemnities: Detailed provisions of reciprocal indemnification obligations
6. Waiver of Recourse: Express waivers of rights to pursue claims against the other party
7. Insurance Requirements: Mandatory insurance coverage requirements for both parties
8. Claims Procedure: Process for making and handling indemnification claims
9. Term and Termination: Duration of the agreement and termination provisions
10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
11. Notices: Requirements for formal communications between parties
12. Entire Agreement: Integration clause and relationship to other agreements
1. Third Party Rights: Provisions regarding the rights of third parties, used when other entities might be affected by the indemnities
2. Group Company Extensions: Extensions of indemnities to affiliated companies, used for corporate groups
3. Specific Activity Exclusions: Exclusions for particular activities or risks, used when certain risks need to be carved out
4. Alternative Dispute Resolution: Mediation or arbitration provisions, used when parties prefer alternative dispute resolution
5. Language Provisions: Provisions regarding official language versions, used when multiple language versions exist
6. Force Majeure: Provisions for extraordinary events, used when specific force majeure protection is needed
1. Schedule of Insurances: Detailed requirements for insurance types, coverage amounts, and terms
2. Schedule of Affiliated Companies: List of group companies covered by the agreement
3. Schedule of Specific Activities: Detailed description of activities covered by the indemnities and waivers
4. Form of Claim Notice: Template for submitting indemnification claims
5. Schedule of Excluded Claims: Specific types of claims excluded from the indemnities and waivers
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