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The Hold Harmless Agreement is a crucial legal document used in Hong Kong's business environment to manage and allocate risk between parties. It is particularly relevant in situations where one party wishes to be protected from potential claims, losses, or damages arising from specific activities or relationships. The agreement, governed by Hong Kong law, typically includes detailed provisions on the scope of indemnification, claim procedures, and limitations of liability. It is commonly used in construction projects, property management, professional services, and various commercial arrangements where risk transfer is necessary. The document must comply with Hong Kong's Control of Exemption Clauses Ordinance and other relevant legislation to ensure enforceability. This type of agreement is essential for businesses operating in Hong Kong's dynamic commercial environment, providing clarity on risk allocation and liability protection.

1. Parties: Identifies and defines all parties to the agreement, including the indemnitor (party providing indemnification) and indemnitee (party being indemnified)

2. Background: Explains the context and purpose of the agreement, including the relationship between the parties and the activities covered

3. Definitions: Defines key terms used throughout the agreement, including specific activities, losses, and claims covered

4. Scope of Indemnification: Details the specific activities, circumstances, and types of losses covered by the indemnification

5. Duration: Specifies the term of the agreement and any survival provisions

6. Indemnification Process: Outlines the procedure for making claims, including notice requirements and timing

7. Limitations of Liability: Specifies any caps or exclusions to the indemnification obligation

8. Insurance Requirements: Details any insurance obligations of either party related to the indemnified activities

9. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and establishes jurisdiction for disputes

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