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Indemnity Declaration
"I need an Indemnity Declaration for a Hong Kong construction project, where my company as the main contractor will indemnify the project owner against all third-party claims arising from construction activities starting March 2025, with specific coverage for environmental and safety incidents."
1. Parties: Identification of the Indemnitor (party providing the indemnity) and Indemnitee (party receiving the indemnity protection), including full legal names and addresses
2. Background: Brief context explaining why the indemnity is being given and any relevant background information or relationship between the parties
3. Definitions: Key terms used in the declaration, particularly defining the scope of indemnified matters and relevant parties
4. Scope of Indemnity: Clear and specific description of what losses, damages, or liabilities are covered by the indemnity
5. Duration: The period for which the indemnity remains valid and any conditions for termination
6. Process for Claims: Procedure for making claims under the indemnity, including notice requirements and time limits
7. Governing Law and Jurisdiction: Specification that Hong Kong law governs the declaration and Hong Kong courts have jurisdiction
8. Execution: Signature blocks for all parties, including date and appropriate execution formalities
1. Insurance Requirements: Required when specific insurance policies must be maintained to support the indemnity
2. Multiple Jurisdictions: Added when the indemnified activities might occur across different jurisdictions
3. Limitations and Exclusions: Used when specific limitations or exclusions to the indemnity coverage need to be defined
4. Assignment: Include when transfer rights of the indemnity need to be addressed
5. Dispute Resolution: Added when specific dispute resolution procedures (e.g., arbitration) are preferred over standard court proceedings
6. Third Party Rights: Required when the indemnity might affect or benefit third parties under the Contracts (Rights of Third Parties) Ordinance
1. Schedule 1 - Defined Terms: Detailed definitions of technical or complex terms used in the declaration
2. Schedule 2 - Specific Indemnified Matters: Detailed list of specific situations, activities, or matters covered by the indemnity
3. Schedule 3 - Claims Procedure: Detailed procedure for making and processing indemnity claims
4. Appendix A - Required Insurance Policies: List of specific insurance policies required to support the indemnity, if applicable
5. Appendix B - Related Agreements: List of any related agreements or documents referenced in the indemnity declaration
Authors
Financial Services
Construction
Real Estate
Professional Services
Insurance
Manufacturing
Technology
Healthcare
Energy
Infrastructure
Transportation
Retail
Education
Legal
Risk Management
Compliance
Finance
Operations
Corporate Secretarial
Insurance
Commercial
Procurement
Business Development
Legal Counsel
Risk Manager
Compliance Officer
Chief Financial Officer
Chief Executive Officer
Contract Manager
Project Manager
Insurance Manager
Corporate Secretary
General Counsel
Commercial Director
Operations Director
Finance Director
Business Development Manager
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