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Indemnity Declaration Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
An Indemnity Declaration is a crucial risk management tool in Hong Kong's business environment, commonly used across various commercial transactions and relationships. This document is particularly relevant when parties need to allocate risk clearly and formally, such as in construction projects, corporate transactions, or service agreements. The declaration must comply with Hong Kong law and typically includes detailed provisions about the scope of indemnification, claim procedures, and duration. It's essential for businesses operating in Hong Kong to ensure their Indemnity Declarations are properly drafted and executed to be enforceable under local law, taking into account relevant ordinances and regulations. The document can be customized to address specific risks and circumstances while maintaining its core purpose of risk allocation and protection.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions






























Clauses

























Relevant Industries

Financial Services

Construction

Real Estate

Professional Services

Insurance

Manufacturing

Technology

Healthcare

Energy

Infrastructure

Transportation

Retail

Education

Relevant Teams

Legal

Risk Management

Compliance

Finance

Operations

Corporate Secretarial

Insurance

Commercial

Procurement

Business Development

Relevant Roles

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

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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