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Company Indemnity Form
"I need a Company Indemnity Form for our Indian technology startup that will protect our board of directors and senior executives, with specific coverage for cyber incidents and technology-related risks, to be effective from January 2025."
1. Parties: Identification of the indemnifier (typically the company) and the indemnified party (typically directors, officers, or other specified individuals)
2. Background: Context of the indemnification agreement, relationship between parties, and purpose of the indemnity
3. Definitions: Key terms used in the agreement including 'Loss', 'Claims', 'Indemnified Events', 'Proceedings', etc.
4. Scope of Indemnification: Detailed description of what losses, damages, and circumstances are covered by the indemnity
5. Indemnification Procedure: Process for making claims, notice requirements, and handling of proceedings
6. Duration: Term of the indemnity coverage, including survival provisions
7. Limitations and Exclusions: Specific exclusions, monetary caps, and circumstances where indemnity won't apply
8. Company's Rights and Obligations: Specific duties of the company in handling claims and providing indemnification
9. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
10. Notices: Format and procedure for giving notices under the agreement
11. Execution: Signature blocks and execution formalities
1. Insurance: Details of insurance coverage maintained by the company to support indemnification obligations - include when insurance arrangements are part of the indemnity structure
2. Assignment: Rights and restrictions regarding assignment of the indemnity - include for transferable positions or when succession planning is relevant
3. Advancement of Expenses: Provisions for advance payment of legal fees and expenses - include for senior executive protection
4. Third Party Rights: Rights of third parties under the indemnity - include when benefits extend to related parties
5. Severability: Provisions for maintaining validity if parts are found unenforceable - include in complex or high-value agreements
6. Confidentiality: Obligations regarding confidential information - include when sensitive information may be involved in claims
1. Schedule 1 - Indemnified Events: Detailed list of specific events, actions, or circumstances covered by the indemnity
2. Schedule 2 - Claim Procedures: Detailed procedures for making and processing indemnification claims
3. Schedule 3 - Monetary Limits: Specific financial caps and sub-limits for different types of claims
4. Appendix A - Board Resolution: Copy of board resolution authorizing the indemnification
5. Appendix B - Insurance Policies: Details of relevant insurance policies supporting the indemnity
6. Appendix C - Form of Claim Notice: Template for submitting indemnification claims
Authors
Financial Services
Technology
Manufacturing
Healthcare
Real Estate
Energy
Telecommunications
Professional Services
Retail
Construction
Education
Transportation
Mining
Pharmaceutical
Agriculture
Legal
Corporate Governance
Risk Management
Compliance
Board Secretariat
Executive Management
Corporate Affairs
Internal Audit
Finance
Human Resources
Chief Executive Officer
Chief Financial Officer
Managing Director
Company Secretary
Board Director
Independent Director
Chief Operating Officer
Chief Risk Officer
Chief Legal Officer
Executive Director
Non-Executive Director
Company President
Vice President
General Counsel
Corporate Secretary
Compliance Officer
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