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Hold Harmless Indemnity Agreement
"I need a Hold Harmless Indemnity Agreement for my construction company acting as the main contractor, to protect us from liability related to subcontractor work on our upcoming residential development project starting March 2025 in Mumbai."
1. Parties: Identifies and defines the Indemnitor (party providing indemnification) and Indemnitee (party being protected)
2. Background: Explains the context and purpose of the agreement, including the relationship between the parties and the activities being covered
3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Losses', 'Indemnified Events', etc.
4. Scope of Indemnification: Details the specific activities, circumstances, and types of claims covered by the indemnification
5. Indemnification Obligations: Specifies the Indemnitor's obligations to defend, indemnify, and hold harmless the Indemnitee
6. Notice Requirements: Procedures for notifying the Indemnitor of claims and the timeframe for such notifications
7. Defense of Claims: Procedures for handling claims, including control of defense and settlement negotiations
8. Insurance Requirements: Minimum insurance coverage requirements for the Indemnitor
9. Term and Survival: Duration of the agreement and which provisions survive termination
10. Governing Law and Jurisdiction: Specifies that Indian law governs and establishes jurisdiction for disputes
1. Limitations of Liability: Used when parties want to cap the total indemnification amount or exclude certain types of damages
2. Force Majeure: Include when activities involved may be affected by events beyond parties' control
3. Mutual Indemnification: Used when both parties are providing reciprocal indemnification
4. Subrogation Waiver: Include when insurance is involved to prevent insurers from pursuing claims against the indemnified party
5. Severability: Include in complex agreements to ensure partial invalidity doesn't void entire agreement
6. Alternative Dispute Resolution: Add when parties prefer arbitration or mediation before litigation
7. Confidentiality: Include when indemnified activities involve sensitive information
1. Schedule A - Covered Activities: Detailed description of activities or operations covered by the indemnification
2. Schedule B - Insurance Requirements: Specific insurance types, coverage amounts, and provider requirements
3. Schedule C - Excluded Claims: List of specific claims or circumstances explicitly excluded from indemnification
4. Appendix 1 - Notice Requirements: Detailed procedures and contact information for claim notifications
5. Appendix 2 - Claim Handling Procedures: Step-by-step procedures for handling and processing claims
Authors
Construction
Real Estate
Events and Entertainment
Manufacturing
Professional Services
Healthcare
Sports and Recreation
Education
Transportation
Logistics
Technology
Energy
Retail
Financial Services
Insurance
Legal
Risk Management
Compliance
Operations
Procurement
Facilities Management
Project Management
Contract Administration
Insurance
Business Development
Health and Safety
Legal Counsel
Risk Manager
Compliance Officer
Contract Manager
Project Manager
Operations Director
Facility Manager
Property Manager
Event Coordinator
Construction Manager
Insurance Manager
Business Development Manager
General Counsel
Chief Legal Officer
Chief Risk Officer
Procurement Manager
Safety Officer
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