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Hold Harmless Indemnity Agreement Template for India

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Key Requirements PROMPT example:

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."

Document background
The Hold Harmless Indemnity Agreement is a crucial risk management tool widely used in Indian business transactions and operations. This document is essential when parties need to clearly allocate potential risks and liabilities in their business relationships, particularly in situations involving property use, service provision, or complex operational activities. The agreement, governed by Indian law and specifically structured under the Indian Contract Act, 1872, serves to protect one party from claims, losses, or damages that may arise from specified activities or circumstances. It is commonly employed in construction projects, property management, event organization, and various business operations where clear risk allocation is necessary. The document typically includes comprehensive provisions for insurance requirements, claim procedures, and defense obligations, making it particularly valuable for businesses seeking to manage their liability exposure effectively.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

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Relevant Industries

Construction

Real Estate

Events and Entertainment

Manufacturing

Professional Services

Healthcare

Sports and Recreation

Education

Transportation

Logistics

Technology

Energy

Retail

Financial Services

Insurance

Relevant Teams

Legal

Risk Management

Compliance

Operations

Procurement

Facilities Management

Project Management

Contract Administration

Insurance

Business Development

Health and Safety

Relevant Roles

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

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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