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Indemnification Agreement (Construction)
"I need an Indemnification Agreement (Construction) for a large-scale residential development project in Mumbai, where my company is the main contractor, with specific focus on environmental risk protection and subcontractor liability coverage."
1. Parties: Identification of the Indemnitor and Indemnitee with full legal names and addresses
2. Background: Context of the construction project and the relationship between parties necessitating the indemnification
3. Definitions: Key terms used throughout the agreement including 'Claims', 'Losses', 'Indemnified Parties', 'Project', etc.
4. Scope of Indemnification: Detailed description of what losses, damages, and claims are covered by the indemnification
5. Indemnification Obligations: Specific obligations of the Indemnitor including timing, extent, and nature of indemnification
6. Exclusions and Limitations: Specific exclusions from indemnification coverage and any caps or limitations on liability
7. Notice Requirements: Procedures and timeframes for notifying the Indemnitor of claims
8. Defense and Settlement: Processes for defending against claims and requirements for settlement approval
9. Insurance Requirements: Mandatory insurance coverage to be maintained by the parties
10. Duration: Term of the indemnification obligations including survival provisions
11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
12. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration provisions
13. General Provisions: Standard clauses including severability, entire agreement, amendments, and notices
1. Third Party Claims: Specific procedures for handling third party claims, included when third party risks are significant
2. Environmental Indemnification: Specific provisions for environmental liabilities, included when environmental risks are present
3. Intellectual Property Indemnification: Provisions covering IP infringement claims, included when design or technology elements are involved
4. Cross-Indemnification: Mutual indemnification provisions, included when both parties need to provide indemnification
5. Security Provisions: Requirements for performance bonds or other security, included for high-value projects
6. Step-In Rights: Rights of the Indemnitee to take over defense of claims, included for complex projects
7. Subcontractor Provisions: Provisions relating to subcontractor indemnification, included when subcontracting is involved
1. Schedule A - Project Description: Detailed description of the construction project covered by the indemnification
2. Schedule B - Scope of Works: Detailed scope of construction works related to the indemnification
3. Schedule C - Insurance Requirements: Detailed insurance specifications including types, amounts, and conditions
4. Schedule D - Form of Notice: Template for claim notices and other required notifications
5. Schedule E - Excluded Claims: Detailed list of specific exclusions from indemnification coverage
6. Appendix 1 - Key Personnel: List of key personnel responsible for managing indemnification claims
7. Appendix 2 - Contact Information: Contact details for notices and claim submissions
Authors
Construction
Real Estate
Infrastructure
Engineering
Architecture
Project Development
Industrial Construction
Commercial Real Estate
Residential Development
Urban Development
Legal
Operations
Risk Management
Compliance
Project Management
Commercial
Construction Management
Contract Administration
Claims Management
Executive Leadership
Construction Project Manager
Legal Counsel
Risk Manager
Contract Administrator
Chief Operating Officer
Project Director
Site Superintendent
Construction Executive
Claims Manager
Compliance Officer
General Counsel
Commercial Director
Operations Manager
Chief Legal Officer
Project Coordinator
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Indemnity Agreement (Construction)
An Indian law-governed agreement establishing indemnification obligations and risk allocation between parties in construction projects.
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