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Mutual Indemnification Agreement

Mutual Indemnification Agreement Template for India

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Key Requirements PROMPT example:

Mutual Indemnification Agreement

"I need a Mutual Indemnification Agreement for a software development partnership between my tech company and an AI solutions provider, with liability caps of INR 5 crore and specific coverage for intellectual property infringement claims to be effective from March 2025."

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Document background
This Mutual Indemnification Agreement is essential for business relationships where parties seek to establish reciprocal protection against potential losses, claims, or damages. It is particularly relevant for commercial transactions, joint ventures, or business partnerships in India where both parties face potential risks and require mutual protection. The agreement complies with Indian contract law and includes comprehensive provisions for claim procedures, dispute resolution, and enforcement mechanisms. It should be used when parties want to clearly define their respective indemnification obligations, establish procedures for making claims, and ensure legal compliance with Indian jurisdiction requirements. The document addresses key aspects such as scope of indemnification, limitations, notice requirements, and cooperation in defense of claims.
Suggested Sections

1. Parties: Identification of all parties entering into the agreement

2. Background: Context of the agreement and relationship between the parties

3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the agreement

4. Scope of Indemnification: Detailed description of what each party is indemnifying the other against

5. Mutual Indemnification Obligations: Specific obligations of each party to indemnify the other

6. Limitations on Indemnification: Caps, exclusions, and limitations on the indemnification obligations

7. Procedure for Claims: Process for making and responding to indemnification claims

8. Duration of Obligations: Time period for which the indemnification obligations remain in effect

9. Notice Requirements: Requirements for providing notice of claims and potential claims

10. Cooperation in Defense: Obligations to cooperate in defending third-party claims

11. Dispute Resolution: Process for resolving disputes related to indemnification claims

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction

13. General Provisions: Standard boilerplate provisions including severability, entire agreement, etc.

Optional Sections

1. Insurance Requirements: Obligations to maintain specific insurance coverage - include when parties want to ensure financial backing for indemnification obligations

2. Third Party Rights: Rights of third parties under the agreement - include when third parties may have enforcement rights

3. Special Indemnities: Specific indemnities for unique circumstances - include when there are industry-specific risks

4. Survival: Provisions that survive termination - include when certain obligations should continue post-termination

5. Security Provisions: Requirements for security or collateral - include when additional financial security is required

6. Force Majeure: Exemptions for events beyond party control - include when relevant to indemnification obligations

Suggested Schedules

1. Schedule 1 - Specific Indemnified Risks: Detailed list of specific risks covered by the indemnification

2. Schedule 2 - Claim Procedures: Detailed procedures for making and processing indemnification claims

3. Schedule 3 - Calculation of Losses: Methodology for calculating indemnifiable losses

4. Schedule 4 - Contact Details: Contact information for notices and claims

5. Appendix A - Form of Claim Notice: Standard template for submitting indemnification claims

6. Appendix B - Insurance Requirements: Detailed insurance requirements including types and amounts of coverage

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
Clauses






























Relevant Industries

Manufacturing

Information Technology

Construction

Real Estate

Healthcare

Financial Services

Telecommunications

Energy and Utilities

Professional Services

Retail and Consumer Goods

Transportation and Logistics

Education and Training

Media and Entertainment

Pharmaceutical

Relevant Teams

Legal

Risk Management

Compliance

Executive Leadership

Finance

Operations

Business Development

Corporate Affairs

Commercial Operations

Project Management

Relevant Roles

Chief Legal Officer

General Counsel

Legal Director

Risk Manager

Compliance Officer

Chief Executive Officer

Chief Financial Officer

Commercial Director

Business Development Manager

Contract Manager

Legal Counsel

Corporate Secretary

Operations Director

Project Manager

Partnership 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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