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Hold Harmless Agreement For Contractors
"I need a Hold Harmless Agreement for Contractors for our construction company based in New South Wales, which will be working with multiple contractors on a large commercial building project starting March 2025, with particular emphasis on workplace safety and subcontractor liability."
1. Parties: Identifies and provides full legal details of both the indemnifier (contractor) and the indemnitee (hiring party)
2. Background: Explains the context of the agreement, nature of the contractor relationship, and general purpose of the hold harmless arrangement
3. Definitions: Defines key terms used throughout the agreement including 'Indemnified Parties', 'Claims', 'Losses', and 'Services'
4. Scope of Services: Describes the specific work or services to be performed by the contractor that are covered by the hold harmless provisions
5. Indemnification Provisions: Core section detailing the specific indemnification obligations, including what types of claims and losses are covered
6. Insurance Requirements: Specifies the types and amounts of insurance coverage the contractor must maintain
7. Term and Termination: Specifies how long the hold harmless provisions remain in effect and any termination conditions
8. Notices: Details how and where formal notices under the agreement must be delivered
9. Governing Law: Specifies that Australian law governs the agreement and nominates the jurisdiction for dispute resolution
10. Execution: Formal signing section with execution blocks for all parties
1. Limitation of Liability: Include when there's a need to cap the contractor's liability or exclude certain types of damages
2. Confidentiality: Include when the contractor will have access to confidential information during service provision
3. Intellectual Property: Include when the services involve creation or use of intellectual property
4. Safety Requirements: Include for high-risk work or when specific safety protocols must be followed
5. Subcontractor Provisions: Include when the contractor may engage subcontractors
6. Force Majeure: Include when there's a need to address unforeseeable circumstances that could prevent performance
7. Alternative Dispute Resolution: Include when parties wish to specify mediation or arbitration procedures before litigation
1. Schedule A - Scope of Services: Detailed description of the specific services or work to be performed by the contractor
2. Schedule B - Insurance Requirements: Detailed specifications of required insurance policies, coverage amounts, and conditions
3. Schedule C - Fee Schedule: If applicable, details of any fees or payment arrangements related to the services
4. Schedule D - Safety Procedures: Specific safety requirements and procedures applicable to the services
5. Appendix 1 - Key Personnel: List of key personnel authorized to perform services under the agreement
6. Appendix 2 - Site Locations: If applicable, list of specific sites or locations where services will be performed
Authors
Construction
Mining
Manufacturing
Property Development
Infrastructure
Energy and Resources
Information Technology
Professional Services
Healthcare
Facilities Management
Transportation and Logistics
Engineering Services
Legal
Risk Management
Procurement
Operations
Project Management
Health and Safety
Compliance
Commercial
Facilities Management
Contract Administration
Risk Manager
Legal Counsel
Procurement Manager
Contract Administrator
Project Manager
Operations Manager
Facilities Manager
Health and Safety Manager
Commercial Manager
Chief Operating Officer
General Counsel
Compliance Officer
Construction Manager
Site Supervisor
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