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Indemnity Agreement (Construction)
"I need a Construction Indemnity Agreement for a large-scale commercial development project in Ontario, where our company is the general contractor seeking protection against subcontractor claims and environmental risks, with specific attention to hazardous material handling."
1. Parties: Identifies and defines the Indemnitor and Indemnitee, including full legal names and addresses
2. Background: Describes the construction project context and the relationship between the parties
3. Definitions: Defines key terms including 'Claims', 'Losses', 'Project', 'Work', and other relevant terms
4. Scope of Indemnification: Details the specific risks, losses, and claims covered by the indemnity
5. Indemnification Obligations: Specifies the core indemnification commitments and duties of the Indemnitor
6. Insurance Requirements: Outlines required insurance coverage, limits, and certificates
7. Notice Requirements: Specifies procedures and timeframes for notifying parties of claims
8. Defense and Settlement: Describes the process for defending claims and settling disputes
9. Term and Survival: Specifies duration of the agreement and which provisions survive termination
10. General Provisions: Standard contract clauses including governing law, amendments, and notices
11. Execution: Signature blocks and execution requirements
1. Environmental Indemnification: Additional provisions specifically for environmental risks and liabilities
2. Intellectual Property Indemnification: Provisions covering IP-related claims when design or innovative construction methods are involved
3. Cross-Indemnification: Mutual indemnification provisions when both parties have significant risks to cover
4. Limitation of Liability: Caps or restrictions on indemnification obligations
5. Subcontractor Requirements: Specific provisions for extending indemnification obligations to subcontractors
6. Force Majeure: Provisions addressing how extraordinary events affect indemnification obligations
7. Alternative Dispute Resolution: Specific procedures for resolving indemnification disputes through mediation or arbitration
1. Schedule A - Project Description: Detailed description of the construction project scope and specifications
2. Schedule B - Insurance Requirements: Detailed insurance specifications including types, amounts, and special requirements
3. Schedule C - Excluded Claims: List of specific claims or circumstances excluded from indemnification
4. Schedule D - Notice Recipients: Contact details for notices related to claims and indemnification
5. Schedule E - Subcontractor Form: Standard form for extending indemnification obligations to subcontractors
6. Appendix 1 - Claim Notification Form: Standard form for notifying parties of claims under the agreement
7. Appendix 2 - Certificate of Insurance: Template for required insurance certificates
Authors
Commercial Construction
Residential Construction
Industrial Construction
Infrastructure Development
Real Estate Development
Civil Engineering
Building Renovation
Manufacturing Facilities
Healthcare Facilities
Educational Facilities
Retail Development
Municipal Works
Energy and Utilities
Transportation
Mining
Legal
Risk Management
Construction Management
Project Management
Operations
Procurement
Compliance
Health and Safety
Finance
Insurance
Quality Assurance
Claims Management
Business Development
Contract Administration
Construction Project Manager
Contract Administrator
Risk Manager
Legal Counsel
Insurance Manager
Construction Site Supervisor
Chief Financial Officer
Operations Director
Project Director
Procurement Manager
Compliance Officer
Safety Manager
General Counsel
Construction Manager
Development Manager
Claims Manager
Business Development Manager
Cost Controller
Quality Assurance Manager
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