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Deductible Indemnity Agreement Template for Switzerland

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Key Requirements PROMPT example:

Deductible Indemnity Agreement

"I need a Deductible Indemnity Agreement under Swiss law for a software company acquisition closing on March 15, 2025, with a CHF 500,000 deductible and standard indemnification provisions for tech industry risks."

Document background
The Deductible Indemnity Agreement is commonly utilized in commercial transactions where parties need to allocate specific risks while maintaining a threshold of self-retained risk through a deductible structure. This document is particularly relevant in merger and acquisition transactions, complex commercial contracts, or risk transfer arrangements under Swiss law. The agreement details the scope of indemnified events, establishes the deductible mechanism, and outlines the process for making and resolving claims. It is designed to comply with Swiss legal requirements, particularly the Swiss Code of Obligations, and includes jurisdiction-specific provisions for enforcement and dispute resolution. The document typically includes detailed schedules for calculating the deductible and processing claims, making it essential for risk management and commercial operations.
Suggested Sections

1. Parties: Identification of the indemnitor and indemnitee, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the indemnification arrangement

3. Definitions: Defined terms used throughout the agreement, including 'Indemnified Events', 'Deductible Amount', and 'Claims'

4. Scope of Indemnification: Detailed description of events, losses, and circumstances covered by the indemnity

5. Deductible Structure: Specification of the deductible amount and how it applies to claims

6. Claims Procedure: Process for making claims, including notification requirements and timing

7. Payment Terms: Terms for payment of indemnification amounts, including timing and method

8. Limitations and Exclusions: Specific limitations on the indemnity and excluded events or losses

9. Duration: Term of the agreement and any survival provisions

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

11. Miscellaneous: Standard provisions including amendments, assignments, and notices

Optional Sections

1. Security Provisions: Required when additional security for the indemnity obligation is needed, such as bank guarantees or parent company guarantees

2. Insurance Requirements: Used when specific insurance coverage must be maintained by either party

3. Multiple Beneficiaries: Needed when the indemnity extends to multiple beneficiaries or affiliated entities

4. Currency Provisions: Required for cross-border arrangements involving multiple currencies

5. Tax Provisions: Included when specific tax implications need to be addressed

6. Reporting Requirements: Used when ongoing reporting of potential claims or risks is required

7. Step-In Rights: Included when the indemnitor needs rights to take control of underlying disputes or claims

Suggested Schedules

1. Schedule 1 - Calculation of Deductible: Detailed methodology for calculating the deductible amount, including any adjustments

2. Schedule 2 - Claim Form Template: Standard form for submitting indemnification claims

3. Schedule 3 - Excluded Events: Detailed list of specific events or circumstances excluded from indemnification

4. Schedule 4 - Contact Details: List of key contacts and addresses for notices and claims

5. Appendix A - Supporting Documents: List of background documents relevant to the indemnity obligation

6. Appendix B - Claim Processing Procedures: Detailed procedures for handling and processing claims

Authors

Alex Denne

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

Relevant legal definitions

































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Relevant Industries

Financial Services

Insurance

Manufacturing

Construction

Energy

Technology

Healthcare

Real Estate

Private Equity

Infrastructure

Transportation

Professional Services

Relevant Teams

Legal

Risk Management

Finance

Treasury

Compliance

Corporate Secretariat

Insurance

Commercial Operations

Mergers & Acquisitions

Business Development

Relevant Roles

Chief Legal Officer

General Counsel

Risk Manager

Chief Financial Officer

Legal Director

Compliance Officer

Corporate Secretary

Treasury Manager

Insurance Manager

Contract Manager

Commercial Director

Chief Risk Officer

M&A Director

Transaction 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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