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Deed Of Indemnity And Release

Deed Of Indemnity And Release Template for Switzerland

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Key Requirements PROMPT example:

Deed Of Indemnity And Release

"I need a Deed of Indemnity and Release under Swiss law for a corporate restructuring where our parent company (TechGlobal AG) needs to indemnify three former directors against future claims relating to their directorship period from January 2025 to October 2025."

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Document background
The Deed of Indemnity and Release is a crucial legal instrument in Swiss business practice, commonly used in corporate transactions, restructurings, settlements, and risk management scenarios. It is particularly relevant when parties need to allocate risk and provide mutual assurances regarding potential liabilities. The document combines two important legal concepts under Swiss law: the provision of indemnification (protection against future losses or claims) and the release of existing or potential claims. This deed must be carefully drafted to comply with Swiss legal requirements, particularly those set out in the Swiss Code of Obligations (OR) regarding formal execution requirements and the validity of liability exclusions. It is commonly used in situations involving corporate reorganizations, director and officer protection, settlement of disputes, or commercial transactions where clear allocation of risks and responsibilities is essential.
Suggested Sections

1. Parties: Identification of the parties entering into the deed, including their full legal names, addresses, and any registration details

2. Background: Context of the deed, including relevant history, relationships between parties, and circumstances leading to the indemnity and release

3. Definitions: Definitions of key terms used throughout the deed, including 'Claims', 'Losses', 'Indemnified Parties', and other relevant terms

4. Interpretation: Rules for interpreting the deed, including construction of references, headings, and calculation of time periods

5. Indemnity: Detailed provisions of the indemnification, including scope, limitations, and triggers

6. Release: Terms of the release, including scope of claims being released and any exceptions

7. Payment Terms: Details of any payments related to the indemnity, including timing, method, and currency

8. Representations and Warranties: Statements of fact and assurances given by the parties

9. Notices: Process and requirements for giving formal notices under the deed

10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

11. Execution: Formal execution block meeting Swiss deed requirements

Optional Sections

1. Group Company Provisions: Additional provisions for group companies if the indemnity extends to related entities

2. Insurance: Requirements for insurance coverage related to the indemnified matters

3. Specific Performance: Rights to seek specific performance as a remedy

4. Confidentiality: Provisions regarding confidentiality of the deed and its terms

5. Third Party Rights: Provisions addressing whether third parties have rights under the deed

6. Further Assurance: Obligations to take additional actions to give effect to the deed

7. Costs: Allocation of costs related to the preparation and execution of the deed

8. Severability: Provisions addressing the impact of any invalid provisions

9. Assignment: Restrictions or permissions regarding assignment of rights under the deed

Suggested Schedules

1. Schedule 1 - Released Claims: Detailed list or description of claims being released

2. Schedule 2 - Indemnified Matters: Specific details of matters covered by the indemnity

3. Schedule 3 - Related Agreements: List and details of any related agreements referenced in the deed

4. Schedule 4 - Calculation of Payments: Details of any payment calculations or formulas if applicable

5. Appendix A - Form of Release: Standard form of release document if separate releases are required

6. Appendix B - Notice Details: Detailed contact information for notices to all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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





























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Relevant Industries

Financial Services

Insurance

Banking

Manufacturing

Technology

Professional Services

Construction

Real Estate

Healthcare

Energy

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Telecommunications

Transportation

Retail

Pharmaceutical

Relevant Teams

Legal

Compliance

Risk Management

Corporate Secretariat

Finance

Executive Leadership

Board of Directors

Corporate Affairs

Insurance

Mergers & Acquisitions

Relevant Roles

Chief Legal Officer

General Counsel

Legal Director

Corporate Secretary

Risk Manager

Compliance Officer

Chief Financial Officer

Director of Corporate Affairs

Board Member

Managing Director

Chief Executive Officer

Head of Legal

Senior Legal Counsel

Company Director

Corporate Lawyer

Insurance Manager

Transaction Manager

Industries






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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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