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General Indemnity Agreement Template for Switzerland

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Key Requirements PROMPT example:

General Indemnity Agreement

"I need a General Indemnity Agreement under Swiss law for a large-scale construction project in Geneva, where the main contractor will indemnify the project owner against all third-party claims and environmental damages, with the agreement to be effective from March 2025."

Document background
The General Indemnity Agreement serves as a critical risk allocation tool in various business relationships under Swiss law. It is commonly used when one party needs to protect another against specific risks, losses, or third-party claims arising from defined circumstances. The agreement becomes particularly relevant in corporate transactions, project finance, construction projects, and various commercial arrangements where risk transfer is essential. This document type is structured to comply with Swiss legal requirements, particularly the Swiss Code of Obligations, and typically includes detailed provisions on the scope of indemnity, claim procedures, and enforcement mechanisms. The General Indemnity Agreement can be tailored to include specific security arrangements, insurance requirements, or other risk mitigation measures, making it adaptable to various business contexts while maintaining its enforceability under Swiss law.
Suggested Sections

1. Parties: Identification of the Indemnitor (party providing indemnity) and Indemnitee (party receiving indemnity protection)

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

3. Definitions: Key terms used throughout the agreement, including 'Indemnified Losses', 'Claims', 'Indemnification Obligations'

4. Scope of Indemnity: Detailed description of what losses, damages, and claims are covered by the indemnity

5. Indemnification Process: Procedures for making claims, notice requirements, and handling of claims

6. Payment Terms: Timing and method of indemnity payments, including any limitations or caps

7. Defense and Settlement: Rights and obligations regarding legal defense and settlement of claims

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

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

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

11. Notices: Process and requirements for formal communications between parties

12. General Provisions: Standard boilerplate clauses including severability, entire agreement, amendments

Optional Sections

1. Security: Include when collateral or security is required to support the indemnity obligations

2. Insurance Requirements: Include when specific insurance coverage is required to back the indemnity

3. Third Party Rights: Include when indemnification extends to affiliated parties or other third parties

4. Subrogation Rights: Include when addressing rights to pursue claims against third parties

5. Currency Provisions: Include for cross-border agreements involving multiple currencies

6. Tax Implications: Include when indemnity payments have significant tax consequences

7. Alternative Dispute Resolution: Include when parties prefer arbitration or mediation before litigation

Suggested Schedules

1. Schedule of Specific Indemnified Events: Detailed list of specific events or circumstances covered by the indemnity

2. Schedule of Excluded Claims: List of specific exclusions from the indemnity coverage

3. Schedule of Claim Procedures: Detailed procedures for processing and handling indemnity claims

4. Schedule of Security Arrangements: Details of any collateral or security provided

5. Schedule of Insurance Requirements: Specific insurance requirements including types, amounts, and terms

6. Appendix - Form of Claim Notice: Template for submitting indemnity claims

7. Appendix - Contact Details: List of key contacts and their roles for both parties

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




































Clauses






























Relevant Industries

Financial Services

Construction

Manufacturing

Technology

Energy

Infrastructure

Real Estate

Healthcare

Transportation

Professional Services

Insurance

Mining and Resources

Telecommunications

Retail and Consumer Goods

Relevant Teams

Legal

Risk Management

Finance

Compliance

Treasury

Operations

Commercial

Insurance

Corporate Secretariat

Business Development

Project Management

Relevant Roles

Legal Counsel

Risk Manager

Chief Financial Officer

Compliance Officer

Contract Manager

Project Manager

Insurance Manager

Treasury Manager

Corporate Secretary

General Counsel

Chief Risk Officer

Business Development Manager

Operations Director

Finance Director

Commercial Director

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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