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Hold And Harmless Agreement Template for Switzerland

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Key Requirements PROMPT example:

Hold And Harmless Agreement

"I need a Hold Harmless Agreement for a commercial property lease starting March 1, 2025, where my company (as landlord) needs protection from any claims arising from the tenant's business operations in our building, including protection for our property management company."

Document background
The Hold Harmless Agreement serves as a critical risk management tool in Swiss business relationships, providing a legal framework for allocating and managing potential liabilities between parties. This document is particularly valuable in situations where one party wishes to be protected from potential claims or losses arising from specific activities, transactions, or relationships. Under Swiss law, while parties have significant freedom of contract, certain limitations apply to liability exclusions and indemnification provisions, as governed by the Swiss Code of Obligations. The agreement typically details the scope of protection, procedures for handling claims, and specific obligations of each party, while ensuring compliance with Swiss public policy requirements and mandatory legal provisions. It's commonly used in business transactions, property usage, professional services, and various commercial relationships where clear risk allocation is essential.
Suggested Sections

1. Parties: Identification and details of the indemnitor (party providing indemnification) and indemnitee (party being indemnified)

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

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

4. Scope of Indemnification: Detailed description of what risks, losses, and circumstances are covered by the indemnification

5. Duration: Term of the agreement and survival provisions for indemnification obligations

6. Notice Requirements: Procedures and timeframes for notifying the indemnifying party of claims

7. Cooperation: Obligations of parties to cooperate in defense of claims and sharing of information

8. Defense of Claims: Process for defending against third-party claims and allocation of defense costs

9. Limitation of Liability: Limitations on the scope of indemnification in accordance with Swiss law

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

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Insurance Requirements: Required when specific insurance coverage must be maintained to support indemnification obligations

2. Exclusions: Specific exclusions from the indemnification scope, used when certain risks need to be explicitly carved out

3. Subrogation: Rights of subrogation and related provisions, included when insurance or third-party rights are relevant

4. Force Majeure: Provisions for extraordinary events affecting indemnification obligations, used in longer-term agreements

5. Assignment: Transfer rights and restrictions, included when assignment possibilities need to be addressed

6. Severability: Provisions for partial invalidity, included when agreement complexity warrants it

7. Third Party Rights: Provisions regarding rights of third parties, included when additional parties may need protection

Suggested Schedules

1. Schedule A - Scope of Indemnified Activities: Detailed list of activities, operations, or circumstances covered by the indemnification

2. Schedule B - Specific Excluded Claims: Detailed list of specifically excluded claims or circumstances, if any

3. Appendix 1 - Insurance Requirements: Specific insurance requirements including types, amounts, and conditions of coverage

4. Appendix 2 - Notice Requirements and Procedures: Detailed procedures for claim notification and handling

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

Manufacturing

Construction

Real Estate

Events and Entertainment

Professional Services

Technology

Healthcare

Education

Retail

Transportation and Logistics

Insurance

Hospitality

Sports and Recreation

Industrial Services

Relevant Teams

Legal

Risk Management

Compliance

Operations

Procurement

Facilities Management

Business Development

Contract Administration

Insurance

Property Management

Project Management

Executive Leadership

Relevant Roles

Legal Counsel

Risk Manager

Contract Manager

Business Development Manager

Operations Director

Project Manager

Facility Manager

Compliance Officer

Chief Legal Officer

Insurance Manager

Property Manager

Event Coordinator

Construction Manager

Procurement Manager

General Manager

CEO

COO

Chief Risk Officer

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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