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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."
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
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
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
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
Legal
Risk Management
Compliance
Operations
Procurement
Facilities Management
Business Development
Contract Administration
Insurance
Property Management
Project Management
Executive Leadership
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
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