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Hold Harmless Agreement (Insurance) Template for Switzerland

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Key Requirements PROMPT example:

Hold Harmless Agreement (Insurance)

"I need a Hold Harmless Agreement (Insurance) for a construction project in Zurich starting March 2025, where our company will be the primary contractor requiring subcontractors to indemnify us and maintain specific insurance coverage for all project-related activities."

Document background
The Hold Harmless Agreement (Insurance) is a critical risk management instrument used in the Swiss business environment where parties seek to clearly define and allocate potential risks and liabilities. This document type is particularly relevant when businesses engage in activities with significant risk exposure or when insurance requirements need to be formally documented. The agreement, governed by Swiss law, combines elements of both traditional hold harmless provisions and specific insurance requirements, making it especially useful in complex commercial relationships where risk transfer and insurance coverage are essential components. It provides detailed provisions for indemnification, insurance obligations, and claims procedures, while ensuring compliance with Swiss regulatory requirements, including the Swiss Code of Obligations and the Insurance Contract Act. The document is commonly used in various business contexts, from construction projects to professional services, where clear allocation of risks and insurance responsibilities is crucial for risk management and legal compliance.
Suggested Sections

1. Parties: Identification of the indemnitor (party providing indemnification) and indemnitee (party being indemnified), including full legal names and addresses

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

3. Definitions: Key terms used throughout the agreement, including specific insurance and risk-related terminology

4. Scope of Indemnification: Detailed description of the risks, activities, and circumstances covered by the hold harmless provision

5. Insurance Requirements: Specific insurance coverage requirements, including types of insurance, minimum coverage amounts, and rating requirements for insurers

6. Duration and Termination: Term of the agreement, including start date and conditions for termination

7. Claims Procedure: Process for making and handling indemnification claims, including notification requirements and timelines

8. Representations and Warranties: Statements of fact and guarantees by both parties regarding their authority and ability to fulfill obligations

9. Compliance with Laws: Obligation to comply with relevant Swiss laws and regulations, particularly insurance and financial market regulations

10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and designation of jurisdiction for dispute resolution

Optional Sections

1. Cross-Indemnification: Mutual hold harmless provisions where both parties indemnify each other for different risks or circumstances

2. Subrogation Waiver: Waiver of insurance subrogation rights, typically used when both parties have insurance coverage

3. Force Majeure: Provisions for circumstances beyond parties' control that may affect the indemnification obligations

4. Insurance Market Conditions: Provisions addressing changes in insurance market conditions or availability of coverage

5. Third Party Rights: Provisions regarding the rights of third parties to claim under the agreement

6. Alternative Dispute Resolution: Procedures for mediation or arbitration before court proceedings

Suggested Schedules

1. Schedule A - Insurance Specifications: Detailed requirements for insurance coverage, including types, limits, and deductibles

2. Schedule B - Covered Activities: Comprehensive list of activities, operations, or circumstances covered by the indemnification

3. Schedule C - Claim Forms: Standard forms and documentation required for making indemnification claims

4. Schedule D - Contact Information: List of key contacts for both parties, including insurance coordinators and claim handlers

5. Appendix 1 - Risk Assessment: Detailed assessment of risks covered by the agreement

6. Appendix 2 - Insurance Certificates: Copies of current insurance certificates evidencing required coverage

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

Insurance

Financial Services

Construction

Manufacturing

Real Estate

Healthcare

Professional Services

Transportation

Energy

Technology

Industrial

Infrastructure

Hospitality

Relevant Teams

Legal

Risk Management

Compliance

Insurance

Operations

Finance

Procurement

Corporate Affairs

Project Management

Contract Administration

Relevant Roles

Risk Manager

Legal Counsel

Insurance Manager

Compliance Officer

Contract Manager

Project Manager

Chief Financial Officer

Operations Director

General Counsel

Insurance Broker

Claims Manager

Business Development Manager

Corporate Secretary

Chief Risk Officer

Procurement 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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