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Hold Harmless And Indemnity Agreement

Hold Harmless And Indemnity Agreement Template for Switzerland

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Key Requirements PROMPT example:

Hold Harmless And Indemnity Agreement

"I need a Hold Harmless and Indemnity Agreement under Swiss law for my software development company providing services to a major Swiss bank, with specific focus on protecting against cybersecurity incidents and data breaches, to be effective from March 1, 2025."

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Document background
The Hold Harmless and Indemnity Agreement is essential in Swiss business transactions where risk allocation between parties needs to be clearly defined and documented. This agreement is particularly relevant in situations involving potential liability exposure, such as construction projects, service provisions, or business partnerships. Under Swiss law, these agreements must carefully balance the parties' freedom to contract with mandatory legal restrictions on liability limitations. The document typically includes detailed provisions on the scope of indemnification, claim procedures, and compliance with Swiss insurance requirements. It's crucial in scenarios where one party seeks protection from potential claims or losses arising from specified activities or relationships, while ensuring adherence to Swiss legal principles regarding liability and risk allocation.
Suggested Sections

1. Parties: Identification and details of the Indemnitor and Indemnitee, including full legal names, addresses, and registration details if companies

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

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

4. Scope of Indemnification: Detailed description of what losses, damages, or claims are covered by the indemnification

5. Indemnification Obligations: Specific obligations of the Indemnitor, including timing and nature of indemnification

6. Limitations of Liability: Limitations on the indemnification obligation, considering Swiss law restrictions on liability exclusions

7. Notice Requirements: Procedures and timeframes for notifying the Indemnitor of claims

8. Defense of Claims: Process for defending against third-party claims, including control of defense and settlement

9. Duration: Term of the indemnification obligations, including survival provisions

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

Optional Sections

1. Insurance Requirements: Required when specific insurance coverage is needed to support indemnification obligations

2. Subrogation Rights: Include when addressing rights of insurers and third parties to pursue claims

3. Security Provisions: Include when requiring security deposits or guarantees to support indemnification obligations

4. Alternative Dispute Resolution: Optional provisions for mediation or arbitration before court proceedings

5. Force Majeure: Include when certain events should excuse or modify indemnification obligations

6. Relationship of Parties: Include when necessary to clarify that indemnification doesn't create additional relationships

7. Assignment: Include when transfer of indemnification rights or obligations needs to be addressed

Suggested Schedules

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

2. Schedule of Excluded Claims: List of specific claims or circumstances explicitly excluded from indemnification

3. Insurance Requirements Schedule: Detailed requirements for insurance coverage, including types and amounts

4. Form of Notice: Template for required notices under the agreement

5. Related Agreements: List of other agreements referenced or affected by the indemnification

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
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Relevant Industries

Construction

Manufacturing

Financial Services

Professional Services

Real Estate

Events and Entertainment

Healthcare

Technology

Transportation and Logistics

Insurance

Education

Retail

Hospitality

Industrial

Energy

Pharmaceutical

Relevant Teams

Legal

Risk Management

Compliance

Operations

Finance

Procurement

Business Development

Insurance

Corporate Affairs

Commercial

Project Management

Facilities Management

Relevant Roles

Legal Counsel

Risk Manager

Contract Manager

Chief Legal Officer

Compliance Officer

Project Manager

Operations Director

Chief Financial Officer

Insurance Manager

Business Development Manager

Procurement Manager

Facility Manager

General Counsel

Commercial Director

Chief Risk Officer

Corporate Secretary

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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