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Release And Indemnity Agreement Template for Switzerland

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Key Requirements PROMPT example:

Release And Indemnity Agreement

"I need a Release and Indemnity Agreement under Swiss law for a software development company releasing a former contractor from all claims related to intellectual property rights, while also securing indemnification against any future third-party claims arising from the contractor's work."

Document background
The Release And Indemnity Agreement is a crucial legal instrument used in various business and personal contexts under Swiss law. It is typically employed following settlements, transactions, or risk allocation arrangements where parties seek to resolve existing disputes or prevent future claims while establishing protective measures through indemnification. This document type is particularly relevant in merger and acquisition transactions, settlement of disputes, commercial contracts, and personal injury cases. The agreement must comply with Swiss legal requirements, particularly the Swiss Code of Obligations and Civil Code provisions regarding contract formation, liability limitations, and the validity of releases. The document typically includes detailed provisions about the scope of release, indemnification obligations, payment terms, and various representations and warranties to ensure its enforceability under Swiss law.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement, including their legal status and addresses

2. Background: Context of the agreement, including relevant history, relationships between parties, and purpose of the release and indemnity

3. Definitions: Definitions of key terms used throughout the agreement

4. Release Provisions: Detailed description of the rights, claims, and liabilities being released, including scope and effective date

5. Indemnification Obligations: Specific indemnification commitments, including scope, procedure, and limitations

6. Representations and Warranties: Statements of fact and guarantees by each party regarding their authority, understanding, and capacity to enter into the agreement

7. Payment Terms: Details of any consideration or payment associated with the release and indemnity

8. Duration and Survival: Term of the agreement and which provisions survive termination

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

10. General Provisions: Standard legal provisions including entire agreement, amendments, severability, and notices

Optional Sections

1. Insurance Requirements: Required when specific insurance coverage needs to be maintained by either party

2. Confidentiality: Required when the release involves confidential information or when parties need to keep the terms of the agreement private

3. Third Party Rights: Needed when the release or indemnity affects rights of third parties

4. Dispute Resolution: Optional detailed procedures for handling disputes, such as mediation or arbitration

5. Force Majeure: Required when parties want to address circumstances beyond their control that might affect the agreement

6. Assignment: Needed when transfer of rights under the agreement needs to be restricted or permitted

7. Regulatory Compliance: Required when the release relates to regulated activities or industries

Suggested Schedules

1. Schedule of Released Claims: Detailed list of specific claims, actions, or rights being released

2. Schedule of Indemnified Matters: Specific listing of matters covered by the indemnification

3. Schedule of Related Agreements: List of other agreements or documents referenced in or affected by the release

4. Schedule of Insurance Requirements: Detailed insurance requirements including types, amounts, and terms of required coverage

5. Schedule of Excluded Claims: List of specific claims or matters explicitly excluded from the release

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

Financial Services

Insurance

Construction

Manufacturing

Technology

Healthcare

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Real Estate

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Retail

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Entertainment and Media

Relevant Teams

Legal

Risk Management

Compliance

Finance

Operations

Human Resources

Insurance

Corporate Affairs

Business Development

Project Management

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Chief Legal Officer

Contract Manager

Corporate Secretary

Chief Financial Officer

Insurance Manager

Claims Manager

Business Development Manager

Project Manager

Operations Director

Human Resources Director

General Counsel

Settlement 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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