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Contractor Indemnity Agreement

Contractor Indemnity Agreement Template for India

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Key Requirements PROMPT example:

Contractor Indemnity Agreement

"I need a Contractor Indemnity Agreement for my IT services company based in Bangalore, protecting us against potential data breaches and intellectual property infringement claims from our software development contractors starting March 2025."

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Document background
The Contractor Indemnity Agreement is essential for businesses operating in India that engage contractors for various services and projects. This document is typically used when organizations need to protect themselves against potential losses, damages, or legal claims arising from a contractor's actions or omissions. It should be implemented before the commencement of any contractor engagement and aligns with Indian legal requirements, particularly the Indian Contract Act, 1872, and relevant state regulations. The agreement becomes particularly crucial in high-risk industries or when significant financial exposure exists. It includes specific provisions for claim notification, defense procedures, and insurance requirements, reflecting Indian legal standards and business practices.
Suggested Sections

1. Parties: Identifies and defines the Indemnitor (contractor providing indemnity) and Indemnitee (party being indemnified)

2. Background: Explains the context of the relationship between parties and the need for the indemnity agreement

3. Definitions: Defines key terms used throughout the agreement including 'Indemnified Events', 'Losses', and 'Claims'

4. Scope of Indemnity: Details the specific circumstances, events, and losses covered by the indemnity

5. Indemnification Process: Outlines the procedure for making indemnity claims and the response timeline

6. Notice Requirements: Specifies how and when notices of claims must be given to trigger the indemnity

7. Defense and Settlement: Establishes rights and obligations regarding legal defense and settlement of claims

8. Duration: Specifies the term of the indemnity agreement and any survival provisions

9. Insurance Requirements: Mandates minimum insurance coverage to be maintained by the Indemnitor

10. Governing Law and Jurisdiction: Specifies that Indian law governs and establishes jurisdiction for disputes

Optional Sections

1. Limitations of Liability: Sets caps or exclusions on indemnity obligations - include when dealing with high-value contracts or specific risk allocations

2. Subrogation Rights: Establishes rights to pursue third parties - include when third-party claims are likely

3. Cross-Indemnification: Provides for mutual indemnification - include when both parties need protection

4. Force Majeure: Addresses impact of extraordinary events on indemnity obligations - include for long-term agreements

5. Alternative Dispute Resolution: Establishes mediation or arbitration procedures - include when parties prefer avoiding court litigation

6. Confidentiality: Protects sensitive information disclosed during claims process - include when sensitive information may be involved

7. Assignment: Restricts or permits transfer of indemnity rights - include when assignment rights are important to either party

Suggested Schedules

1. Schedule A - Covered Activities: Detailed list of contractor activities covered by the indemnity

2. Schedule B - Excluded Events: Specific exclusions from indemnity coverage

3. Schedule C - Insurance Requirements: Detailed insurance specifications including types, amounts, and required endorsements

4. Schedule D - Claim Notification Form: Standard form for submitting indemnity claims

5. Appendix 1 - Related Agreements: List of other agreements referenced or affected by this indemnity

6. Appendix 2 - Contact Information: Designated contacts for claim notices and administration

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
Relevant legal definitions
































Clauses

























Relevant Industries

Construction

Information Technology

Manufacturing

Energy and Utilities

Healthcare

Professional Services

Real Estate and Property Development

Mining and Resources

Transportation and Logistics

Engineering Services

Telecommunications

Facility Management

Relevant Teams

Legal

Procurement

Risk Management

Operations

Compliance

Commercial

Vendor Management

Project Management

Contract Administration

Business Development

Relevant Roles

Legal Counsel

Procurement Manager

Risk Manager

Contract Administrator

Project Manager

Operations Director

Compliance Officer

General Counsel

Commercial Manager

Business Development Manager

Vendor Management Specialist

Chief Legal Officer

Chief Risk Officer

Chief Operations 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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