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Hold Harmless And Indemnity Agreement Template for Netherlands

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Key Requirements PROMPT example:

Hold Harmless And Indemnity Agreement

"I need a Hold Harmless and Indemnity Agreement for a construction project where my company will be the main contractor working with multiple subcontractors on a commercial building site, with specific focus on protecting against workplace safety incidents and property damage claims."

Document background
The Hold Harmless and Indemnity Agreement is essential in Dutch business transactions where parties need to clearly define risk allocation and liability protection. This document is commonly used in situations involving business partnerships, service provisions, construction projects, or any scenario where one party wishes to be protected from potential claims or losses arising from specified activities. Under Dutch law, such agreements must be carefully drafted to ensure compliance with the Dutch Civil Code, particularly regarding limitations on liability and fairness in commercial contracts. The agreement typically includes detailed provisions on the scope of indemnification, claim procedures, and defense obligations, while considering Dutch legal principles on reasonableness and fairness (redelijkheid en billijkheid). It serves as a crucial risk management tool, particularly in complex business transactions or high-risk activities.
Suggested Sections

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', and scope of indemnification

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

5. Indemnification Obligations: Specific obligations of the Indemnitor, including defense obligations and payment of losses

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

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

8. Limitations and Exclusions: Any limitations on the indemnification obligation and specific exclusions

9. Duration: Term of the indemnification obligations and survival provisions

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

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Insurance Requirements: Required insurance coverage to support indemnification obligations, used when specific insurance requirements are needed

2. Subrogation: Rights of subrogation and waiver provisions, included when insurance is involved

3. Security: Requirements for security or collateral to support indemnification obligations, used in high-value or high-risk situations

4. Alternative Dispute Resolution: Mediation or arbitration provisions, included when parties prefer alternative dispute resolution

5. Contribution: Provisions for sharing liability among multiple parties, used when multiple parties may be responsible

6. Force Majeure: Provisions addressing circumstances beyond parties' control, included when relevant to the indemnified activities

7. Severability: Provisions ensuring remainder of agreement survives if parts are found invalid, used in complex agreements

8. Assignment: Rights and restrictions on assignment of indemnification obligations, included when transfer rights are important

Suggested Schedules

1. Schedule A - Scope of Indemnified Activities: Detailed list or description of activities, operations, or circumstances covered by the indemnification

2. Schedule B - Excluded Claims: Specific list of claims or circumstances excluded from the indemnification scope

3. Schedule C - Insurance Requirements: Detailed insurance requirements including types, amounts, and specific coverage provisions

4. Appendix 1 - Notice Requirements: Detailed procedures and contact information for claim notifications

5. Appendix 2 - Claim Handling Procedures: Step-by-step procedures for handling and processing indemnification claims

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

Construction

Real Estate

Manufacturing

Professional Services

Events and Entertainment

Technology

Healthcare

Transportation and Logistics

Energy

Financial Services

Insurance

Retail

Education

Sports and Recreation

Industrial Services

Relevant Teams

Legal

Risk Management

Compliance

Operations

Finance

Commercial

Procurement

Project Management

Business Development

Insurance

Contracts Administration

Executive Leadership

Facility Management

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Contract Manager

Chief Legal Officer

Business Development Manager

Project Manager

Operations Director

Chief Financial Officer

Insurance Manager

Commercial Director

Chief Executive Officer

Procurement Manager

Facility Manager

Construction 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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