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Release Indemnification And Hold Harmless Agreement
"I need a Release Indemnification and Hold Harmless Agreement for my construction company in Auckland, which will be acting as a subcontractor on a major commercial building project starting March 2025, where we need to indemnify the main contractor and property owner against any claims arising from our work."
1. Parties: Identifies and defines all parties to the agreement, including the indemnifying party (releasor) and the party being indemnified (releasee)
2. Background: Provides context for the agreement, describes the relationship between the parties, and outlines the circumstances necessitating the release and indemnification
3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Losses', 'Indemnified Parties', and other relevant terms
4. Release: Details the specific claims, rights, and causes of action being released by the releasor
5. Indemnification: Specifies the scope of indemnification, including what types of claims, losses, and damages are covered
6. Hold Harmless: Contains the hold harmless provisions, detailing the obligation to protect the releasee from claims and losses
7. Consideration: Specifies the consideration being provided in exchange for the release and indemnification
8. Representations and Warranties: Contains statements of fact and promises made by the parties regarding their capacity and authority to enter into the agreement
9. Duration: Specifies how long the release and indemnification obligations remain in effect
10. General Provisions: Standard boilerplate clauses including governing law, entire agreement, severability, and amendment provisions
1. Insurance Requirements: Used when one party is required to maintain specific insurance coverage to support their indemnification obligations
2. Exclusions: Added when certain types of claims or losses need to be specifically excluded from the scope of the release and indemnification
3. Third Party Rights: Included when the release and indemnification are intended to benefit specific third parties
4. Dispute Resolution: Added when parties want to specify particular dispute resolution procedures or arbitration requirements
5. Confidentiality: Included when the circumstances surrounding the release and indemnification need to remain confidential
6. Survival: Used when certain provisions need to survive the termination or expiration of the agreement
7. Step-In Rights: Added when one party needs the right to take over certain obligations or defenses in the event of a claim
1. Schedule of Released Claims: Detailed list of specific claims, causes of action, or rights being released
2. Schedule of Indemnified Activities: List of specific activities, operations, or circumstances covered by the indemnification
3. Schedule of Excluded Claims: List of specific claims or circumstances excluded from the release and indemnification
4. Insurance Requirements Schedule: Detailed specifications of required insurance coverage, including types, amounts, and terms
5. Schedule of Indemnified Parties: List of additional parties (beyond the primary releasee) who are covered by the indemnification
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