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Hold Harmless And Indemnity Agreement
"I need a Hold Harmless and Indemnity Agreement for my construction company (BuildRight Contractors Ltd) to protect us from liability when subcontractors work on our residential development projects in Cape Town, with the agreement to be effective from March 2025."
1. Parties: Identification of the indemnifier and indemnitee, including full legal names, registration numbers for companies, and physical addresses
2. Background: Context of the agreement, relationship between parties, and general purpose of the indemnification
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Indemnified Events', 'Losses', and 'Claims'
4. Scope of Indemnity: Detailed description of what risks, activities, or circumstances are covered by the indemnification
5. Indemnification Obligations: Specific obligations of the indemnifier, including financial responsibilities and duty to defend
6. Duration: Period during which the indemnity remains valid and any survival provisions
7. Claims Procedure: Process for notifying and handling claims, including timeframes and required documentation
8. Limitations of Liability: Any caps on liability and exclusions from the indemnity coverage
9. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement clause
1. Insurance Requirements: Details of required insurance coverage to support the indemnity, used when specific insurance policies must be maintained
2. Third Party Rights: Provisions regarding the rights of third parties under the agreement, used when third party beneficiaries are involved
3. Contribution and Subrogation: Rights of contribution between parties and subrogation rights, used in complex multi-party arrangements
4. Specific Exclusions: Detailed list of excluded events or circumstances, used when certain risks need to be explicitly carved out
5. Security Provisions: Requirements for security or collateral to support the indemnity, used in high-value or high-risk situations
6. Alternative Dispute Resolution: Mediation or arbitration procedures, used when parties prefer alternative dispute resolution to litigation
1. Schedule A - Indemnified Activities: Detailed list of specific activities, operations, or circumstances covered by the indemnity
2. Schedule B - Excluded Events: Comprehensive list of specifically excluded events or circumstances
3. Schedule C - Claims Procedure: Detailed procedure for making and processing claims, including required forms and documentation
4. Appendix 1 - Insurance Requirements: Specific insurance requirements including types of coverage, minimum limits, and required endorsements
5. Appendix 2 - Contact Information: List of key contacts and their details for claim notifications and correspondence
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Construction Manager
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