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Release Indemnification And Hold Harmless Agreement

Release Indemnification And Hold Harmless Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Release Indemnification And Hold Harmless Agreement

"I need a Release Indemnification and Hold Harmless Agreement for a construction project in Dubai, UAE, where my company will be the main contractor working with three subcontractors on a commercial building development starting March 2025."

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Document background
The Release Indemnification And Hold Harmless Agreement is a critical risk management tool used in the United Arab Emirates business environment. It is commonly employed when parties need to allocate risk and establish clear liability boundaries in business transactions, projects, or activities. This document is particularly relevant in situations involving potential risks or liabilities, such as construction projects, business sales, or service provisions. The agreement must be structured to comply with UAE Civil Code requirements and local commercial practices, ensuring enforceability while respecting UAE public policy limitations on liability exclusions. It provides a comprehensive framework for risk transfer, including both passive (release) and active (indemnification) obligations, making it essential for complex business transactions in the UAE market.
Suggested Sections

1. Parties: Identification of the Releasor/Indemnitor and Releasee/Indemnitee with full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and circumstances necessitating the release and indemnification

3. Definitions: Key terms including 'Claims', 'Losses', 'Indemnified Parties', and specific activities or circumstances covered

4. Release: Specific details of what claims, rights, and causes of action are being released

5. Indemnification: Scope of indemnification obligation, including what losses are covered and under what circumstances

6. Hold Harmless: Agreement to protect and defend the released party against third-party claims

7. Exceptions and Limitations: Specific exclusions from the release and indemnification, particularly those required by UAE law

8. Duration: Time period for which the release and indemnification obligations remain effective

9. Governing Law and Jurisdiction: Specification of UAE law as governing law and designation of appropriate UAE courts

10. Execution: Signature blocks and execution requirements compliant with UAE law

Optional Sections

1. Insurance Requirements: Required when the indemnifying party needs to maintain specific insurance coverage

2. Consideration: Include when there is specific payment or consideration for the release and indemnification

3. Notice Requirements: Include when specific procedures for claim notification need to be established

4. Survival: Include when certain obligations need to survive the termination of a related agreement

5. Assignment: Include when transfer of rights under the agreement needs to be addressed

6. Severability: Include when there's a need to ensure partial invalidity doesn't void the entire agreement

7. Arabic Translation: Include when the agreement needs to be bilingual, with provisions about controlling language

Suggested Schedules

1. Schedule A - Specific Released Claims: Detailed list of specific claims, incidents, or circumstances being released

2. Schedule B - Indemnified Parties: List of additional parties covered by the indemnification beyond the primary releasee

3. Schedule C - Insurance Requirements: Detailed insurance requirements including types of coverage and minimum limits

4. Appendix 1 - Related Agreements: List of any related agreements referenced in the main agreement

5. Appendix 2 - Specific Activities: Detailed description of activities or operations covered by the release and indemnification

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Construction

Real Estate Development

Oil & Gas

Manufacturing

Professional Services

Healthcare

Technology

Transportation & Logistics

Financial Services

Event Management

Sports & Recreation

Education

Hospitality

Relevant Teams

Legal

Risk Management

Compliance

Operations

Finance

Commercial

Corporate Governance

Business Development

Health and Safety

Project Management

Insurance

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Contract Manager

Project Manager

Chief Legal Officer

Business Development Manager

Operations Director

Chief Financial Officer

Insurance Manager

Company Secretary

General Manager

CEO

Commercial Director

Health and Safety Manager

Industries
UAE Civil Code (Federal Law No. 5 of 1985): Primary legislation governing civil transactions, contracts, and obligations. Articles 246-249 cover good faith in contract execution, Articles 282-298 address civil liability, and Articles 386-397 deal with contractual conditions.
UAE Commercial Transactions Law (Federal Law No. 18 of 1993): Governs commercial transactions and business relationships. Relevant for commercial aspects of indemnification agreements between business entities.
UAE Public Policy Provisions: Restrictions on what rights and liabilities can be waived under UAE law. Some liabilities cannot be excluded by contract, particularly those involving fraud, gross negligence, or willful misconduct.
UAE Contract Law Principles: General principles of contract formation, validity, and enforcement under UAE law, including requirements for consideration and mutual consent.
UAE Federal Law No. 15 of 2020 on Consumer Protection: If the agreement involves consumers, this law's provisions regarding unfair contract terms and consumer rights must be considered.
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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