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General Indemnity Agreement
"I need a General Indemnity Agreement for a large-scale construction project in Western Australia, where my company is the principal contractor and we need protection against subcontractor claims and site-related incidents, with the agreement to commence from March 2025."
1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the indemnity
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Scope of Indemnity: Clear definition of what losses, damages, or liabilities are covered by the indemnity
5. Indemnity Obligations: Detailed provisions of the indemnifier's obligations and when they arise
6. Claims Procedure: Process for making and handling indemnity claims, including notification requirements
7. Limitations and Exclusions: Specific limitations on the indemnity and excluded events or circumstances
8. Duration: Term of the indemnity agreement and any survival provisions
9. Insurance Requirements: Mandatory insurance coverage requirements for both parties
10. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
11. General Provisions: Standard contract provisions including notices, amendments, and severability
1. Security: Additional security provisions when indemnity obligations need to be secured by specific assets or guarantees
2. Multiple Parties: Additional provisions for agreements involving more than two parties, including joint and several liability
3. Special Conditions: Specific conditions relevant to particular industries or circumstances
4. Step-In Rights: Rights of the indemnified party to take control of claims or proceedings
5. Cross-Indemnities: When mutual indemnities are required between parties
6. Regulatory Compliance: Industry-specific regulatory requirements and compliance obligations
7. Third Party Rights: Provisions relating to third party beneficiaries of the indemnity
1. Schedule 1 - Indemnified Events: Detailed list of specific events, activities, or circumstances covered by the indemnity
2. Schedule 2 - Claims Procedures: Detailed procedures for claim notification, processing, and resolution
3. Schedule 3 - Insurance Requirements: Specific insurance types, coverage amounts, and provider requirements
4. Schedule 4 - Security Details: Details of any security provided to support the indemnity obligations
5. Appendix A - Notice Requirements: Forms and procedures for giving notices under the agreement
6. Appendix B - Claim Forms: Standard forms for making indemnity claims
Authors
Business Day
Claim
Commencement Date
Consequential Loss
Control
Default
Default Rate
Dispute
Effective Date
Event of Default
Expiry Date
Force Majeure Event
GST
Guarantee
Indemnified Amount
Indemnified Party
Indemnifier
Indemnified Matters
Insolvency Event
Insurance Policies
Interest Rate
Law
Liability
Loss
Material Adverse Effect
Notice
Parties
Payment Date
Permitted Purpose
Related Body Corporate
Related Entity
Representative
Security
Security Interest
Specified Events
Term
Third Party Claim
Trigger Event
Warranties
Definitions
Grant of Indemnity
Scope of Indemnity
Exclusions
Claims Procedure
Payment Obligations
Security
Insurance Requirements
Representations and Warranties
Limitation of Liability
Force Majeure
Confidentiality
Notices
Assignment
Subcontracting
Dispute Resolution
Governing Law
Jurisdiction
Severability
Entire Agreement
Amendment
Waiver
Costs and Expenses
GST
Time of the Essence
Further Assurance
Counterparts
Electronic Execution
Termination
Survival
Third Party Rights
Relationship of Parties
Construction and Infrastructure
Financial Services
Mining and Resources
Manufacturing
Technology and Software
Professional Services
Healthcare
Real Estate and Property
Transport and Logistics
Energy and Utilities
Retail and Consumer Goods
Agriculture
Legal
Risk Management
Finance
Compliance
Operations
Commercial
Insurance
Corporate Affairs
Project Management
Business Development
Chief Legal Officer
General Counsel
Legal Counsel
Risk Manager
Commercial Manager
Contract Manager
Chief Financial Officer
Chief Operations Officer
Compliance Officer
Project Manager
Business Development Manager
Insurance Manager
Corporate Secretary
Finance Director
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