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Indemnity Contract
"I need an Indemnity Contract for my construction company to protect against subcontractor-related risks and third-party claims, with specific provisions for workplace safety incidents and property damage, to be effective from March 1, 2025."
1. Parties: Identifies and defines the indemnifier(s) and indemnified party(ies)
2. Background: Explains the context and purpose of the indemnity arrangement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Scope of Indemnity: Clearly defines what losses, damages, or liabilities are covered by the indemnity
5. Trigger Events: Specifies the circumstances or events that activate the indemnity obligations
6. Exclusions and Limitations: Details specific exclusions from the indemnity coverage and any limitations on liability
7. Claims Procedure: Sets out the process for making and handling indemnity claims
8. Payment Terms: Specifies timing and method of indemnity payments
9. Duration and Termination: Establishes the term of the indemnity and circumstances for termination
10. Notices: Details how formal communications between parties should be made
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Security: Required when the indemnifier must provide security for their obligations
2. Insurance Requirements: Included when specific insurance coverage is required to back the indemnity
3. Multiple Indemnifiers: Required when there are multiple parties providing the indemnity to address joint and several liability
4. Third Party Rights: Needed when the indemnity benefits extend to third parties
5. Subrogation Rights: Include when the indemnifier has rights to pursue third parties after paying an indemnity
6. Dispute Resolution: Optional detailed dispute resolution procedures beyond court jurisdiction
7. Confidentiality: Required when the arrangement involves sensitive information
1. Schedule 1 - Defined Terms: Comprehensive list of defined terms and their meanings
2. Schedule 2 - Indemnified Events: Detailed listing of specific events or circumstances covered by the indemnity
3. Schedule 3 - Claims Procedures: Detailed procedures for claim notification, assessment, and payment
4. Schedule 4 - Security Details: Details of any security provided, including form and amount
5. Schedule 5 - Insurance Requirements: Specific insurance requirements including types, amounts, and conditions
6. Appendix A - Notice Details: Contact information and addresses for formal notices
7. Appendix B - Claim Forms: Standard forms for making indemnity claims
Authors
Business Day
Claim
Commencement Date
Confidential Information
Consequential Loss
Control
Corporations Act
Direct Loss
Effective Date
Excluded Loss
Force Majeure Event
GST
Indemnified Amount
Indemnified Event
Indemnified Liability
Indemnified Loss
Indemnified Party
Indemnifier
Insolvency Event
Law
Liability
Loss
Material Adverse Effect
Notice
Payment Date
Related Body Corporate
Representative
Security
Security Interest
Specified Event
Term
Third Party
Third Party Claim
Trigger Event
Definitions
Scope of Indemnity
Grant of Indemnity
Exclusions from Indemnity
Claims Procedure
Payment Terms
Security
Insurance Requirements
Representations and Warranties
Confidentiality
Notices
Force Majeure
Assignment
Termination
Dispute Resolution
Governing Law
Jurisdiction
Limitation of Liability
Subrogation Rights
Third Party Rights
Costs and Expenses
GST
Entire Agreement
Severability
Waiver
Amendment
Counterparts
Further Assurance
Time of Essence
Construction
Mining
Manufacturing
Financial Services
Technology
Healthcare
Professional Services
Transportation and Logistics
Energy and Utilities
Real Estate and Property Development
Insurance
Retail and Consumer Goods
Legal
Risk Management
Compliance
Finance
Operations
Commercial
Procurement
Insurance
Corporate Governance
Business Development
Legal Counsel
Risk Manager
Compliance Officer
Contract Manager
Chief Financial Officer
Chief Legal Officer
Project Manager
Commercial Director
Operations Manager
Insurance Manager
Corporate Secretary
Business Development Manager
Procurement Manager
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