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Subcontractor Indemnification Agreement
"Need a Subcontractor Indemnification Agreement for a high-risk construction project in Western Australia, with particular focus on workplace safety and environmental protection, to be used with multiple subcontractors starting March 2025."
1. Parties: Identifies and provides full legal details of the Principal Contractor and Subcontractor
2. Background: Contextual information about the primary contract, project, and reason for the indemnification agreement
3. Definitions: Defines key terms used throughout the agreement, including 'Indemnified Parties', 'Claims', 'Losses', and 'Services'
4. Scope of Indemnification: Details the specific circumstances, events, and losses covered by the indemnification
5. Subcontractor Obligations: Outlines the subcontractor's duties, including maintenance of insurance, safety compliance, and reporting requirements
6. Insurance Requirements: Specifies required insurance types, coverage amounts, and policy requirements
7. Notice and Claims Procedure: Process for notifying parties of claims and procedures for handling indemnification claims
8. Duration and Survival: Specifies how long the indemnification obligations remain in effect, including post-completion obligations
9. Limitation of Liability: Any caps or exclusions to the indemnification obligations
10. Dispute Resolution: Procedures for resolving disputes related to the indemnification obligations
11. Governing Law: Specifies that Australian law governs the agreement and identifies applicable jurisdiction
12. Execution: Formal signing section with execution blocks for all parties
1. Cross-Indemnification: Include when principal contractor also provides certain indemnities to subcontractor
2. Environmental Indemnification: Add for projects with significant environmental risks or compliance requirements
3. Intellectual Property Indemnification: Include when subcontractor's work involves creation or use of intellectual property
4. Workers Compensation Confirmation: Add for high-risk work environments or when subcontractor has many employees
5. Security Requirements: Include when additional security such as bank guarantees or performance bonds are required
6. Confidentiality Obligations: Add when subcontractor will have access to sensitive information
7. Force Majeure: Include when certain events should be excluded from indemnification obligations
8. Step-In Rights: Add when principal contractor needs right to take over subcontractor's obligations
1. Schedule 1 - Insurance Requirements: Detailed specification of required insurance policies, coverage amounts, and conditions
2. Schedule 2 - Scope of Works: Detailed description of subcontractor's works or services covered by the indemnification
3. Schedule 3 - Excluded Claims: List of specific exclusions from the indemnification obligations
4. Schedule 4 - Key Personnel: List of key subcontractor personnel responsible for compliance with the agreement
5. Appendix A - Incident Reporting Form: Standard form for reporting incidents that may lead to claims
6. Appendix B - Claims Procedure: Detailed procedure for processing and managing indemnification claims
7. Appendix C - Insurance Certificates: Copies of current insurance certificates and policies
8. Appendix D - Safety Management Plan: Subcontractor's safety management procedures and compliance documentation
Authors
Applicable Laws
Claim
Commencement Date
Confidential Information
Consequential Loss
Defective Works
Environmental Laws
Force Majeure Event
Governing Law
Gross Negligence
Head Contract
Indemnified Parties
Indemnified Risk
Insurance Policies
Intellectual Property Rights
Liability
Loss
Material Breach
Negligent Act
Notice
Personnel
Principal Contractor
Project
Project Site
Related Bodies Corporate
Required Insurance
Safety Laws
Schedule of Works
Services
Subcontractor
Subcontractor's Equipment
Term
Third Party
Wilful Misconduct
Work Health and Safety Laws
Works
Insurance
Liability
Health and Safety
Environmental Protection
Intellectual Property
Confidentiality
Force Majeure
Dispute Resolution
Termination
Assignment
Notices
Governing Law
Compliance
Warranties
Risk Allocation
Claims Procedure
Performance Standards
Record Keeping
Reporting Requirements
Security
Payment
Waiver
Severability
Entire Agreement
Variation
Time of the Essence
Survival
Construction
Mining
Infrastructure
Engineering
Property Development
Manufacturing
Technology
Energy
Telecommunications
Professional Services
Legal
Risk Management
Operations
Procurement
Commercial
Project Management
Health Safety Environment
Insurance
Compliance
Construction Management
Contract Manager
Risk Manager
Project Manager
Legal Counsel
Commercial Manager
Operations Director
Procurement Manager
Construction Manager
Site Supervisor
Health and Safety Manager
Insurance Manager
Compliance Officer
Chief Operating Officer
General Counsel
Project Director
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