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Deductible Indemnity Agreement
"Need a Deductible Indemnity Agreement for our construction company acting as indemnitor to a property developer, with a CAD 50,000 deductible per claim and specific provisions for environmental damage claims."
1. Parties: Identifies and defines the parties to the agreement - typically the Indemnitor (party providing indemnity) and Indemnitee (party receiving indemnity)
2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties and the basis for the indemnification arrangement
3. Definitions: Defines key terms used throughout the agreement, including 'Deductible Amount', 'Claim', 'Loss', and 'Indemnified Events'
4. Indemnification Obligations: Details the scope and nature of the indemnification provided, including covered events and exclusions
5. Deductible Structure: Specifies the deductible amount(s) and how they apply to different types of claims
6. Claims Process: Outlines the procedure for making and handling claims, including notification requirements and timing
7. Payment Terms: Describes when and how payments should be made, including handling of the deductible portion
8. Representations and Warranties: States the parties' representations regarding their authority and capacity to enter into the agreement
9. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated
10. General Provisions: Standard contract clauses including governing law, notices, assignment, and amendments
1. Multiple Deductible Tiers: Used when different deductible amounts apply to different types of claims or loss categories
2. Aggregate Limits: Include when there are caps on total indemnification amounts or aggregate deductible limits
3. Security Provisions: Required when collateral or security is provided to guarantee the indemnification obligations
4. Insurance Requirements: Include when specific insurance coverage must be maintained by either party
5. Dispute Resolution: Optional detailed procedures for handling disputes, including mediation or arbitration requirements
6. Third Party Claims: Include when the agreement needs to address claims involving third parties specifically
7. Subrogation Rights: Used when specifying rights to pursue claims against third parties
8. Currency Provisions: Include for cross-border agreements involving multiple currencies
1. Schedule A - Deductible Amounts: Details the specific deductible amounts and any variations based on claim type
2. Schedule B - Claim Form Template: Standard form for submitting claims under the agreement
3. Schedule C - Covered Events: Detailed list of events or circumstances covered by the indemnification
4. Schedule D - Claims Handling Procedures: Detailed procedures for processing and managing claims
5. Schedule E - Contact Information: List of key contacts and their roles for both parties
6. Appendix 1 - Required Documentation: Lists the documentation required for different types of claims
7. Appendix 2 - Reporting Templates: Standard formats for required periodic reporting under the agreement
Authors
Applicable Law
Business Day
Claim
Claim Notice
Commencement Date
Covered Loss
Deductible Amount
Deductible Period
Direct Loss
Effective Date
Excluded Claims
Force Majeure Event
Governmental Authority
Indemnified Party
Indemnifying Party
Indemnification Period
Indirect Loss
Insurance Policy
Insured Event
Liability
Loss
Material Adverse Effect
Notice
Parties
Per Claim Deductible
Person
Recovery Costs
Related Claims
Representative
Security
Specific Indemnity
Subsidiary
Term
Territory
Third Party
Third Party Claim
Transaction Documents
Deductible
Claims Process
Payment Terms
Representations and Warranties
Conditions Precedent
Notice Requirements
Confidentiality
Force Majeure
Assignment
Governing Law
Dispute Resolution
Term and Termination
Amendment
Waiver
Severability
Entire Agreement
Counterparts
Third Party Rights
Insurance Requirements
Security
Subrogation
Set-off
Currency
Interest
Record Keeping
Reporting Requirements
Compliance with Laws
Further Assurance
Survival
Insurance
Construction
Manufacturing
Professional Services
Energy
Transportation
Healthcare
Real Estate
Financial Services
Technology
Mining
Infrastructure
Legal
Risk Management
Finance
Compliance
Insurance
Treasury
Operations
Corporate Development
Claims Processing
Procurement
Risk Manager
Legal Counsel
Chief Financial Officer
Insurance Manager
Compliance Officer
Contract Manager
Chief Risk Officer
Claims Manager
General Counsel
Corporate Secretary
Business Development Director
Operations Director
Treasury Manager
Financial Controller
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