Hold And Harmless Agreement Template for Germany

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Key Requirements PROMPT example:

Hold And Harmless Agreement

"I need a Hold Harmless Agreement for my construction company based in Munich, protecting us from liability when subcontractors work on our development sites, with specific coverage for heavy machinery operations and height-related work."

Document background
The Hold Harmless Agreement serves as a critical risk management tool in German business relationships, providing a framework for allocating liability and managing potential risks between parties. It is commonly used in situations where one party wishes to protect itself from liability arising from specific activities, services, or circumstances. The agreement must be carefully structured to comply with German legal requirements, particularly the German Civil Code (BGB) provisions regarding standard business terms and liability limitations. This document typically includes detailed sections covering the scope of indemnification, procedures for handling claims, notice requirements, and specific obligations of both parties. It's essential in various business contexts, from construction projects to service agreements, where clear allocation of risk and liability is crucial for business operations.
Suggested Sections

1. Parties: Identification and details of the indemnitor (party providing indemnification) and indemnitee (party being indemnified)

2. Background: Context of the agreement, relationship between parties, and general purpose of the indemnification

3. Definitions: Key terms used in the agreement, including 'Indemnified Parties', 'Claims', 'Losses', and other relevant definitions

4. Scope of Indemnification: Detailed description of what risks, losses, and claims are covered by the indemnification

5. Indemnification Obligations: Specific obligations of the indemnitor, including timing and process for indemnification

6. Notice Requirements: Procedures and timeframes for notifying the indemnitor of claims

7. Defense of Claims: Process for defending against third-party claims, including control of defense and settlement

8. Limitations and Exclusions: Any limitations on the scope of indemnification and specific exclusions

9. Duration: Term of the indemnification obligations

10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

Optional Sections

1. Insurance Requirements: Requirements for insurance coverage to support indemnification obligations, used when specific insurance is needed

2. Representations and Warranties: Specific statements about facts or promises related to the indemnification, used in complex transactions

3. Cooperation: Detailed procedures for cooperation between parties in handling claims, used in complex situations

4. Survival: Provisions specifying which obligations survive termination, used in long-term relationships

5. Force Majeure: Provisions for extraordinary events affecting performance, used when relevant to the context

6. Subrogation Rights: Rights of the indemnitor to pursue claims against third parties, used in specific liability contexts

7. Severability: Provisions for maintaining validity if parts are found unenforceable, particularly important under German law

Suggested Schedules

1. Schedule of Indemnified Activities: Detailed list of specific activities or operations covered by the indemnification

2. Schedule of Excluded Claims: Specific list of claims or losses explicitly excluded from the indemnification

3. Insurance Requirements Schedule: Detailed insurance requirements including types, amounts, and specific coverage terms

4. Form of Notice: Template for required notices under the agreement

5. Risk Assessment Schedule: Detailed assessment of risks covered by the 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

Relevant Industries

Construction

Real Estate

Manufacturing

Events and Entertainment

Professional Services

Healthcare

Transportation and Logistics

Industrial

Technology

Sports and Recreation

Education

Retail

Energy

Financial Services

Relevant Teams

Legal

Risk Management

Compliance

Operations

Facilities Management

Project Management

Finance

Procurement

Business Development

Health and Safety

Insurance

Corporate Affairs

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Contract Manager

Project Manager

Operations Director

Facility Manager

Property Manager

Business Development Manager

Chief Financial Officer

Chief Legal Officer

Insurance Manager

Safety Coordinator

Procurement Manager

General Counsel

Industries
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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