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Mutual Indemnity And Waiver Of Recourse Agreement

Mutual Indemnity And Waiver Of Recourse Agreement Template for Germany

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Key Requirements PROMPT example:

Mutual Indemnity And Waiver Of Recourse Agreement

"I need a Mutual Indemnity and Waiver of Recourse Agreement under German law for a joint construction project between our company and a major subcontractor, with specific focus on equipment damage and personnel injury risks, to be effective from March 1, 2025."

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Document background
This Mutual Indemnity And Waiver Of Recourse Agreement is designed for use in complex business relationships where parties seek to allocate risks and liabilities efficiently while maintaining their commercial relationship. The document is particularly relevant in scenarios involving joint operations, construction projects, or industrial services where multiple parties work together and need clear liability frameworks. Under German law, such agreements must carefully balance contractual freedom with mandatory legal requirements, particularly regarding the validity of liability waivers. The agreement includes comprehensive provisions for mutual indemnification, insurance requirements, and claims procedures, all structured to comply with German civil and commercial law requirements.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and the parties' relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Agreement: Clear delineation of activities and relationships covered by the indemnities and waivers

5. Mutual Indemnities: Detailed provisions of reciprocal indemnification obligations

6. Waiver of Recourse: Express waivers of rights to pursue claims against the other party

7. Insurance Requirements: Mandatory insurance coverage requirements for both parties

8. Claims Procedure: Process for making and handling indemnification claims

9. Term and Termination: Duration of the agreement and termination provisions

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

11. Notices: Requirements for formal communications between parties

12. Entire Agreement: Integration clause and relationship to other agreements

Optional Sections

1. Third Party Rights: Provisions regarding the rights of third parties, used when other entities might be affected by the indemnities

2. Group Company Extensions: Extensions of indemnities to affiliated companies, used for corporate groups

3. Specific Activity Exclusions: Exclusions for particular activities or risks, used when certain risks need to be carved out

4. Alternative Dispute Resolution: Mediation or arbitration provisions, used when parties prefer alternative dispute resolution

5. Language Provisions: Provisions regarding official language versions, used when multiple language versions exist

6. Force Majeure: Provisions for extraordinary events, used when specific force majeure protection is needed

Suggested Schedules

1. Schedule of Insurances: Detailed requirements for insurance types, coverage amounts, and terms

2. Schedule of Affiliated Companies: List of group companies covered by the agreement

3. Schedule of Specific Activities: Detailed description of activities covered by the indemnities and waivers

4. Form of Claim Notice: Template for submitting indemnification claims

5. Schedule of Excluded Claims: Specific types of claims excluded from the indemnities and waivers

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Construction

Manufacturing

Energy

Oil & Gas

Infrastructure

Transportation

Industrial Services

Mining

Engineering

Renewable Energy

Maritime

Aviation

Relevant Teams

Legal

Risk Management

Operations

Commercial

Procurement

Compliance

Insurance

Project Management

Business Development

Contract Administration

Relevant Roles

Legal Counsel

Risk Manager

Contract Manager

Project Manager

Operations Director

Commercial Director

Insurance Manager

Compliance Officer

Chief Legal Officer

Business Development Manager

Construction Manager

Site Manager

Procurement Manager

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): The primary source of civil law in Germany, particularly Sections 241-432 on contractual obligations and Sections 305-310 on general terms and conditions.
German Commercial Code (Handelsgesetzbuch - HGB): Governs commercial relationships and transactions between businesses, including provisions on commercial contracts and liability.
German Insurance Contract Act (Versicherungsvertragsgesetz - VVG): Regulates insurance contracts and may affect the enforceability of indemnification provisions and insurance requirements.
Product Liability Act (Produkthaftungsgesetz - ProdHaftG): Relevant for agreements involving products or services, as it establishes mandatory liability rules that cannot be waived.
EU Rome I Regulation (593/2008): Governs the choice of law in contractual obligations, relevant for international aspects of the agreement.
German Act on Standard Business Terms (AGB-Recht, part of BGB): Specifically regulates standard terms in contracts, including restrictions on liability limitations and waivers.
German Liability Law (Haftungsrecht): General principles of liability law that affect the validity and enforceability of liability waivers and indemnification provisions.
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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