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Mutual Hold Harmless Agreement
"I need a Mutual Hold Harmless Agreement for a construction joint venture in Hong Kong between my company and a Chinese contractor, where both parties will be sharing equipment and personnel on the same site starting March 2025."
1. Parties: Identifies and defines all parties to the agreement with their full legal names and addresses
2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties and their intentions
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Mutual Hold Harmless Obligations: Details the core mutual indemnification commitments and obligations of each party
5. Scope of Indemnification: Clearly defines what is and isn't covered under the hold harmless provisions
6. Duration: Specifies the term of the agreement and any survival provisions
7. Claims Procedure: Outlines the process for making and responding to indemnification claims
8. Insurance Requirements: Specifies required insurance coverage to support the indemnification obligations
9. Limitations of Liability: Sets out any caps or exclusions to the indemnification obligations
10. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and establishes jurisdiction for disputes
11. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Specific Industry Compliance: Include when the agreement relates to regulated industries requiring specific compliance provisions
2. Environmental Indemnification: Include when activities covered by the agreement may have environmental implications
3. Intellectual Property: Include when the activities involve IP rights or potential IP issues
4. Confidentiality: Include when parties need to share sensitive information in connection with the indemnified activities
5. Force Majeure: Include when parties want to address how extraordinary events affect indemnification obligations
6. Alternative Dispute Resolution: Include when parties prefer mediation or arbitration before litigation
1. Schedule 1 - Specified Activities: Detailed list of activities covered by the hold harmless provisions
2. Schedule 2 - Insurance Requirements: Detailed specifications of required insurance coverage, limits, and terms
3. Schedule 3 - Claims Processing Procedures: Detailed procedures for handling claims, including timelines and documentation requirements
4. Appendix A - Contact Information: List of key contacts for notices and claims processing
5. Appendix B - Form of Notice: Standard template for providing notice of claims under the agreement
Authors
Agreement
Claim
Commencement Date
Confidential Information
Consequential Loss
Contract Area
Direct Loss
Effective Date
Group
Hold Harmless
Indemnified Party
Indemnifying Party
Insurer
Liability
Loss
Material Breach
Negligence
Operations
Party/Parties
Personnel
Project
Related Company
Representatives
Services
Specified Activities
Subcontractor
Term
Third Party
Wilful Misconduct
Working Day
Work Product
Force Majeure Event
Insurance Policy
Intellectual Property Rights
Notice
Permitted Purpose
Risk
Scope of Work
Territory
Definitions
Mutual Indemnification
Hold Harmless Obligations
Insurance Requirements
Claims Procedure
Scope of Protection
Duration and Termination
Liability Limitations
Force Majeure
Confidentiality
Notice Requirements
Dispute Resolution
Governing Law
Jurisdiction
Assignment
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Costs and Expenses
Compliance with Laws
Representations and Warranties
Survival
Cooperation
Risk Allocation
Insurance Coverage
Claims Notification
Defense of Claims
Subrogation
Recovery of Losses
Alternative Dispute Resolution
Relationship of Parties
Construction
Oil and Gas
Manufacturing
Maritime and Shipping
Real Estate Development
Infrastructure
Technology Services
Professional Services
Healthcare
Engineering
Mining
Transportation and Logistics
Energy
Telecommunications
Legal
Risk Management
Operations
Commercial
Procurement
Compliance
Insurance
Project Management
Business Development
Health and Safety
Executive Leadership
Contract Administration
Legal Counsel
Risk Manager
Contract Manager
Project Manager
Operations Director
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Commercial Director
Compliance Officer
Insurance Manager
Business Development Manager
Procurement Manager
General Manager
Health and Safety Manager
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