Mutual Hold Harmless Agreement Template for Ireland

This Mutual Hold Harmless Agreement template is specifically designed for use under Irish law when two parties wish to establish reciprocal indemnification obligations. It is particularly valuable in situations where parties are collaborating on projects or sharing operational spaces and need to clearly define risk allocation. The document includes comprehensive indemnification provisions, notice requirements, and claim procedures, all structured to comply with Irish legislation including the Civil Liability Act 1961 and relevant common law principles. This agreement type is commonly used in construction, energy, and professional services sectors, where multiple parties work together and need to protect themselves against potential claims arising from their respective activities. The agreement can be customized to include specific insurance requirements, liability caps, and detailed schedules describing covered activities.

1. Parties: Identifies and defines the parties entering into the agreement, including their legal names, addresses, and any relevant corporate details

2. Background: Explains the context and purpose of the agreement, including the relationship between the parties and why they are entering into a mutual hold harmless arrangement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Mutual Indemnification: Details the reciprocal indemnification obligations of each party, clearly stating what risks and liabilities each party assumes

5. Scope of Indemnification: Defines the specific activities, timeframes, and circumstances covered by the mutual hold harmless provisions

6. Exclusions: Specifies what is not covered by the indemnification provisions, such as gross negligence or willful misconduct

7. Notice Requirements: Sets out the procedures and timeframes for notifying the other party of any claims or circumstances that might trigger the indemnification provisions

8. Defense of Claims: Establishes procedures for defending against third-party claims and coordinating between the parties

9. Term and Termination: Specifies how long the agreement remains in effect and how it can be terminated

10. Governing Law and Jurisdiction: Establishes that Irish law governs the agreement and specifies the courts having jurisdiction over disputes

11. General Provisions: Standard contractual provisions including entire agreement, amendments, severability, and counterparts