Mutual Indemnity And Waiver Of Recourse Agreement Template for Ireland

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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 between a construction contractor and subcontractor for a large commercial building project in Dublin, starting March 2025, with specific focus on workplace safety incidents and equipment damage."

Document background
The Mutual Indemnity And Waiver Of Recourse Agreement is essential in commercial relationships where parties need to establish clear risk allocation and liability frameworks. This document is particularly valuable in situations involving multiple stakeholders working on complex projects or operations where the potential for cross-claims exists. It's designed to comply with Irish legal requirements and typically includes comprehensive provisions for mutual indemnities, insurance obligations, and claim procedures. The agreement is commonly used in construction, energy, and infrastructure projects, or any scenario where parties need to manage potential claims against each other while maintaining effective business relationships. It helps prevent costly litigation by establishing clear protocols for handling incidents and claims, while ensuring each party maintains appropriate insurance coverage.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Mutual Indemnities: Details the reciprocal indemnification obligations of each party

5. Waiver of Recourse: Specifies the extent and limitations of the parties' waiver of rights to pursue claims

6. Insurance Requirements: Outlines mandatory insurance coverage requirements for each party

7. Term and Termination: Specifies the duration of the agreement and circumstances for termination

8. Exceptions and Limitations: Defines circumstances where indemnities or waivers don't apply

9. Notice Requirements: Procedures for providing notice of claims or circumstances

10. Governing Law and Jurisdiction: Specifies Irish law as governing law and jurisdiction for disputes

11. Entire Agreement: Standard boilerplate confirming this document represents the complete agreement

12. Severability: Provides for survival of agreement if certain provisions are found invalid

13. Execution: Signature blocks and execution formalities

Optional Sections

1. Third Party Rights: Include when third parties may benefit from or be affected by the indemnities

2. Group Company Extensions: Include when benefits extend to group companies or affiliates

3. Specific Project Provisions: Include when agreement relates to a specific project or venture

4. Currency and Payment Terms: Include when monetary aspects need to be addressed

5. Alternative Dispute Resolution: Include when parties want to specify mediation or arbitration procedures

6. Force Majeure: Include when certain events should suspend or modify indemnity obligations

7. Confidentiality: Include when specific confidentiality provisions are needed beyond standard terms

Suggested Schedules

1. Schedule 1 - Defined Terms: Detailed definitions and interpretations

2. Schedule 2 - Insurance Requirements: Detailed insurance specifications including types, amounts, and conditions

3. Schedule 3 - Covered Activities: Specific activities, operations, or projects covered by the agreement

4. Schedule 4 - Claims Procedures: Detailed procedures for making and handling claims

5. Schedule 5 - Excluded Claims: Specific exclusions from indemnity coverage

6. Appendix A - Notice Forms: Template forms for required notices under the agreement

7. Appendix B - Corporate Authorities: Evidence of corporate authority to enter into agreement

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 legal definitions
Clauses
Relevant Industries

Construction

Energy

Oil and Gas

Manufacturing

Infrastructure

Mining

Maritime

Aviation

Engineering

Technology

Real Estate Development

Utilities

Telecommunications

Industrial Services

Relevant Teams

Legal

Risk Management

Operations

Commercial

Compliance

Insurance

Procurement

Project Management

Corporate Affairs

Finance

Relevant Roles

Legal Counsel

Risk Manager

Contract Manager

Project Manager

Operations Director

Commercial Director

Insurance Manager

Compliance Officer

Chief Legal Officer

Business Development Manager

Corporate Secretary

Chief Financial Officer

Chief Operations Officer

Procurement Manager

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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