Hold Harmless Agreement (Real Estate) Template for India

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Key Requirements PROMPT example:

Hold Harmless Agreement (Real Estate)

"I need a Hold Harmless Agreement (Real Estate) for my commercial property development project in Mumbai, which will involve multiple contractors working on site renovations starting March 2025; the agreement should specifically address construction-related risks and potential third-party claims."

Document background
The Hold Harmless Agreement (Real Estate) is essential in Indian real estate transactions where one party seeks to protect itself against potential claims, liabilities, or losses arising from property-related activities. This document is commonly used in property sales, development projects, leasing arrangements, or when engaging contractors for property-related work. The agreement must comply with Indian contract law, particularly the Indian Contract Act, 1872, and real estate regulations. It typically includes detailed property descriptions, specific indemnification terms, duration of protection, and dispute resolution mechanisms. The document is crucial for risk management in real estate dealings and can be customized based on the specific nature of the property transaction or relationship between the parties.
Suggested Sections

1. Parties: Identification of the Indemnifier and Indemnitee with full legal names and addresses

2. Background: Context of the agreement, including the property transaction or relationship giving rise to the need for indemnification

3. Definitions: Key terms used in the agreement including 'Property', 'Losses', 'Claims', 'Indemnified Parties', etc.

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

5. Property Details: Specific identification and description of the property involved

6. Indemnification Obligations: Specific obligations of the indemnifier, including timing and extent of protection

7. Duration: Period for which the hold harmless protection remains valid

8. Notice Requirements: Procedures for notifying parties of claims or potential claims

9. Governing Law and Jurisdiction: Specification of Indian law as governing law and relevant jurisdiction

10. Dispute Resolution: Process for resolving disputes between parties

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Insurance Requirements: Details of required insurance coverage to support the indemnification, used when specific insurance policies are required

2. Third Party Rights: Provisions regarding rights of third parties, used when other parties might have interests in the property

3. Multiple Properties: Additional provisions for cases involving multiple properties or locations

4. Survival Clause: Specification of which provisions survive termination, used in complex transactions

5. Assignment: Rights and restrictions regarding assignment of the agreement, used when transfer rights need to be addressed

6. Force Majeure: Provisions for unforeseen circumstances, used when long-term indemnification is involved

7. Severability: Clause ensuring remaining provisions stay valid if some are found unenforceable

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property, including boundaries, title details, and registration information

2. Schedule B - Specific Indemnified Matters: Detailed list of specific risks, claims, or matters covered by the indemnification

3. Schedule C - Excluded Claims: List of specific claims or matters excluded from the indemnification

4. Appendix 1 - Required Notices: Forms and formats for required notices under the agreement

5. Appendix 2 - Insurance Requirements: Detailed insurance specifications if required by the 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
Relevant Industries

Real Estate

Construction

Property Development

Property Management

Real Estate Investment

Facilities Management

Commercial Property

Residential Property

Industrial Property

Hospitality

Retail Property

Infrastructure Development

Relevant Teams

Legal

Real Estate Operations

Risk Management

Compliance

Property Management

Asset Management

Facilities Management

Contract Administration

Real Estate Development

Investment Operations

Relevant Roles

Real Estate Manager

Property Development Director

Legal Counsel

Risk Management Officer

Contract Manager

Property Manager

Real Estate Agent

Facilities Manager

Asset Manager

Investment Manager

Compliance Officer

Real Estate Operations Director

Property Acquisition Manager

Real Estate Legal Advisor

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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