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Mutual Hold Harmless Agreement
"I need a Mutual Hold Harmless Agreement between my construction company and a subcontractor for a major infrastructure project in Mumbai, with specific focus on workplace safety and equipment damage protection, to be effective from March 2025."
1. Parties: Identifies and provides full legal details of all parties entering into the agreement
2. Background: Explains the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, including 'Indemnification', 'Claims', 'Losses', etc.
4. Mutual Indemnification Obligations: Details the reciprocal obligations of each party to indemnify, defend, and hold harmless the other party
5. Scope of Indemnification: Specifies what types of claims, losses, and damages are covered under the agreement
6. Duration and Survival: Establishes how long the indemnification obligations remain in effect, including any survival provisions after agreement termination
7. Insurance Requirements: Specifies required insurance coverage to support indemnification obligations
8. Notice Requirements: Procedures for notifying the other party of claims and circumstances that might lead to indemnification
9. Claims Handling: Procedures for managing and defending claims, including cooperation between parties
10. General Terms: Standard contractual provisions including governing law, jurisdiction, entire agreement, and amendment procedures
1. Specific Risk Allocations: Used when specific risks need to be allocated differently from the general indemnification scheme
2. Third Party Rights: Include when the indemnification needs to extend to or exclude specific third parties
3. Limitation of Liability: Optional caps or restrictions on the extent of indemnification obligations
4. Alternative Dispute Resolution: Include when parties prefer mediation or arbitration over court proceedings
5. Subrogation Waiver: Used when parties agree to waive rights of subrogation against each other
6. Force Majeure: Include when certain events should excuse performance of indemnification obligations
7. Confidentiality: Add when the agreement involves sharing of confidential information
1. Schedule A - Covered Activities: Detailed list of activities, operations, or services covered by the indemnification
2. Schedule B - Insurance Requirements: Specific details of required insurance policies, coverage limits, and terms
3. Schedule C - Excluded Claims: List of specific claims or circumstances excluded from the indemnification scope
4. Appendix 1 - Notice Forms: Template forms for providing notice of claims or potential claims
5. Appendix 2 - Claims Handling Procedures: Detailed procedures for managing claims and cooperation between parties
Authors
Effective Date
Parties
Affiliate
Associated Company
Claims
Losses
Liabilities
Indemnified Party
Indemnifying Party
Indemnified Group
Force Majeure Event
Consequential Loss
Direct Loss
Insurance Policy
Notice
Personnel
Representatives
Services
Term
Termination Date
Applicable Law
Business Day
Confidential Information
Contract Period
Gross Negligence
Willful Misconduct
Intellectual Property Rights
Work Product
Material Breach
Permitted Purpose
Project
Reasonable Care
Related Party
Subsidiary
Third Party
Working Hours
Jurisdiction
Claim Notice
Dispute
Emergency
Hold Harmless
Insurance Requirements
Notice Requirements
Claims Procedures
Liability Limitations
Duration and Termination
Force Majeure
Governing Law
Dispute Resolution
Confidentiality
Assignment
Severability
Entire Agreement
Amendment
Waiver
Notices
Representation and Warranties
Compliance with Laws
Third Party Rights
Cooperation
Cost Allocation
Subrogation
Survival
Interpretation
Counterparts
Authority
Relationship of Parties
Construction
Oil and Gas
Manufacturing
Information Technology
Real Estate
Healthcare
Transportation and Logistics
Mining
Energy
Infrastructure Development
Professional Services
Research and Development
Legal
Risk Management
Operations
Compliance
Finance
Insurance
Project Management
Business Development
Health and Safety
Procurement
Corporate Affairs
Legal Counsel
Risk Manager
Contract Manager
Project Manager
Operations Director
Chief Financial Officer
Chief Operating Officer
Compliance Officer
Insurance Manager
Business Development Manager
General Manager
Chief Legal Officer
Senior Contract Administrator
Health and Safety Manager
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