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Hold Harmless Indemnity Agreement
"I need a Hold Harmless Indemnity Agreement for my construction company as the indemnified party, protecting us from liability related to subcontractor activities on our commercial building project in Kuala Lumpur starting March 2025."
1. Parties: Identifies and defines the Indemnitor (party providing indemnity) and Indemnitee (party being indemnified), including full legal names and addresses
2. Background: Explains the context and purpose of the agreement, including the relationship between parties and the activities being indemnified
3. Definitions: Defines key terms used throughout the agreement, including 'Indemnified Events', 'Losses', and 'Claims'
4. Scope of Indemnity: Details the specific activities, risks, or circumstances covered by the indemnification
5. Indemnification Obligations: Specifies the exact obligations of the Indemnitor, including financial responsibilities and duty to defend
6. Duration: Establishes the term of the agreement and any survival provisions
7. Notice Requirements: Outlines procedures for notifying parties of claims or potential claims
8. Defense and Settlement: Describes the process for defending against claims and settling disputes
9. Limitations of Liability: Specifies any caps or exclusions to the indemnity obligation
10. Governing Law and Jurisdiction: Establishes Malaysian law as governing law and specifies jurisdiction for dispute resolution
11. Entire Agreement: Confirms that the document represents the complete agreement between parties
12. Execution: Signature blocks and execution requirements
1. Insurance Requirements: Specifies insurance obligations of the Indemnitor, used when specific insurance coverage is required to back the indemnity
2. Third Party Rights: Addresses rights of third parties under the agreement, used when third parties might be affected by the indemnity
3. Severability: Ensures remainder of agreement stays valid if parts are found unenforceable, used in complex agreements
4. Force Majeure: Addresses extraordinary events affecting performance, used when long-term obligations are involved
5. Confidentiality: Protects sensitive information shared during claims process, used when confidential information may be involved
6. Assignment: Controls ability to transfer rights/obligations, used when assignment rights need to be restricted
1. Schedule A - Indemnified Activities: Detailed list of specific activities, operations, or circumstances covered by the indemnity
2. Schedule B - Excluded Events: List of specific exclusions from the indemnity coverage
3. Schedule C - Claims Procedures: Detailed procedures for handling claims and notification requirements
4. Appendix 1 - Insurance Requirements: Specific insurance requirements including types of coverage and minimum limits
5. Appendix 2 - Contact Information: List of key contacts and their details for notice requirements and claims handling
Authors
Definitions
Interpretation
Indemnification
Scope of Indemnity
Duration
Notice Requirements
Claims Procedure
Defense and Settlement
Payment Obligations
Insurance
Representations and Warranties
Limitation of Liability
Force Majeure
Confidentiality
Assignment
Severability
Waiver
Amendment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Counterparts
Construction
Real Estate
Manufacturing
Events and Entertainment
Professional Services
Healthcare
Education
Transportation
Energy
Mining
Technology
Retail
Hospitality
Sports and Recreation
Industrial Services
Property Management
Legal
Risk Management
Compliance
Operations
Facilities Management
Project Management
Business Development
Corporate Affairs
Health and Safety
Insurance
Procurement
Property Management
Legal Counsel
Risk Manager
Contract Administrator
Project Manager
Operations Director
Facility Manager
Business Development Manager
Compliance Officer
Property Manager
Construction Manager
Event Coordinator
Safety Officer
Insurance Manager
Corporate Secretary
Chief Legal Officer
Chief Risk Officer
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