Hold Harmless Indemnity Agreement Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The Hold Harmless Indemnity Agreement is a crucial legal instrument in Malaysian business relationships where risk allocation and protection against potential claims are essential. This document is commonly used when one party needs to be protected from liability arising from specific activities, operations, or relationships. It is particularly relevant in high-risk industries or situations where significant potential liability exists. The agreement must comply with Malaysian contract law, including the Contracts Act 1950 and relevant common law principles. It typically includes detailed provisions on the scope of indemnity, notification requirements, defense obligations, and claim procedures. This type of agreement is essential for businesses seeking to manage their risk exposure while maintaining productive business relationships in Malaysia.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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 Industries

Construction

Real Estate

Manufacturing

Events and Entertainment

Professional Services

Healthcare

Education

Transportation

Energy

Mining

Technology

Retail

Hospitality

Sports and Recreation

Industrial Services

Property Management

Relevant Teams

Legal

Risk Management

Compliance

Operations

Facilities Management

Project Management

Business Development

Corporate Affairs

Health and Safety

Insurance

Procurement

Property Management

Relevant Roles

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

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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