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Hold And Harmless Agreement

Hold And Harmless Agreement Template for Nigeria

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Key Requirements PROMPT example:

Hold And Harmless Agreement

"I need a Hold Harmless Agreement for my construction company in Lagos, Nigeria, to protect us from liability when allowing subcontractors to use our heavy machinery on project sites starting March 2025."

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Document background
Hold And Harmless Agreements are essential risk management tools in Nigerian business operations, commonly used when activities or relationships between parties involve potential risks or liabilities. These agreements are particularly relevant in scenarios where one party wishes to be protected from potential claims arising from specified activities, services, or circumstances. Under Nigerian law, these agreements must comply with federal and state contract laws, including the Nigerian Contract Act and relevant common law principles. The document typically includes detailed provisions about the scope of indemnification, procedures for handling claims, defense obligations, and specific exclusions. It's crucial in industries with significant operational risks and is often required for business relationships, construction projects, professional services, and various commercial activities. The agreement should be carefully drafted to ensure enforceability within the Nigerian legal system while providing clear and comprehensive protection for the parties involved.
Suggested Sections

1. Parties: Identification and details of the Indemnitor (party providing indemnification) and Indemnitee (party being indemnified)

2. Background: Context of the agreement, relationship between parties, and purpose of the indemnification

3. Definitions: Definitions of key terms used throughout the agreement, including 'Indemnification', 'Claims', 'Losses', etc.

4. Scope of Indemnification: Detailed description of what risks, activities, or circumstances are covered by the indemnification

5. Indemnification Obligations: Specific obligations of the Indemnitor, including defense, payment, and hold harmless provisions

6. Duration: Period during which the indemnification remains effective

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

8. Defense and Settlement: Procedures for defending against claims and requirements for settlement approval

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

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Insurance Requirements: Required when specific insurance coverage needs to be maintained by either party

2. Limitations of Liability: Include when parties agree to cap indemnification amounts or exclude certain types of damages

3. Survival: Added when certain provisions need to survive the termination of the agreement

4. Force Majeure: Include when parties want to address how unforeseen circumstances affect indemnification obligations

5. Assignment: Added when transfer of rights needs to be addressed, particularly in long-term agreements

6. Dispute Resolution: Include when parties want to specify alternative dispute resolution methods before litigation

7. Severability: Added in complex agreements to ensure partial invalidity doesn't void entire agreement

Suggested Schedules

1. Schedule A - Covered Activities: Detailed list of specific activities, operations, or circumstances covered by the indemnification

2. Schedule B - Excluded Claims: List of specific claims or circumstances explicitly excluded from the indemnification

3. Schedule C - Insurance Requirements: Detailed insurance requirements including types, amounts, and specific coverage needed

4. Appendix 1 - Notice Information: Detailed contact information and procedures for claim notifications

5. Appendix 2 - Claim Procedures: Step-by-step procedures for handling and processing claims

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Construction

Real Estate

Manufacturing

Events and Entertainment

Professional Services

Oil and Gas

Healthcare

Transportation and Logistics

Education

Sports and Recreation

Mining

Agriculture

Retail

Relevant Teams

Legal

Risk Management

Compliance

Operations

Facilities Management

Project Management

Contract Administration

Corporate Affairs

Finance

Health and Safety

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Contract Administrator

Project Manager

Operations Director

Facility Manager

Construction Manager

Event Coordinator

Safety Officer

Business Development Manager

Property Manager

Chief Financial Officer

Chief Operating Officer

General Counsel

Corporate Secretary

Industries
Nigerian Contract Act: Fundamental legislation governing contract formation, validity, and enforcement in Nigeria. This covers essential elements like offer, acceptance, consideration, and capacity to contract.
Contract Law of Nigeria: Common law principles adopted into Nigerian law that govern contractual relationships, including principles of privity of contract and terms interpretation.
Nigerian Constitution (1999): Provides fundamental rights and legal framework that may affect the enforceability of hold harmless provisions, particularly regarding public policy and fundamental rights.
Law of Torts: Nigerian tort law principles that govern civil liability and negligence, which are crucial for understanding the scope and limitations of indemnification.
Limitation Law: Legislation governing time limits for bringing legal actions, which affects the duration and enforcement of hold harmless provisions.
Evidence Act (2011): Governs the admissibility of evidence in Nigerian courts, relevant for dispute resolution and enforcement of the agreement.
Companies and Allied Matters Act (CAMA): If any party is a corporate entity, this act governs their capacity to enter into indemnity agreements and their corporate powers.
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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