Indemnification Agreement Form Template for New Zealand

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Key Requirements PROMPT example:

Indemnification Agreement Form

"I need an Indemnification Agreement Form under New Zealand law for my software development company to protect against intellectual property claims when providing services to a major telecommunications client, with specific provisions for cybersecurity incidents and data breaches."

Document background
The Indemnification Agreement Form is a critical legal document used in New Zealand business transactions where one party seeks to protect itself against potential losses or liabilities arising from specific circumstances. This agreement is commonly employed in commercial relationships, construction projects, corporate transactions, and professional service arrangements. The document outlines the scope of indemnification, procedures for making claims, and the obligations of all parties involved. It must comply with New Zealand legal requirements, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant case law. The agreement is particularly important in situations involving significant risk transfer, complex commercial relationships, or regulatory compliance requirements. It provides a framework for risk allocation and dispute resolution while ensuring clear communication channels between parties.
Suggested Sections

1. Parties: Identifies and provides full details of the indemnifier and indemnitee

2. Background: Explains the context and purpose of the indemnification agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Indemnification: Clearly outlines what losses, damages, or liabilities are covered by the indemnification

5. Indemnification Obligations: Details the specific obligations of the indemnifying party

6. Claims Procedure: Establishes the process for making and responding to indemnification claims

7. Notice Requirements: Specifies how and when notices of claims must be given

8. Defense of Claims: Outlines procedures for defending against third-party claims

9. Duration: Specifies how long the indemnification obligations remain in effect

10. Limitations: Sets out any caps or limitations on the indemnification obligation

11. Governing Law: Specifies that New Zealand law governs the agreement

12. Dispute Resolution: Outlines the process for resolving disputes between parties

13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Insurance Requirements: Required when the indemnifying party must maintain specific insurance coverage

2. Third Party Rights: Needed when third parties may have rights under the indemnification

3. Cross-Indemnification: Used when both parties are providing reciprocal indemnification

4. Exclusions: Specific exclusions from the scope of indemnification

5. Survival: Specifies which provisions survive termination of the agreement

6. Security: Required when collateral or security is provided to support the indemnification obligation

7. Assignment: Used when transfer of indemnification rights needs to be addressed specifically

8. Confidentiality: Required when sensitive information may be exchanged in connection with claims

Suggested Schedules

1. Schedule of Specific Indemnified Events: Lists specific events, activities, or circumstances covered by the indemnification

2. Schedule of Excluded Claims: Details specific types of claims that are excluded from the indemnification

3. Schedule of Insurance Requirements: Specifies required insurance types, coverage amounts, and terms

4. Schedule of Notice Information: Contains detailed contact information for notices and claims

5. Appendix A - Claim Form Template: Standard form for submitting indemnification claims

6. Appendix B - Claims Procedures: Detailed procedures for processing and responding to 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

Relevant legal definitions
Clauses
Relevant Industries

Construction

Professional Services

Manufacturing

Technology

Financial Services

Real Estate

Healthcare

Energy

Mining

Transportation

Insurance

Retail

Hospitality

Education

Telecommunications

Relevant Teams

Legal

Finance

Risk Management

Compliance

Operations

Project Management

Commercial

Procurement

Corporate Affairs

Insurance

Business Development

Executive Leadership

Relevant Roles

Legal Counsel

Contract Manager

Risk Manager

Compliance Officer

Chief Financial Officer

Project Manager

Operations Director

Business Development Manager

Commercial Director

Chief Executive Officer

Procurement Manager

General Counsel

Corporate Secretary

Finance Director

Insurance Manager

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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