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Liability Agreement Contract
"I need a Liability Agreement Contract for my software development company that will be providing cloud services to a healthcare provider, with specific focus on data protection and cybersecurity liability caps of NZD 5 million, to be effective from March 1, 2025."
1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Scope of Liability: Clearly defines what activities, services, or products are covered by the liability provisions
5. Limitation of Liability: Specifies the extent and limitations of liability, including maximum liability amounts and excluded losses
6. Indemnification: Details the circumstances under which one party will indemnify the other
7. Insurance Requirements: Specifies required insurance coverage and minimum policy amounts
8. Claims Process: Outlines the procedure for making and handling liability claims
9. Force Majeure: Addresses circumstances beyond parties' control that may affect liability
10. Dispute Resolution: Sets out the process for resolving disputes between parties
11. Term and Termination: Specifies the duration of the agreement and circumstances for termination
12. Governing Law: Confirms New Zealand law governs the agreement and jurisdiction for disputes
1. Confidentiality: Include when parties will share sensitive information during the course of their relationship
2. Intellectual Property: Include when liability relates to or involves intellectual property rights
3. Special Risks: Include when specific high-risk activities need separate consideration
4. Consumer Guarantees Act Provisions: Include when dealing with consumers, addressing whether the Act applies or is contracted out of
5. Health and Safety Provisions: Include when liability relates to workplace activities or public safety
6. Environmental Liability: Include when activities could have environmental impacts
7. Data Protection and Privacy: Include when personal data processing is involved
8. Subcontractor Liability: Include when subcontractors may be involved in relevant activities
1. Schedule 1 - Insurance Requirements: Detailed breakdown of required insurance policies, coverage amounts, and special conditions
2. Schedule 2 - Liability Caps: Detailed breakdown of liability limits for different types of losses or incidents
3. Schedule 3 - Claims Procedure: Detailed step-by-step process for making and handling claims
4. Schedule 4 - High Risk Activities: Detailed list of activities considered high risk and specific liability provisions for each
5. Appendix A - Incident Report Form: Standard form for reporting incidents that may lead to liability claims
6. Appendix B - Contact Details: List of key contacts for liability-related communications and claims handling
7. Appendix C - Required Notices: Templates for required notices under the agreement
Authors
Applicable Law
Business Day
Claim
Commencement Date
Confidential Information
Consequential Loss
Consumer Guarantees Act
Contract Price
Defaulting Party
Direct Loss
Dispute
Effective Date
Force Majeure Event
GST
Indemnified Party
Indemnifying Party
Insurance Requirements
Intellectual Property Rights
Liability
Liability Cap
Loss
Material Breach
Notice
Parties
Personal Information
Professional Services
Related Company
Representatives
Schedule
Services
Special Damages
Specified Personnel
Subcontractor
Term
Territory
Third Party
Variation
Wilful Misconduct
Definitions
Term and Duration
Scope of Services
Liability
Limitation of Liability
Indemnification
Insurance
Force Majeure
Warranties
Claims Procedure
Dispute Resolution
Confidentiality
Intellectual Property
Data Protection
Health and Safety
Compliance with Laws
Notices
Assignment
Subcontracting
Variation
Termination
Governing Law
Entire Agreement
Severability
Waiver
Consumer Guarantees
Risk Allocation
Payment
Default
Remedies
Reporting Requirements
Record Keeping
Business Continuity
Environmental Compliance
Construction
Manufacturing
Professional Services
Healthcare
Technology
Events and Entertainment
Transport and Logistics
Education
Retail
Property Management
Insurance
Engineering
Hospitality
Sports and Recreation
Legal
Risk Management
Compliance
Operations
Commercial
Finance
Procurement
Health and Safety
Business Development
Project Management
Insurance
Facilities Management
Legal Counsel
Risk Manager
Compliance Officer
Operations Manager
Contract Manager
Business Development Manager
Project Manager
Chief Financial Officer
Chief Executive Officer
Insurance Manager
Health and Safety Manager
Procurement Manager
Facility Manager
General Manager
Commercial Director
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