Mutual Indemnity And Waiver Of Recourse Agreement Template for Singapore

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Key Requirements PROMPT example:

Mutual Indemnity And Waiver Of Recourse Agreement

"I need a Mutual Indemnity And Waiver Of Recourse Agreement governed by Singapore law for a joint venture between two construction companies, with specific focus on indemnities related to equipment sharing and worker safety, to be effective from March 2025."

Document background
The Mutual Indemnity And Waiver Of Recourse Agreement serves as a critical risk management tool in complex commercial arrangements under Singapore law. It is particularly valuable when parties engage in activities with significant operational risks and need to establish clear boundaries for liability and indemnification. This agreement type is commonly used in joint ventures, construction projects, and other commercial arrangements where multiple parties interact and need to allocate risks effectively. The document typically includes detailed provisions on the scope of indemnities, insurance requirements, and specific circumstances under which parties agree not to pursue claims against each other.
Suggested Sections

1. Parties: Identification and details of contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Mutual Indemnities: Core indemnification obligations of each party

5. Waiver of Recourse: Provisions regarding waiver of rights to pursue claims

6. Duration: Term of the agreement and survival provisions

7. Governing Law: Specification of Singapore law as governing law

Optional Sections

1. Insurance Requirements: Details of required insurance coverage and maintenance obligations

2. Third Party Rights: Treatment of third party rights and exclusions under the agreement

3. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration provisions

4. Force Majeure: Treatment of events beyond parties' control and their impact on indemnities

Suggested Schedules

1. Schedule of Indemnified Risks: Detailed list of risks covered by indemnities

2. Insurance Requirements Schedule: Specific insurance requirements and minimum coverage levels

3. Form of Notice: Template for notices required under the agreement

4. Related Agreements: List of associated agreements affected by the indemnities

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

Industries

Civil Law Act (Cap. 43): Key legislation governing contractual capacity (Section 2) and requirements for contracts to be in writing (Section 6). Essential for establishing basic contractual validity.

Unfair Contract Terms Act (Cap. 396): Regulates the use of exclusion and limitation clauses, and applies a reasonableness test to indemnity provisions. Critical for ensuring enforceability of indemnity terms.

Contracts (Rights of Third Parties) Act: Determines whether and how third parties may enforce contractual rights. Important for defining scope of indemnity beneficiaries and enforcement rights.

Insurance Act (Cap. 142): Governs insurance-related aspects of indemnities, including disclosure requirements and insurance arrangements that may back indemnity obligations.

Limitation Act (Cap. 163): Sets time limits for bringing claims and affects the duration and enforcement of indemnity obligations.

Common Law Principles: Encompasses doctrine of privity of contract, rules of consideration, and principles of contractual interpretation essential for agreement structuring.

Industry-Specific Regulations: Sector-specific requirements for indemnities varying by industry (maritime, construction, oil & gas, etc.) that may affect agreement terms.

Competition Act (Cap. 50B): Ensures indemnity provisions comply with competition laws and consider market impact implications.

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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