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Hold Harmless Agreement Mortgage
"I need a Hold Harmless Agreement Mortgage for a residential property in Ontario, where I'm co-signing a mortgage with my sister and want protection from any future liability if she defaults on the payments."
1. Parties: Identification of all parties to the agreement, including the indemnitor (party providing the hold harmless guarantee) and indemnitee (protected party), and their legal capacities
2. Background: Context of the agreement, including reference to the underlying mortgage agreement, property details, and reason for the hold harmless arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Mortgage,' 'Property,' 'Losses,' 'Claims,' and other relevant terms
4. Scope of Agreement: Clear delineation of what activities, transactions, or circumstances are covered by the hold harmless provision
5. Indemnification Provisions: Detailed description of the hold harmless obligations, including what types of claims, damages, or losses are covered
6. Duration: Term of the hold harmless agreement and whether it survives the underlying mortgage
7. Representations and Warranties: Statements of fact and guarantees made by the parties regarding their capacity and authority
8. Notice Requirements: Procedures for notifying parties of claims or potential claims covered by the agreement
9. Governing Law: Specification of applicable Canadian law and jurisdiction
10. Execution: Signature blocks and execution requirements
1. Insurance Requirements: Required when specific insurance coverage is needed to support the indemnification obligations
2. Assignment: Include when transfer rights need to be addressed, particularly in commercial contexts
3. Dispute Resolution: Optional section specifying mediation or arbitration procedures for resolving disagreements
4. Severability: Include when there's concern about the enforceability of specific provisions
5. Third Party Rights: Include when the agreement needs to address rights of mortgage lenders or other third parties
6. Survival: Include when certain provisions need to explicitly survive termination of the agreement
1. Schedule A - Property Description: Legal description of the mortgaged property
2. Schedule B - Mortgage Details: Key terms and conditions of the underlying mortgage agreement
3. Schedule C - Specific Indemnified Events: Detailed list of specific situations or events covered by the hold harmless provision
4. Appendix 1 - Insurance Certificates: Copies of required insurance policies or certificates
5. Appendix 2 - Related Agreements: Copies of related agreements referenced in the main document
Authors
Real Estate
Banking & Financial Services
Property Development
Investment & Securities
Insurance
Property Management
Construction
Legal Services
Mortgage Lending
Real Estate Investment
Legal
Risk Management
Real Estate
Mortgage Operations
Compliance
Property Management
Investment
Credit Analysis
Document Processing
Client Relations
Mortgage Broker
Real Estate Lawyer
Property Manager
Financial Advisor
Risk Manager
Loan Officer
Real Estate Agent
Mortgage Underwriter
Legal Counsel
Property Developer
Investment Manager
Compliance Officer
Real Estate Investment Analyst
Credit Risk Officer
Portfolio Manager
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