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Hold Harmless And Indemnity Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Hold Harmless And Indemnity Agreement

"I need a Hold Harmless and Indemnity Agreement for a construction project in Hong Kong where my company is the main contractor, and we need to indemnify the property owner against any claims arising from our construction activities starting March 2025."

Document background
The Hold Harmless and Indemnity Agreement is a vital risk management tool in Hong Kong's business environment, commonly used across various industries to clearly define and allocate potential liabilities between contracting parties. This document type is particularly relevant in situations involving business partnerships, service contracts, property transactions, or any scenario where parties need to establish clear responsibility for potential risks and losses. Operating under Hong Kong law, which combines common law principles with local statutory requirements, these agreements must be carefully drafted to ensure enforceability while complying with local regulations such as the Control of Exemption Clauses Ordinance. The agreement typically outlines specific indemnified activities, claim procedures, and the scope of protection, making it an essential document for risk mitigation and business relationship management.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement, including the Indemnitor (party providing indemnity) and Indemnitee (party being indemnified)

2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties and the activities being indemnified

3. Definitions: Defines key terms used throughout the agreement, including 'Losses', 'Claims', 'Indemnified Activities', and other relevant terms

4. Scope of Indemnification: Details the specific risks, activities, and circumstances covered by the indemnification

5. Indemnification Obligations: Specifies the exact obligations of the Indemnitor, including defense obligations and payment of losses

6. Exclusions: Lists specific exclusions from the indemnification coverage

7. Notice Requirements: Procedures for notifying the Indemnitor of claims and the timing requirements

8. Defense of Claims: Procedures for defending against third-party claims, including control of defense and settlement

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

10. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and establishes jurisdiction for disputes

11. General Provisions: Standard contractual provisions including amendments, assignments, and severability

Optional Sections

1. Insurance Requirements: Required when specific insurance coverage must be maintained to support the indemnification obligations

2. Multiple Indemnitors: Include when there are multiple parties providing indemnification, establishing joint and several liability

3. Subrogation Rights: Include when dealing with insurance companies or specific subrogation arrangements

4. Security for Indemnity: Include when requiring specific security or collateral to support the indemnification obligations

5. Cross-Indemnification: Include when parties are providing mutual indemnification to each other

6. Limitation of Liability: Include when parties agree to cap the indemnification obligations or exclude certain types of damages

Suggested Schedules

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

2. Schedule 2 - Insurance Requirements: Specific insurance types, coverage amounts, and requirements if applicable

3. Schedule 3 - Claims Procedures: Detailed procedures for handling claims, including specific forms and contact information

4. Appendix A - Related Entities: List of affiliated entities covered by the indemnification if applicable

5. Appendix B - Excluded Claims: Detailed list of specific excluded claims or circumstances if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Real Estate

Financial Services

Manufacturing

Technology

Events and Entertainment

Professional Services

Healthcare

Retail

Logistics and Transportation

Education

Property Management

Insurance

Investment

Infrastructure

Relevant Teams

Legal

Risk Management

Compliance

Operations

Facilities Management

Project Management

Business Development

Commercial

Procurement

Insurance

Corporate Secretariat

Property Management

Contract Administration

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Risk Manager

Compliance Officer

Contract Manager

Project Manager

Operations Director

Facilities Manager

Property Manager

Business Development Manager

Commercial Director

Legal Counsel

Corporate Secretary

Insurance Manager

Procurement Manager

Construction Manager

Event 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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