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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."
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
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
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
Construction
Real Estate
Financial Services
Manufacturing
Technology
Events and Entertainment
Professional Services
Healthcare
Retail
Logistics and Transportation
Education
Property Management
Insurance
Investment
Infrastructure
Legal
Risk Management
Compliance
Operations
Facilities Management
Project Management
Business Development
Commercial
Procurement
Insurance
Corporate Secretariat
Property Management
Contract Administration
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
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