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Reciprocal Hold Harmless Agreement
"I need a Reciprocal Hold Harmless Agreement for a construction project in Manila between my construction company and a subcontractor who will be providing specialized equipment and personnel for a 12-month project starting March 2025, with particular focus on safety protocols and equipment-related liability."
1. Parties: Identifies and provides full legal details of all parties entering into the agreement
2. Background: Explains the context and purpose of the agreement, including the relationship between the parties and their mutual activities
3. Definitions: Defines key terms used throughout the agreement, including 'Indemnification', 'Claims', 'Losses', and other relevant terms
4. Mutual Hold Harmless Obligations: Core section detailing the reciprocal obligations of each party to hold harmless and indemnify the other
5. Scope of Indemnification: Specifies what types of claims, losses, damages, and expenses are covered under the agreement
6. Exclusions from Indemnification: Lists specific circumstances or types of claims that are excluded from the indemnification obligations
7. Notice Requirements: Procedures for notifying the other party of claims and the timing requirements for such notices
8. Defense and Settlement: Procedures for defending against claims and requirements for settling claims
9. Duration: Specifies how long the hold harmless obligations remain in effect
10. Governing Law and Jurisdiction: Specifies Philippine law as governing law and designates jurisdiction for dispute resolution
11. General Provisions: Standard contract clauses including severability, entire agreement, amendments, and notices
1. Insurance Requirements: Required when parties need to maintain specific insurance coverage to support their indemnification obligations
2. Specific Activity Provisions: Used when the agreement relates to specific activities or projects that need detailed treatment
3. Third Party Rights: Needed when the indemnification extends to affiliated parties or when third party rights need to be addressed
4. Force Majeure: Added when parties want to address how extraordinary events affect indemnification obligations
5. Confidentiality: Required when the performance of activities involves exchange of confidential information
6. Alternative Dispute Resolution: Added when parties prefer specific dispute resolution mechanisms like arbitration
7. Survival Clause: Used when certain obligations need to survive the termination of the agreement
1. Schedule A - Scope of Activities: Detailed description of activities or operations covered by the hold harmless agreement
2. Schedule B - Specific Indemnification Scenarios: List of specific scenarios and how they are treated under the agreement
3. Schedule C - Insurance Requirements: Detailed insurance requirements including types of coverage and minimum limits
4. Schedule D - Notice Requirements and Procedures: Detailed procedures for claim notifications and handling
5. Appendix 1 - Contact Information: Contact details for notices and claim submissions
6. Appendix 2 - Form of Notice: Template for required notices under the agreement
Authors
Construction
Real Estate
Manufacturing
Oil and Gas
Mining
Events and Entertainment
Logistics and Transportation
Industrial Services
Facilities Management
Engineering
Energy
Infrastructure Development
Maritime
Legal
Operations
Risk Management
Compliance
Commercial
Project Management
Health and Safety
Procurement
Business Development
Facilities Management
Insurance
Contract Administration
Legal Counsel
Contract Manager
Risk Manager
Operations Director
Project Manager
Facility Manager
Safety Officer
Compliance Officer
Business Development Manager
Commercial Director
Chief Operating Officer
General Manager
Site Supervisor
Procurement Manager
Insurance Manager
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