Hold Harmless And Indemnity Agreement Template for Austria

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Key Requirements PROMPT example:

Hold Harmless And Indemnity Agreement

"I need a Hold Harmless and Indemnity Agreement under Austrian law for my construction company to protect us from liability when subcontractors work on our development project starting March 2025, including specific provisions for workplace safety and equipment usage."

Document background
The Hold Harmless and Indemnity Agreement is a crucial risk management tool in Austrian business transactions, used when one party needs to protect another from potential losses, claims, or damages. This document is particularly relevant in situations involving business partnerships, service contracts, property usage, or any scenario where risk allocation needs to be clearly defined. Under Austrian law, these agreements must comply with the Civil Code (ABGB) and cannot contradict mandatory legal provisions or public policy. The agreement typically includes specific triggering events, scope of protection, claim procedures, and any limitations on liability. It's essential in various business contexts, from construction projects to service agreements, where clear risk allocation is necessary for business operations.
Suggested Sections

1. Parties: Identification and details of the Indemnitor (party providing indemnification) and Indemnitee (party being indemnified)

2. Background: Context of the agreement, relationship between parties, and relevant circumstances leading to the need for indemnification

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Indemnified Parties', 'Claims', 'Losses', and 'Indemnified Events'

4. Scope of Indemnification: Detailed description of what losses, damages, and claims are covered by the indemnification

5. Indemnification Obligations: Specific obligations of the Indemnitor, including defense obligations and payment terms

6. Procedure for Claims: Process for notifying and handling indemnification claims, including timeframes and required documentation

7. Duration: Term of the indemnification obligations and any survival provisions

8. Limitations: Any limitations on the scope or amount of indemnification, consistent with Austrian law

9. Governing Law and Jurisdiction: Specification of Austrian law as governing law and designation of competent courts

10. Signatures: Execution block for parties' signatures and date of signing

Optional Sections

1. Insurance Requirements: Details of required insurance coverage to support indemnification obligations, used when specific insurance requirements are needed

2. Third Party Rights: Provisions regarding the rights of third parties who may be covered by the indemnification, used when additional parties need protection

3. Force Majeure: Circumstances under which indemnification obligations may be suspended, used in long-term or high-risk agreements

4. Dispute Resolution: Alternative dispute resolution procedures, used when parties prefer arbitration or mediation

5. Confidentiality: Provisions for handling confidential information related to claims, used when sensitive information may be involved

6. Assignment: Rules regarding the transfer of indemnification rights and obligations, used when assignment rights are important

7. Severability: Provisions ensuring partial invalidity doesn't void entire agreement, used in complex agreements

8. Amendments: Procedures for modifying the agreement, used in long-term relationships

Suggested Schedules

1. Schedule A - Specific Indemnified Events: Detailed list of specific events, activities, or circumstances covered by the indemnification

2. Schedule B - Excluded Claims: List of specific claims or circumstances explicitly excluded from the indemnification scope

3. Schedule C - Insurance Specifications: Detailed insurance requirements including types, amounts, and specific coverage terms

4. Appendix 1 - Claim Notice Form: Standard form for submitting indemnification claims

5. Appendix 2 - Related Agreements: List of other agreements referenced or related to the indemnification obligations

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

Relevant Industries

Construction

Real Estate

Manufacturing

Events and Entertainment

Professional Services

Healthcare

Technology

Transportation and Logistics

Energy

Retail

Insurance

Sports and Recreation

Education

Hospitality

Relevant Teams

Legal

Risk Management

Compliance

Finance

Operations

Procurement

Business Development

Insurance

Contracts Administration

Corporate Governance

Project Management Office

Facilities Management

Relevant Roles

Legal Counsel

Risk Manager

Chief Legal Officer

Contract Manager

Compliance Officer

Chief Financial Officer

Project Manager

Operations Director

Business Development Manager

Chief Executive Officer

Insurance Manager

Procurement Manager

Facility Manager

General Counsel

Commercial Director

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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