Liability Agreement Template for Austria

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Key Requirements PROMPT example:

Liability Agreement

"I need a Liability Agreement under Austrian law for my software consulting company that will be providing critical infrastructure IT services to government agencies starting March 2025, with specific attention to cybersecurity risks and data protection obligations."

Document background
The Liability Agreement is a crucial legal instrument used in Austrian business and commercial relationships to clearly define and allocate risk between contracting parties. This document becomes necessary when parties need to establish clear boundaries of responsibility, particularly in situations involving potential risks, damages, or losses. The agreement must comply with Austrian legal requirements, including the Austrian Civil Code (ABGB), Consumer Protection Act (KSchG), and relevant EU regulations. It typically addresses various aspects of liability, including limitation clauses, indemnification provisions, insurance requirements, and specific industry-related risks. The Liability Agreement is particularly important in complex business transactions, professional services arrangements, or situations where significant potential risks need to be managed and allocated between parties.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Agreement: Defines the activities, products, or services covered by the liability provisions

5. Liability Provisions: Core section detailing the allocation of liability between parties

6. Indemnification: Obligations to compensate for losses and mutual indemnities

7. Limitation of Liability: Caps, exclusions, and restrictions on liability in accordance with Austrian law

8. Insurance Requirements: Mandatory insurance coverage requirements for both parties

9. Force Majeure: Circumstances excusing performance and affecting liability

10. Duration and Termination: Term of the agreement and termination provisions

11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

12. Entire Agreement: Integration clause and relationship to other agreements

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Product-Specific Liability: Include when agreement covers specific products, incorporating Product Liability Act provisions

2. Environmental Liability: Include for activities with potential environmental impact

3. Intellectual Property Indemnification: Include when IP rights are relevant to the covered activities

4. Data Protection Liability: Include when personal data processing is involved

5. Consumer Protection Provisions: Include when one party is a consumer under KSchG

6. Cross-Border Provisions: Include for agreements with international elements

7. Subcontractor Liability: Include when subcontractors may be involved in covered activities

Suggested Schedules

1. Schedule 1 - Liability Caps: Detailed breakdown of liability limitations for different types of losses

2. Schedule 2 - Insurance Requirements: Specific insurance types, coverage amounts, and terms required

3. Schedule 3 - Indemnified Parties: List of additional parties covered by indemnification provisions

4. Appendix A - Incident Reporting Procedure: Process for reporting and handling liability incidents

5. Appendix B - Claim Processing Framework: Procedures for handling and processing liability claims

6. Appendix C - Risk Assessment: Evaluation of potential risks and corresponding liability allocation

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

Clauses
Relevant Industries

Manufacturing

Technology

Construction

Professional Services

Healthcare

Retail

Transportation and Logistics

Energy

Financial Services

Insurance

Real Estate

Environmental Services

Consumer Goods

Industrial Equipment

Relevant Teams

Legal

Risk Management

Compliance

Operations

Commercial

Procurement

Business Development

Finance

Insurance

Corporate Governance

Project Management

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Contract Manager

Chief Legal Officer

Business Development Manager

Operations Director

Project Manager

Insurance Manager

Chief Risk Officer

General Counsel

Commercial Director

Chief Executive Officer

Chief Financial Officer

Procurement 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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