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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."
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
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
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
Applicable Law
Claim
Confidential Information
Damages
Direct Damages
Effective Date
Force Majeure Event
Gross Negligence
Indemnified Party
Indemnifying Party
Indirect Damages
Insurance Requirements
Liability
Liability Cap
Liability Period
Loss
Material Breach
Negligence
Notice
Parties
Products
Professional Services
Reasonable Care
Related Entities
Representatives
Services
Subcontractor
Term
Third Party
Third Party Claim
Willful Misconduct
Definitions
Interpretation
Scope of Liability
Limitation of Liability
Exclusion of Liability
Indemnification
Insurance
Force Majeure
Liability Caps
Risk Allocation
Notice Requirements
Claims Procedure
Dispute Resolution
Governing Law
Jurisdiction
Damages
Warranties
Representations
Term and Termination
Confidentiality
Assignment
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Compliance with Laws
Product Liability
Professional Liability
Environmental Liability
Data Protection
Intellectual Property
Subcontractor Liability
Emergency Response
Remedies
Survival
Execution
Manufacturing
Technology
Construction
Professional Services
Healthcare
Retail
Transportation and Logistics
Energy
Financial Services
Insurance
Real Estate
Environmental Services
Consumer Goods
Industrial Equipment
Legal
Risk Management
Compliance
Operations
Commercial
Procurement
Business Development
Finance
Insurance
Corporate Governance
Project Management
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
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