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1. Parties: Identifies all parties to the agreement including the insured professional, insurer, and any other relevant parties
2. Background: Explains the context of the waiver, including reference to the professional services and insurance arrangements
3. Definitions: Defines key terms including 'Subrogation', 'Professional Services', 'Claims', 'Insurance Policy', and other relevant terms
4. Scope of Professional Services: Describes the professional services covered by the waiver
5. Waiver of Subrogation: Core provision detailing the rights being waived and the extent of the waiver
6. Insurance Requirements: Specifies the insurance policies affected and any ongoing insurance obligations
7. Duration and Termination: Specifies how long the waiver remains in effect and any termination conditions
8. Governing Law and Jurisdiction: Specifies that Australian law governs the agreement and identifies the relevant jurisdiction
9. Execution: Formal execution provisions and signature blocks
1. Multiple Insurer Provisions: Required when multiple insurance policies or insurers are involved in the waiver arrangement
2. Specific Project References: Needed when the waiver relates to specific projects or contracts rather than general professional services
3. Cross-Indemnification: Include when parties agree to reciprocal indemnification arrangements
4. Claims Notification Process: Added when specific notification procedures for potential claims need to be detailed
5. Professional Standards Scheme Compliance: Required when the professional is part of a professional standards scheme limiting liability
6. Severability: Optional clause ensuring remainder of agreement remains valid if any provision is found unenforceable
1. Schedule A - Insurance Policies: Lists all relevant insurance policies covered by the waiver, including policy numbers and key details
2. Schedule B - Professional Services Description: Detailed description of professional services covered by the waiver
3. Schedule C - Certificate of Insurance: Current certificates of insurance for all relevant policies
4. Appendix 1 - Notification Forms: Standard forms for claim notifications or relevant communications
5. Appendix 2 - Professional Credentials: Documentation of professional qualifications and registrations where relevant
Professional Services
Subrogation Rights
Insurer
Insured
Named Insureds
Additional Insureds
Insurance Policy
Professional Liability Insurance
Claims
Losses
Waiver
Professional Standards Scheme
Liability
Professional Indemnity
Service Agreement
Principal
Relevant Jurisdiction
Insurance Contracts Act
Professional Standards Legislation
Claim Period
Insurance Certificate
Policy Period
Retroactive Date
Excess/Deductible
Indemnity
Related Entities
Professional Standards
Governing Law
Force Majeure
Waiver of Subrogation
Insurance Requirements
Professional Services Scope
Representations and Warranties
Duration and Termination
Compliance with Laws
Professional Standards
Notice Requirements
Claims Procedure
Indemnification
Force Majeure
Confidentiality
Assignment and Novation
Severability
Entire Agreement
Governing Law
Dispute Resolution
Amendment and Variation
Notices
Costs and Expenses
Further Assurance
Relationship of Parties
Third Party Rights
Insurance Policy References
Professional Qualifications
Limitation of Liability
Professional Services
Engineering
Architecture
Legal Services
Financial Services
Healthcare
IT Consulting
Construction
Management Consulting
Accounting and Audit
Project Management
Environmental Services
Legal
Risk Management
Compliance
Insurance
Professional Services
Operations
Finance
Procurement
Contract Management
Risk Manager
Insurance Manager
Compliance Officer
Legal Counsel
Professional Services Director
Contract Manager
Chief Financial Officer
Operations Director
Project Manager
Professional Practice Manager
Insurance Broker
Claims Manager
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