Hold Harmless And Indemnity Agreement Template for Belgium

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Key Requirements PROMPT example:

Hold Harmless And Indemnity Agreement

"I need a Hold Harmless and Indemnity Agreement under Belgian law for my construction company (BuildCo SA) to protect us from liability when subcontractors work on our major office development project in Brussels starting March 2025."

Document background
The Hold Harmless and Indemnity Agreement is essential in business relationships where clear risk allocation is necessary. This document, governed by Belgian law, is commonly used when one party needs to be protected from potential claims or liabilities arising from specific activities, transactions, or relationships. It's particularly relevant in scenarios involving construction projects, service agreements, property use, or business operations where risk transfer is crucial. The agreement must comply with Belgian Civil Code requirements and relevant EU regulations, particularly regarding the enforceability of indemnification clauses. It typically includes detailed provisions about the scope of indemnification, claim procedures, and any limitations, making it a crucial tool for risk management and legal protection in business relationships.
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 general purpose of the indemnification

3. Definitions: Definitions of key terms used throughout the agreement, including 'Claims', 'Losses', 'Indemnified Parties', etc.

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

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

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

7. Limitations and Exclusions: Specific limitations on the scope of indemnification and excluded claims or losses

8. Duration: Term of the indemnification obligations and survival provisions

9. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

10. Entire Agreement: Standard clause confirming this document represents the entire agreement regarding indemnification

Optional Sections

1. Insurance Requirements: Required when specific insurance coverage must be maintained to support indemnification obligations

2. Third Party Rights: Include when additional parties need to be covered by the indemnification

3. Security: Add when collateral or security is required to secure the indemnification obligations

4. Cross-Indemnification: Include when both parties are providing reciprocal indemnification

5. Subrogation Waiver: Add when parties need to waive rights of subrogation against each other

6. Force Majeure: Include when certain events should excuse performance of indemnification obligations

7. Assignment: Add when transfer of indemnification rights or obligations needs to be addressed

Suggested Schedules

1. Schedule of Indemnified Activities: Detailed list of specific activities or operations covered by the indemnification

2. Schedule of Insurance Requirements: Specific insurance types, coverage amounts, and requirements

3. Schedule of Excluded Claims: Detailed list of specific claims or losses excluded from the indemnification

4. Schedule of Additional Indemnified Parties: List of additional parties covered by the indemnification provisions

5. Schedule of Pre-Existing Claims: List of known claims or circumstances that are excluded from coverage

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

Manufacturing

Real Estate

Events and Entertainment

Professional Services

Transportation and Logistics

Healthcare

Technology

Energy

Retail

Financial Services

Insurance

Relevant Teams

Legal

Risk Management

Compliance

Operations

Finance

Procurement

Commercial

Business Development

Corporate Governance

Insurance

Relevant Roles

Legal Counsel

Risk Manager

Contract Manager

Business Development Manager

Operations Director

Project Manager

Compliance Officer

Chief Financial Officer

Chief Legal Officer

Insurance Manager

Procurement Manager

General Manager

Company Secretary

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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