The Mutual Indemnification Agreement is a critical risk management tool used when two parties engage in business activities where each party could potentially cause loss or damage to the other. This document, governed by Swiss law, establishes reciprocal obligations for parties to compensate each other for losses arising from specified events or breaches. It is particularly relevant in commercial relationships where both parties face similar risk exposure and require mutual protection. The agreement typically includes detailed procedures for making claims, defending against third-party claims, and limitations on liability. Swiss law provides a robust framework for such agreements through the Swiss Code of Obligations (OR), which governs contract formation, performance, and remedies. The document should be carefully tailored to comply with Swiss legal requirements while meeting the specific needs of the business relationship.
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1. Parties: Identification and details of the parties entering into the mutual indemnification agreement
2. Background: Context and purpose of the agreement, including the business relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement, including 'Indemnified Party', 'Indemnifying Party', 'Claims', and 'Losses'
4. Scope of Agreement: Overall scope and purpose of the mutual indemnification obligations
5. Indemnification Obligations: Detailed description of each party's indemnification obligations to the other
6. Exclusions from Indemnification: Specific exclusions and limitations to the indemnification obligations
7. Procedure for Making Claims: Process and requirements for making and responding to indemnification claims
8. Defense of Claims: Procedures for defending against third-party claims and allocation of control over defense
9. Limitation of Liability: Caps, restrictions, and limitations on the parties' indemnification obligations
10. Duration of Obligations: Term of the indemnification obligations and survival periods
11. Notice Requirements: Requirements and procedures for providing notices under the agreement
12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
13. General Provisions: Standard contractual provisions including amendments, assignments, and severability
1. Insurance Requirements: Requirements for insurance coverage to support indemnification obligations
2. Security for Obligations: Requirements for security deposits, guarantees, or other financial security
3. Subrogation Rights: Provisions regarding subrogation rights and waivers
4. Cross-Indemnification: Specific provisions for situations where both parties may be liable
5. Intellectual Property Indemnification: Specific provisions for IP-related claims if relevant to the business relationship
6. Environmental Indemnification: Specific provisions for environmental claims if relevant to the business activities
7. Force Majeure: Provisions addressing how force majeure events affect indemnification obligations
8. Alternative Dispute Resolution: Procedures for mediation or arbitration before court proceedings
1. Schedule 1 - Claim Notice Form: Standard form for submitting indemnification claims
2. Schedule 2 - Claim Response Procedures: Detailed procedures for responding to and processing claims
3. Schedule 3 - Calculation of Losses: Methodology for calculating indemnifiable losses
4. Schedule 4 - Excluded Claims: Detailed list of specifically excluded claims or losses
5. Schedule 5 - Insurance Requirements: Detailed insurance requirements including types and amounts of coverage
6. Appendix A - Contact Information: Contact details for notices and claim submissions
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