The Hold Harmless Indemnity Agreement is essential in Indonesian business transactions where parties seek to clearly allocate risks and responsibilities. This document is commonly used in situations where one party wishes to be protected from potential claims, losses, or damages arising from specified activities or relationships. Under Indonesian law, particularly the Civil Code (KUH Perdata), such agreements must be carefully drafted to ensure enforceability while respecting local legal limitations on liability transfer. The agreement typically includes detailed provisions on the scope of indemnification, claim procedures, and dispute resolution mechanisms, tailored to comply with Indonesian regulatory requirements and business practices. It's particularly crucial in high-risk industries or complex business relationships where clear risk allocation is essential for operational certainty.
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1. Parties: Identification and details of the Indemnitor (party providing indemnity) and Indemnitee (party being indemnified)
2. Background: Context of the agreement, relationship between parties, and purpose of the indemnification
3. Definitions: Clear definitions of key terms including 'Indemnified Events', 'Losses', 'Claims', and other relevant terms
4. Scope of Indemnification: Detailed description of what risks, losses, and circumstances are covered by the indemnity
5. Indemnification Obligations: Specific obligations of the Indemnitor, including timing and extent of coverage
6. Notice Requirements: Procedures and timeframes for notifying the Indemnitor of claims or potential claims
7. Defense and Settlement: Rights and obligations regarding legal defense and settlement of claims
8. Duration: Term of the agreement and survival of indemnification obligations
9. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
10. Execution: Formal execution clause and signature blocks
1. Insurance Requirements: Required when specific insurance coverage needs to be maintained by either party
2. Limitations on Liability: Used when parties agree to cap indemnification amounts or exclude certain types of damages
3. Special Conditions: Added when specific conditions or requirements apply to the indemnification
4. Subrogation Rights: Include when addressing rights of insurers or third parties to pursue claims
5. Force Majeure: Added when certain events should be excluded from indemnification obligations
6. Confidentiality: Include when the agreement involves sensitive information or trade secrets
7. Assignment: Added when transfer of rights under the agreement needs to be addressed
1. Schedule A - Specific Indemnified Events: Detailed list of specific events, activities, or circumstances covered by the indemnity
2. Schedule B - Insurance Requirements: Detailed insurance requirements including types of coverage, amounts, and certificates
3. Schedule C - Claims Procedures: Detailed procedures for handling and processing claims
4. Appendix 1 - Contact Information: List of key contacts and notice addresses for both parties
5. Appendix 2 - Form of Notice: Template for required notices under the agreement
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