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Mutual Indemnification Agreement

Mutual Indemnification Agreement Template for Indonesia

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Key Requirements PROMPT example:

Mutual Indemnification Agreement

"I need a Mutual Indemnification Agreement under Indonesian law for a joint venture between our technology company and a local manufacturing partner, with specific focus on intellectual property protection and potential product liability claims."

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Document background
The Mutual Indemnification Agreement is essential in business relationships where parties seek to allocate and manage risks effectively under Indonesian law. This document is particularly relevant when entering into joint ventures, service agreements, or complex commercial transactions where both parties need protection against potential losses or liabilities arising from their business relationship. The agreement must comply with Indonesian Civil Code requirements and Law No. 24 of 2009 regarding language requirements, necessitating both Indonesian and English versions. It typically includes detailed provisions on claim procedures, dispute resolution, and specific indemnification obligations, while considering local legal and regulatory requirements. The document is crucial for businesses operating in Indonesia who want to ensure clear risk allocation and mutual protection in their commercial relationships.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including their full legal names, addresses, and registration details

2. Background: Context of the agreement, relationship between parties, and purpose of the mutual indemnification arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Indemnification', 'Claims', 'Losses', and 'Liability'

4. Scope of Agreement: Clear delineation of what activities, transactions, or relationships are covered by the mutual indemnification

5. Mutual Indemnification Obligations: Detailed description of each party's indemnification obligations to the other

6. Limitations of Liability: Specific limitations on the scope and extent of indemnification obligations

7. Claims Procedure: Process for making and responding to indemnification claims, including notification requirements and timelines

8. Duration and Survival: Term of the agreement and which provisions survive termination

9. Language Requirements: Specification that the agreement is executed in both Indonesian and English, with provisions about which version prevails

10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

11. General Provisions: Standard boilerplate clauses including amendments, notices, and severability

Optional Sections

1. Insurance Requirements: Additional section specifying insurance obligations of each party to support their indemnification obligations

2. Third Party Claims: Specific procedures for handling claims involving third parties

3. Confidentiality: Provisions regarding confidential information if the indemnification relates to sensitive business matters

4. Force Majeure: Provisions excluding liability for events beyond reasonable control

5. Step-In Rights: Rights of either party to take control of claims or proceedings

6. Security Provisions: Requirements for security or guarantees to support indemnification obligations

7. Corporate Authority: Additional representations regarding corporate authority if parties are companies

Suggested Schedules

1. Schedule 1 - Specific Indemnified Events: Detailed list of specific events, activities or circumstances covered by the indemnification

2. Schedule 2 - Claim Form Template: Standard form for making indemnification claims under the agreement

3. Schedule 3 - Contact Details: List of key contacts and addresses for notices and claims

4. Schedule 4 - Excluded Claims: Specific exclusions from the scope of indemnification

5. Appendix A - Insurance Requirements: Detailed insurance requirements including types of coverage and minimum amounts

6. Appendix B - Power of Attorney: If required under Indonesian law for certain actions under the agreement

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Manufacturing

Technology

Construction

Energy

Mining

Infrastructure

Financial Services

Healthcare

Telecommunications

Real Estate

Oil and Gas

Transportation

Retail

Professional Services

Relevant Teams

Legal

Compliance

Risk Management

Corporate Affairs

Operations

Finance

Commercial

Business Development

Project Management

Executive Leadership

Relevant Roles

Legal Counsel

Chief Legal Officer

Contract Manager

Risk Manager

Compliance Officer

Chief Executive Officer

Chief Financial Officer

Commercial Director

Business Development Manager

Operations Director

Project Manager

General Manager

Corporate Secretary

Chief Risk Officer

Industries
Indonesian Civil Code (KUHPerdata): Primary legislation governing contracts and civil relationships in Indonesia, particularly Book III on Obligations (Articles 1233-1456) which covers contract formation, validity, and enforcement
Law No. 24 of 2009 on National Flag, Language, Emblem and Anthem: Article 31 requires that contracts involving Indonesian parties must be in Indonesian language (relevant for the language requirements of the agreement)
Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution: Governs dispute resolution mechanisms and enforcement of arbitration awards in Indonesia, crucial for including dispute resolution clauses
Law No. 40 of 2007 on Limited Liability Companies: Relevant if any party is an Indonesian company, particularly regarding corporate authority to enter into indemnification agreements
Presidential Regulation No. 63 of 2019: Regulates the use of Indonesian language in official documents and agreements involving government institutions and private entities
Government Regulation No. 57 of 2010: Provides guidelines on merger, consolidation, and acquisition, which may be relevant if the indemnification relates to corporate transactions
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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