Mutual Indemnity And Waiver Of Recourse Agreement Template for Indonesia

The Mutual Indemnity And Waiver Of Recourse Agreement is essential for businesses operating in Indonesia where multiple parties engage in high-risk activities or share operational facilities. This document type is commonly used in industries such as oil and gas, construction, and manufacturing, where the potential for significant incidents and resulting claims exists. The agreement, governed by Indonesian law including the Civil Code (KUHPerdata) and relevant sector-specific regulations, establishes reciprocal obligations for indemnification while waiving certain rights of recourse between parties. It typically includes detailed provisions for insurance requirements, claims procedures, and specific exclusions, helping parties manage their risk exposure while maintaining productive business relationships.

1. Parties: Identifies the contracting parties and their legal details

2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties

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

4. Interpretation: Rules for interpreting the agreement, including hierarchy of documents and construction rules

5. Mutual Indemnities: Core section detailing the reciprocal indemnification obligations of each party

6. Waiver of Recourse: Specifies the mutual waiver of rights to pursue claims against the other party

7. Scope of Indemnities: Defines the extent and limitations of the indemnification obligations

8. Exclusions: Lists specific exclusions from the indemnities and waivers

9. Claims Procedure: Process for making and handling indemnification claims

10. Insurance Requirements: Specifies required insurance coverage to support the indemnities

11. Duration and Survival: Terms regarding the duration of the agreement and which provisions survive termination

12. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and jurisdiction for disputes

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