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1. Parties: Identification of all parties to the agreement, including the professional service provider, their insurer, and the party receiving the waiver
2. Background: Context of the professional relationship and the reason for the waiver of subrogation
3. Definitions: Key terms used in the agreement including 'Subrogation', 'Professional Services', 'Claims', 'Losses', and other relevant terms
4. Scope of Professional Services: Detailed description of the professional services covered by the waiver
5. Waiver of Subrogation: Core provision where the insurer waives rights of subrogation against the specified parties
6. Duration of Waiver: Time period during which the waiver remains effective
7. Insurance Requirements: Specific insurance policies and coverage levels to which the waiver applies
8. Limitations and Exceptions: Any circumstances under which the waiver would not apply
9. Representations and Warranties: Statements regarding the authority to grant the waiver and other relevant assurances
10. Governing Law and Jurisdiction: Specification of applicable law and courts having jurisdiction over any disputes
11. Entire Agreement: Statement that the document represents the complete agreement regarding the waiver of subrogation
1. Multiple Jurisdiction Provisions: Required when the professional services or parties span multiple Canadian provinces or international jurisdictions
2. Specific Risk Provisions: Needed when certain high-risk activities or specific professional scenarios require special treatment
3. Third Party Rights: Required when the waiver needs to extend to additional parties such as subcontractors or affiliated professionals
4. Claims Notification Process: Include when specific notification procedures for potential claims need to be outlined
5. Professional Association Requirements: Required when specific professional body regulations need to be addressed
6. Severability: Include when there's a need to ensure remaining provisions stay valid if some are found unenforceable
7. Amendment Procedures: Needed when specific procedures for modifying the waiver should be established
8. Dispute Resolution: Include when specific dispute resolution procedures (mediation/arbitration) are desired
1. Schedule A - Insurance Policies: Detailed list of insurance policies covered by the waiver, including policy numbers and coverage limits
2. Schedule B - Professional Services Description: Detailed scope of professional services covered by the waiver
3. Schedule C - Named Parties: Complete list of all parties covered by the waiver, including any subsidiaries or affiliated entities
4. Appendix 1 - Risk Assessment: Evaluation of specific risks and how they are addressed under the waiver
5. Appendix 2 - Claims Procedures: Detailed procedures for handling potential claims under the waiver
6. Appendix 3 - Professional Credentials: Documentation of relevant professional qualifications and certifications
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