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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Define the activities, products, or services covered by the liability provisions
5. Liability Provisions: Core liability terms including extent of liability, standards of care, and specific obligations
6. Limitation of Liability: Specific limitations and caps on liability, subject to German law restrictions
7. Indemnification: Terms regarding mutual or unilateral indemnification obligations
8. Insurance Requirements: Mandatory insurance coverage requirements for the parties
9. Force Majeure: Provisions for extraordinary circumstances affecting liability
10. Notice Requirements: Procedures and timeframes for notification of claims or incidents
11. Dispute Resolution: Procedures for handling disputes, including jurisdiction and applicable law
12. Term and Termination: Duration of the agreement and termination provisions
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Product Specific Liability: Include when agreement covers specific products, detailing particular liability provisions for product defects
2. Professional Services Liability: Add for agreements involving professional services, specifying professional standard of care
3. Cross-Border Provisions: Include when parties are from different jurisdictions, addressing international liability aspects
4. Intellectual Property Liability: Add when IP rights are involved, covering liability for IP infringement
5. Environmental Liability: Include for activities with potential environmental impact
6. Data Protection Liability: Add when personal data processing is involved, covering GDPR-related liabilities
7. Subcontractor Liability: Include when subcontractors may be involved in the covered activities
8. Special Industry Requirements: Add specific provisions required by particular industries (e.g., construction, healthcare)
1. Schedule 1: Liability Caps and Limits: Detailed breakdown of specific liability limits for different types of claims
2. Schedule 2: Insurance Requirements: Detailed insurance requirements including types, amounts, and conditions
3. Schedule 3: Claim Procedures: Detailed procedures for making and processing liability claims
4. Schedule 4: High-Risk Activities: List and description of activities with special liability considerations
5. Schedule 5: Excluded Liabilities: Specific exclusions from liability coverage
6. Appendix A: Incident Report Form: Standard form for reporting incidents that may lead to liability claims
7. Appendix B: Contact Information: List of key contacts for liability-related communications
8. Appendix C: Technical Specifications: Technical details relevant to liability assessment (if applicable)
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