A Mutual Hold Harmless Agreement is typically used when two parties engage in activities where there is a significant risk of loss or liability to either party. This document is particularly relevant in situations where both parties wish to clearly delineate their responsibilities and protect themselves from claims arising from the other party's actions. Under English and Welsh law, these agreements must comply with the Unfair Contract Terms Act 1977 and other relevant legislation. The agreement typically includes detailed provisions on the scope of indemnification, insurance requirements, and claims procedures, providing a comprehensive framework for risk allocation between the parties.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Mutual Indemnification: Core hold harmless and indemnification obligations of each party
5. Scope of Indemnification: Specific risks, losses, and circumstances covered
6. Duration: Term of the indemnification obligations
7. Governing Law: Specification of English and Welsh law as governing law
1. Insurance Requirements: Specific insurance coverage requirements - use when parties want to ensure adequate insurance coverage exists
2. Third Party Rights: Extension of indemnification to affiliated parties - use when protection needs to extend beyond primary contracting parties
3. Claims Procedure: Process for making and handling indemnification claims - use in complex arrangements or high-value contracts
4. Limitations on Liability: Caps or exclusions on indemnification obligations - use when parties want to limit potential exposure
1. Schedule of Insured Risks: Detailed list of risks covered by insurance policies
2. Schedule of Affiliated Parties: List of additional parties covered by the indemnification
3. Insurance Certificates: Copies of relevant insurance documentation
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