A Subcontractor Hold Harmless Agreement is essential when engaging subcontractors for complex projects where risk allocation needs to be clearly defined. This document is particularly important in high-risk industries or where multiple parties are involved in project delivery. Under English and Welsh law, these agreements must be carefully drafted to ensure enforceability while maintaining reasonable terms. The agreement typically includes comprehensive indemnification provisions, insurance requirements, and specific circumstances under which the hold harmless provisions apply.
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1. Parties: Identifies and defines all parties to the agreement
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Indemnification: Details of what losses and liabilities are covered by the hold harmless agreement
5. Duration: Period during which the hold harmless provisions remain effective
6. Insurance Requirements: Minimum insurance coverage requirements for all parties
7. Governing Law: Specification of English and Welsh law as governing law
1. Site Access Provisions: Rules for accessing work sites - include when work involves physical presence at specific locations
2. Intellectual Property Rights: Protection of IP rights - include when work involves creation or use of intellectual property
3. Confidentiality: Protection of sensitive information - include when parties will exchange confidential information
4. Force Majeure: Provisions for unforeseeable circumstances - include for long-term or high-value contracts
1. Schedule of Insurance Requirements: Detailed insurance specifications and minimum coverage amounts
2. Schedule of Works: Detailed description of subcontractor's scope of work
3. Schedule of Rates: Payment terms and rates if applicable
4. Form of Insurance Certificates: Template certificates showing required insurance coverage
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