The Subcontractor Indemnification Agreement is essential in projects where work is delegated to specialized subcontractors, particularly in construction, engineering, and professional services. This agreement, governed by English and Welsh law, protects the main contractor from potential losses or liabilities arising from the subcontractor's work. It typically includes specific indemnification obligations, insurance requirements, and risk allocation provisions, ensuring clear accountability and legal protection for all parties involved.
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1. Parties: Identifies the contracting parties and their registered details
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Indemnification: Details the specific risks and liabilities covered by the indemnity
5. Obligations of Parties: Outlines the duties and responsibilities of each party
6. Duration and Termination: Specifies the term of the agreement and termination provisions
7. Insurance Requirements: Specifies required insurance coverage and limits
8. Governing Law and Jurisdiction: Specifies that English and Welsh law governs the agreement and establishes jurisdiction
1. Intellectual Property Rights: Addresses IP ownership and licenses when the subcontractor's work involves creation of intellectual property
2. Confidentiality: Protects sensitive information exchanged between parties during the course of the agreement
3. Force Majeure: Addresses unforeseeable circumstances that may prevent parties from fulfilling their obligations
4. Data Protection: Includes provisions for compliance with UK GDPR and Data Protection Act 2018 when personal data is processed
5. Dispute Resolution: Sets out specific procedures for resolving disputes before resorting to litigation
1. Schedule 1 - Services: Detailed description of subcontractor's scope of work and deliverables
2. Schedule 2 - Insurance Requirements: Detailed insurance specifications including types of coverage and minimum coverage limits
3. Schedule 3 - Form of Indemnity: Standard form of indemnity to be used, including specific indemnification obligations
4. Schedule 4 - Parent Company Guarantee: Template form of parent company guarantee if required for additional security
5. Schedule 5 - Key Performance Indicators: Specific performance metrics and standards the subcontractor must meet
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