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The Terms of Service

Create a Customized Indemnity (Hold Harmless) Agreement

This template was prepared by: Topstone Solicitors (London), Topstone Solicitors

Instructions

Indemnity has the general meaning of "hold harmless". Indemnity is defined as "a duty to make good any loss, damage, or liability incurred by another (Black's Law Dictionary).

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Confidentiality Agreement

The confidentiality agreement is used to protect sensitive information and referred as a Non-Disclosure Agreement (NDA).

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Set up parthership between partners and duties of partners

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Also called Hold-Harmless Agreement.

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SLA is a contract between a service provider and a user that defines the level of service expected from the service provider.

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Business Service Agreement

Independent contractor (entrepreneur) provides services to a client on regular basis (e.g. monthly fee services).

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Indemnity Agreement

Subject of the indemnity is:
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THIS INDEMNITY AGREEMENT (this "Agreement") dated
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The Indemnifier is:
The Indemnifier will hold harmless and indemnify the Indemnitee against any and all relevant claims.
The Indemnifier will hold harmless and indemnify the Indemnitee against any and all relevant claims.
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of
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Add business name
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The Indemnitee is:
The Indemnitee is the one who is protected by the Indemnifier and who's loss will be compensated by the Indemnifier.
The Indemnitee is the one who is protected by the Indemnifier and who's loss will be compensated by the Indemnifier.
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of
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Activity.
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For the purpose of this Agreement, the "Activity" consists of the following:
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-
;
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Indemnification.
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The Indemnifier
indemnify the Indemnitee in the case of a criminal proceeding.
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Indemnification under this Agreement will be
as to amount.
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Exceptions.
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The Indemnitee will not be entitled to indemnification from the Indemnifier for any expenses, judgments, fines, settlements and other amounts actually and reasonably incurred as the result of the Indemnitee's participation in the Activity where:
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Insurance.
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The Indemnifier
take out and maintain insurance coverage with an insurer reasonably acceptable to the Indemnitee on terms reasonable and sufficient to indemnify the participation of the Indemnitee in the Activity.
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Notice of Claim.
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In the event of any claim or action, the Indemnitee will promptly provide the Indemnifier with written notice of the claim or action and will notify the Indemnifier within
business days of the commencement of any legal proceedings relating to the claim or action. The Indemnitee will provide the Indemnifier with all available information known to the Indemnitee relating to the claim or action.
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Authorisation.
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In any case where the Indemnitee requires indemnification, the Indemnifier will make the determination of whether indemnification is appropriate having given consideration to the terms described in the section _____ of this Agreement. In all cases
will bear all costs of any independent determination .
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The
will bear the burden of proving that indemnification is not appropriate.
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The termination of any claim or action by judgment, settlement, order, conviction or upon a plea of "nolo contendere" or its equivalent
create a presumption that the person did not act in good faith and in a reasonable manner or, in the case of a criminal action, that the Indemnitee had reasonable cause to believe that the Indemnitee's conduct was unlawful.
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Assumption of Defence.
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Settlement and Consent.
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The Indemnitee
settle any claim or action without first obtaining the written consent of the Indemnifier. The Indemnifier will not be liable for any amounts paid in settlement of any claim or action if written consent of the Indemnifier was not obtained. The Indemnifier will not unreasonably withhhold consent of any settlement.
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The Indemnifier
settle any claim or action without obtaining the written consent of the Indemnitee. The Indemnitee will not unreasonably withold consent to settlement.
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Cooperation.
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Expenses.
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All reasonable Expenses incurred by the Indemnitee to enforce this Agreement and all costs of defending any third party claims or actions brought against the Indemnitee under this Agreement will be the sole responsibility of the
subject to the limits on indemnification described in the section _____ of this Agreement.
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The Indemnifier
advance to the Indemnitee any Expenses, including legal fees , incurred by the Indemnitee in defending any action brought against the Indemnitee (the "Advance Payments").
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The Indemnifier agrees to make the Advance Payments within
days of the written request of the Indemnitee.
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Advance Payments
be made prior to the disposition of any claim where reasonable and to minimise hardship to the Indemnitee.
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Payments.
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All payments made by the Indemnifier to the Indemnitee will be made in full in immediately available funds within
days of receipt of notice describing an amount owing under this Agreement by the Indemnifier to the Indemnitee (the "Notice of Indemnity").
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Where a determination as described under clause _____ of this Agreement concludes that the Indemnitee's behaviour is not entitled to indemnification, this
create a presumption that the Indemnitee is not entitled to indemnification under this Agreement.
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Duration.
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This Agreement will continue
the Indemnitee is or will be subject to any possible claim or threatened, pending or completed action, suit or proceeding, whether civil, arbitrational, administrative or investigative that result from the participation of the Indemnitee in the Activity.
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Subrogation.
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Confidential Information.
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The Confidential Information will not include information that:
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The obligation to ensure and protect the confidentiality of the Confidential Information imposed on the parties in this Agreement and any obligation to provide notice under this Agreement will survive the expiration or termination, as the case may be, of this Agreement and will continue
from the date of such expiration or termination.
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Any Party may disclose any of the Confidential Information:
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Assignment.
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The rights and obligations of the Indemnifier as existing under this Agreement
be assigned in whole or in part to a third party , without the prior written consent of the Indemnitee.
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The rights and obligations of the Indemnitee as existing under this Agreement
be assigned in whole or in part to a third party , without the prior written consent of the Indemnifier.
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Notice.
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All notices or other communications shall be deemed given upon personal delivery to the appropriate address, or if sent by certified or registered mail,
days after the date of mailing to the following:
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To: Indemnifier.
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Individual Name:
.
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Phone:
.
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Email:
.
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To: Indemnitee.
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Individual Name:
.
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Phone:
.
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Email:
.
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Force Majeure.
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Notwithstanding the preceding, in the event such Force Majeure continues for a period of
consecutive months, either party shall have the right, but not the obligation, to serve a written notice on the other terminating this Agreement in full and each shall have no further obligation whatsoever to the other save that the Indemnifier or the Indemnitee shall continue to be obliged to make payments of monies due hereunder but not paid as at the date of termination.
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Applicable Law.
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This Agreement shall be governed by and construed in accordance with
law and the parties submit to the exclusive jurisdiction of the Courts of England and Wales with regard to any dispute or claim arising under this Agreement.
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Pronouns; Statutory References.
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Interpretation.
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References to this agreement.
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Exhibits.
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Severability.
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Paragraph Headings.
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Counterparts.
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Entire Agreement.
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SIGNED, SEALED AND DELIVERED
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SIGNED, SEALED AND DELIVERED
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