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Indemnity Agreement For Surety Bond
"I need an Indemnity Agreement for Surety Bond under Irish law for a large-scale construction project, where three joint venture partners will act as indemnitors for a €10M performance bond, with the agreement to take effect from March 1, 2025."
1. Parties: Identifies and defines all parties to the agreement: the Principal, Surety (usually a bank or insurance company), and Indemnitor(s)
2. Background: Sets out the context of the agreement, including reference to the underlying bond obligation and the purpose of the indemnity
3. Definitions: Defines key terms used throughout the agreement, including 'Bond', 'Loss', 'Claim', and 'Indemnified Amount'
4. Indemnification Obligations: Core section detailing the scope and nature of the indemnity, including what losses and expenses are covered
5. Payment Terms: Specifies when and how payments must be made under the indemnity, including timing and method of payment
6. Claims Procedure: Details the process for making claims under the indemnity, including notice requirements and documentation
7. Representations and Warranties: States the representations and warranties made by the Indemnitor regarding their capacity and authority
8. Security and Collateral: Outlines any security or collateral requirements to support the indemnity obligations
9. Duration and Termination: Specifies the term of the agreement and conditions for termination
10. Governing Law and Jurisdiction: Establishes Irish law as governing law and specifies jurisdiction for disputes
11. Execution: Formal execution blocks for all parties to sign
1. Multiple Indemnitors: Required when there is more than one indemnitor, establishing joint and several liability
2. Assignment and Transfer: Include when parties need the ability to assign or transfer their rights or obligations
3. Confidentiality: Include when sensitive commercial information needs protection
4. Financial Covenants: Include when ongoing financial requirements are imposed on the Indemnitor
5. Counter-Indemnity: Include when there are multiple layers of indemnity protection required
6. Step-In Rights: Include when the Surety requires rights to take over the underlying contract
7. Insurance Requirements: Include when specific insurance coverage must be maintained
1. Schedule 1 - Form of Bond: Copy or details of the surety bond being indemnified
2. Schedule 2 - Claim Notice Form: Standard form for making claims under the indemnity
3. Schedule 3 - Security Documents: Details of any security or collateral provided
4. Schedule 4 - Financial Information: Required financial statements or reports from Indemnitor
5. Appendix A - Power of Attorney: If required for execution or ongoing administration
6. Appendix B - Corporate Authorities: Corporate resolutions or authorizations for entering into the agreement
Authors
Construction
Financial Services
Insurance
Government Contracting
Infrastructure Development
Real Estate Development
Manufacturing
Energy
Transportation
Public Works
Mining
Telecommunications
Legal
Finance
Risk Management
Treasury
Procurement
Compliance
Operations
Commercial
Project Management
Credit Control
Corporate Governance
Business Development
Chief Financial Officer
Finance Director
Risk Manager
Legal Counsel
Contract Manager
Treasury Manager
Corporate Secretary
Commercial Director
Project Director
Construction Manager
Procurement Manager
Compliance Officer
Operations Director
Business Development Manager
Credit Manager
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