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Indemnity Bond Agreement
"I need an Indemnity Bond Agreement under Dutch law for a large construction project where our parent company will indemnify the project owner against contractor performance risks, with the bond to be effective from March 1, 2025, and including specific provisions for multiple subcontractors."
1. Parties: Identification of the Indemnitor (party providing the indemnity) and the Indemnitee (party receiving the protection)
2. Background: Context of the indemnity bond, including the underlying transaction or relationship necessitating the indemnity
3. Definitions: Definitions of key terms used throughout the agreement
4. Indemnity Obligation: Core section detailing the scope and nature of the indemnity obligation
5. Term and Duration: Period for which the indemnity remains valid and any renewal provisions
6. Conditions Precedent: Any conditions that must be satisfied before the indemnity becomes effective
7. Claims Procedure: Process for making and handling indemnity claims
8. Payment Terms: Timing and method of indemnity payments
9. Representations and Warranties: Statements of fact and assurances from the Indemnitor
10. Security and Collateral: Any security or collateral provided to support the indemnity obligation
11. Events of Default: Circumstances constituting default and consequences thereof
12. Termination: Circumstances under which the agreement can be terminated
13. Governing Law and Jurisdiction: Confirmation of Dutch law as governing law and jurisdiction for disputes
14. Notices: Process for formal communications between parties
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Multiple Indemnitors: Required when there is more than one party providing the indemnity, defining joint and several liability
2. Specific Exclusions: When certain risks or events need to be explicitly excluded from the indemnity coverage
3. Counter-Indemnity: When there is a need for back-to-back indemnity arrangements
4. Insurance Requirements: When specific insurance coverage must be maintained by the Indemnitor
5. Assignment and Transfer: When rights under the indemnity bond need to be transferable
6. Third Party Rights: When third parties are intended to benefit from or enforce the indemnity
7. Currency Provisions: Required for cross-border transactions involving multiple currencies
1. Schedule 1 - Form of Demand: Template for making formal demands under the indemnity
2. Schedule 2 - Secured Assets: List and description of any assets provided as security
3. Schedule 3 - Specific Indemnified Events: Detailed list of events or circumstances covered by the indemnity
4. Schedule 4 - Contact Details: Detailed contact information for notices and communications
5. Appendix A - Supporting Documents: Copies of relevant underlying agreements or documents
6. Appendix B - Corporate Authorizations: Evidence of authority to enter into the indemnity bond
Authors
Banking and Financial Services
Construction and Infrastructure
Insurance
Real Estate
Manufacturing
Energy and Utilities
International Trade
Shipping and Maritime
Mining and Resources
Professional Services
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretariat
Commercial
Project Management
Credit Risk
Operations
Chief Financial Officer
Legal Counsel
Risk Manager
Treasury Manager
Corporate Finance Director
Compliance Officer
Contract Manager
Project Director
Finance Director
Company Secretary
General Counsel
Credit Risk Officer
Senior Legal Manager
Commercial Director
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