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Indemnity Bond Agreement
"I need an Indemnity Bond Agreement for my construction company acting as Principal Contractor, where our subcontractor will provide a $500,000 performance bond to guarantee their work on the Sydney Metro project starting March 2025."
1. Parties: Identifies and defines the Indemnitor (party providing the indemnity) and Indemnitee (party being indemnified)
2. Background: Sets out the context and purpose of the indemnity bond, including the underlying transaction or relationship
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Bond Amount: Specifies the maximum amount of the indemnity bond and any conditions affecting this amount
5. Scope of Indemnity: Details the specific risks, losses, or circumstances covered by the indemnity bond
6. Term and Duration: Specifies the effective period of the bond and any renewal provisions
7. Obligations of the Indemnitor: Lists all duties and responsibilities of the party providing the indemnity
8. Claims Process: Outlines the procedure for making and processing claims under the bond
9. Payment Terms: Specifies how and when payments must be made under the bond
10. Representations and Warranties: Contains statements of fact and promises made by both parties
11. Events of Default: Defines circumstances that constitute a breach of the agreement
12. Governing Law and Jurisdiction: Specifies the applicable law and courts that will handle disputes
13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Security Provisions: Required when additional security or collateral is provided to support the indemnity obligation
2. Counter-Indemnity: Used when there is a back-to-back indemnity arrangement with a third party
3. Insurance Requirements: Included when specific insurance coverage must be maintained by either party
4. Step-In Rights: Required when the Indemnitee needs the right to take over certain obligations or operations
5. Multiple Indemnitors: Necessary when more than one party is providing the indemnity, defining joint and several liability
6. Assignment and Transfer: Include when transfer rights need to be specifically addressed
7. Dispute Resolution: Optional detailed alternative dispute resolution procedures beyond court jurisdiction
8. Confidentiality: Required when sensitive information will be shared between parties
1. Schedule 1 - Bond Amount Calculation: Details the methodology for calculating the bond amount and any adjustments
2. Schedule 2 - Claim Form Template: Standard form for submitting claims under the indemnity bond
3. Schedule 3 - Supporting Documents: List of required documentation for bond activation or claims
4. Schedule 4 - Security Details: Description of any security or collateral provided
5. Appendix A - Authorized Representatives: List of persons authorized to act on behalf of each party
6. Appendix B - Notice Details: Contact information and prescribed methods for formal notices
7. Appendix C - Compliance Requirements: Specific regulatory or contractual compliance obligations
Authors
Applicable Law
Bond Amount
Business Day
Claim
Claim Notice
Collateral
Commencement Date
Confidential Information
Default Event
Effective Date
Encumbrance
Expiry Date
Force Majeure Event
Guaranteed Obligations
Indemnified Amount
Indemnified Party
Indemnifying Party
Indemnity Obligations
Insolvency Event
Loss
Material Adverse Change
Notice
Obligee
Payment Date
Principal
Related Body Corporate
Representative
Security
Security Interest
Subsidiary
Surety
Term
Trigger Event
Underlying Agreement
Valid Claim
Definitions
Interpretation
Bond Amount
Security
Indemnity Obligations
Payment Terms
Claims Procedure
Representations and Warranties
Covenants
Events of Default
Enforcement
Term and Termination
Assignment
Notices
Confidentiality
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Amendments
Entire Agreement
Severability
Counterparts
Further Assurance
Time of Essence
Costs and Expenses
Waiver
Set-off Rights
Third Party Rights
Electronic Execution
Regulatory Compliance
Reporting Requirements
Insurance
Default Interest
Security Release
Step-in Rights
Construction and Infrastructure
Financial Services
Insurance
Mining and Resources
Real Estate and Property Development
Manufacturing
Energy and Utilities
Transportation and Logistics
Professional Services
Government and Public Sector
Legal
Finance
Risk Management
Treasury
Compliance
Commercial
Operations
Credit
Insurance
Corporate Finance
Project Management
Chief Financial Officer
Legal Counsel
Risk Manager
Contract Manager
Project Director
Commercial Director
Treasury Manager
Company Secretary
Financial Controller
Compliance Officer
Business Development Manager
Operations Manager
Credit Manager
Insurance Manager
Corporate Finance Manager
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