Indemnity Agreement For Surety Bond Generator for England and Wales

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Key Requirements PROMPT example:

Indemnity Agreement For Surety Bond

"I need an Indemnity Agreement For Surety Bond to cover a £5 million construction performance bond for our new development project in Manchester, with our parent company acting as additional indemnitor alongside our main operating company."

Document background
An Indemnity Agreement For Surety Bond is essential when a party requires a surety bond but the bond issuer needs protection against potential claims. This agreement, governed by English and Welsh law, creates a legally enforceable obligation for the principal to reimburse the surety for any payments made under the bond. It typically includes details of the underlying bond, indemnification scope, payment terms, and any security arrangements. The agreement is commonly used in construction projects, government contracts, and financial transactions where surety bonds are required as security.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement including Indemnitor and Indemnitee

2. Background: Explains context of the surety bond and reason for indemnity

3. Definitions: Defines key terms used throughout the agreement including Bond, Principal, Surety, and Indemnity Obligations

4. Indemnity Obligations: Details scope and extent of indemnification, including triggering events and coverage

5. Payment Terms: Specifies timing and method of payments, including reimbursement procedures

6. Duration: Defines term of the indemnity agreement and conditions for termination

7. Representations and Warranties: Standard representations and warranties from both parties

8. Governing Law and Jurisdiction: Specifies English and Welsh law as governing law and relevant jurisdiction

Optional Sections

1. Security Provisions: Additional security requirements and collateral arrangements when required by the surety

2. Assignment: Rights and restrictions regarding assignment of the agreement to third parties

3. Counter-Indemnity: Provisions for counter-indemnification when multiple parties share indemnity obligations

4. Notice Requirements: Specific procedures for providing notices between parties

5. Subrogation Rights: Details of surety's rights of subrogation and related procedures

Suggested Schedules

1. Schedule 1 - The Bond: Copy of the surety bond being indemnified, including all terms and conditions

2. Schedule 2 - Security Documents: Details of any security or collateral provided under the agreement

3. Schedule 3 - Payment Schedule: Detailed payment terms, conditions, and procedures if complex arrangements are involved

4. Appendix A - Corporate Authorizations: Required corporate approvals, resolutions, and authority documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Contracts (Rights of Third Parties) Act 1999: Governs third-party rights under the indemnity agreement, determining who can enforce rights under the contract even if they are not a direct party to it

Limitation Act 1980: Establishes statutory time limits for bringing claims and determines the enforcement periods of the indemnity

Statute of Frauds 1677: Historic legislation requiring certain contracts, including guarantees and indemnities, to be made in writing to be enforceable

Common Law Contract Principles: Fundamental principles including offer, acceptance, consideration, and intention to create legal relations that form the basis of contract formation

Indemnity Law Principles: Specific legal principles governing indemnities, including distinction from guarantees, rights of subrogation, and scope of coverage

Financial Services and Markets Act 2000: Regulatory framework for financial services activities, relevant if the surety bond relates to regulated activities

Companies Act 2006: Primary legislation governing corporate entities, covering corporate capacity, authority, directors' duties, and registration requirements

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts, particularly regarding exclusion clauses and the requirement for reasonableness

Consumer Rights Act 2015: Protects consumer interests and applies additional requirements if one party to the agreement is a consumer

Money Laundering Regulations 2017: Regulatory requirements for financial transactions and due diligence, relevant for financial aspects of the agreement

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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