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Bond Indemnity Agreement
"I need a Bond Indemnity Agreement under Hong Kong law for a construction project where ABC Construction Limited will indemnify XYZ Bank against a performance bond worth HKD 50 million, to be effective from March 2025."
1. Parties: Identifies the indemnitor(s), the beneficiary of the indemnity, and any other relevant parties
2. Background: Sets out the context of the underlying bond obligation and reason for the indemnity
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. The Bond: Describes the underlying bond, its purpose, and obligations
5. Indemnity: Core indemnity provisions, scope, and trigger events
6. Payment Provisions: Terms for making payments under the indemnity, including timing and method
7. Representations and Warranties: Standard representations about capacity, authority, and enforceability
8. Continuing Security: Establishes the indemnity as continuing security until obligations are discharged
9. Costs and Expenses: Allocation of costs related to preparation, enforcement, and amendments
10. Notices: Process for giving notices under the agreement
11. Assignment and Transfer: Restrictions on transfer of rights and obligations
12. Governing Law and Jurisdiction: Specifies Hong Kong law and jurisdiction provisions
1. Multiple Indemnitors: Required when there is more than one indemnitor, addressing joint and several liability
2. Additional Security: Include when the indemnity is supported by additional security such as charges or guarantees
3. Currency Provisions: Required for cross-border transactions involving multiple currencies
4. Set-off Rights: Optional provisions allowing set-off of amounts between parties
5. Trust Provisions: Required when the beneficiary holds the indemnity on trust for others
6. Priority Arrangements: Include when there are multiple security or indemnity arrangements requiring priority rules
7. Electronic Execution: Required if agreement will be executed electronically under Hong Kong law
1. Form of Bond: Copy or key terms of the underlying bond
2. Payment Details: Bank account and payment processing information
3. Conditions Precedent: List of documents and conditions required before effectiveness
4. Notice Details: Contact information for all parties for formal notices
5. Form of Demand: Template for making demands under the indemnity
6. Additional Security Documents: Forms of any additional security being provided
7. Authorized Signatories: List of persons authorized to act under the agreement
Authors
Authorized Representative
Bond
Bond Amount
Bond Facility
Business Day
Claim
Companies Registry
Default Interest Rate
Demand
Effective Date
Encumbrance
Event of Default
Finance Documents
Financial Indebtedness
Group
Group Company
Hong Kong
HK$
Indemnified Party
Indemnitor
Insolvency Event
Law
Losses
Material Adverse Effect
Notice
Obligor
Payment Currency
Permitted Security
Principal Obligation
Relevant Documents
Security
Security Interest
Secured Obligations
Stamp Duty
Subsidiary
Tax
Term
Transaction Documents
Trust Property
Underlying Contract
Definitions
Indemnity
Payment Obligations
Representations and Warranties
Covenants
Security
Continuing Security
Further Assurance
Power of Attorney
Events of Default
Enforcement
Currency
Set-off
Tax Gross-up
Costs and Expenses
Assignments and Transfers
Amendments and Waivers
Severability
Notices
Counterparts
Third Party Rights
Confidentiality
Force Majeure
Governing Law
Jurisdiction
Service of Process
Construction and Infrastructure
Real Estate Development
Financial Services
Insurance
Manufacturing
International Trade
Public Procurement
Energy and Utilities
Transportation
Telecommunications
Legal
Finance
Treasury
Risk Management
Compliance
Commercial
Credit
Corporate Banking
Project Management
Company Secretarial
Chief Financial Officer
Treasury Manager
Legal Counsel
Company Secretary
Risk Manager
Contract Manager
Project Director
Finance Director
Commercial Director
Credit Manager
Compliance Officer
Corporate Banking Manager
Trade Finance Manager
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