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Risk Transfer Agreement
"Need a Risk Transfer Agreement to transfer operational risks from our manufacturing plant to a specialist risk management company, with specific focus on equipment failure and supply chain disruptions, to be effective from March 2025."
1. Parties: Identification of transferor and transferee, including legal status and addresses
2. Background: Context of the risk transfer arrangement and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including regulatory and risk-specific terminology
4. Risk Transfer Scope: Detailed description of risks being transferred, including specific risk categories and exclusions
5. Consideration: Financial terms and payment details, including payment schedule and calculation methodology
6. Duration: Term of the agreement, renewal provisions, and termination conditions
7. Representations and Warranties: Standard assurances from both parties regarding authority, compliance, and disclosure
8. Claims Process: Procedures for making and handling claims, including notification requirements and timeframes
9. Governing Law: Specification of applicable law and jurisdiction
1. Regulatory Compliance: Specific regulatory requirements and compliance obligations when regulated industries are involved
2. Collateral Requirements: Security arrangements and collateral obligations when additional security is required
3. Step-In Rights: Rights to intervene in certain circumstances for complex risk transfer arrangements
4. Force Majeure: Provisions for extraordinary events that may affect the risk transfer arrangement
5. Dispute Resolution: Alternative dispute resolution procedures and arbitration provisions
1. Schedule A - Schedule of Risks: Detailed listing of specific risks being transferred, including categorization and valuation
2. Schedule B - Financial Terms: Detailed payment terms, calculations, adjustments, and financial obligations
3. Schedule C - Claims Procedures: Detailed process for making and handling claims, including required documentation
4. Schedule D - Reporting Requirements: Required reports, their frequency, and content specifications
5. Schedule E - Compliance Requirements: Specific regulatory and compliance obligations applicable to the risk transfer
Authors
Applicable Law
Business Day
Claims
Commencement Date
Consideration
Effective Date
Excluded Risks
Force Majeure Event
Indemnification
Insurance Period
Loss
Material Adverse Change
Notice
Parties
Premium
Regulatory Authority
Risk Portfolio
Risk Transfer
Specified Risks
Term
Territory
Transfer Date
Transferee
Transferor
Trigger Event
Underlying Risk
Valuation Date
Working Hours
Consideration and Payment
Representations and Warranties
Indemnification
Term and Termination
Claims Procedures
Reporting Requirements
Confidentiality
Force Majeure
Regulatory Compliance
Dispute Resolution
Governing Law
Assignment
Notices
Amendments
Severability
Entire Agreement
Subrogation Rights
Risk Assessment
Loss Notification
Collateral Requirements
Step-In Rights
Audit Rights
Insurance Requirements
Change of Control
Material Adverse Change
Further Assurance
Counterparts
Third Party Rights
Waiver
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