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Indemnity Bond Agreement
"I need an Indemnity Bond Agreement under Hong Kong law for a construction project where my company (Golden Path Construction Ltd) will provide indemnity to ABC Development Corporation against potential structural defects and third-party claims, with a bond value of HKD 50 million effective from March 1, 2025."
1. Parties: Identifies and defines the Indemnitor(s) and Indemnitee(s) with their full legal names and addresses
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, including 'Indemnified Amounts', 'Triggering Events', and other relevant terms
4. Grant of Indemnity: Core provision detailing the scope and nature of the indemnity obligation
5. Duration: Specifies the term of the indemnity bond and any renewal provisions
6. Payment Terms: Details the mechanism and timing for payment of indemnified amounts
7. Conditions Precedent: Lists any conditions that must be satisfied before the indemnity becomes effective
8. Representations and Warranties: Standard declarations by the Indemnitor regarding capacity, authority, and financial condition
9. Covenants: Ongoing obligations of the Indemnitor, including maintenance of financial condition and reporting requirements
10. Events of Default: Specifies circumstances constituting default and consequences thereof
11. Notice Requirements: Procedures for making claims and providing notices under the agreement
12. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
13. Execution: Signature blocks and execution formalities
1. Security Arrangements: Include when additional security (such as charges over assets) is provided to support the indemnity
2. Multiple Indemnitors: Required when there are multiple parties providing the indemnity, detailing joint and several liability
3. Step-In Rights: Include when the Indemnitee has rights to take control of certain situations or assets
4. Insurance Requirements: Include when specific insurance coverage is required to support the indemnity
5. Third Party Rights: Include when rights under the agreement are intended to be enforceable by third parties
6. Assignment and Transfer: Include when transfer rights need to be specifically addressed
7. Counter-Indemnity: Include when there are back-to-back indemnity arrangements
8. Currency Provisions: Include for cross-border transactions involving multiple currencies
1. Schedule 1 - Defined Terms: Detailed definitions and interpretations
2. Schedule 2 - Form of Demand: Template for making claims under the indemnity
3. Schedule 3 - Secured Assets: List and description of any assets securing the indemnity obligations
4. Schedule 4 - Specified Events: Detailed list of triggering events that activate the indemnity obligation
5. Schedule 5 - Financial Covenants: Detailed financial maintenance requirements for the Indemnitor
6. Appendix A - Required Notices: Forms and templates for various required notices
7. Appendix B - Compliance Certificates: Template certificates for ongoing compliance reporting
Authors
Financial Services
Banking
Construction
Insurance
Real Estate
Infrastructure
Manufacturing
Trading
Shipping
Professional Services
Energy
Technology
Telecommunications
Legal
Finance
Risk Management
Compliance
Treasury
Commercial
Company Secretarial
Operations
Project Management
Credit Control
Chief Financial Officer
Chief Legal Officer
Chief Risk Officer
Financial Director
Legal Counsel
Risk Manager
Compliance Officer
Treasury Manager
Project Manager
Contract Manager
Commercial Director
Company Secretary
Security Trustee
Bond Administrator
Finance Manager
Operations Director
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