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Indemnity Bond Agreement Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Indemnity Bond Agreement serves as a critical risk management tool in various commercial and financial transactions under Hong Kong law. It is commonly used in construction projects, financial transactions, corporate restructurings, and commercial arrangements where parties seek to allocate risk and provide financial security. The document typically outlines the scope of indemnity, payment obligations, enforcement mechanisms, and any additional security arrangements. This agreement type is particularly relevant in Hong Kong's business environment, where it provides a legally enforceable mechanism for risk mitigation while complying with local regulatory requirements and common law principles. The agreement must be carefully structured to ensure compliance with Hong Kong's Contract and Rights of Third Parties Ordinance, Companies Ordinance, and other relevant legislation.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

Relevant legal definitions


















































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Relevant Industries

Financial Services

Banking

Construction

Insurance

Real Estate

Infrastructure

Manufacturing

Trading

Shipping

Professional Services

Energy

Technology

Telecommunications

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Commercial

Company Secretarial

Operations

Project Management

Credit Control

Relevant Roles

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

Industries







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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