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Collateral Warranty Agreement
"I need a Collateral Warranty Agreement under Saudi law for a large-scale residential development in Riyadh, where the main contractor will provide warranties to both the project funder and future apartment purchasers, with professional indemnity insurance coverage of at least SAR 10 million."
1. Parties: Identification of all parties to the agreement including the beneficiary, contractor/consultant, and employer
2. Background: Context of the primary contract and explanation of why the warranty is being provided
3. Definitions: Definitions of key terms used throughout the agreement, including reference to the primary contract
4. Warranty Obligations: Core warranties being provided, including professional skill, care, and compliance with the primary contract
5. Duration of Liability: Period during which the warranty obligations remain effective
6. Step-in Rights: Rights of the beneficiary to step into the primary contract in case of employer default or termination
7. Assignment and Third Party Rights: Provisions regarding the transfer of rights under the warranty and limitations on third party rights
8. Liability and Insurance: Extent of liability and required insurance coverage
9. Notices: Procedures for serving notices under the agreement
10. Governing Law and Jurisdiction: Confirmation of Saudi law as governing law and jurisdiction for disputes
11. Execution: Formal execution block complying with Saudi legal requirements
1. Copyright License: Required when the warranted works include intellectual property rights that need to be licensed
2. Deleterious Materials: Specific warranties regarding non-use of prohibited or harmful materials, particularly relevant for construction projects
3. Professional Indemnity Insurance: Detailed insurance requirements, particularly relevant for professional consultants
4. Payment Provisions: Required when there is direct payment between the beneficiary and the warrantor
5. Confidentiality: Required when sensitive information is involved or for high-value projects
6. Force Majeure: Specific provisions for unforeseen events, particularly relevant for long-term warranties
7. Zakat and Tax: Required when there are specific tax implications or requirements
1. Schedule 1 - Primary Contract Extract: Relevant extracts from the primary contract that are referenced in the warranty
2. Schedule 2 - Services/Works Description: Detailed description of the services or works being warranted
3. Schedule 3 - Professional Indemnity Insurance Details: Specific requirements for professional indemnity insurance including limits and duration
4. Schedule 4 - Form of Notice of Assignment: Template for notification of assignment of warranty rights
5. Appendix A - Authorized Signatories: List of authorized signatories and their powers in accordance with Saudi requirements
6. Appendix B - Project Details: Specific details of the project to which the warranty relates
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Development
Healthcare Facilities
Education Facilities
Retail Development
Hospitality
Mixed-use Development
Legal
Construction
Commercial
Project Management
Risk Management
Property Management
Technical
Procurement
Compliance
Finance
Operations
Legal Counsel
Contract Manager
Project Director
Construction Manager
Development Manager
Risk Manager
Commercial Director
Technical Director
Chief Legal Officer
Project Manager
Quantity Surveyor
Property Manager
Facilities Manager
Investment Manager
Finance Director
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