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Contract Of Indemnity And Guarantee
"I need a Contract of Indemnity and Guarantee under Saudi law where my company acts as guarantor for our subsidiary's performance obligations in a major construction project, with a guarantee limit of 50 million SAR and validity until March 2025."
1. Parties: Identification of the Guarantor(s), Principal Debtor, and Beneficiary
2. Background: Context of the guarantee/indemnity, including reference to the primary obligation being guaranteed
3. Definitions and Interpretation: Key terms used in the agreement and rules of interpretation
4. Guarantee and Indemnity: Core provisions detailing the guarantee and indemnity obligations
5. Scope of Guarantee: Extent and limitations of the guarantee coverage
6. Duration: Term of the guarantee and conditions for termination
7. Demands and Payments: Process for making demands under the guarantee and payment obligations
8. Representations and Warranties: Statements of fact and assurances by the Guarantor
9. Continuing Security: Provisions establishing the guarantee as a continuing obligation
10. Preservation of Rights: Protection of the Beneficiary's rights and remedies
11. Shariah Compliance: Specific provisions ensuring compliance with Islamic law principles
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Application of Saudi law and jurisdiction of Saudi courts
14. Execution: Signature blocks and execution formalities
1. Multiple Guarantors: Additional provisions for cases involving more than one guarantor, including joint and several liability
2. Security Provisions: Specific security arrangements where the guarantee is backed by specific assets
3. Counter-Indemnity: Provisions for counter-indemnity from the Principal Debtor to the Guarantor
4. Currency Provisions: Required when guarantee involves multiple currencies or cross-border elements
5. Assignment and Transfer: Provisions allowing or restricting the transfer of rights under the guarantee
6. Power of Attorney: Optional authorization provisions for specific actions
7. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee
1. Form of Demand: Template for making demands under the guarantee
2. Guaranteed Obligations: Detailed description of the obligations being guaranteed
3. Security Assets: List and details of any assets securing the guarantee
4. Authorized Signatories: List of persons authorized to act under the guarantee
5. Required Documents: List of supporting documents required for guarantee execution
6. Specimen Signatures: Signature specimens of authorized signatories
7. Payment Instructions: Banking and payment details for guarantee payments
Authors
Banking & Financial Services
Construction & Infrastructure
Real Estate
Manufacturing
Trading & Commerce
Insurance
Energy & Utilities
Telecommunications
Healthcare
Transportation & Logistics
Legal
Finance
Risk Management
Compliance
Treasury
Commercial
Corporate Secretariat
Credit Control
Business Development
Operations
Chief Legal Officer
Legal Director
Corporate Lawyer
Chief Financial Officer
Finance Director
Risk Manager
Compliance Officer
Commercial Director
Contract Manager
Treasury Manager
Company Secretary
Senior Legal Counsel
Financial Controller
Credit Risk Officer
Business Development Director
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