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Contract Of Indemnity And Guarantee Template for Saudi Arabia

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Key Requirements PROMPT example:

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."

Document background
The Contract of Indemnity and Guarantee serves as a crucial legal instrument in Saudi Arabian commercial and financial transactions, providing security and assurance in various business relationships. This document is typically used when one party needs to guarantee the performance or payment obligations of another party, common in scenarios such as project financing, commercial loans, construction contracts, or corporate group arrangements. The contract must strictly comply with Islamic Shariah principles and Saudi Arabian law, particularly avoiding any elements of riba (interest) or gharar (uncertainty). It includes detailed provisions on the scope of the guarantee, triggering events, demand procedures, and enforcement mechanisms. The document is especially relevant in the current Saudi Arabian business environment, where major infrastructure and development projects often require robust guarantee mechanisms.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 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

Banking & Financial Services

Construction & Infrastructure

Real Estate

Manufacturing

Trading & Commerce

Insurance

Energy & Utilities

Telecommunications

Healthcare

Transportation & Logistics

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Commercial

Corporate Secretariat

Credit Control

Business Development

Operations

Relevant Roles

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

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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