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Deed Of Indemnity Bond
"I need a Deed of Indemnity Bond under German law for our construction company (Schmidt GmbH) to protect our client against potential structural defects in their new office building, with coverage up to €5 million, effective from March 1, 2025."
1. Parties: Identification of the Indemnitor (party providing the indemnity) and Indemnitee (party receiving the protection), including their full legal names, addresses, and registration details if companies
2. Background: Context of the indemnity bond, including the underlying transaction or relationship necessitating the indemnity
3. Definitions: Clear definitions of key terms used throughout the document, including 'Indemnified Matter', 'Loss', 'Claim', and other relevant terms
4. Grant of Indemnity: The core provision establishing the indemnity obligation, clearly stating what risks or losses are covered
5. Scope of Indemnity: Detailed description of what is and isn't covered by the indemnity, including any limitations or exclusions
6. Duration: The term of the indemnity bond, including start date and any expiry conditions
7. Claims Procedure: Process for making claims under the indemnity, including notice requirements and time limits
8. Payment Terms: Terms regarding how and when payments under the indemnity must be made
9. Representations and Warranties: Statements of fact and promises made by the parties regarding their capacity and authority
10. Governing Law and Jurisdiction: Confirmation of German law as governing law and specification of jurisdiction for disputes
11. Execution: Formal execution blocks complying with German law requirements
1. Security: Include when additional security is provided to support the indemnity obligation
2. Step-In Rights: Include when the Indemnitor has the right to take over defense or settlement of claims
3. Insurance: Include when specific insurance requirements are imposed on either party
4. Assignment: Include when transfer rights need to be specifically addressed
5. Third Party Rights: Include when third parties may have rights under the indemnity
6. Currency Provisions: Include for cross-border transactions involving multiple currencies
7. Tax Provisions: Include when tax implications need to be specifically addressed
8. Force Majeure: Include when certain events should excuse performance
1. Schedule 1 - Specified Risks: Detailed list of risks or matters covered by the indemnity
2. Schedule 2 - Claim Form: Standard form for making claims under the indemnity
3. Schedule 3 - Security Details: Details of any security provided (if applicable)
4. Schedule 4 - Authorized Representatives: List of persons authorized to act under the bond
5. Appendix A - Related Agreements: Copies or details of related agreements referenced in the bond
6. Appendix B - Power of Attorney: If required for execution or claims handling
Authors
Banking and Financial Services
Construction and Real Estate
Manufacturing
Energy and Utilities
Infrastructure Development
Insurance
Mining and Natural Resources
Transportation and Logistics
Technology and Software
Telecommunications
Legal
Finance
Risk Management
Treasury
Compliance
Commercial Operations
Project Management
Corporate Governance
Business Development
Operations
Legal Counsel
Chief Financial Officer
Risk Manager
Commercial Director
Project Manager
Contract Manager
Treasury Manager
Corporate Secretary
Compliance Officer
Business Development Director
Finance Director
Operations Director
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