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Contract Of Indemnity And Guarantee
"I need a Contract of Indemnity and Guarantee under Qatar law for our construction project, where our parent company will guarantee the performance obligations of our subsidiary company for a new hotel development project valued at 50 million QAR, with the guarantee period running until March 2025."
1. Parties: Identification of all parties including the Indemnifier/Guarantor, the Beneficiary, and the Principal Debtor
2. Background: Context of the guarantee/indemnity, including the underlying transaction or obligation being guaranteed
3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Indemnified Amount', and 'Enforcement Event'
4. Guarantee: The primary guarantee provisions, including scope, limitations, and conditions of the guarantee
5. Indemnity: The indemnity obligations, including trigger events and extent of coverage
6. Nature of Guarantee and Indemnity: Specification that the obligations are primary and independent, not secondary or contingent
7. Payment Provisions: Terms regarding timing, method, and currency of payments under the guarantee/indemnity
8. Representations and Warranties: Statements of fact and assurances from the Guarantor/Indemnifier
9. Preservation of Rights: Provisions ensuring the guarantee/indemnity remains valid despite changes to underlying obligations
10. Enforcement: Mechanisms and procedures for enforcing the guarantee/indemnity
11. Notices: Communication requirements and contact details for all parties
12. Governing Law and Jurisdiction: Confirmation of Qatar law governance and jurisdiction of Qatar courts
1. Security: Include when additional security is provided to support the guarantee/indemnity
2. Counter-Indemnity: Include when the Principal Debtor is required to indemnify the Guarantor
3. Multiple Guarantors: Include when there are multiple guarantors to address joint and several liability
4. Assignment and Transfer: Include when rights under the guarantee/indemnity may be transferred
5. Currency Provisions: Include for international transactions involving multiple currencies
6. Step-In Rights: Include when the Guarantor has rights to take over the underlying obligation
7. Costs and Expenses: Include when specific provisions about legal and enforcement costs are needed
1. Form of Demand: Template for making a demand under the guarantee/indemnity
2. Guaranteed Obligations: Detailed description of the obligations being guaranteed
3. Security Documents: List and copies of any related security documents
4. Contact Details: Comprehensive contact information for all parties
5. Underlying Agreement: Copy or summary of the agreement being guaranteed
6. Payment Details: Bank account and payment instruction details
Authors
Banking and Financial Services
Construction and Infrastructure
Real Estate
Oil and Gas
Manufacturing
Trading and Commerce
Telecommunications
Hospitality
Retail
Transportation and Logistics
Legal
Finance
Risk Management
Treasury
Commercial
Compliance
Corporate Secretariat
Credit Control
Project Management
Business Development
Legal Counsel
Chief Financial Officer
Risk Manager
Commercial Director
Contract Manager
Company Secretary
Treasury Manager
Credit Manager
Compliance Officer
Project Director
Finance Director
Corporate Affairs Manager
Business Development Manager
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