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Surety Indemnity Agreement Template for Austria

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Key Requirements PROMPT example:

Surety Indemnity Agreement

"I need a Surety Indemnity Agreement under Austrian law for a construction project where three corporate sureties will jointly guarantee a 鈧5 million loan to a property developer, with the guarantee period running until March 2025."

Document background
The Surety Indemnity Agreement is a crucial financial security instrument used in Austrian business and commercial transactions when one party (the surety provider) agrees to guarantee the obligations of another party (the principal debtor) and provide indemnification to the creditor. This document is commonly used in various contexts, including corporate financing, construction projects, and commercial leases, where additional security is required for significant financial commitments. The agreement must comply with Austrian legal requirements, particularly the ABGB's provisions on suretyship and indemnity, and may need to incorporate specific provisions from the Consumer Protection Act or Banking Act depending on the parties involved. It typically includes detailed sections on the scope of guaranteed obligations, trigger events for payment, enforcement procedures, and risk disclosures, making it an essential tool for risk management in commercial transactions.
Suggested Sections

1. Parties: Identification of all parties: Principal Debtor, Surety Provider, and Creditor

2. Background: Context of the underlying obligation and reason for the surety indemnity arrangement

3. Definitions: Key terms used throughout the agreement, including 'Secured Obligations', 'Principal Debt', and 'Indemnity Obligations'

4. Surety Obligation: Scope and nature of the surety obligation, including maximum amount and duration

5. Indemnity Undertaking: Terms of the indemnity provided by the surety provider

6. Representations and Warranties: Statements about the parties' capacity and authority to enter into the agreement

7. Payment Terms: Conditions and procedures for payment under the surety and indemnity obligations

8. Duration and Release: Term of the agreement and conditions for release from obligations

9. Enforcement: Procedures and rights for enforcing the surety and indemnity obligations

10. Notices: Communication requirements and contact details for formal notices

11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

Optional Sections

1. Security: Include when additional security is provided for the surety obligation

2. Consumer Protection Provisions: Required when one party is a consumer under Austrian law

3. Multiple Sureties: Include when there are multiple surety providers sharing the obligation

4. Assignment and Transfer: Include when rights under the agreement may be transferred

5. Bank Specific Provisions: Required when a bank is involved as per Banking Act requirements

6. Limitation of Liability: Include when parties agree to specific liability caps or limitations

Suggested Schedules

1. Schedule 1 - Secured Obligations: Detailed description of the underlying obligations covered by the surety

2. Schedule 2 - Payment Schedule: If applicable, schedule of payments under the principal debt

3. Schedule 3 - Security Documents: List and copies of related security documents if additional security is provided

4. Appendix A - Form of Demand: Standard form for making demands under the surety

5. Appendix B - Risk Disclosure: Mandatory risk disclosures, especially important for consumer sureties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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 and Financial Services

Construction and Real Estate

Manufacturing

Commercial Trade

Infrastructure Development

Professional Services

Retail

Energy and Utilities

Transportation and Logistics

Technology and Software

Relevant Teams

Legal

Finance

Risk Management

Treasury

Compliance

Commercial Operations

Credit Management

Corporate Secretariat

Business Development

Project Management

Relevant Roles

Legal Counsel

Chief Financial Officer

Risk Manager

Credit Manager

Commercial Director

Contract Manager

Treasury Manager

Financial Controller

Compliance Officer

Business Development Manager

Project Manager

Corporate Secretary

Banking Relationship Manager

Security Trustee

General Counsel

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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