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Good Faith Deposit Contract
"I need a Good Faith Deposit Contract for a commercial property purchase in Mumbai, where my company will deposit 5% of the purchase price (₹50 lakhs) to secure the deal until the final purchase agreement is signed by March 2025."
1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, including reference to any underlying transaction and purpose of the good faith deposit
3. Definitions: Definitions of key terms used throughout the agreement
4. Deposit Amount and Payment: Specifies the deposit amount, payment method, and timing of the deposit
5. Purpose of Deposit: Clear statement of why the deposit is being made and what it secures
6. Holding of Deposit: Details of how and where the deposit will be held, including any interest arrangements
7. Release Conditions: Specific conditions under which the deposit will be released to either party
8. Forfeiture Conditions: Circumstances under which the deposit may be forfeited
9. Representations and Warranties: Basic representations by both parties regarding authority and capacity
10. Notices: Process and requirements for giving formal notices under the agreement
11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution requirements
1. Escrow Arrangements: Required if an escrow agent is holding the deposit, detailing the escrow agent's roles and responsibilities
2. Interest Provisions: Required if the deposit will earn interest and specifying how interest will be handled
3. Underlying Transaction: Detailed reference to related transaction documents when the deposit is part of a larger transaction
4. Tax Provisions: Required if there are specific tax implications or requirements related to the deposit
5. Force Majeure: Optional clause dealing with circumstances beyond parties' control affecting the deposit or underlying transaction
6. Confidentiality: Required if there are sensitive terms or information that need to be kept confidential
7. Assignment: Required if there's a need to restrict or permit transfer of rights under the agreement
8. Dispute Resolution: Optional detailed dispute resolution procedures beyond simple jurisdiction clause
1. Schedule 1 - Payment Details: Bank account details and payment instructions for the deposit
2. Schedule 2 - Release Mechanism: Detailed procedure and documentation required for release of the deposit
3. Schedule 3 - Related Transaction Documents: List and details of any underlying or related transaction documents
4. Schedule 4 - Authorized Representatives: List of authorized persons who can give instructions regarding the deposit
5. Appendix A - Form of Release Notice: Template for the formal notice requesting release of the deposit
6. Appendix B - Form of Receipt: Template for acknowledging receipt of the deposit
Authors
Real Estate
Mergers and Acquisitions
Construction
Manufacturing
Infrastructure Development
Commercial Leasing
Joint Ventures
Hospitality
Retail
Technology Services
Private Equity
Investment Banking
Legal
Finance
Treasury
Compliance
Risk Management
Business Development
Operations
Corporate Development
Procurement
Real Estate
Project Management
Legal Counsel
Corporate Lawyer
Transaction Manager
Chief Financial Officer
Finance Director
Business Development Manager
Real Estate Manager
Procurement Manager
Contract Administrator
Compliance Officer
Treasury Manager
Investment Manager
Project Manager
Operations Director
Risk Manager
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