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Gap Indemnity Agreement
"I need a Gap Indemnity Agreement for a residential property purchase in Auckland, with settlement scheduled for March 15, 2025, covering a gap period of up to 5 business days and an indemnity amount of NZD 850,000."
1. Parties: Identification of all parties to the agreement, including the indemnifier (usually a financial institution) and the indemnified party
2. Background: Context of the agreement, including details of the property transaction and the need for gap indemnity
3. Definitions: Key terms used throughout the agreement, including 'Gap Period', 'Settlement', 'Registration', 'Indemnified Amount'
4. Indemnity Coverage: Core section detailing the scope and extent of the indemnity protection provided
5. Duration: Specifies the period of coverage, typically from settlement to registration
6. Indemnifier's Obligations: Detailed obligations of the party providing the indemnity
7. Indemnified Party's Obligations: Requirements and obligations of the party receiving the indemnity protection
8. Claims Process: Procedures for making and processing claims under the indemnity
9. Limitation of Liability: Specific limitations and exclusions to the indemnity coverage
10. Termination: Circumstances and processes for ending the agreement
11. General Provisions: Standard contractual provisions including governing law, notices, and amendments
1. Multiple Properties: Additional provisions for when the indemnity covers multiple properties in a single transaction
2. Third Party Rights: Provisions addressing the rights of third parties who may have interests in the property
3. Insurance Requirements: Specific insurance obligations if required alongside the indemnity
4. Assignment: Provisions for transferring rights under the agreement, if permitted
5. Dispute Resolution: Detailed dispute resolution procedures beyond standard litigation
6. Force Majeure: Provisions for handling extraordinary events affecting registration
7. Confidentiality: Specific confidentiality requirements if dealing with sensitive commercial transactions
1. Property Details: Detailed description of the property/properties covered by the indemnity
2. Fee Schedule: Details of any fees or charges associated with the indemnity
3. Claim Form: Standard form for submitting claims under the indemnity
4. Required Documents: List of documents required for settlement and registration
5. Excluded Risks: Detailed list of specific risks excluded from the indemnity coverage
Authors
Banking & Financial Services
Real Estate
Legal Services
Insurance
Property Development
Mortgage Lending
Construction
Commercial Property
Legal
Real Estate
Property Management
Risk & Compliance
Lending Operations
Settlement Operations
Conveyancing
Property Services
Title Services
Property Lawyer
Conveyancing Manager
Real Estate Agent
Mortgage Broker
Bank Manager
Property Manager
Risk Manager
Legal Counsel
Compliance Officer
Settlement Officer
Title Officer
Property Development Manager
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