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Gap Indemnity Agreement Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Gap Indemnity Agreement serves as a critical risk management tool in New Zealand property transactions. It is typically required when there is a time difference between the settlement of a property transaction and the registration of title transfer in the land registry system. This document becomes particularly relevant in situations involving complex property transfers, multiple parties, or when immediate registration is not possible. The agreement details the indemnifier's obligations to protect against risks during this period, the scope of coverage, and claim procedures. It operates within the framework of New Zealand property law and financial regulations, providing security to both purchasers and lenders. The Gap Indemnity Agreement has become increasingly important in modern property transactions where electronic settlements are common but registration gaps still exist.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





























Clauses





















Relevant Industries

Banking & Financial Services

Real Estate

Legal Services

Insurance

Property Development

Mortgage Lending

Construction

Commercial Property

Relevant Teams

Legal

Real Estate

Property Management

Risk & Compliance

Lending Operations

Settlement Operations

Conveyancing

Property Services

Title Services

Relevant Roles

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

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

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