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Collateral Warranty Agreement
"I need a Collateral Warranty Agreement for a luxury residential development project in Manila, where the main contractor will provide warranties to both the development's financier and future unit purchasers, with the agreement to take effect from March 2025."
1. Parties: Identifies all parties to the agreement including the beneficiary, warrantor, and security provider
2. Background: Sets out the context of the agreement, including reference to the primary contract and the need for collateral warranty
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Warranty Obligations: Details the specific warranties being provided, including scope and duration
5. Security Arrangements: Specifies the collateral being provided, including description, value, and maintenance requirements
6. Duration of Warranty: Specifies the term of the warranty and any conditions affecting its duration
7. Assignment and Third Party Rights: Sets out rules for assignment of rights and benefits under the warranty
8. Liability and Limitations: Defines the extent and limitations of liability under the warranty
9. Notice Requirements: Specifies procedures for giving notices under the agreement
10. Governing Law and Jurisdiction: Confirms Philippine law as governing law and establishes jurisdiction for disputes
1. Step-In Rights: Optional section for cases where the beneficiary may need to step in and take over certain obligations or rights
2. Insurance Requirements: Required when specific insurance coverage must be maintained for the collateral
3. Copyright License: Needed when the warranty involves intellectual property rights
4. Professional Indemnity Insurance: Required for professional services-related warranties
5. Dispute Resolution: Optional detailed procedures for resolving disputes, including mediation or arbitration provisions
6. Deleterious Materials: Required for construction-related warranties to address hazardous materials
7. Performance Bonds: Optional section when additional performance security is required
1. Schedule 1 - Primary Contract: Copy or relevant extracts of the primary contract being warranted
2. Schedule 2 - Collateral Description: Detailed description and specifications of the collateral being provided
3. Schedule 3 - Form of Notice of Assignment: Template for notices of assignment if rights are to be assigned
4. Schedule 4 - Security Documents: Forms and details of security arrangements
5. Schedule 5 - Insurance Requirements: Detailed insurance specifications and requirements
6. Appendix A - Scope of Services/Works: Detailed description of the services or works covered by the warranty
7. Appendix B - Technical Specifications: Technical details and standards applicable to the warranty obligations
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Industrial Development
Professional Services
Engineering
Architecture
Project Management
Financial Services
Legal
Contracts
Project Management
Commercial
Risk and Compliance
Operations
Finance
Property Management
Technical Services
Business Development
Legal Counsel
Contract Manager
Project Director
Development Manager
Construction Manager
Risk Manager
Commercial Director
Finance Director
Property Manager
Technical Director
Compliance Officer
Operations Manager
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