Montana General Guaranty and Indemnification Agreement

State:
Multi-State
Control #:
US-00525
Format:
Word; 
Rich Text
Instant download

Description

This form states that the guarantor does covenant and agree to defend, indemnify and hold harmless, absolutely and unconditionally,the seller from and against any and all damages, losses, claims, demands, actions, causes of actions, costs, expenses, liabilities and obligations of any kind whatsoever, including, but not limited to, attorney's fees.
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FAQ

Guaranty Agreement a two-party contract in which the first party agrees to perform in the event that a second party fails to perform. Unlike a surety, a guarantor is only required to perform after the obligee has made every reasonable and legal effort to force the principal's performance.

A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a contract of indemnity. Illustration.

The surety is the guarantee of the debts of one party by another. A surety is an organization or person that assumes the responsibility of paying the debt in case the debtor policy defaults or is unable to make the payments. The party that guarantees the debt is referred to as the surety, or as the guarantor.

Right to indemnity. Once the guarantor pays the beneficiary under the terms of the guarantee, it has a right to claim indemnity from the principal provided that the guarantee was given at the principal's request.

The guarantor, an insurer or a bank, promises the same performance as the principal debtor. The object of a surety is therefore the performance of the obligation towards the principal. The guarantor is only obliged to do so within the limits of the main obligation.

In order to determine the extent of the guarantor's liability, it is necessary to refer to the distinction between a guarantee that is an undertak- ing by the guarantor that the principal debtor will perform, and one which is a conditional agreement that upon the default of the principal debtor the guarantor undertakes

An indemnity agreement is a contract that protect one party of a transaction from the risks or liabilities created by the other party of the transaction. Hold harmless agreement, no-fault agreement, release of liability, or waiver of liability are other terms for an indemnity agreement.200c

An indemnity is a contract by one party to keep the other harmless against loss, but a contract of guarantee is a contract to answer for the debt, default or miscarriage of another who is to be primarily liable to the promisee .

Indemnity is when one party promises to compensate the loss occurred to the other party, due to the act of the promisor or any other party. On the other hand, the guarantee is when a person assures the other party that he/she will perform the promise or fulfill the obligation of the third party, in case he/she default.

Differences between guarantees and indemnitiesa guarantee is a secondary liability, which means that there will be another person who is primarily liable for the obligation; whereas, an indemnity imposes a primary liability.

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Montana General Guaranty and Indemnification Agreement