Sample Tripartite Memorandum Agreement

Notwithstanding agreements 6, 7 and 8, this tripartite agreement between THE CLIENT, the contractor and the bank is automatically terminated by the transmission of a written notification to the Bank if the contracts are not renewed or terminated. This tripartite contract automatically ends at the end of the deadline (6). What is a tripartite agreement? A tripartite agreement is essentially just a document outlining the details of an agreement between three separate parties, for example. B in the case of a transaction between two parties in which a bank is guarantor of one of the parties. The bank agrees not to reach an agreement with another party on the implementation of the main responsibility for this tripartite agreement without the prior written approval of the CLIENT. PandaTip: Simply put, a tripartite agreement is an agreement between three parties. You could have a tripartite confidentiality agreement, a tripartite non-competition agreement – you call it. However, tripartite agreements are most common when banks are involved in a transaction. That is why we have taken a little free hand and created here a model for such a tripartite agreement. In this tripartite agreement, the bank acts as guarantor of the contractor and assumes certain obligations regarding the transaction between the contractor and the client. We have no doubt that this tripartite agreement will require some additional adjustments for your specific objective, as there are an infinite number of possibilities. Be sure to get the support of your legal counsel.

The bank, the contractor and the client agree that no person other than the contracting parties is intended to be the beneficiary of the tripartite agreement or agreements, nor that another person has rights arising from those parties. The CLIENT has a right of bet on the account credits to ensure the repayment of all funds in the account that are greater than any pledge or to the bank or entrepreneur eligible for that account. The bank and the contractor each agree to exercise good faith in order to limit all payments so as not to ensure that the accused`s monthly mandate is exceeded. In the event that assets or other withdrawals submitted or likely to be submitted to the account exceed the full monthly authorization of the monthly accreditation, the bank will make economically reasonable efforts to notify the CLIENT before [TIME ZONE] and increase the client`s monthly power of attorney within 48 hours from the date of the application to cover the surplus. If the CLIENT does not respond in a timely manner and the bank processes items in excess of the letter of credit, the bank may include all related fees and fees, plus interest, in its monthly pricing plan. As is the case here, the bank day means the part of each working day when a bank office is open to the public for the bulk of its banking functions. The contractor and the bank agree to notify each other within [numbers] of the notification of acts or omissions of which the party is informed, which are contrary to the tripartite agreement or which may be fraudulent or unauthorized. The Bank, the contractor and the client agree to comply with the provisions of the annexes or the additions of this tripartite agreement that are incorporated into it. Without any indication of cause or cause, the contractor or bank may terminate this tripartite agreement on the anniversary of the entry into force of the tripartite contract by informing the other two parties in writing (2) of the termination at least [NUMBER] days before the expiry of the term of the tripartite contract.

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