INDEMNIFICATION AGREEMENT -- REPLACEMENT CASHIERS
CHECK
Agreement made on ____________ (date), between
__________________ (bank customer), of ______________________ (address),
__________________ (city), _____________ (county), __________________ (state),
referred to as customer, and __________________ (bank), of
_______________________________ (address),
__________________ (city), __________ (county),
__________________ (state), referred to as bank.
1. Customer has requested that bank issue a
cashier’s check to replace banks original cashiers check number __________,
dated ____________. A copy of the
original cashier’s check is attached as Exhibit __________ and incorporated by
reference. __________________ (Indicate how check was lost, stolen or
destroyed, for instance: Banks records show that the original check was placed
in the United States mail on ____________ (date). However, to date, customer has not received the check).
2. Customer warrants that __________________ (person
authorized to endorse check, such as: __________ (he or she) is the only person
authorized to endorse checks in __________ (his or her) own behalf or the only
persons authorized to endorse the check on customers behalf are __________ and
__________; neither of these persons has endorsed the check in question). Customer further warrants that customer does
not know of the location of the original cashier’s check. However, if customer should find the check,
customer agrees to promptly deliver it to the bank.
3. Customer agrees to indemnify bank against any
claims, losses, or liabilities bank might incur as a result of a finding by a
court of proper jurisdiction that the check bears the genuine endorsement of
__________________ (customer or customers authorized representatives); the
check was properly endorsed to the person bringing the proceeding; and that
person is a holder in due course.
4. Bank agrees to notify customer immediately on
receipt of a claim on the cashier’s check by a person claiming to be a holder
in due course. Bank further agrees to
allow customer to defend against any such claims. Such notice and opportunity to defend are conditions precedent to
customer’s indemnification obligations under this agreement. In the event that such proceedings are
brought, and the court finds that the signature was unauthorized, the parties
shall share the expenses of defending against the action, including reasonable
attorney fees.
Dated: _______________________
_____________________________
(Signature of Customer)
______________________________
(Signature and Title of Bank Representative)
