(Must Be on Letterhead of Bank)
CLEAN IRREVOCABLE LETTER OF CREDIT NO. ________________
Date: _____________________
American Contractors Indemnity Company
and/or U. S. Specialty Insurance Company
HCC Surety Group
601 S Figueroa, Suite 1600
Los Angeles, CA 90017
Ladies and Gentlemen:
At the request of _______________________________________________ (account name arranging
credit) (the “Applicant”), we hereby open our CLEAN IRREVOCABLE LETTER OF CREDIT in your
favor
up
to
an
aggregate
of
______________________________
(amount)
U.S.
Dollars
(US$___________________)
available
for
payment
at
sight
by
your
drafts
on
us
at
____________________________________________________ (name and address of bank) on or before
the expiration date or on or before any automatically extended date as set forth below. Our obligation
under this Letter of Credit is our individual obligation, in no way contingent upon reimbursement with
respect thereto, or upon our ability to perfect any lien or security interest. Partial drawings are permitted.
All banking charges, including any advising bank charges, are for the account of the Applicant.
This CLEAN IRREVOCABLE LETTER OF CREDIT expires on __________________ (expiration date)
but will be automatically extended for additional consecutive one-year terms unless you and IndemCo
L.P. each have received by Registered Mail notification of our intention not to renew 45 days prior to the
original expiry date and each subsequent expiry date. Such notification shall be to the attention of the
President at the above address and also to IndemCo L.P. at 777 Post Oak Boulevard, Suite 330, Houston,
Texas 77056 or to such other address as the intended recipient may have notified us in writing by
Registered Mail to our address above at least ten days before our transmittal of notification to you and to
IndemCo L.P.
We hereby engage with you and each drawer, endorser and bona fide holder of any draft drawn under and
in compliance with the terms of this CLEAN IRREVOCABLE LETTER OF CREDIT that such draft will
be duly honored upon presentation as specified herein. This CLEAN IRREVOCABLE LETTER OF
CREDIT sets forth in full the terms of our undertaking, and such undertaking shall not be modified,
amended or amplified by reference to any document in which this CLEAN IRREVOCABLE LETTER
OF CREDIT is referred to or to which this CLEAN IRREVOCABLE LETTER OF CREDIT relates and
any such reference shall not be deemed to incorporate herein by reference any document, instrument or
agreement.
THIS CLEAN IRREVOCABLE LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS
AND PRACTICE FOR DOCUMENTARY CREDIT (2007 REVISION) INTERNATIONAL
CHAMBER OF COMMERCE PUBLICATION NO. 600; provided, however, that notwithstanding
Article 36 of such publication, if this CLEAN IRREVOCABLE LETTER OF CREDIT expires while we
are closed as a result of a cause beyond our control, we will honor a presentation under this CLEAN
IRREVOCABLE LETTER OF CREDIT when such honor would otherwise be due provided that the
presentation is made within 30 days following the resumption of our business.
______________________________
(Authorized Signature)
____________________________________
(Title)
(Copy of Resolution and/or Board Minutes authorizing signatory is to be attached.)