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Performance Bank Guarantee
1. Bank Details and Reference: Full details of the issuing bank, guarantee reference number, and date
2. Beneficiary Details: Complete identification of the beneficiary including name, registration number, and address
3. Principal Details: Complete identification of the principal (the party whose performance is being guaranteed)
4. Underlying Contract Reference: Clear identification of the contract or obligation being guaranteed, including date and reference numbers
5. Guarantee Amount: The specific amount being guaranteed, currency, and any automatic reduction mechanisms
6. Scope of Guarantee: Clear description of what is being guaranteed and the conditions under which the guarantee can be called
7. Duration and Validity: Effective date, expiry date, and any automatic extension provisions
8. Demand Requirements: Specific requirements and format for making a valid demand under the guarantee
9. Payment Terms: Timeline for payment upon valid demand and payment method
10. Governing Law and Jurisdiction: Explicit statement of Danish law as governing law and jurisdiction for disputes
1. Language Provision: Required when the guarantee might be used internationally, specifying that English version prevails
2. Conditional Performance Terms: Used when the guarantee is conditional rather than on-demand, specifying the conditions that must be met
3. Assignment Clause: Required when the guarantee needs to be transferable to another beneficiary
4. Reduction Schedule: Used when the guarantee amount reduces over time according to a preset schedule
5. Multiple Beneficiaries: Required when there is more than one beneficiary, specifying their rights and relationships
6. Force Majeure: Optional clause specifying circumstances under which the bank's obligations might be affected by events beyond its control
7. URDG 758 Application: Required when the guarantee is subject to ICC Uniform Rules for Demand Guarantees
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Contract Extract: Relevant excerpts from the underlying contract that specify the performance requirements being guaranteed
3. Reduction Schedule Table: If applicable, detailed table showing the schedule of guarantee amount reductions
4. Authorized Signatories: List of persons authorized to make demands under the guarantee with specimen signatures
Authors
Beneficiary
Principal
Issuing Bank
Underlying Contract
Demand
Expiry Date
Business Day
Banking Day
Guaranteed Obligations
Event of Default
Maximum Liability
Effective Date
Guarantee Period
Supporting Documents
Written Demand
Payment Period
Authorized Representative
Force Majeure Event
Material Breach
Compliant Demand
Contract Price
Performance Default
Claim Notice
Governing Law
Maximum Liability
Duration and Validity
Demand Requirements
Payment Obligations
Assignment
Force Majeure
Jurisdiction
Governing Law
Notices
Amendments
Bank's Undertaking
Enforcement
Waiver
Severability
Language
Costs and Expenses
Reduction Mechanism
Termination
Dispute Resolution
Compliance with Laws
Representations and Warranties
Communications
Currency
Documentary Requirements
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