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Bank Guarantee Agreement
"Need a Bank Guarantee Agreement for a construction project in London, where ABC Bank will guarantee payment of £5 million to XYZ Construction Ltd if the developer defaults, with the guarantee to be effective from March 2025 for 24 months."
1. Parties: Identification and details of the guarantor bank and beneficiary
2. Background: Context of the guarantee, including the underlying transaction or obligation
3. Definitions: Key terms used throughout the agreement
4. Guarantee Amount: Specific sum or maximum liability under the guarantee
5. Duration and Validity: Term of the guarantee, including effective date and expiry conditions
6. Payment Terms: Conditions for demand and payment under the guarantee
7. Bank's Obligations: Scope and nature of the bank's commitments
8. Governing Law and Jurisdiction: Confirmation of applicable law and courts
1. Counter-Indemnity: Terms of indemnification by the principal debtor to the bank (used when the bank requires protection against losses from the principal debtor)
2. Assignment Provisions: Terms regarding transfer of rights under the guarantee (used when assignment rights need to be specifically addressed)
3. Step-In Rights: Provisions for the bank to assume control of underlying project/transaction (used in project finance or complex commercial transactions)
1. Form of Demand: Template for making claims under the guarantee
2. Underlying Agreement Details: Summary or extract of the principal agreement being guaranteed
3. Bank's Standard Terms and Conditions: General terms applicable to all bank guarantees
4. Fee Schedule: Details of bank charges and fees applicable to the guarantee
Authors
Applicable Law
Bank
Beneficiary
Business Day
Claim
Demand
Effective Date
Event of Default
Expiry Date
Guarantee
Guarantee Amount
Guaranteed Obligations
Interest Rate
Maximum Liability
Notice
Parties
Payment Date
Principal Debtor
Principal Agreement
Security
Termination Event
Transaction Documents
Underlying Agreement
Valid Claim
Working Day
Scope of Guarantee
Payment Obligations
Demand Requirements
Duration and Validity
Representations and Warranties
Bank's Rights and Obligations
Beneficiary's Rights and Obligations
Default Events
Claims Process
Enforcement
Assignment and Transfer
Fees and Costs
Amendments and Variations
Notices
Confidentiality
Force Majeure
Termination
Set-off Rights
Counter-Indemnity
Tax Provisions
Currency Provisions
Governing Law
Jurisdiction
Dispute Resolution
Severability
Entire Agreement
Waiver
Third Party Rights
Anti-Money Laundering
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