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Performance And Financial Bank Guarantee
"I need a Performance And Financial Bank Guarantee for a large construction project in London, where our bank will guarantee £5 million to the project owner, with the guarantee running until March 2025 and including staged reduction clauses as project milestones are achieved."
1. Parties: Identification of the guarantor bank, beneficiary, and principal obligor
2. Background: Context of the underlying transaction and purpose of the guarantee
3. Definitions: Key terms used throughout the guarantee document
4. Guarantee Amount: Specific sum or maximum liability under the guarantee
5. Duration and Validity: Term of the guarantee, including expiry conditions
6. Demand Requirements: Process and conditions for making claims under the guarantee
7. Payment Terms: Timing and method of payment upon valid demand
1. Reduction Clause: Provisions for reducing guarantee amount over time - used for long-term projects with staged completions
2. Transfer and Assignment: Rights to transfer or assign the guarantee - included when transfer rights are anticipated
3. Counter-Indemnity: Principal's obligation to indemnify the bank - included when required by bank's internal policies
1. Form of Demand: Template for making claims under the guarantee
2. Underlying Contract Details: Summary of the principal contract being guaranteed
3. Authority Documents: Evidence of signatory authority and bank approval
Authors
Beneficiary
Business Day
Demand
Effective Date
Expiry Date
Event of Default
Guaranteed Obligations
Guaranteed Sum
Guarantor
Maximum Liability
Principal
Principal Contract
Project
Performance Obligations
Payment Obligations
Security
Substantial Completion
Underlying Contract
Valid Claim
Working Day
Scope of Guarantee
Duration and Validity
Demand and Payment
Maximum Liability
Independent Obligation
Waiver of Defenses
Currency and Payment Terms
Assignment and Transfer
Representations and Warranties
Amendments and Variations
Notices
Set-off Rights
Costs and Expenses
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Reduction and Release
Enforcement
Confidentiality
Counterparts
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