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Performance And Financial Bank Guarantee
"I need a Performance and Financial Bank Guarantee for a construction project in Hong Kong, with HSBC as guarantor for HKD 10 million, covering both performance of works and advance payment security, expiring on March 15, 2025."
1. Parties: Identifies the Bank (Guarantor), the Principal (party requesting the guarantee), and the Beneficiary (party receiving the guarantee)
2. Background: States the underlying contract or obligation being guaranteed and the purpose of the guarantee
3. Definitions: Defines key terms used throughout the guarantee, including Guaranteed Amount, Expiry Date, and Demand Notice
4. Guarantee and Undertaking: Core section stating the bank's unconditional undertaking to pay the guaranteed amount upon valid demand
5. Maximum Liability: Specifies the maximum amount of the guarantee and any conditions for reduction
6. Demand Requirements: Details the form and content requirements for making a valid demand under the guarantee
7. Payment Terms: Specifies the timing and method of payment upon receipt of a valid demand
8. Validity Period: States the effective date and expiry date of the guarantee
9. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction
10. Execution: Signature blocks and execution formalities
1. Assignment: Include when the guarantee needs to be transferable or when assignment needs to be specifically prohibited
2. Counter-Indemnity: Include when the bank requires specific indemnification from the Principal
3. Reduction Clause: Include when the guarantee amount can be reduced over time or upon specific events
4. Multiple Demands: Include when multiple partial demands are allowed or specifically prohibited
5. Force Majeure: Include when specific force majeure provisions are required beyond standard contract principles
6. Electronic Presentations: Include when demands can be made electronically
7. Language: Include when the guarantee may be issued in multiple languages
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Contract Details: Key details of the contract or obligation being guaranteed
3. Authentication Procedures: Specified procedures for verifying authorized signatories and demands
4. Reduction Schedule: If applicable, schedule showing planned reductions in guarantee amount
5. Contact Details: Contact information for all parties for notices and demands
Authors
Guaranteed Amount
Maximum Liability
Guarantor
Principal
Beneficiary
Underlying Contract
Demand Notice
Valid Demand
Business Day
Hong Kong
Expiry Date
Guaranteed Obligations
Performance Obligations
Financial Obligations
Event of Default
Payment Date
Claim Period
Demand Requirements
Authentication Procedure
Bank Account
Authorized Representative
Effective Date
Force Majeure Event
Material Adverse Change
Notice
Original
Permitted Assignment
Project
Reduction Date
Security Interest
Specified Currency
SWIFT
Working Day
Payment Obligations
Demand Requirements
Representations and Warranties
Duration and Expiry
Maximum Liability
Reduction
Claims Procedure
Assignment
Transfer
Counter-Indemnity
Force Majeure
Notices
Amendments
Severability
Governing Law
Jurisdiction
Dispute Resolution
Waiver
Set-Off
Costs and Expenses
Entire Agreement
Multiple Demands
Authentication
Confidentiality
Electronic Communications
Language
Currency
Business Days
No Third Party Rights
Banking and Financial Services
Construction and Infrastructure
International Trade
Manufacturing
Real Estate Development
Energy and Utilities
Telecommunications
Government and Public Sector
Engineering Services
Project Development
Legal
Finance
Treasury
Risk Management
Commercial
Project Management
Procurement
Trade Finance
Corporate Banking
Compliance
Chief Financial Officer
Treasury Manager
Project Manager
Contract Manager
Risk Manager
Legal Counsel
Commercial Director
Finance Director
Banking Relationship Manager
Procurement Manager
Business Development Director
Company Secretary
Credit Risk Officer
Trade Finance Manager
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