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Performance Guarantee In Tender
"I need a Performance Guarantee in Tender for a Malaysian government infrastructure project worth RM 50 million, where our company is bidding for a highway construction tender that requires a 2% guarantee valid until March 2025."
1. Parties: Identifies the Guarantor (usually a bank or financial institution), the Beneficiary (tender issuer), and the Principal (tender participant)
2. Background: Describes the tender context, reference to the tender process, and the requirement for the guarantee
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee Amount: Specifies the maximum sum guaranteed and currency
5. Scope of Guarantee: Details what the guarantee covers in relation to the tender obligations
6. Duration and Validity: Specifies the effective date, expiry date, and any automatic extension conditions
7. Demand Requirements: Sets out the process and conditions for making a claim under the guarantee
8. Payment Obligations: Details the guarantor's obligations to pay upon receipt of a valid demand
9. Reduction and Release: Conditions under which the guarantee amount may be reduced or the guarantee released
10. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and determines jurisdiction for disputes
1. Assignment and Transfer: Include when transfer of rights under the guarantee needs to be restricted or permitted under specific conditions
2. Multiple Beneficiaries: Include when the tender involves multiple beneficiary entities
3. Partial Demands: Include when multiple or partial calls on the guarantee are to be permitted
4. Counter-Indemnity: Include when there's a separate counter-indemnity arrangement with the Principal
5. Language Preference: Include when the guarantee might be used in international contexts requiring language priority clauses
6. Stamp Duty Declaration: Include when specific stamp duty requirements need to be acknowledged
1. Form of Demand: Template for making a valid demand under the guarantee
2. Tender Details: Specific details of the tender including reference numbers and project description
3. Principal's Tender Obligations: Summary of the key obligations that are being guaranteed
4. Authorized Signatories: List of persons authorized to make demands under the guarantee
5. Communication Details: Contact information and notification procedures for all parties
Authors
Recitals
Definitions
Guarantee Obligations
Duration
Payment Terms
Demand Procedure
Notice Requirements
Force Majeure
Assignment
Amendments
Severability
Waiver
Termination
Governing Law
Jurisdiction
Enforcement
Stamp Duty
Confidentiality
Counterparts
Entire Agreement
Language
Notices
Time of Essence
Indemnification
Representations and Warranties
Construction
Infrastructure
Energy
Oil and Gas
Telecommunications
Defense
Healthcare
Transportation
Public Works
Utilities
Manufacturing
Technology
Real Estate Development
Legal
Procurement
Finance
Commercial
Risk Management
Operations
Business Development
Compliance
Treasury
Project Management
Procurement Manager
Legal Counsel
Contract Manager
Project Director
Tender Manager
Commercial Manager
Risk Manager
Finance Director
Business Development Manager
Bid Manager
Company Secretary
Treasury Manager
Chief Financial Officer
Operations Director
Compliance Officer
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