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Bank Guarantee Performance Bond
"I need a Bank Guarantee Performance Bond for a NZD 5 million construction project in Auckland, with ANZ Bank as guarantor, valid until March 2025, including step-in rights for the principal and specific provisions for staged reduction of the guarantee amount."
1. Parties: Identifies the key parties: the Bank (Guarantor), the Principal (Beneficiary), and the Contractor (Applicant)
2. Background: Outlines the underlying contract or agreement requiring the performance bond and the purpose of the guarantee
3. Definitions: Defines key terms used throughout the document
4. Amount of Guarantee: Specifies the maximum guaranteed amount and currency
5. Scope of Guarantee: Details what performance or obligations are being guaranteed
6. Duration and Validity: Specifies the effective date and expiry date of the guarantee
7. Demand Requirements: Sets out the process and requirements for making a claim under the guarantee
8. Payment Terms: Specifies how and when payment will be made following a valid demand
9. Bank's Obligations: Details the extent and nature of the bank's commitment
10. Reduction and Release: Conditions under which the guarantee amount may be reduced or the guarantee released
11. Governing Law and Jurisdiction: Specifies New Zealand law as governing law and jurisdiction for disputes
12. Execution: Formal signing section with necessary attestations
1. Assignment and Transfer: Include when the guarantee needs to be transferable or assignable
2. Counter-Indemnity: Include when there are specific counter-indemnity arrangements between the bank and the contractor
3. Multiple Beneficiaries: Include when there is more than one beneficiary of the guarantee
4. Step-In Rights: Include when the principal has rights to step in and complete the work
5. Dispute Resolution: Include when specific dispute resolution procedures beyond court jurisdiction are required
6. Language: Include when the guarantee might be used internationally or translated
7. Notices: Include when specific notice requirements need to be detailed
1. Form of Demand: Template for making a valid demand under the guarantee
2. Project Details: Details of the underlying project or contract being guaranteed
3. Contract Reference: Details of the main contract requiring the performance bond
4. Authorized Signatories: List of persons authorized to make demands under the guarantee
5. Fee Schedule: Details of any fees, charges, and commission payable
6. Performance Requirements: Specific performance criteria that trigger the guarantee
Authors
Bank
Beneficiary
Bond Amount
Business Day
Claim
Contractor
Contract
Demand
Effective Date
Expiry Date
Event of Default
Governing Law
Guarantee
Guaranteed Obligations
Law
Material Adverse Effect
Notice
Parties
Performance Bond
Principal
Project
Security
Substantial Completion
Term
Underlying Contract
Valid Claim
Works
Guarantee
Payment Obligations
Demand Procedure
Duration and Validity
Bank's Rights and Obligations
Principal's Rights and Obligations
Contractor's Obligations
Payment Terms
Transfer and Assignment
Reduction and Release
Representations and Warranties
Default Events
Claims Process
Security Interest
Indemnification
Notices
Amendments
Severability
Waiver
Counterparts
Costs and Expenses
Stamp Duty
Force Majeure
Entire Agreement
Further Assurance
Confidentiality
Governing Law
Jurisdiction
Dispute Resolution
Construction
Infrastructure
Engineering
Real Estate Development
Mining
Energy
Manufacturing
Telecommunications
Government and Public Sector
Banking and Financial Services
Industrial Projects
Commercial Development
Legal
Finance
Commercial
Procurement
Risk Management
Treasury
Operations
Compliance
Project Management
Construction Management
Contract Administration
Project Manager
Contract Manager
Commercial Manager
Legal Counsel
Chief Financial Officer
Construction Manager
Procurement Manager
Risk Manager
Treasury Manager
Bank Relationship Manager
Company Secretary
Operations Director
Development Manager
Financial Controller
Compliance Officer
Find the exact document you need
Financial Performance Guarantee
A New Zealand-governed guarantee agreement where a guarantor ensures the financial or performance obligations of a principal debtor to a beneficiary.
Contract Performance Guarantee
A New Zealand law-governed guarantee document where a guarantor commits to compensate a beneficiary if a contractor fails to meet their contractual obligations.
Bank Guarantee Performance Bond
A New Zealand law-governed financial instrument issued by a bank to guarantee a contractor's performance obligations, providing security to the principal through an unconditional payment undertaking.
Performance Guarantee Bond
A New Zealand law-governed financial instrument where a guarantor guarantees the performance obligations of a principal to a beneficiary, providing security for commercial and project-based transactions.
Performance Bank Guarantee
A New Zealand law-governed bank guarantee ensuring contractual performance obligations, where a bank guarantees payment to a beneficiary if a principal party defaults on their obligations.
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