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Performance Bank Guarantee
"I need a Performance Bank Guarantee for a construction project in Auckland, where my bank will guarantee NZD 5 million to the project owner until March 2025, with the ability to reduce the guarantee amount by 50% upon successful completion of specific project milestones."
1. Parties: Identifies the three key parties: the Bank (Guarantor), the Principal (party whose performance is being guaranteed), and the Beneficiary (party receiving the guarantee)
2. Background: Explains the context of the underlying contract or obligation being guaranteed and the purpose of the guarantee
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee Amount: Specifies the maximum amount of the guarantee and any conditions related to currency or adjustments
5. Scope of Guarantee: Details what performance obligations are being guaranteed and the extent of the bank's commitment
6. Duration and Validity: Specifies the effective date, expiry date, and any conditions affecting the guarantee's validity period
7. Demand Requirements: Sets out the process and conditions 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 Rights and Obligations: Details the bank's obligations and rights under the guarantee
10. Governing Law and Jurisdiction: Specifies that New Zealand law governs the guarantee and establishes jurisdiction for disputes
11. Notices: Details how formal communications between parties should be made and delivered
1. Counter-Indemnity: Used when the Principal provides indemnity to the bank for any payments made under the guarantee
2. Assignment: Include when transfer rights need to be addressed, typically restricting assignment without consent
3. Multiple Beneficiaries: Required when there is more than one beneficiary to the guarantee
4. Reduction Provisions: Include when the guarantee amount may be reduced over time or upon certain milestones
5. Force Majeure: Optional clause addressing circumstances beyond parties' control that might affect the guarantee
6. Step-In Rights: Used when the bank has the right to step in and remedy defaults before paying out the guarantee
7. Dispute Resolution: Detailed dispute resolution procedures beyond simple jurisdiction clause, including mediation or arbitration provisions
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Contract Details: Summary or extract of the key terms from the contract being guaranteed
3. Authorization Evidence: Copies of board resolutions or other authorization documents
4. Performance Milestones: If applicable, schedule of performance milestones that may trigger or affect the guarantee
5. Bank's Standard Terms and Conditions: Standard terms that apply to all guarantees issued by the bank
6. Communication Details: Detailed contact information and addresses for all parties for formal notices
Authors
Guarantee Amount
Principal
Beneficiary
Bank
Underlying Contract
Performance Obligations
Demand
Valid Claim
Expiry Date
Business Day
Bank Business Day
Effective Date
Event of Default
Guaranteed Obligations
Notice
Claim Notice
Payment Date
Authorized Representative
Governing Law
Force Majeure Event
Material Adverse Change
Permitted Assignment
Security Interest
Enforcement Event
Related Documents
Specified Currency
Maximum Liability
Demand Period
Performance Default
Guarantee Obligations
Guarantee Amount
Duration
Demand and Payment
Bank's Rights and Obligations
Principal's Obligations
Counter-Indemnity
Representations and Warranties
Assignment and Transfer
Reduction and Release
Notices
Payment Mechanics
Currency
Set-off
Costs and Expenses
Amendments and Waivers
Severability
Multiple Parties
Governing Law
Jurisdiction
Service of Process
Dispute Resolution
Force Majeure
Anti-Money Laundering Compliance
Entire Agreement
Execution
Termination
Construction
Infrastructure Development
Real Estate
Manufacturing
Energy
Mining
Telecommunications
Government Contracting
International Trade
Engineering Services
Project Development
Banking and Financial Services
Legal
Finance
Treasury
Risk Management
Procurement
Commercial
Project Management
Operations
Compliance
Business Development
Contract Administration
Chief Financial Officer
Project Manager
Contract Manager
Legal Counsel
Finance Director
Treasury Manager
Risk Manager
Commercial Director
Procurement Manager
Business Development Manager
Company Secretary
Banking Relationship Manager
Construction Manager
Operations Director
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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