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Open Ended Bank Guarantee
"Need an Open Ended Bank Guarantee for a major construction project in Singapore, with a guarantee amount of SGD 5 million, where my company is the principal and ABC Development Pte Ltd is the beneficiary, including specific provisions for partial claims and step-in rights."
1. Parties: Details of the Bank (Guarantor), Principal (Applicant), and Beneficiary
2. Background: Context of the guarantee and underlying transaction
3. Definitions: Key terms used throughout the guarantee
4. Guarantee Amount: Maximum liability amount under the guarantee
5. Scope of Guarantee: Specific obligations covered by the guarantee
6. Demand Requirements: Process and conditions for making claims
7. Duration and Validity: Terms regarding the open-ended nature of the guarantee
8. Governing Law and Jurisdiction: Specification of Singapore law as governing law and jurisdiction for disputes
9. Notice Provisions: Requirements for valid notices and communications between parties
1. Counter-Indemnity: Used when principal provides indemnity to bank - typically included when requested by the bank as additional security
2. Assignment Provisions: Transfer rights of the guarantee - included when parties require transferability
3. Step-In Rights: Bank's rights to intervene in underlying transaction - relevant for complex project financing arrangements
4. Foreign Law Compliance: Additional provisions for cross-border guarantees - included when the underlying transaction involves multiple jurisdictions
1. Form of Demand: Template for making claims under the guarantee
2. Underlying Contract Details: Summary of the principal contract being guaranteed
3. Supporting Documents: List of required documentation for claims
4. Fee Schedule: Bank's fees and charges for maintaining the guarantee
5. Authorized Signatories: List of persons authorized to make demands under the guarantee
Authors
Guaranteed Obligations
Guarantee Amount
Bank
Principal
Beneficiary
Demand
Demand Notice
Business Day
Banking Day
Effective Date
Release Date
Guaranteed Contract
Underlying Transaction
Event of Default
Maximum Liability
Governing Law
Jurisdiction
Force Majeure
Supporting Documents
Authorized Signatory
Bank's Obligations
Payment Obligation
Counter-Indemnity
SGD
Singapore Dollars
MAS
Claim Period
Expiry Notice
Release Notice
Demand Documents
Affiliate
Material Adverse Change
Permitted Transfer
Security Interest
Valid Claim
Payment Obligations
Demand Requirements
Representations and Warranties
Duration and Validity
Enforcement Rights
Release Conditions
Assignment and Transfer
Amendments and Modifications
Notices
Indemnification
Counter-Indemnity
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Severability
Waiver
Costs and Expenses
Confidentiality
Bank's Rights and Obligations
Default Events
Remedies
Currency Provisions
Set-off Rights
Compliance with Laws
Anti-Money Laundering
Sanctions Compliance
Third Party Rights
Entire Agreement
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