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Advance Payment Agreement
"I need an Advance Payment Agreement under Austrian law for a manufacturing project where we'll pay €2.5M upfront to our supplier in March 2025, with a bank guarantee requirement and recovery against future deliveries of industrial equipment."
1. Parties: Identification and details of the parties entering into the agreement
2. Background: Context of the agreement, including the underlying transaction or project requiring advance payment
3. Definitions: Key terms used throughout the agreement
4. Advance Payment Amount: Specification of the total advance payment amount and currency
5. Payment Terms: Schedule and method of advance payment, including bank details
6. Purpose and Use of Advance Payment: Specific purposes for which the advance payment may be used
7. Security Arrangements: Basic security provisions for the advance payment
8. Repayment or Adjustment: Terms for how the advance payment will be adjusted against deliverables or repaid
9. Obligations of the Parties: Specific duties and responsibilities of each party
10. Default and Remedies: Consequences of default and available remedies
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
12. Notices: Communication requirements and contact details
1. Bank Guarantee: Detailed terms for bank guarantee when required as security
2. Parent Company Guarantee: Terms of parent company guarantee if required as additional security
3. Milestone Achievement: Include when advance payment is linked to specific project milestones
4. Interest on Advance Payment: Terms for interest charges on the advance payment if applicable
5. Tax Provisions: Specific tax handling requirements when relevant
6. Foreign Exchange: Include when dealing with international parties and different currencies
7. Force Majeure: Include when advance payment is related to specific deliverables that could be affected by force majeure events
8. Confidentiality: Include when sensitive commercial information is involved
1. Payment Schedule: Detailed breakdown of payment amounts, dates, and conditions
2. Bank Guarantee Format: Template or requirements for bank guarantee documentation
3. Project Specifications: Details of the project or goods/services for which advance payment is made
4. Security Documentation: Forms and requirements for security arrangements
5. Contact Details: List of key contacts and their roles for both parties
6. Advance Payment Recovery Schedule: Schedule showing how advance payment will be recovered or adjusted against deliverables
Authors
Agreement
Bank Guarantee
Business Day
Completion Date
Contract Price
Delivery Schedule
Effective Date
Force Majeure Event
Governing Law
Interest Rate
Milestone
Notice
Parent Company Guarantee
Party/Parties
Payment Schedule
Project
Recovery Period
Security
Specifications
Supplier
Term
Work
Working Day
Austrian Law Requirements
Bank Account
Confidential Information
Default Event
Delivery
Documentation
euros
Guarantee Amount
Intellectual Property Rights
Material Adverse Effect
Payment Certificate
Performance Security
Project Manager
Recovery Schedule
Representatives
Services
Substantial Completion
Security
Bank Guarantee
Parent Company Guarantee
Default
Termination
Force Majeure
Governing Law
Dispute Resolution
Confidentiality
Notices
Assignment
Entire Agreement
Amendments
Waiver
Severability
Interest
Tax
Currency
Recovery
Performance Obligations
Representations and Warranties
Anti-Corruption
Compliance with Laws
Records and Audit
Set-Off
Third Party Rights
Further Assurance
Costs and Expenses
Insurance
Construction
Manufacturing
Engineering
Industrial Equipment
Infrastructure
Energy
Technology
Defense
Aerospace
Shipping
Real Estate Development
Heavy Machinery
Legal
Finance
Procurement
Commercial
Treasury
Risk Management
Operations
Project Management
Supply Chain
Compliance
Chief Financial Officer
Finance Director
Commercial Director
Procurement Manager
Contract Manager
Project Manager
Legal Counsel
Treasury Manager
Financial Controller
Risk Manager
Operations Director
Supply Chain Manager
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