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Advance Payment Guarantees
"I need an Advance Payment Guarantee under Austrian law for a construction project where my bank will guarantee €2.5 million to the project owner, with quarterly reductions starting from March 2025 as construction milestones are met."
1. Parties: Identification of the Guarantor (typically a bank), the Beneficiary (party receiving the advance payment), and the Principal (party receiving the guarantee)
2. Background: Context of the underlying transaction and purpose of the advance payment guarantee
3. Definitions: Key terms used throughout the guarantee document
4. Guarantee Amount: Specification of the maximum guaranteed sum and currency
5. Effectiveness and Validity: Terms regarding when the guarantee becomes effective and its expiry date
6. Demand Requirements: Conditions and formal requirements for making a claim under the guarantee
7. Payment Terms: Timeframe and method for payment upon valid demand
8. Reduction Clause: Provisions for progressive reduction of the guarantee amount
9. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
10. Notices: Communication requirements and contact details for all parties
1. Transfer and Assignment: Include when the guarantee may need to be transferable to another beneficiary
2. Language: Include when the guarantee might be used internationally to specify the prevailing language version
3. Force Majeure: Include for international transactions to address extraordinary circumstances
4. Anti-Money Laundering Compliance: Include when required by bank policies or regulatory requirements
5. Multiple Currencies: Include when the guarantee involves multiple currencies or currency conversion provisions
6. Counter-Guarantee Provisions: Include when involving multiple banks or cross-border arrangements
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Contract Details: Summary or extract of the main commercial contract requiring the advance payment guarantee
3. Reduction Schedule: Detailed schedule of planned reductions in the guarantee amount
4. Authentication Procedures: Specific requirements for authenticating demands and communications
5. Authorized Signatories: List of persons authorized to make demands or give notices under the guarantee
Authors
Beneficiary
Business Day
Claim
Counter-Guarantee
Demand
Effective Date
Expiry Date
Guarantee Amount
Guaranteed Obligations
Guarantor
Maximum Liability Amount
Notice
Permitted Reduction
Principal
Principal Contract
Reduction Schedule
Underlying Contract
Valid Claim
Working Day
Written Demand
Bank Guarantee
Payment Period
Authentication
Force Majeure Event
Guarantee Fee
Governing Law
Original Guarantee
Supporting Documents
Payment Obligations
Duration and Validity
Demand Requirements
Reduction Mechanism
Assignment and Transfer
Governing Law
Jurisdiction
Communications
Bank Representations
Enforcement
Amendment
Expiry
Force Majeure
Severability
Claims Process
Currency Provisions
Counter-Guarantee
Authentication
Notices
Stamp Duty and Taxes
Language
Multiple Originals
Compliance with Laws
Banking and Financial Services
Construction and Infrastructure
Manufacturing
International Trade
Energy and Utilities
Defense and Aerospace
Heavy Engineering
Technology and Software
Telecommunications
Industrial Equipment
Legal
Finance
Treasury
Procurement
Risk Management
Commercial
Compliance
Credit
Project Management
International Trade
Business Development
Chief Financial Officer
Treasury Manager
Finance Director
Procurement Manager
Contract Manager
Legal Counsel
Risk Manager
Trade Finance Manager
Project Manager
Commercial Director
Banking Relationship Manager
Compliance Officer
Credit Risk Officer
Business Development Manager
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