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Open Bank Guarantee
"I need an Open Bank Guarantee under Austrian law for EUR 2.5 million to secure a construction project in Vienna, valid from March 1, 2025, to December 31, 2025, with quarterly reduction provisions based on project milestones."
1. Parties: Identification of the bank (guarantor), the applicant (principal), and the beneficiary
2. Background: Context of the underlying transaction or relationship necessitating the bank guarantee
3. Definitions: Key terms used throughout the guarantee document
4. Guarantee Amount: Specific amount of the guarantee and currency
5. Scope of Guarantee: Nature and extent of the bank's obligation under the guarantee
6. Duration and Validity: Effective date, expiry date, and any automatic extension provisions
7. Demand Requirements: Procedures and conditions for making a claim under the guarantee
8. Payment Terms: Timeframe and method of payment upon valid demand
9. Reduction Provisions: Conditions and process for reducing the guarantee amount
10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
11. Notices: Communication procedures and contact details for all parties
1. Transfer and Assignment: Include when the guarantee needs to be transferable to another beneficiary
2. Language Provisions: Include for international guarantees where multiple languages may be used
3. Force Majeure: Include when specific force majeure provisions are required beyond standard Austrian law
4. Counter-Guarantee Provisions: Include when the guarantee is issued under a counter-guarantee structure
5. Electronic Presentation: Include when electronic submission of demands is permitted
6. Partial Claims: Include when multiple partial claims are to be permitted
7. URDG 758 Incorporation: Include when the guarantee is to be subject to ICC Uniform Rules for Demand Guarantees
1. Form of Demand: Template for making a valid demand under the guarantee
2. Supporting Documents: List and samples of required supporting documents for demands
3. Authentication Procedures: Details of procedures for authenticating demands and communications
4. Underlying Contract Details: Summary of the underlying contract or transaction (if relevant)
5. Fee Schedule: Schedule of fees and charges related to the guarantee (if applicable)
Authors
Bank
Principal
Beneficiary
Guarantee Amount
Effective Date
Expiry Date
Business Day
Demand
Complying Presentation
Supporting Documents
Underlying Contract
Banking Day
Force Majeure Event
Payment Currency
Authorized Representative
Governing Law
Authentication
Counter-Guarantee
Guarantee Period
Maximum Liability Amount
Permitted Transfer
Reduction Notice
SWIFT
Working Hours
Original
Electronic Presentation
Claim Notice
Banking License
Default Event
Payment Obligations
Validity Period
Demand Requirements
Payment Terms
Reduction and Release
Transfer and Assignment
Communications
Governing Law
Jurisdiction
Force Majeure
Bank's Rights and Obligations
Authentication and Verification
Amendments
Representations and Warranties
Fees and Charges
Currency Provisions
Notices
Partial Claims
Counter-Guarantee
Language
Severability
Independence of Guarantee
Compliance with Laws
Anti-Money Laundering
Document Presentation
Dispute Resolution
Termination
Assignment Restrictions
Entire Agreement
Banking and Financial Services
Construction and Real Estate
International Trade
Manufacturing
Energy and Utilities
Infrastructure Development
Telecommunications
Government and Public Sector
Retail and Commerce
Transportation and Logistics
Legal
Finance
Treasury
Risk Management
Compliance
Commercial Operations
Project Management
Trade Finance
Credit Control
Corporate Banking
Business Development
Chief Financial Officer
Treasury Manager
Finance Director
Trade Finance Manager
Risk Manager
Legal Counsel
Compliance Officer
Contract Manager
Project Manager
Credit Manager
Banking Relationship Manager
Commercial Director
Business Development Manager
Corporate Finance Manager
Financial Controller
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