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Performance And Financial Bank Guarantee
"I need a Performance and Financial Bank Guarantee for a construction project in Sydney, where ANZ Bank will guarantee AUD 5 million to the project owner, with the guarantee expiring on 30 June 2025."
1. Parties: Identifies the bank (guarantor), the party requesting the guarantee (applicant), and the beneficiary
2. Background: Outlines the context of the guarantee, including reference to the underlying contract or obligation
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee and Maximum Liability: States the bank's commitment and the maximum amount guaranteed
5. Duration and Expiry: Specifies the effective period of the guarantee and expiry conditions
6. Demand Requirements: Details the process and requirements for making a valid demand under the guarantee
7. Payment Terms: Specifies how and when payment will be made following a valid demand
8. Bank's Rights and Obligations: Outlines the extent and limitations of the bank's obligations
9. Reduction and Release: Conditions under which the guarantee amount may be reduced or the guarantee released
10. Governing Law and Jurisdiction: Specifies the applicable law and courts having jurisdiction
11. Notices: Details how formal communications between parties should be made
12. Execution: Formal signing section with necessary attestations
1. Counter-Indemnity: Used when the applicant must provide indemnity to the bank - typically included in separate document
2. Assignment: Include when the guarantee needs to be transferable or when assignment should be specifically prohibited
3. Step-in Rights: Required for performance guarantees where the bank may need to arrange for completion of obligations
4. Multiple Beneficiaries: Include when there are multiple parties who can make demands under the guarantee
5. Dispute Resolution: Additional dispute resolution procedures beyond court jurisdiction, if required
6. Language Requirements: Needed for international guarantees where multiple languages may be used
7. Foreign Law Requirements: Include when guarantee must comply with specific foreign law requirements
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Contract: Copy or extract of the contract or obligation being guaranteed
3. Authentication Procedures: Specified procedures for authenticating demands and communications
4. Authorized Signatories: List of persons authorized to make demands or give notices
5. Fee Schedule: If applicable, schedule of fees and charges related to the guarantee
6. Amendments: Record of any amendments made to the guarantee
Authors
Bank
Beneficiary
Business Day
Completion Date
Demand
Expiry Date
Guaranteed Amount
Guaranteed Obligations
Guarantee Period
Maximum Liability
Outstanding Amount
Payment Date
Permitted Transfer
Reduction Date
Relevant Contract
Security Interest
Specified Currency
Step-in Rights
Supporting Documents
Underlying Contract
Valid Demand
Validity Period
Base Contract Amount
Bank Details
Authorized Representative
Demand Notice
Force Majeure Event
Insolvency Event
Material Adverse Effect
Performance Obligations
Related Entity
Security Provider
Termination Event
Issue of Guarantee
Bank's Undertaking
Maximum Liability
Demand Requirements
Payment Obligations
Expiry and Release
Assignment and Transfer
Currency and Payment Terms
Communications and Notices
Bank's Rights
Beneficiary's Rights
Reduction Provisions
Amendments and Variations
Governing Law
Jurisdiction
Counter-Indemnity
Independent Obligations
Set-Off Rights
Compliance with Laws
Authentication Procedures
Dispute Resolution
Costs and Expenses
Tax Provisions
Severability
Multiple Beneficiaries
Force Majeure
Termination
Step-In Rights
Confidentiality
Banking and Financial Services
Construction and Infrastructure
Mining and Resources
Government and Public Sector
Energy and Utilities
Manufacturing
International Trade
Telecommunications
Real Estate Development
Defense Contracting
Legal
Finance
Treasury
Risk Management
Procurement
Commercial
Contract Administration
Project Management
Compliance
Credit
Business Development
Chief Financial Officer
Finance Manager
Contract Manager
Project Director
Legal Counsel
Treasury Manager
Risk Manager
Commercial Director
Procurement Manager
Company Secretary
Banking Relationship Manager
Compliance Officer
Construction Manager
Business Development Manager
Credit Manager
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