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1. Parties: Identifies the guarantor (usually a bank), the beneficiary (tender issuer), and the principal (bidder)
2. Background: Brief context about the tender, including tender reference number and project description
3. Definitions: Key terms used in the guarantee, including 'Tender', 'Guaranteed Sum', 'Expiry Date'
4. Guarantee and Undertaking: Core section stating the guaranteed amount and bank's unconditional undertaking to pay
5. Conditions for Payment: Circumstances under which the guarantee can be called upon and payment procedure
6. Duration and Expiry: Validity period of the guarantee and conditions for expiry or extension
7. Payment Mechanics: Specific details about how payment will be made when the guarantee is called
8. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
1. Assignment and Transfer: Include when the guarantee needs to be transferable or when assignment needs to be specifically prohibited
2. Multiple Beneficiaries: Required when there are multiple parties entitled to call on the guarantee
3. Reduction Clause: Include when the guaranteed amount may be reduced during the tender process
4. Electronic Presentation: Include when allowing for electronic presentation of documents or digital calling of the guarantee
5. Language Clause: Include when the guarantee might be translated or used in multiple languages
6. Notice Provisions: Include when specific notice requirements for calls on the guarantee need to be detailed
1. Form of Demand: Template for making a valid demand under the guarantee
2. Tender Details: Details of the tender including specifications and requirements
3. Authentication Procedures: Specific requirements for authenticating demands or communications
4. Contact Details: Complete contact information for all parties for notices and communications
Tender Documents
Guaranteed Sum
Expiry Date
Demand
Business Day
Beneficiary
Principal
Guarantor
Project
Tender Reference Number
Tender Closing Date
Tender Validity Period
Guaranteed Obligations
Award Notice
Performance Security
Contract
Hong Kong
Banking Day
Presentation
Notice
Tender Requirements
Bid Submission
Tender Security
Default Events
Recitals
Definitions
Guarantee Undertaking
Amount and Currency
Conditions for Payment
Demand Requirements
Duration and Validity
Expiry Provisions
Payment Terms
Assignment and Transfer
Reduction and Release
Bank's Rights and Obligations
Communications
Governing Law
Jurisdiction
Notices
Amendment
Severability
Entire Agreement
Electronic Presentation
Force Majeure
Stamp Duty
Language
Authentication
Counterparts
Construction
Infrastructure
Real Estate Development
Government Projects
Telecommunications
Energy
Transport
Manufacturing
Defense
Healthcare
Education
Utilities
Mining
Oil and Gas
Legal
Procurement
Finance
Treasury
Risk Management
Commercial
Business Development
Compliance
Operations
Project Management
Procurement Manager
Tender Manager
Project Director
Contract Manager
Legal Counsel
Financial Controller
Treasury Manager
Risk Manager
Bid Manager
Commercial Director
Business Development Manager
Company Secretary
Chief Financial Officer
Operations Director
Compliance Officer
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