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Open Ended Bank Guarantee
"I need an Open Ended Bank Guarantee document for a construction project in Jakarta, where my company needs to guarantee performance obligations worth IDR 50 billion to a government agency, with specific provisions for periodic performance assessments."
1. Parties: Identifies the Bank (Guarantor), the Principal (party requesting the guarantee), and the Beneficiary
2. Background: Details the underlying transaction or relationship necessitating the guarantee
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee Amount: Specifies the maximum amount covered by the guarantee
5. Scope of Guarantee: Defines the obligations being guaranteed and the nature of the guarantee
6. Duration and Validity: Specifies the open-ended nature and conditions for validity
7. Demand Requirements: Details the process and requirements for making a claim under the guarantee
8. Payment Terms: Specifies the payment obligations and timeframe upon valid demand
9. Bank's Rights and Obligations: Outlines the rights, obligations, and limitations of the bank's liability
10. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and relevant jurisdiction
11. Notices: Details how formal communications between parties should be made
12. Language: Specifies the prevailing language version (particularly important for international guarantees)
1. Counter Indemnity: Include when the principal provides separate indemnity to the bank
2. Security Arrangements: Include when specific assets or collateral secure the guarantee
3. Foreign Law Compliance: Include for guarantees with international elements
4. Tax Provisions: Include when tax implications need specific addressing
5. Assignment Restrictions: Include when transfer/assignment needs to be specifically restricted
6. Force Majeure: Include when force majeure events need specific treatment
7. Anti-Money Laundering Compliance: Include for high-value guarantees or when required by bank policy
1. Form of Demand: Template for making a valid demand under the guarantee
2. Specific Guaranteed Obligations: Detailed list of obligations covered by the guarantee
3. Supporting Documents: List of required documents for guarantee activation
4. Authorized Signatories: List of persons authorized to make demands under the guarantee
5. Fee Schedule: Details of bank fees and charges related to the guarantee
Authors
Bank
Beneficiary
Principal
Guaranteed Obligations
Demand
Valid Demand
Business Day
Banking Day
Rupiah
Applicable Law
Bank Indonesia
OJK
Security
Counter-Indemnity
Event of Default
Force Majeure
Governing Law
Indonesian Banking Law
Material Adverse Effect
Notice
Payment Date
Relevant Jurisdiction
Secured Obligations
Security Interest
Underlying Transaction
Working Days
Authorized Representative
Claim Notice
Demand Document
Release Notice
Supporting Documents
Guarantee Period
Maximum Liability
Original Guarantee
Payment Obligations
Representations and Warranties
Demand Process
Enforcement
Indemnification
Assignment
Notices
Governing Law
Dispute Resolution
Amendments
Severability
Force Majeure
Confidentiality
Regulatory Compliance
Anti-Money Laundering
Counter-Indemnity
Security
Waiver
Set-Off
Language
Termination
Authority
Documentation
Fees and Expenses
Liability
Transfer
Communication
Currency
Tax
Banking and Financial Services
Construction and Infrastructure
Manufacturing
International Trade
Energy and Resources
Real Estate Development
Government and Public Sector
Mining
Telecommunications
Oil and Gas
Retail and Commerce
Legal
Finance
Treasury
Risk Management
Procurement
Commercial
Compliance
Corporate Finance
Project Management
Credit
Business Development
Chief Financial Officer
Treasury Manager
Finance Director
Legal Counsel
Contract Manager
Risk Manager
Banking Relationship Manager
Procurement Manager
Project Director
Commercial Director
Credit Risk Officer
Compliance Officer
Corporate Finance Manager
Business Development Manager
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