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Performance And Financial Bank Guarantee
"I need a Performance and Financial Bank Guarantee for a large-scale construction project in Jakarta, where my company is the principal contractor, with a guarantee value of USD 5 million, effective from March 2025 for 18 months, with specific provisions for partial claims."
1. Parties: Identification of the Bank (Guarantor), the Principal (party requesting the guarantee), and the Beneficiary
2. Background: Context of the underlying transaction or obligation requiring the bank guarantee
3. Definitions: Definitions of key terms used throughout the guarantee document
4. Guarantee Amount: Specification of the maximum guaranteed sum and currency
5. Scope of Guarantee: Detailed description of the obligations covered by the guarantee
6. Duration and Validity: Term of the guarantee, including effective date and expiry conditions
7. Demand Requirements: Procedures and conditions for making a claim under the guarantee
8. Payment Terms: Timeline and process for payment upon valid demand
9. Bank's Rights and Obligations: Detailed outline of the guarantor bank's responsibilities and rights
10. Representations and Warranties: Standard declarations about the capacity and authority to enter into the guarantee
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and relevant jurisdiction
12. Notices: Communication procedures and contact details for all parties
13. Amendment and Assignment: Conditions under which the guarantee can be modified or transferred
1. Counter-Guarantee Provisions: Required when there is a counter-guarantee from another bank or institution
2. Foreign Currency Provisions: Needed when the guarantee involves foreign currency and exchange rate considerations
3. Step-in Rights: Optional provisions allowing the bank to take over certain obligations in specific circumstances
4. Multiple Beneficiaries: Required when the guarantee is issued in favor of multiple beneficiaries
5. Partial Claims: Provisions for when partial claims against the guarantee are permitted
6. Force Majeure: Specific provisions for force majeure events affecting the guarantee
7. Electronic Presentation: Provisions for electronic submission of documents and claims
1. Schedule 1 - Form of Demand: Template for making a valid demand under the guarantee
2. Schedule 2 - Supporting Documents: List and samples of required supporting documents for claims
3. Schedule 3 - Fee Schedule: Details of bank charges, fees, and commission
4. Schedule 4 - Authorized Signatories: List of authorized signatories for each party
5. Appendix A - Underlying Contract Reference: Summary or extract of the underlying contract being guaranteed
6. Appendix B - Special Conditions: Any special conditions or requirements specific to this guarantee
Authors
Guaranteed Amount
Guaranteed Obligations
Principal
Beneficiary
Guarantor
Demand
Valid Demand
Underlying Contract
Performance Obligations
Financial Obligations
Expiry Date
Guarantee Period
Business Day
Bank Business Day
Indonesian Business Day
Counter-Guarantee
Supporting Documents
Event of Default
Force Majeure Event
Claim Notice
Maximum Liability
Guarantee Fee
Payment Date
Authorized Representative
Bank Indonesia
OJK
Security Interest
Substantial Performance
Material Adverse Effect
Indonesian Rupiah
Foreign Currency
Exchange Rate
Applicable Law
Governing Law
Enforcement Notice
Original Guarantee
Amendment
Assignment
Transfer
Regulatory Approval
Claim Period
Presentation
Electronic Presentation
Banking License
Guarantee Facility
Release Date
Extension Notice
Authorized Signatory
Registered Office
Notice Details
Guarantee Certificate
Definitions
Interpretation
Guarantee Issuance
Scope of Guarantee
Duration
Payment Obligations
Demand Procedures
Performance Requirements
Financial Security
Representations and Warranties
Bank's Rights
Bank's Obligations
Principal's Obligations
Beneficiary's Rights
Claims Process
Default Events
Force Majeure
Fees and Charges
Currency Provisions
Assignment and Transfer
Amendment
Notices
Governing Law
Dispute Resolution
Jurisdiction
Regulatory Compliance
Confidentiality
Severability
Indemnification
Termination
Entire Agreement
Counterparts
Electronic Execution
Language Requirements
Banking and Financial Services
Construction and Infrastructure
Energy and Resources
Manufacturing
Government and Public Sector
Real Estate Development
Transportation and Logistics
Telecommunications
Mining
Oil and Gas
Legal
Finance
Treasury
Risk Management
Compliance
Procurement
Commercial
Operations
Project Management
Corporate Finance
Business Development
Contract Administration
Chief Financial Officer
Finance Director
Legal Counsel
Contract Manager
Project Director
Treasury Manager
Risk Manager
Compliance Officer
Banking Relationship Manager
Procurement Manager
Commercial Director
Business Development Manager
Corporate Finance Manager
Company Secretary
Operations Director
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