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Advance Performance Guarantee
"I need an Advance Performance Guarantee for a PHP 50 million infrastructure project in Manila, where our construction company will receive a 15% advance payment, with the guarantee to be issued by BDO Bank and valid until March 2025."
1. Parties: Identification of the Guarantor (typically a bank or financial institution), the Principal (party whose performance is being guaranteed), and the Beneficiary
2. Background: Context of the underlying contract or obligation for which the guarantee is being provided
3. Definitions: Key terms used throughout the guarantee document, including 'Guaranteed Sum', 'Underlying Contract', 'Demand Notice', etc.
4. Guarantee: Core section detailing the specific guarantee commitment, amount, and scope of the guarantee
5. Conditions for Payment: Specific circumstances and requirements under which the guarantee can be called upon
6. Demand Procedure: Process and formalities for making a valid demand under the guarantee
7. Duration and Expiry: Term of the guarantee, including start date, expiry date, and any automatic extension provisions
8. Reduction and Release: Circumstances and process for reducing the guarantee amount or releasing the guarantee
9. Representations and Warranties: Standard declarations by the guarantor regarding authority and capacity to issue the guarantee
10. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Counter-Indemnity: Optional section when the Principal provides counter-indemnity to the Guarantor - typically included in bank-issued guarantees
2. Assignment: Include when transfer or assignment of guarantee rights needs to be addressed
3. Multiple Beneficiaries: Required when there is more than one beneficiary of the guarantee
4. Step-In Rights: Include when the guarantor has the right to take over the underlying contract upon default
5. Currency Provisions: Required when the guarantee involves foreign currency or multiple currencies
6. Tax Provisions: Include when specific tax implications need to be addressed, particularly for cross-border guarantees
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Contract Details: Summary or extract of the main contract being guaranteed
3. Payment Schedule: If applicable, schedule of guaranteed payments or performance milestones
4. Authorized Signatories: List of persons authorized to make demands under the guarantee
5. Bank Details: Banking information for payment processing
Authors
Advance Payment Recovery
Amortization Schedule
Authorized Representative
Beneficiary
Business Day
Demand Notice
Effective Date
Event of Default
Expiry Date
Guarantee Amount
Guarantee Period
Guaranteed Obligations
Guarantor
Underlying Contract
Maximum Liability
Payment Currency
Principal
Project
Recovery Period
Security
Substantial Completion
Supporting Documents
Unamortized Advance
Valid Demand
Works
Writing
Philippine Law
BSP Regulations
Bank Business Hours
Contract Price
Guarantee Reduction
Performance Obligations
Release Date
Governing Law
Payment Terms
Demand Procedure
Duration
Expiry
Reduction
Release
Assignment
Transfer
Representations and Warranties
Indemnification
Notices
Authority
Capacity
Enforcement
Dispute Resolution
Governing Law
Jurisdiction
Amendment
Waiver
Severability
Entire Agreement
Force Majeure
Confidentiality
Counterparts
Currency
Tax
Claims Process
Default Events
Termination
Bank Rights
Documentary Requirements
Communication
Time Limits
Recovery Rights
Construction and Infrastructure
Manufacturing
Energy and Utilities
Mining and Resources
Real Estate Development
Government and Public Works
Telecommunications
Industrial Projects
Engineering Services
Transportation
Legal
Finance
Treasury
Procurement
Commercial
Risk Management
Compliance
Project Management
Contract Administration
Credit
Project Manager
Contract Manager
Legal Counsel
Finance Director
Commercial Director
Risk Manager
Treasury Manager
Procurement Manager
Construction Manager
Chief Financial Officer
Bank Relationship Manager
Compliance Officer
Project Director
General Counsel
Credit Risk Officer
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