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Bank Guarantee For Performance Security
"I need a Bank Guarantee for Performance Security for a PHP 50 million construction project in Manila, where my company is the contractor, with the guarantee valid until March 2025 and including step-down provisions as construction milestones are achieved."
1. Parties: Identifies the bank (Guarantor), the party requiring the guarantee (Principal), and the beneficiary of the guarantee (Beneficiary)
2. Background: States the context of the guarantee, referencing the underlying contract or agreement for which the performance security is being provided
3. Definitions: Defines key terms used throughout the guarantee document
4. Guarantee Amount: Specifies the maximum amount of the guarantee and the currency
5. Scope of Guarantee: Details what performance or obligations are being guaranteed and the extent of the bank's liability
6. Duration and Validity: Specifies the effective date, expiry date, and any conditions affecting the guarantee's validity
7. Demand Requirements: Sets out the process and requirements for making a claim under the guarantee
8. Payment Terms: Specifies how and when payment will be made upon a valid demand
9. Bank's Rights and Obligations: Details the rights, obligations, and limitations of the guarantor bank
10. Governing Law and Jurisdiction: Specifies Philippine law as governing law and establishes jurisdiction for disputes
11. Notices: Provides the method and addresses for serving notices under the guarantee
1. Counter-Guarantee: Include when there is a counter-guarantee arrangement with another bank or financial institution
2. Assignment: Include when the guarantee needs to address whether rights under it can be assigned
3. Reduction Clause: Include when the guarantee amount can be progressively reduced based on contract performance
4. Force Majeure: Include when specific force majeure provisions need to be addressed
5. Language: Include when the guarantee might be issued in multiple languages
6. Anti-Money Laundering Compliance: Include when specific AML requirements need to be addressed
7. Multiple Beneficiaries: Include when there are multiple beneficiaries under the guarantee
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Contract Extract: Relevant excerpts from the underlying contract referring to the performance security requirement
3. Authority Documents: List of documents evidencing the authority of signatories
4. Performance Metrics: If applicable, specific performance metrics or milestones that trigger guarantee obligations
5. Bank's Standard Terms and Conditions: Standard terms and conditions of the issuing bank that apply to the guarantee
Authors
Applicable Law
Authorized Representative
Banking Day
Beneficiary
Business Day
Claim
Contract
Contract Price
Demand
Effective Date
Event of Default
Expiry Date
Force Majeure
Guarantee Amount
Guarantee Period
Guaranteed Obligations
Guarantor
Maximum Liability
Notice
Parties
Performance Default
Philippine Peso
Principal
Project
Required Currency
Security
Substantial Completion
Underlying Contract
Valid Claim
Works
Guarantee
Duration
Payment Obligations
Claim Procedure
Bank's Rights
Reduction
Assignment
Amendments
Representations and Warranties
Force Majeure
Notices
Governing Law
Dispute Resolution
Severability
Entire Agreement
Counterparts
Compliance with Laws
Confidentiality
Waiver
Currency
Tax
Indemnification
Authority
Multiple Beneficiaries
Termination
Language
Anti-Money Laundering
Banking Regulations Compliance
Costs and Expenses
Banking and Financial Services
Construction and Infrastructure
Government and Public Sector
Real Estate Development
Manufacturing
Energy and Utilities
Telecommunications
Mining and Resources
Transportation and Logistics
Defense and Security
Legal
Finance
Treasury
Procurement
Risk Management
Compliance
Commercial Operations
Credit
Business Development
Project Management
Contract Administration
Project Manager
Contract Manager
Finance Director
Chief Financial Officer
Treasury Manager
Bank Relationship Manager
Procurement Manager
Legal Counsel
Risk Manager
Commercial Director
Operations Director
Compliance Officer
Credit Risk Officer
Business Development Manager
Account Executive
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