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1. Parties: Identification and details of the parties entering into the agreement, including registration numbers for companies
2. Background: Context of the agreement, including the purpose of the advance payment and the underlying business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Advance Payment Amount: Specification of the advance payment amount, currency, and payment details
5. Purpose and Use of Advance Payment: Detailed description of how the advance payment will be used and any restrictions on its use
6. Payment Terms: Terms and conditions for making the advance payment, including timing and method of payment
7. Security Provisions: Security measures to protect the advance payment, such as bank guarantees or other forms of security
8. Repayment Terms: Conditions and schedule for repayment or utilization of the advance payment
9. Obligations of the Parties: Specific duties and responsibilities of each party under the agreement
10. Default and Remedies: Consequences of default and available remedies for both parties
11. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction for disputes
12. General Provisions: Standard contractual provisions including notices, amendments, and entire agreement clause
1. Force Majeure: Provisions for unforeseen circumstances preventing performance, used when advance payment is linked to specific performance obligations
2. Interest: Terms for interest on the advance payment, if applicable
3. Tax Provisions: Specific tax implications and responsibilities, used when tax considerations are significant
4. Currency Exchange: Provisions for handling currency exchange risks, used for international transactions
5. Step-in Rights: Rights to take control of certain aspects if conditions are not met, used in complex project-related advance payments
6. Insurance: Insurance requirements related to the advance payment, used when specific risks need to be covered
7. Confidentiality: Provisions for protecting confidential information, used when sensitive information is involved
8. Anti-corruption Compliance: Specific anti-corruption provisions, used in high-value or government-related transactions
1. Payment Schedule: Detailed schedule of advance payment disbursement and/or repayment terms
2. Security Documents: Forms of security, guarantees, or bonds to be provided
3. Project Timeline: Timeline of the project or activities for which the advance payment is made
4. Bank Details: Banking information for all parties involved in the transaction
5. Required Documentation: List of documents required for disbursement of advance payment
6. Compliance Certificates: Templates or copies of required compliance certificates
7. Insurance Requirements: Detailed insurance specifications if required under the agreement
Agreement
Advance Payment Guarantee
Bank Guarantee
Business Day
Completion Date
Confidential Information
Contract Price
Defect Liability Period
Effective Date
Event of Default
Force Majeure Event
Governing Law
Interest Rate
Material Adverse Effect
Milestone
Notice
Parent Company Guarantee
Parties
Payment Schedule
Performance Security
Project
Project Documents
Repayment Date
Security
Security Documents
Signing Date
Specifications
Substantial Completion
Term
Underlying Contract
Works
Advance Payment Terms
Security Arrangements
Payment Conditions
Bank Guarantees
Performance Obligations
Default Events
Representations and Warranties
Repayment Terms
Interest
Set-off Rights
Force Majeure
Assignment
Confidentiality
Dispute Resolution
Governing Law
Notices
Amendment
Severability
Entire Agreement
Termination
Anti-Corruption
Compliance with Laws
Indemnification
Waiver
Currency
Tax
Insurance
Record Keeping
Audit Rights
Construction
Manufacturing
Engineering
Infrastructure Development
Mining
Energy
Technology
Defense
Telecommunications
Industrial Projects
Real Estate Development
Transportation
Legal
Finance
Procurement
Commercial
Treasury
Risk Management
Operations
Project Management
Compliance
Contract Administration
Contract Manager
Legal Counsel
Financial Director
Project Manager
Commercial Manager
Procurement Manager
Chief Financial Officer
Risk Manager
Treasury Manager
Legal Director
Commercial Director
Finance Manager
Operations Director
Company Secretary
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