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1. Parties: Identification of the Bank (Guarantor), the Account Holder, and the Beneficiary with full legal names and details
2. Background: Context of the guarantee, including the underlying relationship between the Account Holder and the Beneficiary
3. Definitions: Key terms used throughout the guarantee document
4. Guarantee Amount: Specific amount of the guarantee and currency
5. Scope of Guarantee: Precise description of what the guarantee covers and any limitations
6. Duration and Validity: Commencement date, expiry date, and any conditions affecting the validity period
7. Claim Procedures: Process and requirements for making a claim under the guarantee
8. Bank's Obligations: Detailed description of the bank's responsibilities and commitment under the guarantee
9. Payment Terms: Conditions and process for payment upon valid claim
10. Reduction and Release: Circumstances under which the guarantee amount may be reduced or the guarantee released
11. Termination: Conditions and process for termination of the guarantee
12. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction for disputes
1. Force Majeure: Optional clause addressing unforeseeable circumstances preventing fulfillment of obligations
2. Assignment: Include when transfer of rights under the guarantee needs to be addressed
3. Multiple Beneficiaries: Include when there is more than one beneficiary to specify their rights and relationships
4. Counter-Indemnity: Include when the bank requires specific indemnification from the account holder
5. Electronic Communications: Include when parties agree to accept electronic notifications and communications
6. Currency Provisions: Include for international guarantees or when currency conversion might be necessary
7. Step-In Rights: Include when beneficiary may need rights to take over or manage underlying obligations
1. Schedule 1 - Form of Demand: Template for making a claim under the guarantee
2. Schedule 2 - Authorized Signatories: List of persons authorized to make claims or give notices
3. Schedule 3 - Supporting Documentation: List of required documents to be submitted with claims
4. Appendix A - Underlying Agreement Reference: Details of the underlying agreement or relationship being guaranteed
5. Appendix B - Fee Schedule: Details of any fees, charges, and commission applicable to the guarantee
Account Holder
Applicable Laws
Authorized Representative
Bank
Banking Day
Beneficiary
Claim
Claim Notice
Commencement Date
Default Event
Demand
Effective Date
Expiry Date
Guarantee
Guarantee Amount
Guaranteed Obligations
Guarantor
Notices
Parties
Payment Date
Principal Agreement
Release Date
Security
Signature Date
Supporting Documentation
Termination Date
Termination Event
Underlying Agreement
Valid Claim
Business Day
Regulatory Authority
FICA Requirements
Exchange Control Regulations
Material Adverse Change
Permitted Assignment
Event of Default
Force Majeure Event
Dispute Resolution Procedures
Governing Law
Interpretation
Issue of Guarantee
Guarantee Amount
Duration
Claim Procedures
Payment Obligations
Conditions Precedent
Representations and Warranties
Bank's Rights and Obligations
Account Holder's Obligations
Beneficiary's Rights
Default Events
Termination
Reduction and Release
Assignment and Transfer
Counter-Indemnity
Security
Fees and Costs
Notices
Force Majeure
Confidentiality
Data Protection
Anti-Money Laundering
Compliance with Laws
Currency Provisions
Set-Off Rights
Dispute Resolution
Governing Law and Jurisdiction
Severability
Entire Agreement
Amendment
Waiver
Electronic Communications
Signatures
Banking
Financial Services
Real Estate
Construction
Manufacturing
Retail
Mining
Infrastructure
Telecommunications
Energy
International Trade
Professional Services
Legal
Finance
Treasury
Risk Management
Compliance
Commercial
Procurement
Corporate Secretariat
Business Development
Account Management
Chief Financial Officer
Finance Director
Treasury Manager
Financial Controller
Risk Manager
Commercial Director
Legal Counsel
Compliance Officer
Banking Relationship Manager
Credit Manager
Contract Manager
Procurement Manager
Company Secretary
Business Development Manager
Account Executive
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