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Performance Bank Guarantee
"I need a Performance Bank Guarantee for a large-scale construction project in Dublin, with a guarantee amount of €5 million, expiring on 30 June 2025, where ABC Bank will be the guarantor for XYZ Construction Limited's obligations to Dublin City Council."
1. Parties: Details of the Bank (Guarantor), the Principal (party whose performance is guaranteed), and the Beneficiary
2. Background: Context of the underlying contract and reason for the guarantee
3. Definitions: Key terms used throughout the guarantee including 'Guaranteed Obligations', 'Maximum Liability Amount', 'Expiry Date'
4. Guarantee and Indemnity: Core guarantee provisions, including the bank's undertaking to pay
5. Demand Requirements: Format and content requirements for making a valid demand under the guarantee
6. Payment Terms: Timing and method of payment upon receipt of valid demand
7. Reduction and Release: Circumstances under which the guarantee amount may be reduced and when the guarantee will be released
8. Expiry: Terms regarding the expiry of the guarantee and any applicable extension mechanisms
9. Assignment: Provisions regarding transfer or assignment of rights under the guarantee
10. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for disputes
1. Multiple Currencies: Required when the guarantee may be called in different currencies
2. Step-in Rights: Include when the beneficiary requires rights to step in and complete the underlying contract
3. Counter-Indemnity: Include when there's a separate counter-indemnity from the principal to the bank
4. Electronic Presentations: Include when demands can be made electronically
5. Force Majeure: Include when specific force majeure provisions are required beyond standard URDG provisions
6. Anti-Money Laundering: Include when enhanced AML provisions are required beyond standard bank procedures
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Contract Extract: Relevant excerpts from the underlying contract being guaranteed
3. Bank's Standard Terms: Standard terms and conditions of the issuing bank
4. Authorized Signatories: List of persons authorized to make demands under the guarantee
Authors
Construction
Infrastructure
Manufacturing
Energy
Technology Services
Telecommunications
Engineering
Defense
Real Estate Development
Mining
Renewable Energy
Legal
Finance
Treasury
Procurement
Commercial
Risk Management
Operations
Compliance
Project Management
Project Manager
Contract Manager
Commercial Director
Chief Financial Officer
Treasury Manager
Legal Counsel
Procurement Manager
Risk Manager
Business Development Director
Operations Director
Bank Relationship Manager
Compliance Officer
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