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Bank Guarantee And Performance Guarantee
"Need a Bank Guarantee and Performance Guarantee for a large-scale construction project in London, with a guaranteed amount of £5 million, expiring on 30 June 2025, with step-in rights for the beneficiary in case of contractor default."
1. Parties: Identifies the guarantor (bank), beneficiary, and principal obligor
2. Background: Explains the underlying transaction and purpose of the guarantee
3. Definitions: Defines key terms used throughout the guarantee
4. Guarantee and Indemnity: Core obligations of the guarantor
5. Amount and Currency: Specifies the maximum guaranteed amount and currency
6. Duration and Expiry: Validity period of the guarantee
7. Demand Requirements: Process and conditions for making claims
8. Payment Terms: Timing and method of payment upon demand
9. Governing Law and Jurisdiction: Specifies applicable law and courts
1. Assignment Provisions: Used when transfer rights are needed - include when guarantee may need to be transferred
2. Counter-Indemnity: Principal's obligation to reimburse guarantor - include when separate counter-indemnity is not executed
3. Step-In Rights: Rights to take over underlying contract - include for performance guarantees in construction/project finance
1. Form of Demand: Template for making claims under the guarantee
2. Underlying Contract Details: Summary of the contract being guaranteed
3. Bank's Authorization: Evidence of authority to issue guarantee
4. Performance Standards: For performance guarantees, specific standards to be met
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