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Open Ended Bank Guarantee
"Need an Open Ended Bank Guarantee for a major construction project in Singapore, with a guarantee amount of SGD 5 million, where my company is the principal and ABC Development Pte Ltd is the beneficiary, including specific provisions for partial claims and step-in rights."
1. Parties: Details of the Bank (Guarantor), Principal (Applicant), and Beneficiary
2. Background: Context of the guarantee and underlying transaction
3. Definitions: Key terms used throughout the guarantee
4. Guarantee Amount: Maximum liability amount under the guarantee
5. Scope of Guarantee: Specific obligations covered by the guarantee
6. Demand Requirements: Process and conditions for making claims
7. Duration and Validity: Terms regarding the open-ended nature of the guarantee
8. Governing Law and Jurisdiction: Specification of Singapore law as governing law and jurisdiction for disputes
9. Notice Provisions: Requirements for valid notices and communications between parties
1. Counter-Indemnity: Used when principal provides indemnity to bank - typically included when requested by the bank as additional security
2. Assignment Provisions: Transfer rights of the guarantee - included when parties require transferability
3. Step-In Rights: Bank's rights to intervene in underlying transaction - relevant for complex project financing arrangements
4. Foreign Law Compliance: Additional provisions for cross-border guarantees - included when the underlying transaction involves multiple jurisdictions
1. Form of Demand: Template for making claims under the guarantee
2. Underlying Contract Details: Summary of the principal contract being guaranteed
3. Supporting Documents: List of required documentation for claims
4. Fee Schedule: Bank's fees and charges for maintaining the guarantee
5. Authorized Signatories: List of persons authorized to make demands under the guarantee
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