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1. Parties: Identifies the three key parties: the Guarantor (bank/insurance company), the Principal (party whose performance is being guaranteed), and the Beneficiary (party receiving the guarantee)
2. Background: Sets out the context of the underlying agreement requiring the guarantee and the purpose of this bond
3. Definitions: Defines key terms used throughout the document, including 'Guaranteed Obligations', 'Maximum Liability Amount', and 'Expiry Date'
4. Guarantee and Indemnity: Core section establishing the guarantee, including the scope and nature of the guaranteed obligations
5. Maximum Liability: Specifies the maximum amount for which the guarantor can be liable under the bond
6. Duration and Expiry: Specifies when the bond becomes effective and when it expires or terminates
7. Demand Requirements: Sets out the process and requirements for making a valid demand under the bond
8. Payment Obligations: Details the guarantor's obligations when a valid demand is made
9. Discharge and Release: Specifies conditions under which the guarantor will be discharged from obligations
10. Assignment and Transfer: Addresses whether and how the bond may be assigned or transferred
11. Governing Law and Jurisdiction: Specifies New Zealand law as governing law and sets jurisdiction for disputes
12. Execution: Formal execution block for all parties to sign
1. Counter Indemnity: Used when the principal is required to indemnify the guarantor against claims under the bond
2. Step-in Rights: Include when the guarantor has the right to step in and complete the underlying obligation
3. Multiple Beneficiaries: Required when there is more than one beneficiary to specify how they may make demands
4. Reduction Provisions: Include when the maximum liability amount reduces over time or upon certain events
5. Currency Provisions: Required when the bond involves international parties or multiple currencies
6. Notice Provisions: Detailed notice requirements section needed for complex projects or international parties
1. Form of Demand: Template for making a valid demand under the bond
2. Underlying Agreement Details: Summary or extract of the key obligations being guaranteed from the underlying agreement
3. Project Milestones: If the bond relates to specific project milestones or stages
4. Authorized Signatories: List of persons authorized to make demands under the bond
5. Bank Details: Payment instructions and bank account details for demands
Find the exact document you need
Financial Performance Guarantee
A New Zealand-governed guarantee agreement where a guarantor ensures the financial or performance obligations of a principal debtor to a beneficiary.
Contract Performance Guarantee
A New Zealand law-governed guarantee document where a guarantor commits to compensate a beneficiary if a contractor fails to meet their contractual obligations.
Bank Guarantee Performance Bond
A New Zealand law-governed financial instrument issued by a bank to guarantee a contractor's performance obligations, providing security to the principal through an unconditional payment undertaking.
Performance Guarantee Bond
A New Zealand law-governed financial instrument where a guarantor guarantees the performance obligations of a principal to a beneficiary, providing security for commercial and project-based transactions.
Performance Bank Guarantee
A New Zealand law-governed bank guarantee ensuring contractual performance obligations, where a bank guarantees payment to a beneficiary if a principal party defaults on their obligations.
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