Financial Guarantee And Performance Guarantee documents are essential instruments in Singapore's commercial landscape, providing dual protection for both monetary and performance obligations. These guarantees are commonly used in project financing, construction contracts, and international trade, offering beneficiaries security against both payment defaults and performance failures. Under Singapore law, these guarantees can be structured as either on-demand or conditional instruments, following the principles established in Singapore's Contract Act and banking regulations.
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1. Parties: Identification of guarantor, beneficiary, and principal debtor
2. Background: Context of the guarantee, underlying obligations, and relationship between parties
3. Definitions: Key terms used throughout the guarantee document
4. Guarantee and Indemnity: Core obligations of the guarantor, scope of guarantee, and indemnification provisions
5. Demand and Payment: Process for making claims, payment terms, and conditions for triggering guarantee
6. Duration and Release: Term of guarantee, expiry conditions, and release mechanisms
7. Representations and Warranties: Guarantor's confirmations regarding capacity and authority
8. Governing Law and Jurisdiction: Applicable law and dispute resolution provisions
1. Security Provisions: Additional security arrangements when guarantee is secured by specific assets
2. Step-In Rights: Rights to assume control of underlying project/contract, used for performance guarantees in project contracts
3. Currency Provisions: Exchange rate mechanisms and currency risk allocation for cross-border guarantees
4. Counter-Indemnity: Principal debtor's obligation to indemnify guarantor, included when principal debtor is party to guarantee document
1. Form of Demand: Template for making claims under the guarantee
2. Underlying Obligations: Details of guaranteed obligations or performance requirements
3. Corporate Authorizations: Relevant board resolutions and powers of attorney
4. Security Documents: Details of any associated security arrangements when security is provided
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