Example of Advance Payment Guarantee

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EXAMPLE OF ADVANCE PAYMENT GUARANTEE

Brief description of Contract


..

Name and address of Beneficiary


. of .
. (whom the Contract defines as the
Employer).

We have been informed that ..


(hereinafter called the "Principal") is your Contractor under such Contract
and wishes to receive an advance payment, for which the Contract
requires him to obtain a guarantee.

At the request of the Principal, we (name


of bank) hereby irrevocably undertake to pay you, the
Beneficiary/Employer, any sum or sums not exceeding in total the amount
of Ringgit Malaysia .. (RM ..) (the
"guaranteed amount") upon receipt by us of your demand in writing and
your written statement stating:

(a) that the Principal has failed to repay the advance payment in
accordance with the conditions of the Contract, and

(b) the amount which the Principal has failed to repay.

This guarantee shall become effective upon receipt [of the first
instalment] of the advance payment by the Principal. Such guaranteed
amount shall be reduced by the amounts of the advance payment repaid
to you, as evidenced by your notices issued under the Conditions of
Contract. Following receipt (from the Principal) of a copy of each
purported notice, we shall promptly notify you of the revised guaranteed
amount accordingly.

Any demand for payment must contain your signature(s) which must be
authenticated by your bankers or by a notary public. The authenticated
demand and statement must be received by us at this office on or before
(the date 28 days after the expected expiry of the Time for Completion)
(the "expiry date"), when this guarantee shall expire and shall be
returned to us.

We have been informed that the Beneficiary may require the Principal to
extend this guarantee if the advance payment has not been repaid by the
date 28 days prior to such expiry date. We undertake to pay you such
guaranteed amount upon receipt by us, within such period of 28 days, of
your demand in writing and your written statement that the advance
payment has not been repaid and that this guarantee has not been
extended.

This guarantee shall be governed by the laws of Malaysia.

Date and Signature(s)

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