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Advance Payment Agreement
"I need an Advance Payment Agreement under Irish law for a €5 million construction project, where we're making a 15% advance payment secured by a bank guarantee, with the agreement to be effective from March 1, 2025."
1. Parties: Identifies and defines the parties to the agreement, including full legal names and addresses
2. Background: Sets out the context and purpose of the advance payment arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Advance Payment Amount and Purpose: Specifies the amount of advance payment and its intended use
5. Payment Terms: Details the timing, method, and conditions of the advance payment
6. Security Arrangements: Outlines any security measures protecting the advance payment
7. Obligations of the Parties: Defines the responsibilities and commitments of each party
8. Use of Advance Payment: Specifies permitted and restricted uses of the advance payment
9. Repayment or Set-off Terms: Details how the advance payment will be applied or repaid
10. Default and Remedies: Specifies events of default and available remedies
11. Representations and Warranties: Contains statements of fact and promises made by the parties
12. Governing Law and Jurisdiction: Specifies Irish law as governing law and jurisdiction
13. Execution: Signature blocks and execution formalities
1. Bank Guarantee: Required when the advance payment is secured by a bank guarantee
2. Parent Company Guarantee: Include when a parent company guarantee is provided as security
3. Interest Provisions: Required when interest is payable on the advance payment
4. VAT and Tax Provisions: Include detailed tax treatment if complex tax implications exist
5. Insurance Requirements: Include when specific insurance is required to protect the advance payment
6. Dispute Resolution: Include detailed arbitration or mediation procedures if agreed
7. Force Majeure: Include when advance payment might be affected by force majeure events
8. Assignment and Transfer: Include if rights under the agreement may be assigned
1. Payment Schedule: Detailed breakdown of payment amounts, dates, and milestones
2. Form of Bank Guarantee: Template or agreed form of bank guarantee if applicable
3. Project or Works Description: Detailed description of the project or works for which advance payment is made
4. Security Documents: Forms of security documents required for the advance payment
5. Advance Payment Recovery Schedule: Schedule showing how advance payment will be recovered or applied
6. Key Personnel: List of key personnel responsible for managing the advance payment
7. Required Insurances: Details of required insurance coverage and terms
Authors
Construction
Manufacturing
Engineering
Infrastructure
Real Estate Development
Technology
Energy
Industrial Projects
Telecommunications
Defense Contracting
Renewable Energy
Maritime
Aviation
Legal
Finance
Commercial
Procurement
Treasury
Risk Management
Operations
Project Management
Contract Administration
Corporate Governance
Commercial Director
Project Manager
Financial Controller
Contract Manager
Chief Financial Officer
Procurement Manager
Legal Counsel
Treasury Manager
Risk Manager
Operations Director
Construction Manager
Finance Director
Company Secretary
Commercial Manager
Project Finance Manager
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