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Advance Payment Agreement
"I need an Advance Payment Agreement governed by Saudi law for a construction project where we'll provide a 15% advance payment to our contractor, with recovery through monthly deductions from progress payments and backed by a bank guarantee."
1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including the purpose of the advance payment and the underlying business relationship
3. Definitions: Key terms used throughout the agreement, including 'Advance Payment', 'Project', 'Completion Date', etc.
4. Advance Payment Amount: Specification of the advance payment amount, currency, and payment details
5. Payment Terms: Timeline and method of advance payment, including bank details and transfer instructions
6. Security and Guarantees: Details of advance payment guarantee, bank guarantees, or other security measures
7. Recovery/Repayment Mechanism: How the advance payment will be recovered or set off against future payments or deliverables
8. Obligations of the Parties: Specific duties and responsibilities of each party regarding the advance payment
9. Events of Default: Circumstances that constitute default and trigger immediate repayment obligations
10. Governing Law and Jurisdiction: Confirmation of Saudi law application and dispute resolution mechanisms
11. Term and Termination: Duration of the agreement and circumstances for early termination
12. Notices: Communication procedures and contact details for official notices
1. Sharia Compliance Declaration: Statement confirming compliance with Islamic finance principles - include when dealing with Islamic financial institutions
2. Currency Exchange Provisions: Include when advance payment involves foreign currency transactions
3. Project Milestones: Include when advance payment is linked to specific project deliverables or stages
4. Insurance Requirements: Include when specific insurance coverage is required for the advance payment
5. Force Majeure: Include when needed to address potential extraordinary circumstances affecting repayment
6. Assignment Rights: Include when either party may need to transfer rights under the agreement
1. Payment Schedule: Detailed breakdown of advance payment amount, installments, and recovery schedule
2. Form of Advance Payment Guarantee: Template or actual bank guarantee document
3. Project Timeline: Schedule of project milestones and corresponding payment recovery points
4. Bank Details: Complete banking information for all parties
5. Required Documents: List of documents required for processing advance payment
6. Authorized Signatories: List of persons authorized to act on behalf of each party
Authors
Construction
Manufacturing
Engineering
Infrastructure Development
Oil and Gas
Defense
Technology
Real Estate Development
Industrial Projects
Government Contracting
Legal
Finance
Commercial
Procurement
Project Management
Treasury
Risk Management
Compliance
Operations
Contract Administration
Contract Manager
Legal Counsel
Finance Director
Project Manager
Commercial Manager
Chief Financial Officer
Treasury Manager
Procurement Manager
Risk Manager
Compliance Officer
Business Development Manager
Operations Director
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