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Contract Performance Guarantee Template for United Arab Emirates

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Key Requirements PROMPT example:

Contract Performance Guarantee

"I need a Contract Performance Guarantee for a UAE construction project where ABC Bank will guarantee AED 5 million on behalf of Global Construction LLC to Emirates Development Corporation, with the guarantee valid until March 15, 2025."

Document background
The Contract Performance Guarantee is a crucial document in UAE business transactions, particularly in sectors requiring significant contractual commitments. It serves as a risk mitigation tool where one party (typically a bank) guarantees the performance obligations of another party under a primary contract. The guarantee must comply with UAE Federal Law No. 5 of 1985 (Civil Code) and Federal Law No. 18 of 1993 (Commercial Code), and often incorporates international banking practices. The document becomes especially important in government contracts, construction projects, and large commercial transactions where parties seek security for performance obligations. A Contract Performance Guarantee typically specifies the guaranteed amount, validity period, conditions for demand, and payment terms, providing a clear mechanism for the beneficiary to claim compensation in case of the principal's default.
Suggested Sections

1. Parties: Identification of the Guarantor (typically a bank or financial institution), the Beneficiary (party receiving the guarantee), and the Principal (party whose obligations are being guaranteed)

2. Background: Details of the underlying contract or obligation being guaranteed, including reference numbers and dates

3. Definitions: Key terms used in the guarantee, including 'Guaranteed Amount', 'Expiry Date', and 'Demand Notice'

4. Guarantee: Core provision stating the guaranteed amount and the guarantor's unconditional undertaking to pay

5. Term and Validity: Duration of the guarantee, including start date, expiry date, and any automatic extension provisions

6. Demand Requirements: Procedure and conditions for making a demand under the guarantee, including format and supporting documentation requirements

7. Payment Terms: Timeframe and method for payment upon receipt of a valid demand

8. Reduction and Release: Conditions under which the guarantee amount may be reduced or the guarantee released

9. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction of UAE courts

Optional Sections

1. Assignment: Include when the guarantee needs to be transferable or when assignment needs to be specifically prohibited

2. Language Precedence: Include when the guarantee is bilingual to specify which language version prevails

3. Multiple Demands: Include when multiple partial demands are allowed under the guarantee

4. Force Majeure: Include for longer-term guarantees to address extraordinary events affecting performance

5. Anti-Money Laundering Compliance: Include when required by bank policies or regulatory requirements

6. Electronic Presentations: Include when electronic submission of demands is permitted

Suggested Schedules

1. Form of Demand: Template for making a valid demand under the guarantee

2. Copy of Underlying Contract: Referenced contract or obligation being guaranteed (may be attached in redacted form)

3. Authorized Signatories: List of persons authorized to make demands under the guarantee

4. Arabic Translation: Official Arabic translation of the guarantee when the original is in English

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Banking & Financial Services

Construction & Infrastructure

Real Estate Development

Oil & Gas

Government & Public Sector

Manufacturing

Trading & Commerce

Energy & Utilities

Telecommunications

Healthcare

Education

Relevant Teams

Legal

Finance

Treasury

Risk Management

Procurement

Commercial

Project Management

Operations

Compliance

Business Development

Contract Administration

Relevant Roles

Chief Financial Officer

Legal Counsel

Contract Manager

Project Manager

Risk Manager

Treasury Manager

Commercial Director

Procurement Manager

Business Development Manager

Finance Director

Company Secretary

Compliance Officer

Bank Relationship Manager

Construction Manager

Operations Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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