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Contract Performance Guarantee Template for Germany

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Key Requirements PROMPT example:

Contract Performance Guarantee

"I need a Contract Performance Guarantee where Deutsche Bank acts as guarantor for our construction company's obligations on the Berlin Airport expansion project, with a guarantee amount of €5 million and validity until March 15, 2025."

Document background
Contract Performance Guarantees are essential security instruments in German commercial practice, particularly in complex business transactions and construction projects. This document type is utilized when one party (the beneficiary) requires financial security for the performance obligations of another party (the principal). A Contract Performance Guarantee provides this security through a third party (typically a bank) that guarantees payment up to a specified amount if the principal fails to meet their contractual obligations. Under German law, these guarantees must comply with specific formality requirements and typically include detailed provisions regarding the trigger events, claim procedures, and payment terms. They are particularly common in construction contracts, large supply agreements, and international trade transactions where the parties seek additional security for performance obligations.
Suggested Sections

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

2. Background: Context of the guarantee, including reference to the underlying contract or obligation being guaranteed

3. Definitions: Key terms used in the guarantee document, including 'Guaranteed Obligations', 'Maximum Liability Amount', and 'Guarantee Period'

4. Guarantee: Core section detailing the guarantee commitment, maximum amount, and nature of the guarantee (conditional or unconditional)

5. Duration: Validity period of the guarantee, including effective date and expiry conditions

6. Claims Procedure: Process and requirements for making claims under the guarantee, including any notice requirements

7. Payment Terms: Timing and method of payment upon valid claims, including currency and bank account details

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

9. Governing Law and Jurisdiction: Explicit statement of German law as governing law and jurisdiction provisions

Optional Sections

1. Multiple Guarantors: Required when there is more than one guarantor, specifying joint and several liability

2. Assignment and Transfer: Include when transfer rights need to be specifically addressed or restricted

3. Counter-Indemnity: Include when the guarantor requires specific indemnification from the principal

4. Force Majeure: Optional section addressing circumstances that might affect the guarantee obligations

5. Language: Required when the guarantee is bilingual or when specifying which language version prevails

6. Dispute Resolution: Include when specific arbitration or alternative dispute resolution procedures are required

7. Electronic Execution: Include when the guarantee may be executed electronically or in counterparts

Suggested Schedules

1. Schedule 1 - Underlying Contract Details: Copy or summary of the main contract being guaranteed

2. Schedule 2 - Form of Demand: Template for making claims under the guarantee

3. Schedule 3 - Performance Standards: Specific performance criteria that trigger the guarantee, if applicable

4. Appendix A - Authority Documents: Copies of authority documentation for the guarantor's signatories

5. Appendix B - Bank Details: Payment account details for claims under the guarantee

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

Relevant legal definitions

























Clauses
























Relevant Industries

Construction

Manufacturing

Infrastructure

Energy

Telecommunications

Real Estate Development

Engineering

Defense Contracting

Technology Services

International Trade

Banking and Finance

Public Sector Projects

Relevant Teams

Legal

Finance

Risk Management

Treasury

Commercial

Procurement

Project Management

Compliance

Credit Risk

International Business

Corporate Banking

Relevant Roles

Legal Counsel

Contract Manager

Project Manager

Finance Director

Risk Manager

Treasury Manager

Commercial Director

Procurement Manager

Construction Manager

Account Executive

Business Development Manager

Compliance Officer

Corporate Banker

Credit Risk Officer

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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