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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."
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
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
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
Construction
Manufacturing
Infrastructure
Energy
Telecommunications
Real Estate Development
Engineering
Defense Contracting
Technology Services
International Trade
Banking and Finance
Public Sector Projects
Legal
Finance
Risk Management
Treasury
Commercial
Procurement
Project Management
Compliance
Credit Risk
International Business
Corporate Banking
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
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