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Performance Letter Of Guarantee Template for Denmark

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Performance Letter Of Guarantee

Document background
The Performance Letter of Guarantee is a crucial document in Danish commercial transactions where one party requires security for another's performance obligations. This instrument is commonly used in construction projects, large-scale procurements, and international trade deals where Danish law applies. The document provides financial security to the beneficiary, typically up to a specified percentage of the contract value, and can be called upon in case of the principal's default or non-performance. Subject to Danish law and banking regulations, the Performance Letter of Guarantee must contain specific elements to be legally enforceable, including clear identification of parties, precise guarantee conditions, and explicit payment terms. It serves as a risk mitigation tool, particularly important in high-value contracts where the beneficiary needs assurance of performance or compensation.
Suggested Sections

1. Bank/Guarantor Details: Full legal name and details of the issuing bank/financial institution

2. Beneficiary Details: Complete identification of the party in whose favor the guarantee is issued

3. Principal Details: Information about the party on whose behalf the guarantee is being issued

4. Reference Information: Details of the underlying contract or project reference numbers

5. Guarantee Amount: Specific amount of the guarantee in clearly stated currency

6. Scope of Guarantee: Clear description of the performance obligations being guaranteed

7. Validity Period: Explicit start and end dates of the guarantee

8. Conditions for Calling: Specific conditions under which the guarantee can be called upon

9. Payment Terms: Timeline and process for payment upon valid demand

10. Governing Law: Explicit statement of Danish law as governing law

11. Jurisdiction: Specification of Danish courts' jurisdiction

Optional Sections

1. Language Clause: Required when the guarantee might be used internationally, specifying that English version prevails

2. Reduction Clause: Used when the guarantee amount can be reduced in stages based on performance milestones

3. Transfer Provisions: Needed if the guarantee rights may be transferred to another beneficiary

4. Force Majeure: Optional clause defining extraordinary circumstances affecting the guarantee

5. Anti-Assignment Clause: Used when transfer of rights needs to be restricted

6. Authentication Method: Required for international guarantees specifying how demands must be authenticated

Suggested Schedules

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

2. Project Details: Summary of the underlying project or contract being guaranteed (if required)

3. Performance Milestones: If applicable, schedule of performance targets linked to guarantee reductions

4. Authentication Specimens: When required, specimen signatures or authentication methods for demand verification

Authors

Relevant legal definitions






























Clauses


























Relevant Industries
Relevant Teams
Relevant Roles
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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