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Contract Performance Guarantee Template for Nigeria

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Key Requirements PROMPT example:

Contract Performance Guarantee

"I need a Contract Performance Guarantee for a construction project in Lagos, Nigeria, where ABC Bank will guarantee NGN 500 million for XYZ Construction Company's performance in building a commercial complex, with the guarantee period running until March 2025."

Document background
The Contract Performance Guarantee is a crucial security instrument in Nigerian commercial transactions, particularly used in high-value contracts and projects where performance assurance is essential. It provides financial security to the beneficiary (typically a project owner or employer) against the risk of non-performance or default by the principal (usually a contractor or service provider). The guarantee is typically issued by Nigerian banks or financial institutions regulated by the Central Bank of Nigeria, or sometimes by international banks with corresponding Nigerian bank confirmation. The document must comply with Nigerian banking regulations, contract law, and financial sector requirements, making it a robust instrument for securing contractual obligations in various commercial contexts.
Suggested Sections

1. Parties: Identifies the Guarantor (typically a bank/financial institution), the Beneficiary (party receiving the guarantee), and references the Principal (party whose performance is being guaranteed)

2. Background: Describes the underlying contract being guaranteed and explains why the guarantee is being provided

3. Definitions: Defines key terms used throughout the guarantee, including 'Guaranteed Obligations', 'Guarantee Amount', and 'Guarantee Period'

4. Guarantee: States the fundamental guarantee commitment and the maximum amount guaranteed

5. Scope of Guarantee: Details what specific obligations or performances are covered by the guarantee

6. Duration and Validity: Specifies the effective period of the guarantee and any conditions for extension

7. Demand Requirements: Outlines the process and conditions for making a claim under the guarantee

8. Payment Terms: Specifies how and when payment will be made following a valid demand

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

10. Governing Law and Jurisdiction: Specifies Nigerian law as governing law and establishes jurisdiction for disputes

Optional Sections

1. Multiple Beneficiaries: Required when there is more than one beneficiary, detailing how the guarantee operates in relation to multiple parties

2. Assignment: Include if assignment of the guarantee rights needs to be addressed specifically

3. Currency Provisions: Required for international contracts or when the guarantee amount is in a foreign currency

4. Step-In Rights: Include when the guarantor has the right to step in and perform the contract instead of making payment

5. Counter-Indemnity: Include when there's a separate counter-indemnity from the principal to the guarantor

6. Tax Provisions: Required when tax implications need to be specifically addressed

7. Force Majeure: Include when specific events that might affect the guarantee need to be addressed

Suggested Schedules

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

2. Underlying Contract: Copy or summary of the contract being guaranteed

3. Payment Details: Banking and account details for guarantee payments

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

5. Supporting Documentation: List of required documents to be submitted with any demand

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

Oil and Gas

Infrastructure Development

Manufacturing

Energy

Telecommunications

Government and Public Sector

Mining

Real Estate Development

Engineering Services

Defense Contracting

Transportation

Relevant Teams

Legal

Finance

Treasury

Risk Management

Commercial

Procurement

Operations

Compliance

Project Management

Business Development

Relevant Roles

Chief Financial Officer

Project Manager

Contract Manager

Legal Counsel

Risk Manager

Treasury Manager

Commercial Director

Procurement Manager

Business Development Manager

Operations Director

Finance Manager

Company Secretary

Compliance Officer

Banking Relationship Manager

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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