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Performance Guarantee Agreement Template for Nigeria

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Key Requirements PROMPT example:

Performance Guarantee Agreement

"I need a Performance Guarantee Agreement under Nigerian law for a construction project in Lagos, where First Bank Nigeria will act as guarantor for ABC Construction Limited's obligations to the Lagos State Government, with a guarantee value of 50 million Naira and an expiry date of March 15, 2025."

Document background
The Performance Guarantee Agreement is a crucial document in Nigerian business transactions, particularly in sectors requiring significant performance commitments. It serves as a risk mitigation tool where one party provides financial backing for another party's obligations. This agreement type is commonly used in construction projects, tender submissions, supply contracts, and other commercial arrangements where performance security is required. Under Nigerian law, these guarantees must comply with local banking regulations, including BOFIA 2020 and CBN guidelines. The document typically includes detailed provisions on the guarantee's scope, demand procedures, validity period, and enforcement mechanisms. It's particularly relevant in the current Nigerian business environment where security for performance is increasingly important in commercial transactions.
Suggested Sections

1. Parties: Identification of the Guarantor, Principal Debtor/Obligor, and Beneficiary

2. Background: Context of the underlying obligation and purpose of the guarantee

3. Definitions: Definitions of key terms used throughout the agreement

4. Guarantee and Indemnity: Core provisions detailing the guarantee obligations and indemnity terms

5. Scope of Guarantee: Specific details of what is being guaranteed and the extent of coverage

6. Duration and Validity: Term of the guarantee and conditions for its validity

7. Demands and Payments: Process and conditions for making demands under the guarantee and payment terms

8. Guarantor's Representations and Warranties: Legal statements and assurances provided by the guarantor

9. Principal Obligations: Description of the underlying obligations being guaranteed

10. Enforcement and Remedies: Rights and procedures for enforcing the guarantee

11. Preservation of Rights: Provisions ensuring the beneficiary's rights are maintained

12. Notices: Communication procedures and contact details

13. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction details

14. Execution Clause: Formal execution block for all parties

Optional Sections

1. Counter-Indemnity: Additional indemnity provisions from the principal debtor to the guarantor, used when there's a back-to-back arrangement

2. Security Provisions: Details of any security provided to support the guarantee, included when specific assets are pledged

3. Step-In Rights: Provisions allowing the guarantor to step into the principal's position, used in complex commercial arrangements

4. Currency Provisions: Specific provisions for handling multiple currencies, included for international transactions

5. Tax Provisions: Handling of tax implications and withholding requirements, needed for significant financial guarantees

6. Assignment and Transfer: Provisions governing the transfer of guarantee rights, included when transferability is contemplated

7. Force Majeure: Provisions for unforeseen circumstances, included in long-term or complex guarantees

Suggested Schedules

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

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

3. Payment Details: Banking and payment information for all parties

4. Corporate Authorizations: Copies of relevant corporate approvals and authorizations

5. Security Details: Details of any security or collateral provided

6. Conditions Precedent: List of conditions that must be satisfied before the guarantee becomes effective

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

Banking and Financial Services

Construction and Infrastructure

Oil and Gas

Manufacturing

Real Estate Development

Government and Public Sector

Telecommunications

Energy

Mining

International Trade

Engineering Services

Relevant Teams

Legal

Finance

Risk Management

Compliance

Commercial

Treasury

Procurement

Operations

Credit

Corporate Secretariat

Project Management

Relevant Roles

Legal Counsel

Contract Manager

Project Manager

Financial Director

Risk Manager

Compliance Officer

Commercial Director

Treasury Manager

Chief Financial Officer

Business Development Manager

Procurement Manager

Company Secretary

Credit Risk Officer

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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