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Performance Letter Of Guarantee Template for Netherlands

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Key Requirements PROMPT example:

Performance Letter Of Guarantee

"I need a Performance Letter of Guarantee for a €5 million office construction project in Amsterdam, with the guarantee period running from March 1, 2025 to December 31, 2025, including step-in rights for the project owner if the contractor defaults."

Document background
Performance Letters of Guarantee are essential financial instruments in Dutch business transactions, particularly in large-scale projects and contracts. These documents are used when a party (typically a project owner) requires security for the performance obligations of another party (usually a contractor). A Performance Letter of Guarantee provides assurance that if the contractor fails to meet their contractual obligations, the beneficiary can claim compensation directly from the guarantor bank up to the guaranteed amount. Under Dutch law, these guarantees are governed by the Civil Code and financial regulations, making them robust instruments for risk management. They are commonly required in tender processes, construction projects, and major supply contracts, offering a balance between protecting the beneficiary's interests and facilitating business operations.
Suggested Sections

1. Issuing Bank Details: Full name and address of the bank/financial institution issuing the guarantee

2. Beneficiary Details: Full name and address of the party receiving the guarantee (typically the employer/project owner)

3. Principal Details: Full name and address of the party for whom the guarantee is being issued (typically the contractor)

4. Reference Information: Guarantee number, date, and reference to the underlying contract

5. Underlying Contract Details: Description of the main contract being guaranteed, including contract reference number and date

6. Guarantee Amount: The maximum amount of the guarantee, both in figures and words

7. Guarantee Scope: Clear description of what performance aspects are being guaranteed

8. Validity Period: Start and end dates of the guarantee, including any automatic extension conditions

9. Claim Conditions: Specific conditions under which a claim can be made and the claim process

10. Payment Clause: Terms of payment upon receipt of a valid claim

11. Governing Law: Statement that the guarantee is governed by Dutch law

Optional Sections

1. Step-in Rights: Include when the beneficiary requires the right to have another contractor complete the work

2. Partial Claims: Include when multiple partial claims are permitted under the guarantee

3. Assignment Clause: Include when the guarantee needs to be assignable to other parties

4. Language Clause: Include when the guarantee needs to be in multiple languages

5. Force Majeure: Include when specific force majeure conditions need to be addressed

6. Counter-Guarantee Reference: Include when there is a counter-guarantee from another bank

7. Dispute Resolution: Include when specific dispute resolution procedures are required beyond standard court jurisdiction

Suggested Schedules

1. Claim Form Template: Standard form to be used when making a claim under the guarantee

2. Underlying Contract Extract: Relevant excerpts from the main contract that relate to the performance guarantee

3. Authentication Format: Format for authenticating claim documents and signatures

4. Extension Request Format: Template for requesting guarantee extension if applicable

5. Performance Standards: Details of the performance standards being guaranteed, if specific standards are referenced

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

Infrastructure

Energy

Real Estate Development

Manufacturing

Engineering

Mining

Oil and Gas

Renewable Energy

Telecommunications

Public Works

Maritime and Shipping

Aviation

Defense Contracting

Relevant Teams

Legal

Finance

Treasury

Risk Management

Procurement

Commercial

Operations

Compliance

Project Management

Business Development

Contracts Administration

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Financial Director

Treasury Manager

Risk Manager

Procurement Manager

Commercial Director

Construction Manager

Operations Director

Compliance Officer

Bank Relationship Manager

Chief Financial Officer

Business Development Manager

Bid 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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