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Contract Performance Guarantee
"I need a Contract Performance Guarantee for a construction project in Vienna, where Bank Austria will guarantee EUR 2.5 million to the property developer, valid until March 2025, with the ability to make partial demands against the guarantee."
1. Parties: Identification of the Guarantor (usually a bank), the Principal (contractor whose performance is being guaranteed), and the Beneficiary
2. Background: Reference to the underlying contract/relationship and the reason for issuing the guarantee
3. Definitions: Key terms used in the guarantee document
4. Guarantee Amount: The maximum amount of the guarantee and the currency
5. Scope of Guarantee: Detailed description of what performance is being guaranteed and the extent of the guarantor's obligations
6. Duration and Validity: The effective period of the guarantee, including start date and expiry date
7. Conditions for Payment: The circumstances and procedures under which the guarantee can be called
8. Form of Demand: The required format and content of any demand under the guarantee
9. Payment Terms: The timeline and method for payment upon receipt of a valid demand
10. Reduction Provisions: Conditions under which the guarantee amount may be reduced
11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
12. Notices: Communication procedures and contact details for all parties
1. Transfer and Assignment: Include when the guarantee needs to be transferable or when assignment needs to be specifically prohibited
2. Language: Include when the guarantee may be used internationally to specify the prevailing language version
3. Multiple Demands: Include when multiple partial demands are permitted under the guarantee
4. Force Majeure: Include when specific force majeure provisions are required, particularly for long-term guarantees
5. Anti-Money Laundering Provisions: Include when required by the guarantor bank's compliance requirements
6. Tax Provisions: Include when tax implications need to be specifically addressed
7. Electronic Presentation: Include when electronic demands or communications are permitted
1. Form of Demand: Template for making a demand under the guarantee
2. Underlying Contract Extract: Relevant excerpts from the underlying contract being guaranteed
3. Authorized Signatories: List of persons authorized to make demands under the guarantee
4. Payment Instructions: Detailed banking and payment information for guarantee payments
5. Supporting Documents: List and samples of required supporting documents for making a demand
Authors
Construction
Manufacturing
Infrastructure
Energy
Real Estate Development
Technology Services
Defense Contracting
Public Sector Projects
Engineering Services
International Trade
Telecommunications
Transport and Logistics
Legal
Finance
Treasury
Procurement
Risk Management
Commercial
Operations
Compliance
Credit
Business Development
Project Manager
Contract Manager
Chief Financial Officer
Treasury Manager
Legal Counsel
Risk Manager
Commercial Director
Procurement Manager
Business Development Manager
Operations Director
Finance Director
Company Secretary
Compliance Officer
Credit Manager
Find the exact document you need
Payment And Performance Guarantee
An Austrian law-governed guarantee securing both payment obligations and performance requirements, typically issued by a financial institution to protect the beneficiary's interests.
Contract Performance Guarantee
An Austrian law-governed bank guarantee securing a contractor's performance obligations, typically payable on first demand and subject to Austrian civil and commercial law.
Performance Guarantee Bond
An Austrian law-governed financial guarantee instrument where a bank guarantees the performance obligations of a contractor/principal to a beneficiary.
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