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Performance Bank Guarantee Template for Austria

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Key Requirements PROMPT example:

Performance Bank Guarantee

"I need a Performance Bank Guarantee for a construction project in Vienna, where our bank will guarantee EUR 2.5 million to the project owner for our contractor's performance, valid from March 1, 2025, to December 31, 2025, with a quarterly reduction schedule."

Document background
A Performance Bank Guarantee is a crucial financial instrument in commercial and construction projects, particularly under Austrian law. It is typically required when a contractor or supplier needs to provide performance security to a project owner or employer. The guarantee represents an independent commitment by a bank to pay a specified sum if the principal fails to meet their contractual obligations. The document must comply with Austrian banking regulations, particularly the BWG (Bankwesengesetz) and relevant provisions of the ABGB (Allgemeines b眉rgerliches Gesetzbuch). It includes specific details about the guaranteed amount, validity period, conditions for calling the guarantee, and payment terms. The guarantee can be called upon presentation of specified documents without the need to prove actual breach or damages, making it an efficient form of security for beneficiaries.
Suggested Sections

1. Bank Details and Reference: Information identifying the issuing bank and guarantee reference number

2. Beneficiary Details: Full legal name and address of the party in whose favor the guarantee is issued

3. Principal Details: Full legal name and address of the party whose performance is being guaranteed

4. Underlying Contract Reference: Details of the primary contract or obligation being guaranteed

5. Guarantee Amount: The maximum sum guaranteed, specified in numbers and words

6. Guarantee Period: Validity period of the guarantee, including effective date and expiry date

7. Scope of Guarantee: Specific performance obligations covered by the guarantee

8. Demand Requirements: Conditions and procedure for making a claim under the guarantee

9. Payment Terms: Timeframe and method for payment upon valid demand

10. Reduction Provisions: Terms for any progressive reduction in the guarantee amount

11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

Optional Sections

1. Multiple Beneficiaries Clause: Required when there is more than one beneficiary of the guarantee

2. Assignment Provisions: Include when the guarantee needs to be transferable

3. Language Provisions: Required when the guarantee is issued in multiple languages

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

5. Step-in Rights: Include when the beneficiary requires the right to step in and remedy defaults

6. Partial Claims Provision: Include when partial claims under the guarantee are to be permitted

7. Counter-Guarantee References: Required when the guarantee is issued under a counter-guarantee structure

Suggested Schedules

1. Form of Demand: Standard template for making a claim under the guarantee

2. Required Supporting Documents: List and templates of documents required to accompany a demand

3. Underlying Contract Extract: Relevant excerpts from the underlying contract being guaranteed

4. Authentication Procedures: Specified procedures for verifying authorized signatories

5. Communication Details: Contact information and procedures for all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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 & Financial Services

Construction & Infrastructure

Manufacturing

Energy & Utilities

Real Estate Development

Mining & Resources

Industrial Projects

Telecommunications

Government & Public Sector

International Trade

Relevant Teams

Legal

Finance

Treasury

Risk Management

Commercial

Procurement

Operations

Project Management

Credit

Construction

Contracts Administration

Relevant Roles

Project Manager

Contract Manager

Finance Director

Chief Financial Officer

Treasury Manager

Risk Manager

Commercial Director

Legal Counsel

Procurement Manager

Construction Manager

Bank Relationship Manager

Credit Officer

Company Secretary

Operations Director

Project Finance 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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