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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."
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
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
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
Banking & Financial Services
Construction & Infrastructure
Manufacturing
Energy & Utilities
Real Estate Development
Mining & Resources
Industrial Projects
Telecommunications
Government & Public Sector
International Trade
Legal
Finance
Treasury
Risk Management
Commercial
Procurement
Operations
Project Management
Credit
Construction
Contracts Administration
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
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