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Contract Performance Guarantee
"I need a Contract Performance Guarantee for a construction project in Jakarta, where Bank Mandiri will guarantee our performance as contractor for a government infrastructure project worth USD 10 million, with the guarantee period running from March 1, 2025 to December 31, 2025."
1. Parties: Identification of the Guarantor (usually a bank), the Principal (contractor/service provider), and the Beneficiary (project owner/employer)
2. Background: References to the underlying contract being guaranteed, including contract number, date, and project description
3. Definitions: Key terms used in the guarantee including 'Guaranteed Sum', 'Expiry Date', 'Underlying Contract', and 'Event of Default'
4. Guarantee: Core guarantee provision specifying the maximum amount and the guarantor's unconditional obligation to pay
5. Term and Validity: Duration of the guarantee, including effective date, expiry date, and any extension conditions
6. Claim Procedure: Detailed process for making claims under the guarantee, including notice requirements and payment timeline
7. Reduction and Release: Conditions under which the guarantee amount may be reduced and when the guarantee will be released
8. Assignment: Provisions regarding whether and how the guarantee can be transferred or assigned
9. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
10. Language: Clause specifying that the document is in Indonesian and English, with Indonesian version prevailing
1. Counter-Indemnity: Required when the principal provides counter-indemnity to the guarantor, typically in bank-issued guarantees
2. Step-In Rights: Optional clause allowing the guarantor to step into the principal's position in the underlying contract
3. Multiple Beneficiaries: Required when the guarantee is issued in favor of multiple beneficiaries
4. Force Majeure: Optional clause defining force majeure events and their impact on the guarantee
5. Amendments to Underlying Contract: Required when the guarantee needs to address how changes to the underlying contract affect the guarantee
6. Currency Provisions: Required for guarantees involving foreign currency or cross-border payments
1. Form of Demand: Template for making a claim under the guarantee
2. Copy of Underlying Contract: Referenced contract being guaranteed (usually key pages only)
3. Payment Instructions: Banking details and procedures for claim payments
4. Authority Documents: Evidence of authority of signatories for all parties
5. Performance Standards: If applicable, specific performance criteria that trigger the guarantee
Authors
Construction
Infrastructure
Energy
Mining
Oil and Gas
Manufacturing
Banking and Finance
Government and Public Sector
Real Estate Development
Transportation
Telecommunications
Industrial Projects
Public Works
Utilities
Legal
Finance
Procurement
Risk Management
Operations
Treasury
Compliance
Project Management
Commercial
Business Development
Construction Management
Project Manager
Contract Manager
Legal Counsel
Chief Financial Officer
Risk Manager
Procurement Manager
Commercial Director
Business Development Manager
Operations Director
Treasury Manager
Bank Relationship Manager
Compliance Officer
Project Finance Manager
Construction Manager
Site Manager
Find the exact document you need
Performance Guarantee Agreement
An Indonesian law-governed agreement where a guarantor (usually a bank) guarantees the performance obligations of a principal party to a beneficiary.
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Contract Performance Guarantee
An Indonesian law-governed guarantee instrument where a guarantor ensures a contractor's performance through financial security, subject to Indonesian banking and civil code regulations.
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An Indonesian law-governed guarantee instrument where a bank ensures a contractor's performance obligations to a project owner, providing financial security under Indonesian banking regulations.
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