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Performance Bond Guarantee
"I need a Performance Bond Guarantee for a €5 million construction project in Dublin, where ABC Bank will act as guarantor for XYZ Construction Limited, with the bond value set at 10% of the contract price and an expiry date of December 31, 2025."
1. Parties: Identifies the three key parties: (1) the Guarantor providing the bond, (2) the Principal whose performance is being guaranteed, and (3) the Beneficiary who can claim under the bond
2. Background: Sets out the context of the underlying contract or obligation being guaranteed and the purpose of the performance bond
3. Definitions: Defines key terms used throughout the document, including 'Guaranteed Obligations', 'Maximum Liability Amount', and 'Expiry Date'
4. Guarantee and Indemnity: Core section establishing the guarantor's obligation to pay upon demand and the extent of the guarantee
5. Duration and Release: Specifies the period of validity of the bond and conditions for its release or expiry
6. Demand Requirements: Details the process and requirements for making a valid demand under the bond
7. Payment Terms: Specifies how and when payment will be made following a valid demand
8. Guarantor's Rights and Obligations: Sets out the specific rights, obligations, and protections of the guarantor
9. Representations and Warranties: Standard representations and warranties from all parties
10. Governing Law and Jurisdiction: Specifies Irish law as governing law and establishes jurisdiction for disputes
1. Step-in Rights: Used when the guarantor has the right to step in and complete the underlying obligation rather than making payment
2. Counter-Indemnity: Include when the principal provides indemnity to the guarantor
3. Multiple Guarantors: Required when more than one guarantor is providing the bond, establishing joint and several liability
4. Assignment and Transfer: Include if the parties want to allow for assignment or transfer of rights under the bond
5. Reduction Provisions: Used when the bond amount reduces over time or upon achievement of specific milestones
6. Force Majeure: Include when specific force majeure provisions are required beyond standard contract principles
7. Alternative Dispute Resolution: Optional provisions for mediation or arbitration before court proceedings
1. Form of Demand: Template for making a valid demand under the bond
2. Underlying Contract: Copy or summary of the contract being guaranteed
3. Payment Schedule: If applicable, schedule of any planned reductions in the bond amount
4. Corporate Authorizations: Copies of relevant corporate authorizations for each party
5. Contact Details: List of authorized contacts and notice details for all parties
6. Completion Certificate: Form of certificate to be issued upon completion of the guaranteed obligations
Authors
Construction
Infrastructure
Real Estate Development
Manufacturing
Energy
Mining
Government Contracting
Engineering
Telecommunications
Banking and Finance
Insurance
Public Works
Legal
Finance
Risk Management
Commercial
Procurement
Treasury
Operations
Compliance
Business Development
Project Management
Contract Administration
Project Manager
Contract Manager
Financial Director
Legal Counsel
Risk Manager
Commercial Director
Construction Manager
Procurement Manager
Treasury Manager
Chief Financial Officer
Compliance Officer
Business Development Director
Operations Director
Company Secretary
Senior Underwriter
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