Good Performance Guarantee Template for India

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Key Requirements PROMPT example:

Good Performance Guarantee

"I need a Good Performance Guarantee for a 50-crore construction project in Mumbai, with two banks acting as joint guarantors, valid until March 2025, incorporating step-in rights for the project owner."

Document background
A Good Performance Guarantee is a crucial financial security instrument widely used in Indian business transactions, particularly in project-based contracts and service agreements. This document becomes necessary when one party requires financial assurance of the other party's performance obligations. The guarantee, governed by Indian contract law and banking regulations, provides a mechanism for the beneficiary to claim compensation directly from a financial institution if the principal fails to meet specified performance standards. It typically includes detailed terms about the guarantee amount, validity period, claim procedures, and specific performance metrics. The document is especially relevant in large-scale projects, government contracts, and international business transactions where parties seek to mitigate performance risks through third-party financial assurance.
Suggested Sections

1. Parties: Identifies the Guarantor (typically a bank or financial institution), the Principal (contractor/service provider), and the Beneficiary (client)

2. Background: Context of the underlying contract and purpose of the guarantee, including reference to the main contract

3. Definitions: Defines key terms used throughout the guarantee document

4. Guarantee Amount: Specifies the maximum amount of the guarantee and currency

5. Scope of Guarantee: Details the specific obligations and performance requirements being guaranteed

6. Duration and Validity: Specifies the effective period of the guarantee, including start date and expiry conditions

7. Demand and Payment Terms: Procedures for making a claim under the guarantee and payment obligations

8. Reduction and Release: Conditions under which the guarantee amount may be reduced or the guarantee released

9. Rights and Obligations: Details the rights and obligations of all parties under the guarantee

10. Governing Law and Jurisdiction: Specifies Indian law as governing law and relevant jurisdiction for disputes

Optional Sections

1. Multiple Guarantors: Required when more than one guarantor is involved, detailing joint and several liability

2. Step-in Rights: Optional clause allowing beneficiary to step in and rectify performance issues

3. Assignment Provisions: Include when assignment of guarantee rights may be needed

4. Counter Guarantee: Required when there's a counter-guarantee arrangement between banks

5. Currency Exchange Provisions: Include for international contracts with multiple currencies

6. Force Majeure: Optional clause defining circumstances beyond control that affect guarantee obligations

Suggested Schedules

1. Schedule 1 - Main Contract Details: Details of the underlying contract being guaranteed, including key dates and milestones

2. Schedule 2 - Performance Standards: Specific performance criteria and standards that trigger guarantee obligations

3. Schedule 3 - Claim Documentation: List of required documents and formats for making a valid claim

4. Schedule 4 - Form of Demand: Template for making a formal demand under the guarantee

5. Appendix A - Bank Details: Banking information for all parties involved in the guarantee

6. Appendix B - Authority Documents: Copies of authority documents proving signatories' powers to execute the guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Construction and Infrastructure

Manufacturing

Information Technology

Energy and Utilities

Telecommunications

Real Estate Development

Defense Contracting

Mining and Resources

Engineering Services

Public Sector Projects

Relevant Teams

Legal

Finance

Procurement

Risk Management

Treasury

Operations

Commercial

Compliance

Project Management

Business Development

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Chief Financial Officer

Risk Manager

Procurement Manager

Business Development Manager

Commercial Director

Treasury Manager

Operations Director

Compliance Officer

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

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