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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."
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
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
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
Guarantor
Principal
Beneficiary
Underlying Contract
Performance Standards
Demand Notice
Expiry Date
Business Day
Claim Period
Default Event
Guaranteed Obligations
Performance Criteria
Completion Certificate
Contract Price
Force Majeure Event
Maximum Liability
Notice
Payment Date
Relevant Jurisdiction
Security Interest
Substantial Completion
Valid Claim
Working Day
Bank Guarantee
Counter Guarantee
Enforcement Notice
Material Breach
Performance Default
Release Date
Performance Standards
Demand and Payment
Duration and Validity
Reduction and Release
Claims Procedure
Dispute Resolution
Governing Law
Force Majeure
Notices
Assignment
Representations and Warranties
Indemnification
Confidentiality
Amendment and Modification
Severability
Waiver
Entire Agreement
Counterparts
Third Party Rights
Step-in Rights
Currency and Payment
Bank Rights and Obligations
Default Events
Termination
Stamp Duty and Registration
Costs and Expenses
Further Assurance
No Set-off
Jurisdiction
Construction and Infrastructure
Manufacturing
Information Technology
Energy and Utilities
Telecommunications
Real Estate Development
Defense Contracting
Mining and Resources
Engineering Services
Public Sector Projects
Legal
Finance
Procurement
Risk Management
Treasury
Operations
Commercial
Compliance
Project Management
Business Development
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
Find the exact document you need
Good Performance Guarantee
An Indian law-governed financial instrument where a guarantor assures compensation to a beneficiary if a contractor fails to meet specified performance obligations.
Financial Performance Guarantee
An Indian law-governed financial instrument where a guarantor secures the performance obligations of a principal party to a beneficiary through a binding guarantee commitment.
Payment And Performance Guarantee
An Indian law-governed guarantee document that provides both payment security and performance assurance, typically issued by banks or financial institutions to secure contractual obligations.
Corporate Performance Guarantee
An Indian law-governed guarantee document where a corporate entity guarantees the performance obligations of another entity to a beneficiary, backed by Indian contract and company law frameworks.
Advance Performance Guarantee
An Indian law-governed bank guarantee securing advance payments and contractor performance, providing financial security to project owners against contractor default.
Contract Performance Guarantee
An Indian law-governed bank guarantee that secures the performance obligations of a contractor/service provider under a specified contract.
Bid Bond Bank Guarantee
An Indian law-governed bank guarantee securing a bidder's obligations in a tender process, providing financial assurance to the tender issuing authority.
Performance Guarantee Bond
An Indian law-governed financial guarantee instrument where a bank/financial institution guarantees a contractor's performance obligations to a project owner/beneficiary.
Performance Bank Guarantee
An Indian law-governed bank guarantee ensuring contract performance, where a bank guarantees payment to a beneficiary if a contractor fails to meet obligations.
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