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Contract Performance Guarantee
"I need a Contract Performance Guarantee for a construction project in Texas where our bank will guarantee our contractor's performance for a $5 million development, starting March 2025 and running for 18 months."
1. Parties: Identification of Guarantor, Principal (Primary Obligor), and Beneficiary
2. Background: Context of the underlying contract and reason for guarantee
3. Definitions: Key terms used throughout the guarantee
4. Guarantee and Indemnity: Core obligations of the guarantor
5. Scope of Guarantee: Extent and limitations of the guarantee coverage
6. Duration: Term of the guarantee and conditions for expiry
7. Payment Terms: Conditions and process for claiming under the guarantee
8. Governing Law: Applicable law and jurisdiction
1. Security Provisions: Additional security arrangements - include when additional collateral is required
2. Step-In Rights: Rights to take over performance - include for complex project contracts
3. Multiple Guarantors: Provisions for joint and several liability - include when more than one guarantor is involved
1. Underlying Contract: Copy or summary of the main contract being guaranteed
2. Form of Demand: Template for making claims under the guarantee
3. Security Documents: Details of any additional security arrangements
4. Corporate Authorizations: Evidence of authority to provide the guarantee
Authors
Scope of Guarantee
Duration
Payment Obligations
Demands and Claims
Preservation of Rights
Representations and Warranties
Continuing Security
Assignment and Transfer
Waiver of Defenses
Set-off Rights
Enforcement
Costs and Expenses
Notices
Amendments
Severability
Governing Law
Jurisdiction
Counterparts
Entire Agreement
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