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Payment And Performance Guarantee
"I need a Payment and Performance Guarantee for a construction project in Texas, where our parent company will guarantee both payment and performance obligations of our subsidiary for a $5M office development project starting in March 2025."
1. Parties: Identification of guarantor, beneficiary, and principal debtor
2. Background: Context of the underlying obligation and purpose of guarantee
3. Definitions: Key terms used throughout the guarantee agreement
4. Guarantee: Core guarantee provisions and scope of obligations
5. Payment Terms: Conditions and timing of guarantee payments
6. Duration: Term of the guarantee and conditions for termination
7. Representations and Warranties: Statements of fact and assurances made by the guarantor
8. Enforcement: Rights and mechanisms for enforcing the guarantee
9. Governing Law and Jurisdiction: Laws governing the guarantee and courts having jurisdiction
1. Security Provisions: Additional security arrangements when guarantee is secured by assets
2. Performance Standards: Specific performance criteria for performance guarantees in construction/service contracts
3. Step-In Rights: Rights to take over obligations in project finance or construction guarantees
4. Financial Covenants: Financial maintenance requirements for corporate guarantors
5. Multiple Guarantors: Provisions governing relationships between multiple guarantors when applicable
1. Schedule 1 - Form of Demand: Template for making claims under the guarantee
2. Schedule 2 - Underlying Agreement: Copy or summary of the principal agreement being guaranteed
3. Schedule 3 - Security Details: Details of any security provided for secured guarantees
4. Schedule 4 - Performance Metrics: Detailed performance standards and measurement criteria
Authors
Beneficiary
Business Day
Claim
Commencement Date
Default
Demand
Effective Date
Expiry Date
Guaranteed Obligations
Guarantor
Law
Maximum Liability Amount
Notice
Payment Obligations
Performance Obligations
Performance Standards
Principal Debtor
Principal Agreement
Project
Security
Step-In Rights
Termination Event
Underlying Agreement
Working Days
Scope of Guarantee
Payment Obligations
Performance Obligations
Representations and Warranties
Duration and Termination
Claims Procedure
Default and Remedies
Step-In Rights
Waiver of Defenses
Assignment and Transfer
Subrogation Rights
Security Provisions
Notice Requirements
Enforcement
Governing Law
Dispute Resolution
Amendments and Modifications
Severability
Force Majeure
Costs and Expenses
Confidentiality
Entire Agreement
Counterparts
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Good Performance Guarantee
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Financial Performance Guarantee
A U.S.-governed agreement where a guarantor provides financial assurance for another party's obligations.
Payment And Performance Guarantee
A U.S. legal instrument where a guarantor ensures both payment and performance obligations of a principal debtor to a beneficiary.
Corporate Performance Guarantee
A U.S.-governed legal instrument where a corporation guarantees the performance or payment obligations of another entity under state and federal laws.
Advance Performance Guarantee
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Performance Guarantee Bond
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