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Performance Guarantee Bond
"I need a Performance Guarantee Bond under Irish law for a €5 million construction project, where Bank of Ireland will act as guarantor for our contractor's obligations, with the bond to remain valid until project completion in June 2025."
1. Parties: Identifies the Guarantor (typically a bank or insurance company), the Principal (the party whose performance is being guaranteed), and the Beneficiary (the party in whose favor the guarantee is given)
2. Background: States the underlying contract or obligation being guaranteed and the purpose of the performance guarantee bond
3. Definitions: Defines key terms used throughout the bond, including 'Guaranteed Obligations', 'Maximum Liability Amount', and 'Expiry Date'
4. Guarantee and Indemnity: Core section detailing the guarantee obligations, including the amount guaranteed and the circumstances under which the guarantee can be called upon
5. Demand Requirements: Specifies the formal requirements for making a valid demand under the bond, including notice requirements and documentation
6. Duration and Release: States the effective period of the bond and conditions for its release or termination
7. Payment Provisions: Details the timing and method of payment upon a valid demand
8. Representations and Warranties: Standard representations from the Guarantor regarding their capacity and authority to issue the bond
9. Governing Law and Jurisdiction: Confirms Irish law as governing law and specifies jurisdiction for disputes
1. Step-in Rights: Include when the Guarantor has the right to take over the underlying contract obligations upon default
2. Assignment and Transfer: Include when any party needs the ability to assign or transfer their rights under the bond
3. Multiple and Joint Guarantors: Include when there is more than one guarantor providing the performance guarantee
4. Counter-Indemnity: Include when the Principal provides a counter-indemnity to the Guarantor
5. Reduction Provisions: Include when the guaranteed amount reduces over time or upon achievement of specific milestones
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. Performance Requirements: Detailed description of the performance obligations being guaranteed
4. Corporate Authorizations: Copies of relevant corporate authorizations for the Guarantor
5. Payment Schedule: If applicable, schedule showing any planned reductions in the guaranteed amount
Authors
Construction
Engineering
Infrastructure
Real Estate Development
Energy
Manufacturing
Technology
Government Contracting
Telecommunications
Mining
Legal
Finance
Procurement
Commercial
Risk Management
Project Management
Treasury
Operations
Business Development
Compliance
Project Manager
Contract Manager
Legal Counsel
Commercial Director
Finance Director
Risk Manager
Procurement Manager
Construction Manager
Chief Financial Officer
Project Director
Business Development Manager
Company Secretary
Treasury Manager
Operations Director
Find the exact document you need
Financial Performance Guarantee
An Irish law-governed guarantee instrument where a guarantor commits to compensate the beneficiary if a third party fails to meet specified performance obligations.
Corporate Performance Guarantee
An Irish law-governed guarantee where a corporate entity ensures the performance obligations of another entity, providing security and remedies for the beneficiary.
Contract Performance Guarantee
An Irish law-governed guarantee instrument where a guarantor ensures the performance of a principal obligor's contractual obligations to a beneficiary.
Performance Guarantee Bond
An Irish law-governed financial guarantee instrument where a guarantor ensures a principal party's performance obligations through financial compensation.
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