Contract Performance Guarantee Template for Austria

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Key Requirements PROMPT example:

Contract Performance Guarantee

"I need a Contract Performance Guarantee for a construction project in Vienna, where Bank Austria will guarantee EUR 2.5 million to the property developer, valid until March 2025, with the ability to make partial demands against the guarantee."

Document background
The Contract Performance Guarantee is a fundamental security instrument in Austrian business practice, commonly used to protect parties against the risk of contractual non-performance. It is particularly relevant in scenarios involving significant commercial contracts, construction projects, or supply agreements where one party seeks financial security for the other party's performance obligations. The guarantee, regulated under Austrian law including the ABGB (Austrian Civil Code) and UGB (Commercial Code), typically amounts to 5-10% of the underlying contract value. This document becomes crucial when entering into substantial commercial agreements, particularly in sectors involving large-scale projects or significant financial commitments. The guarantee provides the beneficiary with quick access to funds in case of the principal's default, while also offering the principal an alternative to cash deposits or other forms of security.
Suggested Sections

1. Parties: Identification of the Guarantor (usually a bank), the Principal (contractor whose performance is being guaranteed), and the Beneficiary

2. Background: Reference to the underlying contract/relationship and the reason for issuing the guarantee

3. Definitions: Key terms used in the guarantee document

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

5. Scope of Guarantee: Detailed description of what performance is being guaranteed and the extent of the guarantor's obligations

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

7. Conditions for Payment: The circumstances and procedures under which the guarantee can be called

8. Form of Demand: The required format and content of any demand under the guarantee

9. Payment Terms: The timeline and method for payment upon receipt of a valid demand

10. Reduction Provisions: Conditions under which the guarantee amount may be reduced

11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

12. Notices: Communication procedures and contact details for all parties

Optional Sections

1. Transfer and Assignment: Include when the guarantee needs to be transferable or when assignment needs to be specifically prohibited

2. Language: Include when the guarantee may be used internationally to specify the prevailing language version

3. Multiple Demands: Include when multiple partial demands are permitted under the guarantee

4. Force Majeure: Include when specific force majeure provisions are required, particularly for long-term guarantees

5. Anti-Money Laundering Provisions: Include when required by the guarantor bank's compliance requirements

6. Tax Provisions: Include when tax implications need to be specifically addressed

7. Electronic Presentation: Include when electronic demands or communications are permitted

Suggested Schedules

1. Form of Demand: Template for making a demand under the guarantee

2. Underlying Contract Extract: Relevant excerpts from the underlying contract being guaranteed

3. Authorized Signatories: List of persons authorized to make demands under the guarantee

4. Payment Instructions: Detailed banking and payment information for guarantee payments

5. Supporting Documents: List and samples of required supporting documents for making a demand

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

Manufacturing

Infrastructure

Energy

Real Estate Development

Technology Services

Defense Contracting

Public Sector Projects

Engineering Services

International Trade

Telecommunications

Transport and Logistics

Relevant Teams

Legal

Finance

Treasury

Procurement

Risk Management

Commercial

Operations

Compliance

Credit

Business Development

Relevant Roles

Project Manager

Contract Manager

Chief Financial Officer

Treasury Manager

Legal Counsel

Risk Manager

Commercial Director

Procurement Manager

Business Development Manager

Operations Director

Finance Director

Company Secretary

Compliance Officer

Credit 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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An Austrian law-governed bank guarantee securing a contractor's performance obligations, typically payable on first demand and subject to Austrian civil and commercial law.

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Performance Guarantee Bond

An Austrian law-governed financial guarantee instrument where a bank guarantees the performance obligations of a contractor/principal to a beneficiary.

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