Performance Guarantee Agreement Template for Philippines

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Key Requirements PROMPT example:

Performance Guarantee Agreement

"I need a Performance Guarantee Agreement where ABC Bank Philippines will act as guarantor for XYZ Construction Corp's obligations in a PHP 50 million infrastructure project, with the guarantee valid until March 15, 2025."

Document background
The Performance Guarantee Agreement serves as a crucial risk mitigation instrument in commercial transactions under Philippine law. It is commonly used in construction projects, infrastructure development, and large commercial contracts where one party seeks assurance of another party's performance obligations. The document is structured to comply with the Civil Code of the Philippines and relevant regulatory requirements, particularly when financial institutions act as guarantors. The agreement typically specifies the guaranteed obligations, maximum liability, validity period, and claim procedures. It becomes especially important in projects where substantial financial commitments are involved or where project completion is critical. The guarantee can be issued by banks, insurance companies, parent companies, or other financially capable entities, and the terms must align with both Philippine banking regulations and commercial practice.
Suggested Sections

1. Parties: Identifies and defines the Guarantor, Principal Debtor/Obligor, and Beneficiary with their complete legal names and addresses

2. Background: Describes the underlying transaction or obligation being guaranteed and the purpose of the guarantee

3. Definitions: Defines key terms used throughout the agreement, including Guaranteed Obligations, Guarantee Period, and Default Events

4. Guarantee: Sets out the core guarantee obligations, scope, and limits of the guarantor's liability

5. Representations and Warranties: Contains statements of fact and assurances from the Guarantor regarding their capacity and authority to provide the guarantee

6. Payment Obligations: Details the circumstances triggering payment, payment mechanics, and currency

7. Duration and Release: Specifies the term of the guarantee and conditions for its release or termination

8. Claims and Enforcement: Outlines the process for making claims under the guarantee and enforcement procedures

9. Indemnity: Contains the Guarantor's indemnification obligations

10. Governing Law and Jurisdiction: Specifies Philippine law as governing law and designates jurisdiction for disputes

11. Notices: Provides the mechanism and addresses for formal communications between parties

12. Miscellaneous: Contains standard boilerplate provisions including severability, entire agreement, and amendments

Optional Sections

1. Counter-Indemnity: Include when there is a separate counter-indemnity arrangement from the Principal Debtor to the Guarantor

2. Security: Include when specific assets or collateral secure the guarantee obligations

3. Multiple Guarantors: Include when there are multiple guarantors to address joint and several liability

4. Assignment and Transfer: Include when the guarantee rights may need to be assigned or transferred

5. Step-In Rights: Include when the Guarantor has rights to take over the underlying obligation

6. Currency Provisions: Include for cross-border transactions involving multiple currencies

7. Tax Provisions: Include when tax implications need specific addressing, particularly for cross-border guarantees

Suggested Schedules

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

2. Underlying Agreement: Copy or key terms of the agreement being guaranteed

3. Payment Mechanics: Detailed procedures for processing guarantee payments

4. Corporate Authorizations: Copies of relevant corporate approvals and authorizations

5. Secured Assets Schedule: List and description of any assets securing the guarantee (if applicable)

6. Guarantor Financial Statements: Recent financial statements or evidence of financial capacity

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 Industries

Construction

Infrastructure Development

Real Estate

Banking and Finance

Manufacturing

Energy

Telecommunications

Government and Public Sector

Mining

Engineering Services

International Trade

Retail Development

Relevant Teams

Legal

Finance

Risk Management

Treasury

Procurement

Operations

Commercial

Compliance

Project Management

Construction Management

Credit

Business Development

Relevant Roles

Legal Counsel

Contract Manager

Project Manager

Chief Financial Officer

Risk Manager

Commercial Director

Treasury Manager

Procurement Manager

Construction Manager

Operations Director

Compliance Officer

Credit Risk Officer

Business Development Manager

Project Finance 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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