Performance Guarantor Clause Samples

A Performance Guarantor clause establishes that a third party, known as the guarantor, is responsible for ensuring that the obligations of one party under the contract are fulfilled. In practice, if the primary party fails to perform their contractual duties—such as delivering goods, completing services, or making payments—the guarantor is legally required to step in and fulfill those obligations or compensate the other party. This clause is commonly used in construction, supply, or service agreements where the reliability of performance is critical. Its core function is to provide assurance and reduce the risk of non-performance, thereby protecting the interests of the party expecting performance under the contract.
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Performance Guarantor. The Performance Guarantor shall fail to perform or observe any term, covenant or agreement required to be performed by it under the Performance Undertaking, or the Performance Undertaking shall cease to be effective or to be the legally valid, binding and enforceable obligation of the Performance Guarantor, or the Performance Guarantor shall directly or indirectly contest in any manner such effectiveness, validity, binding nature or enforceability; or
Performance Guarantor. 5. A certificate of the Secretary of each Loan Party and Performance Guarantor certifying (i) the names and signatures of the officers authorized on its behalf to execute this Agreement and any other documents to be delivered by it hereunder and (ii) a copy of such Person's By-Laws. 6. Pre-filing state and federal tax lien, judgment lien and UCC lien searches against Borrower and each Originator from the following jurisdictions: