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1. Parties: Identifies the landlord, tenant, and guarantor with their full legal names and addresses
2. Background: Explains the context of the agreement, including the intent to lease the property and the requirement for a guarantee
3. Definitions: Defines key terms used throughout the agreement
4. The Lease: References and identifies the principal lease agreement being guaranteed
5. Guarantee and Indemnity: Core section detailing the guarantor's obligations and the scope of the guarantee
6. Duration of Guarantee: Specifies the time period for which the guarantee remains valid
7. Guarantor's Representations and Warranties: Statements of fact and promises made by the guarantor regarding their capacity and authority
8. Landlord's Rights and Remedies: Details the landlord's rights in case of default by either tenant or guarantor
9. Preservation of Guarantee: Circumstances under which the guarantee remains valid despite changes to the lease or parties
10. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the guarantee
11. Notices: Procedures for serving formal notices between parties
12. General Provisions: Standard boilerplate clauses including severability, entire agreement, and governing law
1. Multiple Guarantors: Additional provisions for when there is more than one guarantor, defining joint and several liability
2. Limit of Liability: Used when the guarantee is capped at a specific amount
3. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a company rather than an individual
4. Assignment and Transfer: Provisions governing the transfer of guarantee rights, used when assignment might be contemplated
5. Foreign Guarantor Provisions: Additional provisions for guarantors based outside Hong Kong, including service of process arrangements
6. Release Conditions: Specific conditions under which the guarantor may be released from obligations, if agreed
7. Security Provisions: Used when additional security is provided alongside the guarantee
1. Schedule 1: The Property: Detailed description of the leased property including address and boundary details
2. Schedule 2: The Principal Lease: Key terms of the main lease being guaranteed
3. Schedule 3: Guarantor's Details: Comprehensive information about the guarantor including contact details and financial information
4. Schedule 4: Guaranteed Obligations: Itemized list of obligations covered by the guarantee
5. Appendix A: Form of Notice: Standard forms for various notices required under the agreement
6. Appendix B: Financial Statement Format: Template for any required financial reporting by the guarantor
Authorisation
Business Day
Commencement Date
Default
Encumbrance
Event of Default
Expiry Date
Guaranteed Obligations
Guarantor
Hong Kong
Landlord
Lease
Lease Term
Legal Requirements
Liabilities
Losses
Notice
Parties
Permitted Use
Premises
Principal Lease Agreement
Rent
Security Deposit
Tenant
Term
Working Hours
Writing
Guarantee and Indemnity
Duration
Payment Obligations
Representations and Warranties
Covenants
Default
Enforcement
Preservation of Rights
Assignment
Notices
Expenses
Joint and Several Liability
Waiver
Severability
Amendment
Entire Agreement
Confidentiality
Force Majeure
Governing Law
Jurisdiction
Counterparts
Third Party Rights
Time of Essence
Further Assurance
Termination
Remedies
Set-off Rights
Data Protection
Real Estate
Commercial Property
Retail
Hospitality
Office Space
Industrial Property
Residential Property
Shopping Centers
Food and Beverage
Professional Services
Legal
Real Estate
Property Management
Risk Management
Compliance
Finance
Operations
Asset Management
Facilities Management
Contract Administration
Property Manager
Legal Counsel
Real Estate Manager
Leasing Manager
Commercial Director
Risk Manager
Company Secretary
Compliance Officer
Asset Manager
Facilities Manager
Property Director
Contracts Manager
Operations Director
Chief Financial Officer
Real Estate Partner
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