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1. Parties: Identifies the three key parties: the Bank (Guarantor), the Landlord (Beneficiary), and the Tenant (Principal Debtor)
2. Background: Brief context explaining the lease agreement and the requirement for the bank guarantee
3. Definitions: Defines key terms used in the guarantee, including 'Lease Agreement', 'Guaranteed Sum', 'Guarantee Period', etc.
4. Guarantee: The core section stating the bank's unconditional undertaking to pay the guaranteed amount
5. Amount of Guarantee: Specifies the exact amount guaranteed and any conditions for adjustment
6. Duration and Expiry: States the effective period of the guarantee and conditions for expiry
7. Demand Requirements: Specifies the process and requirements for making a claim under the guarantee
8. Payment Terms: Details of how and when payment will be made following a valid demand
9. Bank's Rights and Obligations: Outlines the specific rights, obligations, and limitations of the bank's liability
10. Governing Law and Jurisdiction: Specifies South African law as governing law and jurisdiction for disputes
1. Multiple Properties Clause: Required when the guarantee covers lease obligations for multiple properties
2. Step-In Rights: Optional clause allowing the bank to take over lease obligations in specific circumstances
3. Assignment and Transfer: Include when the guarantee needs to be transferable or assignable
4. Currency Provisions: Required for international tenants or when dealing with foreign currency
5. Force Majeure: Optional clause dealing with extraordinary events affecting the guarantee
6. Anti-Money Laundering Compliance: Additional compliance requirements for high-value or international guarantees
1. Schedule 1 - Lease Agreement Details: Details of the underlying lease agreement including date, parties, and property description
2. Schedule 2 - Property Description: Detailed description of the leased property/properties covered by the guarantee
3. Schedule 3 - Guarantee Amount Calculation: Breakdown of how the guaranteed amount was calculated
4. Schedule 4 - Form of Demand: Template for making a valid demand under the guarantee
5. Appendix A - Required Documents: List of documents required to be submitted with any demand
6. Appendix B - Bank's Standard Terms: Standard terms and conditions of the issuing bank applicable to guarantees
Applicable Laws
Bank
Beneficiary
Business Day
Demand
Effective Date
Event of Default
Expiry Date
Guarantee
Guarantee Amount
Guaranteed Obligations
Landlord
Lease Agreement
Lease Premises
Material Adverse Change
Payment Date
Principal Debtor
Property
Regulatory Authority
Rental
Security Deposit
Signature Date
Tenant
Term
Valid Claim
VAT
Working Hours
Recitals
Definitions
Interpretation
Guarantee Obligation
Duration
Payment Terms
Demands and Claims
Bank's Rights
Landlord's Rights
Representations and Warranties
Undertakings
Default Events
Demand Process
Payment Mechanics
Currency
Set-Off
Assignment
Notices
Costs and Expenses
Amendments
Severability
Waiver
Force Majeure
Confidentiality
Data Protection
Anti-Money Laundering
Governing Law
Jurisdiction
Dispute Resolution
Banking & Financial Services
Real Estate & Property Management
Commercial Property
Retail
Industrial & Manufacturing
Professional Services
Hospitality & Tourism
Healthcare
Education
Legal
Real Estate
Property Management
Risk Management
Compliance
Banking Operations
Corporate Services
Facilities Management
Treasury
Lease Administration
Property Manager
Legal Counsel
Bank Manager
Commercial Lease Manager
Risk Manager
Compliance Officer
Real Estate Director
Treasury Manager
Facilities Manager
Corporate Real Estate Manager
Bank Relationship Manager
Leasing Executive
Property Portfolio Manager
Commercial Property Lawyer
Banking Operations Manager
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