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1. Parties: Identification of the Guarantor, the Beneficiary, and the Principal Debtor
2. Background: Context of the guarantee, including the underlying relationship or transaction being guaranteed
3. Definitions and Interpretation: Key terms used in the guarantee and rules for interpreting the document
4. Guarantee: The core guarantee provisions, including the scope and nature of the guarantee obligation
5. Duration and Expiry: Term of the guarantee and conditions for expiry
6. Demand Requirements: Process and formalities for making a valid demand under the guarantee
7. Payment Terms: Timing and method of payment upon valid demand
8. Guarantor's Rights and Defenses: Rights retained by or waived by the guarantor
9. Representations and Warranties: Statements of fact and assurances given by the guarantor
10. Notices: Process for giving formal notices under the guarantee
11. Governing Law and Jurisdiction: Confirmation of South African law and jurisdiction for disputes
12. General Provisions: Standard boilerplate clauses including severability, whole agreement, and amendments
1. Counter-Indemnity: Optional section when the guarantor requires indemnification from the principal debtor
2. Security: Required when specific assets or rights are pledged to secure the guarantee obligations
3. Step-In Rights: Optional provisions allowing the guarantor to take over the principal debtor's position
4. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability
5. Assignment and Transfer: Optional section governing whether and how the guarantee can be transferred
6. Currency Provisions: Required for cross-border guarantees involving multiple currencies
7. Tax Gross-Up: Optional provisions for handling tax implications of guarantee payments
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Agreement: Copy or summary of the agreement or obligation being guaranteed
3. Corporate Authorizations: Copies of relevant corporate approvals for issuing the guarantee
4. Specimen Signatures: Authorized signatures for making and accepting demands
5. Security Documents: If applicable, documents relating to any security provided
6. Contact Details: Detailed contact information for all parties for notices and demands
Applicable Law
Beneficiary
Business Day
Claim
Commencement Date
Demand
Effective Date
Event of Default
Expiry Date
Guaranteed Obligations
Guarantor
Notice
Parties
Performance Standards
Principal Debtor
Principal Agreement
Guarantee Amount
Guarantee Period
Underlying Agreement
Valid Demand
Writing
Signature
Security
Specified Performance
Breach
Remedy Period
Related Parties
Substantial Performance
Termination Event
Working Hours
Force Majeure Event
Material Adverse Effect
Permitted Transfer
Representatives
Definitions
Duration
Guarantee Obligations
Performance Requirements
Demand Procedures
Payment Terms
Representations and Warranties
Waiver of Defenses
Non-Competition
Termination
Force Majeure
Assignment
Notices
Confidentiality
Dispute Resolution
Governing Law
Jurisdiction
Severability
Costs and Expenses
Amendments
Entire Agreement
Further Assurance
Counterparts
Security
Indemnification
Step-In Rights
Authority and Capacity
Compliance with Laws
Remedies
No Agency
Time of Essence
Waiver
Third Party Rights
Construction and Infrastructure
Manufacturing
Mining
Real Estate and Property Development
Professional Services
Retail
Technology and Telecommunications
Energy and Utilities
Transportation and Logistics
Public Sector
Legal
Commercial
Risk Management
Procurement
Operations
Finance
Compliance
Treasury
Project Management
Business Development
Legal Counsel
Contract Manager
Project Manager
Risk Manager
Commercial Director
Chief Financial Officer
Procurement Manager
Operations Director
Company Secretary
Compliance Officer
Business Development Manager
Construction Manager
Legal Director
Treasury Manager
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