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1. Parties: Identifies and defines the Landlord, Tenant, and Guarantor with their full legal names and addresses
2. Background: Describes the context of the guarantee, including reference to the principal tenancy agreement and the landlord's requirement for a guarantee
3. Definitions: Defines key terms used throughout the agreement including 'Guaranteed Obligations', 'Tenancy Agreement', 'Rent', and 'Term'
4. Guarantee and Indemnity: Core section detailing the guarantor's obligations, scope of the guarantee, and indemnity provisions
5. Duration of Guarantee: Specifies the time period for which the guarantee remains valid and any conditions affecting its duration
6. Guarantor's Obligations: Detailed list of specific obligations the guarantor is undertaking, including payment of rent, damages, and other costs
7. Enforcement and Remedy: Explains when and how the landlord can enforce the guarantee and available remedies
8. Preservation of Rights: Maintains the landlord's rights against the guarantor despite any changes in circumstances
9. Representations and Warranties: Guarantor's confirmations about their capacity and authority to provide the guarantee
10. Notices: Specifies how formal communications between parties should be made and delivered
11. Governing Law and Jurisdiction: Confirms Hong Kong law governs the agreement and jurisdiction for dispute resolution
1. Joint and Several Liability: Required when there are multiple guarantors who need to be jointly and severally liable
2. Change of Parties: Include when there's possibility of assignment or transfer of the tenancy or guarantee rights
3. Financial Caps: Include when the guarantee amount needs to be capped at a specific value
4. Guarantee Fee: Include if the guarantor is charging a fee for providing the guarantee
5. Step-in Rights: Include if the guarantor has the right to take over the tenancy in case of tenant default
6. Mediation Clause: Optional dispute resolution mechanism before proceeding to litigation
7. Independent Legal Advice: Confirmation that guarantor has received independent legal advice, recommended for high-value guarantees
1. Schedule 1 - Principal Tenancy Agreement: Copy or key details of the underlying tenancy agreement being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed list of all obligations covered by the guarantee, including specific amounts
3. Schedule 3 - Property Details: Full description of the rental property covered by the guarantee
4. Appendix A - Guarantor's Supporting Documents: List of documents provided by guarantor to prove financial standing
5. Appendix B - Form of Demand: Template for landlord to make formal demand under the guarantee
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