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1. Parties: Identifies all parties to the guarantee: Guarantor(s), Landlord/Lessor, Tenant(s), and any Property Manager
2. Background: Explains the context of the guarantee, including reference to the main rental agreement
3. Definitions: Defines key terms used throughout the guarantee document
4. Scope of Guarantee: Clearly outlines what obligations of the tenant are being guaranteed
5. Guarantor's Obligations: Details the specific responsibilities and commitments of the guarantor
6. Duration of Guarantee: Specifies how long the guarantee remains in effect and any conditions for termination
7. Limit of Liability: States the maximum amount the guarantor may be liable for
8. Demand and Payment: Procedures for making a claim under the guarantee and payment terms
9. Representations and Warranties: Statements and promises made by the guarantor regarding their capacity to provide the guarantee
10. Enforcement: Rights and procedures for enforcing the guarantee
11. Notices: How formal communications between parties should be made and delivered
12. Governing Law: Specifies that Australian law governs the agreement and which state's jurisdiction applies
13. Execution: Signature blocks and execution requirements for all parties
1. Multiple Guarantors: Required when there is more than one guarantor, specifying joint and several liability
2. Guarantee Fee: Include if the guarantor is charging a fee for providing the guarantee
3. Financial Information: Required when the landlord needs ongoing financial information from the guarantor
4. Property Manager Authority: Include when a property manager has authority to act on behalf of the landlord
5. Release Conditions: Optional section specifying specific conditions under which the guarantor may be released
6. Dispute Resolution: Optional detailed dispute resolution procedures beyond standard legal remedies
7. Assignment and Transfer: Include if the guarantee can be assigned or transferred to other parties
1. Schedule 1 - Rental Agreement Details: Copy or key details of the underlying rental agreement being guaranteed
2. Schedule 2 - Guaranteed Obligations: Detailed list of the specific tenant obligations being guaranteed
3. Schedule 3 - Property Details: Details of the rental property covered by the guarantee
4. Appendix A - Guarantor's Statement of Financial Position: Form for recording the guarantor's financial status
5. Appendix B - Required Notices Format: Templates for formal notices under the guarantee
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