The Guarantor Form As Attachment To Lease is a crucial document in Indian property leasing arrangements, designed to provide additional security to landlords when entering into lease agreements. This document becomes necessary when the landlord requires extra assurance beyond the tenant's commitments, particularly in high-value commercial leases or when dealing with tenants who have limited credit history or financial standing. The form, governed by Indian contract and property laws, establishes a legally binding guarantee relationship where a third party (either individual or corporate) assumes responsibility for the tenant's obligations in case of default. It includes comprehensive details about the guarantee's scope, duration, enforcement mechanisms, and the specific obligations being guaranteed, all structured to comply with Indian legal requirements and market practices. The document is particularly relevant in today's real estate market where landlords seek to minimize their risk exposure while maintaining flexibility in their leasing arrangements.
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1. Parties: Identification of all parties: Guarantor, Landlord/Lessor, and Tenant/Lessee with their full legal names and addresses
2. Background: Reference to the main lease agreement and explanation of why the guarantee is being provided
3. Definitions: Key terms used in the guarantee agreement, including references to terms defined in the main lease
4. Guarantee and Indemnity: Core section detailing the scope of the guarantee, the guarantor's obligations, and indemnification provisions
5. Duration of Guarantee: Period for which the guarantee remains valid, including any extension provisions
6. Guarantor's Obligations: Specific obligations of the guarantor, including payment guarantees and performance obligations
7. Enforcement: Landlord's rights to enforce the guarantee and circumstances under which enforcement can occur
8. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority to provide the guarantee
9. Notices: Process and addresses for serving notices under the guarantee
10. Governing Law and Jurisdiction: Confirmation of Indian law as governing law and specification of jurisdiction for disputes
1. Joint and Several Liability: Required when there are multiple guarantors, defining their joint and several responsibilities
2. Financial Limits: Include when the guarantee is to be capped at a specific amount rather than covering all obligations
3. Corporate Guarantor Provisions: Additional provisions required when the guarantor is a company rather than an individual
4. Assignment and Transfer: Include when either party needs the right to assign or transfer their rights under the guarantee
5. Step-In Rights: Optional provisions allowing guarantor to take over the lease in case of tenant default
6. Guarantee Release Conditions: Specific conditions under which the guarantor may be released from obligations before the natural end of the guarantee
1. Schedule 1 - Main Lease Details: Summary of key details from the main lease agreement including parties, premises, rent, and term
2. Schedule 2 - Guaranteed Obligations: Detailed list of specific obligations being guaranteed, if not all lease obligations are covered
3. Schedule 3 - Guarantor's Details: Detailed information about the guarantor including financial status and relationship to tenant
4. Appendix A - Form of Demand: Standard format for making demands under the guarantee
5. Appendix B - Guarantor's Consent and Acknowledgment: Standard format for guarantor's formal acknowledgment of obligations
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