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1. Parties: Identifies and defines all parties to the agreement: the Lender, the Borrower, and the Surety
2. Background: Explains the context of the agreement, including reference to the primary loan agreement and the surety's willingness to guarantee the loan
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation
4. Surety's Guarantee: Details the scope and extent of the surety's guarantee, including the amount guaranteed and nature of the obligation
5. Nature of Liability: Specifies whether the surety's liability is joint and several with the borrower, and defines the limits of liability
6. Representations and Warranties: Statements made by the surety regarding their capacity and authority to enter into the agreement
7. Surety's Obligations: Detailed list of specific obligations and undertakings of the surety
8. Duration of Guarantee: Specifies the term of the guarantee and conditions for its continuation or termination
9. Enforcement and Remedies: Details the lender's rights and remedies in case of default by either the borrower or surety
10. Indemnity: Surety's obligation to indemnify the lender against losses related to the guaranteed obligations
11. Payments: Procedures and requirements for payments under the guarantee
12. Communications: Requirements for notices and other communications between parties
13. Governing Law and Jurisdiction: Specifies Pakistani law as governing law and identifies jurisdiction for dispute resolution
14. General Provisions: Standard boilerplate clauses including severability, amendments, and entire agreement provisions
1. Security: Required when the surety provides additional collateral to secure their obligations under the guarantee
2. Counter-Indemnity: Used when the borrower agrees to indemnify the surety for any payments made under the guarantee
3. Islamic Banking Compliance: Required when the agreement needs to comply with Islamic banking principles
4. Multiple Sureties: Required when there is more than one surety, defining their respective obligations and relationships
5. Assignment and Transfer: Included when parties want to specifically address the ability to transfer rights under the agreement
6. Force Majeure: Optional clause addressing unforeseen circumstances that may affect the surety's ability to perform
7. Alternative Dispute Resolution: Optional section detailing mediation or arbitration procedures before court litigation
1. Schedule 1 - Details of Primary Loan Agreement: Contains key details of the main loan agreement being guaranteed
2. Schedule 2 - Form of Demand: Standard form for making demands under the guarantee
3. Schedule 3 - Surety's Details: Detailed information about the surety including financial status and contact information
4. Schedule 4 - Security Details: Description of any security or collateral provided by the surety
5. Schedule 5 - Payment Procedures: Detailed procedures for making and receiving payments under the guarantee
6. Appendix A - Required Notices: Templates for various notices required under the agreement
7. Appendix B - Compliance Documents: List of documents required for regulatory compliance
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