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1. Parties: Identification of the Guarantor(s), Principal Debtor, and Beneficiary with full legal names and addresses
2. Background: Context of the underlying obligation and relationship between parties, including reference to the principal agreement being guaranteed
3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations', 'Principal Agreement', and Islamic finance-specific terms
4. Guarantee and Indemnity: Core provisions detailing the scope of the guarantee and indemnity obligations, structured to comply with Sharia principles
5. Representations and Warranties: Guarantor's confirmations regarding capacity, authority, and Sharia compliance
6. Nature of Guarantee: Specification that the guarantee is primary, independent, and continuing, with provisions for Islamic finance compliance
7. Demands and Payments: Process for making demands under the guarantee and payment mechanisms compliant with Islamic finance principles
8. Preservation of Rights: Beneficiary's rights preservation and the continuing nature of the guarantee
9. Discharge and Release: Conditions for discharge of the guarantee and release of the guarantor
10. Expenses and Taxes: Allocation of costs, expenses, and taxes related to the guarantee
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Confirmation of Saudi law governance and jurisdiction of Saudi courts/committees
13. Execution: Signature blocks and execution formalities
1. Multiple Guarantors: Additional provisions for cases involving more than one guarantor, including joint and several liability
2. Currency Provisions: For cross-border transactions, provisions dealing with currency conversion and payment
3. Security: Where additional security is provided to support the guarantee
4. Assignment and Transfer: Provisions regarding the ability to transfer or assign rights under the guarantee
5. Power of Attorney: Where specific powers need to be granted to the Beneficiary
6. Amendments to Principal Agreement: Provisions dealing with the impact of amendments to the underlying agreement
7. Partial Invalidity: Severability provisions in case certain terms are found to be invalid
8. Language: For bilingual agreements, provisions regarding the prevailing language
1. Form of Demand: Template for making formal demands under the guarantee
2. Principal Agreement: Copy or summary of the underlying agreement being guaranteed
3. Guarantor Board Resolutions: Corporate authorizations for the guarantee
4. Specimen Signatures: Authorized signatures for making and accepting demands
5. Sharia Board Approval: Where required, confirmation of Sharia compliance from relevant Sharia board
6. Security Documents: If applicable, details of any additional security provided
7. Payment Schedule: If applicable, schedule of guaranteed payments or obligations
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