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1. Parties: Identification of all parties: Landlord, Tenant, and Guarantor, including full legal names, addresses, and relevant registration numbers
2. Background: Context of the guarantee, referring to the main rental agreement and explaining why the guarantee is being provided
3. Definitions: Definitions of key terms used throughout the agreement, including 'Rental Agreement', 'Guaranteed Obligations', 'Property', etc.
4. Scope of Guarantee: Clear definition of what obligations are being guaranteed, including rent, service charges, damages, and other potential liabilities
5. Duration of Guarantee: Period for which the guarantee remains valid, including start date and any termination conditions
6. Guarantor's Obligations: Detailed description of the guarantor's responsibilities and the extent of their liability
7. Maximum Liability: Specification of any caps on the guarantor's liability, as required under Dutch law
8. Payment Terms: Procedures and timeframes for payment demands and how payments should be made
9. Enforcement: Circumstances under which the guarantee can be enforced and the process for doing so
10. Representations and Warranties: Statements and assurances made by the guarantor regarding their capacity and authority to provide the guarantee
11. Notices: How and where formal communications between parties should be sent
12. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes
1. Early Termination Rights: Optional provisions for early termination of the guarantee, used when parties want to include specific exit conditions
2. Additional Guarantor Protections: Extra protections for the guarantor beyond statutory requirements, used in cases where the guarantor negotiates additional safeguards
3. Counter-Indemnity: Provisions for the tenant to indemnify the guarantor, used when there's an agreement between tenant and guarantor for reimbursement
4. Step-In Rights: Rights for the guarantor to take over the tenant's position, used in commercial contexts or high-value residential leases
5. Guarantee Release Conditions: Specific conditions under which the guarantor can be released from obligations, used when parties agree to potential future release scenarios
1. Schedule 1 - Referenced Rental Agreement: Copy or key details of the main rental agreement being guaranteed
2. Schedule 2 - Guaranteed Amounts: Detailed breakdown of the specific amounts or obligations covered by the guarantee
3. Schedule 3 - Property Details: Description and details of the rental property
4. Appendix A - Required Notices: Standard form notices for payment demands or enforcement actions
5. Appendix B - Guarantor's Financial Statement: If required, summary of guarantor's financial position (particularly for high-value guarantees)
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