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Guaranty Of Lease Agreement
"I need a Swiss law Guaranty of Lease Agreement for a high-value commercial property in Zurich, with two corporate guarantors jointly securing the lease obligations up to 100,000 CHF, including an option to convert to a bank guarantee."
1. Parties: Identification of the Guarantor, Landlord (beneficiary of the guarantee), and reference to the Tenant
2. Background: Context of the guarantee, including reference to the main lease agreement and the reason for the guarantee
3. Definitions: Key terms used in the agreement, including 'Guaranteed Obligations', 'Lease Agreement', 'Maximum Liability Amount'
4. Scope of Guarantee: Clear description of the obligations being guaranteed, including rent, ancillary charges, and any damages
5. Maximum Liability Amount: Explicit statement of the maximum amount for which the guarantor can be held liable (typically 3 months' rent maximum under Swiss law)
6. Duration and Termination: Term of the guarantee, conditions for termination, and notice requirements
7. Guarantor's Obligations: Detailed description of when and how the guarantor must perform, including payment terms
8. Rights and Defenses: Guarantor's legal rights and available defenses under Swiss law
9. Enforcement: Process and conditions for enforcing the guarantee
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
11. Execution: Formal requirements for signing, including date and signatures
1. Multiple Guarantors: Section addressing joint and several liability when there is more than one guarantor
2. Bank Guarantee Option: Alternative provisions for replacing personal guarantee with a bank guarantee
3. Special Conditions: Any specific conditions agreed between the parties, such as step-down provisions or special release conditions
4. Representations and Warranties: Additional confirmations by the guarantor regarding their capacity and understanding
5. Assignment and Transfer: Provisions regarding the transfer of guarantee rights, if permitted
1. Copy of Lease Agreement: Complete copy of the underlying lease agreement being guaranteed
2. Guarantee Amount Calculation: Detailed calculation showing how the maximum guarantee amount was determined
3. Form of Notice: Template for any notices required under the guarantee
4. Bank Details: Details of the rental deposit account where applicable
5. Identity Documents: Copies of identification documents of the guarantor as required for legal validity
Authors
Real Estate
Banking & Financial Services
Property Management
Residential Housing
Commercial Property
Retail
Hospitality
Industrial & Warehousing
Professional Services
Legal Services
Legal
Real Estate
Property Management
Compliance
Risk Management
Contract Administration
Tenant Relations
Asset Management
Operations
Facilities
Real Estate Manager
Property Manager
Legal Counsel
Compliance Officer
Leasing Manager
Asset Manager
Risk Manager
Contract Administrator
Tenant Relations Manager
Property Administrator
Real Estate Attorney
Housing Officer
Facilities Manager
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