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Guarantee Lease Agreement Template for New Zealand

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Key Requirements PROMPT example:

Guarantee Lease Agreement

"I need a Guarantee Lease Agreement for a retail space in Auckland, New Zealand, with the tenant's parent company as guarantor, including specific provisions for shopping center trading hours and a lease term starting March 1, 2025."

Document background
The Guarantee Lease Agreement is a specialized legal instrument used in New Zealand when a landlord requires additional security for a tenant's lease obligations. This document is particularly relevant in commercial leasing situations where the tenant's financial standing needs to be supplemented by a third-party guarantee. It combines standard lease provisions compliant with New Zealand property law with comprehensive guarantee clauses, making it suitable for high-value commercial premises or situations involving new or unproven tenants. The agreement typically includes detailed terms about the guarantee's scope, the guarantor's obligations, enforcement mechanisms, and the specific circumstances under which the guarantee can be called upon. It's designed to protect the landlord's interests while ensuring clarity and fairness for all parties involved.
Suggested Sections

1. Parties: Identifies all parties: Landlord, Tenant, and Guarantor(s)

2. Background: Contextual information explaining the purpose of the agreement and relationship between parties

3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules

4. Lease Grant: Core terms of the lease including property description, term, and permitted use

5. Rent and Operating Expenses: Details of rent, operating expenses, payment terms, and review mechanisms

6. Guarantee Provisions: Terms of the guarantee including scope, obligations, and duration

7. Tenant's Covenants: Tenant's obligations regarding property use, maintenance, and compliance

8. Landlord's Covenants: Landlord's obligations regarding property maintenance and tenant's quiet enjoyment

9. Insurance Requirements: Insurance obligations for all parties

10. Default and Remedies: Consequences of default and available remedies for all parties

11. Assignment and Subletting: Rules regarding transfer of lease rights and obligations

12. Termination: Circumstances and procedures for terminating the lease

13. General Provisions: Standard clauses including notices, governing law, and dispute resolution

Optional Sections

1. Fit-out Works: Include when tenant improvements or modifications are planned

2. Environmental Obligations: Include for properties with specific environmental requirements or concerns

3. Trading Hours and Requirements: Include for retail or commercial premises in shopping centers or similar locations

4. Multiple Guarantors: Include when there are multiple guarantors with joint and several liability

5. Right of First Refusal: Include if tenant has rights to lease adjacent spaces or purchase property

6. Special Use Conditions: Include for properties with specific use restrictions or requirements

7. Seismic Requirements: Include for buildings requiring specific seismic compliance or upgrades

8. Covid-19 Provisions: Include provisions dealing with pandemic-related disruptions

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of leased premises including plans and specifications

2. Schedule 2 - Rent and Payment Schedule: Detailed breakdown of rent, operating expenses, and payment dates

3. Schedule 3 - Guarantee Terms: Specific terms and conditions of the guarantee including liability limits

4. Schedule 4 - Condition Report: Initial condition of the premises with photographs and descriptions

5. Schedule 5 - Building Rules: Specific rules and regulations for the building or complex

6. Schedule 6 - Fit-out Specifications: Details of any approved tenant improvements or modifications

7. Appendix A - Required Insurance Certificates: Copies of required insurance certificates

8. Appendix B - Bank Guarantee Format: Template for bank guarantee if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions











































Clauses









































Relevant Industries

Commercial Real Estate

Retail

Hospitality

Industrial

Office Space

Healthcare

Education

Manufacturing

Warehousing

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Risk Management

Facilities Management

Operations

Finance

Compliance

Asset Management

Business Development

Relevant Roles

Property Manager

Real Estate Attorney

Commercial Lease Manager

Legal Counsel

Commercial Property Director

Risk Manager

Facilities Manager

Commercial Real Estate Broker

Tenant Representative

Asset Manager

Property Portfolio Manager

Lease Administrator

Corporate Real Estate Manager

Business Development Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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