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Guarantee Rental Agreement
"I need a Guarantee Rental Agreement under German law for a commercial property in Berlin, where a parent company will act as guarantor for its subsidiary's office lease starting March 2025, with a guarantee cap of €500,000 and quarterly financial reporting requirements."
1. Parties: Identification of all parties: Landlord (creditor), Tenant (primary debtor), and Guarantor
2. Background: Context of the rental agreement and the reason for the guarantee
3. Definitions: Key terms used throughout the agreement, including 'Guaranteed Obligations' and 'Property'
4. Scope of Guarantee: Precise definition of the obligations covered by the guarantee, including rent, utilities, and potential damages
5. Duration of Guarantee: Term of the guarantee and any conditions for its termination
6. Guarantor's Obligations: Detailed description of the guarantor's responsibilities and the circumstances triggering payment obligations
7. Maximum Liability: Clear statement of the maximum amount the guarantor might be liable for
8. Payment Terms: Process and timing for making payments under the guarantee
9. Enforcement: Procedures for enforcing the guarantee, including notice requirements
10. Representations and Warranties: Guarantor's confirmations regarding their financial capacity and understanding of obligations
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Multiple Guarantors: Required when there is more than one guarantor, defining joint and several liability
2. Release Conditions: Specific conditions under which the guarantor may be released from obligations
3. Bank Guarantee Alternative: Option for replacing personal guarantee with a bank guarantee
4. Guarantee Limitation Period: Specific time limitations on guarantee claims, if different from statutory provisions
5. Property Sale Provisions: Specific provisions regarding guarantee obligations in case of property sale
6. Consumer Protection Declarations: Required when guarantor is acting as a consumer, including specific warnings and acknowledgments
7. Financial Reporting: Requirements for guarantor to provide periodic financial information, typically used for commercial guarantees
1. Schedule 1: Property Details: Detailed description of the rental property
2. Schedule 2: Primary Rental Agreement: Copy or key terms of the underlying rental agreement
3. Schedule 3: Guaranteed Amounts: Detailed breakdown of the guaranteed payment obligations
4. Schedule 4: Form of Demand: Template for making a demand under the guarantee
5. Appendix A: Guarantor's Financial Statement: Current financial information of the guarantor
6. Appendix B: Identity Documents: Copies of identification documents for all parties
Authors
Property
Rental Agreement
Guaranteed Obligations
Guarantee Period
Rent
Additional Charges (Nebenkosten)
Security Deposit (Kaution)
Guarantor
Landlord
Tenant
Guarantee Amount
Payment Date
Default Event
Demand
Business Day
Bank Account
Force Majeure Event
Notice
Permitted Use
Rental Period
Guarantee Enforcement Date
Material Adverse Change
Property Manager
Lease Year
Operating Expenses
Utility Charges
Maintenance Costs
Common Areas
Authorized Representative
Effective Date
Termination Date
Enforcement Notice
Due Date
Guarantee Release Conditions
Consumer Protection Provisions
Guarantee Certificate (Bürgschaftsurkunde)
Payment Obligation
Default Interest
Liability Cap
Scope of Guarantee
Duration
Payment Terms
Enforcement
Release and Discharge
Representations and Warranties
Limitation of Liability
Notices
Assignment and Transfer
Severability
Amendments
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Consumer Protection
Entire Agreement
Interpretation
Execution
Waiver
Third Party Rights
Costs and Expenses
Indemnification
Default Interest
Confidentiality
Termination
Survival
Multiple Guarantors
Set-off Rights
Real Estate
Property Management
Residential Housing
Commercial Property
Student Housing
Retail Property
Office Space Rental
Industrial Property
Mixed-Use Development
Property Investment
Legal
Real Estate
Property Management
Risk Management
Contracts Administration
Compliance
Finance
Operations
Asset Management
Tenant Relations
Property Manager
Real Estate Manager
Legal Counsel
Contracts Manager
Risk Manager
Leasing Manager
Asset Manager
Property Administrator
Real Estate Attorney
Compliance Officer
Financial Controller
Housing Officer
Tenant Relations Manager
Commercial Property Manager
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