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guaranty agreement

A two-party contract in which the first party agrees to perform in the event that a second party fails to perform. Unlike a surety, a guarantor is only required to perform after the obligee has made every reasonable and legal effort to force the principal's performance. Another difference is that technically the guaranty agreement is a two-party agreement between the guarantor and the obligee, which is separate from the agreement between the obligee and the principal. A guaranty contract provides the obligee with an alternative to a surety agreement to guarantee or ensure the successful performance of a promise.


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