Conditions of the Guarantee. (a) In the case of local financial institutions, the Guarantee must expressly state that the issuer waives the benefit of excussion contemplated in article 2.383 of the Civil Code. In the case of Guarantees issued by foreign financial institutions, it must express that it is on demand and irrevocable and the benefit of excussion or similar ones must be waived.
Conditions of the Guarantee. For the purposes of the Agreement, the liability of the Guarantor shall be limited to the maximum amount of sum (or its equivalent) specified in Paragraph 2.3 of the Joint Guarantee Agreement (at the commercial rate of the Bank as of the date of settlement of the liability (in parts or in full). During the term of effectiveness of the Agreement the Guarantor shall waive his/her/its right to: Raise the Debtor’s counterclaims against the Bank; Refuse to satisfy the Bank, whether or not the Debtor has the right to question the Agreement on the Secured Claims underlying his/her/its obligations. Request to be released from the Guarantee, whether or not: The Debtor’s property status has substantially deteriorated; Repayment from the Debtor has become substantially difficult due to the change of the place of residence or location; The Bank has the ability to demand fulfillment of obligations under the Agreement on the Secured Claims from the Debtor or his/her/its successor/assignee due to the loss of capacity and/or authority of the Debtor, and/or death/bankruptcy/liquidation of the Debtor; The membership of the party/parties to the Agreement on the Secured Claims changes; The Bank transfers the Secured Claims and other claims under the Agreement to other Person (other than the Guarantor); The Bank holds the document having the executive endorsement on execution against the Guarantor. The Bank: Is entitled to request from the Guarantor settlement of the Secured Claims without the compulsory enforcement efforts against the Debtor and preliminary warning of the Debtor/Guarantor, if the Debtor’s insolvency is evident and/or the debt has been claimed by the Bank ahead of the term and has not been paid; Xxxxx, at the Guarantor’s request, provide him/her/it with information regarding the Debtor’s debt; Is entitled to exercise foreclosure on any property or assets of the Guarantor in order to settle the Debtor’s liability. Based on the joint nature of the guarantee, the Parties agree that the reduction of other means of securing the obligation under the Agreement on the Secured Claims shall not affect the Guarantor and cause reduction of the maximum amount of liability of the Guarantor as specified in Paragraph 2.3 of the Joint Guarantee Agreement.
Conditions of the Guarantee. These Volvo CE terms and conditions, contained in this Guarantee, supersede all previous terms and conditions, amendments, supplements, and other prior statements concerning the rates and conditions of Volvo CE’s Guarantee apply. The conditions constitute the entire agreement between the parties and supersedes all previous agreements and understandings, whether oral or written, between the parties or any agents, affiliates or subcontractors thereof. Any failure to enforce or apply a term, condition, or provision of the Guarantee shall not constitute a waiver of that term, condition or provision or otherwise impair our right to enforce such term, condition or provision in the future. Buyer understands that Volvo CE may extend, terminate, add, delete, change or otherwise modify any or all of this Guarantee at any time, for any reason, and without a duty to provide Buyer notice of any kind.. • Guarantee applies only to Class 1 machine down orders; • Product must be less than 10 years old as measured from the commencement of this Guarantee to take advantage of the Guarantee; • New Products purchased during the Term shall enjoy the Guarantee for one full year from the date of title transfer; • Guarantee applies only to Parts shipped by air freight, at Buyer’s expense; • Parts shipped to Hawaii or Canada, or Parts exceeding 150lbs, or Parts of abnormally large volume will be delivered within 48 hours; • Guarantee only applies to normal, Volvo business days. For example, an order placed on a Friday and delivered the following Monday shall, for the purposes of this Guarantee, be considered to fulfill the 24 hour requirement; • This Guarantee expressly excludes made to order parts, programmable parts, hazardous parts and any other parts which Volvo CE decides to exclude, in its sole discretion; • All orders must be placed by 5pm EDT or they will be considered placed on the next business day; • Guarantee only extends to Buyer (end customer) and specifically excludes any dealer rental fleet or similar; LIMITATIONS OF LIABILITY, DAMAGES, NOTICE AND MISC. Any claim against Volvo CE which is in any way related to the Guarantee, whether in in contract, tort (negligence or strict liability) or otherwise, Volvo CE’s total liability for all losses, damages or expenses of any kind are limited, unless otherwise prohibited by law, to an amount not exceeding the cost of shipping the Part. Further, any right Buyer may have to damages, refunds, credits, recovery of reliance inter...
Conditions of the Guarantee. In order to ensure the payment of any obligations arising under this agreement, such as the principal of the debt, interest, fees, regular penalty and fine, the following guarantees are given to the FINANCIAL AGENTS, being considered an indivisible and single unit in relation to the amount of the debt:
Conditions of the Guarantee. 3.1. For the purposes of the Agreement, the liability of the Guarantor shall be limited to the maximum amount of sum (or its equivalent) specified in Paragraph 2.3 of the Joint Guarantee Agreement (at the commercial rate of the Bank as of the date of settlement of the liability (in parts or in full).
Conditions of the Guarantee. 3.1 The Guarantors hereby irrevocably and unconditionally undertake to pay to the Security Agent, upon the Payment Demand, and in accordance with the conditions set out here below, all sums which the Security Agent may claim hereunder up to a maximum amount of principal of 150,000,000 euro (one hundred fifty million Euro), or the equivalent thereof in another currency, plus any interest, taxes or fiscal charges, duties, expenses, fees, rights, levies, indemnities and damages.
Conditions of the Guarantee. 7.1 Guaranteed DMC values in Paragraph 3 are based on a typical block concept maintenance program approved by the FAA, covering routine maintenance tasks and their associated non- routine work, as specified in the Airbus Maintenance Planning Document ("Airbus MPD"). The Guaranteed DMC values will be revised by the Seller and the Buyers, subject to mutual agreement, in accordance with the maintenance tasks specified in the A350 Airbus MPD of the Buyers' FAA approved maintenance program developed by the Buyers and based on the Airbus MPD, when finalized and in accordance with the Buyers' organization of, and strategy for A350 Aircraft maintenance. In addition to the adjustments described in Paragraph 4, any changes to the conditions herein will be cause for reevaluation and/or adjustment of the Maintenance Cost Guarantee, including, but not limited to: