EXTENT OF GUARANTEE. Clause 2 of this Appendix applies and the obligations of the Guarantor under clause 2 of this Appendix remain unaffected despite: (a) an amendment of this agreement or any other Transaction Agreement, as applicable, whether with or without Brownes knowledge or consent; (b) a rule of law or equity to the contrary; (c) any Insolvency event affecting a person or the death of a person; (d) a change in the constitution, membership, or partnership of a person; or (e) the partial performance of the Guaranteed Obligations.
1. Introduction Brownes Food Operations Pty Ltd (Brownes) is committed to maintaining its position as the pre‐eminent dairy business in Western Australia. Our business is based on sourcing high quality milk from local Brownes farmers. We recognize the key contribution of our Suppliers in developing a successful fresh dairy business, and the need to work closely together to ensure long term success. This document outlines several key areas through which we operate, and provides working guidelines. We will update this document from time to time as we work together to implement positive changes to our business.
2. Milk and Payment Brownes will pay Suppliers electronically for the previous month’s supply, into nominated bank accounts on the last working day prior to the 15th of the month. A record of the milk payment in the form of a monthly statement will be posted or emailed to the supplier’s nominated address on or after that date. To assist with cash flow, Brownes can, if requested by the Supplier, make a payment to the Suppliers of approximately 30% of the Supplier’s monthly estimated milk payment on the 1st working day after the 1st of the month. This payment is calculated by reference to the first 10 days’ supply of the previous month. Milk Income Estimates (as described below) for the season can also be provided to Suppliers if requested. Any changes to banking details and other Supplier information must be notified in writing. Note: Changes to bank account details must be accompanied by a copy of a bank statement or deposit slip or other document that proves the ownership of the account. For changes to bank accounts or farm ownership, Brownes will require: • If the farm is in joint ownership, all joint owners to sign; • If the farm is owned by a partnership, all partners to sign; • If the farm is owned by a trust, all trustees to sign; • If the farm is owned by a company, a director or a duly authorized signatory on behalf of the company to...
EXTENT OF GUARANTEE. The Guarantee shall remain valid and a continuing specific guarantee for all of the Obligations, notwithstanding the occasional total or partial payment of the Member’s debts and will continue to bind the Guarantor and his successors and assigns unless and until the Guarantor has provided Collabria a twenty (20) days’ prior written notice of its intent to terminate this guarantee. Such notice shall have no effect upon and shall not discharge the Guarantor’s liability herein for any debts contracted by the Cardholder prior to the expiry of the said twenty (20) days’ notice. The Guarantor covenants and agrees that should Collabria receive from the Guarantor any payments for the whole or any part of the Obligations, the Guarantor shall not attempt to claim such payments from the Cardholder as long as any debts and Obligations of the Cardholder to Collabria remains outstanding. The Guarantor continues to be liable to Collabria, notwithstanding any discharge of the Cardholder’s Obligations. The Guarantor covenants to review the Cardholder’s financial condition from time to time and hereby relieves Collabria from any obligation or liability therefor.
EXTENT OF GUARANTEE. On delivery of the VESSEL the CONTRACTOR shall be free of all responsibility or liability whatsoever except for the guarantee contained in this Article. The CONTRACTOR shall guarantee the PURCHASER for a period of 2 years for the VESSEL. The CONTRACTOR shall guarantee the PURCHASER for a period of 5 years for the VESSEL'S coatings specified in Article 3.7 of the SPECIFICATIONS. The guarantee shall apply only to the work of the CONTRACTOR and of its subcontractors and/or suppliers. The CONTRACTOR's liability shall be limited to the above mentioned obligations as to extent and duration and the CONTRACTOR and/or its subcontractors and suppliers shall have no further liability whatsoever for defects due to normal wear and tear or overloading or due to accidents, fire, improper loading or stowage of the VESSEL, mis-management or negligence in the use and maintenance of the VESSEL. Replacements and repairs pursuant to the CONTRACTOR's guarantee obligations shall be subject to guarantee in accordance with this article. If the replacements or repairs under this Article cannot be conveniently made at (one of) the CONTRACTOR's yard(s), the PURCHASER may have carried out elsewhere such repairs and/or replacements; in such a case the CONTRACTOR is discharged from this guarantee and shall reimburse the PURCHASER the documented expenses incurred by the PURCHASER, but such a reimbursement shall not exceed the estimated costs of carrying out the guarantee work at the CONTRACTOR's yard(s) as described above. In the event that the guarantee period provided by manufacturers or suppliers of various components of machinery, materials, equipment, appurtenances and outfit furnished to the CONTRACTOR and embodied in the VESSEL exceeds the aforesaid guarantee period, such extended guarantee rights are to be assigned and made available to the PURCHASER by the CONTRACTOR to the extent possible. THE CONTRACTOR, at its own cost, is to have the right to investigate the validity of the PURCHASER's claim either by the attendance aboard the VESSEL (without interruption to the operation of the VESSEL) of an accredited representative or, in the event it is practicable to do so after suitable replacement is made, by the removal from the VESSEL and the transportation to the CONTRACTOR's shipyard(s) of the defective part. In case of an unjustified claim by the PURCHASER, PURCHASER has to repay CONTRACTER for all costs incurred for inspection and investigation of this incorrect claim. This guar...
EXTENT OF GUARANTEE. (a) Guarantor will be responsible to APD for the performance of the Guaranteed Obligations by Bidder in the same manner as if Guarantor were a party to this deed or the Deed Poll in the place of Bidder.
EXTENT OF GUARANTEE. 1.1 This guarantee is limited to cover the following Stevensons Products only:
1.2 The guarantee shall only apply where:
1.2.1 The total purchase price of the product/s does not exceed R 10,000.00(ten thousand rand) inclusive of VAT.
1.2.2 The total purchase price exceeds R 10 000.00(ten thousand rand). The consumer is required to contact Xxxxxxxxxx Paints at 012-653-4222 in order for Stevensons Paints to inspect the site and issue specifications for the scope of work.
1.2.3 Stevensons Paints will provide replacement paint for the re-application of the coating as may be necessary to repair the paint failure in accordance with clause 7.
1.3 Throughout this guarantee the words “Paint Failure” shall mean any of the following occurring:
1.3.1 delamination of one coat of paint from another, or
1.3.2 delamination of paint from the substrate.
1.4 This guarantee does not cover any indirect or consequential damages.
1.5 Stevensons Roofmaster is Guaranteed only if a Maintenance Coat is applied after 4 years of the initial application and only if applied in accordance with the applicable product data sheet.
EXTENT OF GUARANTEE. SBA guaran- tees to a Registered Holder the timely payment of principal and interest in- stallments and any prepayment or other recovery of principal to which the Registered Holder is entitled. If the Borrower of a loan in a Pool backing the Certificates does not make a re- quired installment payment, SBA, through the FTA, will make advances to maintain the schedule of interest and principal payments to the Reg- istered Holders.
EXTENT OF GUARANTEE. The liability of the Guarantor under this clause shall not be released or discharged (in whole or in part) by:
(a) any time, concession, waiver or indulgence being given by the Company to the Subscriber for or in relation to the observance or performance of the Subscriber’s obligations under this agreement; or
(b) any variation being made to the terms of this agreement or the subsequent termination of this agreement (otherwise than by the Subscriber by due exercise of its rights under this agreement).
EXTENT OF GUARANTEE. The Guarantor unconditionally and irrevocably guarantees payment to the Trustee of the Guaranteed Money. If the Debtor does not pay the Guaranteed Money on time and in accordance with the Senior Finance Documents, then the Guarantor agrees to pay the Guaranteed Money to the Trustee on demand from the Trustee (whether or not demand has been made by the Trustee on the Debtor). A demand may be made at any time and from time to time. ------------------------------------------------------------------------------- 4 Indemnity
4.1 Nature of Indemnity The Guarantor unconditionally and irrevocably indemnifies the Trustee against loss the Trustee suffers and undertakes to pay to the Trustee for the account of the Senior Creditors an amount equal to the loss that the Senior Creditors or any of them suffer because:
(a) the liability to pay the Guaranteed Money is unenforceable for any reason; or
(b) an Insolvency Event occurs in respect of the Debtor (including, without limitation, loss suffered by the Trustee or any Senior Creditor because interest is payable by the Trustee or any Senior Creditor to a liquidator or trustee in bankruptcy of the Debtor as a result of a claim referred to in clause 11 being made); or
(c) the Guaranteed Money is not or has never been recoverable from the Guarantor under clause 3.1, or from the Debtor because of any other circumstance whatsoever including, without limitation, any transaction relating to the Guaranteed Money being void, voidable or unenforceable and whether or not the Trustee or any Senior Creditor knew or should have known anything about that transaction.
EXTENT OF GUARANTEE. The liability of Xxxxx under this clause 5, is not affected by anything that, but for this clause 5, might operate to release or exonerate Xxxxx in whole or in part from its obligations including any of the following, whether with or without the consent of Xxxxx:
(a) the grant to KCE, Xxxxx or any other person of any time, waiver or other indulgence, or the discharge or release of KCE, Xxxxx or any other person from any liability or obligation;
(b) Coalspur exercising or refraining from exercising its rights under any rights, powers or remedies against KCE, Xxxxx or any other person; and
(c) any legal limitation, disability, incapacity or other circumstances related to KCE, Xxxxx or any other person.
EXTENT OF GUARANTEE. (a) The Guarantor will be responsible to Target for the performance of the Guaranteed Obligations by Bidder in the same manner as if the Guarantor were a party to this deed or the Deed Poll in the place of Bidder.
(b) The liability under this clause 14 is not affected by any act, omission or other thing which, but for this clause 14.2(b), might otherwise affect it in law or in equity or operate to release or exonerate the Guarantor in whole or in part from its obligations, including one or more of the following:
(i) an Insolvency Event affecting a person;
(ii) a change in the constituent documents, membership or partnership of a person;
(iii) the partial performance of the Guaranteed Obligations;
(iv) the Guaranteed Obligations not being enforceable at any time against any person other than the Guarantor, including for reasons of legal limitation, disability, incapacity or other circumstances related to Bidder;
(v) Target granting any time or other indulgence, waiver, consent, notice or concession to, or reaching any settlement or compromise with, Bidder or the Guarantor, or Target wholly or partially releasing Bidder or the Guarantor from any liability or obligation;
(vi) any transaction or arrangement that may take place between any of the parties to this deed or any other person;
(vii) the failure or omission or any delay by any party to give notice to the Guarantor of any default by Bidder under this deed;
(viii) acquiescence, delay, acts, omissions or mistakes on the part of Target; or
(ix) the occurrence of any other thing which might otherwise release, discharge or affect the obligations of the Guarantor under this clause 14. For the avoidance of doubt, a variation to this deed which varies the obligations of the Bidder will vary the Guaranteed Obligations accordingly. Such variation will not affect the liability of the Guarantor to be responsible to Target for the performance of such varied Guaranteed Obligations by Bidder in the same manner as if the Guarantor was a party to this deed or the Deed Poll in the place of Bidder.
