Guarantee and State as Additional Insured Sample Clauses

Guarantee and State as Additional Insured. (a) The STATE will not issue a NOTICE TO PROCEED or other written authorization for LESSEE to initiate any CONSTRUCTION activity under the LEASE, prior to the STATE’s receipt from the LESSEE of an unconditional guarantee, meeting all requirements of this section, guaranteeing the performance of all of LESSEE’s duties and obligations under and by virtue of this LEASE. If the LESSEE at the time of the initial request for CONSTRUCTION authorization is a subsidiary of TransCanada PipeLines Limited, then the guarantee shall be executed by TransCanada PipeLines Limited (hereinafter “TCPL” or “Guarantor”). If an assignment of the LEASE to an entity that is not a subsidiary of TCPL has been approved by the COMMISSIONER prior to the initial request for CONSTRUCTION authorization, the guarantee shall be executed by the assignee’s guarantor (hereinafter “Guarantor”) as approved by the COMMISSIONER under Section 23 of the LEASE.