Guarantee protection Clause Samples
The "Guarantee protection" clause serves to assure one party that certain obligations or standards will be met by the other party, often backed by a guarantor. In practice, this clause may require a third party to step in and fulfill contractual duties or compensate for losses if the primary party fails to perform as agreed. Its core function is to allocate risk and provide financial security, ensuring that the beneficiary is protected against non-performance or default.
Guarantee protection. This Guarantee, and the liability of the Guarantor under this Guarantee, is not affected at any time by:
(i) (waiver): the granting to any person by Western Power of any waiver;
(ii) (agreements): any agreement, deed or document created with, or action or omission performed, representation made or non-disclosure of any fact or information by, Western Power or any person;
(iii) (Secured Moneys): any increase or variation in the amount of the Secured Moneys occurring for any reason;
(iv) (document amendment): any amendment to or transfer, release or termination of any agreement, deed or document or any right, power or liability of any person under any agreement, whether for or without consideration;
(v) (enforcement decisions): any exercise or enforcement, or any failure or invalidity in, the exercise or enforcement by Western Power of any right or power conferred on Western Power under any agreement, deed or document or by law;
(vi) (invalidity): any actual or potential invalidity, unenforceability, illegality or irrecoverability of any agreement, deed or document or consent or any payment made or due to Western Power under any agreement for any reason;
(vii) (incapacity): any incapacity or absence of power or authorisation of, or other fact relating to, any person in connection with the execution of any agreement, deed or document or otherwise, including any change in the constitution or membership of any person; or
(viii) (residual): any other breach, default, waiver or fact which, except for this provision, might legally operate:
(A) to release or discharge or have any prejudicial effect on; or
(B) in any manner to release or discharge the Guarantor from performance of, or limit or provide a defence to any legal action to enforce, this Guarantee, or any liability of the Guarantor under or in connection with this Guarantee.
Guarantee protection. This Guarantee, and the liability of the Guarantor* under this Guarantee, is not affected at any time by:
(i) (waiver): the granting to any person by Western Power of any waiver;
(ii) (agreements): any agreement, deed or document created with, or action or omission performed, representation made or non-disclosure of any fact or information by, Western Power* or any person;
(iii) (Secured Moneys*): any increase or variation in the amount of the Secured Moneys* occurring for any reason;
(iv) (document amendment): any amendment to or transfer, release or termination of any agreement, deed or document or any right, power or liability of any person under any agreement, whether for or without consideration;
Guarantee protection. 4.1.1 This Guarantee, and the liability of the Guarantor under this Guarantee, is not affected at any time by:
(a) (waiver): the granting to any person by the Microgrid Operator of any waiver;
(b) (agreements): any agreement, deed or document created with, or action or omission performed, representation made or non-disclosure of any fact or information by, the Microgrid Operator or any person;
(c) (Secured Moneys): any increase or variation in the amount of the Secured Moneys occurring for any reason;
(d) (document amendment): any amendment to or transfer, release or termination of any agreement, deed or document or any right, power or liability of any person under any agreement, whether for or without consideration;
(e) (enforcement decisions): any exercise or enforcement, or any failure or invalidity in, the exercise or enforcement by the Microgrid Operator of any right or power conferred on the Microgrid Operator under any agreement, deed or document or by law;
(f) (invalidity): any actual or potential invalidity, unenforceability, illegality or irrecoverability of any agreement, deed or document or consent or any payment made or due to the Microgrid Operator under any agreement for any reason;
(g) (incapacity): any incapacity or absence of power or authorisation of, or other fact relating to, any person in connection with the execution of any agreement, deed or document or otherwise, including any change in the constitution or membership of any person; or
(h) (residual): any other breach, default, waiver or fact which, except for this provision, might legally operate:
(i) to release or discharge or have any prejudicial effect on; or
(ii) in any manner to release or discharge the Guarantor from performance of, or limit or provide a defence to any legal action to enforce, this Guarantee, or any liability of the Guarantor under or in connection with this Guarantee.