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.
Appears in 3 contracts
Samples: Electricity Transfer Access Contract, Electricity Transfer Access Contract, Electricity Transfer Access Contract
Guarantee protection. This Guarantee, and the liability of the Guarantor 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 Power* or any person;
(iii) (Secured Moneys*): any increase or variation in the amount of the Secured Moneys 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 Power* of any right or power conferred on Western Power 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 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 Guarantor* from performance of, or limit or provide a defence to any legal action to enforce, this Guarantee, or any liability of the Guarantor Guarantor* under or in connection with this Guarantee.
Appears in 1 contract
Samples: Electricity Transfer Access Contract
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 lawlLaw;
(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.
Appears in 1 contract
Samples: Electricity Transfer Access Contract
Guarantee protection. This Guarantee, and the liability of the Guarantor under this Guarantee, is not affected at any time by:
(ia) (waiver): the granting to any person by Western Power of any waiver;
(iib) (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;
(iiic) (Secured Moneys): any increase or variation in the amount of the Secured Moneys occurring for any reason;
(ivd) (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;
(ve) (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;
(vif) (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;
(viig) (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
(viiih) (residual): any other breach, default, waiver or fact which, except for this provision, might legally operate:
(Ai) to release or discharge or have any prejudicial effect on; or
(Bii) 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.
Appears in 1 contract
Samples: Electricity Transfer Access Contract
Guarantee protection. This Guarantee, and the liability of the Guarantor 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 Power* or any person;
(iii) (Secured Moneys*): any increase or variation in the amount of the Secured Moneys 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 Power* of any right or power conferred on Western Power 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 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
or DM 8672179 ELECTRICITY TRANSFER ACCESS CONTRACT (AA#32) (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.
Appears in 1 contract
Samples: Electricity Transfer Access Contract
Guarantee protection. This Guarantee, and the liability of the Guarantor under this Guarantee, is are not affected at any time by:
(ia) (waiver): the granting to any person by Western Power the Supplier of any waiver;
(iib) (agreements): any agreement, deed or document created with, or action or omission performed, representation or warranty made or non-disclosure of any fact or information by, Western Power the Supplier or any person;
(iiic) (Secured Moneyssecured moneys): any increase or variation in the amount of the Secured Moneys occurring for any reason;
(ivd) (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;
(ve) (enforcement decisions): any exercise or enforcement, or any failure or invalidity in, in the exercise or enforcement enforcement, by Western Power the Supplier of any right or power conferred on Western Power the Supplier under any agreement, deed or document or by law;
(vif) (invalidity): any actual or potential invalidity, unenforceability, illegality or irrecoverability not coverability of any agreement, deed or document or consent or any payment made or due to Western Power the Supplier under any agreement for any reason;
(viig) (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
(viiih) (residual): any other breach, default, waiver or fact which, except for this provision, might legally operate:
(Ai) to release or discharge or have any prejudicial effect on; or
(Bii) 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.
Appears in 1 contract
Samples: Supply Agreement
Guarantee protection. This Guarantee, and the liability of the Guarantor 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 Power* or any person;
(iii) (Secured Moneys*): any increase or variation in the amount of the Secured Moneys 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 Power* of any right or power conferred on Western Power 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 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 Guarantor* from performance of, or limit or provide a defence to any legal action to enforce, this Guarantee, or any liability of the Guarantor Guarantor* under or in connection with this Guarantee.. Formatted: Bullets and Numbering
Appears in 1 contract
Samples: Electricity Transfer Access Contract