Common use of Guarantor Intent Clause in Contracts

Guarantor Intent. Without prejudice to the generality of Clause 5 (The Buyer’s protections), the Guarantor expressly confirms that it intends that this Deed of Guarantee will extend from time to time to any variation, increase, extension or addition of or to the Call-Off Contract and any associated fees, costs or expenses. RIGHTS OF SUBROGATION The Guarantor will, at any time when there is any Default in the performance of any of the Guaranteed Obligations by the Supplier or any Default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have: of subrogation and indemnity to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier’s obligations to prove in the liquidation or insolvency of the Supplier The Guarantor will do this in accordance with the Buyer’s written instructions and will hold any amount recovered as a result of the exercise of such rights on trust for the Buyer and pay the same to the Buyer on first demand. The Guarantor acknowledges that it has not taken any security from the Supplier in connection with this Deed of Guarantee and agrees not to do so until Beneficiary receives all monies payable hereunder and will hold any security taken in breach of this Clause on trust for the Buyer. DEFERRAL OF RIGHTS Until all amounts which may be or become payable by the Supplier under, or in connection with, the Call-Off Contract have been irrevocably paid in full, the Guarantor agrees that, without the prior written consent of the Buyer, it will not: exercise any rights it may have to be indemnified by the Supplier claim any contribution from any other guarantor of the Supplier’s obligations under the Call-Off Contract take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Buyer under the Call-Off Contract or of any other guarantee or security taken following, or in connection with, the Call-Off Contract demand or accept repayment in whole or in part of any indebtedness now or hereafter due from the Supplier claim any set-off or counterclaim against the Supplier If the Guarantor receives any payment or other benefit or exercises any set-off or counterclaim or otherwise acts in breach of this Clause 8, anything so received and any benefit derived directly or indirectly by the Guarantor therefrom will be held on trust for the Buyer and applied in or towards discharge of its obligations to the Buyer under this Deed of Guarantee.

Appears in 3 contracts

Samples: assets.publishing.service.gov.uk, Specialist Framework Agreement, assets.crowncommercial.gov.uk

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Guarantor Intent. Without prejudice to the generality of Clause 5 (The Buyer’s protections), the Guarantor expressly confirms that it intends that this Deed of Guarantee will extend from time to time to any variation, increase, extension or addition of or to the Call-Off Contract and any associated fees, costs or expenses. RIGHTS OF SUBROGATION The Guarantor will, at any time when there is any Default in the performance of any of the Guaranteed Obligations by the Supplier or any Default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have: of subrogation and indemnity to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier’s obligations to prove in the liquidation or insolvency of the Supplier The Guarantor will do this in accordance with the Buyer’s written instructions and will hold any amount recovered as a result of the exercise of such rights on trust for the Buyer and pay the same to the Buyer on first demand. The Guarantor acknowledges that it has not taken any security from the Supplier in connection with this Deed of Guarantee and agrees not to do so until Beneficiary receives all monies payable hereunder and will hold any security taken in breach of this Clause on trust for the Buyer. DEFERRAL OF RIGHTS Until all amounts which may be or become payable by the Supplier under, or in connection with, the Call-Off Contract have been irrevocably paid in full, the Guarantor agrees that, without the prior written consent of the Buyer, it will not: exercise any rights it may have to be indemnified by the Supplier claim any contribution from any other guarantor of the Supplier’s obligations under the Call-Off Contract take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Buyer under the Call-Off Contract or of any other guarantee or security taken following, or in connection with, the Call-Off Contract demand or accept repayment in whole or in part of any indebtedness now or hereafter due from the Supplier claim any set-off or counterclaim against the Supplier If the Guarantor receives any payment or other benefit or exercises any set-off or counterclaim or otherwise acts in breach of this Clause 8, anything so received and any benefit derived directly or indirectly by the Guarantor therefrom will be held on trust for the Buyer and applied in or towards discharge of its obligations to the Buyer under this Deed of Guarantee.

Appears in 2 contracts

Samples: digitalmarketplace.blog.gov.uk, digitalmarketplace.blog.gov.uk

Guarantor Intent. Without prejudice to the generality of Clause 5 (The Buyer’s protections), the Guarantor expressly confirms that it intends that this Deed of Guarantee will extend from time to time to any variation, increase, extension or addition of or to the Call-Off Contract and any associated fees, costs or expenses. RIGHTS OF SUBROGATION The Guarantor will, at any time when there is any Default in the performance of any of the Guaranteed Obligations by the Supplier or any Default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have: of subrogation and indemnity to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier’s obligations to prove in the liquidation or insolvency of the Supplier The Guarantor will do this in accordance with the Buyer’s written instructions and will hold any amount recovered as a result of the exercise of such rights on trust for the Buyer and pay the same to the Buyer on first demand. The Guarantor acknowledges that it has not taken any security from the Supplier in connection with this Deed of Guarantee and agrees not to do so until Beneficiary receives all monies payable hereunder and will hold any security taken in breach of this Clause on trust for the Buyer. DEFERRAL OF RIGHTS Until all amounts which may be or become payable by the Supplier under, or in connection with, the Call-Off Contract have been irrevocably paid in full, the Guarantor agrees that, without the prior written consent of the Buyer, it will not: exercise any rights it may have to be indemnified by the Supplier claim any contribution from any other guarantor of the Supplier’s obligations under the Call-Off Contract take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Buyer under the Call-Off Contract or of any other guarantee or security taken following, or in connection with, the Call-Off Contract demand or accept repayment in whole or in part of any indebtedness now or hereafter due from the Supplier claim any set-off or counterclaim against the Supplier If the Guarantor receives any payment or other benefit or exercises any set-off or counterclaim or otherwise acts in breach of this Clause 8, anything so received and any benefit derived directly or indirectly by the Guarantor therefrom will be held on trust for the Buyer and applied in or towards discharge of its obligations to the Buyer under this Deed of Guarantee.

Appears in 2 contracts

Samples: Specialist Framework Agreement, assets.publishing.service.gov.uk

Guarantor Intent. Without prejudice to the generality of Clause 5 (The Buyer’s protections), the Guarantor expressly confirms that it intends that this Deed deed of Guarantee guarantee will extend from time to time to any variation, increase, extension or addition of or to the Call-Off Contract and any associated fees, costs or expenses. RIGHTS OF SUBROGATION The Guarantor will, at any time when there is any Default in the performance of any of the Guaranteed Obligations by the Supplier or any Default by the Guarantor in the performance of any of its obligations under this Deed deed of Guaranteeguarantee, exercise any rights it may have: of subrogation and indemnity to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier’s obligations to prove in the liquidation or insolvency of the Supplier The Guarantor will do this in accordance with the Buyer’s written instructions and will hold any amount recovered as a result of the exercise of such rights on trust for the Buyer and pay the same to the Buyer on first demand. The Guarantor acknowledges that it has not taken any security from the Supplier in connection with this Deed deed of Guarantee guarantee and agrees not to do so until Beneficiary receives all monies payable hereunder and will hold any security taken in breach of this Clause on trust for the Buyer. DEFERRAL OF RIGHTS Until all amounts which may be or become payable by the Supplier under, or in connection with, the Call-Off Contract have been irrevocably paid in full, the Guarantor agrees that, without the prior written consent of the Buyer, it will not: exercise any rights it may have to be indemnified by the Supplier claim any contribution from any other guarantor of the Supplier’s obligations under the Call-Off Contract take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Buyer under the Call-Off Contract or of any other guarantee or security taken following, or in connection with, the Call-Off Contract demand or accept repayment in whole or in part of any indebtedness now or hereafter due from the Supplier claim any set-off or counterclaim against the Supplier If the Guarantor receives any payment or other benefit or exercises any set-off or counterclaim or otherwise acts in breach of this Clause 8, anything so received and any benefit derived directly or indirectly by the Guarantor therefrom will be held on trust for the Buyer and applied in or towards discharge of its obligations to the Buyer under this Deed deed of Guaranteeguarantee.

Appears in 2 contracts

Samples: assets.crowncommercial.gov.uk, assets.publishing.service.gov.uk

Guarantor Intent. Without prejudice to the generality of Clause 5 (The Buyer’s protections), the Guarantor expressly confirms that it intends that this Deed of Guarantee will extend from time to time to any variation, increase, extension or addition of or to the Call-Off Call­Off Contract and any associated fees, costs or expenses. RIGHTS OF SUBROGATION The Guarantor will, at any time when there is any Default in the performance of any of the Guaranteed Obligations by the Supplier or any Default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have: of subrogation and indemnity to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier’s obligations to prove in the liquidation or insolvency of the Supplier The Guarantor will do this in accordance with the Buyer’s written instructions and will hold any amount recovered as a result of the exercise of such rights on trust for the Buyer and pay the same to the Buyer on first demand. The Guarantor acknowledges that it has not taken any security from the Supplier in connection with this Deed of Guarantee and agrees not to do so until Beneficiary receives all monies payable hereunder and will hold any security taken in breach of this Clause on trust for the Buyer. DEFERRAL OF RIGHTS Until all amounts which may be or become payable by the Supplier under, or in connection with, the Call-Off Call­Off Contract have been irrevocably paid in full, the Guarantor agrees that, without the prior written consent of the Buyer, it will not: exercise any rights it may have to be indemnified by the Supplier claim any contribution from any other guarantor of the Supplier’s obligations under the Call-Off Call­Off Contract take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Buyer under the Call-Off Call­Off Contract or of any other guarantee or security taken following, or in connection with, the Call-Off Call­Off Contract demand or accept repayment in whole or in part of any indebtedness now or hereafter due from the Supplier claim any set-off set­off or counterclaim against the Supplier If the Guarantor receives any payment or other benefit or exercises any set-off set­off or counterclaim or otherwise acts in breach of this Clause 8, anything so received and any benefit derived directly or indirectly by the Guarantor therefrom will be held on trust for the Buyer and applied in or towards discharge of its obligations to the Buyer under this Deed of Guarantee.

Appears in 1 contract

Samples: assets.publishing.service.gov.uk

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Guarantor Intent. Without prejudice to the generality of Clause 5 (The Buyer’s protections), the Guarantor expressly confirms that it intends that this Deed deed of Guarantee guarantee will extend from time to time to any variation, increase, extension or addition of or to the Call-Off Contract and any associated fees, costs or expenses. RIGHTS OF SUBROGATION The Guarantor will, at any time when there is any Default in the performance of any of the Guaranteed Obligations by the Supplier or any Default by the Guarantor in the performance of any of its obligations under this Deed deed of Guaranteeguarantee, exercise any rights it may have: of subrogation and indemnity to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier’s obligations to prove in the liquidation or insolvency of the Supplier The Guarantor will do this in accordance with the Buyer’s written instructions and will hold any amount recovered as a result of the exercise of such rights on trust for the Buyer and pay the same to the Buyer on first demand. The Guarantor acknowledges that it has not taken any security from the Supplier in connection with this Deed deed of Guarantee guarantee and agrees not to do so until Beneficiary receives all monies payable hereunder and will hold any security taken in breach of this Clause on trust for the Buyer. DEFERRAL OF RIGHTS Until all amounts which may be or become payable by the Supplier under, or in connection with, the Call-Off Contract have been irrevocably paid in full, the Guarantor agrees that, without the prior written consent of the Buyer, it will not: exercise any rights it may have to be indemnified by the Supplier claim any contribution from any other guarantor of the Supplier’s obligations under the Call-Off Contract take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Buyer under the Call-Off Contract or of any other guarantee or security taken following, or in connection with, the Call-Off Contract demand or accept repayment in whole or in part of any indebtedness now or hereafter due from the Supplier claim any set-off or counterclaim against the Supplier If the Guarantor receives any payment or other benefit or exercises any set-off or counterclaim or otherwise acts in breach of this Clause 8, anything so received and any benefit derived directly or indirectly by the Guarantor therefrom will be held on trust for the Buyer and applied in or towards discharge of its obligations to the Buyer under this Deed deed of Guaranteeguarantee.

Appears in 1 contract

Samples: assets.publishing.service.gov.uk

Guarantor Intent. Without prejudice to the generality of Clause 5 (The Buyer’s protections), the Guarantor expressly confirms that it intends that this Deed deed of Guarantee guarantee will extend from time to time to any variation, increase, extension or addition of or to the Call-Off Contract and any associated fees, costs or expenses. RIGHTS OF SUBROGATION The Guarantor will, at any time when there is any Default in the performance of any of the Guaranteed Obligations by the Supplier or any Default by the Guarantor in the performance of any of its obligations under this Deed deed of Guaranteeguarantee, exercise any rights it may have: of subrogation and indemnity to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier’s obligations to prove in the liquidation or insolvency of the Supplier The Guarantor will do this in accordance with the Buyer’s written instructions and will hold any amount recovered as a result of the exercise of such rights on trust for the Buyer and pay the same to the Buyer on first demand. The Guarantor acknowledges that it has not taken any security from the Supplier in connection with this Deed deed of Guarantee guarantee and agrees not to do so until Beneficiary receives all monies payable hereunder and will hold any security taken in breach of this Clause on trust for the Buyer. DEFERRAL OF RIGHTS Until all amounts which may be or become payable by the Supplier under, or in connection with, the Call-Off Contract have been irrevocably paid in full, the Guarantor agrees that, without the prior written consent of the Buyer, it will not: exercise any rights it may have to be indemnified by the Supplier claim any contribution from any other guarantor of the Supplier’s obligations under the Call-Off Contract take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Buyer under the Call-Off Contract or of any other guarantee or security taken following, or in connection with, the Call-Off Contract demand or accept repayment in whole or in part of any indebtedness now or hereafter due from the Supplier claim any set-off or counterclaim against the Supplier If the Guarantor receives any payment or other benefit or exercises any set-off or counterclaim or otherwise acts in breach of this Clause 8, anything so received and any benefit derived directly or indirectly by the Guarantor therefrom will be held on trust for the Buyer and applied in or towards discharge of its obligations to the Buyer under this Deed deed of Guaranteeguarantee.

Appears in 1 contract

Samples: assets.publishing.service.gov.uk

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