GUARANTOR’S LIABILITY. 48.1 Your Guarantor’s liability will not be released or affected: (a) if We give You any extra time to perform Your obligations, any concession or We delay in enforcing Our rights; (b) if We refuse to accept Rents or other sums because We reasonably believe You are in breach of Your obligations or We are entitled to end this lease; (c) if We have any other rights or security which We may enforce against You or Your Guarantor; (d) if You become Insolvent; (e) if part of the Property has been surrendered, in which case Your Guarantor’s liability will continue in respect of the part of the Property not surrendered; (f) by any rent review properly agreed or determined; (g) by any variation to this lease whether or not such variation imposes more onerous terms subject to clause 48.3 (Guarantor's Commitments) above; (h) by Us transferring Our title in the Property to a third party; or (i) by any other act or thing which would release Your Guarantor from its obligations other than a deed of release given by Us. 48.2 Whilst You still have obligations to Us Your Guarantor must not, without Our consent, make any claim against You or take any security from You, and any security taken in breach of this clause shall be held on trust for Us as security for the liability of Your Guarantor to Us. 48.3 All payments made by Your Guarantor shall be made without set off, abatement, deduction or counterclaim (whether legal or equitable).
Appears in 2 contracts
Samples: Publican Partnership Incentive Lease, Publican Partnership Investment Lease
GUARANTOR’S LIABILITY. 48.1 42.1 Your Guarantor’s liability will not be released or affected:
(a) if We give You any extra time to perform Your obligations, any concession or We delay in enforcing Our rights;
(b) if We refuse to accept Rents or other sums because We reasonably believe You are in breach of Your obligations or We are entitled to end this leasetenancy;
(c) if We have any other rights or security which We may enforce against You or Your Guarantor;
(d) if You become Insolvent;
(e) if part of the Property has been surrendered, in which case Your Guarantor’s liability will continue in respect of the part of the Property not surrendered;
(f) by any rent review properly agreed or determined;
(g) by any variation to this lease tenancy whether or not such variation imposes more onerous terms subject to clause 48.3 41.3 (Guarantor's Commitments) above;
(h) by Us transferring Our title in the Property to a third party; or
(i) by any other act or thing which would release Your Guarantor from its obligations other than a deed of release given by Us.
48.2 42.2 Whilst You still have obligations to Us Your Guarantor must not, without Our consent, make any claim against You or take any security from You, and any security taken in breach of this clause shall be held on trust for Us as security for the liability of Your Guarantor to Us.
48.3 42.3 All payments made by Your Guarantor shall be made without set off, abatement, deduction or counterclaim (whether legal or equitable).
Appears in 1 contract
Samples: Partnership Tenancy Plus Agreement
GUARANTOR’S LIABILITY. 48.1 Your Guarantor’s 3.1 The liability will of the guarantor under this Chapter 13 shall not be released or affectedaffected by:
(a) if We give You any extra 3.1.1 Any time or indulgence granted by us to perform Your obligationsyou, any concession or We delay or forbearance of us in enforcing Our rights;
the payment of any sum (bor demanding any sum) if We refuse to accept Rents or other sums because We reasonably believe You are in breach the observance or performance of Your your obligations or We are entitled to end under this lease;
(c) if We have 3.1.2 Any variation to the terms of this lease; or
3.1.3 Any refusal by us to accept any rent or other rights payment due under this lease where we believe that the acceptance of such rent or security which We payment may enforce against You or Your Guarantor;prejudice our ability to re-enter the property; or
3.1.4 Us:
(di) if You become Insolvent;
(e) if part of Exercising any right or remedy against you for any failure by you to pay the Property has been surrendered, in which case Your Guarantor’s liability will continue in respect of the part of the Property not surrendered;
(f) rents reserved by any rent review properly agreed or determined;
(g) by any variation to this lease whether or not such variation imposes more onerous terms subject to clause 48.3 (Guarantorobserve or perform the tenant's Commitments) above;
(h) by Us transferring Our title in the Property to a third partyobligations under this lease; or
(iii) Taking any action or refraining from taking any action in connection with any other security held by us in respect of your liability to pay the rents reserved by this lease or observe and perform the tenant's obligations under this lease including the release of any such security; or
3.1.5 Any legal limitation or disability on you or any invalidity or irregularity of any of the tenant's obligations under this lease or any unenforceability of any of them against you; or
3.1.6 You being dissolved, or being struck off the register of companies or otherwise ceasing to exist, or, if you are an individual, by you dying or becoming incapable of managing your affairs; or
3.1.7 The disclaimer of your liability under this lease or the irritancy of this lease; or by any other act or thing which would omission except an express written and validly executed release Your Guarantor from its obligations other than a deed of release given the guarantor by Usus.
48.2 Whilst You still have obligations to Us Your Guarantor must not3.2 Any sums payable by the guarantor shall be paid without any deduction, without Our consent, make any set-off or counter-claim against You the you or take any security from You, and any security taken in breach of this clause shall be held on trust for Us as security for the liability of Your Guarantor to Usus.
48.3 All payments made by Your Guarantor shall be made without set off, abatement, deduction or counterclaim (whether legal or equitable).
Appears in 1 contract
Samples: Lease Agreement