GUARANTY OF AGREEMENT. FOR VALUE RECEIVED, and in consideration for, and as an inducement to VIRGINIA HIGHLANDS SMALL BUSINESS INCUBATOR, INC. (hereinafter referred to as “VHSBI”), to enter into an Affiliate Program Agreement (the “Agreement”) with , (hereinafter referred to as “Affiliate”) which Agreement, of even date herewith, is incorporated herein by reference, the undersigned absolutely, unconditionally and irrevocably guarantees to VHSBI the full and prompt payment of all fees and all other charges to be paid by Affiliate under the Agreement and the full and timely performance and observance of all covenants, conditions, and agreements therein provided to be performed and observed by Affiliate. The undersigned expressly agrees that the validity of the Guaranty of Agreement and the obligations of the undersigned hereunder shall in no way be terminated, affected, or impaired by reason of (i) any forbearances, releases, settlements or compromises between VHSBI and Affiliate or any other guarantor, by reason of any waiver of or failure to enforce any of the rights and remedies reserved to VHSBI in the Agreement or otherwise, or (ii) the invalidity, illegality or unenforceability of the Agreement for any reason whatsoever, or (iii) as a result of the relief or release of Affiliate or any other guarantor from any of their obligations under the Agreement by operation of law or otherwise, including, without limitation of the generality of the foregoing, the insolvency, bankruptcy, liquidation or dissolution of Affiliate or any other guarantor or the rejection of or assignment of the Agreement in connection with proceedings under any bankruptcy laws now in effect or hereafter enacted, or (iv) the release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation, negligent, willful, unreasonable or unjustifiable impairment) of any collateral securing the Agreement, or (v) any other act or omission of VHSBI or Affiliate which would otherwise constitute or create a legal or equitable defense in favor of the undersigned. The undersigned represents and warrants that the undersigned has a material economic interest in Affiliate and that the execution of this Agreement will be of direct benefit to the undersigned, whether or not the undersigned shall ever use any portion of the premises. In the event of any termination of the Agreement by VHSBI, the undersigned’s liability hereunder shall not be terminated, but the undersigned shall be and remain liable for all damages, costs, expenses and other claims which may arise under the Agreement including reasonable attorney’s fees. If the undersigned shall, directly or indirectly, advance any sums to the Affiliate, such sums and indebtedness shall be subordinate in all respects to the amounts then and thereafter due and owing by the Affiliate under the Agreement. Payment by the undersigned of any amount pursuant to this Guaranty of Agreement shall not in any way entitle the undersigned to any right, title or interest (whether by way of subrogation or otherwise) in and to any of the rights or remedies VHSBI may have against Affiliate, unless and until the full amount owing to VHSBI under the Agreement has been fully paid. The undersigned hereby expressly waives: (i) notice of acceptance of this Guaranty of Agreement and of presentment, demand and protest; (ii) notice of any default hereunder or under the Agreement and of all indulgences; (iii) demand for observance or performance of, or enforcement of, any terms or provisions of this Guaranty of Agreement or the Agreement; and (iv) all other notices and demands otherwise required by law which the undersigned may lawfully waive. The undersigned agrees that in the event this Guaranty of Agreement shall be enforced by suit or otherwise, the undersigned will reimburse VHSBI, upon demand, for all expenses incurred in connection therewith, including, without limitation, reasonable attorney’s fees. The undersigned hereby waives, to the maximum extent permitted by law, all defenses available to a surety, whether the waiver is specifically herein enumerated or not. It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the successors and assigns of VHSBI, and shall be binding upon the respective heirs, executors, administrators, successors and assigns of the undersigned. In the event more than one person or entity executes this Guaranty of Agreement, or counterpart thereof, the liability of such signatories hereunder shall be joint and several. A determination that any provision of this Guaranty of Agreement is unenforceable or invalid shall not affect the enforceability or validity or any other provision and any determination that the application of any provision of this Guaranty of Agreement to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to or any other persons or circumstances. No modification or amendment of this Guaranty of Agreement shall be effective unless executed by the undersigned and consented to by VHSBI in writing, and no cancellation hereof shall be valid unless executed by VHSBI in writing. In the event it shall be asserted that Affiliate’s obligations are void and voidable due to illegal or unauthorized acts by Affiliate in the execution of the Agreement, the undersigned shall nevertheless be liable hereunder to the same extent as the undersigned would have been if the obligations of the Affiliate had been enforceable against the Affiliate. This Guaranty of Agreement shall be governed by the laws of the Commonwealth of Virginia and may be enforced by action in any court of competent jurisdiction in the state courts of Washington County, Virginia or the federal court in Abingdon, Virginia. EXECUTED as of the day of , 20 . Item Program Fee - $50.00 per month & Internet Access. including your conference room hours) $30.00 for each additional 10 - hour block. Business Hours Monday through Friday 8:30 a.m. to 5:00 p.m. For More information please contact: Xxxxx Xxxx at (000) 000-0000 or xxxxx@xxxxx.xxx. Conference Room and Events • The conference room(s) can be reserved by contacting, xxxxxxxxxxxx@xxxxx.xxx. VHSBI requires the completed Facility Events application. Once the application is submitted, your request will be confirmed by email. All special requests should be submitted on the Facility Events application. • Business hours of the facility are 8:30 a.m. until 5:00 p.m. Monday through Friday. The facility is available for rent after hours with proper authorization by the Executive Director and proof of a current Liability insurance certificate naming VHSBI as an additional insured. • The doors are to be securely locked upon your departure. • Tablecloths are available for rent upon request and in writing on the Facility Events application. • Copies can be purchased from the receptionist at a cost of .07 per black and white copy and .15 per color copy.

Appears in 2 contracts

Samples: Affiliate Program Agreement, Affiliate Program Agreement

GUARANTY OF AGREEMENT. FOR VALUE RECEIVED, and in consideration for, and as an inducement to VIRGINIA HIGHLANDS SMALL BUSINESS INCUBATOR, INC. (hereinafter referred to as “VHSBI”), to enter into an Affiliate Program Agreement (the “Agreement”) with , (hereinafter referred to as “Affiliate”) which Agreement, of even date herewith, is incorporated herein by reference, the undersigned absolutely, unconditionally and irrevocably guarantees to VHSBI the full and prompt payment of all fees and all other charges to be paid by Affiliate under the Agreement and the full and timely performance and observance of all covenants, conditions, and agreements therein provided to be performed and observed by Affiliate. The undersigned expressly agrees that the validity of the Guaranty of Agreement and the obligations of the undersigned hereunder shall in no way be terminated, affected, or impaired by reason of (i) any forbearances, releases, settlements or compromises between VHSBI and Affiliate or any other guarantor, by reason of any waiver of or failure to enforce any of the rights and remedies reserved to VHSBI in the Agreement or otherwise, or (ii) the invalidity, illegality or unenforceability of the Agreement for any reason whatsoever, or (iii) as a result of the relief or release of Affiliate or any other guarantor from any of their obligations under the Agreement by operation of law or otherwise, including, without limitation of the generality of the foregoing, the insolvency, bankruptcy, liquidation or dissolution of Affiliate or any other guarantor or the rejection of or assignment of the Agreement in connection with proceedings under any bankruptcy laws now in effect or hereafter enacted, or (iv) the release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation, negligent, willful, unreasonable or unjustifiable impairment) of any collateral securing the Agreement, or (v) any other act or omission of VHSBI or Affiliate which would otherwise constitute or create a legal or equitable defense in favor of the undersigned. The undersigned represents and warrants that the undersigned has a material economic interest in Affiliate and that the execution of this Agreement will be of direct benefit to the undersigned, whether or not the undersigned shall ever use any portion of the premises. In the event of any termination of the Agreement by VHSBI, the undersigned’s liability hereunder shall not be terminated, but the undersigned shall be and remain liable for all damages, costs, expenses and other claims which may arise under the Agreement including reasonable attorney’s fees. If the undersigned shall, directly or indirectly, advance any sums to the Affiliate, such sums and indebtedness shall be subordinate in all respects to the amounts then and thereafter due and owing by the Affiliate under the Agreement. Payment by the undersigned of any amount pursuant to this Guaranty of Agreement shall not in any way entitle the undersigned to any right, title or interest (whether by way of subrogation or otherwise) in and to any of the rights or remedies VHSBI may have against Affiliate, unless and until the full amount owing to VHSBI under the Agreement has been fully paid. The undersigned hereby expressly waives: (i) notice of acceptance of this Guaranty of Agreement and of presentment, demand and protest; (ii) notice of any default hereunder or under the Agreement and of all indulgences; (iii) demand for observance or performance of, or enforcement of, any terms or provisions of this Guaranty of Agreement or the Agreement; and (iv) all other notices and demands otherwise required by law which the undersigned may lawfully waive. The undersigned agrees that in the event this Guaranty of Agreement shall be enforced by suit or otherwise, the undersigned will reimburse VHSBI, upon demand, for all expenses incurred in connection therewith, including, without limitation, reasonable attorney’s fees. The undersigned hereby waives, to the maximum extent permitted by law, all defenses available to a surety, whether the waiver is specifically herein enumerated or not. It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the successors and assigns of VHSBI, and shall be binding upon the respective heirs, executors, administrators, successors and assigns of the undersigned. In the event more than one person or entity executes this Guaranty of Agreement, or counterpart thereof, the liability of such signatories hereunder shall be joint and several. A determination that any provision of this Guaranty of Agreement is unenforceable or invalid shall not affect the enforceability or validity or any other provision and any determination that the application of any provision of this Guaranty of Agreement to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to or any other persons or circumstances. No modification or amendment of this Guaranty of Agreement shall be effective unless executed by the undersigned and consented to by VHSBI in writing, and no cancellation hereof shall be valid unless executed by VHSBI in writing. In the event it shall be asserted that Affiliate’s obligations are void and voidable due to illegal or unauthorized acts by Affiliate in the execution of the Agreement, the undersigned shall nevertheless be liable hereunder to the same extent as the undersigned would have been if the obligations of the Affiliate had been enforceable against the Affiliate. This Guaranty of Agreement shall be governed by the laws of the Commonwealth of Virginia and may be enforced by action in any court of competent jurisdiction in the state courts of Washington County, Virginia or the federal court in Abingdon, Virginia. EXECUTED as of the day of , 20 . Item Program Fee - $50.00 per month & Internet Access. including your conference room hours) $30.00 for each additional 10 - hour block. Business Hours Monday through Friday 8:30 a.m. to 5:00 p.m. For More information please contact: Xxxxx Xxxx at (000) 000-0000 or xxxxx@xxxxx.xxx. Conference Room and Events • The conference room(s) can be reserved by contacting, ~~xxxxxxxxxxxx@xxxxx.xxx. VHSBI requires~~ xxxxxxxxxxxx@xxxxx.xxx and submitting the completed Facility Events ~~application~~form. Once the ~~application~~ form is ~~submitted,~~ submitted your request will be confirmed by email. All special requests should be submitted on the Facility Events application. • Business hours of the facility are 8:30 a.m. until 5:00 p.m. Monday through Friday. The facility is available for rent after those hours with proper authorization by the Executive Director and providing proof of a current Liability insurance certificate naming VHSBI as an additional insured. • The doors are to be securely locked upon your departure. • Tablecloths are available for rent upon request and in writing on the Facility Events application. • Copies can be purchased from the receptionist at a cost of ~~.07~~ .05 per black and white copy and ~~.15~~ .12 per color copy.

Appears in 2 contracts

Samples: Affiliate Program Agreement, Affiliate Program Agreement

GUARANTY OF AGREEMENT. FOR VALUE RECEIVED, and in consideration for, and as an inducement to VIRGINIA HIGHLANDS SMALL BUSINESS INCUBATOR, INC. (hereinafter referred to as “VHSBI”), to enter into an Affiliate Program Agreement (the “Agreement”) with , (hereinafter referred to as “Affiliate”) which Agreement, of even date herewith, is incorporated herein by reference, the undersigned absolutely, unconditionally and irrevocably guarantees to VHSBI the full and prompt payment of all fees and all other charges to be paid by Affiliate under the Agreement and the full and timely performance and observance of all covenants, conditions, and agreements therein provided to be performed and observed by Affiliate. The undersigned expressly agrees that the validity of the Guaranty of Agreement and the obligations of the undersigned hereunder shall in no way be terminated, affected, or impaired by reason of (i) any forbearances, releases, settlements or compromises between VHSBI and Affiliate or any other guarantor, by reason of any waiver of or failure to enforce any of the rights and remedies reserved to VHSBI in the Agreement or otherwise, or (ii) the invalidity, illegality or unenforceability of the Agreement for any reason whatsoever, or (iii) as a result of the relief or release of Affiliate or any other guarantor from any of their obligations under the Agreement by operation of law or otherwise, including, without limitation of the generality of the foregoing, the insolvency, bankruptcy, liquidation or dissolution of Affiliate or any other guarantor or the rejection of or assignment of the Agreement in connection with proceedings under any bankruptcy laws now in effect or hereafter enacted, or (iv) the release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation, negligent, willful, unreasonable or unjustifiable impairment) of any collateral securing the Agreement, or (v) any other act or omission of VHSBI or Affiliate which would otherwise constitute or create a legal or equitable defense in favor of the undersigned. The undersigned represents and warrants that the undersigned has a material economic interest in Affiliate and that the execution of this Agreement will be of direct benefit to the undersigned, whether or not the undersigned shall ever use any portion of the premises. In the event of any termination of the Agreement by VHSBI, the undersigned’s liability hereunder shall not be terminated, but the undersigned shall be and remain liable for all damages, costs, expenses and other claims which may arise under the Agreement including reasonable attorney’s fees. If the undersigned shall, directly or indirectly, advance any sums to the Affiliate, such sums and indebtedness shall be subordinate in all respects to the amounts then and thereafter due and owing by the Affiliate under the Agreement. Payment by the undersigned of any amount pursuant to this Guaranty of Agreement shall not in any way entitle the undersigned to any right, title or interest (whether by way of subrogation or otherwise) in and to any of the rights or remedies VHSBI may have against Affiliate, unless and until the full amount owing to VHSBI under the Agreement has been fully paid. The undersigned hereby expressly waives: (i) notice of acceptance of this Guaranty of Agreement and of presentment, demand and protest; (ii) notice of any default hereunder or under the Agreement and of all indulgences; (iii) demand for observance or performance of, or enforcement of, any terms or provisions of this Guaranty of Agreement or the Agreement; and (iv) all other notices and demands otherwise required by law which the undersigned may lawfully waive. The undersigned agrees that in the event this Guaranty of Agreement shall be enforced by suit or otherwise, the undersigned will reimburse VHSBI, upon demand, for all expenses incurred in connection therewith, including, without limitation, reasonable attorney’s fees. The undersigned hereby waives, to the maximum extent permitted by law, all defenses available to a surety, whether the waiver is specifically herein enumerated or not. It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the successors and assigns of VHSBI, and shall be binding upon the respective heirs, executors, administrators, successors and assigns of the undersigned. In the event more than one person or entity executes this Guaranty of Agreement, or counterpart thereof, the liability of such signatories hereunder shall be joint and several. A determination that any provision of this Guaranty of Agreement is unenforceable or invalid shall not affect the enforceability or validity or any other provision and any determination that the application of any provision of this Guaranty of Agreement to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to or any other persons or circumstances. No modification or amendment of this Guaranty of Agreement shall be effective unless executed by the undersigned and consented to by VHSBI in writing, and no cancellation hereof shall be valid unless executed by VHSBI in writing. In the event it shall be asserted that Affiliate’s obligations are void and voidable due to illegal or unauthorized acts by Affiliate in the execution of the Agreement, the undersigned shall nevertheless be liable hereunder to the same extent as the undersigned would have been if the obligations of the Affiliate had been enforceable against the Affiliate. This Guaranty of Agreement shall be governed by the laws of the Commonwealth of Virginia and may be enforced by action in any court of competent jurisdiction in the state courts of Washington County, Virginia or the federal court in Abingdon, Virginia. EXECUTED as of the day of , 20 . Item Program Fee - $50.00 per month & Internet Access. including your conference room hours) $30.00 for each additional 10 - hour block. ~~Business Hours Monday through Friday 8:30 a.m. to 5:00 p.m.~~ For More information please contact: Xxxxx Xxxx at (000) 000-0000 or xxxxx@xxxxx.xxx. Conference Room and Events • ~~The conference room(s) can be reserved by contacting, xxxxxxxxxxxx@xxxxx.xxx. VHSBI requires~~ Please submit the completed Facility Events ~~application~~application to xxxxxxxxxxxx@xxxxx.xxx. Once the application is submitted, your request will be confirmed by email. All special requests should be ~~submitted~~ noted on the Facility Events application. • Business hours of the facility are 8:30 ~~a.m. until~~ am to 5:00 ~~p.m.~~ pm Monday through Thursday and 8:30 am to 4:30 pm on Friday. ~~The facility is available for rent after hours with proper authorization by~~ • Please securely lock the ~~Executive Director and proof of a current Liability insurance certificate naming VHSBI as an additional insured. • The~~ doors ~~are to be securely locked~~ upon your departure. • Tablecloths are available for rent upon request and in writing on the Facility Events application. • Copies can be purchased from the receptionist at a cost of ~~.07~~ .15 per black and white copy and ~~.15~~ .25 per color copy. • Please submit the caterer’s name and contact information on the Facility Events application. The Caterer must submit a meals tax form to the Town of Abingdon. • All caterers/food providers are encouraged to use the back entrance. • Coffee is available from VHSBI, upon request, at a charge of $3.50 per pot. • We provide the use of an overhead projector in the Xxxx X. Xxxxxx, Xx. (large) conference room and have a TV monitor and a manual projector available for use in the French X. Xxxxx, Xx. (small) conference room. We ask that you ensure the settings are left in working order. If you will be using any technical equipment, we recommend that you test your equipment before the meeting time to ensure equipment compatibility.

Appears in 1 contract

Samples: Affiliate Program Agreement

GUARANTY OF AGREEMENT. FOR VALUE RECEIVED, and in consideration for, and as an inducement to VIRGINIA HIGHLANDS SMALL BUSINESS INCUBATOR, INC. (hereinafter referred to as “VHSBI”), to enter into an Affiliate Program Agreement (the “Agreement”) with , (hereinafter referred to as “Affiliate”) which Agreement, of even date herewith, is incorporated herein by reference, the undersigned absolutely, unconditionally and irrevocably guarantees to VHSBI the full and prompt payment of all fees and all other charges to be paid by Affiliate under the Agreement and the full and timely performance and observance of all covenants, conditions, and agreements therein provided to be performed and observed by Affiliate. The undersigned expressly agrees that the validity of the Guaranty of Agreement and the obligations of the undersigned hereunder shall in no ~~way~~ wise be terminated, affected, or impaired by reason of (i) any forbearances, releases, settlements or compromises between VHSBI and Affiliate or any other guarantor, by reason of any waiver of or failure to enforce any of the rights and remedies reserved to VHSBI in the Agreement or otherwise, or (ii) the invalidity, illegality or unenforceability of the Agreement for any reason whatsoever, or (iii) as a result of the relief or release of Affiliate or any other guarantor from any of their obligations under the Agreement by operation of law or otherwise, including, without limitation of the generality of the foregoing, the insolvency, bankruptcy, liquidation or dissolution of Affiliate or any other guarantor or the rejection of or assignment of the Agreement in connection with proceedings under any bankruptcy laws now in effect or hereafter enacted, or (iv) the release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation, negligent, willful, unreasonable or unjustifiable impairment) of any collateral securing the Agreement, or (v) any other act or omission of VHSBI or Affiliate which would otherwise constitute or create a legal or equitable defense in favor of the undersigned. The undersigned represents and warrants that the undersigned has a material economic interest in Affiliate and that the execution of this Agreement will be of direct benefit to the undersigned, whether or not the undersigned shall ever use any portion of the premises. In the event of any termination of the Agreement by VHSBI, the undersigned’s liability hereunder shall not be terminated, but the undersigned shall be and remain liable for all damages, costs, expenses and other claims which may arise under the Agreement including reasonable attorney’s fees. If the undersigned shall, directly or indirectly, advance any sums to the Affiliate, such sums and indebtedness shall be subordinate in all respects to the amounts then and thereafter due and owing by the Affiliate under the Agreement. Payment by the undersigned of any amount pursuant to this Guaranty of Agreement shall not in any way entitle the undersigned to any right, title or interest (whether by way of subrogation or otherwise) in and to any of the rights or remedies VHSBI may have against Affiliate, unless and until the full amount owing to VHSBI under the Agreement has been fully paid. Wherever reference is made to the liability of Affiliate in the Agreement, such reference shall be deemed likewise to refer to the undersigned, jointly and severally, with Affiliate. The liability of the undersigned for the obligations of the Agreement shall be primary; in any right of action which shall accrue to VHSBI under the Agreement, VHSBI, may, at VHSBI’s option, proceed against the undersigned and/or Affiliate, jointly or severally, and may proceed against the undersigned without having demanded performance of, commenced any action against, exhausted any remedy against or obtained any judgment against Affiliate. This a guaranty of payment and not of collection, and the undersigned hereby waives any obligation on the part of VHSBI to enforce the terms of the Agreement against Affiliate as a condition to VHSBI’s right to proceed against the undersigned hereunder. The undersigned hereby expressly waives: (i) notice of acceptance of this Guaranty of Agreement and of presentment, demand and protest; (ii) notice of any default hereunder or under the Agreement and of all indulgences; (iii) demand for observance or performance of, or enforcement of, any terms or provisions of this Guaranty of Agreement or the Agreement; and (iv) all other notices and demands otherwise required by law which the undersigned may lawfully waive. The undersigned agrees that in the event this Guaranty of Agreement shall be enforced by suit or otherwise, the undersigned will reimburse VHSBI, upon demand, for all expenses incurred in connection therewith, including, without limitation, reasonable attorney’s fees. The undersigned hereby waives, to the maximum extent permitted by law, all defenses available to a surety, whether the waiver is specifically herein enumerated or not. It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the successors and assigns of VHSBI, and shall be binding upon the respective heirs, executors, administrators, successors and assigns of the undersigned. In the event more than one person or entity executes this Guaranty of Agreement, or counterpart thereof, the liability of such signatories hereunder shall be joint and several. A determination that any provision of this Guaranty of Agreement is unenforceable or invalid shall not affect the enforceability or validity or any other provision and any determination that the application of any provision of this Guaranty of Agreement to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to or any other persons or circumstances. No modification or amendment of this Guaranty of Agreement shall be effective unless executed by the undersigned and consented to by VHSBI in writing, and no cancellation hereof shall be valid unless executed by VHSBI in writing. In the event it shall be asserted that Affiliate’s obligations are void and voidable due to illegal or unauthorized acts by Affiliate in the execution of the Agreement, the undersigned shall nevertheless be liable hereunder to the same extent as the undersigned would have been if the obligations of the Affiliate had been enforceable against the Affiliate. This Guaranty of Agreement shall be governed by the laws of the Commonwealth of Virginia and may be enforced by action in any court of competent jurisdiction in the state courts of Washington County, Virginia or the federal court in Abingdon, Virginia. EXECUTED as of the day of , 20 . Item Program Fee - $50.00 per month & Internet Access. including your conference room hours) $30.00 for each additional 10 - hour block. Business Hours Monday through Friday 8:30 a.m. to 5:00 p.m. For More information please contact: Xxxxx Xxxx at (000) 000-0000 or xxxxx@xxxxx.xxx. Conference Room and Events • The conference room(s) can be reserved by contacting, ~~xxxxxxxxxxxx@xxxxx.xxx. VHSBI requires~~ xxxxxxxxxxxx@xxxxx.xxx and submitting the completed Facility Events ~~application~~form. Once the ~~application~~ form is ~~submitted,~~ submitted your request will be confirmed by email. All special requests should be submitted on the Facility Events application. • Business hours of the facility are 8:30 a.m. until 5:00 p.m. Monday through Friday. The facility is available for rent after those hours and on weekends with proper authorization by the Executive ~~Director and proof~~ Director. Weekend renters will be given a onetime code to enter the front door of ~~a current Liability insurance certificate naming VHSBI as an additional insured~~the facility upon completion of the Facility Events application. • The doors are to be securely locked upon your departure. • Tablecloths are available for rent upon request and in writing on the Facility Events application. • Copies can be purchased from the receptionist at a cost of ~~.07~~ .05 per black and white copy and ~~.15~~ .12 per color copy.

Appears in 1 contract

Samples: Affiliate Program Agreement

GUARANTY OF AGREEMENT. FOR VALUE RECEIVED, and in consideration for, and as an inducement to VIRGINIA HIGHLANDS SMALL BUSINESS INCUBATOR, INC. (hereinafter referred to as “VHSBI”), to enter into an ~~Affiliate~~ Co-Working Program Agreement (the “Agreement”) with , (hereinafter referred to as “~~Affiliate~~Co-Working member”) which Agreement, of even date herewith, is incorporated herein by reference, the undersigned absolutely, unconditionally and irrevocably guarantees to VHSBI the full and prompt payment of all fees and all other charges to be paid by ~~Affiliate~~ Co-Working member under the Agreement and the full and timely performance and observance of all covenants, conditions, and agreements therein provided to be performed and observed by ~~Affiliate~~Co-Working member. The undersigned expressly agrees that the validity of the Guaranty of Agreement and the obligations of the undersigned hereunder shall in no ~~way~~ wise be terminated, affected, or impaired by reason of (i) any forbearances, releases, settlements or compromises between VHSBI and ~~Affiliate~~ Co-Working member or any other guarantor, by reason of any waiver of or failure to enforce any of the rights and remedies reserved to VHSBI in the Agreement or otherwise, or (ii) the invalidity, illegality or unenforceability of the Agreement for any reason whatsoever, or (iii) as a result of the relief or release of ~~Affiliate~~ Co-Working member or any other guarantor from any of their obligations under the Agreement by operation of law or otherwise, including, without limitation of the generality of the foregoing, the insolvency, bankruptcy, liquidation or dissolution of ~~Affiliate~~ Co-Working member or any other guarantor or the rejection of or assignment of the Agreement in connection with proceedings under any bankruptcy laws now in effect or hereafter enacted, or (iv) the release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation, negligent, willful, unreasonable or unjustifiable impairment) of any collateral securing the Agreement, or (v) any other act or omission of VHSBI or ~~Affiliate~~ Co-Working member which would otherwise constitute or create a legal or equitable defense in favor of the undersigned. The undersigned represents and warrants that the undersigned has a material economic interest in ~~Affiliate~~ Co- Working member and that the execution of this Agreement will be of direct benefit to the undersigned, whether or not the undersigned shall ever use any portion of the premises. In the event of any termination of the Agreement by VHSBI, the undersigned’s liability hereunder shall not be terminated, but the undersigned shall be and remain liable for all damages, costs, expenses and other claims which may arise under the Agreement including reasonable attorney’s fees. If the undersigned shall, directly or indirectly, advance any sums to the ~~Affiliate~~Co-Working member, such sums and indebtedness shall be subordinate in all respects to the amounts then and thereafter due and owing by the ~~Affiliate~~ Co-Working member under the Agreement. Payment by the undersigned of any amount pursuant to this Guaranty of Agreement shall not in any way entitle the undersigned to any right, title or interest (whether by way of subrogation or otherwise) in and to any of the rights or remedies VHSBI may have against ~~Affiliate~~Co-Working member, unless and until the full amount owing to VHSBI under the Agreement has been fully paid. Wherever reference is made to the liability of Co-Working member in the Agreement, such reference shall be deemed likewise to refer to the undersigned, jointly and severally, with Co-Working member. The liability of the undersigned for the obligations of the Agreement shall be primary; in any right of action which shall accrue to VHSBI under the Agreement, VHSBI, may, at VHSBI’s option, proceed against the undersigned and/or Co-Working member, jointly or severally, and may proceed against the undersigned without having demanded performance of, commenced any action against, exhausted any remedy against or obtained any judgment against Co-Working member. This a guaranty of payment and not of collection, and the undersigned hereby waives any obligation on the part of VHSBI to enforce the terms of the Agreement against Co-Working member as a condition to VHSBI’s right to proceed against the undersigned hereunder. The undersigned hereby expressly waives: (i) notice of acceptance of this Guaranty of Agreement and of presentment, demand and protest; (ii) notice of any default hereunder or under the Agreement and of all indulgences; (iii) demand for observance or performance of, or enforcement of, any terms or provisions of this Guaranty of Agreement or the Agreement; and (iv) all other notices and demands otherwise required by law which the undersigned may lawfully waive. The undersigned agrees that in the event this Guaranty of Agreement shall be enforced by suit or otherwise, the undersigned will reimburse VHSBI, upon demand, for all expenses incurred in connection therewith, including, without limitation, reasonable attorney’s fees. The undersigned hereby waives, to the maximum extent permitted by law, all defenses available to a surety, whether the waiver is specifically herein enumerated or not. It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the successors and assigns of VHSBI, and shall be binding upon the respective heirs, executors, administrators, successors and assigns of the undersigned. In the event more than one person or entity executes this Guaranty of Agreement, or counterpart thereof, the liability of such signatories hereunder shall be joint and several. A determination that any provision of this Guaranty of Agreement is unenforceable or invalid shall not affect the enforceability or validity or any other provision and any determination that the application of any provision of this Guaranty of Agreement to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to or any other persons or circumstances. No modification or amendment of this Guaranty of Agreement shall be effective unless executed by the undersigned and consented to by VHSBI in writing, and no cancellation hereof shall be valid unless executed by VHSBI in writing. In the event it shall be asserted that ~~Affiliate’s~~ Co-working members obligations are void and voidable due to illegal or unauthorized acts by ~~Affiliate~~ Co-Working member in the execution of the Agreement, the undersigned shall nevertheless be liable hereunder to the same extent as the undersigned would have been if the obligations of the ~~Affiliate~~ Co-Working Member had been enforceable against the ~~Affiliate~~Co-Working member. This Guaranty of Agreement shall be governed by the laws of the Commonwealth of Virginia and may be enforced by action in any court of competent jurisdiction in the state courts of Washington County, Virginia or the federal court in Abingdon, Virginia. EXECUTED as of the day of , 20 2014. Item Program Fee - $50.00 per month & Internet Access. including your conference room hours) $30.00 for each additional 10 - hour block. Business Hours Monday through Friday 8:30 a.m. to 5:00 p.m. For More information please contact: Xxxxx Xxxx at (000) 000Use of kitchen Free Coffee Free Wi-~~0000 or xxxxx@xxxxx.xxx.~~ Fi Conference Room and Events •  The conference room(s) can be reserved by contacting, ~~xxxxxxxxxxxx@xxxxx.xxx. VHSBI requires~~ xxxxxxxxxxxx@xxxxx.xxx and submitting the completed Facility Events ~~application~~form. Once the ~~application~~ form is ~~submitted,~~ submitted your request will be confirmed by email. All special requests should be submitted on the Facility Events application. •  Business hours of the facility are ~~8:30~~ 8:00 a.m. until ~~5:00~~ 4:30 p.m. Monday through Friday. The facility is available for rent after those hours and on weekends with proper authorization by the Executive ~~Director~~ Director. Evening and ~~proof~~ Weekend renters will be given a onetime code to enter the front door of ~~a current Liability insurance certificate naming VHSBI as an additional insured~~the facility upon completion of the Facility Events application. •  The doors are to be securely locked upon your departure. •  Tablecloths are available for rent upon request and in writing on the Facility Events application. •  Copies can be purchased from the receptionist at a cost of ~~.07~~ .05 per black and white copy and ~~.15~~ .12 per color copy.

Appears in 1 contract

Samples: Co Working Agreement

GUARANTY OF AGREEMENT. FOR VALUE RECEIVED, and in consideration for, and as an inducement to VIRGINIA HIGHLANDS SMALL BUSINESS INCUBATOR, INC. (hereinafter referred to as “VHSBI”), to enter into an ~~Affiliate~~ Co-Working Program Agreement (the “Agreement”) with , (hereinafter referred to as “~~Affiliate~~Co-Working member”) which Agreement, of even date herewith, is incorporated herein by reference, the undersigned absolutely, unconditionally and irrevocably guarantees to VHSBI the full and prompt payment of all fees and all other charges to be paid by ~~Affiliate~~ Co-Working member under the Agreement and the full and timely performance and observance of all covenants, conditions, and agreements therein provided to be performed and observed by ~~Affiliate~~Co-Working member. The undersigned expressly agrees that the validity of the Guaranty of Agreement and the obligations of the undersigned hereunder shall in no way be terminated, affected, or impaired by reason of (i) any forbearances, releases, settlements or compromises between VHSBI and ~~Affiliate~~ Co-Working member or any other guarantor, by reason of any waiver of or failure to enforce any of the rights and remedies reserved to VHSBI in the Agreement or otherwise, or (ii) the invalidity, illegality or unenforceability of the Agreement for any reason whatsoever, or (iii) as a result of the relief or release of ~~Affiliate~~ Co-Working member or any other guarantor from any of their obligations under the Agreement by operation of law or otherwise, including, without limitation of the generality of the foregoing, the insolvency, bankruptcy, liquidation or dissolution of ~~Affiliate~~ Co-Working member or any other guarantor or the rejection of or assignment of the Agreement in connection with proceedings under any bankruptcy laws now in effect or hereafter enacted, or (iv) the release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation, negligent, willful, unreasonable or unjustifiable impairment) of any collateral securing the Agreement, or (v) any other act or omission of VHSBI or ~~Affiliate~~ Co-Working member which would otherwise constitute or create a legal or equitable defense in favor of the undersigned. The undersigned represents and warrants that the undersigned has a material economic interest in ~~Affiliate~~ Co- Working member and that the execution of this Agreement will be of direct benefit to the undersigned, whether or not the undersigned shall ever use any portion of the premises. In the event of any termination of the Agreement by VHSBI, the undersigned’s liability hereunder shall not be terminated, but the undersigned shall be and remain liable for all damages, costs, expenses and other claims which may arise under the Agreement including reasonable attorney’s fees. If the undersigned shall, directly or indirectly, advance any sums to the ~~Affiliate~~Co-Working member, such sums and indebtedness shall be subordinate in all respects to the amounts then and thereafter due and owing by the ~~Affiliate~~ Co-Working member under the Agreement. Payment by the undersigned of any amount pursuant to this Guaranty of Agreement shall not in any way entitle the undersigned to any right, title or interest (whether by way of subrogation or otherwise) in and to any of the rights or remedies VHSBI may have against ~~Affiliate~~Co-Working member, unless and until the full amount owing to VHSBI under the Agreement has been fully paid. Wherever reference is made to the liability of Co-Working member in the Agreement, such reference shall be deemed likewise to refer to the undersigned, jointly and severally, with Co-Working member. The liability of the undersigned for the obligations of the Agreement shall be primary; in any right of action which shall accrue to VHSBI under the Agreement, VHSBI, may, at VHSBI’s option, proceed against the undersigned and/or Co-Working member, jointly or severally, and may proceed against the undersigned without having demanded performance of, commenced any action against, exhausted any remedy against or obtained any judgment against Co-Working member. This a guaranty of payment and not of collection, and the undersigned hereby waives any obligation on the part of VHSBI to enforce the terms of the Agreement against Co-Working member as a condition to VHSBI’s right to proceed against the undersigned hereunder. The undersigned hereby expressly waives: (i) notice of acceptance of this Guaranty of Agreement and of presentment, demand and protest; (ii) notice of any default hereunder or under the Agreement and of all indulgences; (iii) demand for observance or performance of, or enforcement of, any terms or provisions of this Guaranty of Agreement or the Agreement; and (iv) all other notices and demands otherwise required by law which the undersigned may lawfully waive. The undersigned agrees that in the event this Guaranty of Agreement shall be enforced by suit or otherwise, the undersigned will reimburse VHSBI, upon demand, for all expenses incurred in connection therewith, including, without limitation, reasonable attorney’s fees. The undersigned hereby waives, to the maximum extent permitted by law, all defenses available to a surety, whether the waiver is specifically herein enumerated or not. It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the successors and assigns of VHSBI, and shall be binding upon the respective heirs, executors, administrators, successors and assigns of the undersigned. In the event more than one person or entity executes this Guaranty of Agreement, or counterpart thereof, the liability of such signatories hereunder shall be joint and several. A determination that any provision of this Guaranty of Agreement is unenforceable or invalid shall not affect the enforceability or validity or any other provision and any determination that the application of any provision of this Guaranty of Agreement to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to or any other persons or circumstances. No modification or amendment of this Guaranty of Agreement shall be effective unless executed by the undersigned and consented to by VHSBI in writing, and no cancellation hereof shall be valid unless executed by VHSBI in writing. In the event it shall be asserted that ~~Affiliate’s~~ Co-working members obligations are void and voidable due to illegal or unauthorized acts by ~~Affiliate~~ Co-Working member in the execution of the Agreement, the undersigned shall nevertheless be liable hereunder to the same extent as the undersigned would have been if the obligations of the ~~Affiliate~~ Co-Working Member had been enforceable against the ~~Affiliate~~Co-Working member. This Guaranty of Agreement shall be governed by the laws of the Commonwealth of Virginia and may be enforced by action in any court of competent jurisdiction in the state courts of Washington County, Virginia or the federal court in Abingdon, Virginia. EXECUTED as of the day of , 20 . ~~Item Program Fee - $50.00 per month & Internet Access~~Insurance is required if renting before or after business hours listed above. including your conference room hours) $30.00 for each additional 10 - hour block. Business Hours Monday through Friday 8:30 a.m. to 5:00 p.m. For More information please contact: Xxxxx Xxxx at (000) 000Use of kitchen Free Coffee Free Wi-~~0000 or xxxxx@xxxxx.xxx.~~ Fi Conference Room and Events • The conference room(s) can be reserved by contacting, ~~xxxxxxxxxxxx@xxxxx.xxx. VHSBI requires~~ xxxxxxxxxxxx@xxxxx.xxx and submitting the completed Facility Events ~~application~~form. Once the ~~application~~ form is ~~submitted,~~ submitted your request will be confirmed by email. All special requests should be submitted on the Facility Events application. • Business hours of the facility are 8:30 a.m. until 5:00 p.m. Monday through Friday. The facility is available for rent after those hours with proper authorization by the Executive Director and ~~proof of~~ a current Liability ~~insurance certificate~~ Insurance Certificate naming VHSBI as ~~an additional insured~~a certificate holder must be on file at VHSBI. Evening renters will be given a one-time code to enter the front door of the facility upon completion of the Facility Events application. • The doors are to be securely locked upon your departure. • Tablecloths are available for rent upon request and in writing on the Facility Events application. • Copies can be purchased from the receptionist at a cost of ~~.07~~ .05 per black and white copy and ~~.15~~ .12 per color copy.

Appears in 1 contract

Samples: Co Working Agreement

GUARANTY OF AGREEMENT. FOR VALUE RECEIVED, and in consideration for, and as an inducement to VIRGINIA HIGHLANDS SMALL BUSINESS INCUBATOR, INC. (hereinafter referred to as “VHSBI”), to enter into an Affiliate Program Agreement (the “Agreement”) with , (hereinafter referred to as “Affiliate”) which Agreement, of even date herewith, is incorporated herein by reference, the undersigned absolutely, unconditionally and irrevocably guarantees to VHSBI the full and prompt payment of all fees and all other charges to be paid by Affiliate under the Agreement and the full and timely performance and observance of all covenants, conditions, and agreements therein provided to be performed and observed by Affiliate. The undersigned expressly agrees that the validity of the Guaranty of Agreement and the obligations of the undersigned hereunder shall in no way be terminated, affected, or impaired by reason of (i) any forbearances, releases, settlements or compromises between VHSBI and Affiliate or any other guarantor, by reason of any waiver of or failure to enforce any of the rights and remedies reserved to VHSBI in the Agreement or otherwise, or (ii) the invalidity, illegality or unenforceability of the Agreement for any reason whatsoever, or (iii) as a result of the relief or release of Affiliate or any other guarantor from any of their obligations under the Agreement by operation of law or otherwise, including, without limitation of the generality of the foregoing, the insolvency, bankruptcy, liquidation or dissolution of Affiliate or any other guarantor or the rejection of or assignment of the Agreement in connection with proceedings under any bankruptcy laws now in effect or hereafter enacted, or (iv) the release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation, negligent, willful, unreasonable or unjustifiable impairment) of any collateral securing the Agreement, or (v) any other act or omission of VHSBI or Affiliate which would otherwise constitute or create a legal or equitable defense in favor of the undersigned. The undersigned represents and warrants that the undersigned has a material economic interest in Affiliate and that the execution of this Agreement will be of direct benefit to the undersigned, whether or not the undersigned shall ever use any portion of the premises. In the event of any termination of the Agreement by VHSBI, the undersigned’s liability hereunder shall not be terminated, but the undersigned shall be and remain liable for all damages, costs, expenses and other claims which may arise under the Agreement including reasonable attorney’s fees. If the undersigned shall, directly or indirectly, advance any sums to the Affiliate, such sums and indebtedness shall be subordinate in all respects to the amounts then and thereafter due and owing by the Affiliate under the Agreement. Payment by the undersigned of any amount pursuant to this Guaranty of Agreement shall not in any way entitle the undersigned to any right, title or interest (whether by way of subrogation or otherwise) in and to any of the rights or remedies VHSBI may have against Affiliate, unless and until the full amount owing to VHSBI under the Agreement has been fully paid. The undersigned hereby expressly waives: (i) notice of acceptance of this Guaranty of Agreement and of presentment, demand and protest; (ii) notice of any default hereunder or under the Agreement and of all indulgences; (iii) demand for observance or performance of, or enforcement of, any terms or provisions of this Guaranty of Agreement or the Agreement; and (iv) all other notices and demands otherwise required by law which the undersigned may lawfully waive. The undersigned agrees that in the event this Guaranty of Agreement shall be enforced by suit or otherwise, the undersigned will reimburse VHSBI, upon demand, for all expenses incurred in connection therewith, including, without limitation, reasonable attorney’s fees. The undersigned hereby waives, to the maximum extent permitted by law, all defenses available to a surety, whether the waiver is specifically herein enumerated or not. It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the successors and assigns of VHSBI, and shall be binding upon the respective heirs, executors, administrators, successors and assigns of the undersigned. In the event more than one person or entity executes this Guaranty of Agreement, or counterpart thereof, the liability of such signatories hereunder shall be joint and several. A determination that any provision of this Guaranty of Agreement is unenforceable or invalid shall not affect the enforceability or validity or any other provision and any determination that the application of any provision of this Guaranty of Agreement to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to or any other persons or circumstances. No modification or amendment of this Guaranty of Agreement shall be effective unless executed by the undersigned and consented to by VHSBI in writing, and no cancellation hereof shall be valid unless executed by VHSBI in writing. In the event it shall be asserted that Affiliate’s obligations are void and voidable due to illegal or unauthorized acts by Affiliate in the execution of the Agreement, the undersigned shall nevertheless be liable hereunder to the same extent as the undersigned would have been if the obligations of the Affiliate had been enforceable against the Affiliate. This Guaranty of Agreement shall be governed by the laws of the Commonwealth of Virginia and may be enforced by action in any court of competent jurisdiction in the state courts of Washington County, Virginia or the federal court in Abingdon, Virginia. EXECUTED as of the day of , 20 . Item Program Fee - $50.00 per month & Internet Access. including your conference room hours) $30.00 for each additional 10 - hour block. Business Hours Monday through Friday 8:30 a.m. to 5:00 p.m. For More information please contact: Xxxxx Xxxx at (000) 000-0000 or xxxxx@xxxxx.xxx. Conference Room and Events • The conference room(s) can be reserved by contacting, ~~xxxxxxxxxxxx@xxxxx.xxx. VHSBI requires~~ xxxxxxxxxxxx@xxxxx.xxx and submitting the completed Facility Events ~~application~~form. Once the ~~application~~ form is ~~submitted,~~ submitted your request will be confirmed by email. All special requests should be submitted on the Facility Events application. • Business hours of the facility are 8:30 a.m. until 5:00 p.m. Monday through Friday. The facility is available for rent after those hours and on weekends with proper authorization by the Executive ~~Director and proof~~ Director. Weekend renters will be given a onetime code to enter the front door of ~~a current Liability insurance certificate naming VHSBI as an additional insured~~the facility upon completion of the Facility Events application. • The doors are to be securely locked upon your departure. • Tablecloths are available for rent upon request and in writing on the Facility Events application. • Copies can be purchased from the receptionist at a cost of ~~.07~~ .05 per black and white copy and ~~.15~~ .12 per color copy.

Appears in 1 contract

Samples: Affiliate Program Agreement

GUARANTY OF AGREEMENT. FOR VALUE RECEIVED, and in consideration for, and as an inducement to VIRGINIA HIGHLANDS SMALL BUSINESS INCUBATOR, INC. (hereinafter referred to as “VHSBI”), to enter into an ~~Affiliate~~ Co-Working Program Agreement (the “Agreement”) with , (hereinafter referred to as “~~Affiliate~~Co-Working member”) which Agreement, of even date herewith, is incorporated herein by reference, the undersigned absolutely, unconditionally and irrevocably guarantees to VHSBI the full and prompt payment of all fees and all other charges to be paid by ~~Affiliate~~ Co-Working member under the Agreement and the full and timely performance and observance of all covenants, conditions, and agreements therein provided to be performed and observed by ~~Affiliate~~Co-Working member. The undersigned expressly agrees that the validity of the Guaranty of Agreement and the obligations of the undersigned hereunder shall in no way be terminated, affected, or impaired by reason of (i) any forbearances, releases, settlements or compromises between VHSBI and ~~Affiliate~~ Co-Working member or any other guarantor, by reason of any waiver of or failure to enforce any of the rights and remedies reserved to VHSBI in the Agreement or otherwise, or (ii) the invalidity, illegality or unenforceability of the Agreement for any reason whatsoever, or (iii) as a result of the relief or release of ~~Affiliate~~ Co-Working member or any other guarantor from any of their obligations under the Agreement by operation of law or otherwise, including, without limitation of the generality of the foregoing, the insolvency, bankruptcy, liquidation or dissolution of ~~Affiliate~~ Co-Working member or any other guarantor or the rejection of or assignment of the Agreement in connection with proceedings under any bankruptcy laws now in effect or hereafter enacted, or (iv) the release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation, negligent, willful, unreasonable or unjustifiable impairment) of any collateral securing the Agreement, or (v) any other act or omission of VHSBI or ~~Affiliate~~ Co-Working member which would otherwise constitute or create a legal or equitable defense in favor of the undersigned. The undersigned represents and warrants that the undersigned has a material economic interest in ~~Affiliate~~ Co- Working member and that the execution of this Agreement will be of direct benefit to the undersigned, whether or not the undersigned shall ever use any portion of the premises. In the event of any termination of the Agreement by VHSBI, the undersigned’s liability hereunder shall not be terminated, but the undersigned shall be and remain liable for all damages, costs, expenses and other claims which may arise under the Agreement including reasonable attorney’s fees. If the undersigned shall, directly or indirectly, advance any sums to the ~~Affiliate~~Co-Working member, such sums and indebtedness shall be subordinate in all respects to the amounts then and thereafter due and owing by the ~~Affiliate~~ Co-Working member under the Agreement. Payment by the undersigned of any amount pursuant to this Guaranty of Agreement shall not in any way entitle the undersigned to any right, title or interest (whether by way of subrogation or otherwise) in and to any of the rights or remedies VHSBI may have against ~~Affiliate~~Co-Working member, unless and until the full amount owing to VHSBI under the Agreement has been fully paid. Wherever reference is made to the liability of Co-Working member in the Agreement, such reference shall be deemed likewise to refer to the undersigned, jointly and severally, with Co-Working member. The liability of the undersigned for the obligations of the Agreement shall be primary; in any right of action which shall accrue to VHSBI under the Agreement, VHSBI, may, at VHSBI’s option, proceed against the undersigned and/or Co-Working member, jointly or severally, and may proceed against the undersigned without having demanded performance of, commenced any action against, exhausted any remedy against or obtained any judgment against Co-Working member. This a guaranty of payment and not of collection, and the undersigned hereby waives any obligation on the part of VHSBI to enforce the terms of the Agreement against Co-Working member as a condition to VHSBI’s right to proceed against the undersigned hereunder. The undersigned hereby expressly waives: (i) notice of acceptance of this Guaranty of Agreement and of presentment, demand and protest; (ii) notice of any default hereunder or under the Agreement and of all indulgences; (iii) demand for observance or performance of, or enforcement of, any terms or provisions of this Guaranty of Agreement or the Agreement; and (iv) all other notices and demands otherwise required by law which the undersigned may lawfully waive. The undersigned agrees that in the event this Guaranty of Agreement shall be enforced by suit or otherwise, the undersigned will reimburse VHSBI, upon demand, for all expenses incurred in connection therewith, including, without limitation, reasonable attorney’s fees. The undersigned hereby waives, to the maximum extent permitted by law, all defenses available to a surety, whether the waiver is specifically herein enumerated or not. It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the successors and assigns of VHSBI, and shall be binding upon the respective heirs, executors, administrators, successors and assigns of the undersigned. In the event more than one person or entity executes this Guaranty of Agreement, or counterpart thereof, the liability of such signatories hereunder shall be joint and several. A determination that any provision of this Guaranty of Agreement is unenforceable or invalid shall not affect the enforceability or validity or any other provision and any determination that the application of any provision of this Guaranty of Agreement to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to or any other persons or circumstances. No modification or amendment of this Guaranty of Agreement shall be effective unless executed by the undersigned and consented to by VHSBI in writing, and no cancellation hereof shall be valid unless executed by VHSBI in writing. In the event it shall be asserted that ~~Affiliate’s~~ Co-working members obligations are void and voidable due to illegal or unauthorized acts by ~~Affiliate~~ Co-Working member in the execution of the Agreement, the undersigned shall nevertheless be liable hereunder to the same extent as the undersigned would have been if the obligations of the ~~Affiliate~~ Co-Working Member had been enforceable against the ~~Affiliate~~Co-Working member. This Guaranty of Agreement shall be governed by the laws of the Commonwealth of Virginia and may be enforced by action in any court of competent jurisdiction in the state courts of Washington County, Virginia or the federal court in Abingdon, Virginia. EXECUTED as of the day of , 20 . ~~Item Program Fee - $50.00 per month & Internet Access~~Insurance is required if renting before or after business hours listed above. including your conference room hours) $30.00 for each additional 10 - hour block. Business Hours Monday through Friday 8:30 a.m. to 5:00 p.m. For More information please contact: Xxxxx Xxxx at (000) 000Use of kitchen Free Coffee Free Wi-~~0000 or xxxxx@xxxxx.xxx.~~ Fi Conference Room and Events • The conference room(s) can be reserved by contacting, xxxxxxxxxxxx@xxxxx.xxx. VHSBI requires the completed Facility Events application. Once the application is submitted, your request will be confirmed by email. All special requests should be submitted on the Facility Events application. • Business hours of the facility are 8:30 a.m. until 5:00 p.m. Monday through Friday. The facility is available for rent after hours with proper authorization by the Executive Director and proof of a current Liability ~~insurance certificate~~ Insurance Certificate naming VHSBI as an additional insured. • The doors are to be securely locked upon your departure. • Tablecloths are available for rent upon request and in writing on the Facility Events application. • Copies can be purchased from the receptionist at a cost of .07 per black and white copy and .15 per color copy.

Appears in 1 contract

Samples: Co Working Agreement

GUARANTY OF AGREEMENT. FOR VALUE RECEIVED, and in consideration for, and as an inducement to VIRGINIA HIGHLANDS SMALL BUSINESS INCUBATOR, INC. (hereinafter referred to as “VHSBI”), to enter into an Affiliate Program Agreement (the “Agreement”) with , (hereinafter referred to as “Affiliate”) which Agreement, of even date herewith, is incorporated herein by reference, the undersigned absolutely, unconditionally and irrevocably guarantees to VHSBI the full and prompt payment of all fees and all other charges to be paid by Affiliate under the Agreement and the full and timely performance and observance of all covenants, conditions, and agreements therein provided to be performed and observed by Affiliate. The undersigned expressly agrees that the validity of the Guaranty of Agreement and the obligations of the undersigned hereunder shall in no way be terminated, affected, or impaired by reason of (i) any forbearances, releases, settlements or compromises between VHSBI and Affiliate or any other guarantor, by reason of any waiver of or failure to enforce any of the rights and remedies reserved to VHSBI in the Agreement or otherwise, or (ii) the invalidity, illegality or unenforceability of the Agreement for any reason whatsoever, or (iii) as a result of the relief or release of Affiliate or any other guarantor from any of their obligations under the Agreement by operation of law or otherwise, including, without limitation of the generality of the foregoing, the insolvency, bankruptcy, liquidation or dissolution of Affiliate or any other guarantor or the rejection of or assignment of the Agreement in connection with proceedings under any bankruptcy laws now in effect or hereafter enacted, or (iv) the release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation, negligent, willful, unreasonable or unjustifiable impairment) of any collateral securing the Agreement, or (v) any other act or omission of VHSBI or Affiliate which would otherwise constitute or create a legal or equitable defense in favor of the undersigned. The undersigned represents and warrants that the undersigned has a material economic interest in Affiliate and that the execution of this Agreement will be of direct benefit to the undersigned, whether or not the undersigned shall ever use any portion of the premises. In the event of any termination of the Agreement by VHSBI, the undersigned’s liability hereunder shall not be terminated, but the undersigned shall be and remain liable for all damages, costs, expenses and other claims which may arise under the Agreement including reasonable attorney’s fees. If the undersigned shall, directly or indirectly, advance any sums to the Affiliate, such sums and indebtedness shall be subordinate in all respects to the amounts then and thereafter due and owing by the Affiliate under the Agreement. Payment by the undersigned of any amount pursuant to this Guaranty of Agreement shall not in any way entitle the undersigned to any right, title or interest (whether by way of subrogation or otherwise) in and to any of the rights or remedies VHSBI may have against Affiliate, unless and until the full amount owing to VHSBI under the Agreement has been fully paid. The undersigned hereby expressly waives: (i) notice of acceptance of this Guaranty of Agreement and of presentment, demand and protest; (ii) notice of any default hereunder or under the Agreement and of all indulgences; (iii) demand for observance or performance of, or enforcement of, any terms or provisions of this Guaranty of Agreement or the Agreement; and (iv) all other notices and demands otherwise required by law which the undersigned may lawfully waive. The undersigned agrees that in the event this Guaranty of Agreement shall be enforced by suit or otherwise, the undersigned will reimburse VHSBI, upon demand, for all expenses incurred in connection therewith, including, without limitation, reasonable attorney’s fees. The undersigned hereby waives, to the maximum extent permitted by law, all defenses available to a surety, whether the waiver is specifically herein enumerated or not. It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the successors and assigns of VHSBI, and shall be binding upon the respective heirs, executors, administrators, successors and assigns of the undersigned. In the event more than one person or entity executes this Guaranty of Agreement, or counterpart thereof, the liability of such signatories hereunder shall be joint and several. A determination that any provision of this Guaranty of Agreement is unenforceable or invalid shall not affect the enforceability or validity or any other provision and any determination that the application of any provision of this Guaranty of Agreement to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to or any other persons or circumstances. No modification or amendment of this Guaranty of Agreement shall be effective unless executed by the undersigned and consented to by VHSBI in writing, and no cancellation hereof shall be valid unless executed by VHSBI in writing. In the event it shall be asserted that Affiliate’s obligations are void and voidable due to illegal or unauthorized acts by Affiliate in the execution of the Agreement, the undersigned shall nevertheless be liable hereunder to the same extent as the undersigned would have been if the obligations of the Affiliate had been enforceable against the Affiliate. This Guaranty of Agreement shall be governed by the laws of the Commonwealth of Virginia and may be enforced by action in any court of competent jurisdiction in the state courts of Washington County, Virginia or the federal court in Abingdon, Virginia. EXECUTED as of the day of , 20 . Item Program Fee - $50.00 per month & Internet Access. including your conference room hours) $30.00 for each additional 10 - hour block. Business Hours Monday through Friday 8:30 a.m. to 5:00 p.m. For More information please contact: Xxxxx Xxxx at (000) 000-0000 or xxxxx@xxxxx.xxx. Conference Room and Events • ~~The conference room(s) can be reserved by contacting, xxxxxxxxxxxx@xxxxx.xxx. VHSBI requires~~ Please submit the completed Facility Events ~~application~~application to xxxxxxxxxxxx@xxxxx.xxx. Once the application is submitted, your request will be confirmed by email. All special requests should be ~~submitted~~ noted on the Facility Events application. • Business hours of the facility are 8:30 ~~a.m. until~~ am to 5:00 ~~p.m.~~ pm Monday through Thursday and 8:30 am to 4:30 pm on Friday. ~~The facility is available for rent after hours with proper authorization by~~ • Please securely lock the ~~Executive Director and proof of a current Liability insurance certificate naming VHSBI as an additional insured. • The~~ doors ~~are to be securely locked~~ upon your departure. • Tablecloths are available for rent upon request and in writing on the Facility Events application. • Copies can be purchased from the receptionist at a cost of ~~.07~~ .15 per black and white copy and ~~.15~~ .25 per color copy. • Please submit the caterer’s name and contact information on the Facility Events application. The Caterer must submit a meals tax form to the Town of Abingdon. • All caterers/food providers are encouraged to use the back entrance. • Coffee is available from VHSBI, upon request, at a charge of $3.50 per pot. • We provide the use of an overhead projector in the Xxxx X. Xxxxxx, Xx. (large) conference room and have a TV monitor and a manual projector available for use in the French X. Xxxxx, Xx. (small) conference room. We ask that you ensure the settings are left in working order. If you will be using any technical equipment, we recommend that you test your equipment before the meeting time to ensure equipment compatibility.

Appears in 1 contract

Samples: Affiliate Program Agreement

GUARANTY OF AGREEMENT. FOR VALUE RECEIVED, and in consideration for, and as an inducement to VIRGINIA HIGHLANDS SMALL BUSINESS INCUBATOR, INC. (hereinafter referred to as “VHSBI”), to enter into an Affiliate Program Agreement (the “Agreement”) with , (hereinafter referred to as “Affiliate”) which Agreement, of even date herewith, is incorporated herein by reference, the undersigned absolutely, unconditionally and irrevocably guarantees to VHSBI the full and prompt payment of all fees and all other charges to be paid by Affiliate under the Agreement and the full and timely performance and observance of all covenants, conditions, and agreements therein provided to be performed and observed by Affiliate. The undersigned expressly agrees that the validity of the Guaranty of Agreement and the obligations of the undersigned hereunder shall in no way be terminated, affected, or impaired by reason of (i) any forbearances, releases, settlements or compromises between VHSBI and Affiliate or any other guarantor, by reason of any waiver of or failure to enforce any of the rights and remedies reserved to VHSBI in the Agreement or otherwise, or (ii) the invalidity, illegality or unenforceability of the Agreement for any reason whatsoever, or (iii) as a result of the relief or release of Affiliate or any other guarantor from any of their obligations under the Agreement by operation of law or otherwise, including, without limitation of the generality of the foregoing, the insolvency, bankruptcy, liquidation or dissolution of Affiliate or any other guarantor or the rejection of or assignment of the Agreement in connection with proceedings under any bankruptcy laws now in effect or hereafter enacted, or (iv) the release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation, negligent, willful, unreasonable or unjustifiable impairment) of any collateral securing the Agreement, or (v) any other act or omission of VHSBI or Affiliate which would otherwise constitute or create a legal or equitable defense in favor of the undersigned. The undersigned represents and warrants that the undersigned has a material economic interest in Affiliate and that the execution of this Agreement will be of direct benefit to the undersigned, whether or not the undersigned shall ever use any portion of the premises. In the event of any termination of the Agreement by VHSBI, the undersigned’s liability hereunder shall not be terminated, but the undersigned shall be and remain liable for all damages, costs, expenses and other claims which may arise under the Agreement including reasonable attorney’s fees. If the undersigned shall, directly or indirectly, advance any sums to the Affiliate, such sums and indebtedness shall be subordinate in all respects to the amounts then and thereafter due and owing by the Affiliate under the Agreement. Payment by the undersigned of any amount pursuant to this Guaranty of Agreement shall not in any way entitle the undersigned to any right, title or interest (whether by way of subrogation or otherwise) in and to any of the rights or remedies VHSBI may have against Affiliate, unless and until the full amount owing to VHSBI under the Agreement has been fully paid. The undersigned hereby expressly waives: (i) notice of acceptance of this Guaranty of Agreement and of presentment, demand and protest; (ii) notice of any default hereunder or under the Agreement and of all indulgences; (iii) demand for observance or performance of, or enforcement of, any terms or provisions of this Guaranty of Agreement or the Agreement; and (iv) all other notices and demands otherwise required by law which the undersigned may lawfully waive. The undersigned agrees that in the event this Guaranty of Agreement shall be enforced by suit or otherwise, the undersigned will reimburse VHSBI, upon demand, for all expenses incurred in connection therewith, including, without limitation, reasonable attorney’s fees. The undersigned hereby waives, to the maximum extent permitted by law, all defenses available to a surety, whether the waiver is specifically herein enumerated or not. It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the successors and assigns of VHSBI, and shall be binding upon the respective heirs, executors, administrators, successors and assigns of the undersigned. In the event more than one person or entity executes this Guaranty of Agreement, or counterpart thereof, the liability of such signatories hereunder shall be joint and several. A determination that any provision of this Guaranty of Agreement is unenforceable or invalid shall not affect the enforceability or validity or any other provision and any determination that the application of any provision of this Guaranty of Agreement to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to or any other persons or circumstances. No modification or amendment of this Guaranty of Agreement shall be effective unless executed by the undersigned and consented to by VHSBI in writing, and no cancellation hereof shall be valid unless executed by VHSBI in writing. In the event it shall be asserted that Affiliate’s obligations are void and voidable due to illegal or unauthorized acts by Affiliate in the execution of the Agreement, the undersigned shall nevertheless be liable hereunder to the same extent as the undersigned would have been if the obligations of the Affiliate had been enforceable against the Affiliate. This Guaranty of Agreement shall be governed by the laws of the Commonwealth of Virginia and may be enforced by action in any court of competent jurisdiction in the state courts of Washington County, Virginia or the federal court in Abingdon, Virginia. EXECUTED as of the day of , 20 . Item Program Fee - $50.00 per month & Internet Access. including your conference room hours) $30.00 for each additional 10 - hour block. Business Hours Monday through Friday 8:30 a.m. to 5:00 p.m. For More information please contact: Xxxxx Xxxx at (000) 000-0000 or xxxxx@xxxxx.xxx. Conference Room and Events •  The conference room(s) can be reserved by contacting, ~~xxxxxxxxxxxx@xxxxx.xxx. VHSBI requires~~ xxxxxxxxxxxx@xxxxx.xxx and submitting the completed Facility Events ~~application~~form. Once the ~~application~~ form is ~~submitted,~~ submitted your request will be confirmed by email. All special requests should be submitted on the Facility Events application. •  Business hours of the facility are 8:30 a.m. until 5:00 p.m. Monday through Friday. The facility is available for rent after those hours with proper authorization by the Executive Director and providing proof of a current Liability insurance certificate naming VHSBI as an additional insured. •  The doors are to be securely locked upon your departure. •  Tablecloths are available for rent upon request and in writing on the Facility Events application. •  Copies can be purchased from the receptionist at a cost of ~~.07~~ .05 per black and white copy and ~~.15~~ .12 per color copy.

Appears in 1 contract

Samples: Affiliate Program Agreement

GUARANTY OF AGREEMENT. FOR VALUE RECEIVED, and in consideration for, and as an inducement to VIRGINIA HIGHLANDS SMALL BUSINESS INCUBATOR, INC. (hereinafter referred to as “VHSBI”), to enter into an ~~Affiliate~~ Co-Working Program Agreement (the “Agreement”) with , (hereinafter referred to as “~~Affiliate~~Co-Working member”) which Agreement, of even date herewith, is incorporated herein by reference, the undersigned absolutely, unconditionally and irrevocably guarantees to VHSBI the full and prompt payment of all fees and all other charges to be paid by ~~Affiliate~~ Co-Working member under the Agreement and the full and timely performance and observance of all covenants, conditions, and agreements therein provided to be performed and observed by ~~Affiliate~~Co-Working member. The undersigned expressly agrees that the validity of the Guaranty of Agreement and the obligations of the undersigned hereunder shall in no way be terminated, affected, or impaired by reason of (i) any forbearances, releases, settlements or compromises between VHSBI and ~~Affiliate~~ Co-Working member or any other guarantor, by reason of any waiver of or failure to enforce any of the rights and remedies reserved to VHSBI in the Agreement or otherwise, or (ii) the invalidity, illegality or unenforceability of the Agreement for any reason whatsoever, or (iii) as a result of the relief or release of ~~Affiliate~~ Co-Working member or any other guarantor from any of their obligations under the Agreement by operation of law or otherwise, including, without limitation of the generality of the foregoing, the insolvency, bankruptcy, liquidation or dissolution of ~~Affiliate~~ Co-Working member or any other guarantor or the rejection of or assignment of the Agreement in connection with proceedings under any bankruptcy laws now in effect or hereafter enacted, or (iv) the release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation, negligent, willful, unreasonable or unjustifiable impairment) of any collateral securing the Agreement, or (v) any other act or omission of VHSBI or ~~Affiliate~~ Co-Working member which would otherwise constitute or create a legal or equitable defense in favor of the undersigned. The undersigned represents and warrants that the undersigned has a material economic interest in ~~Affiliate~~ Co- Working member and that the execution of this Agreement will be of direct benefit to the undersigned, whether or not the undersigned shall ever use any portion of the premises. In the event of any termination of the Agreement by VHSBI, the undersigned’s liability hereunder shall not be terminated, but the undersigned shall be and remain liable for all damages, costs, expenses and other claims which may arise under the Agreement including reasonable attorney’s fees. If the undersigned shall, directly or indirectly, advance any sums to the ~~Affiliate~~Co-Working member, such sums and indebtedness shall be subordinate in all respects to the amounts then and thereafter due and owing by the ~~Affiliate~~ Co-Working member under the Agreement. Payment by the undersigned of any amount pursuant to this Guaranty of Agreement shall not in any way entitle the undersigned to any right, title or interest (whether by way of subrogation or otherwise) in and to any of the rights or remedies VHSBI may have against ~~Affiliate~~Co-Working member, unless and until the full amount owing to VHSBI under the Agreement has been fully paid. Wherever reference is made to the liability of Co-Working member in the Agreement, such reference shall be deemed likewise to refer to the undersigned, jointly and severally, with Co-Working member. The liability of the undersigned for the obligations of the Agreement shall be primary; in any right of action which shall accrue to VHSBI under the Agreement, VHSBI, may, at VHSBI’s option, proceed against the undersigned and/or Co-Working member, jointly or severally, and may proceed against the undersigned without having demanded performance of, commenced any action against, exhausted any remedy against or obtained any judgment against Co-Working member. This a guaranty of payment and not of collection, and the undersigned hereby waives any obligation on the part of VHSBI to enforce the terms of the Agreement against Co-Working member as a condition to VHSBI’s right to proceed against the undersigned hereunder. The undersigned hereby expressly waives: (i) notice of acceptance of this Guaranty of Agreement and of presentment, demand and protest; (ii) notice of any default hereunder or under the Agreement and of all indulgences; (iii) demand for observance or performance of, or enforcement of, any terms or provisions of this Guaranty of Agreement or the Agreement; and (iv) all other notices and demands otherwise required by law which the undersigned may lawfully waive. The undersigned agrees that in the event this Guaranty of Agreement shall be enforced by suit or otherwise, the undersigned will reimburse VHSBI, upon demand, for all expenses incurred in connection therewith, including, without limitation, reasonable attorney’s fees. The undersigned hereby waives, to the maximum extent permitted by law, all defenses available to a surety, whether the waiver is specifically herein enumerated or not. It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the successors and assigns of VHSBI, and shall be binding upon the respective heirs, executors, administrators, successors and assigns of the undersigned. In the event more than one person or entity executes this Guaranty of Agreement, or counterpart thereof, the liability of such signatories hereunder shall be joint and several. A determination that any provision of this Guaranty of Agreement is unenforceable or invalid shall not affect the enforceability or validity or any other provision and any determination that the application of any provision of this Guaranty of Agreement to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to or any other persons or circumstances. No modification or amendment of this Guaranty of Agreement shall be effective unless executed by the undersigned and consented to by VHSBI in writing, and no cancellation hereof shall be valid unless executed by VHSBI in writing. In the event it shall be asserted that ~~Affiliate’s~~ Co-working members obligations are void and voidable due to illegal or unauthorized acts by ~~Affiliate~~ Co-Working member in the execution of the Agreement, the undersigned shall nevertheless be liable hereunder to the same extent as the undersigned would have been if the obligations of the ~~Affiliate~~ Co-Working Member had been enforceable against the ~~Affiliate~~Co-Working member. This Guaranty of Agreement shall be governed by the laws of the Commonwealth of Virginia and may be enforced by action in any court of competent jurisdiction in the state courts of Washington County, Virginia or the federal court in Abingdon, Virginia. EXECUTED as of the day of , 20 . ~~Item Program Fee - $50.00 per month & Internet Access~~Insurance is required if renting before or after business hours listed above. including your conference room hours) $30.00 for each additional 10 - hour block. Business Hours Monday through Friday 8:30 a.m. to 5:00 p.m. For More information please contact: Xxxxx Xxxx at (000) 000Use of kitchen Free Coffee Free Wi-~~0000 or xxxxx@xxxxx.xxx.~~ Fi Conference Room and Events •  The conference room(s) can be reserved by contacting, ~~xxxxxxxxxxxx@xxxxx.xxx. VHSBI requires~~ xxxxxxxxxxxx@xxxxx.xxx and submitting the completed Facility Events ~~application~~form. Once the ~~application~~ form is ~~submitted,~~ submitted your request will be confirmed by email. All special requests should be submitted on the Facility Events application. •  Business hours of the facility are 8:30 a.m. until 5:00 p.m. Monday through Friday. The facility is available for rent after those hours with proper authorization by the Executive Director and ~~proof of~~ a current Liability ~~insurance certificate~~ Insurance Certificate naming VHSBI as ~~an additional insured~~a certificate holder must be on file at VHSBI. • Evening renters will be given a one-time code to enter the front door of the facility upon completion of the Facility Events application.  The doors are to be securely locked upon your departure. •  Tablecloths are available for rent upon request and in writing on the Facility Events application. •  Copies can be purchased from the receptionist at a cost of ~~.07~~ .05 per black and white copy and ~~.15~~ .12 per color copy.

Appears in 1 contract

Samples: Co Working Agreement

Common use of GUARANTY OF AGREEMENT Clause in Contracts