Independent Liability. The obligations of Guarantor hereunder are independent of the Obligations of Principal. The liability of Guarantor hereunder is independent of any security for or other guaranty of payment received by PG&E in connection with the Agreements and is not affected or impaired by (a) any indebtedness of Principal to PG&E that exceeds Guaranty’s liability hereunder, or (b) any other guaranty as to amounts owed to PG&E by Principal, or (c) any partial payment by Principal or any other party acting under a separate guaranty, or (d) any dissolution, reorganization, or insolvency of Principal, or (e) any payment to PG&E by Principal that PG&E subsequently returns to Principal pursuant to court order in any bankruptcy or other debtor-relief proceeding, or (f) any indemnity agreement Principal may have from any party, or (g) any insurance that may be available to cover any loss. Guarantor waives any right to the deferral or modification of Guarantor’s obligations hereunder by virtue of any such debtor-relief proceeding involving Principal.
Appears in 3 contracts
Samples: Demand Response Purchase Agreement, Demand Response Purchase Agreement, Demand Response Purchase Agreement
Independent Liability. The obligations of Guarantor hereunder are independent of the Obligations of Principal. The Obligations of the Principal shall not be impaired by the limitations on Guarantor’s liabilities hereunder. The liability of Guarantor hereunder is independent of any security for or other guaranty of payment received by PG&E in connection with the Agreements Agreement and is not affected or impaired by (a) any indebtedness of Principal to PG&E that exceeds Guaranty’s liability hereunder, or (b) any other guaranty as to amounts owed to PG&E by Principal, or (cb) any partial payment by Principal or any another party (other party than Principal) acting under a separate guaranty, or (dc) any dissolution, reorganization, or insolvency of Principal, or (ed) any payment to PG&E by Principal that PG&E subsequently returns to Principal pursuant to court order in any bankruptcy or other debtor-debtor relief proceeding, or (fe) any indemnity agreement Principal may have from any party, or (gf) any insurance that may be available to cover any loss. Guarantor waives any right to the deferral or modification of Guarantor’s obligations hereunder by virtue of any such debtor-debtor relief proceeding involving Principal.
Appears in 1 contract
Samples: Power Purchase and Sale Agreement