Liability unaffected by other events. Subject to the terms of this Agreement, the liability of the Guarantor under this clause 8 is not affected by any act, omission or thing which, but for this provision, might in any way operate to release or otherwise exonerate or discharge the Guarantor from any of its obligations including (without limitation) the grant to the Seller or any other person of any time, waiver or other indulgence, or the discharge or release of the Seller or any other person from any obligation.
Liability unaffected by other events. Save as set out in clauses 8.3 and 8.4,the liability of the Vendor's Guarantor under clause 16.1 is not affected by any act, omission or thing which, but for this provision, might in any way operate to release or otherwise exonerate or discharge the Vendor's Guarantor from any of its obligations including (without limitation) the grant to the Vendor or any other person of any time, waiver or other indulgence, or the discharge or release of the Vendor or any other person from any obligation.
Liability unaffected by other events. The liability of Harmony Gold under this clause 16 extends to and is not affected by, any circumstance, act or omission which, but for this provision, might otherwise affect it at law or in equity including, whether with or without the consent of Harmony Gold:
(a) the grant to the Buyer, MCG or the Sale Group Companies of any time, waiver or other indulgence or concession;
(b) either the Seller or Newcrest exercising or refraining from exercising its rights under any security or any other rights, powers or remedies against the Buyer, MCG or the Sale Group Companies;
(c) any failure, omission or delay by the Seller, Newcrest, the Buyer, MCG or the Sale Group Companies to give notice to Harmony Gold of any default by the Buyer, MCG or the Sale Group Companies under this document; and
(d) any legal limitation, disability, incapacity or other circumstances related to the Buyer, MCG or the Sale Group Companies.
Liability unaffected by other events. The liability of the Buyer's Guarantor under this clause 18 extends to and is not affected by, any circumstance, act or omission which, but for this provision, might otherwise affect it at law or in equity including, whether with or without the consent of the Buyer's Guarantor:
(a) the grant to the Buyer or any other person of any time, waiver or other indulgence or concession;
(b) the discharge or release of the Buyer or any other person from any liability or obligation;
(c) any transaction or arrangement that may take place between the Seller and the Buyer or any other person;
(d) any amalgamation, merger or reorganization of the Buyer, in which event the obligations of the Buyer’s Guarantor shall apply to the entity resulting therefrom;
(e) any amalgamation, merger or reorganization of the Buyer’s Guarantor;
(f) any sale, lease or transfer of the assets of the Buyer or the Buyer’s Guarantor;
(g) any change in the ownership of any shares in the capital of the Buyer or the Buyer’s Guarantor;
(h) the occurrence of an insolvency event in relation to the Buyer or any other person;
(i) the Seller exercising or refraining from exercising its rights under any security or any other rights, powers or remedies against the Buyer or any other person;
(j) the amendment, replacement, extinguishment, unenforceability, failure, loss, release, discharge, abandonment or transfer (whether in whole or in part and with or without consideration) of any security now or in the future held by the Seller from the Buyer or any other person or by the taking of or failure to take any security;
(k) any failure, omission or delay by the Seller or the Buyer to give notice to the Buyer's Guarantor of any default by the Buyer or any other person under this document;
(l) this document not having been duly executed by or not being binding upon (whether in whole or in part) the Buyer or any other person; and
(m) any legal limitation, disability, incapacity or other circumstances related to the Buyer or any other person.
Liability unaffected by other events. The liability of Harmony Gold under this clause 17 extends to and is not affected by, any circumstance, act or omission which, but for this provision, might otherwise affect it at law or in equity including, whether with or without the consent of Harmony Gold:
(a) the grant to the Buyer, MCG or the Sale Group Companies of any time, waiver or other indulgence or concession;
(b) the discharge or release of the Buyer, MCG or the Sale Group Companies from any liability or obligation;
(c) any transaction or arrangement that may take place between the parties;
(d) the occurrence of an Insolvency Event in relation to the Buyer, MCG or the Sale Group Companies; 37
(e) either the Seller or Newcrest exercising or refraining from exercising its rights under any security or any other rights, powers or remedies against the Buyer, MCG or the Sale Group Companies;
(f) any failure, omission or delay by the Seller, Newcrest, the Buyer, MCG or the Sale Group Companies to give notice to Harmony Gold of any default by the Buyer, MCG or the Sale Group Companies under this document; and
(g) any legal limitation, disability, incapacity or other circumstances related to the Buyer, MCG or the Sale Group Companies.
Liability unaffected by other events. The liability of LPMA is not affected by anything which, but for this provision, might release, prejudicially affect or discharge that liability or in any way relieve LPMA from any obligation, including any of the following (whether with or without the consent of LPMA):
(a) the grant to Tahmoor or any other person or both of any time, waiver or other indulgence, or the discharge or release of Tahmoor or any other person or both;
(b) any transaction or arrangement that may take place between the Council and Tahmoor or any other person or both;
(c) the liquidation of Tahmoor;
(d) the Council becoming a party to or bound by any compromise, moratorium, assignment of property, scheme of arrangement, composition of debts or scheme of reconstruction by or relating to Tahmoor;
(e) the Council exercising or delaying or refraining from exercising any right, power or remedy given to the Council by Law or by this deed;
(f) the amendment, variation, novation, replacement, rescission, invalidity, extinguishment, repudiation, avoidance, unenforceability, frustration, failure, expiry, determination, loss, release, discharge, abandonment, assignment or transfer, in whole or in part and either with or without consideration, of this deed at any time or of any right, obligation, power or remedy;
(g) the failure by Tahmoor to notify LPMA of any default by Tahmoor under the Planning Agreement;
(h) the Council obtaining a judgment against Tahmoor for the payment of money payable under this deed;
(i) any legal limitation, disability, incapacity or other circumstances relating to Tahmoor, LPMA or any other person or both; and
(j) any change in circumstance (including of a person or in the members or constitution of a partnership), provided that this deed is not invalid, voidable or irrecoverable and is fully enforceable with respect to the Guaranteed Obligations.
Liability unaffected by other events. The liability of Buyer Guarantor under this Clause 6 is not affected by any act, omission or thing which, but for this Clause 6, might in any way operate to release or otherwise exonerate or discharge Buyer Guarantor from any of its obligations including without limitation, the entry into any of the Documents in a form not approved by Buyer Guarantor, the grant to Buyer or any other person of any time, waiver or other indulgence, or the discharge or release of Buyer or any other person from any obligation.
Liability unaffected by other events. The liability of the Guarantor is not affected by anything which might otherwise release, prejudice or discharge that liability or in any way relieve the Guarantor from any obligation including the following (with or without the consent of the Guarantor):
(a) the grant to the Tenant or any other person of any time, waiver or other indulgence;
(b) the release of the Tenant or any other person;
(c) any agreement between the Tenant or any other person and the Landlord;
Liability unaffected by other events. The liability of the Licensee's Guarantor under clause 6.2 is not affected by any act omission or thing which, but for this provision, might in any way operate to release or otherwise exonerate or discharge the Licensee's Guarantor from any of its obligations including (without limitation) the grant to the Licensee or any other person of any time, waiver or other indulgence, or the discharge or release of the Licensee or any other person from any obligation.
Liability unaffected by other events. The liability of the Parent Guarantor under this Clause 35 is not affected by any act, omission or thing that, but for this provision, might in any way operate to release or otherwise exonerate or discharge the Parent Guarantor from any of its obligations including (without limitation) the grant to the Operator or any other person of any time, waiver or other indulgence, or the discharge or release of the Operator or any other person from any obligation.
