Outstanding Payments. 6.1 Until all amounts which may be or become payable under the Contract or this guarantee have been irrevocably paid in full, the Guarantor shall not as a result of this guarantee or any payment or performance under this guarantee be subrogated to any right or security of the Authority or claim or prove in competition with the Authority against the Contractor or any other person or demand or accept repayment of any monies or claim any right of contribution, set-off or indemnity and any sums received by the Guarantor or the amount of any set-off exercised by the Guarantor in breach of this provision shall be held by the Guarantor in trust for and shall be promptly paid to the Authority. 6.2 The Guarantor shall not hold any security from the Contractor in respect of this guarantee and any such security which is held in breach of this provision shall be held by the Guarantor in trust for and shall promptly be transferred to the Authority. 6.3 Until all amounts which may be or become payable under the Contract or this guarantee have been irrevocably paid in full, if (notwithstanding the provisions of clause 6.1 and clause 6.2) the Guarantor has any rights of subrogation against the Contractor or any rights to prove in a liquidation of the Contractor, the Guarantor agrees to exercise such rights in accordance with the directions of the Authority.
Appears in 49 contracts
Samples: Provision of Services Agreement, Support Agreement, Provision of Services Agreement
Outstanding Payments. 6.1 Until all amounts which may be or become payable under the Contract or this guarantee have been irrevocably paid in full, the Guarantor shall not as a result of this guarantee or any payment or performance under this guarantee be subrogated to any right or security of the Authority or claim or prove in competition with the Authority against the Contractor or any other person or demand or accept repayment of any monies or claim any right of contribution, set-off or indemnity and any sums received by the Guarantor or the amount of any set-off exercised by the Guarantor in breach default of this provision shall be held by the Guarantor in trust for and shall be promptly paid to the Authority.
6.2 The Guarantor shall not hold any security from the Contractor in respect of this guarantee and any such security which is held in breach default of this provision shall be held by the Guarantor in trust for and shall promptly be transferred to the Authority.
6.3 Until all amounts which may be or become payable under the Contract or this guarantee have been irrevocably paid in full, if (notwithstanding the provisions of clause 6.1 and clause 6.2) the Guarantor has any rights of subrogation against the Contractor or any rights to prove in a liquidation of the Contractor, the Guarantor agrees to exercise such rights in accordance with the directions of the Authority.
Appears in 12 contracts
Samples: Service Agreement, Provision of Gateway to Employment Services, Provision of Services Agreement
Outstanding Payments. 6.1 Until all amounts which may be or become payable under the Contract or this guarantee have been irrevocably paid in full, the Guarantor shall not as a result of this guarantee or any payment or performance under this guarantee be subrogated to any right or security of the Authority or claim or prove in competition with the Authority against the Contractor or any other person or demand or accept repayment of any monies or claim any right of contribution, set-off or indemnity and any sums received by the Guarantor or the amount of any set-off exercised by the Guarantor in breach of this provision shall be held by the Guarantor in trust for and shall be promptly paid to the Authority.
6.2 The Guarantor shall not hold any security from the Contractor in respect of this guarantee and any such security which is held in breach of this provision shall be held by the Guarantor in trust for and shall promptly be transferred to the Authority.
6.3 Until all amounts which may be or become payable under the Contract or this guarantee have been irrevocably paid in full, if (notwithstanding the provisions of clause Clause 6.1 and clause Clause 6.2) the Guarantor has any rights of subrogation against the Contractor or any rights to prove in a liquidation of the Contractor, the Guarantor agrees to exercise such rights in accordance with the directions of the Authority.
Appears in 8 contracts
Samples: Employment Agreement, Contract for the Provision of Services, Residential Training Contract
Outstanding Payments. 6.1 8.1 Until all amounts which may be or become payable under the Contract Agreement or this guarantee have been irrevocably paid in full, the Guarantor shall not as a result of this guarantee or any payment or performance under this guarantee be subrogated to any right or security of the Authority Council or claim or prove in competition with the Authority Council against the Contractor Supplier or any other person or demand or accept repayment of any monies or claim any right of contribution, set-off or indemnity and any sums received by the Guarantor or the amount of any set-off exercised by the Guarantor in breach of this provision shall be held by the Guarantor in trust for and shall be promptly paid to the AuthorityCouncil.
6.2 8.2 The Guarantor shall not hold any security from the Contractor Supplier in respect of this guarantee and any such security which is held in breach of this provision shall be held by the Guarantor in trust for and shall promptly be transferred to the AuthorityCouncil.
6.3 8.3 Until all amounts which may be or become payable under the Contract Agreement or this guarantee have been irrevocably paid in full, if (notwithstanding the provisions of clause 6.1 8.1 and clause 6.28.2) the Guarantor has any rights of subrogation against the Contractor Supplier or any rights to prove in a liquidation of the ContractorSupplier, the Guarantor agrees to exercise such rights in accordance with the directions of the AuthorityCouncil.
Appears in 3 contracts
Samples: Supplier Agreement, Supplier Agreement, Supplier Agreement
Outstanding Payments. 6.1 Until all amounts which may be or become payable under the Contract Agreement or this guarantee have been irrevocably paid in full, the Guarantor shall not as a result of this guarantee or any payment or performance under this guarantee be subrogated to any right or security of the Contracting Authority or claim or prove in competition with the Contracting Authority against the Contractor or any other person or demand or accept repayment of any monies or claim any right of contribution, set-off or indemnity and any sums received by the Guarantor or the amount of any set-off exercised by the Guarantor in breach of this provision shall be held by the Guarantor in trust for and shall be promptly paid to the Contracting Authority.
6.2 The Guarantor shall not hold any security from the Contractor in respect of this guarantee and any such security which is held in breach of this provision shall be held by the Guarantor in trust for and shall promptly be transferred to the Contracting Authority.
6.3 Until all amounts which may be or become payable under the Contract Agreement or this guarantee have been irrevocably paid in full, if (notwithstanding the provisions of clause 6.1 and clause 6.2) the Guarantor has any rights of subrogation against the Contractor or any rights to prove in a liquidation of the Contractor, the Guarantor agrees to exercise such rights in accordance with the directions of the Contracting Authority.
Appears in 2 contracts
Samples: Contract Agreement, Services Agreement
Outstanding Payments.
6.1 Until all amounts which may be or become payable under the Contract or this guarantee have been irrevocably paid in full, the Guarantor shall not as a result of this guarantee or any payment or performance under this guarantee be subrogated to any right or security of the Authority or claim or prove in competition with the Authority against the Contractor or any other person or demand or accept repayment of any monies or claim any right of contribution, set-off or indemnity and any sums received by the Guarantor or the amount of any set-off exercised by the Guarantor in breach of this provision shall be held by the Guarantor in trust for and shall be promptly paid to the Authority.
6.2 The Guarantor shall not hold any security from the Contractor in respect of this guarantee and any such security which is held in breach of this provision shall be held by the Guarantor in trust for and shall promptly be transferred to the Authority.
6.3 Until all amounts which may be or become payable under the Contract or this guarantee have been irrevocably paid in full, if (notwithstanding the provisions of clause 6.1 and clause 6.2) the Guarantor has any rights of subrogation against the Contractor or any rights to prove in a liquidation of the Contractor, the Guarantor agrees to exercise such rights in accordance with the directions of the Authority.
Appears in 2 contracts
Samples: Provision Agreement, Provision of Services Agreement
Outstanding Payments. 6.1 Until all amounts which may be or become payable under the Contract Agreement or this guarantee have been irrevocably paid in full, the Guarantor shall not as a result of this guarantee or any payment or performance under this guarantee be subrogated to any right or security of the Contracting Authority or claim or prove in competition with the Contracting Authority against the Contractor or any other person or demand or accept repayment of any monies or claim any right of contribution, set-off or indemnity and any sums received by the Guarantor or the amount of any set-off exercised by the Guarantor in breach of this provision shall be held by the Guarantor in trust for and shall be promptly paid to the Authority.Contracting Authority.
6.2 The Guarantor shall not hold any security from the Contractor in respect of this guarantee and any such security which is held in breach of this provision shall be held by the Guarantor in trust for and shall promptly be transferred to the Authority.Contracting Authority.
6.3 Until all amounts which may be or become payable under the Contract Agreement or this guarantee have been irrevocably paid in full, if (notwithstanding the provisions of clause 6.1 18.1 and clause 6.218.2) the Guarantor has any rights of subrogation against the Contractor or any rights to prove in a liquidation of the Contractor, the Guarantor agrees to exercise such rights in accordance with the directions of the Contracting Authority.
Appears in 2 contracts
Samples: Services Agreements, Services Agreement
Outstanding Payments. 6.1 8.1 Until all amounts which may be or become payable under the Contract Agreement or this guarantee have been irrevocably paid in full, the Guarantor shall not as a result of this guarantee or any payment or performance under this guarantee be subrogated to any right or security of the Authority Council or claim or prove in competition with the Authority Council against the Contractor Supplier or any other person or demand or accept repayment of any monies or claim any right of contribution, set-off or indemnity and any sums received by the Guarantor or the amount of any set-off exercised by the Guarantor in breach of this provision shall be held by the Guarantor in trust for and shall be promptly paid to the Authority.Council.
6.2 8.2 The Guarantor shall not hold any security from the Contractor Supplier in respect of this guarantee and any such security which is held in breach of this provision shall be held by the Guarantor in trust for and shall promptly be transferred to the Authority.Council.
6.3 8.3 Until all amounts which may be or become payable under the Contract Agreement or this guarantee have been irrevocably paid in full, if (notwithstanding the provisions of clause 6.1 8.1 and clause 6.28.2) the Guarantor has any rights of subrogation against the Contractor Supplier or any rights to prove in a liquidation of the ContractorSupplier, the Guarantor agrees to exercise such rights in accordance with the directions of the AuthorityCouncil.
Appears in 1 contract
Samples: Supplier Agreement
Outstanding Payments. 6.1 Until all amounts which may be or become payable under the Contract Agreement or this guarantee have been irrevocably paid in full, the Guarantor shall not as a result of this guarantee or any payment or performance under this guarantee be subrogated to any right or security of the Contracting Authority or claim or prove in competition with the Contracting Authority against the Contractor Supplier or any other person or demand or accept repayment of any monies or claim any right of contribution, set-off or indemnity and any sums received by the Guarantor or the amount of any set-off exercised by the Guarantor in breach of this provision shall be held by the Guarantor in trust for and shall be promptly paid to the Contracting Authority.
6.2 The Guarantor shall not hold any security from the Contractor Supplier in respect of this guarantee and any such security which is held in breach of this provision shall be held by the Guarantor in trust for and shall promptly be transferred to the Contracting Authority.
6.3 Until all amounts which may be or become payable under the Contract Agreement or this guarantee have been irrevocably paid in full, if (notwithstanding the provisions of clause 6.1 and clause 6.2) the Guarantor has any rights of subrogation against the Contractor Supplier or any rights to prove in a liquidation of the ContractorSupplier, the Guarantor agrees to exercise such rights in accordance with the directions of the Contracting Authority.
Appears in 1 contract
Samples: Parent Company Guarantee
Outstanding Payments. 6.1 Until all amounts which may be or become payable under the Contract Agreement or this guarantee have been irrevocably paid in full, the Guarantor shall not as a result of this guarantee or any payment or performance under this guarantee be subrogated to any right or security of the Authority SRA or claim or prove in competition with the Authority SRA against the Contractor Assessment Supplier or any other person or demand or accept repayment of any monies or claim any right of contribution, set-off or indemnity and any sums received by the Guarantor or the amount of any set-off exercised by the Guarantor in breach of this provision shall be held by the Guarantor in trust for and shall be promptly paid to the AuthoritySRA.
6.2 The Guarantor shall not hold any security from the Contractor Assessment Supplier in respect of this guarantee and any such security which is held in breach of this provision shall be held by the Guarantor in trust for and shall promptly be transferred to the AuthoritySRA.
6.3 Until all amounts which may be or become payable under the Contract Agreement or this guarantee have been irrevocably paid in full, if (notwithstanding the provisions of clause Clause 6.1 and clause Clause 6.2) the Guarantor has any rights of subrogation against the Contractor Assessment Supplier or any rights to prove in a liquidation of the ContractorAssessment Supplier, the Guarantor agrees to exercise such rights in accordance with the directions of the AuthoritySRA.
Appears in 1 contract
Samples: Sqe Services Agreement
Outstanding Payments. 6.1 Until all amounts which may be or become payable under the Contract or this guarantee have been irrevocably paid in full, the Guarantor shall not as a result of this guarantee or any payment or performance under this guarantee be subrogated to any right or security of the Authority or claim or prove in competition with the Authority against the Contractor or any other person or demand or accept repayment of any monies or claim any right of contribution, set-off or indemnity and any sums received by the Guarantor or the amount of any set-off exercised by the Guarantor in breach of this provision shall be held by the Guarantor in trust for and shall be promptly paid to the Authority.
6.2 The Guarantor shall not hold any security from the Contractor in respect of this guarantee and any such security which is held in breach of this provision shall be held by the Guarantor in trust for and shall promptly be transferred to the Authority.
6.3 Until all amounts which may be or become payable under the Contract or this guarantee have been irrevocably paid in full, if (notwithstanding the provisions of clause 6.1 and clause 6.2) the Guarantor has any rights of subrogation against the Contractor or any rights to prove in a liquidation of the Contractor, the Guarantor agrees to exercise such rights in accordance with the directions of the Authority.subrogation
Appears in 1 contract
Samples: Provision of Services Agreement
Outstanding Payments.
6.1 Until all amounts which may be or become payable under the Contract or this guarantee have been irrevocably paid in full, the Guarantor shall not as a result of this guarantee or any payment or performance under this guarantee be subrogated to any right or security of the Authority or claim or prove in competition with the Authority against the Contractor or any other person or demand or accept repayment of any monies or claim any right of contribution, set-off or indemnity and any sums received by the Guarantor or the amount of any set-off exercised by the Guarantor in breach of this provision shall be held by the Guarantor in trust for and shall be promptly paid to the Authority.
6.2 The Guarantor shall not hold any security from the Contractor in respect of this guarantee and any such security which is held in breach of this provision shall be held by the Guarantor in trust for and shall promptly be transferred to the Authority.
6.3 Until all amounts which may be or become payable under the Contract or this guarantee have been irrevocably paid in full, if (notwithstanding the provisions of clause 6.1 and clause 6.2) the Guarantor has any rights of subrogation against the Contractor or any rights to prove in a liquidation of the Contractor, the Guarantor agrees to exercise such rights in accordance with the directions of the Authority.provisions
Appears in 1 contract
Outstanding Payments.
6.1 Until all amounts which may be or become payable under the Contract or this guarantee have been irrevocably paid in full, the Guarantor shall not as a result of this guarantee or any payment or performance under this guarantee be subrogated to any right or security of the Authority or claim or prove in competition with the Authority against the Contractor Provider or any other person or demand or accept repayment of any monies or claim any right of contribution, set-off or indemnity and any sums received by the Guarantor or the amount of any set-off exercised by the Guarantor in breach of this provision shall be held by the Guarantor in trust for and shall be promptly paid to the Authority.
6.2 The Guarantor shall not hold any security from the Contractor Provider in respect of this guarantee and any such security which is held in breach of this provision shall be held by the Guarantor in trust for and shall promptly be transferred to the Authority.
6.3 Until all amounts which may be or become payable under the Contract or this guarantee have been irrevocably paid in full, if (notwithstanding the provisions of clause 6.1 and clause 6.2) the Guarantor has any rights of subrogation against the Contractor Provider or any rights to prove in a liquidation of the ContractorProvider, the Guarantor agrees to exercise such rights in accordance with the directions of the Authority.
Appears in 1 contract
Samples: Call Off Terms and Conditions