Common use of Payment and Performance Guaranty Clause in Contracts

Payment and Performance Guaranty. Xxxxx unconditionally, absolutely, continually and irrevocably guarantees, as principal and not as surety, to HEP Lovington the punctual and complete payment in full when due of all amounts due from Navajo under the Agreement (collectively, the “Navajo Payment Obligations”). Xxxxx agrees that HEP Lovington shall be entitled to enforce directly against Xxxxx any of the Navajo Payment Obligations.

Payment and Performance Guaranty. Xxxxx unconditionally, absolutely, continually and irrevocably guarantees, as principal and not as surety, to HEP Lovington the Partnership Entities the punctual and complete payment in full when due of all amounts due from Navajo Refining under the Agreement (collectively, the “Navajo Refining Payment Obligations”). Xxxxx agrees that HEP Lovington the Partnership Entities shall be entitled to enforce directly against Xxxxx any of the Navajo Refining Payment Obligations.