Rights of Subrogation. The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have: of subrogation and indemnity; to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause on trust for the Beneficiary.
Appears in 14 contracts
Samples: Framework Agreement, Framework Agreement, Order Form
Rights of Subrogation. The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have: of subrogation and indemnity; to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary’s 's written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause on trust for the Beneficiary.
Appears in 11 contracts
Samples: Government Courier Services Framework Agreement, Framework Agreement, Framework Agreement
Rights of Subrogation. The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have: of subrogation and indemnity; to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause clause on trust for the Beneficiary.
Appears in 10 contracts
Samples: Order Form and Call Off Terms, Order Form and Call Off Terms, Call Off Agreement
Rights of Subrogation. The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have: of subrogation and indemnity; to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause clause on trust for the Beneficiary.
Appears in 7 contracts
Samples: Framework Agreement, Framework Agreement, Framework Agreement
Rights of Subrogation. The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have: :
6.1 of subrogation and indemnity; ;
6.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and and
6.3 to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause clause on trust for the Beneficiary.
Appears in 2 contracts
Samples: Goods and Services Framework Agreement, Goods and Services Framework Agreement
Rights of Subrogation. The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations guaranteed obligations by the Supplier and/or any default by the Guarantor guarantor in the performance of any of its obligations under this Deed of Of Guarantee, exercise any rights it may have: of subrogation and indemnity; to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary’s 's written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause clause on trust for the Beneficiary.
Appears in 1 contract
Samples: Order Form and Call Off Terms
Rights of Subrogation. The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have: :
6.1 of subrogation and indemnity; ;
6.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and and
6.3 to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary’s Beneficiary‟s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause clause on trust for the Beneficiary.
Appears in 1 contract
Samples: Framework Agreement
Rights of Subrogation. The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations guaranteed obligations by the Supplier and/or any default by the Guarantor guarantor in the performance of any of its obligations under this Deed of Of Guarantee, exercise any rights it may have: of subrogation and indemnity; to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and to prove in the liquidation or insolvency of the Supplier, only Only in accordance with the Beneficiary’s 's written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause clause on trust for the Beneficiary.
Appears in 1 contract
Samples: Order Form and Call Off Terms
Rights of Subrogation. The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier Service Provider and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have: of subrogation and indemnity; to take the benefit of, share in or enforce any security or other guarantee or indemnity for the SupplierService Provider's obligations; and to prove in the liquidation or insolvency of the SupplierService Provider, only in accordance with the Beneficiary’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier Service Provider and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause clause on trust for the Beneficiary.
Appears in 1 contract
Samples: Framework Agreement
Rights of Subrogation. The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have: of subrogation and indemnity; to take the benefit of, share in or enforce any security Security or other guarantee or indemnity for the Supplier's obligations; and to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary’s 's written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security Security from the Supplier and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security Security taken in breach of this Clause on trust for the Beneficiary.
Appears in 1 contract