Common use of UNCONDITIONAL AND CONTINUING GUARANTY Clause in Contracts

UNCONDITIONAL AND CONTINUING GUARANTY. The undersigned, individually, in order to induce ELITE to subscribe to the network enabled features of the Elite Property to LICENSEE hereby guarantees to ELITE the performance of the above named LICENSEE and all duties and obligations of LICENSEE including all network subscription fees, rents, monies, damages, expenses, court costs and attorneys’ fees incurred under the terms of this Network License and Monthly Subscription Agreement (“License Agreement”). The undersigned Guarantor consents that the obligation of LICENSEE for the liabilities hereby guaranteed may be renewed, extended, modified, or released, or surrendered, all without affecting the obligations of the undersigned Guarantor. This Guaranty shall be construed as an absolute and unconditional Guaranty of payment and shall continue after the termination or cancellation of said License Agreement until all obligations and payments of LICENSEE are fully satisfied. ELITE may enforce this Guaranty without being obligated to resort first to any security or any other remedy against LICENSEE. Guarantor understands and agrees (s)he is not entitled to and shall not receive any notice on non-payment, non- performance or non-observance nor any proof, notice or demand and Guarantor expressly waives same. This Guaranty is general and shall inure to, and may be relied upon and enforced by, any successor or assign of ELITE. The obligations of Guarantor shall be binding upon Guarantor and their successors and assigns. This Guaranty shall be governed by the laws of the State of Florida and Guarantor waives jury trial in any proceeding relating to said License Agreement or this Guaranty. Exclusive venue for any proceeding relating to said License Agreement or this Guaranty shall be in Alachua County, Florida and Guarantor waives objection to and submits to the personal jurisdiction of the state and federal courts of said location. Guarantor executes this Guaranty in his/her individual and personal capacity and any title or corporate position or agency that may be indicated hereon is to be given no effect. Guarantor represents and warrants that the following information is true and correct, and authorizes the verification of same by reasonable means. Should any of the information provided below change during the life of this Guaranty, then Guarantor agrees to provide that updated information to ELITE in writing. GUARANTOR NAME: SSN# PHYSICAL ADDRESS: DL# MAILING ADDRESS: PH# CITY/STATE/ZIP: DOB

Appears in 2 contracts

Samples: Subscription Agreement, Elite Software Network License

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UNCONDITIONAL AND CONTINUING GUARANTY. The undersigned, individually, in order to induce ELITE to subscribe to the network enabled features of the Elite Property to LICENSEE hereby guarantees to ELITE the performance of the above named LICENSEE and all duties and obligations of LICENSEE including all network subscription fees, rents, monies, damages, expenses, court costs and attorneys’ attorneys‟ fees incurred under the terms of this Network License and Monthly Subscription Agreement (or the terms of any other License and Monthly Subscription Agreement executed by LICENSEE. The License and Monthly Subscription Agreement to which this Guaranty is attached, and any other License and Monthly Subscription Agreements executed by LICENSEE shall be collectively referenced herein as the “License AgreementAgreements). The undersigned Guarantor consents that the obligation of LICENSEE for the liabilities hereby guaranteed may be renewed, extended, modified, or released, or surrendered, all without affecting the obligations of the undersigned Guarantor. This Guaranty shall be construed as an absolute and unconditional Guaranty of payment and shall continue after the termination or cancellation of said License Agreement Agreements until all obligations and payments of LICENSEE are fully satisfied. ELITE may enforce this Guaranty without being obligated to resort first to any security or any other remedy against LICENSEE. Guarantor understands and agrees (s)he is not entitled to and shall not receive any notice on non-payment, non- non-performance or non-observance nor any proof, notice or demand and Guarantor expressly waives same. This Guaranty is general and shall inure to, and may be relied upon and enforced by, any successor or assign of ELITE. The obligations of Guarantor shall be binding upon Guarantor and their successors and assigns. This Guaranty shall be governed by the laws of the State of Florida and Guarantor waives jury trial in any proceeding relating to said License Agreement Agreements or this Guaranty. Exclusive venue for any proceeding relating to said License Agreement Agreements or this Guaranty shall be in Alachua County, Florida and Guarantor waives objection to and submits to the personal jurisdiction of the state and federal courts of said locationlocations. Guarantor executes this Guaranty in his/her individual and personal capacity and any title or corporate position or agency that may be indicated hereon is to be given no effect. Guarantor represents and warrants that the following information is true and correct, and authorizes the verification of same by reasonable means. Should any of the information provided below change during the life of this Guaranty, then Guarantor agrees to provide that updated information to ELITE in writing. GUARANTOR NAME: SSN# PHYSICAL ADDRESS: DL# MAILING ADDRESS: PH# CITY/STATE/ZIP: DOB

Appears in 1 contract

Samples: Subscription Agreement

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UNCONDITIONAL AND CONTINUING GUARANTY. The undersigned, individually, in order to induce ELITE to subscribe to the network enabled features of the Elite Property to LICENSEE TRANSFEREE hereby guarantees to ELITE the performance of the above named LICENSEE TRANSFEREE and all duties and obligations of LICENSEE TRANSFEREE including all network subscription fees, rents, monies, damages, expenses, court costs and attorneys’ fees incurred under the terms of this Network License and Monthly Subscription Agreement (or the terms of any other License and Monthly Subscription Agreement executed by TRANSFEREE. The License and Monthly Subscription Agreement to which this Guaranty is attached, and any other License and Monthly Subscription Agreements executed by TRANSFEREE shall be collectively referenced herein as the “License AgreementAgreements). The undersigned Guarantor consents that the obligation of LICENSEE TRANSFEREE for the liabilities hereby guaranteed may be renewed, extended, modified, or released, or surrendered, all without affecting the obligations of the undersigned Guarantor. This Guaranty shall be construed as an absolute and unconditional Guaranty of payment and shall continue after the termination or cancellation of said License Agreement Agreements until all obligations and payments of LICENSEE TRANSFEREE are fully satisfied. ELITE may enforce this Guaranty without being obligated to resort first to any security or any other remedy against LICENSEETRANSFEREE. Guarantor understands and agrees (s)he is not entitled to and shall not receive any notice on non-payment, non- performance or non-observance nor any proof, notice or demand and Guarantor expressly waives same. This Guaranty is general and shall inure to, and may be relied upon and enforced by, any successor or assign of ELITE. The obligations of Guarantor shall be binding upon Guarantor and their successors and assigns. This Guaranty shall be governed by the laws of the State of Florida and Guarantor waives jury trial in any proceeding relating to said License Agreement Agreements or this Guaranty. Exclusive venue for any proceeding relating to said License Agreement Agreements or this Guaranty shall be in Alachua County, Florida and Guarantor waives objection to and submits to the personal jurisdiction of the state and federal courts of said locationlocations. Guarantor executes this Guaranty in his/her individual and personal capacity and any title or corporate position or agency that may be indicated hereon is to be given no effect. Guarantor represents and warrants that the following information is true and correct, and authorizes the verification of same by reasonable means. Should any of the information provided below change during the life of this Guaranty, then Guarantor agrees to provide that updated information to ELITE in writing. GUARANTOR NAME: SSN# PHYSICAL ADDRESS: DL# MAILING ADDRESS: PH# CITY/STATE/ZIP: DOB

Appears in 1 contract

Samples: Subscription Agreement

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