We further agree as follows. A That the Employer may without affecting this guarantee grant time or other indulgence to or negotiate further with the Tenderer in regard to the conditions contained in the said tender and thereby modify these conditions or add thereto any further conditions as may be mutually agreed upon between the Employer and the Tenderer.
We further agree as follows a) Seller shall be entitled to treat us as the primary obligor in respect of payments due and payable by Buyer under the GSC
b) Seller shall have fullest liberty without our consent and without affecting in any manner our obligations hereunder, to vary any of the terms and conditions of the GSC, to extend time for performance by Xxxxx from time to time or postpone for any time or from time to time any of the powers exercisable by Seller against Buyer.
c) No change or addition to or other modification or alteration of the term of the GSC to be performed thereunder or of any of the GSC documents which may be executed between Seller and Buyer shall in any way release us from our liability under this Guarantee, and we hereby waive notice of any such change, addition or modification.
d) Seller shall be entitled to waive or forbear to enforce any of the terms and conditions relating to the GSC and we shall not be relieved from our liability by any reason or any variation, or extension being granted to Buyer or for waiver, act or omission on the part of Seller or any indulgence by Seller to Buyer by any such matter or thing whatsoever which under the law relating to the sureties would but for this provision have effect of so relieving us.
e) The Sellers may further assign this Guarantee and all their rights and benefits under this Guarantee to its lenders or any other person and we hereby agree to acknowledge such assignment and agree that such assignee shall be entitled to exercise all rights and benefits due and owing to the Sellers under this Guarantee.
f) We hereby waive any and all subrogation rights arising in terms of this Guarantee against Buyer until all payments due and owing to Seller under the GSC have been paid by Buyer
g) This Guarantee shall be valid for the period of one year i.e. upto [dd/mm/yy] for the term of the GSC unless the GSC is terminated earlier.
h) The Guarantee shall not be affected by any legal limitation, disability or other circumstances relating to Buyer or the Guarantor or any appointment of receiver, liquidator, administrator of assets, insolvency, bankruptcy or winding up, amalgamation, re-organisation or restructuring of Buyer or any pending legal proceedings or dispute between the parties.
i) Payments under this Guarantee to Seller shall be made in full without any set off or counter claim and free and clear of and without deduction or withholding any present or future taxes, duties any / or other charges and any amounts with...
We further agree as follows a. That the Employer may without affecting this guarantee grant time or other indulgence to or negotiate further with the Bidder in regard to the conditions contained in the said Bid and thereby modify these conditions or add thereto any further conditions as may be mutually agreed upon between the Employer and the Bidder.
b. That the guarantee herein before contained shall not be affected by any change in the constitution of our Bank or in the constitution of the Bidder.
c. That any account settled between the Employer and the Bidder shall be conclusive evidence against us of the amount due hereunder and shall not be questioned by us.
d. That this Guarantee commences from the date hereof and shall remain in force till (Date up to which Guarantee is valid i.e. 150 days from the last date of Bid submission.)
e. That the expression 'the Bidder' and 'the Bank' herein used shall, unless such an interpretation is repUgnant to the subject or context, include their respective successors and assigns.
We further agree as follows. Seller shall be entitled to treat us as the primary obligor in respect of payments due and payable by Buyer under the GSC
