Liability of Guarantor a. TxDOT may enforce this Guaranty upon the occurrence of a breach by DB Contractor of any of the Guaranteed Obligations, notwithstanding the existence of any dispute between TxDOT and DB Contractor with respect to the existence of such a breach.
b. Guarantor’s performance of some, but not all, of the Guaranteed Obligations will in no way limit, affect, modify or abridge Guarantor’s liability for those Guaranteed Obligations that have not been performed.
c. TxDOT, upon such terms as it deems appropriate, without notice or demand and without affecting the validity or enforceability of this Guaranty or giving rise to any reduction, limitation, impairment, discharge or termination of Guarantor’s liability hereunder, from time to time may (i) with respect to the financial obligations of DB Contractor, if and as permitted by the DBC, renew, extend, accelerate, increase the rate of interest on, or otherwise change the time, place, manner or terms of payment of financial obligations that are Guaranteed Obligations, and/or subordinate the payment of the same to the payment of any other obligations, (ii) settle, compromise, release or discharge, or accept or refuse any offer of performance with respect to, or substitutions for, the Guaranteed Obligations or any agreement relating thereto, (iii) request and accept other guarantees of the Guaranteed Obligations and take and hold security for the payment and performance of this Guaranty or the Guaranteed Obligations, (iv) release, surrender, exchange, substitute, compromise, settle, rescind, waive, alter, subordinate or modify, with or without consideration, any security for performance of the Guaranteed Obligations, any other guarantees of the Guaranteed Obligations, or any other obligation of any Person with respect to the Guaranteed Obligations, (v) enforce and apply any security hereafter held by or for the benefit of TxDOT in respect of this Guaranty or the Guaranteed Obligations and direct the order or manner of sale thereof, or exercise any other right or remedy that TxDOT may have against any such security, as TxDOT in its discretion may determine, and (vi) exercise any other rights available to it under the Contract Documents.
d. This Guaranty and the obligations of Guarantor hereunder will be valid and enforceable and will not be subject to any reduction, limitation, impairment, discharge or termination for any reason (other than indefeasible performance in full of the Guaranteed Obligations), including with...
Liability of Guarantor. The Guarantor, in executing this Agreement, covenants with the Manager, and Owner that the Guarantor is and shall be jointly and severally bound and liable with the Resident for the payment of all amounts payable by the Resident under this Agreement and for all obligations of the Resident under this Agreement. In enforcing its rights hereunder, each of the Manager, the Institution and the Owner may proceed against the Guarantor as though the Guarantor were the Resident named in the Agreement. Neither the Manager, the Institution or the Owner is bound to exhaust its remedies against the Resident before making a demand on or pursuing its remedies against the Guarantor.
Liability of Guarantor. The execution of this Guaranty by any one or more of the Guarantors, if more than one, is not conditioned on the execution of this Guaranty by the other Guarantors named in this Guaranty, and this Guaranty shall be and is fully binding on each of the Guarantors irrespective of whether the other Guarantors named in this Guaranty execute this Guaranty or may be released or discharged from liability under this Guaranty (regardless of the reason or basis for any such release or discharge and regardless of whether or not the same is consented to by the Guarantors not so released or discharged). All persons executing this Guaranty shall be jointly and severally liable. Guarantor’s obligations under this Guaranty are independent of the obligations of Borrower, and a separate action or actions may be brought and prosecuted against Guarantor irrespective of whether an action is brought against Borrower or whether Borrower is joined in any such action or actions. Lender may bring an action to enforce this Guaranty prior to, contemporaneously with or subsequent to bringing an action against Borrower. Guarantor’s obligations under this Guaranty are independent of the obligations of each other Guarantor, and a separate action or actions may be brought and prosecuted against one or more Guarantors irrespective of whether an action is brought against any other Guarantor or whether any other Guarantor is joined in any such action or actions. Lender may bring an action to enforce this Guaranty against one or more Guarantors prior to, contemporaneously with or subsequent to bringing an action against any other Guarantor. Lender shall not be required to exhaust Lender’s remedies against Borrower or any guarantor other than Guarantors, proceed against any collateral given as security for the Obligations or pursue any other remedies before exercising any of Lender’s rights or remedies under this Guaranty. Lender may, in its sole discretion and at any time, transfer, sell or assign all or a portion of Lender’s interest under the Loan Documents or this Guaranty, and notwithstanding such transfer, sale or assignment, Guarantor’s obligations under this Guaranty shall continue uninterrupted for the benefit of Lender and Lender’s successors and assigns.
Liability of Guarantor. The liability of the Guarantor under this Guaranty shall be irrevocable, absolute, independent and unconditional, and shall not be affected by any circumstance which might constitute a discharge of a surety or guarantor other than the indefeasible payment and performance in full of all Guaranteed Obligations. In furtherance of the foregoing and without limiting the generality thereof, the Guarantor agrees as follows:
Liability of Guarantor. If the Grantor has entered into this document to secure financial accommodation provided to some other person, the Grantor will be considered to be a principal debtor for the Secured Money.
Liability of Guarantor. The undersigned Xxxxxxxxx, who is signing the Guaranty attached to this Agreement and incorporated herein by reference, shall be jointly and severally liable for the Individual’s full and faithful performance of the terms and conditions of this Agreement.
Liability of Guarantor. 44 13.3 Expenses. .....................................................................................................................45 ARTICLE
Liability of Guarantor. 10.1 The liability of each of the Guarantors under this Guarantee and Undertaking shall not be impaired, affected, reduced or discharged by reason of:
(a) subject to any requirements in the Share Purchase Agreement, the absence of any demand or claim made by any third party for payment in respect of the Obligations;
(b) any amendment, variation, supplement or novation, to the Definitive Agreements, or any other security, guarantee, indemnity, lien, power, right or remedy available to Valspar;
(c) any permitted assignment by Valspar of its rights; or
(d) any defect, irregularity or deficiency in the execution of or any provision of the Definitive Agreements, or the obligations of any party thereunder (except the obligation of the Guarantors pursuant to this Guarantee and Undertaking) being or becoming terminated, invalid, illegal or unenforceable at any time and/or for any reason.
Liability of Guarantor. Guarantor further agrees that its liability under this Agreement shall be primary and unconditional, shall not be subject to any offset, defense or counterclaim of Lessee, and that in any right of action which shall accrue to Lessor under the Lease, Lessor may, at its option, proceed against Guarantor without having commenced any action, or having obtained any judgment, against Lessee.
Liability of Guarantor. Guarantor shall be liable as follows:
