Extent of guarantee and indemnity. The liability of the Payor Guarantor under this clause 9 is not affected by anything which, but for this clause 9, might operate to release or exonerate the Payor Guarantor in whole or in part from its obligations including any of the following, whether with or without the consent of the Payor Guarantor: (a) the grant to the Payor, the Payor Guarantor or any other person of any time, waiver or other indulgence, or the discharge or release of the Payor, the Payor Guarantor or any other person from any liability or obligation; (b) any transaction or arrangement that may take place between the Payee, the Payor, the Payor Guarantor or any other person; (c) the Payee exercising or refraining from exercising its rights under any security or any other rights, powers or remedies against the Payor, the Payor Guarantor or any other person; (d) the amendment, replacement, extinguishment, unenforceability, failure, loss, release, discharge, abandonment or transfer either in whole or in part and either with or without consideration, of any security now or in the future held by the Payee from the Payor, the Payor Guarantor or any other person or by the taking of or failure to take any security;
Appears in 1 contract
Sources: Share Sale and Purchase Agreement (Newmont Mining Corp /De/)
Extent of guarantee and indemnity. The liability of the Payor Buyer’s Guarantor under this clause 9 17 is not affected by anything whichthat, but for this clause 917, might operate to release or exonerate the Payor Buyer’s Guarantor in whole or in part from its obligations including any of the following, whether with or without the consent of the Payor Buyer’s Guarantor:
(a) the grant to the PayorBuyer, the Payor Buyer’s Guarantor or any other person of any time, waiver or other indulgence, or the discharge or release of the PayorBuyer, the Payor Buyer’s Guarantor or any other person from any liability or obligation;
(b) any transaction or arrangement that may take place between the PayeeSellers, the PayorBuyer, the Payor Buyer’s Guarantor or any other person;
(c) the Payee Sellers exercising or refraining from exercising its rights under any security or any other rights, powers or remedies against the PayorBuyer, the Payor Buyer’s Guarantor or any other person;
(d) the amendment, replacement, extinguishment, unenforceability, failure, loss, release, discharge, abandonment or transfer either in whole or in part and either with or without consideration, of any security now or in the future held by the Payee Sellers from the PayorBuyer, the Payor Buyer’s Guarantor or any other person or by the taking of or failure to take any security;
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Extent of guarantee and indemnity. The liability of the Payor Guarantor under this clause 9 10 is not affected by anything which, but for this clause 910, might operate to release or exonerate the Payor Guarantor in whole or in part from its obligations including any of the following, whether with or without the consent of the Payor Guarantor:
(a) the grant to the Payor, the Payor Guarantor or any other person of any time, waiver or other indulgence, or the discharge or release of the Payor, the Payor Guarantor or any other person from any liability or obligation;
(b) any transaction or arrangement that may take place between the Payee, the Payor, the Payor Guarantor or any other person;
(c) the Payee exercising or refraining from exercising its rights under any security or any other rights, powers or remedies against the Payor, the Payor Guarantor or any other person;
(d) the amendment, replacement, extinguishment, unenforceability, failure, loss, release, discharge, abandonment or transfer either in whole or in part and either with or without consideration, of any security now or in the future held by the Payee from the Payor, the Payor Guarantor or any other person or by the taking of or failure to take any security;
Appears in 1 contract
Sources: Share Sale and Purchase Agreement (Newmont Mining Corp /De/)