JOINT AND SEVERAL LIABILITY Where Clause Samples

JOINT AND SEVERAL LIABILITY Where the Lead Applicant Institution is neither a company nor an incorporated entity with a distinct legal personality of its own, the individuals who enter into and sign this Agreement on behalf of the Lead Applicant shall be jointly and severally liable for the Lead Applicant's obligations and liabilities arising under this Agreement.
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JOINT AND SEVERAL LIABILITY Where more than one person is named as the Tenant in the First Schedule hereto all such persons shall sign this Agreement and shall be jointly and severally liable for the performance and observance of the terms, conditions and agreements contained herein and on the part of the Tenant to be performed and observed. THE FIRST SCHEDULE ABOVE REFERRED TO ------------------------------------ Name address and description of parties hereto Landlord: Hongkong Finance Property Company Limited whose registered office is situate at 12th Floor, First Pacific Bank Centre, No.51-57 Gloucester Road, ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇. ▇▇▇▇▇▇: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇TES LIMITED whose registered office is situate at 17th floor, No. 53-55 Lockhart Road Wanc▇▇▇, ▇▇▇▇ ▇▇▇▇. THE SECOND SCHEDULE ABOVE REFERRED TO ------------------------------------- PREMISES: ALL THAT Unit No. A on the 12th Floor of First Pacific Bank Centre, 56 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇ortion of Inland Lot No. 2818, The Remaining Portion of Section D of Inland Lot No. 2818, The Remaining Portion of Section F of Inland Lot No. 2817 and Section M of Inland Lot No. 2817. THE THIRD SCHEDULE ABOVE REFERRED TO ------------------------------------ Part I Term: Two years. Part II Commencement Date: 1st December 1998 Part III Expiry Date: 30th November 2000 The Parties here by agreed that: After the first 12 months of the TENANCY, the Tenant shall have an option for early termination for the Tenancy and be released from the obligation of the terms of agreement upon that giving (3) months prior notice or by paying the sum equivalent to the (3) months rent in lieu of notice.
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JOINT AND SEVERAL LIABILITY Where. THE Consultant IS A PARTNERSHIP) The Consultant’s obligations are the joint and several obligations of all the partners of the Consultant whether or not they have executed this Agreement and the partners of the Consultant who have executed this Agreement jointly and severally warrant that in executing this deed they have the power to bind under seal all the partners of the Consultant jointly and severally. This Agreement has been executed as a deed and is delivered and takes effect on the date stated at the beginning of it. EXECUTED AS A DEED by WINCHESTER CITY COUNCIL By affixing hereto its common seal in the presence of Signed ……………………………………………. Name ……………………………………………. Job title……………………………………………. Executed as a deed by acting by [NAME .................... OF FIRST DIRECTOR], a director and [NAME OF SECOND DIRECTOR/SECRETARY], [a director OR its secretary] [SIGNATURE OF FIRST DIRECTOR] Director .................... [SIGNATURE OF SECOND DIRECTOR OR SECRETARY] [Director OR Secretary] General The conditions of contract are the core clauses and the clauses for main Option A, dispute resolution Option W2 and secondary Options X8, X10, X11, Y(UK)2, Y(UK)3 and Z of the NEC3 Professional Services Contract (April 2013), as supplemented and amended by the additional conditions of contract. The Employer is Name: Winchester City Council Address: ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ The Adjudicator is to be nominated by the Adjudicator nominating body. The services are architectural design, lead designer and Principal Designer (as defined by the Construction (Design and Management) Regulations 2015) services in respect of the design and construction of a new leisure facility in Winchester (including a 50 metre swimming pool), as more particularly described in the Scope. The Scope is in Annex 3. The language of this contract is English. The law of the contract is the law of England and Wales. The period for reply is 2 weeks. The period for retention is 12 years following Completion or earlier termination of this contract. The Adjudicator nominating body is the Royal Institution of Chartered Surveyors. The tribunal is litigation in the Courts of England and Wales. The following matters will be included in the Risk Register [ ]9.
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JOINT AND SEVERAL LIABILITY Where a party to this Agreement consists of two or more persons (whether as partners or otherwise) their liability hereunder shall be joint and several. An Event of Default shall be deemed to have occurred with respect to both or all of such persons if any such event occurs in respect of any one of them. All representations, warranties, statements, undertakings, terms and conditions made, or agreed to, by a party shall be deemed to have been made by both or all of such persons. Each of such persons hereby irrevocably authorises each of the others to give and receive all communications hereunder and irrevocably authorises the other party or parties to this Agreement to act on the basis of such communication and to give any communication hereunder to any of <PAGE> [THE ROYAL BANK OF SCOTLAND LETTERHEAD] the others. If a party receives conflicting notices it may act or decline to act on the basis thereof as it, in its sole discretion, thinks fit. References in this Agreement to a party that consists of two or more persons (whether as partners or otherwise) as "it" or "its" will be replaced with the words "them", "they" or "their" as appropriate in so far as they apply to that party.
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Related to JOINT AND SEVERAL LIABILITY Where

  • Joint and Several Liability Each Borrower agrees that it is jointly and severally liable for, and absolutely and unconditionally guarantees to Agent and Lenders the prompt payment and performance of, all Obligations and all agreements under the Loan Documents. Each Borrower agrees that its guaranty obligations hereunder constitute a continuing guaranty of payment and not of collection, that such obligations shall not be discharged until Full Payment of the Obligations, and that such obligations are absolute and unconditional, irrespective of (a) the genuineness, validity, regularity, enforceability, subordination or any future modification of, or change in, any Obligations or Loan Document, or any other document, instrument or agreement to which any Obligor is or may become a party or be bound; (b) the absence of any action to enforce this Agreement (including this Section) or any other Loan Document, or any waiver, consent or indulgence of any kind by Agent or any Lender with respect thereto; (c) the existence, value or condition of, or failure to perfect a Lien or to preserve rights against, any security or guaranty for the Obligations or any action, or the absence of any action, by Agent or any Lender in respect thereof (including the release of any security or guaranty); (d) the insolvency of any Obligor; (e) any election by Agent or any Lender in an Insolvency Proceeding for the application of Section 1111(b)(2) of the Bankruptcy Code; (f) any borrowing or grant of a Lien by any other Borrower, as debtor-in-possession under Section 364 of the Bankruptcy Code or otherwise; (g) the disallowance of any claims of Agent or any Lender against any Obligor for the repayment of any Obligations under Section 502 of the Bankruptcy Code or otherwise; or (h) any other action or circumstances that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, except Full Payment of all Obligations.

  • Joint and Several Liability of Borrowers (i) Each of the Borrowers is accepting joint and several liability hereunder and under the other Loan Documents in consideration of the financial accommodations to be provided by the Administrative Agent and the Lenders under this Agreement, for the mutual benefit, directly and indirectly, of each of the Borrowers and in consideration of the undertakings of the other Borrowers to accept joint and several liability for the Obligations. (ii) Each of the Borrowers, jointly and severally, hereby irrevocably and unconditionally accepts, not merely as a surety but also as a co-debtor, joint and several liability with the other Borrowers, with respect to the payment and performance of all of the Obligations (including, without limitation, any Obligations arising under this Section 10.18), it being the intention of the parties hereto that all the Obligations shall be the joint and several obligations of each Borrower without preferences or distinction among them. (iii) If and to the extent that any Borrower shall fail to make any payment with respect to any of the Obligations as and when due or to perform any of the Obligations in accordance with the terms thereof, then in each such event the other Borrowers will make such payment with respect to, or perform, such Obligation. (iv) The Obligations of each Borrower under the provisions of this Section 10.18 constitute the absolute and unconditional, full recourse Obligations of each Borrower enforceable against each such Borrower to the full extent of its properties and assets, irrespective of the validity, regularity or enforceability of this Agreement or any other circumstances whatsoever. (v) Except as otherwise expressly provided in this Agreement, each Borrower hereby waives notice of acceptance of its joint and several liability, notice of any Loans issued under or pursuant to this Agreement, notice of the occurrence of any Default, Event of Default, or of any demand for any payment under this Agreement, notice of any action at any time taken or omitted by the Administrative Agent or Lenders under or in respect of any of the Obligations, any requirement of diligence or to mitigate damages and, generally, to the extent permitted by applicable Law, all demands, notices and other formalities of every kind in connection with this Agreement (except as otherwise provided in this Agreement). Each Borrower hereby assents to, and waives notice of, any extension or postponement of the time for the payment of any of the Obligations, the acceptance of any payment of any of the Obligations, the acceptance of any partial payment thereon, any waiver, consent or other action or acquiescence by the Administrative Agent or Lenders at any time or times in respect of any default by any Borrower in the performance or satisfaction of any term, covenant, condition or provision of this Agreement, any and all other indulgences whatsoever by the Administrative Agent or Lenders in respect of any of the Obligations, and the taking, addition, substitution or release, in whole or in part, at any time or times, of any security for any of the Obligations or the addition, substitution or release, in whole or in part, of any Borrower. Without limiting the generality of the foregoing, each Borrower assents to any other action or delay in acting or failure to act on the part of the Administrative Agent or any Lender with respect to the failure by any Borrower to comply with any of its respective Obligations, including, without limitation, any failure strictly or diligently to assert any right or to pursue any remedy or to comply fully with applicable Laws or regulations thereunder, which might, but for the provisions of this Section 10.18, afford grounds for terminating, discharging or relieving any Borrower, in whole or in part, from any of its Obligations under this Section 10.18, it being the intention of each Borrower that, so long as any of the Obligations hereunder remain unsatisfied, the Obligations of such Borrower under this Section 10.18 shall not be discharged except by performance and then only to the extent of such performance. The Obligations of each Borrower under this Section 10.18 shall not be diminished or rendered unenforceable by any winding up, reorganization, arrangement, liquidation, reconstruction or similar proceeding with respect to any Borrower or the Administrative Agent or any Lender. The joint and several liability of each Borrower hereunder shall continue in full force and effect notwithstanding any absorption, merger, amalgamation or any other change whatsoever in the name, constitution or place of formation of any of the Borrowers or Administrative Agent or Lenders. (vi) The provisions of this Section 10.18 are made for the benefit of the Administrative Agent, the Lenders and their respective successors and assigns, and may be enforced by it or them from time to time against any or all Borrowers as often as occasion therefor may arise and without requirement on the part of Administrative Agent, or any Lender, successor or assign first to marshal any of its or their claims or to exercise any of its or their rights against any Borrower or to exhaust any remedies available to it or them against any Borrower or to resort to any other source or means of obtaining payment of any of the Obligations hereunder or to elect any other remedy. The provisions of this Section 10.18 shall remain in effect until all of the Obligations shall have been paid in full or otherwise fully satisfied. If at any time, any payment, or any part thereof, made in respect of any of the Obligations, is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender upon the insolvency, bankruptcy or reorganization of any Borrower, or otherwise, the provisions of this Section 10.18 will forthwith be reinstated in effect, as though such payment had not been made. (vii) Each Borrower hereby agrees that it will not enforce any of its rights of contribution or subrogation against any other Borrower with respect to any liability incurred by it hereunder or under any of the other Loan Documents, any payments made by it to the Administrative Agent or Lenders with respect to any of the Obligations or any collateral security therefor until such time as all of the Obligations have been paid in full in cash. Any claim which any Borrower may have against the other Borrowers with respect to any payments to the Administrative Agent or any Lender hereunder or under any other Loan Document is hereby expressly made subordinate and junior in right of payment, including without limitation, as to any increases in the Obligations arising hereunder or thereunder, to the prior payment in full in cash of the Obligations and, in the event of any insolvency, bankruptcy, receivership, liquidation, reorganization or other similar proceeding under the laws of any jurisdiction relating to any Borrower, its debts or its assets, whether voluntary or involuntary, all such Obligations shall be paid in full in cash before any payment or distribution of any character, whether in cash, securities or other property, shall be made to the other Borrowers therefor.

  • Joint and Several If there is more than one Tenant, the obligations imposed upon Tenant under this Lease shall be joint and several.