Non-exoneration. 4.1 The obligations of the Guarantor under this Guarantee shall not be discharged, affected or impaired by any act, omission or thing which but for this Clause 4 would reduce, release or prejudice any of the Guarantor’s obligations under this Guarantee including without limitation and whether or not known to the Guarantor: (A) the granting by Thames or any other person of any time or other indulgence, or any concession or arrangement or waiver or forbearance granted or made by Thames to or with XYZ Water or any other person; (B) any assertion of any right or remedy or the pursuit of any rights or remedies by Thames against XYZ Water or any other person or the failure, delay or forbearance on the part of Thames or any other person in enforcing any of its rights against XYZ Water or any other person; (C) the giving by XYZ Water or Thames or any other person of any security in relation to the obligations or liabilities of XYZ Water pursuant to the Agreements or any other agreement entered into pursuant thereto or the variation, compromise, renewal or release of or refusal or neglect to take up or enforce such security or any non-presentation or non-observance of any formality or other requirement in respect of any instrument; (D) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of XYZ Water or any other person; (E) any unenforceability, illegality, invalidity or frustration of any provision of or obligation under the Agreements or under any other document or security to the intent that the Guarantor’s liability under this Guarantee shall remain in full force and its guarantee be construed accordingly as if there was no unenforceability, illegality, invalidity or frustration; (F) the insolvency, liquidation, winding-up, dissolution or administration of (or the appointment of an administrator or receiver of) XYZ Water, or any joint venture party of XYZ Water, or any other person, or the amalgamation, reconstruction, reorganisation, change in status, function, control or ownership of XYZ Water, or any other person; (G) any present or future law or regulation purporting to reduce or prejudice any of the obligations or liabilities of XYZ Water or Thames pursuant to the Agreements; or (H) anything that Thames or XYZ Water may do or omit or neglect to do which, but for this provision, might exonerate the Guarantor or impair its liability hereunder.
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