Performance by Guarantor Sample Clauses

Performance by Guarantor. 2.1 If Borrower fails to perform the Guaranteed Obligations on or before the times such matters are to be done by Borrower, Guarantor shall do, at Guarantor’s expense, any such matter which Borrower has failed to do within the time periods set forth herein. 2.2 If Guarantor fails to take any such action within the time periods set forth herein, Lender may pursue any remedies at law or in equity against Guarantor, without having to proceed first against Borrower, and may itself take such action, and Guarantor shall be liable to Lender for all expenses, including reasonable attorneys’ fees incurred by Lender, and all amounts paid by Lender in taking any such action.

Performance by Guarantor. If any Rent or other amount due under the Lease shall not be paid, or any obligation not performed as required by the Lease, then upon demand by Landlord, Guarantor shall pay, within ten (10) days of demand by Landlord, such sums and perform such obligations as required by the Lease, without regard to: (a) any defense, set-off or counterclaim which Guarantor or Tenant may have or assert; (b) whether Landlord shall have instituted any suit, action or proceeding or exhausted its remedies or taken any steps to enforce any rights against Tenant or any other person to collect all or any part of such sums, either pursuant to the provisions of the Lease or at law or in equity (it being understood that this is a guaranty of payment and not collection, and Guarantor’s liability for such payment shall be primary); or (c) any other condition or contingency. Guarantor waives any right of exoneration and any right to require Landlord to make an election of remedies. Guarantor covenants and agrees that it shall not cause any default under the Lease. Guarantor’s performance or satisfaction of a portion, but not all, of the Guaranteed Obligations shall in no way limit, affect, modify or abridge Guarantor’s obligation for that portion of the Guaranteed Obligations which is not performed, and Landlord shall have the right to designate the manner in which any payments made by Tenant under the Lease or by Guarantor pursuant to this Guaranty are applied to the Guaranteed Obligations. Without in any way limiting the generality of the foregoing, if Landlord receives payment for, or is awarded a judgment in any suit brought to enforce Guarantor’s covenant to perform, a portion of the Guaranteed Obligations, such payment or judgment shall in no way be deemed to release Guarantor from its covenant to perform or satisfy any portion of the Guaranteed Obligations which is not satisfied by such payment or collection of such judgment.

Performance by Guarantor. If any Minimum Rent, other Rent or other charge, reserve or other amount due under the Lease shall not be paid, or any obligation not performed as required by the Lease or the Letter of Credit Agreement, then upon demand by Landlord, Guarantor shall pay within ten (10) days of demand by Landlord such sums and perform such obligations as required by the Lease or the Letter of Credit Agreement, as applicable, without regard to: (a) any defense, set-off, or counterclaim which Guarantor or Tenant may have or assert; (b) whether or not Landlord shall have instituted any suit, action or proceeding or exhausted its remedies or taken any steps to enforce any rights against Tenant or any other person to collect all or any part of such sums, either pursuant to the provisions of the Lease, the Letter of Credit Agreement or at law or in equity (it being understood that this is a guaranty of payment and not collection, and Guarantor's liability for such payment shall be primary); or (c) any other condition or contingency. Guarantor waives any right of exoneration and any right to require Landlord to make an election of remedies. Guarantor covenants and agrees that it shall not cause any default under the Lease or the Letter of Credit Agreement.

Performance by Guarantor. Without prejudice to the generality of Clause 1, if the Employer determines the employment of the Contractor under the provisions of the Contract the Guarantor may, at its option regardless of the existence of any dispute between the Employer and the Contractor, forthwith perform and observe or cause to be performed and observed, the obligations of the Contractor under the Contract to the extent that and subject to the terms as the Contractor would, but for the determination of its employment, have been liable to perform.

Performance by Guarantor. If any Minimum Rent, other Rent or other charge, reserve or other amount due under the Lease shall not be paid, or any obligation not performed as required by the Lease or the Letter of Credit Agreement, then upon demand by Landlord, Guarantor shall pay within ten (10) days of demand by Landlord such sums and perform such obligations as required by the Lease or the Letter of Credit Agreement, as applicable, without regard to:

Performance by Guarantor. If all or any part of the Guaranteed Obligations shall not be punctually performed when due, whether at demand, maturity or earlier by acceleration or otherwise, Guarantor shall, immediately upon demand by Lender, and without presentment, protest, notice of protest, notice of nonpayment or nonperformance, notice of intention to accelerate the maturity, notice of acceleration of the maturity, or any other notice whatsoever (all such notices being hereby expressly waived by Guarantor), perform the Guaranteed Obligations. Such demand may be made at any time coincident with or after the time for performance of all or part of the Guaranteed Obligations, and may be made from time to time with respect to the same or different items of Guaranteed Obligations. Such demand shall be deemed made, given and received in accordance with the notice provisions hereof. 641933; Miami-Dade County, Florida

Performance by Guarantor. If any of the Guaranteed Obligations are not performed by Buyer as required by the Agreement, then upon demand by Seller or Owner, Guarantor shall pay within ten (10) days of demand by Seller or Owner such sums and perform such obligations as required by the Agreement, without regard to: (a) whether or not Seller or Owner shall have instituted any suit, action or proceeding or exhausted its remedies or taken any steps to enforce any rights against Buyer or any other person to collect all or any part of such sums , either pursuant to the provisions pf the Agreement or at law or in equity (it being understood that this is a guaranty of payment and not collection, and Guarantor liability for such payment shall be primary); or (b) any other condition or contingency.

Performance by Guarantor. Upon the occurrence and during the continuance of an Event of Default by Borrower with respect to the timely performance of the Guaranteed Obligations, Guarantor shall diligently pursue the Completion of the Project following written demand by L▇▇▇▇▇ under this Guaranty.

Performance by Guarantor. In the event of the occurrence of any breach or default in the Obligations, Guarantor hereby agrees to perform and/or make payment of each and every Obligation within five (5) business days after receipt of notice from Olin of such breach or default, provided that for those Obligations reasonably incapable of cure within five (5) days, Guarantor shall have commenced a cure within five (5) days and thereafter diligently pursue such cure.