Rights of Subrogation. 6.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have: 6.1.1 of subrogation and indemnity; 6.1.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and 6.1.3 to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary's written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause on trust for the Beneficiary.
Appears in 17 contracts
Sources: Framework Agreement, Framework Agreement, Framework Agreement
Rights of Subrogation. 6.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 6.1 of subrogation and indemnity;
6.1.2 6.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and
6.1.3 6.3 to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary's ’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause clause on trust for the Beneficiary.
Appears in 8 contracts
Sources: Framework Agreement, Order Form and Call Off Terms, Framework Agreement
Rights of Subrogation. 6.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier Contractor and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 6.1. of subrogation and indemnity;
6.1.2 6.2. to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's Contractor’s obligations; and
6.1.3 6.3. to prove in the liquidation or insolvency of the SupplierContractor, only in accordance with the Beneficiary's ’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier Contractor and agrees not to do so until Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause clause on trust for the Beneficiary.
Appears in 6 contracts
Sources: Supply of Goods and Services Agreement, Ict System Provision Agreement, Services Agreement
Rights of Subrogation. 6.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 6.1 of subrogation and indemnity;
6.1.2 6.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and
6.1.3 6.3 to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary's Beneficiary‟s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause clause on trust for the Beneficiary.
Appears in 6 contracts
Sources: Framework Agreement, Framework Agreement, Framework Agreement
Rights of Subrogation. 6.1 7.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier Provider and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 7.1.1 of subrogation and indemnity;
6.1.2 7.1.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's Provider’s obligations; and
6.1.3 7.1.3 to prove in the liquidation or insolvency of the SupplierProvider, only in accordance with the relevant Beneficiary's ’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the that Beneficiary and pay the same to the that Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier Provider and agrees not to do so until the relevant Beneficiary receives all moneys monies payable hereunder and will hold any security taken in breach of this Clause 7 on trust for the that Beneficiary.
Appears in 2 contracts
Sources: Framework Agreement, Framework Agreement
Rights of Subrogation. 6.1 7.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 7.1.1 of subrogation and indemnity;
6.1.2 7.1.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's ’s obligations; and
6.1.3 7.1.3 to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary's ’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause on trust for the Beneficiary.
Appears in 2 contracts
Sources: Guarantee Agreement, Framework Contract
Rights of Subrogation. 6.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 6.1. of subrogation and indemnity;
6.1.2 6.2. to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and
6.1.3 6.3. to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary's ’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause on trust for the Beneficiary.
Appears in 2 contracts
Sources: Framework Agreement, Legal Services Framework Agreement
Rights of Subrogation. 6.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier Contractor and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 of subrogation and indemnity;
6.1.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's Contractor’s obligations; and
6.1.3 to prove in the liquidation or insolvency of the SupplierContractor, only if the Beneficiary so consents or requires and only in accordance with the Beneficiary's ’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. .
6.2 The Guarantor hereby acknowledges that it has not taken any security from the Supplier Contractor and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause clause 6.2 on trust for the Beneficiary.
Appears in 1 contract
Sources: Contract for Relocation Services
Rights of Subrogation. 6.1 7.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 7.1.1 of subrogation and indemnity;
6.1.2 7.1.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's ’s obligations; and
6.1.3 7.1.3 to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary's ’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause on trust for the Beneficiary.
Appears in 1 contract
Sources: Framework Agreement
Rights of Subrogation. 6.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 6.2 of subrogation and indemnity;
6.1.2 6.3 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and
6.1.3 6.4 to prove in the liquidation or insolvency of the Supplier, ,
6.5 only in accordance with the Beneficiary's ’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause on trust for the Beneficiary.
Appears in 1 contract
Sources: Framework Agreement
Rights of Subrogation. 6.1 7.1 The Guarantor shall, at any time when there is any default Default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default Default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 7.1.1 of subrogation and indemnity;
6.1.2 7.1.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's ’s obligations; and
6.1.3 7.1.3 to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary's ’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause on trust for the Beneficiary.
Appears in 1 contract
Sources: Framework Agreement
Rights of Subrogation. 6.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier Contractor and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 of subrogation and indemnity;
6.1.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's Contractor’s obligations; and
6.1.3 to prove in the liquidation or insolvency of the SupplierContractor, only if the Beneficiary so consents or requires and only in accordance with the Beneficiary's ’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. .
6.2 The Guarantor hereby acknowledges that it has not taken any security from the Supplier Contractor and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause 6.2 on trust for the Beneficiary.
Appears in 1 contract
Sources: Contract
Rights of Subrogation. 6.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 6.1 of subrogation and indemnity;
6.1.2 6.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and
6.1.3 6.3 to prove in the liquidation or insolvency of the Supplier, only in accordance with the Beneficiary's written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause on trust for the Beneficiary.
Appears in 1 contract
Sources: Framework Agreement
Rights of Subrogation. 6.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 of subrogation and indemnity;
6.1.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's obligations; and
6.1.3 to prove in the liquidation or insolvency of the Supplier, ;
6.2 only in accordance with the Beneficiary's written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier and agrees not to do so until the Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause on trust for the Beneficiary.
Appears in 1 contract
Sources: Additional Services Contract
Rights of Subrogation. 6.1 7.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier Generator and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 7.1.1 of subrogation and indemnity;
6.1.2 7.1.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the Supplier's Generator’s obligations; and
6.1.3 7.1.3 to prove in the liquidation or insolvency of the SupplierGenerator, only in accordance with the Beneficiary's ’s written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. The Guarantor hereby acknowledges that it has not taken any security from the Supplier Generator and agrees not to do so until Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause on trust for the Beneficiary.
Appears in 1 contract
Sources: Deed of Guarantee
Rights of Subrogation. 6.1 7.1 The Guarantor shall, at any time when there is any default in the performance of any of the Guaranteed Obligations by the Supplier Alliance Member and/or any default by the Guarantor in the performance of any of its obligations under this Deed of Guarantee, exercise any rights it may have:
6.1.1 7.1.1 of subrogation and indemnity;
6.1.2 7.1.2 to take the benefit of, share in or enforce any security or other guarantee or indemnity for the SupplierAlliance Member's obligations; andand/or
6.1.3 7.1.3 to prove in the liquidation or insolvency of the Supplier, Alliance Member only in accordance with the Beneficiary's written instructions and shall hold any amount recovered as a result of the exercise of such rights on trust for the Beneficiary and pay the same to the Beneficiary on first demand. .
7.2 The Guarantor hereby acknowledges that it has not taken any security from the Supplier Alliance Member and agrees not to do so until Beneficiary receives all moneys payable hereunder and will hold any security taken in breach of this Clause clause 7 on trust for the Beneficiary.
Appears in 1 contract
Sources: Parent Company Guarantee