Common use of Security and Charge Clause in Contracts

Security and Charge. 7.1 Despite anything to the contrary contained herein or any other rights which the Supplier may have howsoever: (a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Supplier or the Supplier’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Supplier (or the Supplier’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall (b) should the Supplier elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own seller basis. (c) The Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Supplier or the Supplier’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 7.1.

Security and Charge. 7.1 14.1 Despite anything to the contrary contained herein or any other rights which the Supplier Seller may have howsoever: (a) where the Customer and/or and the Guarantor (if any) is the owner of land, realty or any other asset assets capable of being charged, both the Customer and/or and the Guarantor agree to mortgage and/or and charge all of their joint and/or several interest in the said land, realty or any other asset to the Supplier Seller or the SupplierSeller’s nominee to secure all amounts and other monetary obligations payable to the Seller under these the terms and conditions. The Customer and/or or the Guarantor acknowledge and agree that the Supplier Seller (or the SupplierSeller’s nominee) shall be entitled to lodge where appropriate a mortgage or caveat, which caveat shallshall be withdrawn and mortgage released once all payments and other monetary obligations payable have been met. (b) should the Supplier Seller elect to proceed in any manner in accordance with under this clause and/or its sub-clausesclause, the Customer and/or and Guarantor shall indemnify the Supplier Seller from and against all the SupplierSeller’s costs and disbursements including legal costs on a solicitor and own seller client basis. (c) The the Customer and/or and the Guarantor (if any) agree to irrevocably nominate nominate, constitute and appoint the Supplier Seller or the SupplierSeller’s nominee as the Customer’s and/or and Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of these terms and conditions and this clause 7.1clause.

Security and Charge. 7.1 Despite anything 13.1 Subject to clause 12 and the contrary contained herein or any other rights which the Supplier may have howsoeverPersonal Property Securities Act: (a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being chargedreal property, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset real property to the Supplier Seller or the SupplierSeller’s nominee to secure all amounts and other monetary obligations payable under these terms and conditionsthe Agreement. The Customer and/or the Guarantor acknowledge and agree that the Supplier Seller (or the SupplierSeller’s nominee) shall be is entitled to lodge an absolute caveat, where appropriate a caveat, which and the caveat shallwill be withdrawn once all payments and other monetary obligations payable hereunder have been met. (b) should the Supplier Seller elect to proceed in any manner in accordance with this clause 13 and/or its sub-clauses, the Customer and/or the Guarantor shall will indemnify the Supplier Seller from and against all the SupplierSeller’s incurred costs and disbursements including legal costs on a solicitor and own seller client basis. (c) The the Customer and/or the Guarantor (if any) agree to irrevocably nominate nominate, constitute and appoint the Supplier Seller or the SupplierSeller’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 7.113.