Common use of Waivers and Subordination by Guarantor Clause in Contracts

Waivers and Subordination by Guarantor. This is a Guaranty of payment and not of collection. To the extent permitted by law, Guarantor hereby waives: all notices and rights to notice to which Guarantor might be entitled, including notices of acceptance hereof, and any action taken or omitted in reliance hereon; presentment, demand and protest of any instrument; all suretyship and equitable defenses; all other defenses, counterclaims and set-offs against CVEC; all exemptions and rights of homestead, valuation, postponement or similar nature; all claims against Contractor, whether in the nature of subrogation or otherwise as a creditor resulting from this Guaranty or any payments hereunder unless and until the Obligations have been satisfied in full or CVEC has expressly consented thereto in writing; any statute of limitations in any action hereunder or for the collection of the EMS Agreements or the performance of any of the Obligations; the incapacity or lack of authority of Contractor, Guarantor or any other person or entity, or the failure of CVEC to file or enforce a claim against the estate (either in bankruptcy, or any other proceeding) of Contractor or Guarantor or any other person or entity; any election of remedies by CVEC which destroys or otherwise impairs any subrogation rights of Guarantor or the right of Guarantor to proceed against Contractor for reimbursement, or both; any lack of diligence by Contractor in collection, protection, or realization upon any collateral securing the EMS Agreements; the invalidity or unenforceability of any of the documents evidencing the EMS Agreements or the Security; or any other cause or facts similar or dissimilar to the foregoing, it being the intention that the obligations of Guarantor are absolute, unconditional, and irrevocable. Guarantor shall not take any action to assert, collect, claim or realize upon any indebtedness, liabilities or collateral therefor, or any right of subrogation, reimbursement, contribution, indemnification or similar right, all against any other guarantor unless and until the Obligations have been satisfied in full or CVEC has expressly consented thereto in writing. Guarantor hereby subordinates any and all such claims and rights, in all respects, to the Obligations.

Waivers and Subordination by Guarantor. This is a Guaranty of payment and not of collection. To the extent permitted by law, Guarantor hereby waives: : (a) all notices and rights to notice to which Guarantor might be entitled, including notices of acceptance hereof, and any action taken or omitted in reliance hereon; ; (b) presentment, demand and protest of any instrument; ; (c) all suretyship and equitable defenses; ; (d) all other defenses, counterclaims and set-offs against CVEC; ; (e) all exemptions and rights of homestead, valuation, postponement or similar nature; similar (f) all claims against Contractor, whether in the nature of subrogation or otherwise as a creditor resulting from this Guaranty or any payments hereunder unless and until the Obligations have been satisfied in full or CVEC has expressly consented thereto in writing; as (g) any statute of limitations in any action hereunder or for the collection of the EMS Agreements Agreement or the performance of any of the Obligations; ; (h) the incapacity or lack of authority of Contractor, Guarantor or any other person or entity, or the failure of CVEC to file or enforce a claim against the estate (either in bankruptcy, or any other proceeding) of Contractor or Guarantor or any other person or entity; ; (i) any election of remedies by CVEC which destroys or otherwise impairs any subrogation rights of Guarantor or the right of Guarantor to proceed against Contractor for reimbursement, or both; ; (j) any lack of diligence by Contractor in collection, protection, or realization upon any collateral securing the EMS Agreements; Agreement; (k) the invalidity or unenforceability of any of the documents evidencing the EMS Agreements Agreement or the Security; or or (l) any other cause or facts similar or dissimilar to the foregoing, it being the intention that the obligations of Guarantor are absolute, unconditional, and irrevocable. Guarantor shall not take any action to assert, collect, claim or realize upon any indebtedness, liabilities or collateral therefor, or any right of subrogation, reimbursement, contribution, indemnification or similar right, all against any other guarantor unless and until the Obligations have been satisfied in full or CVEC has expressly consented thereto in writing. Guarantor hereby subordinates any and all such claims and rights, in all respects, to the Obligations.

Waivers and Subordination by Guarantor. This is a Guaranty of payment and not of collection. To the extent permitted by law, Guarantor hereby waives: : (a) all notices and rights to notice to which Guarantor might be entitled, including notices of acceptance hereof, and any action taken or omitted in reliance hereon; ; (b) presentment, demand and protest of any instrument; ; (c) all suretyship and equitable defenses; ; (d) all other defenses, counterclaims and set-offs against CVEC; ; (e) all exemptions and rights of homestead, valuation, postponement or similar nature; ; (f) all claims against Contractor, whether in the nature of subrogation or otherwise as a creditor resulting from this Guaranty or any payments hereunder unless and until the Obligations have been satisfied in full or CVEC has expressly consented thereto in writing; ; (g) any statute of limitations in any action hereunder or for the collection of the EMS Agreements Agreement or the performance of any of the Obligations; ; (h) the incapacity or lack of authority of Contractor, Guarantor or any other person or entity, or the failure of CVEC to file or enforce a claim against the estate (either in bankruptcy, or any other proceeding) of Contractor or Guarantor or any other person or entity; ; (i) any election of remedies by CVEC which destroys or otherwise impairs any subrogation rights of Guarantor or the right of Guarantor to proceed against Contractor for reimbursement, or both; ; (j) any lack of diligence by Contractor in collection, protection, or realization upon any collateral securing the EMS Agreements; Agreement; (k) the invalidity or unenforceability of any of the documents evidencing the EMS Agreements Agreement or the Security; or or (l) any other cause or facts similar or dissimilar to the foregoing, it being the intention that the obligations of Guarantor are absolute, unconditional, and irrevocable. Guarantor shall not take any action to assert, collect, claim or realize upon any indebtedness, liabilities or collateral therefor, or any right of subrogation, reimbursement, contribution, indemnification or similar right, all against any other guarantor unless and until the Obligations have been satisfied in full or CVEC has expressly consented thereto in writing. Guarantor hereby subordinates any and all such claims and rights, in all respects, to the Obligations.