Our protection Clause Samples
Our protection.
12.9.1 Even if our security gives us the benefit of a right of yours, we aren't bound to exercise that right, to comply with an obligation as to it or to protect your right. If we are or become liable under our security for an obligation of yours to anyone else, you must pay any loss we suffer caused by a claim against us. Our security doesn't relieve you from your obligations. Where we exercise a right over something covered by our security, without taking possession of the thing, we aren't in possession of that thing. The right or exercise doesn't mean that we have an obligation to you or anyone else based on possession, management or control of anything covered by our security. We need only account for amounts we actually receive under the right.
12.9.2 Nothing we do relating to the mortgage puts us under a duty of care towards you. You should not rely, for example, on our making the loan as showing the value of the property, on our requiring insurance as showing that it's appropriate, or on an inspection as showing that the property is without defect.
12.9.3 We aren't liable for loss caused by our enforcing the mortgage or exercising a right under the mortgage, unless the loss was caused by our wilful neglect or default. If we become liable to anyone else through our enforcing the mortgage or exercising a right under the mortgage, you must pay any loss we suffer caused by a claim against us, unless the loss was caused by our wilful neglect or default.
Our protection. We are not responsible for any loss arising in the course of our enforcing the security or exercising a right under any other term of the mortgage, even if it was caused by negligence, unless it results from our dishonesty or our gross neglect.
Our protection. Everything done using the means provided to a person referred to under the heading Persons under the land registration system is conclusively deemed to be done by the person. Entry of an electronic document described in this authority is conclusive evidence that you authorized the electronic document, provided we acted at the time in good faith. It is conclusive evidence even if any of the following happens. Completing the document contravenes an instruction or escrow or other agreement, even if we or anyone acting for us actually knows that (or should after a reasonable inquires have known). Or anyone acting for both you and us does not act in good faith. If we ask (or anyone acting for us asks) for evidence of authority other than what this agreement gives, that does not limit our rights under this agreement.
Our protection. 4.1 None of your obligations under this Guarantee will be reduced, discharged or otherwise affected if any of the following happen (even if it would have been if this Clause did not exist):-
4.2 we vary (however fundamentally), extend, discharge, compromise, review or otherwise deal with any rights we have or may in the future have against the Borrower, or any other person in respect of the Borrower’s Obligations;
4.2.1 we take, vary, release or otherwise deal with any security or guarantee in respect of the Borrower’s Obligations;
4.2.2 we enforce, fail to enforce or release any rights under any security or guarantee;
4.2.3 any other guarantee or arrangement intended or expected to secure the Borrower’s Obligations is never put in place or is (for whatever reason) unenforceable;
4.2.4 we terminate or vary any contract, relationship or arrangement with the Borrower or enter into any new contract, relationship or arrangement;
4.2.5 we give the Borrower (or any other person) time to pay or any other waiver or concession;
4.2.6 the Borrower or any other person becomes insolvent, bankrupt or subject to liquidation, winding-up or administration;
4.2.7 any obligation of the Borrower is or becomes invalid or unenforceable;
4.2.8 any claim or enforcement of payment is made against the Borrower or any other person;
4.2.9 there are any changes to our, your or the Borrower’s name, constitution or membership;
4.2.10 you die or become mentally ill;
4.2.11 the Borrower dies or becomes mentally ill;
4.2.12 we do or fail to do anything else.
4.3 You agree to be liable to us for the Borrower’s Obligations as if you were the principal debtor. This means that you will not be discharged, nor will your liability be affected, by anything that would not discharge you or affect your liability in respect of the Borrower’s Obligations if you were the person to whom we provided the Mortgage loan.
4.4 We will not be obliged to make any demand on, or take any steps against, the Borrower or any other person before enforcing this Guarantee.
4.5 Until all the Borrower’s liabilities to us are paid in full, you agree that, whether or not you have made any payment under this Guarantee, you will not do any of the following:-
4.5.1 share in any security we hold or any money we receive;
4.5.2 take or receive any security from the Borrower or any other person in connection with this Guarantee;
4.5.3 enforce or dispose of, or otherwise deal with, any right or pursue any claim against the Borrowe...