Common use of Security and Charge Clause in Contracts

Security and Charge. (a) Notwithstanding anything to the contrary contained herein or any other rights which the Supplier may have howsoever: (i) 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 the 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 be released once all payments and other monetary obligations payable hereunder have been met. (ii) 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 client basis. (b) To give effect to the provisions of clause 11(a), the Customer and/or the Guarantor (if any) hereby irrevocably appoint the Supplier or the Supplier’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Supplier and/or the Supplier’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer and/or the Guarantor in any land, realty or asset in favour of the Supplier and in the Customer’s and/or Guarantor’s name as may be necessary to secure the said Customer’s and/or Guarantor’s obligations and indebtedness to the Supplier and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Supplier’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause. (c) For the avoidance of doubt, the Supplier does/will not provide any security (whether bank guarantee, insurance bond, retention monies, personal guarantees or otherwise) to the Customer in connection with this Agreement.

Appears in 2 contracts

Sources: General Terms and Conditions of Trade, General Terms and Conditions of Trade

Security and Charge. (a) Notwithstanding 12.1 Despite anything to the contrary contained herein or any other rights which the Supplier may have howsoeverhowsoever arising under this Agreement: (ia) Where where the Customer and/or the Guarantor (if any) Client is the owner of land, realty any real or any other asset personal property capable of being charged, both the Customer and/or the Guarantor agree Client agrees to mortgage and/or charge all of their its joint and/or several interest in the said land, realty real or any other asset to personal property in favour of the Supplier (or the Supplier’s nominee tis nominee) to secure all amounts and other monetary obligations payable by the Client under this Agreement; and (b) the terms Client acknowledges and conditions. The Customer and/or the Guarantor acknowledge and agree agrees that the Supplier (or the Supplier’s its nominee) shall be entitled to to, among other things, lodge where appropriate a caveatcaveat over any real property of which they are the registered owner (whether as joint tenants or tenants in common), which caveat shall be released once all payments and other monetary obligations payable hereunder under this Agreement have been met.; (iic) Should should the Supplier elect to proceed in any manner in accordance with this clause and/or its sub-clauses12, the Customer and/or Guarantor shall indemnify Client indemnifies the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis.basis incurred in exercising the Supplier’s rights under this clause 12; (bd) To give effect the Client agrees to the provisions of clause 11(a)irrevocably nominate, the Customer and/or the Guarantor (if any) hereby irrevocably constitute and appoint the Supplier (or the Supplier’s nominee its nominee) as the CustomerClient’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges perform all necessary acts to give full effect to this clause 12 including, but not limited to, signing any document on the Client’s behalf; (whether registerable or note) including such other if the Client is a trustee of any trust, the Client is bound by these terms and conditions and charges its land as the Supplier and/or the Supplier’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer and/or the Guarantor in any land, realty or asset trustee in favour of the Supplier Supplier, and in the CustomerClient warrants that it is a proper exercise of the Client’s and/or Guarantor’s name as may be necessary authority and power under the trust instrument and at law, to secure the said Customer’s and/or Guarantor’s obligations and indebtedness to trade with the Supplier and further to do charge the assets owned by the trust in accordance with these terms and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Supplier’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clauseconditions. (c) For the avoidance of doubt, the Supplier does/will not provide any security (whether bank guarantee, insurance bond, retention monies, personal guarantees or otherwise) to the Customer in connection with this Agreement.

Appears in 1 contract

Sources: Terms & Conditions of Trade

Security and Charge. (a) Notwithstanding anything to the contrary contained herein or any other rights which the Supplier Organiser may have howsoeverhave: (ia) Where the Customer Exhibitor and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer Exhibitor 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 Organiser or the SupplierOrganiser’s nominee to secure all amounts and other monetary obligations payable under the terms and conditionsconditions herein. The Customer Exhibitor and/or the Guarantor acknowledge and agree that the Supplier Organiser (or the SupplierOrganiser’s nominee) shall be entitled to lodge where appropriate a caveatcaveat over any of the Exhibitor’s and/or Guaran-tor’s properties, which caveat shall be released once all payments and other monetary obligations obliga-tions payable hereunder have been met. (iib) Should the Supplier Organiser elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer Exhibitor and/or Guarantor shall indemnify the Supplier Organiser from and against all the SupplierOrganiser’s costs and disbursements including legal costs on a solicitor and own client basis. (bc) To give effect to the provisions of this clause 11(a), inclusive hereof the Customer Exhibitor and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Supplier Organiser or the SupplierOrganiser’s nominee nominee, as the CustomerExhibitor’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable registrable or not) including such other terms and conditions as the Supplier Organiser and/or the SupplierOrganiser’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer Exhibitor and/or the Guarantor Guar- antor in any land, land realty or asset in favour of the Supplier Organiser and in the CustomerExhibitor’s and/or Guarantor’s name as may be necessary to secure the said CustomerExhibitor’s and/or Guarantor’s obligations and indebtedness indebt- edness to the Supplier Organiser and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the SupplierOrganiser’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause. (c) For the avoidance of doubt, the Supplier does/will not provide any security (whether bank guarantee, insurance bond, retention monies, personal guarantees or otherwise) to the Customer in connection with this Agreement.

Appears in 1 contract

Sources: Exhibition Agreement

Security and Charge. (a) 14.1 Notwithstanding anything to the contrary contained herein or any other rights which the Supplier Seller may have howsoever:; (ia) Where the Customer Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer Buyer joint and/or the Guarantor agree to mortgage and/or charge all of their joint and/or 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 under the terms and conditions. The Customer Buyer and/or the Guarantor acknowledge and agree that the Supplier Seller (or the SupplierSeller’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met. (iib) Should the Supplier Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer Buyer and/or Guarantor shall indemnify the Supplier Seller from and against all the SupplierSeller’s costs and disbursements including legal costs on a solicitor and own client basis. (bc) To give effect to the provisions of clause 11(a[14.1 (a) and (b), ] inclusive hereof the Customer Buyer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Supplier Seller or the SupplierSeller’s nominee as the CustomerBuyer’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions Conditions as the Supplier Seller and/or the Supplier’s Sellers nominee shall think fit in his/her/her/ its/their absolute discretion against the joint and/or several interest of the Customer Buyer and/or the Guarantor in any land, realty or asset in favour of the Supplier Seller and in the Customer’s Buyers and/or Guarantor’s Guarantors name as may be necessary to secure the said CustomerBuyer’s and/or Guarantor’s obligations and indebtedness to the Supplier Seller and further to do and perform all ,necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the SupplierSeller’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause. (c) For the avoidance of doubt, the Supplier does/will not provide any security (whether bank guarantee, insurance bond, retention monies, personal guarantees or otherwise) to the Customer in connection with this Agreement.

Appears in 1 contract

Sources: Credit Application Agreement

Security and Charge. (a) 14.1 - Notwithstanding anything to the contrary contained herein or any other rights which the Supplier Seller may have howsoever: (ia) Where the Customer Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer Buyer 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 Seller or the SupplierSeller’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Customer Buyer and/or the Guarantor acknowledge and agree that the Supplier Seller (or the SupplierSeller’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met. (iib) Should the Supplier Seller elect to proceed in any manner in accordance with this clause and/or its sub-sub- clauses, the Customer Buyer and/or Guarantor shall indemnify the Supplier seller from and against all the SupplierSeller’s costs and disbursements including legal costs on a solicitor and own client Buyer basis. (bc) To give effect to the provisions of clause 11(a[14.1 (a) and (b), ] inclusive hereof the Customer Buyer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Supplier Seller or the SupplierSeller’s nominee as the CustomerBuyer’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Supplier Seller and/or the Supplier’s Sellers nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer Buyer and/or the Guarantor in any land, realty or asset in favour of the Supplier Seller and in the CustomerBuyer’s and/or Guarantor’s name as may be necessary to secure the said CustomerBuyer’s and/or Guarantor’s obligations and indebtedness to the Supplier Seller and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the SupplierSeller’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause. (c) For the avoidance of doubt, the Supplier does/will not provide any security (whether bank guarantee, insurance bond, retention monies, personal guarantees or otherwise) to the Customer in connection with this Agreement.

Appears in 1 contract

Sources: Terms of Trade

Security and Charge. (a) Notwithstanding anything to the contrary contained herein or any other rights which the Supplier Organiser may have howsoeverhave: (ia) Where the Customer Exhibitor and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer Exhibitor 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 Organiser or the SupplierOrganiser’s nominee to secure all amounts and other monetary obligations payable under the terms and conditionsconditions herein. The Customer Exhibitor and/or the Guarantor acknowledge and agree that the Supplier Organiser (or the SupplierOrganiser’s nominee) shall be entitled to lodge where appropriate a caveatcaveat over any of the Exhibitor’s and/or Guaran-tor’s properties, which caveat shall be released once all payments and other monetary obligations obliga-tions payable hereunder have been met. (iib) Should the Supplier Organiser elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer Exhibitor and/or Guarantor shall indemnify the Supplier Organiser from and against all the SupplierOrganiser’s costs and disbursements including legal costs on a solicitor and own client basis. (bc) To give effect to the provisions of this clause 11(a), inclusive hereof the Customer Exhibitor and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Supplier Organiser or the SupplierOrganiser’s nominee nominee, as the CustomerExhibitor’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable registrable or not) including such other terms and conditions as the Supplier Organiser and/or the SupplierOrganiser’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer Exhibitor and/or the Guarantor Guar-antor in any land, land realty or asset in favour of the Supplier Organiser and in the CustomerExhibitor’s and/or Guarantor’s name as may be necessary to secure the said CustomerExhibitor’s and/or Guarantor’s obligations and indebtedness indebt- edness to the Supplier Organiser and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the SupplierOrganiser’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause. (c) For the avoidance of doubt, the Supplier does/will not provide any security (whether bank guarantee, insurance bond, retention monies, personal guarantees or otherwise) to the Customer in connection with this Agreement.

Appears in 1 contract

Sources: Exhibition Agreement

Security and Charge. (a) 12.1 Notwithstanding anything to the contrary contained herein or any other rights which the Supplier Seller may have howsoever: (ia) Where the Customer Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer Buyer 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 Seller or the Supplier’s Seller's nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Customer Buyer and/or the Guarantor acknowledge and agree that the Supplier Seller (or the Supplier’s Seller's nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met. (iib) Should the Supplier Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer Buyer and/or Guarantor shall indemnify the Supplier Seller from and against all the Supplier’s Seller's costs and disbursements including legal costs on a solicitor and own client basis. (bc) To give effect to the provisions of clause 11(a[11, 12.1(a) & (b), ] inclusive hereof the Customer Buyer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Supplier Seller or the Supplier’s nominee Seller's nominee, as the Customer’s Buyer's and/or Guarantor’s 's true and lawful attorney to execute mortgages and charges (whether registerable registrable or not) including such other terms and conditions as the Supplier Seller and/or the Supplier’s Seller's nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer Buyer and/or the Guarantor in any land, realty or asset in favour of the Supplier Seller and in the Customer’s Buyer's and/or Guarantor’s 's name as may be necessary to secure the said Customer’s ▇▇▇▇▇'s and/or Guarantor’s 's obligations and indebtedness to the Supplier Seller and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Supplier’s Seller's absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause. (c) For the avoidance of doubt, the Supplier does/will not provide any security (whether bank guarantee, insurance bond, retention monies, personal guarantees or otherwise) to the Customer in connection with this Agreement.

Appears in 1 contract

Sources: Sales Contracts

Security and Charge. (a) Notwithstanding anything to the contrary contained herein or any other rights which the Supplier Organiser may have howsoeverhave: (ia) Where the Customer Exhibitor and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer Exhibitor 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 Organiser or the SupplierOrganiser’s nominee to secure all amounts and other monetary obligations payable under the terms and conditionsconditions herein. The Customer Exhibitor and/or the Guarantor acknowledge and agree that the Supplier Organiser (or the SupplierOrganiser’s nominee) shall be entitled to lodge where appropriate a caveatcaveat over any of the Exhibitor’s and/or Guarantor’s properties, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met. (iib) Should the Supplier Organiser elect to proceed in any manner in accordance with this clause and/or its sub-sub- clauses, the Customer Exhibitor and/or Guarantor shall indemnify the Supplier Organiser from and against all the SupplierOrganiser’s costs and disbursements including legal costs on a solicitor and own client basis. (bc) To give effect to the provisions of this clause 11(a), inclusive hereof the Customer Exhibitor and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Supplier Organiser or the SupplierOrganiser’s nominee nominee, as the CustomerExhibitor’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable registrable or not) including such other terms and conditions as the Supplier Organiser and/or the SupplierOrganiser’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer Exhibitor and/or the Guarantor in any land, land realty or asset in favour of the Supplier Organiser and in the CustomerExhibitor’s and/or Guarantor’s name as may be necessary to secure the said CustomerExhibitor’s and/or Guarantor’s obligations and indebtedness to the Supplier Organiser and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the SupplierOrganiser’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause. (c) For the avoidance of doubt, the Supplier does/will not provide any security (whether bank guarantee, insurance bond, retention monies, personal guarantees or otherwise) to the Customer in connection with this Agreement.

Appears in 1 contract

Sources: Rebook Agreement

Security and Charge. (a) 9.1 Notwithstanding anything to the contrary contained herein or any other rights which the Supplier Company may have howsoever: (ia) 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 Company or the SupplierCompany’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Supplier Company (or the SupplierCompany’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met. (iib) Should the Supplier Company 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 Company from and against all the SupplierCompany’s costs and disbursements including legal costs on a solicitor and own client Customer basis. (bc) To give effect to the provisions of clause 11(a[9.1 (a) and (b), ] inclusive hereof the Customer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Supplier Company or the SupplierCompany’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Supplier Company and/or the SupplierCompany’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer and/or the Guarantor in any land, realty or asset in favour of the Supplier Company and in the Customer’s and/or Guarantor’s name as may be necessary to secure the said Customer’s and/or Guarantor’s obligations and indebtedness to the Supplier Company and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the SupplierCompany’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause. (c) For the avoidance of doubt, the Supplier does/will not provide any security (whether bank guarantee, insurance bond, retention monies, personal guarantees or otherwise) to the Customer in connection with this Agreement.

Appears in 1 contract

Sources: Services Agreements

Security and Charge. (a) 14.1 Notwithstanding anything to the contrary contained herein or any other rights which the Supplier Seller may have howsoever: (ia) Where the Customer Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer Buyer 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 Seller or the SupplierSeller’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Customer Buyer and/or the Guarantor acknowledge and agree that the Supplier Seller (or the SupplierSeller’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met. (iib) Should the Supplier Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer Buyer and/or Guarantor shall indemnify the Supplier seller from and against all the SupplierSeller’s costs and disbursements including legal costs on a solicitor and own client basis. (bc) To give effect to the provisions of clause 11(a[14.1 (a) and (b), ] inclusive hereof the Customer Buyer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Supplier Seller or the SupplierSeller’s nominee nominee, namely EC Credit Control Pty Limited as the CustomerBuyer’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Supplier Seller and/or the Supplier’s nominee EC Credit Control Pty Limited shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer Buyer and/or the Guarantor in any land, realty or asset in favour of the Supplier Seller and in the CustomerBuyer’s and/or Guarantor’s name as may be necessary to secure the said Customer▇▇▇▇▇’s and/or Guarantor’s obligations and indebtedness to the Supplier Seller and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the SupplierSeller’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause. (c) For the avoidance of doubt, the Supplier does/will not provide any security (whether bank guarantee, insurance bond, retention monies, personal guarantees or otherwise) to the Customer in connection with this Agreement.

Appears in 1 contract

Sources: Terms and Conditions

Security and Charge. (a) 13.1 Notwithstanding anything to the contrary contained herein or any other rights which the Supplier Company may have howsoever: (i) : 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 Company or the SupplierCompany’s nominee to secure all amounts and other monetary obligations payable under the terms Terms and conditionsConditions. The Customer and/or the Guarantor acknowledge and agree that the Supplier Company (or the SupplierCompany’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met. (ii) . Should the Supplier Company 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 Company from and against all the SupplierCompany’s costs and disbursements including legal costs on a solicitor and own client Customer basis. (b) . To give effect to the provisions of clause 11(a[14.1 (a) and (b), ] inclusive hereof the Customer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Supplier Company or the SupplierCompany’s nominee nominee, namely EC Credit Control Pty Limited as the Customer’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Supplier Company and/or the Supplier’s nominee EC Credit Control Pty Limited shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer and/or the Guarantor in any land, realty or asset in favour of the Supplier Company and in the Customer’s and/or Guarantor’s name as may be necessary to secure the said Customer’s and/or Guarantor’s obligations and indebtedness to the Supplier Company and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the SupplierCompany’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause. (c) For the avoidance of doubt, the Supplier does/will not provide any security (whether bank guarantee, insurance bond, retention monies, personal guarantees or otherwise) to the Customer in connection with this Agreement.

Appears in 1 contract

Sources: Security Agreement

Security and Charge. (a) Notwithstanding anything to the contrary contained herein or any other rights which the Supplier Organiser may have howsoeverhave: (ia) Where the Customer Exhibitor and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer Exhibitor 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 Organiser or the SupplierOrganiser’s nominee to secure all amounts and other monetary obligations payable under the terms and conditionsconditions herein. The Customer Exhibitor and/or the Guarantor acknowledge and agree that the Supplier Organiser (or the SupplierOrganiser’s nominee) shall be entitled to lodge where appropriate a caveatcaveat over any of the Exhibitor’s and/or Guarantor’s properties, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met. (iib) Should the Supplier Organiser elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer Exhibitor and/or Guarantor shall indemnify the Supplier Organiser from and against all the SupplierOrganiser’s costs and disbursements including legal costs on a solicitor and own client basis. (bc) To give effect to the provisions of this clause 11(a), inclusive hereof the Customer Exhibitor and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Supplier Organiser or the SupplierOrganiser’s nominee nominee, as the CustomerExhibitor’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable registrable or not) including such other terms and conditions as the Supplier Organiser and/or the SupplierOrganiser’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer Exhibitor and/or the Guarantor in any land, land realty or asset in favour of the Supplier Organiser and in the CustomerExhibitor’s and/or Guarantor’s name as may be necessary to secure the said CustomerExhibitor’s and/or Guarantor’s obligations and indebtedness to the Supplier Organiser and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the SupplierOrganiser’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause. (c) For the avoidance of doubt, the Supplier does/will not provide any security (whether bank guarantee, insurance bond, retention monies, personal guarantees or otherwise) to the Customer in connection with this Agreement.

Appears in 1 contract

Sources: Booking Agreement

Security and Charge. 18.1 Subject to clause 8 and the PPSA: (a) Notwithstanding anything to where the contrary contained herein or any other rights which the Supplier may have howsoever: (i) Where the Customer Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being chargedreal property, both the Customer Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty real property to Prime Electrical Contracting PTY LTD or any other asset to the Supplier or the SupplierPrime Electrical Contracting PTY LTD’s nominee to secure all amounts and other monetary obligations payable under the terms and conditionsAgreement. The Customer Client and/or the Guarantor acknowledge and agree that the Supplier Prime Electrical Contracting PTY LTD (or the SupplierPrime Electrical Contracting PTY LTD’s nominee) shall be is entitled to lodge an absolute caveat, where appropriate a caveat, which and the caveat shall will be released withdrawn once all payments and other monetary obligations payable hereunder have been met. (iib) Should the Supplier should Prime Electrical Contracting PTY LTD elect to proceed in any manner in accordance with this clause 18 and/or its sub-clauses, the Customer Client and/or the Guarantor shall will indemnify the Supplier Prime Electrical Contracting PTY LTD from and against all the SupplierPrime Electrical Contracting PTY LTD’s incurred costs and disbursements including legal costs on a solicitor and own client basis. (bc) To give effect to the provisions of clause 11(a), the Customer Client and/or the Guarantor (if any) hereby agree to irrevocably nominate, constitute and appoint the Supplier Prime Electrical Contracting PTY LTD or the SupplierPrime Electrical Contracting PTY LTD’s nominee as the CustomerClient’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Supplier and/or the Supplier’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer and/or the Guarantor in any land, realty or asset in favour of the Supplier and in the Customer’s and/or Guarantor’s name as may be necessary to secure the said Customer’s and/or Guarantor’s obligations and indebtedness to the Supplier and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Supplier’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clauseclause 18. (c) For the avoidance of doubt, the Supplier does/will not provide any security (whether bank guarantee, insurance bond, retention monies, personal guarantees or otherwise) to the Customer in connection with this Agreement.

Appears in 1 contract

Sources: Standard Terms and Conditions of Trade