|
5．Set off
the bank may, at anytime and without notice, apply any credit balance to which the guaranteed is entitled on any account with the bank in or towards satisfaction of the guaranteed moneys. For this purpose, the bank is authorized to purchase, at the exchange rate, such other currencies as many be necessary to effect such application with the moneys standing to the credit of such account. 6. guarantor as principal debtor the liability of the guarantor under this guarantee shall not be discharged of otherwise affected by reason of the bank entering into any agreement or arrangement with the customer or any other person or by reason of any legal limitation, disability or incapacity or any other act, omission or circumstance which, but for this provision would discharge the guarantor to any extent. any guaranteed moneys which may not be recoverable from the customer for any such reason shall be recoverable by the bank from the guarantor as principal debtor by way of indemnity, on demand, together with default interest thereon in accordance with clause 2.03. 7. guarantor as trustee 7.1) the guarantor shall not, until the whole of the guaranteed moneys have been received by the bank, exercise its rights of subrogation, indemnity, set-off or counterclaim against the customer or its rights to participate in any security the bank has in respect of the guaranteed moneys or, unless required by the bank to do so, to prove in the bankruptcy or liquidation of the customer. The guarantor shall hold any amount recovered, as a result off the exercise of any of such rights, or trust for the bank and shall pay the same to the bank immediately on receipt. 7.2) the guarantor has not taken any security from the customer and agrees not to do so until the bank has received the whole of the guaranteed moneys. Any security taken by the guarantor in breach of this provision shall be held in trust for the bank as security for the guaranteed moneys and all moneys at any time received in respect there of shall be paid to the bank immediately on receipt. 8. no waiver no act or omission by the bank pursuant to this guarantee shall affect its rights, powers and remedies hereunder or any further or other exercise of such rights, powers or remedies. 9. assignment the guarantor may not assign or transfer any of its rights or obligations hereunder. The bank may assign any of its rights hereunder to a person in whose favor it has made an assignment of all or any of the banking facilities. 10. communications any notice, demand or other communication under this guarantees shall be in writing addressed to the guarantor at its registered office address or at the last address registered with the bank and addressed to the bank at its office specified in the schedule or such other address as the bank may notify to the guarantor for this purpose and may be delivered personally, by leaving it as such address, by post, facsimile transmission or telex and shall be deemed to have been delivered to the guarantor at the time of personal delivery or on leaving it at such address or on the second day following the day of posting or on the day of dispatch. If sent by facsimile transmission or telex, and to the bank on the day or actual receipt. 11. severability each of the provision of this guarantee is severable and distinct from the others and, if one or more of such provision is or becomes illegal, invalid or unenforceable, the remaining provisions shall not be affected in any way. 12. governing law and jurisdiction this guarantee is governed by and shall be construed in accordance with the laws of PRC. Any dispute shall be submitted to china international economic and trade arbitration commission shanghai branch. 13. process agent in the event of any action in respect of the guarantee herein being begun, the process by which it is begun may be served on the guarantor on the process, agent if any is specified in the schedule. in the event of any action in respect of the guarantee herein being begun, the process by which it is begun may be served on the law of the PRC’S guarantee, agent if any is specified in the schedule. For the purpose of accepting service of any writ of summons or any legal process in PRC in respect of any proceedings instituted in the PRC courts in connection with this guarantee, the guarantor hereby irrevocably appoints the process agent specified in schedule as its agent in PRC for the said purpose and, in this respect. The process agent hereby irrevocably accepts such appointment as the process agent. 14.execution this guarantee has been entered into by the guarantor under its common or corporate seal, whichever may be affixed below on march 1,2006. schedule |
|
哦，谁呢？ 谁来翻译一下 ※※※※※※ 我手写我心，我歌咏我情 我梦抒我爱，我情言我志  |
