Laserfiche WebLink
the genuineness, validity, regularity or enforceability of the Agreement. In any action <br />brought against the Guarantor to enforce, or for damages for breach of, its obligations <br />hereunder, the Guarantor shall be entitled to all defenses, if any, that would be <br />available to the Owner in an action to enforce, or for damages for breach of, the <br />Agreement (other than discharge of, or stay of proceedings to enforce, obligations <br />under the Agreement under bankruptcy law). <br />3. Waivers. Except as provided herein the Guarantor shall have no right to <br />terminate this Guaranty or to be released, relieved, exonerated or discharged from its <br />obligations under it for any reason whatsoever, including, without limitation: (1) the <br />insolvency, bankruptcy, reorganization or cessation of existence of the Owner; (2) the <br />actual or purported rejection by a trustee in bankruptcy of the Agreement, or any <br />limitation on any claim in bankruptcy resulting from the actual or purported <br />termination of the Agreement; (3) any waiver with respect to any of the obligations of <br />the Agreement guaranteed hereunder or the impairment or suspension of any of the <br />City's rights or remedies against the Owner; or (4) any merger or consolidation of the <br />Owner with any other corporation, or any sale, lease or transfer of any or all the assets <br />of the Owner. Without limiting the generality of the foregoing, Guarantor hereby <br />waives the rights and benefits under California Civil Code Section 2819. <br />The Guarantor hereby waives any and all benefits and defenses under California Civil <br />Code Section 2846, 2849, and 2850, including without limitation, the right to require the <br />City to (a) proceed against Owner, (b) proceed against or exhaust any security or <br />collateral the City may hold now or hereafter hold, or (c) pursue any other right or <br />remedy for Guarantor's benefit, and agrees that the City may proceed against <br />Guarantor for the obligations guaranteed herein without taking any action against <br />Owner or any other guarantor or pledgor and without proceeding against or exhausting <br />any security or collateral the City may hold now or hereafter hold. City may <br />unqualifiedly exercise in its sole discretion any or all rights and remedies available to it <br />against Owner or any other guarantor or pledgor without impairing the City's rights <br />and remedies in enforcing this Guaranty. <br />The Guarantor hereby waives and agrees to waive at any future time at the request of <br />the City to the extent now or then permitted by Applicable Law, any and all rights <br />which the Guarantor may have or which at any time hereafter may be conferred upon <br />it, by statute, regulation or otherwise, to avoid any of its obligations under, or to <br />terminate, cancel, quit or surrender this Guaranty. Without limiting the generality of <br />March 9, 2020 60A-�54 City of Santa Ana - DRAFT <br />