Collins DISH Retailer Application - Page 6

PERSONAL GUARANTEE IMPORTANT : Each Principal , Partner or Officer must submit a signed and notarized copy of this page . Make copies of this page as needed .

PERSONAL GUARANTEE IMPORTANT : Each Principal , Partner or Officer must submit a signed and notarized copy of this page . Make copies of this page as needed .

In order to induce The Collins Group , Inc ., dba Collins Distribution (“ Collins Distribution ”) to enter into the Collins Distribution Retailer Agreement between ______________________________________________ (“ Retailer ”) and Collins Distribution dated ____________________ , 202 ___ (“ Retailer Agreement ”) and for other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the undersigned guarantor , __________________________________________________________ (“ Guarantor ”) hereby personally , unconditionally and irrevocably guarantees the full and timely performance of and by Retailer for all purposes under the Retailer Agreement and related agreements executed by Retailer on or about ____________________________ and the terms , covenants , and conditions of each such document , including without limitation the satisfaction of any adverse judgments . This is a continuing guarantee and is irrevocable . This instrument is intended to cover all of Retailer ’ s present and future indebtedness or liability , and all extensions and renewals thereof .
Guarantor hereby waives all statutory and common law rights and defenses of guarantors and notices thereto , including but not limited to presentment , notice of dishonor , and exhaustion of remedies against Retailer .
This Guarantee , together with any documents and exhibits given or delivered pursuant to this Guarantee , constitutes the entire agreement between the parties to this Guarantee relating to the subject matter . Except as expressly provided by this Guarantee , no party shall be bound by any communications between them on the subject matter of this Guarantee unless the communication is ( a ) in writing , ( b ) bears a date contemporaneous with or subsequent to the date of this Guarantee , and ( c ) is agreed to by all parties to this Agreement . Guarantor specifically acknowledges there are no unwritten side agreements or oral agreements between the parties which alter , amend , modify or supplement this Guarantee . This Guarantee shall inure to the benefit of Collins Distribution ’ s assigns , successors , parents , subsidiaries , predecessors , and Affiliates . The Guarantee shall be governed by and construed in accordance with the laws of the State of Indiana , applicable to contracts to be made and performed entirely within the State of Indiana by residents of the State of Indiana , without giving any effect to its conflict of law provisions . In the event of any legal action involving this Guarantee , any obligations guaranteed hereunder , or any indebtedness of Retailer , the parties agree that venue shall be in Grant County , Indiana . The parties and their present and future Affiliates consent to the in personam jurisdiction in the appropriate state court of competent jurisdiction located in Grant County , State of Indiana .
Guarantor hereby acknowledges and agrees that , in the event that Collins Distribution and / or its Affiliates prevails in any suit or action to enforce or interpret this Guarantee or any provision hereof , Collins Distribution and / or its Affiliates shall be entitled to recover its costs , expenses and reasonable attorney fees , both at trial and on appeal , in addition to all other sums allowed by law .
GUARANTOR HEREBY REPRESENTS , WARRANTS , AND ACKNOWLEDGES THAT : ( A ) HIS / HER INDEPENDENT COUNSEL HAS REVIEWED , OR HE / SHE HAS BEEN GIVEN A REASONABLE OPPORTUNITY FOR HIS / HER INDEPENDENT COUNSEL TO REVIEW ( BUT DECLINED SUCH REVIEW ), THIS GUARANTEE ; ( B ) THE TERMS AND CONDITIONS OF THIS GUARANTEE , AND EACH AND EVERY PARAGRAPH AND EVERY PART HEREOF , HAVE BEEN COMPLETELY AND CAREFULLY READ BY , AND EXPLAINED TO HIM / HER ; ( C ) THE TERMS AND CONDITIONS OF THIS GUARANTEE ARE FULLY AND COMPLETELY UNDERSTOOD BY EACH PARTY AND EACH PARTY IS COGNIZANT OF ALL OF SUCH TERMS AND CONDITIONS AND THE EFFECT OF EACH AND ALL OF SUCH TERMS AND CONDITIONS ; ( D ) THIS GUARANTEE IS MADE AND ENTERED INTO VOLUNTARILY BY GUARANTOR , FREE OF UNDUE INFLUENCE , COERCION , DURESS , MENACE OR FRAUD OF ANY KIND WHATSOEVER , AND HAS BEEN EXECUTED BY GUARANTOR OF HIS / HER OWN FREE WILL .
IN WITNESS WHEREOF , Guarantor has executed this Guarantee as of this _________ day of dated ____________________ , 202 ___. Guarantor Signature : _______________________________________________________________________ SSN : __________________________________________ In his / her individual capacity : ________________________________________________________________________________________________________________
NOTARY PUBLIC AKNOWLEDGEMENT STATE OF : ___________________________________ COUNTY OF : _________________________________ Personally came before me this ____ day of _______________, 202 ___, the above named __________________________, known to me to be the person who executed the foregoing Guarantee and acknowledged the same . Witness my hand and official seal Signature of Notary Public : ______________________________________ Printed Name of Notary Public : __________________________________ Date my commission expires :____________________________________ Resident of what city / county : ____________________________________
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