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Res 2006-035
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Res 2006-035
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Last modified
8/2/2006 10:34:15 AM
Creation date
8/2/2006 10:18:33 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-35
Date
2/21/2006
Volume Book
166
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<br />will pay us on demand interest on all amounts paid by us or any other drawee under <br />each letter of credit or guarantee from the date of such payment until we receive <br />reimbursement at a rate per annum specified in the applicable User Documentation. <br />You will reimburse us in the currency in which the letter of credit or guarantee is <br />denominated (or, at our option, the equivalent of the denominated currency amount in <br />U.S. Dollars or the currency of the country in which the letter of credit or guarantee was <br />issued at the rate of exchange quoted by us in the city in which the letter of credit or <br />guarantee was issued for the sale of the denominated currency against U.s. Dollars or <br />such other currency on the date on which the denominated currency amount is paid by <br />us). Regardless of the expiration of the letter of credit or guarantee, you will remain liable <br />for all such amounts until we are released from liability to all persons entitled to draw or <br />demand payment under the letter of credit or guarantee. <br /> <br />, <br /> <br />You will pay us Legal Expenses incurred by us in connection with each letter of credit or <br />guarantee including without limitation our defense of any proceeding initiated by you to <br />enjoin payment or negotiation by us of a letter of credit or guarantee even if you are <br />awarded such relief, provided only that we have acted in good faith in defending such <br />action. <br /> <br />If you request the issuance of a letter of credit or guarantee listing one of your <br />Subsidiaries or another entity as the account party, each such request will be considered <br />a request by you for the issuance of a letter of credit or guarantee, and you will assume <br />all liabilities and obligations with respect to such letter of credit or guarantee. You , <br />represent and warrant to us that you will derive substantial economic benefit from each <br />underlying transaction relating to each request for the issuance of a letter of credit or <br />guarantee listing your Subsidiary or another person as the account party. Your <br />obligations under each letter of credit or guarantee will not be released or discharged if: <br /> <br />. We attempt to collect any payment under such letter of credit or guarantee directly <br />from the Subsidiary or such other entity. <br /> <br />. Any bankruptcy, reorganization, insolvency, receivership, moratorium or other such <br />action effecting creditors generally is filed by or against the Subsidiary or such other <br />entity. <br /> <br />. We receive payment from the Subsidiary or such other entity, but it is subsequently <br />rescinded or must be returned by us. <br /> <br />OUR RESPONSIBILITIES <br />If we accept your request, we will issue the import or standby letter of credit as described <br />in your electronic or fax transmission and pursuant to this Booklet and the UCP (with <br />regard to import letters of credit) and ISP98 (with regard to standby letters of credit). If <br />we accept your request, we will issue the guarantee as described in your electronic or fax <br />transmission and pursuant to this Booklet. <br /> <br />We will pay each commercial letter of credit pursuant to its terms, this Booklet and the <br />UCP. We will pay each standby letter of credit pursuant to its terms, this Booklet and the <br />ISP98. We will pay each guarantee pursuant to its terms and this Booklet. <br /> <br />m' <br />
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