WHEREAS, Foodirect has advised Guarantor that it would not sell to Buyer the Products on credit unless Buyer’s obligations under its creditarrangement with Foodirect are guaranteed by Guarantor in the manner provided herein, and Guarantor has agreed to make such guaranty in considerationthereof.
NOW, THEREFORE, in consideration for, and as an inducement to Foodirect to sell to Buyer the Products on credit, and for other good andvaluable consideration, the receipt and sufficiency is hereby acknowledged, Guarantor agrees as follows:
Guarantor hereby absolutely and unconditionally guarantees to Foodirect (i) the full and prompt payment of the purchase price when same becomesdue and payable under Foodirect’s credit arrangement with Buyer for all Products purchased by Buyer from Foodirect on credit, and (ii) any interest,administrative fees, reasonable attorneys’ fees, court costs and other disbursements which Buyer may be obligated to pay Foodirect arising out of the purchaseof Products by Buyer from Foodirect. This Guaranty is a continuing, absolute and unconditional guaranty of payment.
Guarantor hereby consents that, without in any manner affecting the liability of Guarantor under this Guaranty, the credit arrangement may bemodified, extended in whole or in part, the indebtedness, liability, or obligation of Buyer thereunder may be changed, and the duration or the time forperformance or payment may be extended, all without notice to Guarantor, and Guarantor hereby ratifies and confirms any and all of the foregoing and agreesthat the same shall be binding upon Guarantor, and hereby waives any and all defenses, counterclaims or offsets which Guarantor might or could have byreason thereof, it being understood that Guarantor shall, at all times, be and remain liable to Foodirect.
Guarantor hereby waives (i) notice of (and acknowledges due notice of) acceptance of this Guaranty by Foodirect, (ii) demand of payment from anyperson indebted in any manner on or for any of the liabilities or obligations hereby guaranteed, and (iii) presentment for payment, protest thereof and notice ofdishonor.
Should it be necessary to enforce this Guaranty, Guarantor shall be liable for the payment to Foodirect of all costs, including reasonable attorneys’fees, court costs and other disbursements, incurred by Foodirect in connection therewith.
Guarantor acknowledges that this instrument contains the entire agreement between the parties and that there is and can be no other oral or writtenagreement or understanding whereby the provisions of this instrument have been or can be affected, varied, waived or modified in any manner. Theprovisions of this Guaranty shall inure to the benefit or Foodirect, its successor and assigns, and shall bind Guarantor, his or her heirs, personalrepresentatives, successors and assigns.
If there shall be more than one Guarantor, then the obligations of each Guarantor shall be joint and several.
The undersigned agrees to notify Foodirect by certified mail of any change in ownership of the customer and further agrees to be liable for allpurchases should the undersigned fail to comply with said notification. In the event that this guaranty is executed by more than one person, the liabilities andobligations of the undersigned hereunder shall be joint and several of the relative words herein shall be read as if written in plural.
This Guaranty may be executed in counterparts, each of which shall be deemed to be an original, but which together shall constitute one originalAgreement. Signatures sent via facsimile, electronic mail or by other form of electronic means shall be deemed originals for all purposes