Personal Guarantee
In consideration for the extension of charge card rights for the purchaser
of property or service to the applicant, THE UNDERSIGNED PERSONALLY GUARANTEES
THE UNCONDITIONAL PAYMENT OF ANY UNPAID AMOUNT UPON APPLICANT'S ACCOUNT. This
is a guarantee of payment and not merely of collection; no collection or civil
action need be commenced against the Applicant prior to a demand being made
upon the undersigned.
This is a continuing guarantee, and the obligations of the undersigned are
limited, absolute, and unconditional. This continuing guarantee shall continue
in effect until all of the obligation owing on the above c\account to Silvas
Oil Company ("Silvas Oil") and Tri-Counties Gas Company ("Tri-Counties
Gas") have been paid in full.
Guarantor agrees to indemnify and hold Silvas Oil/Tri-Counties Gas harmless
from and against all claims, actions, cause of action, demand, obligations,
liabilities, losses, costs, and expenses in connection with, on account of,
or in any related to or arising from the above-referenced account. This continuing
guarantee shall not be affected on impaired by any modifications, supplements,
extensions or amendment to any contract or agreement to which the parties thereto
may hereafter agree.
Guarantor agrees to indemnify and hold Silvas Oil/Tri-Counties Gas on account,
or pursue any other remedy in the power of Silvas Oil/Tri-Counties Gas, whatsoever.
Guarantor waives and defense arising by reason of disability or any other defense
which the account debtor may have, or by reason of the cessation from any cause
whatsoever of the liability on the above-reference account.
The death of Guarantor shall not terminate this continuing guarantee. This continuing
guarantee shall be binding upon the heirs, executors, administrators, trustees,
beneficiaries, successors, and assigned of Guarantor and shall insure to the
benefits of Silvas Oil/Tri-Counties Gas, its successors and assigns.
The validity of this continuing guarantee, its construction, interpretation,
and enforcement and the right of the parties hereto shall be determined under,
governed by, and constructed in accordance with the laws if the State of California.
Any actions under this guarantee may be brought in a court of competent jurisdiction
in the County of Fresno, State of California.
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