TO ADDRESSES FOR THE BANK AND THE GUARANTORS AS SET FORTH ABOVE OR TO SUCH OTHER
ADDRESS AS EITHER MAY GIVE TO THE OTHER FOR SUCH PURPOSE IN ACCORDANCE WITH THIS
SECTION.
12.
PRESERVATION OF RIGHTS.
NO DELAY OR OMISSION ON THE BANK'S PART
TO EXERCISE ANY RIGHT OR POWER ARISING HEREUNDER WILL IMPAIR ANY SUCH RIGHT OR
POWER OR BE CONSIDERED A WAIVER OF ANY SUCH RIGHT OR POWER, NOR WILL THE BANK'S
ACTION OR INACTION IMPAIR ANY SUCH RIGHT OR POWER.
THE BANK'S RIGHTS AND
REMEDIES HEREUNDER ARE CUMULATIVE AND NOT EXCLUSIVE OF ANY OTHER RIGHTS OR
REMEDIES WHICH THE BANK MAY HAVE UNDER OTHER AGREEMENTS, AT LAW OR IN EQUITY.
THE BANK MAY PROCEED IN ANY ORDER AGAINST THE BORROWER, THE GUARANTORS OR ANY
OTHER OBLIGOR OF, OR COLLATERAL SECURING, THE OBLIGATIONS.
13.
ILLEGALITY.
IF ANY PROVISION CONTAINED IN THIS GUARANTY SHOULD BE
INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT, IT SHALL NOT AFFECT OR IMPAIR
THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THIS
GUARANTY.
14.
CHANGES IN WRITING.
NO MODIFICATION, AMENDMENT OR WAIVER OF, OR
CONSENT TO ANY DEPARTURE BY THE GUARANTORS FROM, ANY PROVISION OF THIS GUARANTY
WILL BE EFFECTIVE UNLESS MADE IN A WRITING SIGNED BY THE BANK, AND THEN SUCH
WAIVER OR CONSENT SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE
PURPOSE FOR WHICH GIVEN.
NO NOTICE TO OR DEMAND ON THE GUARANTORS WILL ENTITLE
THE GUARANTORS TO ANY OTHER OR FURTHER NOTICE OR DEMAND IN THE SAME, SIMILAR OR
OTHER CIRCUMSTANCE.
15.
ENTIRE AGREEMENT.
THIS GUARANTY (INCLUDING THE DOCUMENTS AND
INSTRUMENTS REFERRED TO HEREIN) CONSTITUTES THE ENTIRE AGREEMENT AND SUPERSEDES
ALL OTHER PRIOR AGREEMENTS AND UNDERSTANDINGS, BOTH WRITTEN AND ORAL, BETWEEN
THE GUARANTORS AND THE BANK WITH RESPECT TO THE SUBJECT MATTER HEREOF; PROVIDED,
HOWEVER, THAT THIS GUARANTY IS IN ADDITION TO, AND NOT IN SUBSTITUTION FOR, ANY
OTHER GUARANTEES FROM THE GUARANTORS TO THE BANK.
4
16.
SUCCESSORS AND ASSIGNS.
THIS GUARANTY WILL BE BINDING UPON AND
INURE TO THE BENEFIT OF THE GUARANTORS AND THE BANK AND THEIR RESPECTIVE HEIRS,
EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS; PROVIDED, HOWEVER, THAT THE
GUARANTORS MAY NOT ASSIGN THIS GUARANTY IN WHOLE OR IN PART WITHOUT THE BANK'S
PRIOR WRITTEN CONSENT AND THE BANK AT ANY TIME MAY ASSIGN THIS GUARANTY IN WHOLE
OR IN PART.
17.
INTERPRETATION.
IN THIS GUARANTY, UNLESS THE BANK AND THE
GUARANTORS OTHERWISE AGREE IN WRITING, THE SINGULAR INCLUDES THE PLURAL AND THE
PLURAL THE SINGULAR; REFERENCES TO STATUTES ARE TO BE CONSTRUED AS INCLUDING ALL
STATUTORY PROVISIONS CONSOLIDATING, AMENDING OR REPLACING THE STATUTE REFERRED
TO; THE WORD "OR" SHALL BE DEEMED TO INCLUDE "AND/OR", THE WORDS "INCLUDING",
"INCLUDES" AND "INCLUDE" SHALL BE DEEMED TO BE FOLLOWED BY THE WORDS "WITHOUT
LIMITATION"; AND REFERENCES TO SECTIONS OR EXHIBITS ARE TO THOSE OF THIS
GUARANTY.
SECTION HEADINGS IN THIS GUARANTY ARE INCLUDED FOR CONVENIENCE OF
REFERENCE ONLY AND SHALL NOT CONSTITUTE A PART OF THIS GUARANTY FOR ANY OTHER
PURPOSE.
IF THIS GUARANTY IS