Document ID: chunk:federal_register_of_legislation:F2006L03540:body:0:p5
Version: federal_register_of_legislation:F2006L03540
Segment Type: other
Provision Reference: 
Character Range: 10469–13287

of a responsible officer of the Custodian or the Custodian under the Act;

       (q) the winding up or dissolution or both of any superannuation entity of which a Trustee is trustee, under section 142 of the Act or otherwise;

       (r) any other fact, matter, circumstance or thing whatsoever which, but for this paragraph, would or might operate to prejudice, release, discharge, reduce or otherwise affect the Guarantor's obligations under this Guarantee (the preceding paragraphs of this clause not limiting by implication the scope of this paragraph).

     Indemnity

    9. The Guarantor acknowledges that any liability of the Custodian to the Guarantor under the principal agreement or otherwise is incurred by the Custodian in its personal capacity only, and that the Guarantor will not be entitled to any right of indemnity out of the assets of any superannuation entity of which the Custodian is custodian whether by way of subrogation or otherwise in relation to any rights that it has against the Custodian arising out of or in connection with this Guarantee or from any payment made under or pursuant to this Guarantee and will secure its rights against the Custodian over assets of the Custodian or its related entities other than assets of any superannuation entity.

     Termination and revocation

   10. This Guarantee shall terminate on the expiration of the term provided for in clause 4 and this Guarantee shall not otherwise be revoked except with the written consent of APRA (and where the Custodian is the holder of an Australian Financial Services Licence, with the written consent of ASIC), and only in such manner and subject to such conditions as APRA in writing allows, provided always that the Guarantor shall remain liable in respect of any rights that have fully or contingently accrued during the term of this Guarantee.

     Warranty of capacity to enter into and comply with Guarantee

    11. The Guarantor warrants that it has all requisite authorities, rights and powers to enter into this Guarantee and to comply with the covenants in it.

     Warranty that representations and promises have not been relied on

    12. The Guarantor warrants that it has not entered into this Guarantee in reliance on or as a result of any representations or promises by the Custodian and that it has relied wholly on its own investigations and enquiries in deciding whether it would enter into this Guarantee.

 Jurisdiction

   13. This Guarantee shall be deemed to be made in the State or Territory where the Custodian has its registered office.

     Notices

    14. Written communications to the Guarantor contemplated by this Guarantee may be validly made by delivering or posting the communication to the registered office of the Guarantor or to such other address as the Guarantor