Document ID: chunk:federal_register_of_legislation:F2005L00415:body:0:p5
Version: federal_register_of_legislation:F2005L00415
Segment Type: other
Provision Reference: 
Character Range: 10340–13096

other trustee in place of the Trustee pursuant to the general law or the provisions of any law of the Commonwealth or of any State or Territory;

       (j) the appointment of any receiver, or receiver and manager or administrator or liquidator or provisional liquidator of the Trustee or of any superannuation entity of which the Trustee is trustee during the term of this Guarantee, appointed pursuant to any law of the Commonwealth or of any State or Territory;

       (k) the winding up of the Trustee or the Guarantor;

       (l) any reorganisation or reconstitution of or change in the Trustee or the business of the Trustee including the entry by the Trustee into a partnership, joint venture or other joint enterprise or commercial relationship with any person;

       (m) any material change in circumstances affecting the Trustee or any transaction, agreement, arrangement or matter which is the subject of the guarantee or of any other covenant in this Deed;

       (n) the suspension or removal of the Trustee under Part 17 of the Act;

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

       (p) 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 Deed (the preceding paragraphs of this clause not limiting by implication the scope of this paragraph);

       (q) any relief granted by a court under Part 17 of the Act or under any other relevant legislation or any term in the governing rules of a superannuation entity exempting or excusing the Trustee from breach of trust.

     Indemnity

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

     Revocation and variation

   10. The guarantee given by this Deed shall not be varied or revoked except
     with the written consent of APRA, 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