Document ID: chunk:federal_register_of_legislation:F2005L02320:body:0:p6
Version: federal_register_of_legislation:F2005L02320
Segment Type: other
Provision Reference: 
Character Range: 13020–15772

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 of this Deed and irrespective of whether any demand has been made by or on behalf of the Trustee under Clause 5 of this Deed or otherwise.

     Warranty of capacity to enter into and comply with Deed

    11. The Guarantor warrants to the Trustee that it has all requisite authorities, rights and powers to enter into this Deed 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 Deed in reliance on or as a result of any representations or promises by the Trustee and that it has relied wholly on its own investigations and enquiries in deciding whether it would enter into this Guarantee.

 Jurisdiction

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

     Notices

    14. Written communications to the Guarantor contemplated by this Deed 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 shall nominate in writing.

Dated ................................

SIGNED

<<The common seal of [Name of Guarantor] was affixed hereto
in accordance with its Articles of Association