Contractor” or where “the Contractor” is a partnership, any change in the partners.
The Guarantor shall not be discharged or released from this Guarantee by any compromise, settlement or arrangement made between the Hospital Authority and the Contractor or by any altemtion in the obligations imposed upon the Contractor by the Contract or by any waiver, forbearance or suspension granted by the Hospital Authority to the Contractor as to payment, time, performance or otherwise whether or not such compromise, settlement, arrangement, alteration, waiver or forbearance may have been or is made or granted with or without knowledge or assent of the Guarantor.
Without prejudice to Clause 4 above, the obligations of the Guarantor under this Guarantee shall remain in full force and effect and shall not be affected or discharged in any way by, and the Guarantor hereby waives notice of:
any suspension of, variation to or amendment of the Contract (including without limitation extension of time for performance of any obligations under the Contract or extension of the duration of the Contract) or any concession or waiver by the Hospital Authority, in whole or in part, in respect of the Contractor's obligations under the Contract;
合同(包括但不限于延长合同项下任何义务的履行时间或延长合同期间)的任何暂停、变更或修改,或医院管理局在全部或部分范围内对承包商在合同项下的义务作出的任何豁免或放弃;
any provision of the Contract being or becoming illegal, invalid, void, voidable, severed, severable or unenforceable;
合同中的任何条款成为或变得违法、无效、无效、可撤销、可分割、可分割或不可执行;
the temiination of the Contract (whether for reason of breach of any party or otherwise) or of the engagement of the Contractor under the Contract for any reason;
合同的终止(无论是由于任何一方违约还是其他原因)或因任何原因终止合同项下对承包商的雇佣;
any forbearance or waiver of any right of action or remedy that the HospitalAuthority may have against the Contractor and/or the negligence, failure, omission, indulgence or delay by the Hospital Authority in enforcing any right, power, privilege to or remedy available to the Hospital Authority in relation to the obligations of the Contractor set out in the Contract;
医院管理局对承包商和/或承包商的任何权利或补救措施的任何宽容或放弃,以及医院管理局在执行合同中承包商义务所赋予的任何权利、权力或特权方面的任何疏忽、失败、疏忽、宽容或延迟;
the voluntary or involuntary liquidation, baokniptcy, dissolution, sale of assets, receivership, geneml assignment for benefit of creditors, insolvency, reorganization arrangement, composition, or other proceedings of or affecting the Contractor or its assets, or any change in the constitution of the Contractor;
承包商或其资产的自愿或非自愿清算、破产、解散、资产出售、接管、债权人权益的一般分配、无力偿债、重组安排、和解或其他影响承包商或其资产的程序,或承包商构成的任何变更;
any assignment or sub-contracting by the Contractor of any or all of its obligations set out in the Contract, whether or not such assignment or sub-contracting has been consented to by the Hospital Authority or the Guarantor;
承包商将其在合同中规定的任何或全部义务转让或分包给他人,无论此类转让或分包是否已获得医院管理局或担保人同意;
without prejudice to the generality of the foregoing, any fact or event (whether similar to any of the foregoing or not) which in the absence of this provision would or might constitute or afford a legal or equitable discharge or release of or defence to the Guarantor, other than the express release by the Hospital Authority of the Guarantor's obligations.
除本条款另有规定外,任何事实或事件(无论是否与前述事实或事件相似),在没有本条款的情况下,可能会或构成或提供给担保人合法或衡平的免责、释放或抗辩。
This Guarantee shall extend to any variation of or amendment to the Contract and to any agreement supplemental thereto agreed between the Hospital Authority and the Contractor and for the avoidance of doubt, the Guarantor hereby authorizes the Hospital Authority and the Contractor to make any such amendment, variation or supplemental agreement.
This Guarantee shall have immediate effect upon execution and is a continuing security. This Guarantee shall cover all of the obligations and liabilities of the Contractor under the Contract and shall remain in full fome and effect and irrevocable
the date falling three months after the expiry of the Contract; or
the date on which all the obligations and liabilities of the Contractor under the Contract have been duly carried out, completed and discharged in accordance with the Contract,
whichever is the later. Notwithstanding the foregoing, if prior to the date of expiry of this Guarantee as aforesaid, there shall be any claim, litigation or threatened litigation concerning or arising out of the Contractor's possible breach of Contract, the Guarantor agrees that this Guarantee shall, upon notice of the Hospital Authority of such claim, litigation or threatened litigation, be automatically extended for a period until three months following the final conclusion of such claim, litigation or
以较晚者为准。尽管有前述规定,若在本保函所述有效期届满之前,有任何关于或因承包商可能违反合同而提出的索赔、诉讼或威胁的诉讼,担保人同意,在医院管理局通知其有关此类索赔、诉讼或威胁诉讼的情况下,本保函将自动延长至此类索赔、诉讼或威胁诉讼最终结案后三个月。