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in addition, or alternatively

(b) upon being required to do so by the PCT by notice in writing, the Guarantor shall at its own expense perform or take whatever steps may be necessary to procure the performance of the obligations of the Contractor under the Contract and shall from the date of such notice assume jointly and severally with the Contractor all the rights and obligations of the Contract in every way as if the Guarantor were a Party thereto, and the performance of the Contract shall continue as if the Guarantor and the PCT had been the original Parties to the Contract.

2.The Guarantor shall not be discharged or released from this Guarantee by any arrangement made between the Contractor and the PCT or by any alteration in the obligation imposed upon the Contractor by the Contract or by any forbearance whether as to payment, time, performance or otherwise.

3.In the event of Condition 1 (b) above being invoked then any contractual notice, direction or other instruction given formally and in writing by the PCT to either Party shall be deemed to have been given to both Parties and any payment made by the PCT whether to the Guarantor or the Contractor shall be deemed to be in accordance with the Contract.

4.In the event that the Contractor passes a resolution or the court makes an order that the Contractor be wound up otherwise than for the purpose of bona fide reconstruction or amalgamation, or a receiver, manager or administrator on behalf of a creditor is appointed in respect of the Contractor’s business or any part thereof or the Contractor is unable to pay his debts within the meaning of Section 123 of the Insolvency Act 1986, then if so requested by the PCT, the Guarantor shall at its own expense perform or take whatever steps may be necessary to procure the performance of the obligations of the Contractor under the Contract and shall from the date of such notice assume jointly and severally with the Contractor all the rights and obligations of the Contract in every way as if the Guarantor were a Party to the Contract.

5.The Guarantor warrants that this Guarantee shall not be affected by any amalgamation, reconstruction, change of name, change of directorship, status or ownership of the Contractor and the Guarantor will perform or take whatever steps may be necessary to procure the performance of the obligations of the Contractor under the Contract.

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