Fill and Sign the Detailed Form of Quotgood Guyquot Guaranty

4A.02[4][e]b Detailed Form of "Good Guy" Guaranty SAMPLE FORM OF "GOOD GUY" GUARANTY GUARANTY Owner _____________________, its grantees, successors, and assigns Tenant _____________________, its successors and ass igns Premises _______, in the building (the "Building") k nown as __________ Street, New York, New York (as same may be reconfig ured or changed pursuant to any amendment of the Lease) Lease Lease, dated on or about _______, 20_____, bet ween Owner and Tenant for the Premises, as such lease may be amended, extende d, and modified Guarantor ____________ To induce Owner to lease the Premises to Tenant pur suant to the Lease and intending to be legally bound, Guarantor has execut ed and delivered this Guaranty to Owner. Guarantor represents that he is a principal of Tenant. Guarantor hereby unconditionally and absolutely gua rantees to Owner all of the following obligations: 1. The full, prompt, and complete payment of all re nt and additional rent due under the Lease, through and including the Vacate Date (hereinafter defined); and 2. The full, prompt, and complete payment of all mo netary obligations of Tenant to Landlord, after the termin ation or expiration of the Lease term, by reason of Tenant's occupancy of the Premises (or the occupancy of the Premises by anyone holding under or through Ten ant), including but not limited to "use and occupancy" and any payments due in connection with any month-to-month tenancy, if any, that may arise, thr ough and including the Vacate Date; and 3. That if any mechanic's lien is filed against the Building for work claimed to have been done for or materials fur nished to Tenant, its principals or agents, the same shall be discharged within thirty (30) days thereafter by filing the bond required by law or ot herwise. Guarantor further agrees to save Owner harmless and to indemnify Owne r against any liabilities, costs, and expenses, including reasonable attorneys ' fees, incurred by Owner if any such mechanic's liens filed against the Buildin g are not discharged within such 30-day period, including any sums spent by Own er to cause the removal of such lien(s) or to otherwise exercise its rights un der the Lease. The "Vacate" Date is the date that Tenant surrender s the Premises to Owner broom clean and vacant, and free of all occupants, and delivers to Owner a key to the Premises. Owner is not obligated to give Guarantor notice of any default by Tenant under the Lease or any termination notice, and Guar antor hereby waives such notices. Guarantor waives all other notices require d or permitted to be given under the Lease or otherwise. Guarantor also waives acceptance and notice of acceptance of this Guaranty, and all demands for pa yment or performance. Guarantor waives all defenses other than payment in full. Guarantor's liability under this Guaranty shall not be affected or impaired by any delay by or failure of Landlord in enforcing any of its rights or remedies under the Lease or at law, or by any de ferral, waiver, or release of Tenant's obligations under the Lease or any forbear ance by Landlord in exercising any of its rights and remedies or by any other action, inaction, or omission by Landlord. This Guaranty is independent of any security or remedies which Landlord has under the law. Landlord may proc eed against Guarantor at any time, either independently of or concurrently with or in lieu of Landlord's application of any security held by Landlord or Lan dlord's exercise of any remedies Landlord may have against Tenant. Landlord is not required to resort to any security deposit or other collateral it may hol d and is not required to pursue any remedies it may have against the Tenant. Nothing contained in this Guaranty shall be deemed to affect or limit any of Owner's remedies against Tenant under the Lease or the law. Guarantor's obligations under this Guaranty shall b e unaffected by any discharge or release of the Tenant, its successors or assigns, or any of their debts, in connection with any bankruptcy, reorganiz ation, or other insolvency proceeding or assignment for the benefit of credito rs; any rejection or disaffirmation of the Lease in any bankruptcy, reor ganization, or other insolvency proceeding or assignment for the benefit of creditors; or any reduction, modification, impairment or limitation o f the liability of the Tenant, its successors or assigns, or of Landlord's remedies under the Lease, in connection with any bankruptcy, reorganization or o ther insolvency proceeding or any assignment for the benefit of creditors. In add ition, if Landlord is required to disgorge or pay back to the Tenant's es tate any payments made by the Tenant under the Lease in connection with any bankr uptcy, reorganization or insolvency proceeding, Guarantor's obligations as t o such payments shall be reinstated. The liability of Guarantor shall continue during th e entire term of the Lease and any renewals or extensions thereof, wheth er or not such renewals or extensions are entered into pursuant to any right o r option contained in the Lease (subject to the cut off of Guarantor's obliga tions as of the Termination Date, as provided above). Guarantor's liability sha ll continue even if the Lease is assigned or the Premises are sublet. Guarantor's liability shall not be affected or impaired by reason of any modification or amendment of the Lease. Guarantor waives all right to trial by jury in any action or proceeding to which Owner and Guarantor are party, with respect t o any claim, counterclaim, cross-claim, or defense raised with respect to this Guaranty or the Lease. Until all obligations of Tenant that are guarantied under this Guaranty are fully performed and the Lease has expired or te rminated, all claims Guarantor may have against Tenant (including but no t limited to any claim Guarantor has against Tenant for reimbursement of a ny payments made or costs incurred by Guarantor pursuant to this Guaranty) ar e subordinated to Landlord's claims against Tenant. Further, Guarantor shall not assert any claim Guarantor may have against Tenant (including but not limited to any claim Guarantor has against Tenant for reimbursement of any payments ma de or costs incurred by Guarantor pursuant to this Guaranty), until all obl igations of Tenant that are guarantied under this Guaranty are fully performed. Guarantor shall reimburse Owner for all costs and expenses incurred by Owner in enforcing and/or attempting to enforce thi s Guaranty, including but not limited to court costs, reasonable attorneys' fees and disbursements. Guarantor shall so reimburse Owner within ten (10) days after Owner bills Guarantor for such costs and expenses. If more than one person has signed this Guaranty, t he term "Guarantor" shall be read as "Guarantors." The use of the singu lar shall be deemed to refer to the plural whenever the context so requires. The use of the masculine, feminine, or neuter genders shall be deemed to refe r to another gender wherever the context so requires. If more than one person or entity has signed this G uaranty, each of the undersigned shall be jointly and severally liable f or all of the obligations hereunder. Any notice by the Owner to any one of th e undersigned Guarantors shall be deemed given to all of the Guarantors and shall have the same force and effect as though given to all persons constituting the Guarantor. This Guaranty shall be binding upon Guarantor, his successors and legal representatives, and shall inure to the benefit of Owner, its successors, grantees, legal representatives and assigns. This Guaranty shall be governed by and construed in accordance with the laws of the State of New York. IN WITNESS WHEREOF, the undersigned has set his han d this ____ day of __________, 20___. WITNESS: ______________________ ____________________ __________ Name: Soc. Sec. No.:________________ Address:______________________ INDIVIDUAL ACKNOWLEDGMENT STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) On the ____ day of __________ in the year ____ befo re me, the undersigned, a Notary Public in and for said State, personally a ppeared _________, personally known to me or proved to me on the basis of satisfa ctory evidence to be the individual(s) whose name(s) is(are) subscribed to t he within instrument and acknowledged to me that he/she/they executed the sa me in his/her/their capacity(ies), and that by his/her/their signature( s) on the instrument, the individual(s), or the person upon behalf of which t he individual(s) acted, executed the instrument. ______________________Notary Public