This office lease provision states that the guarantor's liability is not affected or impaired by any delay by or failure of the landlord in enforcing any of its rights or remedies under the lease or at law, or by any deferral, waiver, or release of the tenant's obligations under the lease or any forbearance by the landlord in exercising any of its rights and remedies or by any other action, inaction, or omission by the landlord. This guaranty is independent of any security or remedies which the landlord has under the law.
The New Hampshire provision of guaranty stating that it is unaffected by any waiver or forbearance by the landlord is an essential clause included in lease agreements to protect the rights of the guarantor. This provision ensures that the guarantor's obligations and liabilities remain intact regardless of any actions taken by the landlord, such as granting waivers or forbearance to the tenant. In New Hampshire, there are several types of provisions of guaranty that can be used to state their unaffected nature. Some common ones include: 1. Absolute Guaranty: An absolute guaranty is a comprehensive and unconditional guarantee where the guarantor agrees to be fully liable for the tenant's obligations under the lease agreement. This type of guaranty would explicitly state that it is unaffected by any waiver or forbearance by the landlord. 2. Limited Guaranty: A limited guaranty restricts the guarantor's liability to certain specific obligations or a predetermined amount. The provision in this case would clarify that the guaranty remains unaffected by any waivers or forbearance granted by the landlord, irrespective of the limited scope of the guarantor's obligations. 3. Continuing Guaranty: A continuing guaranty is one that extends beyond the initial term of the lease agreement, encompassing any extensions or renewals. Such a provision would emphasize that the guaranty remains valid and unaffected by any waivers or forbearance granted by the landlord during the entire duration of the lease. 4. Collateral Guaranty: In some cases, a guaranty may be secured by collateral provided by the guarantor. The provision for a collateral guaranty would specifically state that the collateral's security interest remains intact irrespective of any waivers or forbearance granted by the landlord. 5. Absolute and Unconditional Guaranty: This provision merges the attributes of an absolute guaranty and an unconditional guaranty. It ensures that the guarantor's liability remains unaffected by any waivers or forbearance by the landlord, without any limitations or conditions. In summary, the New Hampshire provision of guaranty stating that it is unaffected by any waiver or forbearance by the landlord serves as a safeguard for guarantors, ensuring that their obligations and liabilities under the lease agreement remain intact regardless of any actions taken by the landlord. Different types of guaranties, such as absolute, limited, continuing, collateral, or absolute and unconditional guaranties, can incorporate this provision to provide clarity and enforceability.
