The UNDERSIGNED (who if two or more in number, shall be jointly and severally liable hereunder), in order to induce Tiger Fuel Company ("Tiger") to extend credit to ("Customer") does hereby absolutely and unconditionally guarantee full and punctual payment and satisfaction of all sums due and owing Tiger Fuel Company ("Indebtedness") by Customer and any renewal or extension thereof, including attorneys fees in the event of default equal to twenty-five percent (25%) of the unpaid principal and interest, and all costs of the court. This is a guaranty of payment and performance and not of collection, so Tiger can enforce this Guaranty against the undersigned even when Tiger has not exhausted Tiger's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. The word "indebtedness" as used in this Guaranty includes but is not limited to any and all debts, liabilities and obligations of every nature or form, that customer individually or collectively or interchangeably with others, owes or will owe Tiger. The undersigned also agree(s) that Tiger may from time to time extend or renew terms of credit on the account and may grant any releases, compromises, or indulgences with respect to any indebtedness arising under the terms of the account, or any extension or renewal thereof, or to any party liable thereunder or hereunder, all without notice to or consent of the undersigned and other personal guarantors and without first or contemporaneously suing such other persons, or otherwise seeking or proceeding to collect from them. The undersigned further agree(s) the failure or refusal of Tiger to exercise any of its legal rights or remedies for collection of such sums due and owing shall not results in any discharge of their obligations under this guaranty.
This is a "Continuing Guaranty" under which the undersigned agrees to guarantee the full and punctual payment, performance and satisfaction of the indebtedness to Tiger, now existing or hereafter arising or acquired, on a continual basis. Accordingly, any payments made on the indebtedness will not discharge or diminish guarantor's obligations and liability under this guaranty for any remaining and succeeding indebtedness even when all or part of the outstanding indebtedness may be a zero balance from time to time.
This Guaranty will take effect when received by Tiger without the necessity of any acceptance by Tiger, or any notice to Guarantor, and will continue in full force until all the Indebtedness incurred or contracted shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of Tiger's actual notice of Guarantor's death.
This Guaranty constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
If there is a lawsuit, Guarantor agrees upon Tiger's request to submit to the jurisdiction of the applicable courts for the City of Charlottesville, Commonwealth of Virginia. Give under the hand and seal of each of the undersigned;
Do you agree to the Unconditional Guaranty? Yes