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Unconditional And Continuing Guarantee Form. This is a Ohio form and can be use in Employers Workers Comp.
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Tags: Unconditional And Continuing Guarantee, BWC SI-38, Ohio Workers Comp, Employers
Unconditional and Continuing Guarantee
by
, parent corporation,
in the matter of self-insurance of
,
subsidiary of said Guarantor, under the Workers’ Compensation Law Of Ohio.
For one Dollar and other valuable consideration, receipt
of which is hereby acknowledged, and to encourage the Bureau of
Workers’ Compensation of Ohio (hereinafter called “Bureau”): to
extend self-insuring status to the
a subsidiary of
(hereinafter called “Guarantor”), undersigned Guarantor
absolutely and unconditionally guarantees the prompt and
punctual payment, when due, by acceleration or otherwise, of
each obligation direct or indirect, now existing or hereafter
created or acquired with respect to payments owed by the
subsidiary under the workers’ compensation laws of Ohio,
together with all interest, charges, and penalties accruing thereon.
It shall not be necessary for the Bureau to resort to other
security or to exhaust its remedies against the subsidiary or
against any security or to resort to property held as security before
calling upon the undersigned for payment of any obligations, the
payment of which is herein guaranteed.
The terms of this agreement shall commence on the
effective date of the subsidiary’s self-insurance and shall continue
in full force and effect until the self-insuring status of the
subsidiary is cancelled by the Bureau or until the obligations
owed by the subsidiary to the Bureau are satisfied, whichever is
later.
prepared in conformity with generally accepted accounting principles
and correctly reflect valid transactions and asset values and correctly
reflect the financial condition of the Guarantor. The Guarantor warrants
that there has been no material adverse change which has not been
disclosed to the Bureau in the Guarantor’s financial condition from that
shown on the financial statements which have been submitted as
inducement to the Bureau’s acceptance of this agreement.
Failure of the Guarantor to promptly pay obligations arising
hereunder constitutes a breach of this agreement. All obligations arising
hereunder, whether presently owing or prospective on the date of the
breach, became due and owing as of the date of the breach of this
agreement.
All rights and remedies of the Bureau are cumulative to the
full extent permitted by law.
At any time hereafter, upon ninety (90) days written notice
from the Guarantor the Bureau, the obligation of this agreement upon
the Guarantor may be terminated as to all liabilities thereafter arising
on account of any accident to any of the employees of the subsidiary
company thereafter occurring or on account of any assessment against
the subsidiary company.
This agreement shall be governed by and construed under the
laws of the State of Ohio exclusive of its rules relating to the choice of
laws.
The Guarantor hereby waives the following:
A.
Notice of acceptance of this agreement by the Bureau.
B.
Trial by jury and the right thereto in any action or
proceeding of any kind, arising on, out of, under, or by reason of
this Guaranty Contract, excepting those actions concerning the
right of an employee or his dependents to participate or to
continue to participate in the State Insurance Fund.
IN WITNESS WHEREOF, the parties hereto have caused
their signatures to be affixed hereto.
This Guaranty Contract is absolute, unconditional, and
continuing, and shall not be affected by any act or thing
whatsoever except that obligations owed by subsidiary that
commence after the date of the cancellation of self-insuring status
of the subsidiary are exempt from the terms of this agreement.
Signature
The Guarantor represents that, at the time of the
execution of this agreement, nothing exists to impair the
effectiveness of the obligation of the Guarantor to the Bureau
hereunder, or the immediate taking effect of this agreement as the
sole agreement between the Guarantor and the Bureau with
respect to the self-insurance of the subsidiary.
The Guarantor warrants that any financial statements
which were submitted to the Bureau by the Guarantor or anyone
in the Guarantor’s behalf are true and correct and have been
Executed at
(city, state) this
day of
Typed or printed name
, 200
.
Title
(corporate or notarial seal)
Notary
Typed or printed name
NOTE: THIS GUARANTY IS TO BE SIGNED BY AN AUTHORIZED OFFICER
UNDER THE CORPORATE SEAL OF THE PARENT. IT MAY ALSO BE
SIGNED BEFORE A NOTARY.
BWC Form SI – 38 (rev’d 3/2003)
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