履约保函格式_银行履约保函格式
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To: [NAME] Container Terminal(being the beneficiary under this bond).WHEREAS:
(A)By a contract dated [ENTER DATE HERE](hereinafter called the “Contract”)made by you with [ENTER VENDOR NAME HERE].A company incorporated and existing under the laws of [ENTER COUNTRY HERE] and having its registered office at [ENTER REGISTERED OFFICE HERE](hereinafter called the “Contractor”)the Contractor has agreed inter alia to [DESCRIBE WORKS] upon and subject to the terms and conditions of the Contract.(B)The terms of the Contract oblige the Contractor to provide this bond in respect of the Contractor’s performance of the Contract..In consideration of your accepting our obligations hereunder in discharge of the Contractor's obligation to provide the aforesaid bond, we [NAME OF ISSUER](also referred to herein as the “Surety”)hereby irrevocably and unconditionally undertake to pay to you the sum of [INSERT HERE AMOUNT IN FIGURES AND WORDS](hereinafter called the “Stipulated Sum”)and accordingly covenant and agree with you as follows:
1.Forthwith upon receipt of a written demand made by you upon us at any time or from time to time, and notwithstanding any objection by the Contractor and without any further proof or conditions and without any right of deduction, set-off or counterclaim, we shall forthwith pay to you the amount or amounts specified in such demand or demands, not exceeding in aggregate the Stipulated Sum.Such payment or payments shall be made by transfer to such account at such bank in such place as you shall direct in writing.2.Our obligations hereunder shall be primary irrevocable and unconditional obligations and without prejudice to the generality of the foregoing shall not be affected by any act, omiion, matter or thing which but for this provision might operate to release or otherwise exonerate us from our obligations hereunder in whole or in part, including but not limited to and whether or not known to us or you:
(a)any time or waiver or other forbearance granted to the Contractor or any other person;
(b)any taking, variation, compromise, renewal or release of, or any refusal or neglect to perfect or enforce any rights, remedies or securities against the Contractor or any other person;
(c)any legal limitation, disability or incapacity relating to the Contractor or any other person;(d)any change, variation or amendment or supplement to the Contract or the works or goods to be performed or supplied thereunder or any other document or security so that references in this Bond to the Contract shall include each such change, variation, amendment or supplement;
(e)any unenforceability, invalidity, illegality or frustration of any obligations of the Contractor or any other person under the Contract or any other document or security;and
(f)any act or omiion of yourselves or any of your servants or agents under or in connection with the Contract.3.We hereby waive notice of all or any of the matters referred to in Clause 2 hereof.4.This Bond shall remain valid and in full force and effect with respect to any demand made hereunder prior to the first of the following to occur:
(a)payment by the Surety of the Stipulated Sum in full;
(b)the elapse of three(3)months after iue of the last Performance Certificate to be iued under the Contract but not later than [DATE].For the purpose of this Clause, the term “Performance Certificate” shall have the same meaning as in the Contract.5.All payments hereunder shall be made free and clear of, and without deduction for or on account of, any present or future taxes, duties, charges, fees, deductions or withholdings of any nature whatsoever and by whomsoever imposed.6.This bond is not transferable and aignable.7.This Bond shall be governed by and construed in accordance with the laws of Malaysia and we hereby submit to the non-exclusive jurisdiction of the Courts of Malaysia over any claim arising out of this Bond.8.Without limiting the manner in which any notice or demand may be given to us pursuant hereto any such notice or demand shall be deemed to be validly given if:(a)delivered through your bank to our detail addre: XXXXXXXXXXXXX or other changed addre we have advised you;and(b)signed by a person authorised by you verified by your bank through authenticated swift in writing for this purpose.9.References herein to yourselves shall include all of your lawful succeors and aigns.Addre for notices to Surety:
[INSERT ADDRESS WHICH MUST BE IN [ ]
IN WITNESS WHEREOF this Bond has been executed on the [ ] day of [ ].1THE COMMON SEAL OF)[NAME OF SURETY])was duly affixed hereto in the)presence of:)
_____________________________________ Director
_____________________________________ Director/Secretary
[OR]
2SIGNED, SEALED AND DELIVERED)for and on behalf of and as lawful attorney)for [NAME OF SURETY] under power of)attorney dated [ ] by)[NAME OF ATTORNEY] in the presence of)
____________________________________ Name: Occupation: Addre:
