That in consideration of (hereinafter referred to as "NPOG") entering into a contract for the Construction, Commissioning and Handover of Field Surface Facilities.("CONTRACT") dated________ day-of________ ________with________ hereinafter referred to as "CONTRACTOR (S)"'We, ________a company incorporated under the laws of ________with a principal business address at________(hereinafter referred to as " GUARANTOR") do hereby enter into the following undertakings with NPOG:
(a) Guarantee full and complete performance of all obligations of CONTRACTOR(s) under the said CONTRACT and all change orders thereunder and amendments thereof which may subsepuently be duly executed by CONTRACTOR(s).
(b) Should CONTRACTOR in any respect fail to perform the said obligations contained in the said CONTRACT or commits any breach thereof, we as GUARANTOR shall ourselves perform or take whatever steps as may be necessary to achieve performance of the obligations thereof, in accordance with terms of the said CONTRACT and the GUARANTOR shall assume any loss, damages, costs and expenses arising from the said failure or breach for which CONTRACTOR(s) may be made available thereunder;
MUGLAD BASIN OIL DEVELOPMENT PROJEDT
ELELD SURFACE FACILITIES (FSF)
CONTRACT NO:NPOG/30/98-163
(c) we the GUARANTOR shall not be discharged or released from our undertakings hereunder by any waiver or forebearance by NPOG whether as to payment, time , performance, or otherwise.
(d) In the event and for the duration that the GUARANTOR assumes the obligatinos of CONTRACTOR under the said CONTRACT above, the GUARANTOR shall be entitled to all of the rights and benefits to which CONTRACTOR is entitled under CONTRACT.
(e) For the purpose of this Guarantee and the said CONTRACT, the CONTRACTOR does hereby agree to submit to the exclusive jurisdiction of the British Courts.
(f) This Guarantee shall inure to the benefit of NPOG and its successors and assigns, and shall be binding upon the GUARANTOR and its successors and assigns.
(g) This guarantee shall be effective as of the________ day of ____________199_____.
IN WITNESS WHEREOF, THE GUARANTOR has caused this Guarantee to be duly executed by its authorized representative on this ____________day of ____________199____________.
TO: ____________(Company name),a company incorporated under the laws of and having its registered office at ____________(hereinafter called" NPOG")
WHEREAS
(1) by an agreement for the ____________(hereinafter referred to as the of the one part and NPOG of the other part, the CONTRACTOR agrees to perform the WORKS in accordance with the CONTRACT.
(2) one of the expressed conditions of the CONTRACT is the receipt by NPOG of this guarantee duly executed by (name of banker ____________(hereinafter called the " GUARANTOR") who hereby irrevocably and unconditionally guarantees and undertakes to NPOG as follows:
i) if the CONTRACTOR shall in any respect fail to execute the CONTRACT or commit any breach of this obligations thereunder the GUARANTOR shall pay to NPOG on first demand without proof or conditions the sum of US. Dollar ____________(USD: ____________) within 14 days after receipt of the said demand notwithstanding any contestation or protest by the CONTRACTOR or any other third party.
ii) The GUARANTOR shall not be discharged or released from this Guarantee by any agreement made between the CONTRACTOR and NPOG with or without the consent of the GUARANTOR or by any alteration in the obligations undertaken by the CONTRACTOR or by any forbearance whether as to payment time, performances or otherwise, or by any change in mane or constitution of NPOG or the CONTRACTOR.
iii) This guarantee is continuing security and accordingly shall remain in force until the issuance of the notice for final acceptance of three(3) months after the early termination of the CONTRACT, whichever is earlier.
iv) The GUARANTOR agree that the grauantee is given regardless whether or not the sum outstanding occasioned by the loss, damages costs ,expenses or otherwise incurred by NPOG is recoverable by legal action or arbitration.
IN WITNESS whereof this guarantee has been duly executed by GUARANTOR the____________ day of ____________199 ____________.
For and on behalf of ____________
(name of banker)
signature: ____________
name: ____________
designation:
banker' s seal: ____________作者: desertspring 时间: 2010-12-30 09:24
不错，看看有用啊！！！！！
____________(hereinafter called the " GUARANTOR") who hereby irrevocably and unconditionally guarantees and undertakes to NPOG as follows: