Annexure-X Proforma For Bank Guarantee For Earnest Money Deposit
Annexure-X Proforma For Bank Guarantee For Earnest Money Deposit
Annexure-X Proforma For Bank Guarantee For Earnest Money Deposit
Dt.11/03/2014 ANNEXURE-X
PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT (To be executed on non-Judicial stamped paper of appropriate value) B.G. No_____________ 1. Date____________
WHEREAS National Aluminium Company Limited (A Government of India Enterprise), having its Office at Nalco Bhavan, P/1, Nayapalli, Bhubaneswar 751 013, Odisha (hereinafter referred as "The Owner/ Company" which expression shall unless repugnant to the subject or context includes its legal representatives, successors and assigns), has issued tender paper vide its Tender No. .............. for ................................... (hereinafter called the said tender) to M/s. ............................ (hereinafter called the said Tenderer(s) which expression shall unless repugnant to the subject or context includes their legal representatives, successors and assigns) and as per terms and conditions of the said tender, the tenderer shall submit a Bank Guarantee for Rs.____________ (Rupees ___________________________ only) towards earnest money in lieu of cash. We___________________ Bank having its branch office at _________________ do hereby undertake to pay the amounts due and payable under this guarantee without any demur merely on a demand from the Company stating that in the opinion of the company, which is final & binding, the amount claimed is due because of any withdrawal of the tender or any material alteration to the tender after the opening of the tender by way of any loss or damage caused or would be caused or suffered by the Company by reason of any breach by the said tenderer(s) of any terms and conditions contained in the said tender or failure to accept the letter of Intent/Agreement or that the amount covered under this Guarantee is forfeited. Any such demand made on the Bank by the owner shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However our liability under this guarantee shall be restricted to an amount not exceeding Rs........................... (Rupees. Only). We undertake to pay to the Company any money so demanded notwithstanding any dispute or disputes raised by the tenderer(s) in any suit or proceeding pending before any office, court or Tribunal relating thereto, our liability under this present guarantee being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under. Our liability to pay is not dependant or conditional on the owner proceeding against the tenderer(s). 4. The guarantee herein contained shall not be determined or affected or suspended by the liquidation or winding up, dissolution or change of constitution or insolvency of the said tenderer(s) but shall in all respects and for all purposes be binding and operative until payment of all money due or liabilities under the said tender are fulfilled. (Contd Pg 2)
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REF: SMLT/MMP/OT/403/3000001383
Dt.11/03/2014
5. We _________________ Bank Ltd, further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the finalisation of the said tender and that it shall continue to be enforceable till the said tender is finally decided and order placed on the successful tenderer(s) and/or till all the dues of the Company under/or by virtue of the said tender have been fully paid and its claims satisfied or discharged or till a duly authorised officer of the Company certifies that the terms and conditions of the said tender have been fully and properly carried out by the said tenderer(s) and accordingly discharges the guarantee. 6. That the Owner/Company will have full liberty without reference to us and without affecting this guarantee to postpone for any time or from time to time, the exercise of any of the power of the owner under the tender. Notwithstanding anything contained herein before, our liability shall not exceed Rs.__________ (Rupees________________________________ only) and shall remain in force till __________unless a demand or claim under this guarantee is made on us within three months from the date of expiry, we shall be discharged from all the liability under this guarantee. We __________________ Bank, lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Company in writing. We further undertake to keep this Guarantee renewed from time to time on the request of the Tenderer(s). Date: Corporate Seal of the Bank ......................Bank By its constitutional Attorney Signature of duly Authorised person on behalf of the Bank With seal & signature code
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REF: SMLT/MMP/OT/403/3000001383
Dt.11/03/2014