Common use of Form of Performance and Warranty Guarantee Clause in Contracts

Form of Performance and Warranty Guarantee. To: Israel Railways Ltd. ("ISR") 1 Yoseftal Road, 7136801 X.X.X. 000 Xxx, Xxxxxx Performance and Warranty Guarantee Whereas, ISR and ("Supplier") entered into Agreement No. on (the "Agreement"); Now, we Bank ...................................... hereby irrevocably guarantee to ISR due, punctual, true, faithful and satisfactory performance by Supplier of all of the obligations on its part contained in said Agreement, including for the removal of doubt Warranty and ancillary services (as set out in the Agreement), and undertake to be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected by ISR from us under this Guarantee, shall not exceed the sum of € (in words) EURO. This Guarantee is unconditional and shall not be revocable by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreement. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. In order to collect any amount under this Guarantee, ISR shall not have to refer to Supplier, shall not have to produce any judgment or other judicial document, and shall not have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for it, or on its behalf, or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance of Israel Railways Ltd. or by a person designated in writing by him, substantially in the following form, shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sums under this Guarantee from us, and we shall pay such sums immediately upon such first demand by ISR: "Pursuant to the Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) and the competent courts in Tel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee. Date

Appears in 3 contracts

Samples: Agreement No., Agreement No., Agreement No.

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Form of Performance and Warranty Guarantee. ToIsrael Railways Haifa East Station 1 Hativat Xxxxxx Xxxxxx X.X. Xxx 0000 Xxxxx, Xxxxxx Re: Guarantee No. (“Performance and Warranty Guarantee”) Whereas _ (“Supplier”) and Israel Railways Ltd. ("ISR") 1 Yoseftal Road, 7136801 X.X.X. 000 Xxx, Xxxxxx Performance and Warranty Guarantee Whereas, ISR and ("Supplier") entered into an Agreement No. on (the “Agreement”) for the supply of Rails (the "Agreement"); Goods”): Now, we Bank ...................................... (“Guarantor”) hereby irrevocably guarantee Guarantee the immediate payment, on first demand, to ISR due, punctual, true, faithful and satisfactory performance by of the sum of Euro in the event that Supplier of has not fully complied with all of its obligations under the obligations on its part contained in said Agreement, including its warranty obligations. This Guarantee shall be valid and remain in force for a period of two (2) months following the end of the Warranty Period for the removal of doubt Warranty and ancillary services (last Goods supplied under this Agreement, as set out those terms are defined in the Agreement), or as otherwise extended in writing by ISR, Supplier and Guarantor, and undertake to may be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected drawn down by ISR from us under this Guarantee, shall not exceed on one or more occasions up to the sum of € (in words) EUROaggregate amount referred to above. This Guarantee is unconditional and shall not be revocable by Guarantor or Supplier by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreementotherwise. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. In order to collect For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall not it have to produce any judgment or any other judicial document, and nor shall not it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for it, Supplier or on its behalf, behalf or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance or facsimile notice to Guarantor from an authorized representative of Israel Railways Ltd. or by a person designated in writing by him, substantially in the following form, ISR shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sums sum(s) under this Guarantee from us, and we shall pay such sums the Guarantor immediately upon such first the demand by of ISR: "Pursuant to the . This Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely interpreted in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) Israel, and any proceedings for enforcement shall be brought exclusively before the competent courts in Tel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee. DateCourt of Lod.

Appears in 2 contracts

Samples: www.rail.co.il, www.rail.co.il

Form of Performance and Warranty Guarantee. ToIsrael Railways Haifa East Station 1 Hativat Xxxxxx Xxxxxx X.X. Xxx 0000 Xxxxx, Xxxxxx Re: Guarantee No. (“Performance and Warranty Guarantee”) Whereas (“Supplier”) and Israel Railways Ltd. ("ISR") 1 Yoseftal Road, 7136801 X.X.X. 000 Xxx, Xxxxxx Performance and Warranty Guarantee Whereas, ISR and ("Supplier") entered into an Agreement No. on (the “Agreement”) for the supply of R350HT Rails (the "Agreement"); Goods”): Now, we Bank ...................................... (“Guarantor”) hereby irrevocably guarantee Guarantee the immediate payment, on first demand, to ISR due, punctual, true, faithful and satisfactory performance by of the sum of Euro in the event that Supplier of has not fully complied with all of its obligations under the obligations on its part contained in said Agreement, including its warranty obligations. This Guarantee shall be valid and remain in force for a period of two (2) months following the end of the Warranty Period for the removal of doubt Warranty and ancillary services (last Goods supplied under this Agreement, as set out those terms are defined in the Agreement), or as otherwise extended in writing by ISR, Supplier and Guarantor, and undertake to may be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected drawn down by ISR from us under this Guarantee, shall not exceed on one or more occasions up to the sum of € (in words) EUROaggregate amount referred to above. This Guarantee is unconditional and shall not be revocable by Guarantor or Supplier by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreementotherwise. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. In order to collect For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall not it have to produce any judgment or any other judicial document, and nor shall not it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for it, Supplier or on its behalf, behalf or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance or facsimile notice to Guarantor from an authorized representative of Israel Railways Ltd. or by a person designated in writing by him, substantially in the following form, ISR shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sums sum(s) under this Guarantee from us, and we shall pay such sums the Guarantor immediately upon such first the demand by of ISR: "Pursuant to the . This Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely interpreted in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) Israel, and any proceedings for enforcement shall be brought exclusively before the competent courts in Tel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee. DateCourt of Lod.

Appears in 2 contracts

Samples: www.rail.co.il, www.rail.co.il

Form of Performance and Warranty Guarantee. ToIsrael Railways Haifa East Station 1 Hativat Xxxxxx Xxxxxx X.X. Xxx 0000 Xxxxx, Xxxxxx Re: Guarantee No. (“Performance and Warranty Guarantee”) Whereas (“Supplier”) and Israel Railways Ltd. ("ISR") 1 Yoseftal Road, 7136801 X.X.X. 000 Xxx, Xxxxxx Performance and Warranty Guarantee Whereas, ISR and ("Supplier") entered into an Agreement No. on (the “Agreement”) for the supply of Rails (the "Agreement"); Goods”): Now, we Bank ...................................... (“Guarantor”) hereby irrevocably guarantee Guarantee the immediate payment, on first demand, to ISR due, punctual, true, faithful and satisfactory performance by of the sum of Euro in the event that Supplier of has not fully complied with all of its obligations under the obligations on its part contained in said Agreement, including its warranty obligations. This Guarantee shall be valid and remain in force for a period of two (2) months following the end of the Warranty Period for the removal of doubt Warranty and ancillary services (last Goods supplied under this Agreement, as set out those terms are defined in the Agreement), or as otherwise extended in writing by ISR, Supplier and Guarantor, and undertake to may be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected drawn down by ISR from us under this Guarantee, shall not exceed on one or more occasions up to the sum of € (in words) EUROaggregate amount referred to above. This Guarantee is unconditional and shall not be revocable by Guarantor or Supplier by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreementotherwise. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. In order to collect For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall not it have to produce any judgment or any other judicial document, and nor shall not it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for it, Supplier or on its behalf, behalf or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance or facsimile notice to Guarantor from an authorized representative of Israel Railways Ltd. or by a person designated in writing by him, substantially in the following form, ISR shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sums sum(s) under this Guarantee from us, and we shall pay such sums the Guarantor immediately upon such first the demand by of ISR: "Pursuant to the . This Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely interpreted in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) Israel, and any proceedings for enforcement shall be brought exclusively before the competent courts in Tel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee. DateCourt of Lod.

Appears in 2 contracts

Samples: www.rail.co.il, www.rail.co.il

Form of Performance and Warranty Guarantee. ToIsrael Railways Haifa East Station 1 Hativat Xxxxxx Xxxxxx X.X. Xxx 0000 Xxxxx, Xxxxxx Re: Guarantee No. (“Performance and Warranty Guarantee”) Whereas (“Supplier”) and Israel Railways Ltd. ("ISR") 1 Yoseftal Road, 7136801 X.X.X. 000 Xxx, Xxxxxx Performance and Warranty Guarantee Whereas, ISR and ("Supplier") entered into an Agreement No. on (the “Agreement”) for the supply of R350HT Rails Rails (the "Agreement"); Goods”): Now, we Bank ...................................... (“Guarantor”) hereby irrevocably guarantee Guarantee the immediate payment, on first demand, to ISR due, punctual, true, faithful and satisfactory performance by of the sum of Euro in the event that Supplier of has not fully complied with all of its obligations under the obligations on its part contained in said Agreement, including its warranty obligations. This Guarantee shall be valid and remain in force for a period of two (2) months following the end of the Warranty Period for the removal of doubt Warranty and ancillary services (last Goods supplied under this Agreement, as set out those terms are defined in the Agreement), or as otherwise extended in writing by ISR, Supplier and Guarantor, and undertake to may be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected drawn down by ISR from us under this Guarantee, shall not exceed on one or more occasions up to the sum of € (in words) EUROaggregate amount referred to above. This Guarantee is unconditional and shall not be revocable by Guarantor or Supplier by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreementotherwise. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. In order to collect For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall not it have to produce any judgment or any other judicial document, and nor shall not it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for it, Supplier or on its behalf, behalf or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance or facsimile notice to Guarantor from an authorized representative of Israel Railways Ltd. or by a person designated in writing by him, substantially in the following form, ISR shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sums sum(s) under this Guarantee from us, and we shall pay such sums the Guarantor immediately upon such first the demand by of ISR: "Pursuant to the . This Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely interpreted in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) Israel, and any proceedings for enforcement shall be brought exclusively before the competent courts in Tel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee. DateCourt of Lod.

Appears in 1 contract

Samples: www.rail.co.il

Form of Performance and Warranty Guarantee. ToIsrael Railways Ltd. Xxxxxxxx 0, Xxx, 0000000, Xxxxxx Re: Guarantee No. (“Performance and Warranty Guarantee”) Whereas (“Supplier”) and Israel Railways Ltd. ("ISR") 1 Yoseftal Road, 7136801 X.X.X. 000 Xxx, Xxxxxx Performance and Warranty Guarantee Whereas, ISR and ("Supplier") entered into an Agreement No. on (the “Agreement”) for the supply of HVAC Air filters for ISR's Locomotives and coaches (the "Agreement"); Goods”): Now, we Bank ...................................... (“Guarantor”) hereby irrevocably guarantee Guarantee the immediate payment, on first demand, to ISR due, punctual, true, faithful and satisfactory performance by of the sum of Euro in the event that Supplier of has not fully complied with all of its obligations under the obligations on its part contained in said Agreement, including its warranty obligations. This Guarantee shall be valid and remain in force for a period of sixty (60) days after the removal end of doubt Warranty and ancillary services (the Agreement Period as set out those terms are defined in the Agreement), or as otherwise extended in writing by ISR, Supplier and Guarantor, and undertake to may be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected drawn down by ISR from us under this Guarantee, shall not exceed on one or more occasions up to the sum of € (in words) EUROaggregate amount referred to above. This Guarantee is unconditional and shall not be revocable by Guarantor or Supplier by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreementotherwise. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. In order to collect For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall not it have to produce any judgment or any other judicial document, and nor shall not it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for it, Supplier or on its behalf, behalf or in its name, and a written demand or facsimile notice to Guarantor from an authorized representative of ISR in the following form shall suffice: Pursuant to Guarantee No. issued by the Deputy General Manageryou on [date] on behalf of , Commerce, Economics & Finance of you are hereby instructed to immediately pay Israel Railways Ltd. or by a person designated the sum of into account no. in writing by himBank (branch in , substantially in the following form, Israel). Said written notice shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sums sum(s) under this Guarantee from us, and we shall pay such sums the Guarantor immediately upon such first the demand by of ISR: "Pursuant to the . This Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely interpreted in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) Israel, and any proceedings for enforcement shall be brought exclusively before the competent courts in Court of Tel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee. Date.

Appears in 1 contract

Samples: Agreement No.

Form of Performance and Warranty Guarantee. ToHaifa East Station 1 Hativat Xxxxxx Xxxxxx X.X. Xxx 0000 Xxxxx, Xxxxxx Re: Guarantee No. (“Performance and Warranty Guarantee”) Whereas ( “Supplier”) and Israel Railways Ltd. ("ISR") 1 Yoseftal Road, 7136801 X.X.X. 000 Xxx, Xxxxxx Performance and Warranty Guarantee Whereas, ISR and ("Supplier") entered into an Agreement No. on (the "Agreement"); ”) for the supply of the System (the " System ”): Now, we Bank ...................................... (“Guarantor”) hereby irrevocably guarantee Guarantee the immediate payment, on first demand, to ISR due, punctual, true, faithful and satisfactory performance by of the sum of Euro in the event that Supplier of has not fully complied with all of its obligations under the obligations on its part contained in said Agreement, including its warranty obligations. This Guarantee shall be valid and remain in force for a period of sixty (60) days after the removal end of doubt Warranty and ancillary services (the Agreement Period as set out those terms are defined in the Agreement), or as otherwise extended in writing by ISR, Supplier and Guarantor, and undertake to may be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected drawn down by ISR from us under this Guarantee, shall not exceed on one or more occasions up to the sum of € (in words) EUROaggregate amount referred to above. This Guarantee is unconditional and shall not be revocable by Guarantor or Supplier by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreementotherwise. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. In order to collect For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall not it have to produce any judgment or any other judicial document, and nor shall not it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for it, Supplier or on its behalf, behalf or in its name, and a written demand or facsimile notice to Guarantor from an authorized representative of ISR in the following form shall suffice: Pursuant to Guarantee No. issued by the Deputy General Manageryou on [date] on behalf of , Commerce, Economics & Finance of you are hereby instructed to immediately pay Israel Railways Ltd. or by a person designated the sum of into account no. in writing by himBank (branch in , substantially in the following form, Israel). Said written notice shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sums sum(s) under this Guarantee from us, and we shall pay such sums the Guarantor immediately upon such first the demand by of ISR: "Pursuant to the . This Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely interpreted in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) Israel, and any proceedings for enforcement shall be brought exclusively before the competent courts in Court of Tel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee. Date.

Appears in 1 contract

Samples: Agreement No.

Form of Performance and Warranty Guarantee. ToIsrael Railways Haifa East Station 1 Hativat Xxxxxx Xxxxxx X.X. Xxx 0000 Xxxxx, Xxxxxx Re: Guarantee No. (“Performance and Warranty Guarantee”) Whereas _ (“Supplier”) and Israel Railways Ltd. ("ISR") 1 Yoseftal Road, 7136801 X.X.X. 000 Xxx, Xxxxxx Performance and Warranty Guarantee Whereas, ISR and ("Supplier") entered into an Agreement No. on (the “Agreement”) for the supply of Rails (the "Agreement"); Goods”): Now, we Bank ...................................... _ (“Guarantor”) hereby irrevocably guarantee Guarantee the immediate payment, on first demand, to ISR due, punctual, true, faithful and satisfactory performance by of the sum of Euro in the event that Supplier of has not fully complied with all of its obligations under the obligations on its part contained in said Agreement, including its warranty obligations. This Guarantee shall be valid and remain in force for a period of two (2) months following the end of the Warranty Period for the removal of doubt Warranty and ancillary services (last Goods supplied under this Agreement, as set out those terms are defined in the Agreement), or as otherwise extended in writing by ISR, Supplier and Guarantor, and undertake to may be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected drawn down by ISR from us under this Guarantee, shall not exceed on one or more occasions up to the sum of € (in words) EUROaggregate amount referred to above. This Guarantee is unconditional and shall not be revocable by Guarantor or Supplier by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreementotherwise. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. In order to collect For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall not it have to produce any judgment or any other judicial document, and nor shall not it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for it, Supplier or on its behalf, behalf or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance or facsimile notice to Guarantor from an authorized representative of Israel Railways Ltd. or by a person designated in writing by him, substantially in the following form, ISR shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sums sum(s) under this Guarantee from us, and we shall pay such sums the Guarantor immediately upon such first the demand by of ISR: "Pursuant to the . This Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely interpreted in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) Israel, and any proceedings for enforcement shall be brought exclusively before the competent courts in Tel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee. DateCourt of Lod.

Appears in 1 contract

Samples: www.rail.co.il

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Form of Performance and Warranty Guarantee. ToIsrael Railways Xxxxxxxx 0, Xxx 0000000, Xxxxxx Re: Guarantee No. (“Performance and Warranty Guarantee”) Whereas (“Supplier”) and Israel Railways Ltd. ("ISR") 1 Yoseftal Road, 7136801 X.X.X. 000 Xxx, Xxxxxx Performance and Warranty Guarantee Whereas, ISR and ("Supplier") entered into an Agreement No. on (the “Agreement”) for the supply of the System (the "Agreement"); System”): Now, we Bank ...................................... (“Guarantor”) hereby irrevocably guarantee Guarantee the immediate payment, on first demand, to ISR due, punctual, true, faithful and satisfactory performance by of the sum of Euro in the event that Supplier of has not fully complied with all of its obligations under the obligations on its part contained in said Agreement, including its warranty obligations. This Guarantee shall be valid and remain in force for a period of sixty (60) days after the removal end of doubt Warranty and ancillary services (the Agreement Period as set out those terms are defined in the Agreement), or as otherwise extended in writing by ISR, Supplier and Guarantor, and undertake to may be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected drawn down by ISR from us under this Guarantee, shall not exceed on one or more occasions up to the sum of € (in words) EUROaggregate amount referred to above. This Guarantee is unconditional and shall not be revocable by Guarantor or Supplier by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreementotherwise. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. In order to collect For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall not it have to produce any judgment or any other judicial document, and nor shall not it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for it, Supplier or on its behalf, behalf or in its name, and a written demand or facsimile notice to Guarantor from an authorized representative of ISR in the following form shall suffice: Pursuant to Guarantee No. issued by the Deputy General Manageryou on [date] on behalf of , Commerce, Economics & Finance of you are hereby instructed to immediately pay Israel Railways Ltd. or by a person designated the sum of into account no. in writing by himBank (branch in , substantially in the following form, Israel). Said written notice shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sums sum(s) under this Guarantee from us, and we shall pay such sums the Guarantor immediately upon such first the demand by of ISR: "Pursuant to the Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) and the competent courts in Tel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee. DateGuarantor

Appears in 1 contract

Samples: Amended Agreement

Form of Performance and Warranty Guarantee. ToIsrael Railways Haifa East Station 1 Hativat Xxxxxx Xxxxxx X.X. Xxx 0000 Xxxxx, Xxxxxx Re: Guarantee No. _ (“Performance and Warranty Guarantee”) Whereas _ (“Supplier”) and Israel Railways Ltd. ("ISR") 1 Yoseftal Road, 7136801 X.X.X. 000 Xxx, Xxxxxx Performance and Warranty Guarantee Whereas, ISR and ("Supplier") entered into an Agreement No. on (the “Agreement”) for the supply of Rails (the "Agreement"); Goods”): Now, we Bank ...................................... _ (“Guarantor”) hereby irrevocably guarantee Guarantee the immediate payment, on first demand, to ISR due, punctual, true, faithful and satisfactory performance by of the sum of Euro in the event that Supplier of has not fully complied with all of its obligations under the obligations on its part contained in said Agreement, including its warranty obligations. This Guarantee shall be valid and remain in force for a period of two (2) months following the end of the Warranty Period for the removal of doubt Warranty and ancillary services (last Goods supplied under this Agreement, as set out those terms are defined in the Agreement), or as otherwise extended in writing by ISR, Supplier and Guarantor, and undertake to may be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected drawn down by ISR from us under this Guarantee, shall not exceed on one or more occasions up to the sum of € (in words) EUROaggregate amount referred to above. This Guarantee is unconditional and shall not be revocable by Guarantor or Supplier by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreementotherwise. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. In order to collect For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall not it have to produce any judgment or any other judicial document, and nor shall not it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for it, Supplier or on its behalf, behalf or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance or facsimile notice to Guarantor from an authorized representative of Israel Railways Ltd. or by a person designated in writing by him, substantially in the following form, ISR shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sums sum(s) under this Guarantee from us, and we shall pay such sums the Guarantor immediately upon such first the demand by of ISR: "Pursuant to the . This Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely interpreted in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) Israel, and any proceedings for enforcement shall be brought exclusively before the competent courts in Tel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee. DateCourt of Lod.

Appears in 1 contract

Samples: www.rail.co.il

Form of Performance and Warranty Guarantee. ToIsrael Railways Haifa East Station 0 Xxxxxxx Xxxxxx Xxxxxx P.O. Box 1481 Haifa, Israel Re: Guarantee No. (“Performance and Warranty Guarantee”) Whereas (“Supplier”) and Israel Railways Ltd. ("ISR") 1 Yoseftal Road, 7136801 X.X.X. 000 Xxx, Xxxxxx Performance and Warranty Guarantee Whereas, ISR and ("Supplier") entered into an Agreement No. on (the “Agreement”) for the supply of Carbon brushes for ISR's locomotives' traction motors, generators and alternators (the "Agreement"); Brushes”): Now, we Bank ...................................... (“Guarantor”) hereby irrevocably guarantee Guarantee the immediate payment, on first demand, to ISR due, punctual, true, faithful and satisfactory performance by of the sum of Euro in the event that Supplier of has not fully complied with all of its obligations under the obligations on its part contained in said Agreement, including its warranty obligations. This Guarantee shall be valid and remain in force for a period of two (2) months following the end of the Warranty Period for the removal of doubt Warranty and ancillary services (last Goods supplied under this Agreement, as set out those terms are defined in the Agreement), or as otherwise extended in writing by ISR, Supplier and Guarantor, and undertake to may be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected drawn down by ISR from us under this Guarantee, shall not exceed on one or more occasions up to the sum of € (in words) EUROaggregate amount referred to above. This Guarantee is unconditional and shall not be revocable by Guarantor or Supplier by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreementotherwise. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. In order to collect For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall not it have to produce any judgment or any other judicial document, and nor shall not it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for it, Supplier or on its behalf, behalf or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance or facsimile notice to Guarantor from an authorized representative of Israel Railways Ltd. or by a person designated in writing by him, substantially in the following form, ISR shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sums sum(s) under this Guarantee from us, and we shall pay such sums the Guarantor immediately upon such first the demand by of ISR: "Pursuant to the . This Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely interpreted in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) Israel, and any proceedings for enforcement shall be brought exclusively before the competent courts in Tel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this GuaranteeCourt of Lod. DateTHIS GUARANTEE IS NEITHER TRANSFERABLE NOR ASSIGNABLE IN ANY WAY WHATSOEVER

Appears in 1 contract

Samples: Agreement No.

Form of Performance and Warranty Guarantee. ToIsrael Railways Ltd. Haifa East Station 1 Hativat Xxxxxx Xxxxxx X.X. Xxx 0000 Xxxxx, Xxxxxx Re: Guarantee No. (“Performance and Warranty Guarantee”) Whereas (“Supplier”) and Israel Railways Ltd. ("ISR") 1 Yoseftal Road, 7136801 X.X.X. 000 Xxx, Xxxxxx Performance and Warranty Guarantee Whereas, ISR and ("Supplier") entered into an Agreement No. on (the “Agreement”) for the supply of R350HT Rails (the "Agreement"); Goods”): Now, we Bank ...................................... (“Guarantor”) hereby irrevocably guarantee Guarantee the immediate payment, on first demand, to ISR due, punctual, true, faithful and satisfactory performance by of the sum of Euro in the event that Supplier of has not fully complied with all of its obligations under the obligations on its part contained in said Agreement, including its warranty obligations. This Guarantee shall be valid and remain in force for a period of two (2) months following the end of the Warranty Period for the removal of doubt Warranty and ancillary services (last Goods supplied under this Agreement, as set out those terms are defined in the Agreement), or as otherwise extended in writing by ISR, Supplier and Guarantor, and undertake to may be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected drawn down by ISR from us under this Guarantee, shall not exceed on one or more occasions up to the sum of € (in words) EUROaggregate amount referred to above. This Guarantee is unconditional and shall not be revocable by Guarantor or Supplier by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreementotherwise. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. In order to collect For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall not it have to produce any judgment or any other judicial document, and nor shall not it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for it, Supplier or on its behalf, behalf or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance or facsimile notice to Guarantor from an authorized representative of Israel Railways Ltd. or by a person designated in writing by him, substantially in the following form, ISR shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sums sum(s) under this Guarantee from us, and we shall pay such sums the Guarantor immediately upon such first the demand by of ISR: "Pursuant to the . This Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely interpreted in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) Israel, and any proceedings for enforcement shall be brought exclusively before the competent courts in Tel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this GuaranteeCourt of Lod. DateGuarantor Annex F

Appears in 1 contract

Samples: www.rail.co.il

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