Common use of FORM OF TENDER Clause in Contracts

FORM OF TENDER. SECURITY (Bank Guarantee) [The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.] [Guarantor Form head or SWIFT identifier code] Beneficiary:.................................... [Procuring Entity to insert its name and address] ITT No [Procuring Entity to insert reference number for the Request for Tenders] Alternative No [Insert identification No if this is a Tender for an alternative] Date: ................................................. [Insert date of issue] Guarantor [Insert name and address of place of issue, unless indicated in the Form head] We have been informed that [insert name of the Tenderer, which in the case of a joint venture shall be the name of the joint venture (whether legally constituted or prospective) or the names of all members there of](hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Tender (hereinafter called "the Tender") for the execution of under Request for Tenders No. (“The ITT”). Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be supported by a Tender guarantee. At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ( ) upon receipt by us of the Beneficiary's complying demand, supported by the Beneficiary's statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Applicant: (a) Has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Form of Tender (“the Tender Validity Period”), or any extension there to provide by the Applicant; or (b) Having been notified of the acceptance of its Tender by the Beneficiary during the Tender Validity Period or any extension thereto provided by the Applicant, (i) has failed to sign the Framework Agreement, or (ii) has failed to furnish the performance security, in accordance with the Instructions to Tenderers (“ITT”) of the Beneficiary's tendering document. This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of copies of the Framework AgreementsignedbytheApplicantandtheperformancesecurityissuedtothe Beneficiary in relation to such Framework Agreement; or (b) if the Applicant is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of the Beneficiary's notification to the Applicant of the results of the Tendering process; or (ii) twenty-eight days after the end of the Tender Validity Period. Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758. . FORM OF TENDER SECURITY (TENDER BOND) [The Surety shall fill in this Tender Bond Form in accordance with the instructions indicated.] BOND NO. BY THIS BOND [name of Tenderer] as Principal (herein after called “the Principal”), and [name, legal title, and address of surety],authorized to transact business in Kenya ,as Surety (hereinafter called “the Surety”), are held and firmly bound unto [name of Procuring Entity] as Obligee (hereinafter called “the Procuring Entity”) in the sum of [amount of Bond][amount in words], for the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. WHERE AS the Principal has submitted or will submit a written Tender to the Procuring Entity dated the day of , 20 , for the supply of [name of Contract](herein after called the “Tender”).

FORM OF TENDER. SECURITY (Bank Guarantee) [The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.] [Guarantor Form head or SWIFT identifier code] Beneficiary:.................................... [Procuring Entity to insert its name and address] ITT No [Procuring Entity to insert reference number for the Request for Tenders] Alternative No [Insert identification No if this is a Tender for an alternative] Date: ................................................. [Insert date of issue] Guarantor TENDER GUARANTEE No.: ......................................................... [Insert name and address of place of issue, unless indicated in the Form headguarantee reference number] We have been informed that [insert name of the Tenderer, which in the case of a joint venture shall be the name of the joint venture (whether legally constituted or prospective) or the names of all members there of](hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Tender (hereinafter called "the Tender") for the execution of under Request for Tenders No. (“The ITT”). Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be supported by a Tender guarantee. At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ( ) upon receipt by us of the Beneficiary's complying demand, supported by the Beneficiary's statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Applicant: (a) Has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Form of Tender (“the Tender Validity Period”), or any extension there to provide by the Applicant; or (b) Having been notified of the acceptance of its Tender by the Beneficiary during the Tender Validity Period or any extension thereto provided by the Applicant, (i) has failed to sign the Framework Agreement, or (ii) has failed to furnish the performance security, in accordance with the Instructions to Tenderers (“ITT”) of the Beneficiary's tendering document. This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of copies of the Framework AgreementsignedbytheApplicantandtheperformancesecurityissuedtothe Beneficiary in relation to such Framework Agreement; or (b) if the Applicant is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of the Beneficiary's notification to the Applicant of the results of the Tendering process; or (ii) twenty-eight days after the end of the Tender Validity Period. Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758. . FORM OF TENDER SECURITY (TENDER BOND) [The Surety shall fill in this Tender Bond Form in accordance with the instructions indicated.] BOND NO. BY THIS BOND [name of Tenderer] as Principal (herein after called “the Principal”), and [name, legal title, and address of surety],authorized to transact business in Kenya ,as Surety (hereinafter called “the Surety”), are held and firmly bound unto [name of Procuring Entity] as Obligee (hereinafter called “the Procuring Entity”) in the sum of [amount of Bond][amount in words], for the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. WHERE AS the Principal has submitted or will submit a written Tender to the Procuring Entity dated the day of , 20 , for the supply of [name of Contract](herein after called the “Tender”).

FORM OF TENDER. SECURITY (Bank Guarantee) [The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.] [Guarantor Form head or SWIFT identifier code] Beneficiary:.................................... [Procuring Entity to insert its name and address] ITT No [Procuring Entity to insert reference number for the Request for Tenders] Alternative No [Insert identification No if this is a Tender for an alternative] Date: ................................................. [Insert date of issue] Guarantor TENDER GUARANTEE No.: ......................................................... [Insert name and address of place of issue, unless indicated in the Form headguarantee reference number] We have been informed that [insert name of the Tenderer, which in the case of a joint venture shall be the name of the joint venture (whether legally constituted or prospective) or the names of all members there of](hereinafter of] (hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Tender (hereinafter called "the Tender") for the execution of under Request for Tenders No. (“The ITT”). Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be supported by a Tender guarantee. At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ( ) upon receipt by us of the Beneficiary's complying demand, supported by the Beneficiary's statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Applicant: (a) Has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Form of Tender (“the Tender Validity Period”), or any extension there to provide by the Applicant; or (b) Having been notified of the acceptance of its Tender by the Beneficiary during the Tender Validity Period or any extension thereto provided by the Applicant, (i) has failed to sign the Framework Agreement, or (ii) has failed to furnish the performance security, in accordance with the Instructions to Tenderers (“ITT”) of the Beneficiary's tendering document. This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of copies of the Framework AgreementsignedbytheApplicantandtheperformancesecurityissuedtothe Beneficiary in relation to such Framework Agreement; or (b) if the Applicant is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of the Beneficiary's notification to the Applicant of the results of the Tendering process; or (ii) twenty-eight days after the end of the Tender Validity Period. Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758. . FORM OF TENDER SECURITY (TENDER BOND) [The Surety shall fill in this Tender Bond Form in accordance with the instructions indicated.] BOND NO. BY THIS BOND [name of Tenderer] as Principal (herein after called “the Principal”), and [name, legal title, and address of surety],authorized to transact business in Kenya ,as Surety (hereinafter called “the Surety”), are held and firmly bound unto [name of Procuring Entity] as Obligee (hereinafter called “the Procuring Entity”) in the sum of [amount of Bond][amount in words], for the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. WHERE AS the Principal has submitted or will submit a written Tender to the Procuring Entity dated the day of , 20 , for the supply of [name of Contract](herein after called the “Tender”).

FORM OF TENDER. SECURITY (Bank Guarantee) [The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.] [Guarantor Form head or SWIFT identifier code] Beneficiary:.................................... [Procuring Entity to insert its name and address] ITT No [Procuring Entity to insert reference number for the Request for Tenders] Alternative No [Insert identification No if this is a Tender for an alternative] Date: ................................................. [Insert date of issue] Guarantor TENDER GUARANTEE No.: ......................................................... [Insert name and address of place of issue, unless indicated in the Form headguarantee reference number] We have been informed that [insert name of the Tenderer, which in the case of a joint venture shall be the name of the joint venture (whether legally constituted or prospective) or the names of all members there of](hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Tender (hereinafter called "the Tender") for the execution of under Request for Tenders No. (“The ITT”). Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be supported by a Tender guarantee. sums not exceeding in total an amount of ) upon receipt by us of the Beneficiary's complying 8 73 At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ( ) upon receipt by us of the Beneficiary's complying demand, supported by the Beneficiary's statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Applicant: (a) Has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Form of Tender (“the Tender Validity Period”), or any extension there to provide by the Applicant; or (b) Having been notified of the acceptance of its Tender by the Beneficiary during the Tender Validity Period or any extension thereto provided by the Applicant, (i) has failed to sign the Framework Agreement, or (ii) has failed to furnish the performance security, in accordance with the Instructions to Tenderers (“ITT”) of the Beneficiary's tendering document. This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of copies of the Framework AgreementsignedbytheApplicantandtheperformancesecurityissuedtothe Beneficiary in relation to such Framework Agreement; or (b) if the Applicant is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of the Beneficiary's notification to the Applicant of the results of the Tendering process; or (ii) twenty-eight days after the end of the Tender Validity Period. Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758. . FORM OF TENDER SECURITY (TENDER BOND) [The Surety shall fill in this Tender Bond Form in accordance with the instructions indicated.] BOND NO. BY THIS BOND [name of Tenderer] as Principal (herein after called “the Principal”), and [name, legal title, and address of surety],authorized to transact business in Kenya ,as Surety (hereinafter called “the Surety”), are held and firmly bound unto [name of Procuring Entity] as Obligee (hereinafter called “the Procuring Entity”) in the sum of [amount of Bond][amount in words], for the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. WHERE AS the Principal has submitted or will submit a written Tender to the Procuring Entity dated the day of , 20 , for the supply of [name of Contract](herein after called the “Tender”).

FORM OF TENDER. SECURITY (Bank Guarantee) [The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.] [Guarantor Form head or SWIFT identifier code] Beneficiary:.................................... : [Procuring Entity to insert its name and address] ITT No [Procuring Entity to insert reference number for the Request for Tenders] Alternative No [Insert identification No if this is a Tender for an alternative] Date: ................................................. [Insert date of issue] Guarantor [Insert name and address of place of issue, unless indicated in the Form head] We have been informed that [insert name of the Tenderer, which in the case of a joint venture shall be the name of the joint venture (whether legally constituted or prospective) or the names of all members there of](hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Tender (hereinafter called "the Tender") for the execution of under Request for Tenders No. (“The ITT”). Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be supported by a Tender guarantee. At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ( ) upon receipt by us of the Beneficiary's complying demand, supported by the Beneficiary's statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Applicant: (a) Has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Form of Tender (“the Tender Validity Period”), or any extension there to provide by the Applicant; or (b) Having been notified of the acceptance of its Tender by the Beneficiary during the Tender Validity Period or any extension thereto provided by the Applicant, (i) has failed to sign the Framework Agreement, or (ii) has failed to furnish the performance security, in accordance with the Instructions to Tenderers (“ITT”) of the Beneficiary's tendering document. This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of copies of the Framework AgreementsignedbytheApplicantandtheperformancesecurityissuedtothe Beneficiary in relation to such Framework Agreement; or (b) if the Applicant is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of the Beneficiary's notification to the Applicant of the results of the Tendering process; or (ii) twenty-eight days after the end of the Tender Validity Period. Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758. . FORM OF TENDER SECURITY (TENDER BOND) [The Surety shall fill in this Tender Bond Form in accordance with the instructions indicated.] BOND NO. BY THIS BOND [name of Tenderer] as Principal (herein after called “the Principal”), and [name, legal title, and address of surety],authorized to transact business in Kenya ,as Surety (hereinafter called “the Surety”), are held and firmly bound unto [name of Procuring Entity] as Obligee (hereinafter called “the Procuring Entity”) in the sum of [amount of Bond][amount in words], for the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. WHERE AS the Principal has submitted or will submit a written Tender to the Procuring Entity dated the day of , 20 , for the supply of [name of Contract](herein after called the “Tender”).

FORM OF TENDER. SECURITY (Bank Guarantee) [The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.] [Guarantor Form head or SWIFT identifier code] Beneficiary:.................................... Beneficiary [Procuring Entity to insert its name and address] ITT No [Procuring Entity to insert reference number for the Request for Tenders] Alternative No [Insert identification No if this is a Tender for an alternative] Date: ................................................. Date [Insert date of issue] Guarantor [Insert name and address of place of issue, unless indicated in the Form head] We have been informed that [insert name of the Tenderer, which in the case of a joint venture shall be the name of the joint venture (whether legally constituted or prospective) or the names of all members there of](hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Tender (hereinafter called "the Tender") for the execution of under Request for Tenders No. (“The ITT”). Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be supported by a Tender guarantee. At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ( ) upon receipt by us of the Beneficiary's complying demand, supported by the Beneficiary's statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Applicant: (a) Has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Form of Tender (“the Tender Validity Period”), or any extension there to provide by the Applicant; or (b) Having been notified of the acceptance of its Tender by the Beneficiary during the Tender Validity Period or any extension thereto provided by the Applicant, (i) has failed to sign the Framework Agreementcontract agreement, or (ii) has failed to furnish the performance security, in accordance with the Instructions to Tenderers (“ITT”) of the Beneficiary's tendering document. This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of copies of the Framework AgreementsignedbytheApplicantandtheperformancesecurityissuedtothe Contract agreementsignedbytheApplicantandtheperformancesecurityissuedtothe Beneficiary in relation to such Framework AgreementContract agreement; or (b) if the Applicant is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of the Beneficiary's notification to the Applicant of the results of the Tendering process; or (ii) twenty-eight days after the end of the Tender Validity Period. Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758. . FORM OF TENDER SECURITY (TENDER BOND) [The Surety shall fill in this Tender Bond Form in accordance with the instructions indicated.] BOND NO. BY THIS BOND [name of Tenderer] as Principal (herein after called “the Principal”), and [name, legal title, and address of surety],authorized to transact business in Kenya ,as Surety (hereinafter called “the Surety”), are held and firmly bound unto [name of Procuring Entity] as Obligee (hereinafter called “the Procuring Entity”) in the sum of [amount of Bond][amount in words], for the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. WHERE AS the Principal has submitted or will submit a written Tender to the Procuring Entity dated the day of , 20 , for the supply of [name of Contract](herein after called the “Tender”).

FORM OF TENDER. SECURITY (Bank Guarantee) [The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.] [Guarantor Form head or SWIFT identifier code] Beneficiary:.................................... [Procuring Entity to insert its name and address] ITT No [Procuring Entity to insert reference number for the Request for Tenders] Alternative No [Insert identification No if this is a Tender for an alternative] Date: ................................................. [Insert date of issue] Guarantor TENDER GUARANTEE No.: ......................................................... [Insert name and address of place of issue, unless indicated in the Form headguarantee reference number] We have been informed that [insert name of the Tenderer, which in the case of a joint venture shall be the name of the joint venture (whether legally constituted or prospective) or the names of all members there of](hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Tender (hereinafter called "the Tender") for the execution of under Request for Tenders No. (“The ITT”). Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be supported by a Tender guarantee. sums not exceeding in total an amount of ) upon receipt by us of the Beneficiary's complying 7 73 At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ( ) upon receipt by us of the Beneficiary's complying demand, supported by the Beneficiary's statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Applicant: (a) Has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Form of Tender (“the Tender Validity Period”), or any extension there to provide by the Applicant; or (b) Having been notified of the acceptance of its Tender by the Beneficiary during the Tender Validity Period or any extension thereto provided by the Applicant, (i) has failed to sign the Framework Agreement, or (ii) has failed to furnish the performance security, in accordance with the Instructions to Tenderers (“ITT”) of the Beneficiary's tendering document. This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of copies of the Framework AgreementsignedbytheApplicantandtheperformancesecurityissuedtothe Beneficiary in relation to such Framework Agreement; or (b) if the Applicant is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of the Beneficiary's notification to the Applicant of the results of the Tendering process; or (ii) twenty-eight days after the end of the Tender Validity Period. Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758. . FORM OF TENDER SECURITY (TENDER BOND) [The Surety shall fill in this Tender Bond Form in accordance with the instructions indicated.] BOND NO. BY THIS BOND [name of Tenderer] as Principal (herein after called “the Principal”), and [name, legal title, and address of surety],authorized to transact business in Kenya ,as Surety (hereinafter called “the Surety”), are held and firmly bound unto [name of Procuring Entity] as Obligee (hereinafter called “the Procuring Entity”) in the sum of [amount of Bond][amount in words], for the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. WHERE AS the Principal has submitted or will submit a written Tender to the Procuring Entity dated the day of , 20 , for the supply of [name of Contract](herein after called the “Tender”).

FORM OF TENDER. SECURITY (Bank Guarantee) [The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.] [Guarantor Form head or SWIFT identifier code] Beneficiary:.................................... [Procuring Entity to insert its name and address] ITT No [Procuring Entity to insert reference number for the Request for Tenders] Alternative No [Insert identification No if this is a Tender for an alternative] Date: ................................................. [Insert date of issue] Guarantor TENDER GUARANTEE No.: ......................................................... [Insert name and address of place of issue, unless indicated in the Form headguarantee reference number] We have been informed that [insert name of the Tenderer, which in the case of a joint venture shall be the name of the joint venture (whether legally constituted or prospective) or the names of all members there of](hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Tender (hereinafter called "the Tender") for the execution of under Request for Tenders No. (“The ITT”). Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be supported by a Tender guarantee. sums not exceeding in total an amount of ) upon receipt by us of the Beneficiary's complying 7 73 At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ( ) upon receipt by us of the Beneficiary's complying demand, supported by the Beneficiary's statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Applicant: (a) Has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Form of Tender (“the Tender Validity Period”), or any extension there to provide by the Applicant; or (b) Having been notified of the acceptance of its Tender by the Beneficiary during the Tender Validity Period or any extension thereto provided by the Applicant, (i) has failed to sign the Framework Agreement, or (ii) has failed to furnish the performance security, in accordance with the Instructions to Tenderers (“ITT”) of the Beneficiary's tendering document. This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of copies of the Framework AgreementsignedbytheApplicantandtheperformancesecurityissuedtothe Beneficiary in relation to such Framework Agreement; or (b) if the Applicant is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of the Beneficiary's notification to the Applicant of the results of the Tendering process; or (ii) twenty-eight days after the end of the Tender Validity Period. Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758. . 5. FORM OF TENDER SECURITY (TENDER BOND) [The Surety shall fill in this Tender Bond Form in accordance with the instructions indicated.] BOND NO. BY THIS BOND [name of Tenderer] as Principal (herein after called “the Principal”), and [name, legal title, and address of surety],authorized to transact business in Kenya ,as Surety (hereinafter called “the Surety”), are held and firmly bound unto [name of Procuring Entity] as Obligee (hereinafter called “the Procuring Entity”) in the sum of [amount of Bond][amount in words], for the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. WHERE AS the Principal has submitted or will submit a written Tender to the Procuring Entity dated the day of , 20 , for the supply of [name of Contract](herein after called the “Tender”).

FORM OF TENDER. SECURITY (Bank Guarantee) [The bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.] [Guarantor Form head or SWIFT identifier code] Beneficiary:.................................... [Procuring Entity to insert its name and address] ITT No [Procuring Entity to insert reference number for the Request for Tenders] Alternative No [Insert identification No if this is a Tender for an alternative] Date: ................................................. [Insert date of issue] Guarantor TENDER GUARANTEE No.: ......................................................... [Insert name and address of place of issue, unless indicated in the Form headguarantee reference number] We have been informed that [insert name of the Tenderer, which in the case of a joint venture shall be the name of the joint venture (whether legally constituted or prospective) or the names of all members there of](hereinafter called "the Applicant") has submitted or will submit to the Beneficiary its Tender (hereinafter called "the Tender") for the execution of under Request for Tenders No. (“The ITT”). Furthermore, we understand that, according to the Beneficiary's conditions, Tenders must be supported by a Tender guarantee. At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the Beneficiary any sum or sums not exceeding in total an amount of ( ) upon receipt by us of the Beneficiary's complying 7 73 demand, supported by the Beneficiary's statement, whether in the demand itself or a separate signed document accompanying or identifying the demand, stating that either the Applicant: (a) Has withdrawn its Tender during the period of Tender validity set forth in the Applicant's Form of Tender (“the Tender Validity Period”), or any extension there to provide by the Applicant; or (b) Having been notified of the acceptance of its Tender by the Beneficiary during the Tender Validity Period or any extension thereto provided by the Applicant, (i) has failed to sign the Framework Agreement, or (ii) has failed to furnish the performance security, in accordance with the Instructions to Tenderers (“ITT”) of the Beneficiary's tendering document. This guarantee will expire: (a) if the Applicant is the successful Tenderer, upon our receipt of copies of the Framework AgreementsignedbytheApplicantandtheperformancesecurityissuedtothe Beneficiary in relation to such Framework Agreement; or (b) if the Applicant is not the successful Tenderer, upon the earlier of (i) our receipt of a copy of the Beneficiary's notification to the Applicant of the results of the Tendering process; or (ii) twenty-eight days after the end of the Tender Validity Period. Consequently, any demand for payment under this guarantee must be received by us at the office indicated above on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758. . FORM OF TENDER SECURITY (TENDER BOND) [The Surety shall fill in this Tender Bond Form in accordance with the instructions indicated.] BOND NO. BY THIS BOND [name of Tenderer] as Principal (herein after called “the Principal”), and [name, legal title, and address of surety],authorized to transact business in Kenya ,as Surety (hereinafter called “the Surety”), are held and firmly bound unto [name of Procuring Entity] as Obligee (hereinafter called “the Procuring Entity”) in the sum of [amount of Bond][amount in words], for the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. WHERE AS the Principal has submitted or will submit a written Tender to the Procuring Entity dated the day of , 20 , for the supply of [name of Contract](herein after called the “Tender”).