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. 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 Lod, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee.
Performance and Warranty Guarantee. 17.1 To secure the punctual, complete and entire performance of all of Supplier's obligations under this Agreement, Supplier will furnish the Warranty Guarantee (collectively, the "Guarantee"), all as specified in this Section below. Guarantee shall be issued by a first class bank approved in advance by ISR.
17.2 No later than fourteen (14) Business Days following the date of the Purchase Order, Supplier shall furnish ISR with an irrevocable autonomous Guarantee, approved in advance by ISR and issued in the form attached hereto as Appendix E in the amount equal to 1,000,000 Euro valid until two (2) months following the end of the Warranty Period for the last Goods supplied under this Agreement. Until Supplier shall have issued the Guarantee as per the above, the Bid Guarantee shall serve as the Guarantee for any and all purposes.
17.3 Guarantee shall be in the relevant form for such Guarantee attached as Appendix E and shall be denominated in Euros only. Guarantee shall be unconditional and irrevocable bank guarantees, issued by a first-class bank acceptable to ISR at its sole and absolute discretion (which acceptance must be recorded in advance and in writing), to be paid upon first written demand without the need to prove or substantiate the demand.
17.4 Except as otherwise specified in this Agreement, the timely submission of Guarantee to be furnished by Supplier to ISR under this Agreement is considered pre-requisites for ISR's execution of any payment due to Supplier under this Agreement.
17.5 Supplier shall maintain the Guarantee valid through their respective times as stipulated in this Section. If sixty (60) days prior to the expiration of Guarantee, Supplier has not completed all of the respective obligations to be performed during the time period secured by such Guarantee, or if such period has been extended, Supplier shall provide, at its own expense, a substitute Guarantee meeting the requirements of this Section, or extend the term of the relevant Guarantee and notify ISR of such extension, failing which ISR shall be entitled, without derogating from any other remedy that may be available to it under the circumstances, to collect from any of the Guarantees, the amount of that Guarantee.
17.6 Collection on a Guarantee or any part thereof by ISR shall not derogate from the right of ISR to terminate this Agreement, nor from its right to any remedy that may be available to it under any applicable law and/or agreement or relieve Supplier of any of ...
Performance and Warranty Guarantee. 16.1. To secure the punctual, complete and entire performance of all of Supplier's obligations under this Agreement, including without limitation to the Supplier's warranty obligations and Supplier's obligations to pay ISR any Liquidated Damages if applicable, Supplier shall furnish ISR within ten (10) days of the Effective Date, with an irrevocable autonomous bank guarantee to be paid upon first written demand without the need to prove or substantiate the demand from a first class bank, approved in advance by ISR, in the full amount of ten (10) percent of the full Consideration issued in the form attached hereto as Annex E (the "Performance and Warranty Guarantee").
16.2. The Performance and Warranty Guarantee shall remain in full force and effect until sixty (60) days following the end of the Warranty Period.
16.3. The extension of the Performance and Warranty Guarantee shall be at the Supplier's sole responsibility. In the event the required extension is not submitted to ISR at least thirty (30) days prior to the expiry date of the existing guarantee, ISR shall be entitled to exercise such guarantee.
16.4. Without derogating from the above, the submission of the Performance and Warranty Guarantee shall be a pre-condition to effecting any payments due to the Supplier under this Agreement.
Performance and Warranty Guarantee. No later than seven (7) Business Days following the Effective Date the Supplier shall furnish ISR with an irrevocable autonomous bank guarantee, approved in advance by ISR and issued in the form attached hereto as Annex G2 in the amount equal to ten percent (10%) of the BRM Price, valid until two (2) months following the end of the Warranty Period (the "Performance and Warranty Guarantee").
Performance and Warranty Guarantee.
8.2.1 To ensure the Operator’s due and punctual performance of the Contract, the Operator has prior to Contract Signing provided to the DEA an unconditional and irrevocable on-demand Performance and Warranty Guarantee issued by a Guarantor in favour of the DEA. Such Guarantee shall be in the form of Appendix 11, Model performance and warranty guarantee, and shall cover any type of claim raised by the DEA, including but not limited to claims for Penalties, repayment and reduction of Subsidies and damages.
8.2.2 The Guarantor shall be domiciled in the EU / EEA.
8.2.3 The Guarantor shall at least have the ratings for long-term debt specified below from two (2) of the mentioned three rating institutions (or corresponding ratings for long-term debt from similar reputa- ble international rating institutions):
a) A- rating for long-term debt issued by Standard & Poor’s;
b) A- rating for long-term debt issued by Fitch; and / or
c) A3 rating for long-term debt issued by Moody’s.
8.2.4 The liability of the Guarantor under the Performance and Warranty Guarantee shall, subject to clause 8.2.5, be limited to DKK six hundred million (600,000,000) however subject to adjustment for inflation, see clause 8.2.6 .
8.2.5 The Operator shall also be entitled provide the Performance and Warranty Guarantee with a fixed amount (which, at Contract Signing, shall be DKK six hundred million (600,000,000)). In such in- stance, the Operator shall be obliged to provide a new Performance and Warranty Guarantee within twenty (20) Business Days after the adjustment for inflation has taken place in accordance with clause 8.2.6 .
8.2.6 The adjustment of the amount of the Performance and Warranty Guarantee for inflation shall be calculated on the basis of the ICF in accordance with Appendix 6, clause 3.3.3 and clause 3.
Performance and Warranty Guarantee. 19.1 To secure the punctual, complete and entire performance of all of Supplier's obligations under this Agreement, Supplier will furnish the Performance and Warranty Guarantee, Down Payment Guarantee and the Payment Guarantee (collectively, the "Guarantees"), all as specified in this Section 19 below. All of the Guarantees shall be issued by a first class bank approved in advance by ISR.
19.2 Performance and Warranty Guarantee, no later than seven (7) Business Days following the date of the Purchase Order, Supplier shall furnish ISR with an irrevocable autonomous Performance and Warranty Guarantee, approved in advance by ISR and issued in the form attached hereto as Annex D in the amount equal to ten percent (10%) of the RRV Price, valid until two (2) months following the end of the Warranty Period and/or the Optional Warranty Period. Until Supplier shall have issued the Performance and Warranty Guarantee as per the above, the Bid Guarantee shall serve as the Performance and Warranty Guarantee for any and all purposes. If ISR elects to exercise its rights set forth in 19.1, Supplier shall ensure that the Performance and Warranty Guarantee remains valid until two months following the end of the Warranty Period. In the event, that Supplier shall supply both PRRV and TRRV { in accordance with the outcome of the Tender], then the Performance and Warranty Guarantee shall reflect both the PRRV and TRRV Price.
Performance and Warranty Guarantee. Whereas, ISR and ("Supplier") entered into Agreement No.
Performance and Warranty Guarantee. 20.1 To secure the punctual, complete and entire performance of all of Supplier's obligations under this Agreement (including all Subcontractors), Supplier will furnish the Performance and Warranty Guarantee, Down Payment Guarantee and the Payment Guarantee (collectively, the "Guarantees"), all as specified in this Section below. All of the Guarantees shall be issued by a first class bank approved in advance by ISR.
Performance and Warranty Guarantee. 12.1 To ensure the Operator’s due and punctual performance of the Contract, the Operator shall provide a Performance and Warranty Guarantee as described in this clause 12. The guarantee shall be issued in favour of the DEA on the terms and conditions specified in Appendix 9, Model perfor- xxxxx and warranty guarantee, and this clause 12. All expenses in issuing and maintaining the guarantee shall be borne by the Operator. The Operator shall ensure that the guarantee is valid and enforceable until the criteria for release of the guarantee have been fulfilled as described in clause 12.11.
12.2 The Operator has prior to contract signing provided to the DEA an unconditional and irrevocable on-demand Performance and Warranty Guarantee issued by a Guarantor in favour of the DEA as described in this clause 12.
12.3 The Performance and Warranty Guarantee shall cover any type of claim raised by the DEA, includ- ing but not limited to claims for Penalties, repayment and reduction of Subsidies and damages.
12.4 The Guarantor shall be domiciled in the EU / EEA.
12.5 The Guarantor shall at least have the ratings for long-term debt specified below from two (2) of the mentioned three rating institutions (or corresponding ratings for long-term debt from similar reputa- ble international rating institutions):
a) A- rating for long-term debt issued by Standard & Poor’s;
b) A- rating for long-term debt issued by Fitch; and / or
c) A3 rating for long-term debt issued by Moody’s.
12.6 The liability of the Guarantor under the Performance and Warranty Guarantee shall, subject to clause 12.7, be limited to an amount in DKK corresponding to Subsidy Rate 2024 x Annual Quan- tity, however subject to adjustment for inflation, see Appendix 5, Subsidy and economy scheme, clause 3.4. The Subsidy Rate 2024 is for the purpose of the Performance and Warranty Guarantee calculated on the basis of the index in Appendix 5, Subsidy and economy scheme, clause 3.3.1.
12.7 The Operator shall also be entitled provide the Performance and Warranty Guarantee with a fixed amount which, at contract signing, shall have an amount in DKK corresponding to Subsidy Rate 2024 x Annual Quantity. The Subsidy Rate 2024 is for the purpose of the Performance and War- ranty Guarantee calculated on the basis of the index in Appendix 5, Subsidy and economy scheme, clause 3.
3.1. In such instance, the Operator shall be obliged to provide a new Performance and Warranty Guarantee within twenty (20) Business Days after th...
Performance and Warranty Guarantee. No later than seven (7) Business Days following the Effective Date, the Supplier shall furnish ISR with an irrevocable autonomous Pilot Performance and Warranty Guarantee, approved in advance by ISR and issued in the form attached hereto as Annex G-2-1 in the amount equal to ten percent (10%) of the Pilot Price, valid until two (2) months following the end of the Warranty Period and amount equal to five percent (5%) of the Pilot Price, valid until two (2) months following the end of the Optional Maintenance Period, if purchased by Supplier. No later than seven (7) Business Days following Pilot Acceptance Certificate, the Supplier shall furnish ISR with an irrevocable autonomous Initial Purchase Order Performance and Warranty Guarantee, approved in advance by ISR and issued in the form attached hereto as Annex G-2-1 in the amount equal to ten percent (10%) of the Initial Purchase Order Price, valid until two (2) months following the end of the Warranty Period and amount equal to five percent (5%) of the Initial Purchase Order Price, valid until two (2) months following the end of the Optional Maintenance Period, if purchased by Supplier.
