Bon Perlaksanaan
Bon Perlaksanaan
Bon Perlaksanaan
THIS AGREEMENT is made the 17 day of July 2008 BETWEEN Bank Islam Malaysia Berhad (BIMB) of 2 Jalan 6c/7, Bangi, 43650 Bandar Baru Bangi (hereinafter called the Guarantor of the one Part and Government of Malaysia of the other Part. WHEREAS In consideration of the Government allowing Transformer Engineering Sdn Bhd (hereinafter referred to as the Contractor) to supply and deliver/provide services to the Government to construct a highway known as Projek Lebuhraya Pantai Timur Fasa 2 dari CH 25000to CH
WE, the undersigned at the request of the Contractor irrevocably undertake a guarantee to the Gov~rnment that; The Guarantor has agreed to guarantee the due performance of the Contract in the manner hereinafter appearing. Now the Guarantor hereby agrees with the Government as follows: 1. On the Governments first written demand, the Guarantor shall forthwith pay to the
Government the amount specified in such demand not withstanding any contestation or protest by the Contractor or Guarantor or by any other third party and without proof or conditions. Provided always that the total of all demands so made shall not exceed the sum of Ringgit recoverable against the Guarantor under this Agreement shall not exceed the said sum. Malaysia Eight Million Four Hundred And Sixty Thousand (RM 8,460,000). and the total amount
2.
The Government reserve the right to make any partial demands if it shall so desire and Malaysia
the total of all such partial demands so made shall not exceed the sum of Ringgit
Eight Million Four Hundred And Sixty Thousand (RM 8,460,000) and the liability of the Guarantor to pay the Government the aforesaid shall correspondingly be reduced proportionate to any payment of partial demand having been made by the Guarantor.
3.
The Guarantor shall not be discharged or released from this Guarantee by any
arrangement between the Contractor and the Government with or without the consent of the Guarantor or by any alteration in the obligation undertaken by the Contractor or by any forbearance, whether as to payment, time, performance or otherwise.
4.
The Guarantee given by the Guarantor is a continuing guarantee. This Agreement shall be
irrevocable and shall initially remain in force and effect until 20th December 2010 (hereinafter referred to as the Initial Expiry Date) being the end of a period of twelve (12) calendar months after either the expiry date of the Contract or the last delivery of the Articles whichever is later. The Guarantor shall upon the request of the Government extend the Initial Expiry Date of this guarantee for a further period of one (1) calendar year from the Initial Expiry Date (hereinafter referred to as the Extended Expiry Date) and the Guarantee shall be so extended. The maximum aggregate amount that the Government shall be entitled to under this Agreement shall not exceed the said Sum of Ringgit Malaysia Eight Million Four Hundred And Sixty Thousand (RM 8,460,000)
5.
All whatsoever obligations and liabilities of the Guarantor under this Agreement shall
cease upon the determination of this Agreement on the Initial Expiry Date or the Extended Expiry Date as the case may be save to the extent that the Government shall previously have called upon the Guarantor in writing to pay specified moneys payable under the Contract then remaining outstanding.
6.
BY THE BANK COMPANY DURING THE VALIDITY PERIOD OF THIS GUARANTEE OR WITHIN FOUR (4) WEEKS FROM THE EXPIRY DATE OF THIS GUARANTEE WHICHEVER IS THE LATER. IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first abovewritten.
.. (Witness) Name : Khairul Munir Kamaruzzaman Designation Officer Bank Company : Ass. Chief Financial
Signed for and on behalf of the ) Said Government of Malaysia in ) the presence of