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7. ThisguaranteeshallbegovernedbyandconstruedinaccordancewiththelawsofIndia. INWITNESSWHEREOFtheGuarantor,throughitsdulyauthorisedrepresentatives,hascaused its seal to be duly affixed hereto and this guarantee to be duly executed the day of201.
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106 APPENDIXH PERFORMAOFBANKGUARANTEE TOBEPROVIDED PURSUANT TOARTICLE28 1. In consideration of Government of India (hereinafter referred to as “Government”) having entered into a Revenue SharingContractfortheblock dated (hereinafterreferredtoas“Contract”, whichexpressionshallincludealltheamendmentsagreedtobetweentheGovernmentandtheContract or, thereto),withM/s havingitsregisteredofficeat (hereinafterreferred toas ,whichexpressionunlessrepugnanttothecontextormeaningthereofincludeallits successors, administrators, executors and assigns), which is a constituent of the Contractor, and the Governmenthaveagreedthatthe CompanyshallfurnishtoGovernmentabankguarantee (hereinafter referred to as “Guarantee”) towards its obligations as provided in the Contract for US$(for Foreign Companies)/US$ equivalent in Indian Rupees (for Indian Companies) for the performance of its obligationsundertheContract. 2. We (nameoftheBank)registeredundertheLawof andhavingitsregistered officeat (hereinafterreferredtoas“theBank”,whichexpressionshallunlessrepugnant to the context or meaning thereof includes all its successors, administrators, executors and assigns) do herebyguaranteeandundertaketopayimmediatelyonthefirstdemandinwritingandany/allmoney(s)t o theextentofIndianRupees/US$ (infigures)and(IndianRupees/US$ inwords)without anydemur,reservation,contestorprotestand/orwithoutanyreferencetotheCompany.Anysuchdeman d made by Government on the Bank by serving a written notice shall be conclusive and binding, without any proof, on the Bank as regards the amount due and payable, notwithstanding any dispute(s) pending before any court, tribunal, arbitrator, sole expert, conciliator or any other authority and/or any other matterorthingwhatsoever,asliabilityunderthesepresentsbeingabsoluteandunequivocal. Weagree that the Guarantee herein contained shall be irrevocable and shall continue to be enforceable until it is dischargedbyGovernmentinwriting. ThisGuaranteeshallnotbedetermined,dischargedoraffectedby the liquidation, winding up, dissolution or insolvency of the Contractor and shall remain valid, binding andoperativeagainsttheBank. 3. The Bank also agreesthat theGovernment at its option shall be entitled to enforce this Guarantee against the Bankasaprincipaldebtor,inthefirstinstance,withoutproceedingagainstthe Company andnotwithstandinganysecurityorotherguaranteethatGovernmentmayhaveinrelationtotheCom pany’sliabilities. 4. TheBankfurtheragreesthatGovernmentshallhavefullestlibertywithoutourconsentandwithoutaffec ting inanymannerourobligationshereundertovaryanyofthetermsandconditionsofthesaidContractorto extendtimeofperformancebythesaid Companyfromtimetotimeortopostponeforany timeorfromtimetotimeexerciseofanyofthepowersvestedinGovernmentagainstthesaid_________
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