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Hyderabad Metro Rail Limited

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Schedule -2: Form of Agreement<br />

Annex-7<br />

Bank Guarantee for Performance Security<br />

(Refer Clause 7.1.3)<br />

To<br />

The Managing Director,<br />

<strong>Hyderabad</strong> <strong>Metro</strong> <strong>Rail</strong> <strong>Limited</strong>,<br />

<strong>Metro</strong> <strong>Rail</strong> Bhavan,<br />

Saifabad, <strong>Hyderabad</strong> – 500004.<br />

In consideration of ___________ acting on behalf of the Managing Director,<br />

<strong>Hyderabad</strong> <strong>Metro</strong> <strong>Rail</strong> <strong>Limited</strong> (hereinafter referred as the “Authority”, which<br />

expression shall, unless repugnant to the context or meaning thereof, include its<br />

successors, administrators and assigns) having awarded to M/s ………………..,<br />

having its office at ……………….. (hereinafter referred as the “Consultant” which<br />

expression shall, unless repugnant to the context or meaning thereof, include its<br />

successors, administrators, executors and assigns), vide the Authority‟s Agreement<br />

no. ………………. dated ……………….. valued at Rs. ……………….. (Rupees<br />

………………..), (hereinafter referred to as the “Agreement”) a consultancy services<br />

for <strong>Hyderabad</strong> <strong>Metro</strong> <strong>Rail</strong> Project, and the Consultant having agreed to furnish a<br />

Bank Guarantee amounting to Rs.……………….. (Rupees ………………..) to the<br />

Authority for performance of the said Agreement.<br />

We, ……………….. (hereinafter referred to as the “Bank”) at the request of<br />

the Consultant do hereby undertake to pay to the Authority an amount not exceeding<br />

Rs. ………………… (Rupees ………………….) against any loss or damage caused<br />

to or suffered or would be caused to or suffered by the Authority by reason of any<br />

breach by the said Consultant of any of the terms or conditions contained in the said<br />

Agreement.<br />

2. We, ……………….. (indicate the name of the Bank) do hereby undertake to<br />

pay the amounts due and payable under this Guarantee without any demur, merely on<br />

a demand from the Authority stating that the amount/claimed is due by way of loss or<br />

damage caused to or would be caused to or suffered by the Authority by reason of<br />

breach by the said Consultant of any of the terms or conditions contained in the said<br />

Agreement or by reason of the Consultant‟s failure to perform the said Agreement.<br />

Any such demand made on the bank shall be conclusive as regards the amount due<br />

and payable by the Bank under this Guarantee. However, our liability under this<br />

RFP for Financial Consultant: <strong>Hyderabad</strong> <strong>Metro</strong> <strong>Rail</strong> (MRTS) Project 82

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