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Bharat Sanchar Nigam Limited - National Portal of India

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Sub: Performance guarantee.<br />

Section- 7<br />

7(A) Pr<strong>of</strong>orma for the Performance Guarantee<br />

(To be typed on Rs.100/- non-judicial stamp paper)<br />

Whereas BSNL-J&K has agreed to award the work <strong>of</strong> Scanning, Uploading &<br />

Management <strong>of</strong> Customer Application Form (CAF) <strong>of</strong> BSNL Cellular customers alongwith<br />

web based monitoring system and supply <strong>of</strong> Server Hardware & S<strong>of</strong>tware in J&K Telecom<br />

Circle to M/s……………………………………………………………………………………………..<br />

R/o………………………………………………………………… (hereafter referred to as<br />

Contractor) and has asked him to submit a performance guarantee in favour <strong>of</strong> AGM(EB) O/o<br />

CGMT J&K Circle <strong>of</strong> Rs. …………../- which is valid up to ……/……/………<br />

Now at the request <strong>of</strong> the Contractor, We ……………………………………… Bank<br />

…………………………Branch having ………………………… ……….<br />

.……………………………………. (Address) and Regd. <strong>of</strong>fice address as ………<br />

………...……………………………………………………………………… ……… ………<br />

…………… (Hereinafter called ‘the Bank”) agreed to give this guarantee as hereinafter<br />

contained:<br />

1. We, ‘the Bank” do hereby undertake and assure to the BSNL that if in the opinion <strong>of</strong><br />

the BSNL, the Franchisee has in any way failed to observe or perform the terms and<br />

conditions <strong>of</strong> the said agreement or has committed any breach <strong>of</strong> its obligations thereunder,<br />

the Bank shall on demand and without any objection or demur pay to the BSNL<br />

the said sum <strong>of</strong> Rs. …………./- (Rupees ……………… only) or such lesser amount as<br />

BSNL may demand without requiring BSNL to have recourse to any legal remedy that<br />

may be available to it to compel the Bank to pay the same.<br />

2. Any such demand from the BSNL shall be conclusive as regards the liability <strong>of</strong><br />

Franchisee to pay to BSNL or as regards the amount payable by the Bank under this<br />

guarantee. The Bank shall not be entitled to withhold payment on the ground that the<br />

Franchisee had disputed its liability to pay or has disputed the quantum <strong>of</strong> the amount<br />

or that any arbitration proceeding or legal proceeding is pending between Franchisee<br />

and BSNL regarding the claim.<br />

3. We, the Bank further agree that the guarantee shall come into force from the date <strong>of</strong><br />

its issue and shall remain in full force and effect up …../ ….. / 20……. hereafter<br />

referred to as Validity date)<br />

50

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