Format for Advance Bank Guarantee (“ABG”)

(For the purpose of verification/confirmation of this Bank Guarantee by the Owner, the Bank
shall indicate 2 official email ids of the authorized signatories from Issuing Branch and also
of the designated higher office (Corporate Office, Zonal Office etc) in the covering letter of
the Bank forwarding the Bank Guarantee.)

Bank Guarantee No. …………………… Date...................

Contract No..................................... …………..[Name of Contract]…………………….

To: RAPP Transmission Company Limited (RTCL)

Unit No. 101, First Floor, Windsor, Village Kolekalyan, off CST Road,
Vidyanagari Marg, Kalina,
Santacruz (East), Mumbai – 400098
Dear Ladies and/or Gentlemen,

We refer to the Contract ("the Contract") signed on ..............(insert date of the Contract)….....
between you and M/s ................. (Name of Contractor) .................., (or) vide notification of
award issued on [] February 2022 (insert date of the notification of award)….by you (“the
Owner”) to M/s .................(Name of Contractor) .................., having its Registered Office at
………....(Registered address of Contractor)
........................................................................................ ("the Contractor") for the complete
execution of the Dismantling, Destrining, Transportation To And From Store, Supply, Civil
Works, Erection, And Commissioning Services For Shifting Of 400 Kv Transmission Lines /
Towers (insert name of Package alongwith name of the Project)

Whereas, in accordance with the terms of the said Contract, the Owner has agreed to pay or
cause to be paid to the Contractor interest bearing Advance Payment(s) against furnishing of
an irrevocable bank guarantee for amount of ………………………..(Amount in figures and
words).

By this letter we, the undersigned, ………(insert name & address of the issuing bank) ………,
a Bank (which expression shall include its successors, administrators, executors and assigns)
organized under the laws of .................................... and having its Registered/Head Office at
…..…….(insert address of registered office of the bank)……..... do hereby irrevocably and
unconditionally guarantee repayment of ………….(Amount of the bank guarantee in figures
and words)…………… upon the first demand of the Owner without demur, reservation,
recourse, dispute, protest, delay, proof, condition, cavil or argument, and without, in any way,
first pursuing or exhausting any other rights or remedies which Owner may have against the
Contractor, in the event that the Contractor fails to commence or fulfill its obligations under the
terms of the said Contract for reasons whatsoever.

Any such demand made by the Owner shall be conclusive and binding notwithstanding any
difference between the Owner and the Contractor or any dispute pending before any court,
tribunal, arbitrator or any other authority or court. Bank agrees that the guarantee herein
contained shall be irrevocable and shall continue to be enforceable till this Guarantee is
discharged by Owner.

Provided always that the Bank’s obligation shall be limited to the amount of this Bank
Guarantee or an amount equal to the outstanding balance of the Advance Payment(s) and the
accrued interest on the Advance Payment(s), taking into account such amounts, which have
been repaid by the Contractor from time to time in accordance with the terms of payment of
the said Contract and/or Contract, as certified by you.

This Guarantee shall remain valid, effective and in full force from the date upon which the said
Advance Payment(s) are received by the Contractor up to ninety (90) days beyond the Time
for Completion (as may be extended) on which the entire Advance Payment(s) along with the
accrued interest if any due thereon has been fully adjusted in terms of the Contract and/or
Contract. This Guarantee may be extended from time to time, as may be desired by M/s. RTCL
on whose behalf this Guarantee has been issued.

Any claims to be made under this Guarantee must be received by the Bank during its period
of validity, i.e. upto ninety (90) days beyond the Time for Completion, by the Owner i.e. upto
and inclusive of ……………. (dd/mm/yy). On receiving the claim notice from the Owner, the
Bank shall make the payment of the guaranteed amount as per the details mentioned in the
claim notice no later than 1 Business day from the date of receipt of the claim notice from the
Owner.

The Bank agrees and acknowledges that: (a) this Guarantee is a valid up to claim expiry date
and will remain in force until written claim or demand is served upon the Bank on or before the
claim expiry date; (b) the claim notice shall be conclusive evidence of the Bank’s liability to
pay under this Guarantee and the Bank shall not be entitled to challenge or question the
grounds on which such amounts have become payable or the claim notice has been issued;
(c) the guaranteed amount shall be paid by the Bank without any protest or delay or condition,
in clear funds by crediting the bank account set out in the claim notice of the Owner, in full,
without any set-off or counterclaim and free and clear of and without any deduction or
withholding of any nature whatsoever; and (d) this Guarantee shall not be affected, impaired,
discharged or waived by: (i) any changes in the constitution of the Bank; (ii) by the liquidation,
winding up, dissolution, change of constitution, insolvency or any other arrangement with the
creditors of the Contractor and shall in all respects and for all purposes be binding and
operative until payment of guaranteed amount under this Guarantee or until the claim expiry
date, whichever is earlier; and (iii) any variation, amendment or waiver of the Agreement.

Owner shall have the fullest liberty without affecting in any way the liability of the Bank under
this Guarantee, from time to time to extend the guarantee period basis any extensions made
under the CONTRACT. Owner shall have the fullest liberty without affecting this Guarantee to
postpone from time to time the exercise of any power vested in them or of any right which they
might have against the Contractor, and to exercise the same at any time in any manner, and
either to enforce or to forbear to enforce any covenants, contained and implied, in the
CONTRACT or any other course or remedy or security available to the Owner.

The Bank shall not be released of its obligations under these presents by any exercise by the
Owner of its liberty with reference to the matters aforesaid or any of them or by reason or any
other act or forbearance or other acts of omission or commission on the part of the Owner or
any other indulgence shown by the Owner or by any other matter or thing, whatsoever, which
under law would, but for this provision have the effect of relieving the Bank.

The Bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
Contractor and notwithstanding any security or other guarantee that the Owner may have in
relation to the Contractor’s liabilities.

The Bank represents and warrants that it has the authority and capacity to issue this
Guarantee and that this Guarantee constitutes valid, legal and binding obligations of the Bank
enforceable against it in accordance with the terms hereof. If any of the provisions of this
Guarantee become invalid, or unenforceable in any respect under any law, the validity, and
enforceability of the remaining provisions shall not in any way be affected or impaired.

This Guarantee may not be amended or modified or varied without the prior written consent
of the Bank, the Owner and the Contractor. Neither the Bank nor the Owner shall assign their
rights or transfer their rights or obligations under this Guarantee. Notices or other
communication required or permitted to be made hereunder shall be in writing and delivered
personally, or by registered post acknowledgement due, or by internationally recognized
courier service addressed to the intended recipient, at the address of the recipient set out
below:

(a) If to the Bank: [Insert Address]

(b) If to the Owner: Unit No 101, First Floor, Windsor Village, Kole Kalyan off CST Road,
Vidyanagari Marg, Santacruz (East) Mumbai, Maharashtra – 400098

or such other notice details which the Bank or the Owner may notify to the others with 5 (five)
business days’ prior written notice.

Any such notice or communication shall be in English and shall be deemed to have been
served (a) if sent by hand delivery by a person, when delivered, (b) if sent by courier, then on
the receipt of the courier by the Bank, and (c) if sent by registered post acknowledgement due,
then on acknowledgment in the due course of the post.

Notwithstanding anything contained herein:

1. Our liability under this Bank Guarantee shall not exceed _________ (value in
figures)____________ [_____________________ (value in words)____________].

2. This Bank Guarantee shall be valid upto ________(validity date)__________.

3. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee
only & only if we receive a written claim or demand on or before ________ (validity date).
__________

For and on behalf of the Bank

[Signature of the authorised signatory(ies)]

Signature_______________________

Name_______________________

Designation_______________________

POA Number_______________________

Contact Number(s):

Tel.______________Mobile______________

Fax Number_______________________ email ____________________________

Common Seal of the Bank______________________

Witness:

Signature_______________________

Name_______________________

Address______________________________

Contact Number(s): Tel.______________Mobile______________

email ____________________________
 Format for Contract Performance Bank Guarantee (“CPBG”)

Dated: [INSERT]

Bank Guarantee No.: [INSERT]

Date: [INSERT]

B/G Amount Rs. [PLEASE INSERT VALUE]

Validity: [PLEASE INSERT DATE]

To, RAPP Transmission Company Limited (RTCL)

Unit No. 101, First Floor, Windsor, Village Kolekalyan, off CST Road, Vidyanagari Marg,
Kalina, Santacruz (East), Mumbai – 400098 India

M/s RAPP Transmission Company Limited (hereinafter referred to as the ‘Beneficiary’ or

‘RTCL’, which expression shall, unless repugnant to the context or meaning thereof include
its successors, administrators and permitted assigns) has awarded to …………. (hereinafter
referred to as the ‘Contractor’ which expression shall unless repugnant to the context or
meaning thereof, include its successors, administrators, executers and permitted assigns), a
Contract (“Contract”), dated [INSERT], for the entire Dismantling, Destrining, Transportation
To And From Store, Supply, Civil Works, Erection, And Commissioning Services For Shifting
Of 400 Kv Transmission Lines / Towers (the “Project”).

This has been accepted by the Contractor, in accordance with the terms and conditions of the
Contract. Basis this, the Contractor is required to procure a bank guarantee for [INSERT
AMOUNT] and furnish the same to the Beneficiary.

Accordingly, with reference to the above, [INSERT NAME OF BANK], a company incorporated
and registered under the Companies Act, [INSERT] and a banking company within the
meaning of section 5(c) of the Banking Regulation Act, 1949 having its registered office at
[INSERT] and having a Branch office among other places at [INSERT] (“Bank”), the Bank shall
hereby provide this bank guarantee (“Guarantee”) in terms of the CONTRACT to secure the
performance of obligations of the Contractor in respect of all obligations and liabilities of the
Contractor under the CONTRACT.

Bank hereby guarantee to pay the Beneficiary, an amount up to Rs. [INSERT]/- [Rupees
[INSERT]] (“Guaranteed Amount”), subject to the following terms and conditions:

1. The Bank irrevocably and unconditionally undertakes as its principal, absolute,

independent and primary obligation to pay to RTCL, without demur, reservation,
recourse, dispute, protest, delay, proof or condition, without, in any way, first pursuing
or exhausting any other rights or remedies which RTCL may have against the
Contractor and/or without any reference to the Contractor, on receipt of a written claim
notice from the Beneficiary on or prior to [INSERT](“Claim Expiry Date”), for an amount
not exceeding the Guaranteed Amount.
 [Note: The above date should be a period of at least 3 months post the expiry of the
initial validity period of the relevant bank guarantee as provided in the CONTRACT.]
2. Any such demand made by RTCL to the Bank shall be conclusive and binding
notwithstanding any difference between the RTCL and the Contractor or any dispute
pending before any court, tribunal, arbitrator or any other authority or court. Bank
agrees that the guarantee herein contained shall be irrevocable and shall continue to
be enforceable till this Guarantee is discharged by RTCL.
3. This Guarantee shall be valid and effective on and from the date of issuance i.e.
[INSERT] (“Guarantee Validity Date”) and shall remain valid, irrevocable and in force
until [INSERT] (“Guarantee Period”)
[Note: This date should be validity period identified in the CONTRACT i.e. till
completion of Defects Notification Period.] We are liable to pay the Guaranteed
Amount or any part thereof under this Bank Guarantee only and only if you serve upon
us as written claim or demand on or before Claim Expiry Date. This Guarantee shall
become null and void and shall have no force or effect whatsoever if the claim is made
after the Claim Expiry Date. Provided however that if any claim notice(s) is so served
within the Guarantee Period, this Guarantee shall continue to be in force and effect in
respect of the amount so claimed until the earlier of (a) the payment being made to
RTCL in terms of this Guarantee; or (b) obligation of the Bank in respect thereof is
finally determined in court or otherwise and the payment of the obligation so
determined is made to RTCL.
4. On receiving the claim notice in accordance with the provisions of Clause 1 above, the
Bank shall make the payment of the Guaranteed Amount as per the details mentioned
in the claim notice no later than 1 Business day from the date of receipt of the claim
notice.
5. The Bank agrees and acknowledges that:
a. this Bank Guarantee is a valid up to Claim Expiry Date and will remain in force
until written claim or demand is served upon the Bank on or before the Claim
Expiry Date;
b. the claim notice shall be conclusive evidence of the Bank’s liability to pay under
this Guarantee and the Bank shall not be entitled to challenge or question the
grounds on which such amounts have become payable or the claim notice has
been issued;
c. the Guaranteed Amount shall be paid by the Bank without any protest or delay
or condition, in clear funds by crediting the bank account set out in the claim
notice, in full, without any set-off or counterclaim and free and clear of and
without any deduction or withholding of any nature whatsoever;
d. this Guarantee shall not be affected, impaired, discharged or waived by: (i) any
changes in the constitution of the Bank; (ii) by the liquidation, winding up,
dissolution, change of constitution, insolvency or any other arrangement with
the creditors of the Contractor and shall in all respects and for all purposes be
 binding and operative until payment of Guaranteed Amount under this
Guarantee or until the Claim Expiry Date, whichever is earlier; and (iii) any
variation, amendment or waiver of the of the Agreement.
6. RTCL shall have the fullest liberty without affecting in any way the liability of the Bank
under this guarantee, from time to time to extend the Guarantee Period basis any
extensions made under the CONTRACT. RTCL shall have the fullest liberty without
affecting this Guarantee to postpone from time to time the exercise of any power
vested in them or of any right which they might have against the Contractor, and to
exercise the same at any time in any manner, and either to enforce or to forbear to
enforce any covenants, contained and implied, in the CONTRACT or any other course
or remedy or security available to RTCL. The Bank shall not be released of its
obligations under these presents by any exercise by RTCL of its liberty with reference
to the matters aforesaid or any of them or by reason or any other act or forbearance
or other acts of omission or commission on the part of RTCL or any other indulgence
shown by RTCL or by any other matter or thing, whatsoever, which under law would,
but for this provision have the effect of relieving the Bank.
7. The Bank also agrees that RTCL at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against
the Contractor and notwithstanding any security or other guarantee that RTCL may
have in relation to the Contractor’s liabilities.
8. The Bank represents and warrants that it has the authority and capacity to issue this
Guarantee and that this Guarantee constitutes valid, legal and binding obligations of
the Bank enforceable against it in accordance with the terms hereof.
9. If any of the provisions of this Guarantee become invalid, or unenforceable in any
respect under any law, the validity, and enforceability of the remaining provisions shall
not in any way be affected or impaired.
10. This Guarantee may not be amended or modified or varied without the prior written
consent of the Bank, RTCL and the Contractor.
11. Neither the Bank nor RTCL shall assign their rights or transfer their rights or obligations
under this Guarantee.
12. Notices or other communication required or permitted to be made hereunder shall be
in writing and delivered personally, or by registered post acknowledgement due, or by
internationally recognized courier service addressed to the intended recipient, at the
address of the recipient set out below:
(a) If to the Bank: [Insert Address]
(b) If to RTCL: Unit No 101, First Floor, Windsor Village, Kole Kalyan off CST Road,
Vidyanagari Marg, Santacruz (East) Mumbai, Maharashtra – 400098
or such other notice details which the Bank or RTCL may notify to the others with 5
(five) business days’ prior written notice. Any such notice or communication shall be in
English and shall be deemed to have been served (a) if sent by hand delivery by a
person, when delivered, (b) if sent by courier, then on the receipt of the courier by the
 Bank, and (c) if sent by registered post acknowledgement due, then on
acknowledgment in the due course of the post.
13. Notwithstanding anything contained herein, it is recorded and confirmed that the
Bank’s liability in any case and in no circumstances shall exceed [INSERT RELEVANT
GUARANTEED AMOUNT] in the aggregate.
14. The expression the “Bank” and “RTCL” herein before used shall include their
respective successors and permitted assigns.
15. This Guarantee shall be governed by and construed in accordance with the laws of
India and shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.
16. Notwithstanding anything contained herein:
Our liability under this Bank Guarantee shall not exceed _________ (value in
figures)____________ [_____________________ (value in words)____________].
This Bank Guarantee shall be valid upto ________(validity date)__________.
We are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only & only if we receive a written claim or demand on or before ________
(validity date) __________