ADWEA Shuweihat Water Transmission Scheme

Supply Division CONTRACT No. N-00-0173

SHUWEIHAT WATER TRANSMISSION SCHEME

CONTRACT No. N-00-0173

SECTION 2
FORM OF AGREEMENT
ADWEA Shuweihat Water Transmission Scheme
Supply Division CONTRACT No. N-00-0173

FORM OF AGREEMENT

THIS AGREEMENT MADE IN ABU DHABI U.A.E. THIS .......……...................... DAY OF

............………........... TWO THOUSAND AND TWO, BUT EFFECTIVE FROM NINTH
DAY OF JULY TWO THOUSAND AND TWO.

BETWEEN

ABU DHABI WATER & ELECTRICITY AUTHORITY (ADWEA) duly organised under the
laws of Abu Dhabi, having its postal address as P.O. Box 6120, Abu Dhabi, UAE
(hereinafter referred to as "ADWEA”, which expression shall, where the context so
permits, include its successors-in-interests and assignees) of one part;

AND

MARUBENI - TAISEI CONSORTIUM duly organised under the Law of Japan and
operating through its branch in ABU DHABI with Trade licence Nos. 9019 & 41370 and
registration Nos. 11251 & 26061 and with Abu Dhabi Chamber of Commerce and Industry
membership Nos. 1586 & 16388 having its postal address as P.O. Box 30573 Abu Dhabi,
UAE. TEL. 02 634 1005 FAX. 02 634 1017 (hereinafter referred to as "CONTRACTOR"
which expression shall, where the context so permits, include its successors-in-interest
and assignees) of other part.

WHEREAS

1. “ADWEA” desires to have certain WORKS performed as hereinafter specified

2. CONTRACTOR represents to have the necessary capability, competent personnel

and experience to carry out such WORKS and is willing to do so on the terms and
conditions hereinafter contained.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN

CONTAINED, IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:

1. In this AGREEMENT, words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of the AGREEMENT hereinafter referred
to, except where the context otherwise requires.

2. The following documents, which are listed in accordance with their order of priority,
shall be deemed to form and be read and construed as part of this AGREEMENT:

(a) Section 2: This Form of CONTRACT Agreement.

ADWEA Shuweihat Water Transmission Scheme
Supply Division CONTRACT No. N-00-0173

(b) The Letter of Award No. SD/CONTRACTS/IH/1600/02 dated 9/7/2002 and

CONTRACTOR’s letters of acceptance.

(c) Section 3: Conditions of the AGREEMENT including all Annexes;

(d) Section 4: Technical Specification

(e) Section 5: Pricing Preambles / Schedule of Prices

(f) Section 6: Drawings

(g) Any other document forming part of the AGREEMENT.

3. In consideration of the payments to be made by “ADWEA” to the CONTRACTOR as

hereinafter mentioned, the CONTRACTOR hereby covenants with “ADWEA” to execute and
complete the WORKS, within (28) Twenty Eight Months from the Effective Date as detailed in the
attachment and to remedy any defects therein in conformity in all respects with the provisions of
the AGREEMENT.

4. “ADWEA” hereby covenants to pay the CONTRACTOR in consideration of the execution

and completion of the WORKS and the remedying of defects therein the CONTRACT PRICE of
(US$781,163,000) Seven Hundred and Eighty One Million One Hundred and Sixty Three
Thousand US Dollars, or such other sum as may become payable under the provisions of the
AGREEMENT at the times and in the manner prescribed by the AGREEMENT.
ADWEA Shuweihat Water Transmission Scheme
Supply Division CONTRACT No. N-00-0173

IN WITNESS WHEREOF, THE PARTIES HERETO HAVE ENTERED INTO THIS AGREEMENT
AS OF THE DAY AND YEAR ABOVE WRITTEN.

1. Signed and delivered for and on behalf of:

ABU DHABI WATER & ELECTRICITY AUTHORITY (ADWEA)

____________________________________________________
By : DIAB BIN ZAYED AL NAHYAN
Title : CHAIRMAN
Date :

duly authorised in that behalf in the presence of:

____________________________________________________
By : RASHID AL AREEF
Title : SUPPLY DIVISION MANAGER
Date :

2. Signed and delivered for and on behalf of:

MARUBENI / TAISEI CONSORTIUM (CONTRACTOR)

____________________________________________________
By :
Title :
Date :

duly authorised in that behalf in the presence of:

____________________________________________________
By :
Title :
Date :
ADWEA Shuweihat Water Transmission Scheme
Supply Division CONTRACT No. N-00-0173

ATTACHMENTS TO CONTRACT AGREEMENT

Contents

Pages
1. ADWEA’s Letter of Award Ref. No. SD/CONTRACTS/IH/1600/02
dated 09/07/02 and CONTRACTOR’s acknowledgement on the
Letter of Award dated 09/07/02 14-1 to 14-4

2. Marubeni – Taisei Consortium Agreement dated 28/05/2002 14-5 to 14-11

3. Additional Article on Consortium Agreement Ref. MTC/ADWEA/

G-004 dated 18/7/2002 14-12

4. Copies of valid Registration Certificates obtained from Abu Dhabi

Chamber of Commerce and Industry for Marubeni and Taisei 14-13 to 14-14

5. Copies of valid licenses obtained from Abu Dhabi Municipality

for Marubeni and Taisei 14-15 to 14-18

6. Copies of valid Power of Attorneys for Marubeni & Taisei 14-19 to 14-28

7. Copy of Performance Bank Guarantee 14-29 to 14-30