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Gamuda Land (HCMC) Joint Stock Company: TO: Gamuda Land (HCMC) JSC 68 N1 Street, Son Ky Ward District HCMC, Vietnam
Gamuda Land (HCMC) Joint Stock Company: TO: Gamuda Land (HCMC) JSC 68 N1 Street, Son Ky Ward District HCMC, Vietnam
Dear Sirs,
In consideration of GAMUDA LAND (HCMC) JSC having its registered office at 68 N1 Street, Son Ky Ward,
Tan Phu District, HCMC, Vietnam (hereinafter called “the Employer” which expression shall unless
repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns)
having invited to (name of Tenderer) with its registered office at (hereinafter called the “Tenderer”
which expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns), a Tender offer for PARK ENHANCEMENT AT CELADON
CITY, VIETNAM FOR GAMUDA LAND (HCMC) JOINT STOCK COMPANY
(hereinafter called “the Tender”) having been submitted by the Tenderer for the Employer, and the Tenderer
having agreed to provide a Tender Security for the conformity of the entire Tender procedure in the sum of
VND (Vietnam Dongs : Only) (hereinafter called
“the Security Amount”) to the Employer.
1. We, (name of Bank) , having our registered office at (hereinafter called “the
Bank”
which expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns) at the request of the Tenderer do hereby Security and undertake to
pay the Employer during the currency of the Security on written demand any and all money payable by the
Tenderer to the extent of VND (Vietnam Dongs Only) as aforesaid at any time up to
(hereinafter called “the Expiry Date”) without any demur, reservation, contest, recourse or
protest and/or without any reference to the Tenderer. Any such demand made by the Employer on the Bank
shall be conclusive and binding notwithstanding any difference between the Employer and the Tenderer or
any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not
to revoke this Security during its currency without prior consent of the Employer and further agrees that the
Security herein contained shall continue to be enforceable until the Employer discharges this Security or
until the Expiry Date, whichever is earlier.
2. The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this
Security from time to time to extend the time for performance of the Tender by the Tenderer. The Employer
shall have the fullest liberty without affecting this Security, to postpone from time to time the exercise of any
power vested in them or of any right which they might have against the Tenderer, and to exercise the same
at any time in any manner, and either to enforce or to forbear to enforce any covenants contained or implied
in the Tender between the Employer and the Tenderer or any other course or remedy or security available
to the Employer.
3. The liability of the Bank under this Security shall not be discharged, released, affected or impaired in any
way by reason of any modification, amendment or variation in or to any of the obligations, conditions or
4. The Bank also agrees that the Employer at its option shall be entitled to enforce this Security against the
Bank as a principal debtor, in the first instance without proceeding against the Tenderer and notwithstanding
any security or other Security that the Employer may have in relation to the Tenderer’s
liabilities.
(a) The Bank’s liability under this Security shall not exceed the Security Amount;
(c) The Bank is liable to pay the Security Amount or any part thereof under this Security only and only
if the Employer serves upon the Bank a written claim or demand on or before the Expiry Date.
Signed by :
(Name and designation of officer)
In presence of:
Name
Designation:
(Signature of Witness)