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APPENDIX 6

SPECIMEN OF PERFORMANCE GUARANTEE

TO: REEL Alesa AG


MAX HÖGGER-STRASSE 6
CH-8048 ZURICH / SWITZERLAND

Dear Sirs,

You concluded a CONTRACT No. ………………………….. on ............... with Messrs.


……………………… for the pre-assembly, assembly, erection, commissioning and taking over tests of
one (1) travelling ship unloader. (hereinafter called the WORKS) at a price of ................... . As a security
for the due performance of the WORKS, a guarantee by a bank shall be furnished.

At the request of Messrs. ………………….., we hereby irrevocably undertake to pay to you on your first
demand, waiving all rights of objection and defense, any amount up to a maximum of

(insert currency) ……………..…………………..


(in words ………………………………………………………....)

upon receipt of your written confirmation that the amount claimed has fallen due and that Messrs.
………….. have failed to deliver the WORKS or not delivered the WORKS as specified in above men-
tioned CONTRACT.

For the purpose of identification, your request for payment and your confirmation thereunder have to be
presented through the intermediary of a first rate bank confirming that the signatures thereon are legally
binding upon your firm.

This written confirmation must reach us at the latest by ............ ( ) otherwise our undertaking expires au-
tomatically and in full.

This guarantee is governed by Swiss law, place of jurisdiction is Zurich.

Yours faithfully

Form: F06e010 / 09.01

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