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Annex 2.

2 - LETTER FOR FIRST DEMAND BANK GUARANTEE


CONTRACTOR

Sana’a ______________
TO: Emergency ONG ONLUS – Yemen, ________________

ARTICLE 1 – DECLARATION ON GUARANTEE, AMOUNT AND PURPOSE


We, the undersigned __________________ (hereinafter referred to as "the Contractor") hereby confirm that we give
Emergency ONG ONLUS (hereinafter referred to as "Emergency"), an unconditional, irrevocable and independent first-
demand guarantee consisting in the undertaking to pay to Emergency a sum equivalent to the amount of: USD [in
figures____________] (in words__________________ USD) upon simple demand, to guarantee the duly supply of
electro-medical devices within the terms and pursuant to the conditions established under Art. 9 of the General Terms
and Conditions (hereinafter referred to as the "Contract") concluded between Emergency and [name and address],
(hereinafter referred to as "the Contractor").

ARTICLE 2 – EXECUTION OF GUARANTEE


If the Contractor has for any reason failed to perform any of its duties and obligations under the Contract, the Contractor
shall undertake to immediately pay up to the above guaranteed amount, in USD, without exception or objection, into a
bank account designated by Emergency, on receipt of the first written request from Emergency either delivered by hand
with acknowledgement of receipt, or sent by registered letter or by courier with acknowledgement of receipt. We shall
inform Emergency in writing as soon as the payment has been made.

ARTICLE 3 – DATE OF ENTRY INTO FORCE


This guarantee shall come into force upon its signature. If, on the date of its signature, the Contract has not been signed
between Emergency and the Contractor, this guarantee shall enter into force on the date on which Emergency and the
Contractor sign the Contract.

ARTICLE 4 – END DATE AND CONDITIONS OF RELEASE


1. We may be released from this guarantee only upon verification of installation, commissioning and training,
documented with Emergency’s written consent.
2. This guarantee shall expire on return of this original document by Emergency to our offices by letter delivered by hand
with acknowledgement of receipt, or sent by registered letter or by courier with acknowledgement of receipt.
3. After expiry, this guarantee shall become automatically null and void and no claim relating thereto shall be receivable
for any reason whatsoever.

ARTICLE 6 – APPLICABLE LAW AND COMPETENT JURISDICTION


1. This guarantee shall be governed by and construed in accordance with the law applicable to the Contract.
2. The courts having jurisdiction for matters relating to the Contract shall have sole jurisdiction in respect of matters
relating to this guarantee.

ARTICLE 7 - ASSIGNMENT
The rights arising from this guarantee may not be assigned without our written consent.

Done at ____________, on ___________________________________

[Signature/ [Signature/ Function]______________________________________________________

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