PERFORMANCE BANK GUARANTEE
Bank Guarantee No                                                         Date
                     To
                     LARSEN & TOUBRO LIMITED,
                     L&T CONSTRUCTION
                     SHARED SERVICES CENTRE
                     TCTC BUILDING, 2ND FLOOR,
                     PO BOX.979, MOUNT POONAMALLEE RD,
                     MANAPAKKAM, CHENNAI – 600 089
                     Preamble:
                     WHEREAS                 we have been informed that you, M/s. Larsen & Toubro Limited,
                     L&T Construction ____________________(address) (hereinafter referred to as the
                     “Company”) have awarded a Purchase Order/ Work Order No_______
                     dated___________(              hereinafter   referred   to   as   the   “Contract”)   to
                     M/s.____________, having its office at _________, represented by its
                     _______________ Mr. __________ (hereinafter referred to as the “Contractor”) for
                     ______________________ (brief description of the Order) and in terms of the said
                     Contract, the Contractor is required to furnish to you with a guarantee for due
                     performance of the Works under the said Contract till ___________________ (to
                     mention the period of validity – either a specific end date or it may be up to the end
                     of the warranty / defects liability period under the Main Contract ), in the manner
                     hereinafter contained. We _________________ (Name of the Bank), having its
                     registered office at __________ and having a Branch office among other places at
                     __________ (hereinafter referred to as the “Bank”), do hereby covenant and agree
                     with you as follows:
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                     1.0 We hereby irrevocably and unconditionally guarantee and undertake to pay the
                           Company immediately on demand any or all monies claimed by the Company
                           to the extent of and up to the sum of Rs._________/- (Rupees ______________
                           only) without any demur, reservation, contest, recourse or protest and/or
                           without any reference to the Contractor including without disputing whether
                           any sums are payable under the Contract or not. We agree that the Company
                           may make multiple demands under this Bank Guarantee provided the aggregate
                           of all sums paid under this Bank Guarantee does not exceed Rs……………….
                     2.0 Notwithstanding anything to the contrary, your decision as to whether the
                           Contractor has made any default or committed breach of the obligations and the
                           amount or amounts to which you are entitled by reason thereof will be binding
                           on us and we shall not be entitled to ask you to establish your claims under this
                           guarantee but will pay the same merely on written demand, unconditionally,
                           without any demur or protest.
                     3.0 All payments made or to be made by us to you under this guarantee shall be
                           made in full without any set-off, restriction or condition and without deduction
                           for or on account of any counterclaim. However, our liability under this
                           Guarantee shall be restricted to Rs. _____________ (value of BG).
                     4.0 We agree that the Company shall be entitled to enforce this guarantee against us
                           as a principal debtor in the first instance without proceeding against the
                           Contractor and notwithstanding any security or other guarantee that the
                           Company may have from the Contractor.
                     5.0 This guarantee shall be valid from the date hereof and continue to be valid until
                           ________________ . Provided always this guarantee shall in no event remain
                           in force after the day of _______ without prejudice to your claim or claims
                           arisen and demanded from or otherwise notified to us in writing on or before the
                           said date which will be enforceable against us notwithstanding that the same is
                           or are enforced after the said date. We have been informed that Company may
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                           require the Contractor to keep the validity of this guarantee extended till such
                           time as may be required and the Company may invoke the bank guarantee if the
                           validity of the guarantee is not extended.
                     6.0 You will have fullest liberty without affecting this guarantee from time to time
                           to vary any of the terms and conditions of the said Contract or extend time of
                           performance of the works there under or to postpone for any time or from time
                           to time any of your rights or powers against the Contractor and either to
                           enforce or forbear to enforce any of the terms and conditions of the said
                           Contract and we shall not be released from our liability under this guarantee by
                           the exercise of your indulgence with reference to matters aforesaid or by reason
                           of any time being given to the Contractor or any other forbearance, act or
                           omission on the your part or any indulgence by you to the Contractor or by any
                           variation or modification of the said Contract or any other act, matter or thing
                           whatsoever. We shall not be released from our obligation hereunder by any
                           exercise by you of your rights with reference to the matters aforesaid which
                           under law would, but for this provision, have the effect of relieving us. Provided
                           always nothing herein contained will enlarge our liability hereunder beyond the
                           limit of Rs. _______/- (Rupees ___________ only) as aforesaid.
                     7.0 Your right to recover the aforesaid amount from us in the manner aforesaid will
                           not be affected or suspended by reason of the fact that the Contractor has raised
                           any dispute or disputes, and/or any dispute or disputes are pending before any
                           officer, tribunal or court or arbitrator(s).
                     8.0 This guarantee shall not be affected by any change in the constitution of the
                           Contractor or us nor shall it be affected by any amalgamation or absorption
                           thereof or therewith by will be available to and enforceable against the
                           absorbing or amalgamated Company or Concern.
                     9.0 This guarantee shall not be revoked by us at any time during its currency
                           without your prior consent in writing.
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                     10.0       Our obligation under this guarantee shall be continuing obligations and shall
                                not be satisfied, discharged or affected by any arrangement, agreement
                                between the Company and the Contractor nor will our obligations be
                                affected by any intermediate payment or settlement of account between the
                                Company and the Contractor.
                     11.0       Without prejudice to any other mode of service, a demand or claim or other
                                communication may be transmitted by you to the bank either by post / Speed
                                post / Courier / Hand Delivery or by e-mail.
                     12.0       We have necessary powers as per MOA / AOA / POA in our favour to issue
                                this Guarantee in your favour.
                     13.0        This Bank Guarantee shall be governed by and interpreted under the laws of
                                 India.
                     14.0        NOTWITHSTANDING anything contained herein:
                           (a) Our liability under the Bank Guarantee shall not exceed Rs. ___________ /-
                                 (Rupees ________________________________ only).
                           (b) This Bank Guarantee shall be valid up to _____________ (Date of Validity
                                 to be mentioned) and , unless a Demand is made on the bank in writing on
                                 or before _____________ (Date of Validity including one month claim
                                 period to be mentioned) all your rights under this guarantee shall be
                                 forfeited and we shall be relieved and discharged from all our liabilities
                                 there under.
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                     “The confirmation for issue of this Bank Guarantee has been transmitted by us
                     through SFMS in IFN 760 format to ICICI Bank Limited, 110, 1st Floor,
                     Nungambakkam High Road, Nungambakkam, Chennai – 600034; IFSC code:
                     ICIC0000009.”
                     Dated at ___________ this ______________ of 20__.
                     Bank E-mail ID for Extension/claim:
                     Bank Phone.No for Extension/claim:
                     Witness: 1                                            ………………………..
                                                                              (Signature)
                     Signature
                     Name
                     Official address                                      ………………………...
                                                                               (Name)
                     Witness: 2
                                                                          Designation with Bank
                     Stamp
                     Signature
                     Name
                     Official address
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                     LARSEN & TOUBRO LIMITED
                     GUIDELINES FOR EXECUTION OF BANK GUARANTEE
                     1. Bank Guarantee is to be executed on non-judicial stamp paper of Rs.100/- minimum.
                     2. The date of sale of non-judicial stamp paper used for executing the BG should not be
                        more than six months old.
                     3. Bank Guarantee should match verbatim with our standard format.
                     4. Name, Designation & Power of Attorney No. / Signing Power Number / Specimen
                        Signature No. of the executing officer/(s) should be mentioned on the BG.
                     5. Each page of the BG should be signed / initiated by the executant / (s), and the last
                        page should be signed with full particulars as required in our standard proforma of BG
                        and under the seal of the Bank.
                     6. The last page of the BG should carry the names & signatures of two witnesses
                        alongside the signature / (s) of the executing Officer / (s)
                     7. The factual details such as Purchase Order reference & date, Works Order Reference &
                        date, BG value (both in numeric & words) should invariably be specified in the Bank
                        Guarantee.
                     8. The amount and validity of the BG should be in line with the Purchase / Work order
                        conditions.
                     9. List of bank guarantee accepted by us is provided in the last page of this guidelines.
                     10. BG confirmation is transmitted by your bank only in IFN 760 format through SFMS
                         (Structured Financial Messaging system) to facilitate faster processing of the BG’s /
                         Invoices at SSC. We give below the procedure / requirements for your ready reference:
                           a) While making the BG application, Vendors to inform their Bank to send BG
                              confirmation only through IFN 760 (Guarantee) vide SFMS to our Bank.
                           b) IFN 760 (Guarantee) should contain the following details: BG No, BG Amount,
                              BG Type, date of issuance, Expiry date, Name of BG Applicant & Beneficiary’s
                              name and address.
                           c) In the field 7037 in IFN 760 Form, Vendor’s bank should mention our
                              unique identifier reference LNTSSC523257178 in all SFMS
                              confirmation.
                           d) Vendors should obtain a copy of IFN 760 sent through SFMS by their bank
                              and attach the same with the Original hardcopy of BG and submit the same
                              to Shared Services Centre, L&T Construction, TCTC Building 2nd
                              floor, Mount Ponamalle Road, Manapakkam, Chennai 600089.
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                           The details of our bank details to which SFMS confirmation must be sent is as under:
                           Name of Beneficiary – Larsen &Toubro Limited
                           Bank Name: ICICI BANK LIMITED
                           IFSC Code: ICIC0000009, Bank Address: 110, First Floor, Nungambakkam High
                           Road, Nungambakkam, Chennai – 600034
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