Common use of Performance and Warranty Guarantee Clause in Contracts

Performance and Warranty Guarantee. Whereas, ISR and ("Supplier") entered into Agreement No. on (the "Agreement"); Now, we Bank ...................................... hereby irrevocably guarantee to ISR due, punctual, true, faithful and satisfactory performance by Supplier of all of the obligations on its part contained in said Agreement, including for the removal of doubt Warranty and ancillary services (as set out in the Agreement), and undertake to be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected by ISR from us under this Guarantee, shall not exceed the sum of € (in words) EURO. This Guarantee is unconditional and shall not be revocable by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreement. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall it have to produce any judgment or any other judicial document, nor shall it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for Supplier or on its behalf or in its name, and a written demand or facsimile notice to Guarantor from an authorized representative of ISR shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sum(s) under this Guarantee from the Guarantor immediately upon the demand of ISR This Guarantee, and our obligations hereunder, shall be governed by and constructed solely in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) and the competent courts in Lod, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee.

Performance and Warranty Guarantee. Whereas, ISR and ("Supplier") entered into Agreement No. on (the "Agreement"); Now, we Bank ...................................... hereby irrevocably guarantee to ISR due, punctual, true, faithful and satisfactory performance by Supplier of all of the obligations on its part contained in said Agreement, including for the removal of doubt Warranty and ancillary services (as set out in the Agreement), and undertake to be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected by ISR from us under this Guarantee, shall not exceed the sum of € (in words) EURO. This Guarantee is unconditional and shall not be revocable by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreement. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. For collecting In order to collect any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall it not have to produce any judgment or any other judicial document, nor and shall it not have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for Supplier it, or on its behalf behalf, or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance of Israel Railways Ltd. or facsimile notice to Guarantor from an authorized representative of ISR by a person designated in writing by him, substantially in the following form, shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sum(s) sums under this Guarantee from the Guarantor us, and we shall pay such sums immediately upon such first demand by ISR: "Pursuant to the demand Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of ISR to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) and the competent courts in LodTel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee.. Date

Performance and Warranty Guarantee. Whereas, ISR and ("Supplier") entered into Agreement No. on (the "Agreement"); Now, we Bank ...................................... hereby irrevocably guarantee to ISR due, punctual, true, faithful and satisfactory performance by Supplier of all of the obligations on its part contained in said Agreement, including for the removal of doubt Warranty and ancillary services and Grinding/ Milling Services (as set out in the Agreement), and undertake to be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected by ISR from us under this Guarantee, shall not exceed the sum of € (in words) EURO. This Guarantee is unconditional and shall not be revocable by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreement. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. For collecting In order to collect any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall it not have to produce any judgment or any other judicial document, nor and shall it not have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for Supplier it, or on its behalf behalf, or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance of Israel Railways Ltd. or facsimile notice to Guarantor from an authorized representative of ISR by a person designated in writing by him, substantially in the following form, shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sum(s) sums under this Guarantee from the Guarantor us, and we shall pay such sums immediately upon such first demand by ISR: "Pursuant to the demand Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of ISR to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) and the competent courts in LodTel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee.. Date

Performance and Warranty Guarantee. Whereas, ISR and ("Supplier") entered into Agreement No. on (the "Agreement"); Now, we Bank ...................................... hereby irrevocably guarantee to ISR due, punctual, true, faithful and satisfactory performance by Supplier of all of the obligations on its part contained in said Agreement, including for the removal of doubt Warranty and ancillary services (as set out in the Agreement), and undertake to be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected by ISR from us under this Guarantee, shall not exceed the sum of € (in words) EURO. This Guarantee is unconditional and shall not be revocable by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreement. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall it have to produce any judgment or any other judicial document, nor shall it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for Supplier or on its behalf or in its name, and a written demand or facsimile notice to Guarantor from an authorized representative of ISR shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sum(s) under this Guarantee from the Guarantor immediately upon the demand of ISR This Guarantee, and our obligations hereunder, shall be governed by and constructed solely in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) and the competent courts in Lod, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee.

Performance and Warranty Guarantee. Whereas, ISR and _______________________ ("Supplier") entered into Agreement No. ______________ on ___________ (the "Agreement"); Now, we Bank ...................................... hereby irrevocably guarantee to ISR due, punctual, true, faithful and satisfactory performance by Supplier of all of the obligations on its part contained in said Agreement, including for the removal of doubt Warranty and ancillary services (as set out in the Agreement), and undertake to be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected by ISR from us under this Guarantee, shall not exceed the sum of _________________________ € (in words) ______________________ EURO. This Guarantee is unconditional and shall not be revocable by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreement. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. For collecting In order to collect any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall it not have to produce any judgment or any other judicial document, nor and shall it not have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for Supplier it, or on its behalf behalf, or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance of Israel Railways Ltd. or facsimile notice to Guarantor from an authorized representative of ISR by a person designated in writing by him, substantially in the following form, shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sum(s) sums under this Guarantee from the Guarantor us, and we shall pay such sums immediately upon such first demand by ISR: "Pursuant to the demand Guarantee issued by you on _______________________, you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of ISR ______________________________ to Account Number _______________________ at _____________________ (Name of Bank) _________________ _______________________________ Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) and the competent courts in LodTel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee.. _________ _______________ Date Annex H Change Order Form Part 1 FROM: ___________________________ ISR Project Manager TO: ______________________________ Supplier CHANGE ORDER NUMBER: ____________ DATE OF CHANGE ORDER: _____________ IN ACCORDANCE WITH OUR AGREEMENT MADE EFFECTIVE AS OF __________________, 20__, YOU ARE HEREBY NOTIFIED OF THE FOLLOWING ALTERATIONS TO THE TECHNICAL SPECIFICATIONS, DETAILED BELOW. AS OF _________________, 20___, THE BRM SHALL EFFECTIVELY BE CONSTRUCTED IN ACCORDANCE WITH THE AMENDED TECHNICAL SPECIFICATIONS. WITHIN TEN (10) BUSINESS DAYS FROM YOUR RECEIPT OF THIS CHANGE ORDER, YOU SHALL PROVIDE US WITH A WRITTEN CONFIRMATION AND, IF APPLICABLE, SHALL STATE REQUESTED CHANGES TO THE BRM AND/OR ANY PART THEREOF, BRM PRICE, DELIVERY TIME, AND ANY OTHER TERMS RELEVANT TO THE PROVISION THEREOF. SUCH REQUESTED CHANGES, IF ANY, SHALL BE TREATED IN ACCORDANCE WITH THE AGREEMENT. (attach additional documentation if necessary) Description of Alteration to Technical Specifications: Signature: ________________ IPM, on behalf of ISR Date: Part 2 Supplier's requests for changes _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Signature: ________________ SPM, on behalf of the Supplier Date: Part 3 Final decision regarding the Changes, and agreements between the Parties regarding impact of the Changes on the BRM Price and Delivery Time _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Signature: ________________ IPM, on behalf of ISR Date: Signature: ________________ SPM, on behalf of the Supplier Date: Annex I Training plan Annex J Detailed Design Plan ("DDP") Annex K Quality Assurance Plan ("QAP") Annex L ITP Annex M General Spare Parts Price List and Delivery Terms Annex N

Performance and Warranty Guarantee. Whereas, ISR and ("Supplier") entered into Agreement No. on (the "Agreement"); Now, we Bank ...................................... hereby irrevocably guarantee to ISR due, punctual, true, faithful and satisfactory performance by Supplier of all of the obligations on its part contained in said Agreement, including for the removal of doubt Warranty and ancillary services (as set out in the Agreement), and undertake to be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected by ISR from us under this Guarantee, shall not exceed the sum of € (in words) EURO. This Guarantee is unconditional and shall not be revocable by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreement. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. For collecting In order to collect any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall it not have to produce any judgment or any other judicial document, nor and shall it not have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for Supplier it, or on its behalf behalf, or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance of Israel Railways Ltd. or facsimile notice to Guarantor from an authorized representative of ISR by a person designated in writing by him, substantially in the following form, shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sum(s) sums under this Guarantee from the Guarantor us, and we shall pay such sums immediately upon such first demand by ISR: "Pursuant to the demand Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of ISR to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) and the competent courts in LodTel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee.. Date Annex G2-1 Form of Initial Purchase Order Performance and Warranty Guarantee To: Israel Railways Ltd. ("ISR") Tel Aviv Central Train Site (Arlozorov) P.O.B. 18085 Xxx Xxxx 00000 Xxxxxx Performance and Warranty Guarantee Whereas, ISR and ("Supplier") entered into Agreement No. on (the "Agreement"); Now, we Bank ...................................... hereby irrevocably guarantee to ISR due, punctual, true, faithful and satisfactory performance by Supplier of all of the obligations on its part contained in said Agreement, including for the removal of doubt Warranty and ancillary services (as set out in the Agreement), and undertake to be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected by ISR from us under this Guarantee, shall not exceed the sum of € (in words) EURO. This Guarantee is unconditional and shall not be revocable by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreement. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. In order to collect any amount under this Guarantee, ISR shall not have to refer to Supplier, shall not have to produce any judgment or other judicial document, and shall not have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for it, or on its behalf, or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance of Israel Railways Ltd. or by a person designated in writing by him, substantially in the following form, shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sums under this Guarantee from us, and we shall pay such sums immediately upon such first demand by ISR: "Pursuant to the Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) and the competent courts in Tel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee. Date

Performance and Warranty Guarantee. Whereas, ISR and ("Supplier") entered into Agreement No. on (the "Agreement"); Now, we Bank ...................................... hereby irrevocably guarantee to ISR due, punctual, true, faithful and satisfactory performance by Supplier of all of the obligations on its part contained in said Agreement, including for the removal of doubt Warranty and ancillary services (as set out in the Agreement), and undertake to be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected by ISR from us under this Guarantee, shall not exceed the sum of € (in words) EURO. This Guarantee is unconditional and shall not be revocable by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreement. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall it have to produce any judgment or any other judicial document, nor shall it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for Supplier or on its behalf or in its name, and a written demand or facsimile notice to Guarantor from an authorized representative of ISR shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sum(s) under this Guarantee from the Guarantor immediately upon the demand of ISR ISR. This Guarantee, and our obligations hereunder, shall be governed by and constructed solely in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) and the competent courts in LodLodTel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee.. Date Annex E

Performance and Warranty Guarantee. Whereas, ISR and ("Supplier") entered into Agreement No. on (the "Agreement"); Now, we Bank ...................................... hereby irrevocably guarantee to ISR due, punctual, true, faithful and satisfactory performance by Supplier of all of the obligations on its part contained in said Agreement, including for the removal of doubt Warranty and ancillary services (as set out in the Agreement), and undertake to be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected by ISR from us under this Guarantee, shall not exceed the sum of € 100,000 $ (in wordsone hundred thousand) EUROUSD. This Guarantee is unconditional and shall not be revocable by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreement. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall it have to produce any judgment or any other judicial document, nor shall it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for Supplier or on its behalf or in its name, and a written demand or facsimile notice to Guarantor from an authorized representative of ISR shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sum(s) under this Guarantee from the Guarantor immediately upon the demand of ISR ISR. This Guarantee, and our obligations hereunder, shall be governed by and constructed solely in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) and the competent courts in LodTel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee.. Date Annex E

Performance and Warranty Guarantee. Whereas, ISR and ("Supplier") entered into Agreement No. on (the "Agreement"); Now, we Bank ...................................... hereby irrevocably guarantee to ISR due, punctual, true, faithful and satisfactory performance by Supplier of all of the obligations on its part contained in said Agreement, including for the removal of doubt Warranty and ancillary services (as set out in the Agreement), and undertake to be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected by ISR from us under this Guarantee, shall not exceed the sum of € (in words) EURO. This Guarantee is unconditional and shall not be revocable by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreement. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. For collecting any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall it have to produce any judgment or any other judicial document, nor shall it have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for Supplier or on its behalf or in its name, and a written demand or facsimile notice to Guarantor from an authorized representative of ISR shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sum(s) under this Guarantee from the Guarantor immediately upon the demand of ISR ISR. This Guarantee, and our obligations hereunder, shall be governed by and constructed solely in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) and the competent courts in Lod, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee.. Date Annex E

Performance and Warranty Guarantee. Whereas, ISR and ("Supplier") entered into Agreement No. on (the "Agreement"); Now, we Bank ...................................... hereby irrevocably guarantee to ISR due, punctual, true, faithful and satisfactory performance by Supplier of all of the obligations on its part contained in said Agreement, including for the removal of doubt Warranty and ancillary services (as set out in the Agreement), and undertake to be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected by ISR from us under this Guarantee, shall not exceed the sum of € (in words) EURO. This Guarantee is unconditional and shall not be revocable by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreement. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. For collecting In order to collect any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall it not have to produce any judgment or any other judicial document, nor and shall it not have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for Supplier it, or on its behalf behalf, or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance of Israel Railways Ltd. or facsimile notice to Guarantor from an authorized representative of ISR by a person designated in writing by him, substantially in the following form, shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sum(s) sums under this Guarantee from the Guarantor us, and we shall pay such sums immediately upon such first demand by ISR: "Pursuant to the demand Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of ISR to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) and the competent courts in LodTel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee.

Performance and Warranty Guarantee. Whereas, ISR and ("Supplier") entered into Agreement No. 41612 on (the "Agreement"); Now, we Bank ...................................... hereby irrevocably guarantee to ISR due, punctual, true, faithful and satisfactory performance by Supplier of all of the obligations on its part contained in said Agreement, including for the removal of doubt Warranty and ancillary services (as set out in the Agreement), and undertake to be responsible and indemnify ISR for payment by Supplier of all sums of money, losses, damages, costs, charges and expenses that may become due or payable to ISR, by or from Supplier by reason or in consequence of the default of Supplier in performance, execution or perseverance of its said obligations, all in accordance with the provisions therein (the "Guarantee"). Nevertheless, the total amount to be collected by ISR from us under this Guarantee, shall not exceed the sum of € (in words) EURO. This Guarantee is unconditional and shall not be revocable by notice or otherwise and our liability hereunder shall not be impaired or discharged by any extensions of time or variation or alterations made, given, conceded or agreed (with or without our knowledge or consent) under the said Agreement. This Guarantee shall remain in full force and effect until and including the [day] of [month] [year] and after such date it shall expire. For collecting In order to collect any amount under this Guarantee, ISR shall not have to refer first to Supplier, nor shall it not have to produce any judgment or any other judicial document, nor and shall it not have to prove any breach, failure or non-compliance on the part of Supplier or on the part of any person acting for Supplier it, or on its behalf behalf, or in its name, and a written demand by the Deputy General Manager, Commerce, Economics & Finance of Israel Railways Ltd. or facsimile notice to Guarantor from an authorized representative of ISR by a person designated in writing by him, substantially in the following form, shall be sufficient for all purposes of this Guarantee, and specifically shall be sufficient to collect any sum(s) sums under this Guarantee from the Guarantor us, and we shall pay such sums immediately upon such first demand by ISR: "Pursuant to the demand Guarantee issued by you on _ , you are hereby instructed to pay immediately to Israel Railways Ltd. the sum of ISR to Account Number at (Name of Bank) Deputy General Manager Commerce, Finance & Economics of Israel Railways Ltd." This Guarantee, and our obligations hereunder, shall be governed by and constructed solely in accordance with the substantive laws of the State of Israel (irrespective of its choice of law principles) and the competent courts in LodTel Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this Guarantee.. Date