Guaranty of Performance and Completion Sample Contracts

GUARANTY OF PERFORMANCE AND COMPLETION
Guaranty of Performance and Completion • December 21st, 2007 • Virginia

This Guaranty is provided pursuant to Section 4.8 of the Design-Build Contract and Sections 3.03(f) and 7.03(a)(ii) of the Amended and Restated Comprehensive Agreement Relating to the Route 495 HOT Lanes in Virginia Project, dated as of December 19, 2007, between the Department and the Concessionaire (as amended, altered, varied or supplemented, the “Comprehensive Agreement”).

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GUARANTY OF PERFORMANCE AND COMPLETION
Guaranty of Performance and Completion • May 2nd, 2005

department of the Commonwealth of Virginia (the “Department”) with respect to the obligations of Fluor Enterprises, Inc., a California corporation (the “Contractor”) under (i) that certain Comprehensive Agreement to Develop, Design, Finance, Construct, Maintain and Operate the Route 495 Hot Lanes in Virginia (the “Comprehensive Agreement”) dated as of April 28, 2005, by and between, the Department, the Contractor and Transurban (USA) Inc., a Delaware corporation, (ii) that certain Design-Build Contract dated as of , 200 by and between the Department and the Contractor, (together, as amended, altered, varied or supplemented, the “Contracts”). The Contracts are hereby incorporated by reference herein, and capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Comprehensive Agreement. As a condition to entering into the Contracts, the Department has required the Guarantor to execute and deliver this Guaranty. The Contractor is an Affiliate

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