PERFORMANCE BOND/BANK GUARANTEE1. In consideration for the President of India, acting through the Director General of Supplies & Disposals (hereinafter called the Government) having agreedd to release the 100% payment of nett. f.o.b. price under the terms and conditions of a concluded Contract No._________________________________for supply of__________ ____________________to________________________(Please state the name of the contractor) (give full particulars including status and address of the contractor) (hereinafter referred as the 'contractor') on submission of a Bank Guarantee to the satisfaction of the Government for the due performance of the said contract.2. We_________________(hereinafter referred to as the Bank) at the request of ________ ______________(contractor) do, as primary obliger and not merely as surety, hereby irrevocably, unconditionally and absolutely undertake against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any failure of the Contractor to perform or omission or negligence to perform any part of his/their obligation to the satisfaction of the purchaser in terms of the contract.3. We_____________________________do hereby undertake to pay the amount due and payable under this guarantee without any demur merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of any breach by the said contractor(s) of any of the terms and conditions contained in the said contract or by reason of the contractor(s) failure or omission or negligence to perform the said contract or any part thereof. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guranteee, which shall not be considered as satisfied by any intermediate payment or satisfaction of any part of or obligation hereunder. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs.__________________4. We undertake to pay to the Government any amount so demanded by the Government, notwithstanding.(a) any dispute or difference between the Government or the Contractor or any person or any suit or proceeding pending before any court or tribunal or arbitrator relating thereto; or(b) the invalidity, irregularity or unenforceability of the contract; or (c) any other circumstances which might otherwise constitute discharge of this Guarantee, including any act or omission or commission on the part of the Government to enforce the obligations by the Contractor(s)or any other person for any reason whatsoever.5. We________________________________(indicate the name of the bank) further agree that the guarantee herein contained shall be continued one and remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said agreeement have been fully paid and its claims satisfied or discharged or till_______________office /Department, Ministry of _____________________certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this guarantee.6. We, _____________________________hereby agree and undertake that any claim which the Bank may have against the Contractor shall be subject and subordinate to the prior payment and performance in full of all the obligations of the Bank hereunder and the Bank will not without prior written consent of the Government exercise any legal rights or remedies of any kind in respect of any such payment or performance so long as the obligations of the Bank hereunder remain owing and outstanding, regardless of the insolvency, liquidation or bankruptcy of the Contractor or otherwise howsoever.We will not counter claim or set off against its liabilities to the Government hereunder any sum outstanding to the credit of the Government with it.7. We_________________________(indicate the name of bank) further agree with the Government that the Government shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contravctor(s) from time to time or to postpone for any time or from time to time and of the powers exerciseable by the Government against the said contractor(s) and forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said contract(s) or for any forbearance, act or omission on the part of the Government or any indulgence by the Government to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.8. This guarantee will not be discharged due to the change in the constitution of the Bank of the Contractor(s).9. We___________________________ (indicate the name of bank) lastly undertake not to revoke this gurantee during its currency except with the previous consent of the Government in writing.The disputes relating to this Bank Guarantee shall be resolved as per terms and conditions of the contract.Dated the _____________________________day of 19____.For ______________________________________(indicate the name of Bank).PERFORMANCE STATEMENTConsolidated Performance Statement for the period ending of__________________in respect of_____________________DGS&D Rate Contract No.___________________ and dated________________Name of the R/C holder__________________Validity from_______________to___________ Store_______________________________________________________________________________ Total value Value of Value Value of Reasons for of the orders of orders delay in the orders which were orders for which execution of received due for supplied supply is the Supply upto the Supply by as per due by Order(s), if end of the the cut Col.2 the cut any. month previous off date off date to the one in mentioned mentioned which the in col.1 in Col.1 tender (In (In is due (In Ruppes) Rupees) Rupees) ----------------------------------------------------------------- 1 2 3 4 5 -----------------------------------------------------------------Designation & Signature of the submitting Officer with date & Seal (name of the firm)