4. We (name of the bank)_________________________ further agree that the guarantee herein contained shall 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 Ceragon under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till ________________________(office/Department) Ceragon certifies that the terms and conditions of the said Agreement have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of TWO YEARS (as specified in P.O) from the date hereof, we shall be discharged from all liabilities under this guarantee thereafter.
5. We (name of the bank)_________________________ further agree with the Ceragon that the Ceragon 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 contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Ceragon against the said Contractor(s) and to 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 Contractor(s) or for any forbearance, act or omission on the part of the Ceragon or any indulgence by the Ceragon 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.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/supplier(s).
7. We (name of the bank) ____________________ lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Ceragon in writing.
Dated the ________________ day of _______
for __________________________________
(Indicate the name of bank)
*****
SECTION-X
ADDITIONAL BANK GUARANTEE BOND
To,
Ceragon
1. In consideration of the Competent Authority, Ceragon (hereinafter called ‘Ceragon’) having agreed to exempt ___________________ (hereinafter called ‘the said contractor(s)’) from the demand under the terms and conditions of an agreement/Advance Purchase Order No ________________ dated ____________ made between _____________________ and __________________ for the supply of _______________________ (hereinafter called “the said agreement ”), of security deposit for the due fulfilment by the said contractor (s) of the terms and conditions related to extension of Delivery Schedule contained in the said Agreement, on production of additional bank guarantee for _____________________________________we, (name of the bank) _________________________ ( hereinafter refer to as “the bank”) at the request of ___________________________________ (contractor(s)) do hereby undertake to pay to the Ceragon an amount not exceeding ___________________ against any loss or damage caused to or suffered or would be caused to or suffered by Ceragon by reason of any breach by the said Contractor(s) of any of the terms or conditions related to the Delivery Schedule contained in the said Agreement.
2. We (name of the bank) ____________________ do hereby undertake to pay the amounts due and payable under this guarantee without any demure, merely on a demand from the Ceragon by reason of breach by the said contractor(s)’ of any of the Delivery Schedule related terms or conditions contained in the said Agreement or by reason of the contractors(s)’ failure to perform the said Agreement within the extended delivery schedule. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee where the decision of Ceragon in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding ___________________________________.
3. We undertake to pay to the Ceragon any money so demanded notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the contractor(s)/supplier(s) shall have no claim against us for making such payment.
4. We( name of the bank)_________________________ further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the Delivery Schedule related obligations against the said Agreement have been fully met or till ________________________(office/Department) Ceragon certifies that the Delivery Schedule related terms and conditions of the said Agreement have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of ONE AND HALF YEARS (for Service projects) from the date hereof, we shall be discharged from all liabilities under this guarantee thereafter.
5. We (name of the bank)_________________________ further agree with the Ceragon that the Ceragon 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 contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Ceragon against the said Contractor(s) and to 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 Contractor(s) or for any forbearance, act or omission on the part of the Ceragon or any indulgence by the Ceragon 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.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/supplier(s).
7. We (name of the bank) ____________________ lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Ceragon in writing.
Dated the ________________ day of
for __________________________________
(Indicate the name of bank)
Witness:
1……………….
2……………….
*****
SECTION XI
INTEGRITY PACT
Between
Ceragon Networks Inc. (Ceragon) hereinafter referred to as “The Principal”
And
……………………………hereinafter referred to as “The Bidder/Contractor”
Preamble
The Principal intends to award, under laid down organizational procedures, contract/s for ………………….. The Principal values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness/transparency in its relations with its Bidder(s) and/or Contractor (s).
Section 1 - Commitments of the Principal
(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:
a. PRINCIPAL is committed to have most ethical and corruption free business dealings with Bidder(s)/contractor(s).
b. No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.
c. The Principal will, during the tender process treat all Bidder(s) with equity and reason and will deal with them in a fair and transparent manner. The Principal will in particular, before and during the tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution.
d. The Principal will exclude from the process all known prejudiced persons.
e. PRINCIPAL will initiate action and pursue it vigorously whenever unethical behaviour occurs or is suspected to have occurred.
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence if there be a substantive suspicion in this regard, the Principal can initiate disciplinary actions.
Section 2 -Commitments of the Bidder(s)/Contractor(s)
(1) The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.
a. The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer, promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.
a. The Bidder(s)/Contractor(s) wil
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