ࡱ > E G D F bjbj 02 \ F $ : N N N b b b 8 D $ b R : < < < $ " N N N < < ; ; ; L N < N < . ; ; ; ; < %s~ c ; " 0 R ; # # ; ; # N O @ ; b R # :
(To be completed on paper bearing the letterhead of the financial institution)
For the attention of
referred to below as the Contracting Authority
Subject: Guarantee No Financing Guarantee for the repayment of pre-financing payable under Grant Contract (please quote number and title in all correspondence)
We the undersigned, hereby irrevocably declare that we guarantee as primary obligor, and not merely as a surety, on behalf of , hereinafter referred to as the Coordinator, payment to the Contracting Authority of , this amount representing the guarantee referred to in Article 4 of Special Conditions of the grant contract concluded between the Beneficiary(ies) and the Contracting Authority, hereinafter referred to as the Contract.
Payment shall be made without objection or legal proceedings of any kind, upon receipt of your first written claim (sent by registered letter with confirmation of receipt) stating that the Coordinator has not repaid the pre-financing on request or that the Contract has been terminated. We shall not delay the payment, nor shall we oppose it for any reason whatsoever. We shall inform you in writing as soon as payment has been made.
We accept notably that no amendment to the terms of the Contract can release us from our obligation under this guarantee. We waive the right to be informed of any change, addition or amendment to the Contract.
We note that the guarantee will be released 45 days at the latest after the first of the following events:
- when the balance provided for in the Contract has been paid;
- [and in any case at the latest 18 months after end of the implementation period of the Action mentioned in the Contract]
[Any request to pay under the terms of the guarantee must be countersigned by the Head of Delegation of the European Union or his designated empowered deputy as per the applicable Commission rules. (This sentence should be deleted when the Contracting Authority is the Commission)]
The law applicable to this guarantee shall be that of [Option 1: If the Contracting Authority is the European Union: Belgium] [Option 2: If the Contracting Authority is an authority in the partner country: ]. Any dispute arising out of or in connection with this guarantee shall be referred to the courts of < [If the Contracting Authority is the European Union: Belgium] [ / If the Contracting Authority is an authority in the partner country: