DATE SECTION III FORM OF AGREEMENT AND CONDITIONS OF CONTRACT Page 1 of 4

SECTION III : ATTACHMENT D FORM OF PERFORMANCE BOND

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FORM OF PERFORMANCE BOND To: PETRONAS Dagangan Berhad Supply Chain Management Department Level 31, Tower 1 PETRONAS, KLCC, 50088 Kuala Lumpur (Attn : Secretary, PDB Tender Committee Three (TC3) WHEREAS : 1. By an Award of Contract for THE ENGINEERING, PROCUREMENT, CONSTRUCTION AND COMMISSIONING (EPCC) OF FALL ARREST SYSTEM AT PETRONAS DAGANGAN BERHAD AVIATION TERMINALS AND MIRI PRODUCT DELIVERY CENTRE. (hereinafter called the "Contract") dated ___________ to

__________________________________ (hereinafter called the "Contractor") by PETRONAS Dagangan Berhad (hereinafter called "PDB"), the Contractor agrees to undertake the Works pursuant thereto and to provide related services all in accordance with the said Contract. 2. One of the express conditions of the Contract is the receipt by PDB of this Guarantee duly executed by (Name of Bank) ________________________ ______________

Now therefore (Name of Bank) ____________________________ (hereinafter called the "Guarantor") hereby irrevocably and unconditionally guarantees the complete and full performance of the contract and undertake to PDB as follows :1) The Guarantor shall pay to PDB on PDBs first written demand without proof or conditions and notwithstanding any protest or contestation by any party including the Contractor, the sum of RM_________________ (Ringgit Malaysia ____________

___________________________________).

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2)

The Guarantor shall not be discharged or released from this Guarantee by any arrangement made between the Contractor and PDB with or without the consent of the Guarantor or by any alteration in the obligations undertaken by the Contractor or by any forbearance or waiver exercised by PDB, whether as to payment, time, performance or otherwise, or by any change in the name or constitution of PDB or the Contractor.

3)

The Guarantor agrees that this Guarantee is given regardless of whether or not the sum outstanding occasioned by the loss, damage, costs, expenses or otherwise incurred by PDB is recoverable by legal action or arbitration.

4)

This Guarantee is effective from ____________ (i.e within seven (7) days of contract award) and shall remain effective until fourteen (14) days after the issuance by PDB of the Certificate of Initial Acceptance of the Works or until the Warranty Bond is furnished by the Contractor, whichever is later.

5)

All claims under this Guarantee shall be received by the Guarantor within the validity period of Guarantee or no later than ninety (90) days after the expiry of this Guarantee pursuant to item 4 above.

6)

This Guarantee is for the benefit of PDB only and cannot be assigned or transferred unless with the written consent of the Guarantor.

7)

The provision of this guarantee shall be severable and invalidity of any provision or portion thereto, shall not affect the validity and enforceability of remaining provisions.

8)

The guarantee is to be governed by and construed in accordance with the laws of Malaysia and the Malaysian courts shall have exclusive jurisdiction over any dispute or difference arising out of or in connection therewith.

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Signed for and on Behalf of Name of the Bank Address

: : :

____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________

Date

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