RE: Works at Crystal Palace Park Wheeled Sports Facility. DATED this day of 2015

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1 LONDON BOROUGH OF BROMLEY DEED OF UNDERTAKING TO PROVIDE A PERFORMANCE BOND RE: Works at Crystal Palace Park Wheeled Sports Facility TO: THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF BROMLEY 1. In consideration of the Council inviting [Tenderer] to tender for the execution of building works at [ ] ( the Contract ) we hereby enter into this Deed of Undertaking. We [Bondsman] being the Surety of [Tenderer] hereby irrevocably and unconditionally promise and undertake that in the event that [Tenderer] is awarded the Contract by the Council, if requested to do so by the Council we shall forthwith upon request properly execute and deliver to the Council a Bond in the terms of the attached document. DATED this day of 2015 *The Common Seal of the Surety ) was hereunto affixed in the presence of) /Company Secretary *SIGNED as a Deed for and on behalf) Of the Surety by two duly authorised ) Representatives ) /Company Secretary *Delete as appropriate

2 /Secretary

3 THIS PERFORMANCE BOND dated the day of 2015 is entered into as a deed between the following parties whose names and registered office addresses are set out in the Schedule to this Bond (The Schedule): 1 The Contractor as Principal.. 2 The Surety as Guarantor... and 3 THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF BROMLEY of Bromley Civic Centre Stockwell Close Bromley BRI 3UH (hereinafter called the Employer ) of the other part. WHEREAS (1) By a contract (the Contract ) entered into or to be entered into between the Employer and the Contractor particulars of which are set out in the Schedule the Contractor has agreed with the Employer to execute certain works (the Works ) upon and subject to the terms and conditions therein set out. (2) Pursuant to an undertaking given on. the Surety has agreed with the Employer at the request of the Contractor to guarantee the performance of the obligations of the Contractor under the Contract upon the terms and conditions of this Performance Bond subject to the limitation set out in clause 2. NOW THIS DEED WITNESSES as follows: 1. The Surety guarantees to the Employer that in the event of a breach of the contract by the Contractor or the occurrence of any of the events specified in the Contract conditions whereby the Employer shall be entitled to terminate the Contract, the Surety shall, subject to the provisions of this Bond, satisfy and discharge the damages sustained by the Employer as established and ascertained pursuant to and in accordance with the provisions of or by reference to the Contract and taking into account all sums due or to become due to the Contractor 2. The maximum aggregate liability of the Surety and the Contractor under this Bond shall not exceed the sum set out in the Schedule (the Bond Amount ) but subject to such limitation and to Clause 4 the liability of the

4 Surety shall be co-extensive with the liability of the Contractor under the Contract 3. The Surety shall not be discharged or released by any alteration of any of the terms, conditions and provisions of the Contract or in the extent or nature of the Works and no allowance of time by the Employer under or in respect of the Contract or the Works shall in any way release, reduce or affect the liability of the Surety under this Performance Bond 4. Any demands made by the Employer under this Bond shall be sent to the Surety at the address set out above or such other address as may have been notified by the Surety to the Employer. Such demand shall be deemed to have been made of and received by the Surety (a) if sent by mail, two working days after the date of posting; or (b) if sent by- fax, at the time the Guarantor s fax machine acknowledges receipt. (c) if delivered by courier or personally, at the time of delivery 5. This Bond shall operate without prejudice to any other guarantees, undertakings, security or other obligations given or owing to the Employer in respect of sums due or liabilities arising pursuant to the terms of the Contract. 6. Whether or not this Bond shall be returned to the Surety the obligations of the Surety under this Bond shall be released and discharged absolutely upon Expiry (as defined in the Schedule) save in respect of any breach of the Contract which has occurred and in respect of which notice of a claim in writing containing particulars of such breach has been made upon the Surety before expiry 7. The Contractor having requested the execution of this Performance Bond by the Surety undertakes to the Surety (without limitation of any other rights and remedies of the Employer or the Surety against the Contractor) to perform and discharge the obligations on its part set out in the Contract 8. This Performance Bond and the benefits thereof shall not be assigned without the prior written consent of the Surety and the Contractor 9. This Bond shall be governed by and construed in accordance with the laws of England and Wales and only the courts of England & Wales shall have jurisdiction hereunder.

5 THE SCHEDULE The Contract: Date Parties (1) The Council (2) The Contractor The Works:. The maximum amount payable under this Bond shall be sum of ( (In Words) The Expiry Date of this Bond shall be three months after the termination of the Contract which shall be conclusive for the purposes of this Performance Bond. IN WITNESS whereof the Surety and the Contractor have executed this Performance Bond as a Deed the day and year first before written *The Common Seal of the Surety was) Hereunto affixed in the presence of ) /Company Secretary *This Deed is executed on behalf of the) Surety by the following duly authorised ) Representatives )

6 /Company Secretary *The Common Seal of the Contractor was) Hereunto affixed in the presence of ) /Company Secretary *This Deed id executed on behalf of the ) Contractor by the following duly ) Authorised representatives ) /Company Secretary *Delete as appropriate

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