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ANNEX ANNEX D D — — SCHEDULE SCHEDULE OF OF FORM FORM OF OF COLLATERAL

ANNEXANNEX DD SCHEDULESCHEDULE OFOF FORMFORM OFOF COLLATERALCOLLATERAL WARRANTYWARRANTY

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ANNEX o

ANNEX D

Schedule Schedule of of Form Form of of Collateral Collateral Warranty Warranty

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Warrantor Warrantor
Name Name
[Insert] [Insert]
Address Address
[Insert] [Insert]
Telephone Telephone
[Insert]
[Insert]
in-1
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Fax Fax
[Insert]
[Insert]
Employer Employer
Name Name
[Insert]
[Insert]
Address Address
[Insert] [Insert]
Telephone Telephone
[Insert] [Insert]
Fax Fax
[Insert] [Insert]
Recitals Recitals
The The Contractor Contractor entered entered into into the the [insert [Insert works works

titIe]Construction titIe]Construction Contract Contract for for the the Project. Project

7

7

Contract for for the the Project. Project 7 7 The The Warrantor Warrantor contracted contracted with

The The Warrantor Warrantor contracted contracted with with the the Contractor Contractor for for a a portion portion

of the Project under the Subcontract

The Warrantor agreed under the Subcontract to execute

this warranty in favour of the Employer

of the Project under the Subcontract.

The Warrantor agreed under the Subcontract to execute

this warranty in favour of the Employer.

Governing 0 H Laws Br

Governing

Laws of the Emirate of Dubai and the Federal Laws of the

the En*iirate'o'r‘li'>"Ii'b'aijaififd the Federal Laws ofthe;

law law

UAE UAE as as applicable applicable in in the the Emirate Emirate of of Dubai. Dubai

————~7—

F"

Date Date of of

[Insert] [Insert]

Warranty Warranty

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_

_

_

_

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1-1

in-1

Page 1 of4

Page 1 of4

General General terms terms Warranty Warranty The The Warrantor Warrantor warrants warrants to to the

General General terms terms

Warranty Warranty

The The Warrantor Warrantor warrants warrants to to the the Employer Employer that that all all work work performed performed and and

all all materials materials or or parts parts supplied supplied by by the the Warrantor Warrantor in in the the course course of of the the

Subcontract Works will be:

Subcontract Works will be:

(a)

(a)

(b)

(b)

(c) (c)

at at

Subcontract; Subcontract; and and

least least of of the the quality quality and and to to the the standard standard

required required by by the the

to to

stipulated stipulated

merchantable merchantable quality; quality; and and

the the

extent extent that that the the

in in

the the

level level of of quality quality or or standard standard are are not not

of of

good good

workmanship workmanship

and and

Subcontract, Subcontract,

fit fit for for the the purpose purpose or or purposes purposes for for which which they they are are required. required.

For For the the avoidance avoidance of of doubt, doubt, the the warrantor warrantor does does not not warrant warrant for for any any

wear wear and and tear tear or or misuse misuse or or negligence negligence on on the the part part of of the the Employer Employer

/user /user in in carrying carrying out out specified specified maintenance maintenance including including consumables consumables

and/or and/or otherwise otherwise and and for for any any event event excluded excluded under under the the Subcontract. Subcontract.

2. Manufacturer's Manufacturer's warranty warranty

any any

manufacturer's manufacturer's warranty warranty or or warranty warranty implied implied by by law, law, attaching attaching to to

any any materials materials or or goods goods provided provided under under the the Subcontract Subcontract and and will will be be

governed governed

manufacturer. manufacturer.

by by the the standard standard warranty warranty terms terms and and conditions conditions of of the the

This This warranty warranty

is is

in in

addition addition

to to and and

does does

not not derogate derogate from from

3.

Rectification

Rectification

The Warrantor agrees to at its own expense, replace and make good

The Warrantor agrees to at its own expense, replace and make good

to

to

the

the

reasonable satisfaction

reasonable satisfaction

of the

of the

Employer so

Employer so

much

much

of the

of the

Subcontract Subcontract Works Works from from the the date date of of the the Taking Taking Over Over Certificate Certificate

issued in respect of the Construction Contract and for such period as

issued in respect of the Construction Contract and for such period as

the the Warrantor Warrantor be be liable liable under under its its Subcontract Subcontract or or by by operation operation of of the the

governing law, that:

governing law, that:

(a) (a)

(b) (b)

the Employer reasonably considers are of a lower quality or

the Employer reasonably considers are of a lower quality or

standard standard than than that that referred referred to to in in clause clause 1; 1; or or

show show deterioration deterioration to to an an extent extent that that the the Employer Employer reasonably reasonably

considers that the Subcontract Works, or the goods supplied

considers that the Subcontract Works, or the goods supplied

by by the the Warrantor, Warrantor, ought ought to to be be made made good good or or replaced replaced in in order order

to achieve fitness for the purpose or purposes for which the

to achieve fitness for the purpose or purposes for which the

Subcontract Works were performed or supplied.

Subcontract Works were performed or supplied.

F4.

Time Time for for rectification rectification

Within Within a a reasonable reasonable time time after after written written notification notification to to the the Warrantor Warrantor

of of a a decision decision of of the the Employer Employer as as to to work work required required by by clause clause 3, 3, the the

Warrantor Warrantor will will replace replace and/or and/or make make good good the the Subcontract Subcontract Works Works at at

its its

between between the the Warrantor Warrantor and and the the Contractor. Contractor.

exists exists

cost cost

whether whether

or or

not not

any any

disagreement disagreement

or or

difference difference

Page Page 2 2 of4 of 4

Rectification Rectification at at Warrantor's Warrantor's cost cost If If within within the the time

Rectification Rectification at at Warrantor's Warrantor's cost cost

If If within within the the time time stated stated

L

in in a a notice notice provided provided

under under clause clause 4 4 the the

in in

the the

notice, notice,

Warrantor Warrantor does does not not carry carry out out the the work work stated stated

Employer Employer may may carry carry out out that that work, work, or or cause cause it it to to be be carried carried out. out.

the the

The The

Warrantor Warrantor indemnifies indemnifies the the Employer Employer against against all all costs costs and and expenses expenses

of of and and incidental incidental to to the the carrying carrying

the

Warrantor's Warrantor's failure failure to to comply comply with with the the notice notice under under clause clause 4. 4.

out out of of the the work work (but (but excluding excluding

damages)

damages)

as

as

a

a

result

result

of

of

the

consequential

consequential

losses

losses

and

and

/

/

or

or

Assignment Assignment

The The Employer Employer may may assign assign all all of of its its rights rights under under this this agreement agreement by by

written written notice notice to to the the Contractor Contractor and and the the Warrantor. Warrantor.

Definitions Definitions

Contractor Contractor means means [Insert]. [Insert].

Employer Employer means means the the party party stipulated stipulated in in the the Details. Details.

[insert [insert works works title] title] Construction Construction Contract Contract means means the the contract contract

for for the the

between between the the Employer Employer and and the the Contractor Contractor dated dated [Insert] [Insert]

construction construction of of the the Project. Project.

Project Project means means the the construction, construction, commissioning, commissioning, testing, testing, completion completion

of of the the [insert [insert works works title] title]

Project. Project.

[insert] [insert]

Project Project forming forming

part part of of the the

Subcontract means the contract between the Contractor and the

on the

Project.

Subcontract Works means the works undertaken by the Warrantor

Warrantor dated [Insert] related to [Insert work details]

Subcontract means the contract between the Contractor and the

Warrantor dated [Insert] related to [Insert work details]

Project.

on the

Subcontract Works means the works undertaken by the Warrantor

under under the the Subcontract. Subcontract.

Warrantor means the party stipulated in the Details.

Warrantor means the party stipulated in the Details.

Page 3 of4

Page 3 of4

EXECUTED EXECUTED as as an an agreement. agreement.

EXECUTED EXECUTED

by by authority authority of of its its directors: directors:

by by

[WARRANTOR] [WARRANTOR]

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