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Application to issue a BANK GUARANTEE Cerere de emitere a unei GARANTII BANCARE

We (the Client) /Noi (Clientul) .............., acting as instructing party, hereby instruct you to issue on our behalf and for our account a bank guarantee subject to the following terms and conditions/acionnd ca parte care d instruciuni, v instructm prin prezenta s emitei pentru noi i pe contul nostru o garanie bancar n conformitate cu condiiile i termenii de mai jos: 1) Applicant* (name and address, Trade Registry no., VAT code)/ Ordonator* (denumire i adres, nr. Registrul Comerului, C.I.F):
*) The party having obligations under the underlying (comercial) relationship./Partea care are obligaii n cadrul relaiei de baz (comerciale).

2) Beneficiary (name, address, Trade Registry no., VAT code) /Beneficiar (denumire, adresa, nr. Registrul Comerului, C.I.F.): 3) Guarantee Amount (currency and amount in figures and in letters)/Valoarea Garaniei (moneda i suma n cifre i litere) : 4) Expiry date (day month year)/Data expirrii (ziua luna anul) : 5) Guarantee format/Formatul garaniei: your standard text/textul dvs. standard in Romanian language/ n limba romn in letter format/n format letric
or/sau or/sau or/sau

enclosed text/ text ataat in English language/n limba englez in SWIFT format*/n format SWIFT*:

*) Advising Bank's name and SWIFT address/Numele i adresa SWIFT al bncii avizatoare.......

6) The following type of bank guarantee:/Urmtorul tip de garanie bancar : Bid bond/ Garanie de participare la licitaie Performance guarantee/ Garanie de bun execuie Advance payment guarantee/ Garanie de restituire a avansului Payment guarantee/ Garanie de plat Customs guarantee/ Garanie pentru vam Other type of guarantee/ Alt tip de garanie : 7) Please issue the guarantee directly in favour of the Beneficiary/ V rugm s emitei garania direct n favoarea Beneficiarului or/sau Please request the following bank to issue the guarantee based on your counter-guarantee:/ V rugm s-i solicitai urmtoarei bnci s emit garania n baza contragaraniei dvs.: ....

8) Your commissions and charges related to this bank guarantee will be automatically debited from our account no./ Comisioanele i spezele dvs. aferente acestei garanii bancare vor fi debitate automat din contul nostru nr.: Other banks' commissions and charges are for the account of /Comisioanele i spezele datorate altor bnci vor fi suportate de ctre: us/noi Beneficiary/Beneficiar 9) Reason for the issue/Motivul emiterii: .. 10) Please send the original bank guarantee/V rugm s trimitei garania bancar n original: to us/nou By/Prin: Mail/Pot directly to the Beneficiary,with a copy to us /direct la Beneficiar, cu o copie la noi Courier/Curier SWIFT messsage/ Mesaj SWIFT

11) Other instructions/ Alte instruciuni By signing this Application, we hereby acknowledge having read and accepted the terms and conditions stipulated overleaf, which will be applicable for the issuance of subject bank guarantee./ Prin semnarea acestei Cereri, declarm c am luat la cunotin, suntem de acord i acceptm ca termenii i condiiile stabilite pe verso-ul acestui formular s guverneze relaia noastr cu Banca n ceea ce privete emiterea garaniei bancare ce face obiectul prezentei Cereri. Date (day month year)/ Data (ziua luna anul): Stamp and authorized signatures of the Client:/ tampila i semnturile autorizate ale Clientului: Bank use only - signature verified/ Pentru banc - autentificarea semnturilor

ORIGINAL

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The Client will pay the Bank on demand, at the address specified on the reverse side, in same day funds, any and all amounts paid by the Bank under the Guarantee (hereinafter called a "Guarantee Payment"), whether such Guarantee Payment is made before, on, or, if in accordance with the law applicable to the Guarantee, after the expiry date stated in the Guarantee, except (a)if such Guarantee Payment is made in a currency other than Romanian lei, the Client will pay the equivalent in Romanian lei, at the Bank's then selling rate for such other currency, or, at the Bank's option, will pay the Bank in such other currency. The Client also will pay the Bank on demand (a)interest on all amounts due from the Client to the Bank hereunder (in the case of interest on a Guarantee Payment, from the date such Guarantee Payment is made by the Bank) from time to time at such rate of interest as the Client and the Bank may agree and in the absence of such agreement, at such rate or rates as the Bank may in its discretion reasonably determine; (b)a commission in respect of the Guarantee, at such rate as the Client and the Bank may agree and in the absence of such agreement, at such a rate as the Bank may in its discretion reasonably determine; and (c)all expenses which the Bank may pay or incur in connection with this Agreement and the Guarantee. In making Guarantee Payments, the Bank shall not be responsible for examining our authenticating the correctness or validity of claims for payment made against the Bank under the Guarantee. If for any reason there shall be any increase in the cost to the Bank of agreeing to make or making, funding or maintaining the Guarantee, then the Client shall from time to time, upon demand by the Bank, pay to the Bank additional amounts as the Bank may determine to be necessary to indemnify the Bank against such increased cost (such compensation to include an amount equal to any reduction of the rate of return on the assets or equity of the Bank to a level below that which the Bank could have achieved, but for such increased cost). Any and all payments made to the Bank hereunder shall be made free and clear of and without deduction for any present or future taxes ("Taxes"). If the Client shall be required by law to deduct any Taxes from or in respect of any sum payable hereunder, (i)the sum payable shall be increased as may be necessary so that after making all required deductions, the Bank shall receive an amount equal to the sum the Bank would have received had no such deductions been made; (ii)the Client shall make such deductions; and (iii)the Client shall pay the full amount deducted to the relevant taxation authority or other authority in compliance with applicable law. The Client will indemnify the Bank for the full amount of Taxes paid by the Bank and any liability arising there from or with respect thereto, whether or not such Taxes were correctly or legally asserted. This indemnification shall be made within 30 days from the date the Bank makes written demand therefor. Within 30 days after the date of any payment of Taxes, the Client will furnish to the Bank the original or a certified copy of a receipt evidencing payment thereof. The Client authorizes the Bank to debit any amounts due from the Client to the Bank under this Agreement to the balance of any of the Clients accounts with the Bank. The Client will return the original executed copy of the Guarantee to the Bank immediately upon the Bank's demand if the agreement or transaction pursuant to which the Guarantee has been issued is terminated or modified in any way without the Bank's prior written consent. The Bank may repudiate the Guarantee (i)at any time for any or no reason upon 30 days notice to the Client and the Beneficiary, and (ii)at any time without notice to any party, an Event of Default (as defined below) occurs and is continuing or for any other significant reason. If the Guarantee relates to foreign currency, the Bank may assign its rights and obligations under this Agreement to a third party foreign bank and substitute such foreign bank for the Bank as guarantor. If such a case, the Bank shall only be responsible for exercising due care in the selection of the foreign bank and shall not be responsible for any failures by such foreign bank to perform its obligations under the Guarantee or this Agreement. Unless otherwise agreed in writing by the Client and the Bank, as collateral for the payment of any and all Obligations (as hereinafter defined), the Client hereby grants to the Bank a security interest in, and agrees to the Bank's unqualified right to the possession and disposal of all deposits at any time held by, delivered, or pledged to the Bank or otherwise now or hereafter in the Bank's possession or under the Bank's control, or the possession or control of any third party(ies) acting on the Bank's behalf, for the account or benefit of the Client, whether expressly as collateral or for safekeeping or for any other or different purpose. Insofar as any Property which may be held by the Bank, or for the Bank's account, as collateral hereunder may be released to or upon the order of the Client, the Client will sign and deliver to the Bank on demand such form of security agreement covering such Property as may be satisfactory to the Bank. If at any time Bank requires collateral (or additional collateral) to secure the Obligations, the Client will, on demand, assign and deliver to the Bank as security for the Obligations collateral of a type and value satisfactory to the Bank or make such cash payment as the Bank may require. As used herein, the word "Obligation" means obligations of the Client now or hereafter existing under this Agreement and the word "Property" includes inventory, equipment, farm products and other goods, documents of title, policies and certificates of insurance, securities and other instruments, chattel paper, accounts, general intangibles, and any and all other types of property, together with all proceeds and products thereof, all rights of the Client thereto and all documents relative thereto. If any Event of Default (as defined below) has occurred and is continuing, the Bank may exercise in respect of the Property subject to any of the security interests contemplated by this Agreement all the rights and remedies of a secured party on default under the Civil Code of Romania or any other applicable law and also may, without notice, sell such Property or any part thereof in one or more parcels at public or private sale, at any of its offices or elsewhere for cash, on credit or for future delivery, and at such price or prices and upon such other terms as the Bank may deem commercially reasonable. The Client will pay to the Bank on demand all costs and expenses (including, without limitation, attorney's fees and Legal expenses) related or incidental to the custody, preservation or sale of, or collection from, or other realization upon, any of such Property or related or incidental to the establishment, preservation or enforcement of the Bank's rights in respect of any such Property. In the event of sale of, collection from, or other realization upon all or any part of such Property, the Bank may, in its discretion, hold the proceeds thereof as additional collateral hereunder or then or at any time thereafter apply the proceeds thereof to the payment of such of the costs and expenses referred to above and such of the Obligations, whether or not then due, as the Bank may determine in its discretion, any surplus to be paid over to the Client or to whomever may be lawfully entitled to receive such surplus. For purposes hereof an * Event of Default" shall mean (i)the nonpayment of any of the Obligations of the Client when due; (ii)the failure of the Client to perform or observe any other term or covenant herein; (iii)the occurrence of any event that has or is likely to have a material adverse effect on the business, operations, prospects or financial condition of the Client or of any guarantor of the Obligations or impairs the ability of the Client or such guarantor to perform the Obligations hereunder; (iv)the Client or any guarantor of the Obligations is disolved or a voluntary or involuntary bankruptcy, liquidation or similar proceeding is commenced with respect to it; and (v)the existence of any security interest or encumbrance upon any Property in which a security interest was granted hereunder, except for the security interest under this Agreement. The Client will comply with all laws of Romania or other applicable foreign laws, rules and regulations (including exchange control regulations) now or hereafter applicable to the transaction related to the Guarantee or applicable to the execution, delivery and performance by the Client of this Agreement. The Client will indemnify the Bank from and against (a)all loss or damage to the Bank arising out of the Bank's issuance of, or any other action taken by the Bank in connection with, the Guarantee other than loss or damage resulting from the Bank's gross negligence or willful misconduct, and (b)all costs and expenses (including attorney's fees and legal expenses) of all claims or legal proceedings arising out of your issuance of the Guarantee or incident to the collection of amounts owed by the Client hereunder or the enforcement of the Bank's rights hereunder. Upon the occurrence and during the continuance of an Event of Default, the Bank and each of its affiliates are hereby authorized at any time and from time to time, to the fullest extent permitted by law and without prior notice or demand, to set off and apply any and all deposits held and any indebtedness owing by the Bank or affiliate to or for the account or credit of the Client against any and all of the Client's obligations hereunder, whether matured or unmatured. This Agreement shall be binding upon the Client, its successors and assigns, and shall inure to the benefit of the Bank, its successors, transferees and assigns. No provision of this Agreement shall require the payment or permit the collection of interest in excess of the maximum rate permitted by applicable law. None of the terms of this Agreement may be waived or amended except as the Bank may consent thereto in writing. The Client irrevocably submits to the exclusive jurisdiction of the courts of Bucharest or any other courts, as the Bank shall select, having jurisdiction in connection with any action or proceeding relating in any way to this Agreement. The Bank's General Conditions are incorporated by reference and made a part of this Agreement. In the event of any inconsistency between a provision of this Agreement and the Bank's General Conditions, this Agreement shall prevail. This Agreement can be executed in either an English or an Romanian version, both of which shall bind the parties; provided, however, that in case of doubt as to the proper interpretation or construction thereof, the English text shall prevail.

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Application to issue a BANK GUARANTEE Cerere de emitere a unei GARANTII BANCARE


We (the Client) /Noi (Clientul) .............., acting as instructing party, hereby instruct you to issue on our behalf and for our account a bank guarantee subject to the following terms and conditions/acionnd ca parte care d instruciuni, v instructm prin prezenta s emitei pentru noi i pe contul nostru o garanie bancar n conformitate cu condiiile i termenii de mai jos: 1) Applicant* (name and address, Trade Registry no., VAT code)/ Ordonator* (denumire i adres, nr. Registrul Comerului, C.I.F):
*) The party having obligations under the underlying (comercial) relationship./Partea care are obligaii n cadrul relaiei de baz (comerciale).

2) Beneficiary (name, address, Trade Registry no., VAT code) /Beneficiar (denumire, adresa, nr. Registrul Comerului, C.I.F.): 3) Guarantee Amount (currency and amount in figures and in letters)/Valoarea Garaniei (moneda i suma n cifre i litere) : 4) Expiry date (day month year)/Data expirrii (ziua luna anul) : 5) Guarantee format/Formatul garaniei: your standard text/textul dvs. standard in Romanian language/ n limba romn in letter format/n format letric
or/sau or/sau or/sau

enclosed text/ text ataat in English language/n limba englez in SWIFT format*/n format SWIFT*:

*) Advising Bank's name and SWIFT address/Numele i adresa SWIFT al bncii avizatoare.......

6) The following type of bank guarantee:/Urmtorul tip de garanie bancar : Bid bond/ Garanie de participare la licitaie Performance guarantee/ Garanie de bun execuie Advance payment guarantee/ Garanie de restituire a avansului Payment guarantee/ Garanie de plat Customs guarantee/ Garanie pentru vam Other type of guarantee/ Alt tip de garanie : 7) Please issue the guarantee directly in favour of the Beneficiary/ V rugm s emitei garania direct n favoarea Beneficiarului or/sau Please request the following bank to issue the guarantee based on your counter-guarantee:/ V rugm s-i solicitai urmtoarei bnci s emit garania n baza contragaraniei dvs.: ....

8) Your commissions and charges related to this bank guarantee will be automatically debited from our account no./ Comisioanele i spezele dvs. aferente acestei garanii bancare vor fi debitate automat din contul nostru nr.: Other banks' commissions and charges are for the account of /Comisioanele i spezele datorate altor bnci vor fi suportate de ctre: us/noi Beneficiary/Beneficiar 9) Reason for the issue/Motivul emiterii: .. 10) Please send the original bank guarantee/V rugm s trimitei garania bancar n original: to us/nou By/Prin: Mail/Pot directly to the Beneficiary,with a copy to us /direct la Beneficiar, cu o copie la noi Courier/Curier SWIFT messsage/ Mesaj SWIFT

11) Other instructions/ Alte instruciuni By signing this Application, we hereby acknowledge having read and accepted the terms and conditions stipulated overleaf, which will be applicable for the issuance of subject bank guarantee./ Prin semnarea acestei Cereri, declarm c am luat la cunotin, suntem de acord i acceptm ca termenii i condiiile stabilite pe verso-ul acestui formular s guverneze relaia noastr cu Banca n ceea ce privete emiterea garaniei bancare ce face obiectul prezentei Cereri. Date (day month year)/ Data (ziua luna anul): Stamp and authorized signatures of the Client:/ tampila i semnturile autorizate ale Clientului: Bank use only - signature verified/ Pentru banc - autentificarea semnturilor

COPIE

1.

The Client will pay the Bank on demand, at the address specified on the reverse side, in same day funds, any and all amounts paid by the Bank under the Guarantee (hereinafter called a "Guarantee Payment"), whether such Guarantee Payment is made before, on, or, if in accordance with the law applicable to the Guarantee, after the expiry date stated in the Guarantee, except (a)if such Guarantee Payment is made in a currency other than Romanian lei, the Client will pay the equivalent in Romanian lei, at the Bank's then selling rate for such other currency, or, at the Bank's option, will pay the Bank in such other currency. The Client also will pay the Bank on demand (a)interest on all amounts due from the Client to the Bank hereunder (in the case of interest on a Guarantee Payment, from the date such Guarantee Payment is made by the Bank) from time to time at such rate of interest as the Client and the Bank may agree and in the absence of such agreement, at such rate or rates as the Bank may in its discretion reasonably determine; (b)a commission in respect of the Guarantee, at such rate as the Client and the Bank may agree and in the absence of such agreement, at such a rate as the Bank may in its discretion reasonably determine; and (c)all expenses which the Bank may pay or incur in connection with this Agreement and the Guarantee. In making Guarantee Payments, the Bank shall not be responsible for examining our authenticating the correctness or validity of claims for payment made against the Bank under the Guarantee. If for any reason there shall be any increase in the cost to the Bank of agreeing to make or making, funding or maintaining the Guarantee, then the Client shall from time to time, upon demand by the Bank, pay to the Bank additional amounts as the Bank may determine to be necessary to indemnify the Bank against such increased cost (such compensation to include an amount equal to any reduction of the rate of return on the assets or equity of the Bank to a level below that which the Bank could have achieved, but for such increased cost). Any and all payments made to the Bank hereunder shall be made free and clear of and without deduction for any present or future taxes ("Taxes"). If the Client shall be required by law to deduct any Taxes from or in respect of any sum payable hereunder, (i)the sum payable shall be increased as may be necessary so that after making all required deductions, the Bank shall receive an amount equal to the sum the Bank would have received had no such deductions been made; (ii)the Client shall make such deductions; and (iii)the Client shall pay the full amount deducted to the relevant taxation authority or other authority in compliance with applicable law. The Client will indemnify the Bank for the full amount of Taxes paid by the Bank and any liability arising there from or with respect thereto, whether or not such Taxes were correctly or legally asserted. This indemnification shall be made within 30 days from the date the Bank makes written demand therefor. Within 30 days after the date of any payment of Taxes, the Client will furnish to the Bank the original or a certified copy of a receipt evidencing payment thereof. The Client authorizes the Bank to debit any amounts due from the Client to the Bank under this Agreement to the balance of any of the Clients accounts with the Bank. The Client will return the original executed copy of the Guarantee to the Bank immediately upon the Bank's demand if the agreement or transaction pursuant to which the Guarantee has been issued is terminated or modified in any way without the Bank's prior written consent. The Bank may repudiate the Guarantee (i)at any time for any or no reason upon 30 days notice to the Client and the Beneficiary, and (ii)at any time without notice to any party, an Event of Default (as defined below) occurs and is continuing or for any other significant reason. If the Guarantee relates to foreign currency, the Bank may assign its rights and obligations under this Agreement to a third party foreign bank and substitute such foreign bank for the Bank as guarantor. If such a case, the Bank shall only be responsible for exercising due care in the selection of the foreign bank and shall not be responsible for any failures by such foreign bank to perform its obligations under the Guarantee or this Agreement. Unless otherwise agreed in writing by the Client and the Bank, as collateral for the payment of any and all Obligations (as hereinafter defined), the Client hereby grants to the Bank a security interest in, and agrees to the Bank's unqualified right to the possession and disposal of all deposits at any time held by, delivered, or pledged to the Bank or otherwise now or hereafter in the Bank's possession or under the Bank's control, or the possession or control of any third party(ies) acting on the Bank's behalf, for the account or benefit of the Client, whether expressly as collateral or for safekeeping or for any other or different purpose. Insofar as any Property which may be held by the Bank, or for the Bank's account, as collateral hereunder may be released to or upon the order of the Client, the Client will sign and deliver to the Bank on demand such form of security agreement covering such Property as may be satisfactory to the Bank. If at any time Bank requires collateral (or additional collateral) to secure the Obligations, the Client will, on demand, assign and deliver to the Bank as security for the Obligations collateral of a type and value satisfactory to the Bank or make such cash payment as the Bank may require. As used herein, the word "Obligation" means obligations of the Client now or hereafter existing under this Agreement and the word "Property" includes inventory, equipment, farm products and other goods, documents of title, policies and certificates of insurance, securities and other instruments, chattel paper, accounts, general intangibles, and any and all other types of property, together with all proceeds and products thereof, all rights of the Client thereto and all documents relative thereto. If any Event of Default (as defined below) has occurred and is continuing, the Bank may exercise in respect of the Property subject to any of the security interests contemplated by this Agreement all the rights and remedies of a secured party on default under the Civil Code of Romania or any other applicable law and also may, without notice, sell such Property or any part thereof in one or more parcels at public or private sale, at any of its offices or elsewhere for cash, on credit or for future delivery, and at such price or prices and upon such other terms as the Bank may deem commercially reasonable. The Client will pay to the Bank on demand all costs and expenses (including, without limitation, attorney's fees and Legal expenses) related or incidental to the custody, preservation or sale of, or collection from, or other realization upon, any of such Property or related or incidental to the establishment, preservation or enforcement of the Bank's rights in respect of any such Property. In the event of sale of, collection from, or other realization upon all or any part of such Property, the Bank may, in its discretion, hold the proceeds thereof as additional collateral hereunder or then or at any time thereafter apply the proceeds thereof to the payment of such of the costs and expenses referred to above and such of the Obligations, whether or not then due, as the Bank may determine in its discretion, any surplus to be paid over to the Client or to whomever may be lawfully entitled to receive such surplus. For purposes hereof an * Event of Default" shall mean (i)the nonpayment of any of the Obligations of the Client when due; (ii)the failure of the Client to perform or observe any other term or covenant herein; (iii)the occurrence of any event that has or is likely to have a material adverse effect on the business, operations, prospects or financial condition of the Client or of any guarantor of the Obligations or impairs the ability of the Client or such guarantor to perform the Obligations hereunder; (iv)the Client or any guarantor of the Obligations is disolved or a voluntary or involuntary bankruptcy, liquidation or similar proceeding is commenced with respect to it; and (v)the existence of any security interest or encumbrance upon any Property in which a security interest was granted hereunder, except for the security interest under this Agreement. The Client will comply with all laws of Romania or other applicable foreign laws, rules and regulations (including exchange control regulations) now or hereafter applicable to the transaction related to the Guarantee or applicable to the execution, delivery and performance by the Client of this Agreement. The Client will indemnify the Bank from and against (a)all loss or damage to the Bank arising out of the Bank's issuance of, or any other action taken by the Bank in connection with, the Guarantee other than loss or damage resulting from the Bank's gross negligence or willful misconduct, and (b)all costs and expenses (including attorney's fees and legal expenses) of all claims or legal proceedings arising out of your issuance of the Guarantee or incident to the collection of amounts owed by the Client hereunder or the enforcement of the Bank's rights hereunder. Upon the occurrence and during the continuance of an Event of Default, the Bank and each of its affiliates are hereby authorized at any time and from time to time, to the fullest extent permitted by law and without prior notice or demand, to set off and apply any and all deposits held and any indebtedness owing by the Bank or affiliate to or for the account or credit of the Client against any and all of the Client's obligations hereunder, whether matured or unmatured. This Agreement shall be binding upon the Client, its successors and assigns, and shall inure to the benefit of the Bank, its successors, transferees and assigns. No provision of this Agreement shall require the payment or permit the collection of interest in excess of the maximum rate permitted by applicable law. None of the terms of this Agreement may be waived or amended except as the Bank may consent thereto in writing. The Client irrevocably submits to the exclusive jurisdiction of the courts of Bucharest or any other courts, as the Bank shall select, having jurisdiction in connection with any action or proceeding relating in any way to this Agreement. The Bank's General Conditions are incorporated by reference and made a part of this Agreement. In the event of any inconsistency between a provision of this Agreement and the Bank's General Conditions, this Agreement shall prevail. This Agreement can be executed in either an English or an Romanian version, both of which shall bind the parties; provided, however, that in case of doubt as to the proper interpretation or construction thereof, the English text shall prevail.

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