E-3.3, r. 6.1 - Regulation respecting contracts of the Chief Electoral Officer

Schedule Disposition versions

2012-09-01

SCHEDULE 4

(s. 16)

PERFORMANCE BOND (CONSTRUCTION WORK)

(1) _______________________________________________________________________________

(Name of the SURETY)

having its principal establishment at

---

(Address of the SURETY)

herein represented by

---

(Name and title)

duly authorized, hereinafter called the SURETY, having taken cognizance of the tender duly accepted by

---

(Identification of the Chief Electoral Officer)

hereinafter referred to as the Chief Electoral Officer, in respect of

---

---

(Description of the work and location)

and on behalf of

---

(Name of the CONTRACTOR)

having its principal establishment at

---

(Address of the CONTRACTOR)

hereinafter represented by

---

(Name and title)

Duly authorized, hereinafter referred to as the CONTRACTOR, binds itself solidarily with the CONTRACTOR, to the benefit of the Chief Electoral Officer, to perform the contract including, but not limited to, the obligations covered by the guarantees, for the carrying out of the work described above in conformity with the call for tenders, it being provided that the SURETY in no case may be required to pay more than ______________________________ dollars ($__________).

(2) The SURETY agrees that the Chief Electoral Officer and the CONTRACTOR may amend the contract at any time, subject to the right of the SURETY to be informed thereof on request, pursuant to article 2345 of the Civil Code, and consents to the Chief Electoral Officer granting any time period necessary to complete the work.

(3) If the CONTRACTOR fails to perform the contract, including work covered by the guarantees, the SURETY assumes the CONTRACTOR’s obligations and, where applicable, undertakes and continues the work required within 15 days after receiving written notice to that effect from the Chief Electoral Officer, failing which the Chief Electoral Officer may have the work completed and the SURETY must pay the Chief Electoral Officer for any excess amount over the price agreed on with the CONTRACTOR for performance of the contract.

(4) This bond covers any fault indicated by the Chief Electoral Officer to the CONTRACTOR in a written notice before the end of the second year following acceptance of the work within the meaning of article 2110 of the Civil Code.

(5) This bond is governed by the law applicable in Québec, and if it is contested, the courts of Québec have sole jurisdiction.

(6) The CONTRACTOR intervenes in this agreement to consent thereto; if the CONTRACTOR fails to do so, this obligation is without effect.

IN WITNESS WHEREOF, the SURETY and the CONTRACTOR, by their duly authorized representatives, have signed this agreement in

_________________________, this __________ day of __________________________ 20__________

The SURETY

_______________________________________ _______________________________________

(Witness) (Signature)

_______________________________________

(Name of signatory in block letters)

_______________________________________

(Title of signatory in block letters)

The CONTRACTOR

_______________________________________ _______________________________________

(Witness) (Signature)

_______________________________________

(Name of signatory in block letters)

_______________________________________

(Title of signatory in block letters)

Decision 1553-2, Sch. 4.