Exhibit (I) Sample Bank Guarantee AMEND 1.DOCX

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Attached to
Electrical Power Supply, NS Rota, Spain Federal contract opportunity
Solicitation number
N3319121R4009_Electrical_Power_Spain
Issued by
Department of the Navy Naval Facilities Engineering Command

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N3319121R4009_Amend 2.pdf PDF
PROPOSAL INQUIRY RESPONSES.pdf PDF
N3319121R4009_Electrical_Power_Spain AMEND 1.pdf PDF
Enclosure 1 to 6.xlsx XLSX spreadsheet
Exhibit (I) Sample Bank Guarantee.docx DOCX document
Exhibits A to H.XLSX XLSX spreadsheet
Exhibit (B) Financial Cap Sample.pdf PDF
N3319121R4009_Electrical_Power_Spain.pdf PDF
EXHIBIT J PROVISIONS.pdf PDF

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Text version

Exhibit (I) Bank Guarantee

AUTONOMOUS BANK GUARANTEE PAYABLE ON FIRST WRITTEN DEMAND

Attn:Commanding Officer, NAVFAC EURAFCENT Viale Porto Box 51 – Aeroporto Capodichino 80144 Napoli, ITALIA

Subject: AUTONOMOUS BANK GUARANTEE PAYABLE ON FIRST WRITTEN DEMAND

The underwritten Bank (hereafter the BANK), with legal seat in, fiscal code, VAT, Chamber of Commerce registration no., Branch of, here represented by its Bank Manager Mr.
, born inon, holding the necessary powers to issue an executable bank guarantee payable on first written demand (hereafter the GUARANTEE) in favor of NAVFAC and to meet the related obligations as mutually agreed assuming that
a) NAVFAC EURAFCENT with legal seat in Viale Porto Box 51 – Aeroporto Capodichino 80144 Napoli Italia, VAT/FC N, 80156020630 (hereafter the CLIENT), andwith legal seat in, fiscal code, VAT, Chamber of Commerce registration no., (hereafter the SUPPLIER), have agreed to sign a contract which provides for the SUPPLIER to deliver electric energy to the CLIENT starting from May 1, 2021 through April 30, 2024;

b) as suspension clause for contract efficacy the SUPPLIER must give the CLIENT a bank guarantee payable on first written demand issued by a primary Italian Spanish bank, valid through 24.00 hours of October 31, 2024, six months after the end of the period of performance, the text of which guarantee is that provided by the CLIENT;

c) in case of unilateral termination of the contract it is agreed that the GUARANTEE should be valid through 24.00 hours of the last contract day, independently of the termination day;

considering all the above assumptions a fundamental part of GUARANTEE obligations, the BANK as here represented agrees to meet the following obligations towards the CLIENT:

ART. 1 OBLIGATIONS

On behalf of the SUPPLIER the BANK irrevocably and unconditionally guarantees the NAVFAC EURAFCENT up to a maximum amount of _(numbers)_ Euros ( (letters) _ and 00/100 €), including capital, VAT, duties and taxes, accessories, and other NAVFAC EURAFCENT’s requests, assuming autonomous obligation of guarantee towards the NAVFAC EURAFCENT in the agreed terms.

The present bank guarantee covers the electric energy supply, which the Supplier is to deliver to the NAVFAC EURAFCENT, from May 1, 2021 through October 30th, 2024 (six months after the end of performance period).

Therefore the BANK shall pay the amount requested up to the agreed maximum on the NAVFAC EURAFCENT’s first written demand. The payment will be made to the NAVFAC EURAFCENT’s bank account and following the NAVFAC EURAFCENT’s crediting directions within five working days from receiving the demand. The demand shall be mailed as Registered R.R. or telegram.

The BANK will renounce all exceptions, oppositions, actions, claims for whatever reason by the SUPPLIER or third parties, including actions concerning contract validity and efficacy or should a liquidation procedure be applied for the SUPPLIER. In any case there shall be no charges, expenses or formalities for the NAVFAC EURAFCENT.

The NAVFAC EURAFCENT agrees that excussion will occur only in case of contract termination due to the SUPPLIER’s failure as per article 16 of the Contract.

Should the term of five working days be delayed, the NAVFAC EURAFCENT will be granted an interest rate calculated according to Spanish Law until the payment is effective without any further actions.

ART. 2 PARTIAL EXCUSSION; CESSION OF GUARANTEE RIGHTS

In case of partial excussion of the amount fixed in art.1, the BANK’s obligation shall not change for the remaining amount.

In no case shall the BANK reduce the GUARANTEE amount (art.1) which is fixed until the deadline as fixed in art.3.

Should the NAVFAC EURAFCENT transfer his contract the BANK’s obligation will not change provided that the BANK is notified of such cession by both parties not later than on the date of excussion on the first written demand.

ART. 3 DURATION AND VALIDITY OF THE GUARANTEE; TERMINATION

The GUARANTEE is valid and effective through October 30th, 2023 (six months after the end of performance period). In case of unilateral termination of the contract (see letter c), the GUARANTEE will terminate the last day of validity of the original contract independently of the date on which the termination becomes effective. The same provision applies to any other form of contract resolution before the original terms.

The BANK agrees that the GUARANTEE shall not be revoked for any reason whatsoever nor shall the BANK unilaterally terminate the GUARANTEE before the agreed deadline.

ART. 4 COMMUNICATIONS

All communications on the subject of the GUARANTEE should be mailed to: BANK: …., …………, ………….…, Fax ……………………., Attention of ….. .

NAVFAC: NAVFAC EURAFCENT, Viale Porto Box 51 – Aeroporto Capodichino 80144 Napoli Italia, Fax +390815685517, Attention of Magdalena Guerra (Contract Specialist)

ART. 5 EXCLUSIVE LEGAL JURISDICTION

Any disputes which should arise concerning the GUARANTEE will fall under the exclusive legal jurisdiction of the Court of RomeMadrid. Any other Court is expressly excluded.

Signature the BANK

The BANK approves the terms and conditions of the present GUARANTEE with reference to the above articles no.1-3-5.

Signature the BANK

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