Νόμοι — ΦΕΚ A' 46/2018

The Bank will rely upon the Lessor’s demand and will not be obliged to verify whether such conditions have been met or whether the facts mentioned by the Lessor are true and accurate. In the event that the Bank is required to make a payment pursuant to a Demand in accordance with the terms and conditions of this Bank Guarantee, the Bank will make such payment within three (3) Athens Business Days from the date of receipt of the Demand, without set-off, withholding or objection, by deposit in a bank account which will be designated by the Lessor in its Demand. The date of receipt of the Demand will be the date of receipt of the registered letter by the Bank as evidenced by the relevant postmark. In this paragraph, “Athens Business Day” means a day, other than a Saturday or Sunday, for which banks are open for general banking business in Athens, Greece.

The Bank’s liability hereunder shall be limited to paying an amount that shall not exceed the amount stated in paragraph (A) of the Recital above for the [applicable Phase] [Exploration Stage Extension].

(a) The amount that the Bank shall be liable to pay under this Bank Guarantee shall be reduced every Calendar Quarter by the amount of Actual Expenditure incurred by the Lessee in such period, of which the Bank shall receive notice from the Lessor. Such reduction shall take effect as from the date of the receipt of such notice by the Bank. (b) In order to facilitate the reduction in the Bank’s liability referred to in (a) above the Bank must receive, together with the notice: (i) Confirmation from the Lessor as the amount of reduction; and (ii) confirmation from the Lessor as to the revised amount that the Bank may be liable to pay under this Bank Guarantee. Expenditure Obligations as defined under A for which the Lessee is or may become liable is satisfied in full prior to surrender pursuant to the terms of Article 6.1(c) of the Agreement, the Bank’s liability pursuant to Clause 2 shall be reduced accordingly.

This Bank Guarantee, issued on the date shown above, shall come into effect as from the date of the receipt by the Bank of a certificate signed by the Lessor stating that (i) the Agreement has been ratified by the Hellenic Republic (i.e. the Effective Date has been reached) (ii) the first day of the [Second] [Third] Phase according to the notification of the Lessee provided in Article [2.1.b] [2.1.c] of the Agreement (iii) the Lessor has granted following the Lessee’s application for an Exploration Stage Extension under the Agreement.

The Bank Guarantee may not be revoked, assigned or transferred to any other person other than the Lessor and the Lessor may not assign or transfer the Bank Guarantee to any other person unless it receives the prior written consent of the Lessee.

The Bank’s liability under this Bank Guarantee shall not be reduced, discharged or otherwise adversely affected by: (a) any act, omission, matter or thing which would have discharged or affected the liability of the Bank had it been a principal debtor instead of a guarantor or indemnifier; or (b) anything done or omitted by any person which, but for this provision, might operate or exonerate or discharge the Bank or otherwise reduce or extinguish its liability under this guarantee.

This Bank Guarantee shall expire on the date of: (a) the payment by the Bank in full of all of the amounts guaranteed hereunder; (b) the receipt by the Bank of a certificate by the Lessor, whereby the relevant Actual Expenditure shall equal or exceed the amount of the Minimum Expenditure Obligation; (c) the 120th day after the end of the [First Phase] [Second Phase] [Third Phase] [Exploration Stage Extension], save in regard to any amount that must be paid by the Bank pursuant to a Demand made as hereinbefore provided, (d) the 60th day after the date of issue of the Bank Guarantee, in case of no certificate as per Clause 5, stating that the Agreement has been ratified by the Hellenic Republic has been received by the Bank, whichever is the earliest date, whereafter, subject to (c) above, the Bank shall have no liability whatsoever under this Bank Guarantee.

Any notice required to be provided by the Lessee and the Lessor in accordance with the terms of this Bank Guarantee must be signed by a duly authorised representative of the Lessee and the Lessor, respectively. Παραγγέλλομε τη δημοσίευση του παρόντος στην Εφημερίδα της Κυβερνήσεως και την εκτέλεσή του ως νόμου του Κράτους. Αθήνα, 14 Μαρτίου 2018 Ο Πρόεδρος της Δημοκρατίας ΠΡΟΚΟΠΙΟΣ Β. ΠΑΥΛΟΠΟΥΛΟΣ Οι Υπουργοί Εργασίας, Κοινωνικής Ασφάλισης Εσωτερικών Εθνικής Άμυνας και Κοινωνικής Αλληλεγγύης ΠΑΝΑΓΙΩΤΗΣ ΣΚΟΥΡΛΕΤΗΣ ΠΑΝΑΓΙΩΤΗΣ ΚΑΜΜΕΝΟΣ ΕΥΤΥΧΙΑ ΑΧΤΣΙΟΓΛΟΥ Εξωτερικών Οικονομικών Πολιτισμού και Αθλητισμού ΝΙΚΟΛΑΟΣ ΚΟΤΖΙΑΣ ΕΥΚΛΕΙΔΗΣ ΤΣΑΚΑΛΩΤΟΣ ΛΥΔΙΑ ΚΟΝΙΟΡΔΟΥ Αναπληρωτής Υπουργός Ναυτιλίας Περιβάλλοντος και Ενέργειας Περιβάλλοντος και Ενέργειας και Νησιωτικής Πολιτικής ΓΕΩΡΓΙΟΣ ΣΤΑΘΑΚΗΣ ΣΩΚΡΑΤΗΣ ΦΑΜΕΛΛΟΣ ΠΑΝΑΓΙΩΤΗΣ ΚΟΥΡΟΥΜΠΛΗΣ Θεωρήθηκε και τέθηκε η Μεγάλη Σφραγίδα του Κράτους. Αθήνα, 14 Μαρτίου 2018 Ο επί της Δικαιοσύνης Υπουργός