Annex 6 - Third Party Undertaking Form

F4E-OPE-406

ANNEX 6

THIRD PARTY UNDERTAKING FORM F4E-OPE-406

Third Party Undertaking Form

[Denomination of the company, legal entity form, registered address, commercial registration] (the “Third Party”), represented for the purpose of the signature of this undertaking by [name in full, department], recognises that the selection by the European Joint Undertaking for ITER and the Development of Fusion Energy (“Fusion for Energy”) of [legal entity form, registered address, commercial registration] (the “Company”) for the Call for Expression of Interest № F4E-OPE-374 relies as well on the [financial and/or technical] capacities of the Third Party.

Therefore the Third Party will put at the disposal of the Company any [financial and/or technical] resources necessary for the fulfilment of the contractual obligations, should the Company be awarded the contract related to Call for Expression of Interest № F4E-OPE-374 (the “Contract”).

By consequence, the Third Party hereby expressly commits:

1. to ensure that the Company performs all its contractual obligations in conformity with the provisions of the Contract; 2. to provide the Company with such [technical and/or financial] support and assistance as it may be required to ensure the fulfilment of all obligations of the Contract; 3. to take over the obligations stemming from the Contract, under the same terms and conditions, in case of breach of the obligations of the Contract on the part of the Company.

These commitments are firm and irrevocable until the end of the warranty period as it will be defined in the Contract.

The Third Party hereby expressly commits to provide Fusion for Energy, upon request, with the proof of the fulfilment on the part of the Third Party of the conditions for participation laid down in Section III.2 of the Contract Notice related to Call for Expression of Interest № F4E-OPE-374.

This undertaking is governed by the laws applicable to the Contract. The courts having jurisdiction for matters relating to the Contract shall have sole jurisdiction in respect of matters relating to this undertaking.

This undertaking was duly authorised by a resolution of the Board of Directors of the Third Party dated [date], a copy of which is enclosed as attachment 1.

Done in ……………………………… on ………………………………

Name ………………………………

Function ………………………………

Signature ………………………………