“Lombard（保函开立人）was obliged to pay ‘on receipt of a written demand’ from SANRAL(业主), which could be made if, in SANRAL（业主）’s ‘opinion and … sole discretion’, the Joint Venture（承包商）had failed and/or neglected to commence the work as prescribed, or if it had failed and/or neglected to proceed therewith, ‘or if, for any reason,itfails and/or neglects to complete the services in accordance with the conditions of the contract.”
南非上诉法院认为保函中的 “ for any reason”的表述非常重要。承包商由于不可抗力或其他原因而履约失败的，都属于 “ for any reason”的范畴。换言之，只要承包商履约失败的，保函的开立行在收到受益人的承兑请求后须向受益人支付款项，承包商声称不可抗力阻碍其履约对保函承兑无关紧要。
In this Clause, “Force Majeure” means an exceptional event or circumstances:
(a)which is beyond a Party’s control,
(b)which such Party could not reasonably have provided against before entering into the Contract,
(c)which, having arisen, such Party could not reasonably have avoided or overcome, and
(d)which is not substantially attributable to the other Party.
The Employer shall not make a claim under the Performance Security, except for amounts to which the Employer is entitled under the Contract in the event of:
(a)failure by the Contractor to extend the validity of the Performance Security as described in the preceding paragraph, in which event the Employer may claim the full amount of the Performance Security,
(b)failure by the Contractor to pay the Employer an amount due, as either agreed by the Contractor or determined under Sub-Clause 2.5 [Employer’s Claims] or Clause 20 [Claims, Dispute and Arbitration], within 42 days after this agreement or determination,
(c)failure by the Contractor to remedy a default within 42 days after receiving the Employer’s notice requiring the default to be remedied, or
(d)circumstances which entitle the Employer to termination under Sub-Clause 15.2 [Termination by Employer], irrespective of whether notice of termination has been given.