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  • Contract of Sale of Commercial Property Template

    Download Word Document In English. (Rs.40/-) Contract of Sale of Commercial Property Template When signed by all parties, this Document becomes a binding Contract. You should consult your attorney before signing if you have any questions. SELLER: _____________________________________WORK # _______________________ ____________________________________________HOME # _______________________ BUYER: ______________________________________WORK # _______________________ ____________________________________________HOME # _______________________ SELLERS ATTORNEY: ____________________________________________ ____________________________________________ PHONE # ______________________ BUYERS ATTORNEY: ______________________________________________________________________________________________________________________________ PHONE # ______________________ LISTING AGENCY: ______________________________PHONE # ______________________ LISTING AGENT: _______________________________PHONE # ______________________ ADDRESS: _____________________________________________________________________________ SUB AGENCY/BUYER’S BROKER (CROSS OUT ONE) _____________________________________________PHONE # ___________________________ AGENT: ______________________________________PHONE # ___________________________ ADDRESS: ___________________________________________________________________________________________________________________________________________________ OFFER TO PURCHASE: Buyer offers to purchase the property described below from Seller on the following terms: 1. PROPERTY DESCRIPTION: Property known as No. ________________ In the Town/City of ________________________________, Village of __________________________________, County of _______________________________, State of New York, also known as Tax Map No. ____________________________, including all buildings and any other improvements and all rights which the Seller has in or with the property. Approximate lot size: ______________________. ( ) As described in more detail below: 2. OTHER ITEMS INCLUDED IN PURCHASE. (NOTE: Cross out individual items not applicable in Paragraphs (a) and (b) below). (a) The following items, if any, now in or on the property are included in this purchase and sale and Seller represents that all of said items will be in working order at the time of closing: All heating, plumbing and electrical systems and (if none, so state): ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (b) The following items, if any, now in or on the property are included in this purchase and sale and are accepted by the Buyer in “as is” condition: (if none, so state) ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________  (c) Buyer shall have the right, after reasonable notice to Seller, to inspect the property with all utilities in service at the Seller’s expense, within 5 days before the time of closing. (d) Seller represents that he has good title to all of the above items transferred to the Buyer. 3. PRICE: AMOUNT AND HOW IT WILL BE PAID. The purchase price is $ ______________________________. Buyer shall receive credit at closing for the deposit of $ ________________________________, made hereunder. The deposit shall be immediately returned if this contract is not accepted by Seller or if this contract fails to close for any reason not the fault of Buyer. If Buyer fails to perform Buyer’s obligations under this contract, Buyer shall forfeit the deposit and Seller may also pursue other legal rights Seller has against the Buyer. The balance of the purchase price shall be paid as follows: [ ] (a) All in cash, or certified or bank check at closing [ ] (b) See Addendum “A” for clause for assumption of existing mortgage [ ] (c) See Addendum “B” for clause for Note and Mortgage to Seller [ ] (d) See Addendum “C” for allocation of purchase price 4. CONTINGENCIES. [ ] (a) Mortgage Contingency. This offer is subject to Buyer obtaining a [ ] Conventional, [ ] Other ________  mortgage loan in the amount of at least $________________ or ________________ % of the Purchase Price.  Buyer shall apply for the mortgage loan within _____________ days from the date of acceptance of this contract  and diligently pursue this loan, and shall have ______days from the date of the loan application to obtain a  written mortgage commitment. In the event the financing set forth above is denied, either party may cancel this  contract and the deposit will be Immediately returned to the Buyer. [ ] (b) Other Contingencies (Mark Yes or No) Y N [ ] [ ] I. Satisfactory inspection of the premises, by a licensed home inspector, to be obtained and paid for by the  (Buyer) (Seller) within ______________ calendar days after the date of the (acceptance of this contract)  (securing mortgage commitment) (strike out one). [ ] [ ] ii. Satisfactory environmental review at expense of (Buyer) (Seller) as required by Buyer and/or lending institution within ______________ calendar days after the date of the (acceptance of this contract) (securing mortgage  commitment) (strike out one). [ ] [ ] iii. Satisfactory test of septic system to be obtained and paid for by the (Buyer) (Seller) from the applicable  County Health Department or private testing company, approved by the Lender, within ____________calendar  days from the date of the (acceptance of this contract) (securing mortgage commitment) (strike out one). [ ] [ ] iv. Satisfactory test of the well water to be obtained and paid for by the (Buyer) (Seller) within ____________  calendar days from this date of the (acceptance of this contract) (securing mortgage commitment) (strike out one). [ ] [ ] v. For newly constructed facilities and all multiple existing commercial facilities, Seller will furnish prior to closing  a Certificate of Occupancy and/or a Certificate of Compliance, dated within ninety (90) calendar days of the  closing, or written confirmation from the municipality that it does not issue such certificates for the property. [ ] [ ] vi. Satisfactory radon gas test to be obtained and paid for by the (Buyer) (Seller) within _________ calendar days  from the date of the (acceptance of this contract) (securing mortgage commitment) (strike out one). [ ] [ ] vii. Satisfactory inspection of the gas system servicing the premises by a qualified company to be obtained and paid for by (Buyer) (Seller) within ___________________calendar days after the (acceptance of this contract) (securing mortgage commitment) (strike out one). [ ] [ ] viii. Subject to verification of income and expense as represented by Seller related to the business within _______________ calendar days of (acceptance of this contract) (securing mortgage commitment) (strike out one).  [ ] [ ] ix. Other Contingencies: ___________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ In the event the Contingencies are not satisfied, then either party may cure within a reasonable time. Upon failure to cure, this contract may be terminated by either party and the Buyer’s deposit shall be immediately returned to the Buyer. The party responsible for the required inspections and tests agrees to promptly apply for and diligently process the same. The Seller agrees to fully cooperate and permit access to the property for such inspections and testing. In the event the tests are not performed within the time periods stated, the tests are deemed waived. By signing this Contract, Seller represents, to the best of Seller’s knowledge, that the property is currently zoned as____________________ and the existing use is in full compliance with zoning and building ordinances for use as a ____________________. 5. CLOSING DATE AND PLACE. The transfer of title to the property shall take place on or about the _______ day of ______________, 20_____. The closing shall be held at the office of the Seller’s Attorney, or at the place designated by the Lender granting Buyer’s mortgage loan. 6. BUYER’S POSSESSION OF PROPERTY. Unless otherwise agreed in writing, Buyer shall have possession of the property on the day of closing. This means Seller must be out of the property on the closing date. Buyer agrees to accept title subject to tenancies listed in Addendum “D”. 7. TITLE DOCUMENTS. Seller shall provide the following documents in connection with the sale: A. Deed. Seller will deliver to Buyer at closing a properly signed and notarized Warranty Deed with lien covenant or other such form of Deed that is acceptable to Buyer’s Attorney. B. Abstract and Tax Searches. Seller will provide Buyer or Buyer’s Attorney at least 15 calendar days prior to the date of closing an Abstract of Title together with a local tax certificate for Village, Town and County and City taxes, if any. Seller will pay for continuing such searches to and including the day of closing, and provide proof of payment of any taxes not covered by the tax certificates. The Abstract of Title is to be prepared in accordance with the standards of the Broome County Bar Association. 8. MARKETABILITY OF TITLE. The deed and other documents delivered by Seller shall be sufficient to convey good and marketable title in fee simple, to the property free and clear of all liens and encumbrances. However, Buyer agrees to accept title to the property subject to restrictive covenants of record, provided these restrictions have not been violated, or if they have been violated, that the time for anyone to complain of the violations has expired, or Seller obtains releases from all who may enforce the violation. Buyer also agrees to accept title to the property subject to public utility easements along lot lines and other visible easements and other easements of record provided they do not interfere with any building now on the property or with any improvements Buyer may construct in compliance with all present restrictive covenants of record and zoning and building codes applicable to the property. 9. OBJECTIONS TO TITLE. In the event that the Abstract of Title fails to show marketable title, Buyer shall elect one of the following: (a) Accept the title as presented. (b) Reject the title and allow Seller a reasonable time to cure the defect. (c) Allow the Seller to provide Buyer with a Fee Title Insurance Policy at Seller’s expense insuring marketable title.  If Buyer elects not to accept such title as Seller can convey, and Seller will not or cannot cure the defect, either party may terminate this contract. In the event this contract is terminated by either party pursuant to this paragraph, the Buyer shall have the deposit together with reimbursement, from the Seller, for the survey cost, any non-refundable fees paid to obtain a commitment for a mortgage loan and the cost of any environmental study required by the lending institution immediately returned, and neither Buyer nor Seller shall have any further rights against the other. 10. RECORDING COSTS, MORTGAGE TAX, TRANSFER TAX AND CLOSING ADJUSTMENTS. A. Recording Seller will pay the Real Property Transfer Tax and special additional mortgage tax, if applicable. Buyer will pay for recording the deed and the mortgage and for the mortgage tax. B. Closing Adjustments. All real estate taxes, including installments for special assessments (including improvement assessment), school taxes, fuel in storage, rentals, interest if any, water rates, sewer charges, insurance and other prepaid or deferred charges affecting the premises shall be adjusted between the parties as of the date of closing. 11. RESPONSIBILITY OF PERSONS UNDER THIS CONTRACT:; ASSIGNABILITY. Any party signing this contract as Buyer or Seller and any successor to that party’s legal position shall be responsible for keeping the promises made by them in this contract. 12. ENTIRE CONTRACT. This contract when signed by both Buyer and Seller will be the record of the complete agreement concerning the purchase and sale of the property. No agreements or promises will be binding on either the Buyer or Seller unless they are in writing, and signed by Buyer and Seller. 13. ATTORNEY APPROVAL. Unless waived below, this offer is subject to approval by Buyer’s attorney and Seller’s Attorney. Failure of a party to have an Attorney respond, orally or in writing, within 3 business days of the Attorney’s receipt of a copy of this contract shall be deemed to be a waiver by that party of this “Attorney Disapproval” contingency. An Attorney’s oral or written response will be deemed effective if given by: (1) The Seller’s Attorney, to the Buyer or Buyer’s Attorney, or (2) The Buyer’s Attorney, to the Seller, Seller’s Attorney, listing agent or subagent. A written response will be deemed effective if posted within the said 3 day time period. As used in the Contract, a business day refers to Monday through Friday, except legal holidays as defined in Section 24 of the General Construction Law. Waiver of Attorney Approval. This offer is not subject to Attorney approval for the Buyer. [Buyer(s) initial if applicable.] ________________________________________ ________________________________________________  Date Buyer ________________________________________ ________________________________________________  Witness Buyer _____________________________________________________________________________________________   ACCEPTANCE OF OFFER BY SELLER Seller certifies that they own the property and have the power to sell the property. Seller accepts the offer and agrees to sell on the terms and conditions set forth above and agrees that the deposit may be held by _______________________________________. Seller agrees to pay the real estate commission in the amount of $ _____________________ or ______________% of the sales price and Seller may apply Buyer’s deposit to Seller’s obligation for said commission. Waiver of Attorney Approval. This offer is not subject to Attorney approval for the Seller. [Sellers initial if applicable.] _____________________________________ _________________________________________________  Date Seller ______________________________________ _________________________________________________  Witness Seller

  • CANTEEN AGREEMENT

    CANTEEN AGREEMENT THIS AGREEMENT MADE AT ___________ ON THIS ___________DAY OF ___________________ BETWEEN __________________________________________, a Company incorporated under the _______________________, having its Office at ___________________, represented by Shri. ___________________ (Herein after referred to as “The Company” which expression shall unless repugnant to the context or meaning thereof shall include it’s representatives and permitted assigns) of the ONE PART. AND M/s ________________ having address at __________________________________ represented by ___________________________(hereinafter called “The Contractor”) of the OTHER PART.  WHEREAS the Company is engaged in the business of ______________ at _________________________ and is required to provide canteen facilities for its employees. AND WHEREAS the Contractors have offered their services for running the canteen at the premises of the Company at __________________________ on the terms and conditions hereinafter appearing. NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS 1. The said agreement shall remain in force for a period of ______ year/s from ____________ to ______________ unless the agreement is sooner terminated or renewed. 2. The Contractor agrees to supply to the _________________ and members of the staff of the Company in the canteen hall at specified times, various items as per particulars mentioned in the Schedule I attached hereto on mutually agreed rates of the items which have been indicated in Schedule I which is part and parcel of this agreement. 3. Supply of items on credit shall be at the Contractors’ own risk and Company shall not take any liability for such credit and it’s recovery thereof.  4. The said items shall be of standard quality and they will be strictly in accordance with the Prevention of Food Adulteration Act. In case there will be any violation of the Act, the Contractor will be solely and wholly responsible. They will also furnish declaration/undertaking to the appropriate authorities as and when required. The said items if necessary may be offered to any of the Senior Officer of the Company for inspection. 5. The Company shall exercise strict control on the operations of the canteen concerning timely supply of the items in the manner laid down hereinabove or under any rules made in this behalf in the interest of discipline and efficiency. The Company shall also exercise control on quality and quantity of items. 6. The Contractors agree to keep with the Company a security deposit of $_____/- (_____________ only). The deposit amount shall be refundable without any interest, on the termination or earlier determination of this agreement. 7. The Company shall, free of cost, allow the contractor use of the canteen premises and also the catering utensils, water facility, electrical fittings/appliances, furniture and fixtures, cutlery, electric power and cooking arrangements for running the canteen services for the benefit of the employees of the Company.  8. In case of any damage to any part of the building or furniture, fixtures, fittings, equipments and/or other properties of the Company, appropriate cost of such material shall be deducted at the discretion of the Company from the security deposit and the balance (if any) only shall be repaid. If the deposit falls short of the amount to be recovered, the balance shall be recovered from the bills of the Contractor. 9. The Contractor shall be responsible for maintaining the Canteen hall, kitchen, storeroom and surrounding area neat and clean and utensils in perfect hygienic condition. 10. The Contractor agrees not to transfer or assign their rights under this agreement to any other party without prior written permission of the Company. 11. The Contractor shall keep the premises in good order and condition. It shall be the responsibility of the Contractor to clean and maintain the furniture, electrical fittings, canteen hall, kitchen etc. The Contractor shall on expiry of the said period or on earlier determination of this Agreement return all the equipments, utensils, furniture, fixtures, electrical fittings/appliances, cutlery etc., in the same condition as it was initially given, except for the reasonable wear and tear and any loss or damage due to breakage or any other cause/s shall be made good by the Contractor at his own cost.  12. The Contractor agree that they will not use or permit to use the canteen premises for any purpose other than for which it is permitted. Company reserves it’s rights to have overall control over the canteen building, furniture and other facilities provided. 13. The Contractor shall not provide services to any other person or persons who are not workers or staff of the Company except with the written permission of the Company. 14. The Contractor shall not allow any employee of the Company to enter the canteen and to avail of the canteen services at any time except the permitted hours which shall be specified by the Company from time to time. 15. The Contractor agrees that he shall with the expiration of the said term or a sooner determination of such agreement; peaceably and quietly surrender to the Company, the canteen premises and equipments, fixtures, fittings etc. lent to him. 16. The Contractor agrees to employ sufficient number of workers in consultation with the Company and all such workers shall have attained 18 years of age and declared medically fit by the Medical Officer recommended by the Company and shall be under supervision and control of Contractor alone. 17. The Contractor shall be personally responsible for the conduct and behavior of his employees. The employees engaged by the Contractors will not be deemed to be employees of the Company, since there will be no privity of contract between the Company and the employees engaged by the Contractor. 18. The Contractor agrees to pay emoluments to his employees as per requirements of law and also comply with any other legal requirements such as payment of contribution to Employees State Insurance Scheme, Provident Fund etc. The Contractor agrees to reimburse to the Company, if the Company is required to make payment in respect of employees of the Contractor during the tenure of this agreement or thereafter in respect of the period of agreement. 19. The Contractor agrees to give proper uniform to their employees as approved by the Company and assure that it will be clean and proper uniform only. 20. The Contractors agree to pay all the rates and taxes in respect of the said canteen. 21. The Contractors agree to allow representative(s) of the Company at all reasonable times to inspect the work in the canteen. 22. The Contractors agree not to affix without previous written consent of the Company any bills, hoardings, notices, placards, advertisements either inside or outside the canteen building. 23. The Contractors agree to abide by all the rules and regulations of the Company as applicable from time to time and especially undertake that all the incoming and outgoing materials will be subject to check at the Gate by the Security staff. 24. The Company agrees to provide to the Contractor, canteen hall with furniture, fixtures, fittings etc. No rental charges would be payable by the Contractor for the  use of said premises, furniture’s, fittings, fixtures etc. and they will not use the electricity for cooking purpose and shall not take out additional connections from the standard fittings in the canteen building for using appliances without prior permission of the Management. 25. The Contractor agrees to make his own arrangement for cooking fuel i.e. coal, kerosene, gas etc. Company does not guarantee for the gas supply but in case arrangement and efforts are made, the Canteen Contractor shall meet out the expenses for the same. The Contractor will ensure that all canteen workers are trained in use of LPG cylinders and they observe all safety precautions. 26. The Company shall not liable for facilitating the transport for bringing the items for canteen use i.e. raw material, fuel etc. 27. The Company agrees to provide from time to time all equipment’s, utensils other than crockery, such as cups, saucers, dishes and fuel etc. which are in its opinion necessary to the Contractors for use during the period of the agreement. However, 50% of the value of such utensils etc. supplied by the Company shall be paid by the Contractor and will be treated as deposit. 28. The said amount shall be refundable by the Company on termination or earlier determination of this agreement after deducting therefrom the cost of damaged broken or defective equipment’s/utensils given on loan, if any, except reasonable wear and tear. If after deducting the amount from the said deposit there still remains any amount to be recovered, it shall be recoverable from his bills. 29. The Contractor shall alone be liable for payment of any compensation to his employees suffered due to accident, fire, litigation, or any such other causes. The Contractor shall take appropriate Insurance Policy. The Company shall on no count be liable for payment of compensation. In the event the Company is made liable, the Contractor shall indemnify the Company against all such payments. 30. The Contractor hereby agrees that the Company shall not be liable for any suit and/or litigation filed by any of the employee of the Contractor. In the event of any suit and/or litigation filed by the employee of the Contractor against the Company, the Contractor shall indemnify the Company and shall bear all expenses incurred by the Company in defending such suit and/or litigation. 31. The Contractors shall have to carry out the instructions given by the officer/official and non-compliance of the instructions shall be treated as breach of this contract, for which penalty can be imposed upon the Contractors or this agreement be rescinded. 32. In case of non-observance and non-performance of any of the provisions of this agreement by the Contractors, the Company shall be at liberty or with any time thereafter, to terminate this agreement. 33. It is agreed that either party can terminate the agreement during the term by giving _____ days notice in writing to other party or paying $_____/-( ________________________ only) in lieu of the notice. In any case the contractor shall continue to run the canteen till alternate arrangement is made by the Company. 34. Any relaxation or indulgence granted by the Company to the Contractors shall not in any way prejudice strict rights of the Company under this Agreement. 35. The Contractors agree to strictly adhere to the canteen timings as laid down by the company and ensure that the canteen will remain closed during the closure timings. 36. This Agreement shall be subject to the jurisdiction of the Courts in Pune and no other Courts shall have jurisdiction in any litigation arising out of this Agreement. IN WITNESS WHEREOF PARTIES HERETO HAVE SET THEIR RESPECTIVE HANDS AND SEAL ON THE DATES MENTIONED UNDER THEIR SIGNATURE.  For ________________ Name Designation Contractor Witnessses: SCHEDULE-1 Download Word Document In English. (Rs.40/-)

  • SALE DEED

    SALE DEED This DEED OF ABSOLUTE SALE executed at on this the day of , 201X by s/o residing at hereinafter called the VENDOR of the one part which expression shall include his executors, administrators, legal representatives, successors etc. TO AND IN FAVOUR OF  w/o residing at hereinafter called the PURCHASER of the Other Part which expression wherever the context so requires shall mean and include his heirs, executors, administrators, legal representatives, successors etc.  WHEREAS the VENDOR herein has purchased the said property more fully described in the Schedule hereunder from Thiru. in and by sale deed dated and registered on as Document No. of (year) of Book 1 volume No. filed at pages to on the file of the Sub Registrar of .  WHEREAS the VENDOR herein has been in exclusive possession and enjoyment of the property more fully described in the Schedule hereunder with a constructed house thereon ,which was constructed by him with his self-earned funds , till date.  WHEREAS the VENDOR is the exclusive owner of the property more fully described in the schedule hereunder and he has absolute right to dispose of the same as in the manner he wishes;  AND WHEREAS the VENDOR is in need of funds in order to meet his personal commitments and family expenses and has decided to sell the property more fully described in the Schedule hereunder for a sum of $_________________ /- (_______________________ only) and the PURCHASER herein has also agreed to purchase the same for the said price and to the effect they entered into an agreement to sell dated . NOW THIS DEED OF SALE WITNESSETH THAT in pursuance of the aforesaid agreement and in consideration of a sum of $______________________ (___________________ only) received by the VENDOR in cash and the receipt of the said entire consideration of $________ (________________ only), the VENDOR doth hereby admit, acknowledge, acquit, release and discharge the  VENDOR from making further payment thereof and the VENDOR doth hereby sell, convey, transfer, and assigns unto and to the use of the PURCHASER, the property more fully described in the Schedule hereunder together with the water ways, easements, advantages and appurtenances, and all estate, rights, title and interest of the VENDOR to and upon the said property TO HAVE AND TO HOLD the said property hereby conveyed unto the PURCHASER absolutely and forever. THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASER AS FOLLOWS: 1. That the property more fully described in the Schedule hereunder shall be quietly and peacefully entered into and held and enjoyed by the PURCHASER without any interference, interruption, or disturbance from the VENDOR or any person claiming through or under him.  2. That the VENDOR has absolute right, title and full power to sell, convey and transfer unto the PURCHASER by way of absolute sale and that the VENDOR has not done anything or knowingly suffered anything whereby his right and power to sell and convey to the PURCHASER the property hereby conveyed. 3. That the property is not subjected to any encumbrances, mortgages, charges, lien, attachments, claim, demand, acquisition proceedings by Government or any kind whatsoever and should thereby and the VENDOR shall discharge the same from and out of his own funds and keep the PURCHASER indemnified. 4. That the VENDOR hereby declares with the PURCHASER that the VENDOR has paid all the taxes, rates and other outgoing  due to Local bodies, revenue, urban and other authorities in respect of the property more fully described in the Schedule hereunder up to the date of execution of this sale deed and the PURCHASER shall bear and pay the same hereafter. If any arrears are found due to the earlier period, the same shall be discharged by the VENDOR  5. That the VENDOR has handed over the vacant possession of the property more fully described in the Schedule hereunder to the PURCHASER on and delivered the connected original title document in respect of the schedule mentioned property hereby conveyed on the date of execution of these presents. 6. That the VENDOR will at all times and at the cost of the PURCHASER execute, register or cause to be done, all such acts and deeds for perfecting the title to the PURCHASER in the property hereby sold and conveyed herein. 7. That the VENDOR do hereby covenants and assures that the PURCHASER is  entitled to have mutation of his name in all public records, local body and also obtain patta in the name of the PURCHASER and undertakes to execute any deed in this respect. SCHEDULE OF  PROPERTY The Market Value of the Property is $ In witness where of the VENDOR and the PURCHASER have set their signatures on the day month and year first above written. Witnesses:  VENDOR 1) 2) THE PURCHASER Download Word Document In English. (Rs.30/-)

  • Preliminary Decree for Redemption Where on Default of Payment of Mortgagor a Decree for Foreclosure is Passed

    Preliminary Decree for Redemption Where on Default of Payment of Mortgagor a Decree for Foreclosure is Passed (Order Xxxiv, Rule 7) (Where Accounts are Directed to be Taken.) (Title) 1.             This suit coming on this........................day, etc.; It is hereby ordered and decreed that it be referred to.................................... as the Commissioner to take the accounts following: --                                           i.    an account of what is due on this date to the defendant for principal and interest on the mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or where no such rate is fixed, at six per cent per annum or at such rate as the Court deems reasonable);                                          ii.    an account of the income of the mortgaged property received up to this date by the defendant or by any other person by order or for the use of the defendant or which without the willful default of the defendant or such person might have been so received;                                         iii.    an account of all sums of money properly incurred by the defendant up to this date for costs, charges and expenses (other than the costs of the suit) in repeat of the mortgage-security together with interest thereon (such interest to be computed at the rate agreed between the parties, or, failing such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent per annum.);                                         iv.    an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the defendant which is destructive of, or permanently injurious to, the property if by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgaged. 2.             It is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above, together with interest thereon, shall be adjusted against any sums paid by the defendant under clause (iii) together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, be debited in reduction of the amount due to the defendant on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the principal. 3.             And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient dispatch after making all just allowances on or before the..................................day of................................., and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make. 4.             And it is hereby further ordered and decreed --                                           i.    that the plaintiff do pay into Court on or before the day of.................................., or any later date up to which time for payment may be extended by the Court, such sum as the Court shall find due and the sum or Rs..............................for the costs of the suit awarded to the defendant;                                          ii.    that, on such payment, and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents in his possession or power relating to the mortgaged property, in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all in cumbrances created by the defendant or any person claiming under him or any person under whom he claims and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property. 5.             And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant shall be at liberty to apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property; and that the parties shall be at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit. Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • HYPOTHEC ON MOVABLES

    HYPOTHEC ON MOVABLES Download Word Document In English. (Rs.50/-) This Hypothec on Movables (the “Agreement”) is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Partnership"), a company organised and existing under the laws of the [COUNTRY], with its head office located at: [YOUR COMPLETE ADDRESS] AND [FIRST GRANTOR NAME] (the "First Grantor"), an individual with his main address located at: [COMPLETE ADDRESS] AND: [SECOND GRANTOR NAME] (the "Second Grantor"), an individual with his main address located at: [COMPLETE ADDRESS] AND: [CREDITOR NAME] (the "Creditor"), a company organised and existing under the laws of the [COUNTRY], with its head office located at: [COMPLETE ADDRESS] WHICH PARTIES AGREE WITH EACH OTHER AS FOLLOWS: INTERPRETATION Definitions The capitalised words and expressions used in this Deed or in any deed, document or agreement supplemental or ancillary hereto, unless there be something in the subject or the context inconsistent therewith, shall have the following meanings: “Claims” shall have the meaning ascribed to it in subsection 2.1.2; “Creditor” means [CREDITOR NAME]. And includes any successor or assignee thereof; “Deed of Hypothec”, “this Deed”, “this Deed of Hypothec”, “these presents”, “herein”, “hereby”, “hereunder” and other similar expressions refer collectively to this Deed of Hypothec, its accompanying schedules as well as any and every deed or another instrument which is supplementary or ancillary hereto or in implementation hereof, the whole as same may be amended, supplemented or restated from time to time; “Default” means any one of the events specified in Section 7.1, the occurrence or failure to occur of which constitutes, or with the passage of time or the giving of notice or both, would constitute an Event of Default; “Event of Default” shall have the meaning ascribed to it in Section 7.1; “Governmental Authority” means any nation or government, any state or other political subdivision thereof and any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to the government; “Grantors” refers collectively to the Partnership and the Partners; “Hypothecated Property” shall have the meaning ascribed to it in Section 2.1; “Inventory” shall have the meaning ascribed to it in subsection 2.1.1; “Law” means all applicable provisions of statutes, ordinances, decrees, orders in council, rules, regulations, treaties and all applicable determinations, rulings, orders and decrees of Governmental Authorities and arbitrators; “Lien” means any interest in property or the income or profits therefrom securing an obligation owed to, or a claim by, a Person other than the owner (which for the purposes hereof shall include a possessor under a title retention agreement and a lessee under a lease herein below described) of such property, or claim whether such interest is based on common [YOUR COUNTRY LAW], civil [YOUR COUNTRY LAW], statute or contract, and including, but not limited to, any security interest, hypothec, prior claim, mortgage, pledge, lien, claim, charge, cession, transfer, assignment, encumbrance, title retention agreement, lessor’s interest under a lease which would be capitalized on a balance sheet of the owner of such property or analogous instrument in, of, or on any property or the income or profits therefrom of a Person, other than Liens incurred in the ordinary course of business and for the purpose of carrying on same not in connection with the borrowing of money or the obtaining of credit and which do not in the aggregate materially impair the use, the income or profits therefrom, of the property covered thereby in the operation of such Person’s business; “Obligations” is the collective reference to all the obligations, present and future, direct and indirect, absolute and contingent, presently owing and due or hereafter to become owing and due to the Creditor by the Grantors from time to time, including, without limiting the generality of the foregoing, all their obligations to pay to the Creditor all amounts owing to the Creditor in re spect of sales of tyre inventory made by it to the Partnership from time to time; “Partners” refers collectively to [NAME], born on [DATE] in [COUNTRY] and residing at [FULL ADDRESS], [STATE/PROVINCE], and [NAME], born on [DATE] in [COUNTRY], and residing at [FULL ADDRESS], [COUNTRY], in their capacity as partners of the Partnership, and includes any heirs and successors respectively thereof; “Partnership” refers to [COMPANY NAME], a general partnership duly constituted under the [YOUR COUNTRY LAW], and includes any successor thereto; “Person” means any legal or natural person, company, joint venture, partnership, whether general, limited or undeclared, trust, association, unincorporated company, Governmental Authority or other entity of whatever nature. Plural and Masculine Unless there be something in the subject or the context inconsistent therewith, words importing the singular only shall include the plural and vice versa  and words importing the masculine gender shall include the feminine gender and vice versa , and any reference to [AMOUNT] shall mean [COUNTRY] [AMOUNT]. Division in Articles.  The division of this Deed into Articles, Sections, subsections and paragraphs and the insertion of titles are for convenience of reference only and do not affect the meaning or the interpretation of the present Deed. HYPOTHECS Principal Hypothec As a general and continuing collateral security for the performance by the Grantors of the Obligations, each of the Grantors hereby hypothecates to and in favour of the Creditor the following property and its respective rights, titles and interests in and to such property (collectively referred to herein as the “Hypothecated Property”) to the extent of the sum of [AMOUNT], with interest thereon at the rate of [PERCENTAGE %] per annum: the universality of all the present and future tires, of whatever make and model, of which the Partnership is now or hereafter may be a wholesale or retail purchaser or shipper or in which it is now or may hereafter be a dealer or seller (collectively referred to herein as the “Inventory”) and all rights to the warehouse receipts, bills of lading and other title documents relating to the Inventory; and the universality of all claims, accounts receivable and book debts which now are or may at any time hereafter become vested in the Partnership, of any nature and kind arising pursuant to the sale, transfer, assignment or other disposition of any Inventory, whether or not such claims are certain and determinate, invoiced, liquid, eligible, litigious or constituted by a negotiable or other instrument or  draft and including, without limiting the generality of the foregoing, the contracts, guarantees, bills of exchange, notes, Liens, suretyships and accessories connected in any manner whatsoever to or securing the said claims, accounts receivable and book debts, and all the books, accounts, invoices, letters and other documents evidencing the said claims, accounts receivable and book debts, in any manner whatsoever, which now are or may hereafter become vested in the Partnership (collectively referred to herein as the “Claims”). Additional Hypothec As general and continuing collateral security for the performance by the Grantors of the Obligations not otherwise secured by the hypothecs created under the terms of Section 2.1, including, without limiting the generality of the foregoing, interest on all overdue interest, as well as the costs and expenses incurred by the Creditor in order to preserve or realise upon the Liens created and to be created from time to time under the terms hereof and all other costs and expenses related to the Obligations, each of the Grantors hereby hypothecates the Hypothecated Property to and in favour of the Creditor to the extent of an additional sum of [AMOUNT]  with interest thereon at the rate of [PERCENTAGE %]  per annum. SPECIAL PROVISIONS RELATING TO CLAIMS Authorization of the Creditor to permit the Grantors to Collect the Principal and Revenues of the Claims The Creditor expressly authorizes the Grantors to collect, when and as the same shall become due, the principal of and revenues payable from time to time pursuant to the Claims for so long as no Default hereunder shall have occurred and been continuing and the Creditor shall not have notified the Grantors of the withdrawal of the present authorization. The Grantors shall pay over to the Creditor, on demand, any amount paid to the Grantors in re spect of the Claims following the withdrawal of the present authorization. The exercise of Rights in re spect of the Claims Following the withdrawal of the authorization to collect the Claims, the Creditor may grant releases for all amounts collected by it and, without any obligation to do so, may proceed with the realization of the whole or any part of the Claims, grant extensions or postponements of the term of any Claim, accept the amount of any Claim, and any suretyship, or security accessory thereto and may take any action and exercise any right in order to preserve, protect or secure such Claims, the whole at such time and in such manner as the Creditor may deem appropriate, without any notice to or a consent from the Grantors. Any action taken or not taken, as the case may be and any right exercised or, not, as the case may be shall be without any liability on the part of the Creditor, other than with respect to its gross negligence or willful misconduct, and without any obligation to render an accounting for any such action taken or omitted to be taken, any such right exercised or omitted to be exercised and any amount collected, save and except for the obligation to pay over to the Grantors at the end of the process of realization all amounts collected in excess of the then outstanding amount of the Obligations. The obligation of the Grantors to Provide Information relating to the Claims Upon demand of the Creditor following the occurrence of an Event of Default, the Grantors undertake to provide the Creditor with a list of all of their debtors and all their books, accounts, letters, invoices, papers, contracts, negotiable instruments, title documents, Liens and other documents attesting to the existence of the whole or any part of the Claims or relating thereto, and to permit the Creditor or its agents access to the Grantors’ premises in order to inspect and make copies of the aforementioned books and documents. The Grantors are also bound to assist the Creditor and provide it with all information, which it may find useful in the collection of the Claims. Guaranteed Claims The Grantors represent and warrant that none of the Claims which are presently vested in the Grantors is themselves secured by a Lien or by the suretyship of a third Person in favour of any one of the Grantors, and the Grantors undertake to notify the Creditor without delay of any Claim, which now is or may at any time hereafter become vested in the Grantors and which, following the date hereof, is or becomes secured by a Lien or by the suretyship of a third Person in favour of any one of the Grantors and to provide the Creditor with copies of the agreements or other documents evidencing such Liens or such suretyships. POSSESSION AND USE OF THE HYPOTHECATED PROPERTY Possession and Use Until the Grantors have surrendered or are bound to surrender the whole or any part of the Hypothecated Property under the terms of any Law, the Grantors subject, however, to the express terms hereof, shall be entitled and permitted to possess the Hypothecated Property and to manage, develop, operate, use and enjoy the same. APPLICATION OF MONEY RECEIVED BY THE CREDITOR Use of Money Not Otherwise Released All the sums of money collected by the Creditor pursuant to the provisions hereof and all the sums of money of which the Creditor is depositary in virtue of this Deed and in re spect of which no other specific provision regulates the use thereof are held by the Creditor as security for the payment of the Obligations. However, the Creditor, notwithstanding the provisions of Article [NUMBER] and the second paragraph of Article [NUMBER] of [ACT/LAW/RULE] of [COUNTRY] and every other legal rule concerning the imputation of payments, may apply such moneys to the full or partial reduction and to such of the indebtedness forming part of the Obligations as the Creditor may deem appropriate. In the absence of any such imputation on the part of the Creditor, such sums, at the request of the Partnership, may be invested, provided however that any such investment of the sums held by the Creditor be realizable upon demand. REPRESENTATIONS AND COVENANTS OF THE GRANTORS So long as any Obligation is outstanding and unpaid, the Grantors make the following representations, provide the following warranties and covenant and agree as follows: Title to Hypothecated Property That they alone are and shall be the lawful owners of the Hypothecated Property; that they have full, good and lawful authority to hypothecate the Hypothecated Property as provided in this Deed. The Hypothecated Property is free and clear of all Liens. They shall not create, assume, incur or permit the existence of any Lien on the Hypothecated Property other than Liens in favour of the Creditor. Payment of Taxes That they will pay or cause to be paid as and when due and payable all taxes, rates, charges, levies or assessments, ordinary or extraordinary, governmental or other charges of a like nature, assessed or payable upon the Hypothecated Property or any part thereof or upon the income and profits of the Grantors. Maintenance of Security. That they will fully and effectively maintain the Liens hereby constituted as valid and effective security, and that they will perform all acts and execute and publish all documents as may be necessary to ensure that the Liens hereof remain effective and at all times opposable to third Persons. Insurance That they will insure and maintain insured the Hypothecated Property against such risks and for such amounts as is customary for businesses of a like nature and that they shall duly and punctually pay or cause to be paid when due to the premiums and other money payable in re spect of such insurance policies. Restriction on Alienation of Hypothecated Property That, unless the Creditor otherwise consents to same in writing, the Grantors shall not sell, transfer or otherwise dispose of any of the Hypothecated Property save and except for the sale of Inventory in the ordinary course of their business and for the purpose of carrying on same, provided that no Default hereunder shall have occurred and been continuing at the time of any such sale, transfer or other disposition. No Inchoate Liens The Grantors represent and warrant that (y) they have not executed or agreed to execute any deed, document, contract or agreement with any Person whomsoever which would necessitate or result in the creation in favour of such Person of any Lien whatsoever on the Hypothecated Property and (SPECIFY) no creditor of the Grantors has, within the meaning of Articles [NUMBER] and [NUMBER] of the [ACT/LAW/RULE] of [COUNTRY], given value to the Grantors in the [NUMBER] days preceding the execution of this Deed. EVENTS OF DEFAULT Events of Default The occurrence of any one or more of the following events shall constitute an event of default (here in re ferred to as an “Event of Default”): Payment Should any one of the Grantors default in the payment or performance of any of the Obligations and such default continue beyond any applicable grace period; or Bankruptcy Should any one of the Grantors make an assignment for the benefit of creditors, or file or consent to the filing of a petition in bankruptcy, a proposal or a notice of intention under any bankruptcy [YOUR COUNTRY LAW] of any jurisdiction whatsoever or be adjusticated insolvent or bankrupt, or petition or apply to any tribunal to have any receiver, trustee, liquidator or sequestrate appointed for any substantial portion of its property, or if any one of the Grantors commences any proceeding in re spect of itself, its property or any substantial portion thereof under any reorganization, arrangement, readjustment of debt, composition or liquidation [YOUR COUNTRY LAW] of any jurisdiction whatsoever, whether now or hereafter in effect (any of which proceedings, including, without limitation, the making of an assignment for the benefit of creditors, or the filing or consenting to the filing of a petition in bankruptcy, a proposal or a notice of intention under any such bankruptcy [YOUR COUNTRY LAW] shall be referred to herein as a “Proceeding”); or if there is commenced against any one of the Grantors any Proceeding, and such Proceeding remains dismissed for a period of [NUMBER] days; or if any receiver, trustee, liquidator or sequestrate is appointed for any one of the Grantors or any substantial portion of its property or if any one of the Grantors consents to or approves or accepts any Proceeding or the appointment of any receiver, trustee, liquidator or sequestrate for itself or for any substantial portion of its property; or Seizure Should any process of execution be enforced or levied upon any of the Hypothecated Property and remain unsatisfied for a period of [NUMBER] days? However, an Event of Default shall only occur under this subsection if such process is not contested in good faith by or on behalf of any one of the Grantors and non-payment, in the opinion of the Creditor, shall jeopardise or impair the Liens created hereunder and the Grantors shall not have granted or caused to have been granted security which, in the discretion of the Creditor, shall be sufficient to pay in full the amount claimed in the event that it shall be held to be a valid claim; or Representations Should any representation which has been made by any one of the Grantors under, in connection with or pursuant to this Deed prove to be, at any time and from time to time, substantially false or inaccurate; or Observance of Covenants Should any one of the Grantors fail to perform or observe any one of the covenants or conditions which it is bound to perform or observe under this Deed and any such Default (excluding an Event of Default specifically provided for in this Article) continue for a period of [NUMBER] days following the receipt by the Grantor of a written notice from the Creditor specifying such Default and requiring the Grantor to rectify same; or Registrations affecting the Hypothecated Property Should any one of the Grantors fail to obtain the cancellation of any prior notice of exercise of a hypothenar right or any other entry affecting the Hypothecated Property in favour of any creditor of the Grantors other than the Creditor within [NUMBER] days of their respective publication or registration, as the case may be? REMEDIES Exercise of Rights If an Event of Default shall occur and be continuing, to the extent and in the manner permitted by [YOUR COUNTRY LAW] and subject to any preliminary measures thereby contemplated, but without in any way limiting any of the rights, remedies or recourses which the Creditor may otherwise have under any [YOUR COUNTRY LAW] or under any other deed or document, the Creditor may declare the whole or any part of the Obligations as being immediately due and payable, without presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived by the Grantors, anything in this Deed to the contrary notwithstanding and the Creditor shall be entitled to exercise all recourses available to it under [YOUR COUNTRY LAW]. MISCELLANEOUS Separate Security.  The present Deed and the Liens created herein, are and shall be in addition to and not in substitution for any other security held by the Creditor for the fulfilment of the Obligations and shall thus not operate as a novation of any Obligation. Continuing Security The Liens created hereunder shall constitute continuing security which shall remain in full force and effect until the Obligations shall have been fulfilled in full and the Liens hereof shall have been cancelled. The Grantors expressly acknowledge, for the purpose of Article [NUMBER] of the Civil Code of [COUNTRY], that until they shall have received a written notice from the Creditor to the effect that the Obligations have been fulfilled in full, they bind and oblige themselves anew continuously under the Obligations. Notices Except as otherwise specified herein, all notices, requests, demands or other communications to or upon the respective parties hereto shall be deemed to have been duly given or made to the party to which such notice, request, demand or other communication is required or permitted to be given or made under this Deed when delivered to such party (by certified mail, postage prepaid, or by telegraph, telex, email or hand delivery) at its address set forth below: If to the Partnership: [COMPANY NAME] [FULL ADDRESS] [COUNTRY] Attention:             Email: If to the Partners, at their respective residential addresses, namely: [INDIVIDUAL NAME] [COMPANY NAME] [FULL ADDRESS] [COUNTRY] [INDIVIDUAL NAME] [FULL ADDRESS] If to the Creditor: [COMPANY NAME] [FULL ADDRESS] [COUNTRY] Attention: [NAME] [FULL ADDRESS] Credit Manager Email: [EMAIL ADDRESS] Or at such other address as any of the [COMPANY NAME] may hereafter notify the others in writing. No other method of giving notice is hereby precluded. Severability Any provision of this Deed, which is prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. Governing Law This Deed and the interpretation and enforcement thereof shall be governed by and in accordance with the [YOUR COUNTRY LAW] [COMPANY NAME] Per:   [NAME] AND [NAME] as partners carrying on business in partnership under the name and style of [COMPANY NAME] [NAME] [NAME] And on the [DATE] day in [COUNTRY],of [COMPANY NAME]. Per: IN WITNESS WHEREOF, each party to this agreement has caused it to be executed at [PLACE OF EXECUTION] on the date indicated above. PARTNERSHIP FIRST GRANTOR Authorised Signature Authorised Signature Print Name and Title Print Name and Title SECOND GRANTOR CREDITOR Authorised Signature Authorised Signature Print Name and Title Print Name and Title

  • ASSIGNMENT OF SHARE

    ASSIGNMENT OF SHARE THIS ASSIGNMENT OF SHARE (this “Agreement”) is made and entered into as of [—], by and between ____________(“Assignor”) and [—] (“Assignee”). RECITALS WHEREAS, Assignor is the owner and holder of [—] shares of common Share, par value Rs.____ per share (the “Shares”), of __________________., a ___________ (the “Company”); and WHEREAS, Assignor wishes to convey [—] Shares (the “Conveyed Shares”) to Assignee. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: Recitals. The recitals contained hereinabove are acknowledged by the parties as being true and correct and are incorporated by reference herein. Assignment. Assignor hereby assigns, sells, conveys, transfers and sets over unto Assignee, its successors and assigns, all right, title and interest of Assignor in and to the Conveyed Shares, free and clear of all liens, claims, charges and encumbrances, other than any encumbrances arising from security interests granted by Assignee to Assignor in connection with the conveyance of the Conveyed Shares, as more fully set forth herein. Assignor hereby represents and warrants to Assignee that (i) Assignor is the sole legal and beneficial owner of the Conveyed Shares, (ii) Assignor owns the Conveyed Shares free and clear of all liens, claims, charges and encumbrances, and (iii) Assignor has the full power and authority to assign, sell, convey, transfer and set over to Assignee all of Assignor’s right, title and interest in and to the Conveyed Shares, and no approval or consent of any person, court or other governmental authority or agency is required in connection with this Agreement. Consideration. As consideration for the assignment of the Conveyed Shares Assignee has executed and delivered to Assignor a Secured Promissory Note (Non-Recourse), in the amount of $[—] the form of which is attached hereto as Exhibit A. As security therefore, Assignee has executed and delivered to Assignor a Share Pledge Agreement, the form of which is attached hereto as Exhibit B. General Provisions. Entire Agreement. This Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof and the transactions contemplated herein, and supersedes all prior understandings and agreements (oral and written) of the parties with respect to the subject matter hereof. Severability. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the greatest extent possible. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of ___________ applicable to contracts made and to be performed in that State. Venue of any action arising out of this Agreement shall lie exclusively in __________________. Further Actions. Assignor agrees to execute such addition documents, Share powers and letters of direction as may be necessary to effect the assignment contemplated hereby. {Signature Page to Follow} IN WITNESS WHEREOF, Assignor and Assignee have caused this Assignment to be duly executed as of the date first above written. ASSIGNOR:     ASSIGNEE: Download Word Document In English. (Rs.20/-)

  • CLIENT - CONTRACTOR AGREEMENT

    CLIENT - CONTRACTOR AGREEMENT This agreement is entered into as of the [SPECIFY DATE OF EXECUTION] , between [SPECIFY COMPLETE NAME OF CLIENT] , herein called as “Client” and [SPECIFY COMPLETE NAME OF CONTRACTOR] , herein called as “Contractor.” 1.   Individual Contractor.  Subject to the terms and conditions of this agreement, the Client therefore connects with the Contractor as a self-employed entity to play out the administrations put forward thus, and the Contractor therefore acknowledges such engagement.  2. Obligations, Term, and Compensation. The Contractor's obligations, term of engagement, pay and arrangements for installment thereof should be as put forward in the financial plan, which shall be corrected in composing every once in a while, or supplemented with ensuing appraisals for administrations to be rendered by the Contractor and consented to by the Client, and which all in all are therefore joined by reference.   3.   Costs.  Amid the term of this agreement, the Contractor might charge and the Client should repay her for all sensible and affirmed out-of-take costs which are brought about regarding the execution of the obligations hereunder.  4.   Written Reports.  The Client may ask for that undertaking designs, advance reports and a last outcomes report be given by specialist. A last outcomes report might be expected at the finish of the task and should be submitted to the Client in a secret composed report at such time. The outcomes report might be in such frame and putting forward such data and information as is sensibly asked for by the Client.  5.   Privacy.  Upon the lapse or prior end of this agreement, or at whatever point asked for by the Client, the Contractor might quickly convey to the Client every such record, records, reports, determinations, data, and different things in her ownership or under her control. The Contractor additionally concurs that she won't unveil her maintenance as a self-employed entity or the terms of this consent to any individual without the earlier composed assent of the Client and might consistently protect the classified idea of her relationship to the Client and of the administrations hereunder. 6.   Conflicts of Interest. The Contractor speaks to that she is allowed to go into this agreement and that this engagement does not disregard the terms of any understanding between the Contractor and any outsider. Amid the term of this understanding, the Contractor might commit as quite a bit of her gainful time, vitality and capacities to the execution of her obligations hereunder as is important to play out the required obligations in a convenient and beneficial way. The Contractor is explicitly allowed to perform administrations for different gatherings while performing administrations for the Client.  7.   Termination.  The Client may end this agreement whenever by 10 working days' composed notice to the Contractor. Also, if the Contractor is sentenced any wrongdoing or offense, fizzles or declines to consent to the composed strategies or sensible mandate of the Client, is liable of genuine unfortunate behavior regarding execution hereunder, or really breaks arrangements of this agreement, the Client whenever may end the engagement of the Contractor quickly and without earlier composed notice to the Contractor.  8. Independent Contractor.  This agreement should not render the Contractor a worker, accomplice, operator of, or joint venture with the Client for any reason. The Contractor is and will remain a self-employed entity in her relationship to the Client. The Client might not be in charge of withholding charges concerning the Contractor's pay hereunder. The Contractor should have no claim against the Client hereunder or generally for excursion pay, wiped out leave, retirement benefits, government managed savings, specialists pay, wellbeing or handicap benefits, joblessness protection advantages, or representative advantages of any sort. 9. Protection.  The Contractor will convey obligation protection (counting misbehavior protection, if justified) with respect to any administration that she performs for the Client. 10.   Assignment. The Contractor should not dole out any of her rights under this agreement, or delegate the execution of any of her obligations hereunder, without the earlier composed assent of the Client. 11. Alteration or Amendment.  No correction, change or alteration of this understanding might be legitimate unless in composing marked by the gatherings hereto. 12.   Whole Understanding.  This record and any display connected constitute the whole understanding and agreement of the gatherings, and any earlier agreements, understandings, and portrayals are therefore ended and wiped out completely and are of no further power and impact.  13.   Unenforceability of Provisions.  On the off chance that any arrangement of this understanding, or any segment thereof, is held to be invalid and unenforceable, at that point the rest of this agreement shall by the by stay in full power and impact.  14. Settlement of Disputes, Governing Law & Arbitration Any dispute and/or difference arising out of, or relating to this agreement including interpretation of its terms will be resolved through joint discussion by the authorized representatives of both the parties. Moreover, if the disputes are not resolved by discussion then the matter will be referred for adjudication to the Arbitration of a Sole arbitrator. This Agreement shall be governed by the laws of India.  The Courts in Mumbai (City Name)  shall have exclusive jurisdiction over the subject matter of this Agreement. In the event of any dispute or differences arising out of or in connection with this agreement, the parties hereto, agree to resolve their dispute by a sole arbitrator chosen by the parties in fast track procedure under the provision of Sec29B of Arbitration and Conciliation act of 1996. The award under this section shall be made within a period of 6 months from the date of commencement of the arbitral tribunal proceedings. The arbitration proceedings shall be conducted in English. The place of Arbitration shall be Mumbai (City Name) . The award passed in the arbitration proceedings shall be final and binding on both the parties. The cost of arbitration proceedings shall be equally borne by both the parties. Each party shall individually bear the fees of their respective Advocate/Counsel for the proceedings.   IN WITNESS WHEREOF the undersigned have executed this understanding as of the day and year initially composed previously. The gatherings hereto concur that copy marks should be as compelling as though firsts. SIGNED BY: CONTRACTOR: [SPECIFY SIGNATURE OF CONTRACTOR] [SPECIFY COMPLETE NAME OF CONTRACTOR] CLIENT: [SPECIFY SIGNATURE OF CLIENT] [SPECIFY COMPLETE NAME OF CLIENT] Download Word Document In English. (Rs.50/-)

  • NOC for Credit Card

    NOC for Credit Card Date: _______________ Ref No. _____________ To Whom It May Concern This letter is to certify that Miss. _______________ has been working with our organization as a Finance Manager. This NOC is issued upon her request for ______________ Bank. That we at ____________ Association have no objection if she applies for Credit Card in the Bank’s __________ Branch, on the basis of her account for official use. Yours Sincerely, (Sign & Stamp) HR Officer, Company Name Download Word Document In English. (Rs.15/-)

  • OPTION TO PURCHASE

    OPTION TO PURCHASE Download Word Document In English. (Rs.40/-) THIS AGREEMENT made and entered into on this the _____ day of ___________, 20___, by and between ____________ (hereinafter “  _________ “) and ________________ (hereinafter “______________ “). NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of all of which is acknowledged, ______________ retains _____________ to manage and operate that certain business known as _____________ (the “Business”) under the terms and conditions set forth below: 1.  Term .  _________________ agrees to retain Patton as the General Manager of the Business for a term commencing on ___________, 20___, and continuing through ______________, 20____ unless extended or terminated in accordance with the terms of this Agreement. 2.          Duties .  shall manage and operate the Business for and on behalf of _______________; provided, however, ____________ shall only be required to devote such time and efforts as she, in sole and absolute discretion, shall deem prudent and necessary. ____________________ shall be solely responsible for the operation of the Business during the term hereof and ____________________ shall not interfere in any way with ______________________’s operation and management of the Business during the term hereof.  The parties specifically agree that __________________ shall have overall responsibility for all personnel actions and shall make all daily management and operating decisions. The direction of all personnel will be done by and through ________________ . 3.          Compensation .  In consideration of all services to be rendered by ____________, ___________ shall pay to the ____________ compensation during the term hereof equal to the Net Income of the Business less the sum of $___________ per month.  For the purposes of this Agreement Net Income shall be deemed to be the gross revenue of the business from all sources less all necessary operating expenses including, without limitation, salaries, wages, employment taxes, insurance, and food; provided, however, no deduction shall be made for income taxes, repairs or a salary or other compensation to _______________ shall be made in calculating Net Income.  Net Income shall be calculated monthly and ________________ shall provide ___________________ with a written summary of her calculation of Net Income within five (5) working days after the last day of the calendar month. __________________ shall maintain all accounting records on a cash basis. Upon request, ________________ shall provide _______________ with reasonable documentation supporting her calculation of Net Income.  All revenue received from the operation of the Business shall be deposited into, and all operating expenses from the operation of the Business shall be paid out of, bank accounts over which ____________________ shall have exclusive control and access. At the same time that ________________ delivers _____________ her summary calculation of Net Income, _______________ shall also deliver to _____________ a check for the sum of One Thousand and no/100 Dollars ($1,000.00). 4.          Repairs.     ___________________ agrees that within fourteen (14) days of the execution of this Agreement he will, at his sole cost and expense, repair or replace those items listed by the state health department as being deficient, including without limitation, replacing ceiling tiles, painting all interior walls and ceilings (if applicable), cleaning carpets and installing floor covering where necessary.  Further, ____________________ agrees that during the term hereof he shall keep the building where the Business is located in good repair. If __________________ shall fail to complete the specific repairs above or other necessary repairs which may arise during the term hereof, ________________ shall be entitled to make such repairs and deduct the cost thereof from the amounts payable to __________________ hereunder. 5.          Termination .  ___________________________ may terminate this Agreement, at will, and in her sole discretion upon seven (7) days written notice to the ____________________.  This Agreement also may be terminated at any time upon the mutual written agreement of the ____________________ and _______________________________. In the event ______________________ dies during the term of this Agreement, this Agreement shall terminate, and ___________________ shall pay to _______________________’s estate the Net Income which would otherwise be payable to _____________________ through the end of the week in which _____________________’s death occurs. 6.          Option to Purchase.  ________________________ hereby grants to ___________________ the option and right to buy all of the assets of the Business, including the real property described in Exhibit A, (hereinafter the “Assets”) on the terms set forth herein: (a)        This option shall remain in effect until _________________, 20___  and shall thereupon expire, unless this option is sooner exercised. (b)        To exercise this option, _________________ must notify ____________ of her intention to purchase the Assets by certified mail within the option period. (c)        Upon exercise of the option, _____________ and _____________ agree that this agreement shall become a contract to purchase on the following terms: (i)         The purchase price shall be ________________ Dollars ($____________ ), and shall be paid in cash or by cashiers check at Closing. (ii)        In connection with the purchase of the Assets, ________________ will not assume any liabilities of ______________. ________________ agrees to indemnify ___________________ with respect to all such nonassumed liabilities, including, without limitation, any liabilities with respect to any environmental claims or employees of ________________, which result from operation of the Business prior to the Closing. _______________ will also agree to indemnity and hold harmless _________________ with respect to any liabilities incurred by ______________ to the extent such liabilities arise out of obligations imposed or claimed to be imposed by operation of law on ______________ as successor to _______________ and the business of ________________. (iii)       Except as provided herein below, all Assets will be transferred “as is”, meaning that they will be transferred in whatever condition they exist at the time of the Closing. (iv)             During the period from the date of this Agreement until the Closing, __________________ and her representative shall have access to all facilities, equipment, buildings, personnel, computers, books and records of ___________________ relating to the Business and to the Real Property, and ________________ shall furnish to __________________ financial and other data and information requested for the completion of ___________________’s investigation of the Business. (v)        The parties’ respective counsel (initially, counsel for ________________________ ) will prepare an appropriate purchase agreement (the “Purchase Agreement”) and other appropriate documents to effectuate the transactions herein contemplated, such documents to be subject to approval by the parties.  The Purchase Agreement will contain: (A) appropriate warranties as to the financial statements of _____________ and the title of the Assets, (B) indemnification provisions in favor of ____________________ against liabilities of _____________________ under claims based on or arising out of actions or events which occurred on or before the Closing, (C) allocation of the purchase price, (D) appropriate provisions concerning the confidentiality of the transaction herein contemplated, (E) other provisions mutually acceptable to the parties. (vi)       Closing shall occur not later than thirty (30) days after exercise of the option, unless extended in writing by mutual agreement of the parties. (vii)      At Closing, ______________ shall provide __________________ with a Certificate of Title regarding the real property from an attorney upon whose certificate ________________ can obtain title insurance should they so desire. Title to all of the Assets shall be conveyed by appropriate warranty deed, warranty bill of sale or other necessary instruments of conveyance with ___________________ conveying good title, free and clear of liens but subject to all existing building restrictions, restrictive covenants, easements, rights-of-way, and mineral reservations of record. _____________________ shall pay the costs of providing the certificate of title, warranty deed, warranty bill of sale or other conveyance documents.  All other closing costs shall be paid by _______________. If ______________ exercise the option but __________________ is unable to convey marketable title at Closing and cannot cure the defects within 30 days, ________________ shall be entitled to recover damages suffered as a result of ________________________’s non-performance. (viii)     Taxes shall be prorated as of the date of Closing. (ix)       ______________________ reserves the right to make the purchase herein contemplated through a subsidiary of ______________________ or to assign its rights and obligations under the Purchase Agreement to such subsidiary. (x)        The parties agree that there are no fees or commissions due any Broker or Finder on account of this proposed transaction. (xi)       Each party agrees that such party will pay the fees and expenses of its accountants, attorneys and others in connection with this Agreement, the transaction herein contemplated and the negotiation of the Purchase Agreement. 7.          Exclusive Negotiating Rights.  In consideration of the expenditures of time, effort and expense by ______________________ in connection management of the Business and her contemplated purchase of the Business, _________________ agrees that between the date of the execution of this Agreement and the later of Termination or Closing he will not enter into or conduct any discussions with any other prospective purchaser of the Business, and that _______________________ will use his best efforts to preserve the Business and to retain the goodwill of his customers, suppliers and others having business relations with him. 8.          Extension.  _________________________ shall have option to extend this Agreement, including the Option to Purchase, for an additional term of six (6) months by giving ______________________ at least fourteen (14) days written notice prior to the expiration of the initial term. 9.          Miscellaneous Provisions.  (a)        The provisions of this Agreement shall be binding upon and enured to the benefit of the heirs, personal representatives, successors and assigns of the parties. (b)        Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be mailed by certified mail, return receipt requested, postage prepaid, addressed to the parties as follows: ______________________ ______________________ ______________________ All notices and communications shall be deemed given at the expiration of three (3) days after the date of mailing.  The address to which notices or other communications shall be mailed shall be changed from time to time by giving written notice to the other party as provided above. (c)        In the event of a default under this Agreement, the defaulted party shall reimburse the non-defaulting party or parties for all costs and expenses reasonably incurred by the non-defaulting party or parties in connection with the default, including without limitation, attorney’s fees.  Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for allcosts and expenses incurred in connection with the suit or action, including without limitation, reasonable attorney’s fees at the trial level and on appeal. (d)       No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. (e)                This Agreement shall be governed by and shall be construed in accordance with the laws of the State of ________________. (f)        This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties. WITNESS OUR SIGNATURES, this the _______ day of _____________, 20___ . ___________________________

  • Patent License Agreement

    Patent License Agreement Download Word Document In English. (Rs.40/-) This License Agreement is made on [AGREEMENT DATE][ (the "Effective Date")] between [PARTY A NAME], [whose principal place of residence is at / a [CORPORATE JURISDICTION] corporation with its principal place of business at [PARTY A ADDRESS]] (the "[PARTY A ABBREVIATION]") and [PARTY B NAME], [whose principal place of residence is at / a [CORPORATE JURISDICTION] corporation with its principal place of business at] [PARTY B ADDRESS]] (the "[PARTY B ABBREVIATION]"). The parties agree as follows (the capitalized terms used in this agreement, in addition to those above, being defined in section [DEFINITIONS]).   Grant of License Exclusive Grant . The Licensor grants to the Licensee an exclusive, non-transferable license to develop and commercialize the Licensed Products, market and sell Licensed Products anywhere in the Licensed Territory, and sub-license the Licensed Patents, in accordance with the terms of this agreement. Licensee's Use of Licensed Patents . The Licensee shall use the Licensed Patents only in accordance with this agreement. Reservation of Rights . Any rights not expressly granted to the Licensee in this agreement are reserved to the Licensor. The Licensee does not acquire any interest other than the rights to the Licensed Patents granted under this agreement. Royalties . In exchange for the [DELIVERABLE], [PARTY B] shall pay [PARTY A] the Royalties Fees, and down payment, according to section [PAYMENT OF ROYALTIES]. Payment of Royalties Fees Down Payment . On the Effective Date, [PARTY B] shall pay [PARTY A] a down payment of $[DOWN PAYMENT AMOUNT]. Fixed Royalty Rate . [PARTY B] shall pay to [PARTY A] the "Royalties Fees" equal to [ROYALTY PERCENTAGE]% of [PARTY B]'s total sales of the [Licensed Goods / Licensed Software / Licensed Method / Assigned Patents] over each [PAYMENT PERIOD] period (each period, an "Accounting Period"),due within [14] Business Days' of the end of the applicable Accounting Period, in immediately available funds, and to the account [PARTY A] lists immediately below:  Account Number: Routing Number: Minimum Royalty Fee . Each Accounting Period, [PARTY B] shall pay [PARTY A] a minimum royalty fee equal to $[MINIMUM ROYALTY FEE AMOUNT], which will be credited against any Royalty Fees due that Accounting Period under paragraph [FIXED ROYALTY RATE]. Accounting . [PARTY B] shall send with each payment to [PARTY A] a certified accounting for the applicable Accounting Period, correctly listing the sales of the [Licensed Goods / Licensed Software / Licensed Method / Assigned Patents] over that Accounting Period. Registration and Maintenance of Intellectual Property Registration and Maintenance Efforts . [PARTY A] shall use reasonable efforts to register and maintain the registration of the Licensed Intellectual Property. Copies of Registration and Documentation . [PARTY A] shall provide [PARTY B] with copies of relevant registrations and other documentation. Confidentiality . [PARTY B] shall to keep confidential all information [PARTY A] provides under this section. Development and Commercialization Development Plan Initial Development Plan . [PARTY B] shall deliver to [PARTY A], no later than [DATE, MONTH], a copy of an initial development plan for the [DELIVERABLE] (the "Development Plan"), to demonstrate [PARTY B]'s capability to commercialize the [Licensed Goods / Licensed Software / Licensed Method], project the timeline for completing the necessary tasks and meeting the milestones listed in section [PAYMENT OF ROYALTIES], and measure [PARTY B]'s progress against the projected timeline. Updated Development Plan . Before [December 1] of each year, [PARTY B] shall deliver to [PARTY A] a written report measuring [PARTY B]'s progress against the Development Plan.   [PARTY B]'s Efforts . [PARTY B] shall use reasonable efforts to develop, commercialize, market, and sell the [Licensed Goods] to meet the objectives of the Development Plan, including meeting the milestones listed in section [PAYMENT OF ROYALTIES] Diligence Resources Expenditures . Each six month period following the Effective Date, [PARTY B] shall expend at least $[DEVELOPMENT AND COMMERCIALIZATION INVESTMENT] to develop and commercialize the [Licensed Goods / Licensed Software / Licensed Method], including,  research and development,  advertising and marketing,  consumer surveys and research,  regulatory expenses, and documenting external consulting payments. Shortfall . If [PARTY B] spends less than the minimum development and commercialization amount specified in paragraph [EXPENDITURES] over any six month period, [PARTY B] shall pay to [PARTY A] the amount [PARTY B] was required to but did not spend, paid on the next Accounting Period. Accumulation . If [PARTY B] spends more than the minimum development and commercialization amount specified in paragraph [EXPENDITURES] over any six month period, the excess amount will be credited towards the minimum development and commercialization for the next six month period. Confidentiality Obligations . The parties shall continue to be bound by the terms of the non-disclosure agreement between the parties, dated [DATE] and attached to this agreement on [ATTACHMENT]. Patent Markings . [PARTY B] shall mark all Licensed Goods and containers of Licensed Goods in accordance with applicable patent marking Laws. Use of Name . Neither party will use the other party's name, logos, trademarks, or other marks without that party's written consent. Export Compliance . [PARTY B] shall be solely responsible for obtaining all licenses, Permits or authorizations as required from time to time by the United States and any other government for any export. Insurance   Insurance Requirement . [PARTY A] shall maintain the insurance necessary to cover its obligations and responsibilities under this agreement, or any amount required by Law, but in no case less than [LIST OF SPECIFIC TYPES AND AMOUNTS OF INSURANCE REQUIRED] Proof of Insurance . At [PARTY B]'s request, [PARTY A] shall provide [PARTY B] with certificates or other acceptable proof of its insurance, describing the coverage of its insurance, and notice of any material change to its insurance.  Additional Insurance . [PARTY B] may require [PARTY A] to obtain a reasonable amount of additional insurance, by providing [PARTY A] with good reason for the additional insurance, and requirements for the additional insurance. Additional Insured [PARTY B] Added to [PARTY A]'s Policy  [PARTY A] shall, within [ADDITIONAL INSURED NOTIFICATION DAYS] Business Days' of the Effective Date, have [PARTY A]'s insurer add [PARTY B] as an additional insured to [PARTY A]'s policy. Certificate of Insurance . [PARTY A] shall have its insurer send a certificate to [PARTY B], proving [PARTY B] has been added to [PARTY A]'s policy, and confirming that the insurer will give [PARTY B] [30] Business Days written notice before any proposed cancelation, modification, or reduction in coverage of [PARTY A]'s policy. No Contribution from [PARTY A] . Any insurance carried by [PARTY B] will not be subject to contribution. Compliance with Laws . Each party shall comply with all Laws [relating to [SUBJECT MATTER OF AGREEMENT]], keep records evidencing its compliance, on the other party's reasonable request, provide these records of compliance to the other party, and notify the other party if it becomes aware of any non-compliance in connection with this section. Representations Mutual Representations Existence . The parties are corporations incorporated and existing under the laws of the jurisdictions of their respective incorporation. Authority and Capacity . The parties have the authority and capacity to enter into this agreement. Execution and Delivery . The parties have duly executed and delivered this agreement. Enforceability . This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms. No Conflicts . Neither party is under any restriction or obligation that the party could reasonably expect might affect the party's performance of its obligations under this agreement. No Breach . Neither party’s execution, delivery, or performance of its obligations under this agreement will breach or result in a default under its articles, bylaws, or any unanimous shareholders agreement, any Law to which it is subject, any judgment, Order, or decree of any Governmental Authority to which it is subject, or any agreement to which it is a party or by which it is bound. Permits, Consents, and Other Authorization s. Each party holds all Permits and other authorizations necessary to own, lease, and operate its properties, and conduct its business as it is now carried on. No Disputes or Proceedings . [Except as disclosed in the parties respective Disclosure Schedules] There are no Legal Proceedings pending, threatened, or foreseeable against either party, which would affect that party’s ability to complete its obligations under this agreement. No Bankruptcy . Neither party has taken or authorized any proceedings related to that party’s bankruptcy, insolvency, liquidation, dissolution, or winding up. [PARTY A]'s Representations IP Disclosure Schedule . [PARTY A]'s Disclosure Schedule lists all of the [Licensed Goods / Licensed Software / Licensed Method], and  any exceptions to its representations. Ownership . [Except as disclosed in [PARTY A]'s Disclosure Schedule] [PARTY A] has the exclusive right to grant the [DELIVERABLE],has the exclusive right to use and grant rights to use the [Licensed Goods / Licensed Software / Licensed Method] [ in the Licensed Territory], is the sole owner of the exclusive rights and all interest in the [Licensed Goods / Licensed Software / Licensed Method], free of claims by any third party, and holds the [Licensed Goods / Licensed Software / Licensed Method] free of any other Encumbrances. Registration Necessary Rights and Privileges . [PARTY A] possesses all necessary rights and privileges to cause the [Licensed Goods / Licensed Software / Licensed Method] to be  registered in, filed in, or issued by the United States Patent and Trademark Office, United States Copyright Office, or the corresponding offices of other jurisdictions and countries. No Adverse Facts or Circumstances . To [PARTY A]'s Knowledge, there are no facts or circumstances which would prevent its registration, filing, or issuance described in paragraph [NECESSARY RIGHTS AND PRIVILEGES] above. Status of Licensed Intellectual Property . [PARTY A] has  properly maintained the [Licensed Goods / Licensed Software / Licensed Method], and paid all applicable maintenance and renewal fees. No Prior Grant or Transfer . [PARTY A] has not granted and is not obligated to grant any license to any third party that would conflict with the [DELIVERABLE] under this agreementassigned or exclusively licensed, and is not obligated to assign or exclusively license, any of the [Licensed Goods / Licensed Software / Licensed Method] to any third party that would conflict with the [DELIVERABLE] under this agreement. No Infringement . The [Licensed Goods / Licensed Software / Licensed Method] does not infringe the Intellectual Property rights or other rights of any third party. No Third Party infringement . [Except as disclosed in [PARTY A]'s Disclosure Schedule] To [PARTY A]'s Knowledge, no third party is infringing the [Licensed Goods / Licensed Software / Licensed Method]. Not in Public Domain . The [Licensed Goods / Licensed Software / Licensed Method] is not in the public domain. [PARTY B]'s Representations Reasonable Efforts . [PARTY B] shall use reasonable efforts to commercialize the [Licensed Goods / Licensed Software / Licensed Method], including meeting any commercialization milestones outlined in this agreement. No Warranty "As-Is" . The Software is provided "as is," with all faults, defects, bugs, and errors. No Warranty . Unless otherwise listed in this agreement, [PARTY A] does not make any warranty regarding the Software, and   [PARTY A] disclaims to the extent authorized by law any and all other warranties, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose. Term Initial Term . The initial term of this agreement begins on [the Effective Date] and will continue for [TERM YEARS] years, unless terminated earlier (the "Initial Term"). Renewal Term by Notice . [PARTY B] may renew this agreement for successive renewal terms of [RENEWAL YEARS] length ("Renewal Terms"), unless terminated earlier, by giving [PARTY A] notice of the intent to renew this agreement, at least [RENEWAL NOTICE DAYS] Business Days before the end of the Current Term. Term Definition . "Term" means either the Initial Term or the then-current Renewal Term. Termination by [PARTY B] Termination on Notice . [PARTY B] may terminate this agreement for any reason on [TERMINATION NOTICE] Business Days’ notice to [PARTY A]. Termination for Material Breach . [PARTY B] may terminate this agreement with immediate effect by delivering notice of the termination to [PARTY A], if [PARTY A] fails to perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations, andthe failure, inaccuracy, or breach continues for a period of [BREACH CONTINUATION DAYS] Business Days' after [PARTY B] delivers notice to [PARTY A] reasonably detailing the breach. Termination for Insolvency . If [PARTY A] becomes insolvent, bankrupt, or enters receivership, dissolution, or liquidation, [PARTY B] may terminate this agreement with immediate effect. Termination by [PARTY A] Termination on Notice . [PARTY A] may terminate this agreement for any reason on [TERMINATION NOTICE] Business Days’ notice to [PARTY B]. Termination for Material Breach . [PARTY A] may terminate this agreement with immediate effect by delivering notice of the termination to [PARTY B], if [PARTY B] fails to perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations, including if [PARTY B]fails to adequately develop and commercialize the [Licensed Goods / Licensed Software / Licensed Methods] under section [DEVELOPMENT AND COMMERCIALIZATION], uses [Licensed Goods / Licensed Software / Licensed Methods] in any way that violates this agreement, including any of [PARTY A]'s plans or policies under this agreement, or otherwise exceeds the rights granted under the [DELIVERABLE], and the failure, inaccuracy, or breach continues for a period of [BREACH CONTINUATION DAYS] Business Days' after [PARTY A] delivers notice to [PARTY B] reasonably detailing the breach. Termination for Insolvency . If [PARTY B] becomes insolvent, bankrupt, or enters receivership, dissolution, or liquidation, [PARTY A] may terminate this agreement with immediate effect. Infringement and Litigation Notice.  [PARTY B] shall promptly inform [PARTY A] of any suspected infringement of the [DELIVERABLE] or [Licensed Good / Licensed Software / Licensed Method] by a third party. [PARTY B] Prosecution of Infringement.  [PARTY B] shall have the first right to sue any infringer of the [DELIVERABLE] or [Licensed Good / Licensed Software / Licensed Method] at its own expense in the name of [PARTY A]. [PARTY A] Rights to Prosecution.  If [PARTY B] fails to sue an infringer within a reasonable time, [PARTY A] may file and maintain, at its own expense, an infringement suit.  Cooperation.  On [PARTY B]'s reasonable request, [PARTY A] shall join and cooperate with [PARTY B] in an infringement suit brought by [PARTY B]. Recovery of Damages [PARTY B] Bears Expenses . [PARTY B] shall bear all costs of an infringement action commenced by [PARTY B] shall be borne by [PARTY B]. Damages Treated as Sales . [PARTY B] shall retain any such recovery or damages from such an action and such recovery or damages shall be treated as sales of the [DELIVERABLE] or [Licensed Good / Licensed Software / Licensed Method]. Indemnification Indemnification by [PARTY A] . [PARTY A] (as an indemnifying party) shall indemnify [PARTY B] (as an indemnified party) against all losses and expenses arising out of any proceeding brought by either a third party or [PARTY B], and arising out of [PARTY A]'s breach of its obligations, representations, warranties, or covenants under this agreement, or  arising out of [PARTY B]'s proper  exercise of its rights to the [Licensed Goods / Licensed Software / Licensed Methods] under the [DELIVERABLE] and this agreement. Indemnification by [PARTY B] . [PARTY B] (as an indemnifying party) shall indemnify  [PARTY A]  (as an indemnified party) against all losses and expenses arising out of any proceedingbrought by either a third party or [PARTY A], and arising out of [PARTY B]'s breach of its obligations, representations, warranties, or covenants under this agreement, or arising out of [PARTY B]'s unauthorized exercise of the rights to the [Licensed Goods / Licensed Software / Licensed Methods] in breach of the [DELIVERABLE] or this agreement. Mutual Indemnification . Each party (as an indemnifying party) shall indemnify the other (as an indemnified party) against all losses arising out of any proceeding brought by either a third party or an indemnified party, and arising out of the indemnifying party's willful misconduct or gross negligence. Notice and Failure to Notify .  Notice Requirement . Before bringing a claim for indemnification, an indemnified party shall promptly notify the indemnifying party of the indemnifiable proceeding, and deliver to the indemnifying party all legal pleadings and documents necessary to defend the indemnifiable proceeding. Failure to Notify . If the indemnified party fails to notify indemnifying party of the indemnifiable proceeding, indemnifying party will be relieved of its indemnification obligations to the extent it was prejudiced by indemnified party's failure. Exclusive Remedy . The parties' right to indemnification is the exclusive remedy available in connection with the indemnifiable proceedings. Limitation on Liability Mutual Limitation on Liability . Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement. Maximum Liability . [PARTY A]'s liability under this agreement will not exceed $[MAXIMUM LIABILITY]. Definitions   "Action" means any legal or administrative claim, suit, action, complaint, charge, grievance, arbitration, audit, investigation, inquiry, or other proceeding. "Affiliates" means, as to any specified entity, any other entity that, directly or indirectly through one or more intermediaries or otherwise, controls, is controlled by or is under common control with the specified entity. For purposes of this definition, "control" of an entity means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such entity, whether by contract or otherwise. "Disclosure Schedule" means the schedules delivered, before the execution of this agreement, by each party to the other party which list, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision of this agreement or as an exception to one or more of the representations or warranties made by the party, or to one or more of the covenants of the party. The inclusion of an item in a Disclosure Schedule as an exception to a representation or warranty will not by itself be deemed an admission by a party that such item is material or that such item is reasonably likely to result in a Material Adverse Effect with respect to such party or was required to be disclosed therein. "Encumbrances" means any pledges, liens, charges, security interests, leases, title retention agreements, mortgages, restrictions, developments or similar agreements, easements, rights-of-way, title defects, options or adverse claims or encumbrances of any kind or character whatsoever. "Governmental Authority" means (a) any federal, state, local or foreign government, and any political subdivision of any of them, (b) any agency or instrumentality of any such government or political subdivision, (c) any self-regulated organization or other non-governmental regulatory authority or quasi-governmental authority (to the extent that its rules, regulations or orders have the force of Law), or ( d) any arbitrator, court or tribunal of competent jurisdiction. "Intellectual Property" means any and all of the following in any jurisdiction throughout the world (a) trademarks and service marks, including all applications and registrations, and the goodwill connected with the use of and symbolized by the foregoing, (b) copyrights, including all applications and registrations related to the foregoing, (c) trade secrets and confidential know-how, (d) patents and patent applications, (e) websites and internet domain name registrations, and (f) other intellectual property and related proprietary rights, interests and protections (including all rights to sue and recover and retain damages, costs and attorneys' fees for past, present, and future infringement, and any other rights relating to any of the foregoing).  "Law" means (a) any law (including the common law), statute, bylaw, rule, regulation, order, ordinance, treaty, decree, judgment, and (b) any official directive, protocol, code, guideline, notice, approval, order, policy, or other requirement of any Governmental Authority having the force of law. "Legal Proceeding" means any claim, investigation, hearing, legal action, or other legal, administrative, arbitral, or similar proceeding, whether civil or criminal (including any appeal or review of any of the foregoing). "[License Grant /DELIVERABLE]" is defined in section [LICENSE]. "[Licensed Goods / Licensed Software / Licensed Method]" is defined in section [LICENSE]. "Licensed Intellectual Property" is defined in section [LICENSE]. "Licensed Territory" is defined in section [LICENSE]. "Order" means any decision, order, judgment, award or similar order of any court of competent jurisdiction, arbitration panel, or Governmental Authority having jurisdiction over the subject matter, whether preliminary or final. "Permits" means all material licenses, franchises, permits, certificates, approvals and authorizations, from Governmental Authorities necessary for the ownership and operation of its portion of the Business. "Representatives" includes the party's directors, officers, employees, accountants, counsel, investment bankers and consultants. "Taxes" includes all taxes, assessments, charges, duties, fees, levies and other charges of a governmental entity, including income, franchise, capital stock, real property, personal property, tangible, withholding, employment, payroll, social security, social contribution, unemployment compensation, disability, transfer, sales, use, excise, gross receipts, value-added and all other taxes of any kind for which a party may have any liability imposed by any governmental entity, whether disputed or not, any related charges, interest or penalties imposed by any governmental entity, and any liability for any other person as a transferee or successor by Law, contract or otherwise. "Term" is defined in the [TERM] clause. General Provisions Entire Agreement . The parties intend that this agreement, together with all attachments, schedules, exhibits, and other documents that both are referenced in this agreement and refer to this agreement, represent the final expression of the parties' intent relating to the subject matter of this agreement, contain all the terms the parties agreed to relating to the subject matter, and replace all of the parties' previous discussions, understandings, and agreements relating to the subject matter of this agreement. Counterparts Signed in Counterparts . This agreement may be signed in any number of counterparts. All Counterparts Original . Each counterpart is an original. Counterparts Form One Document . Together, all counterparts form one single document. Amendment .   This agreement can be amended only by a writing signed by both parties. Interpretation References to Specific Terms Accounting Principles . Unless otherwise specified, where the character or amount of any asset or liability, item of revenue, or expense is required to be determined, or any consolidation or other accounting computation is required to be made, that determination or calculation will be made in accordance with the generally accepted accounting principles defined by the professional accounting industry in effect in the United States ("GAAP"). Currency . Unless otherwise specified, all dollar amounts expressed in this agreement refer to American currency. " Including ." Where this agreement uses the word "including," it means "including without limitation," and where it uses the word "includes," it means "includes without limitation." " Knowledge ." Where any representation, warranty, or other statement in this agreement, or in any other document entered into or delivered under this agreement,] is expressed by a party to be "to its knowledge," or is otherwise expressed to be limited in scope to facts or matters known to the party or of which the party is aware, it means: the then-current, actual knowledge of the directors and officers of that party, and the knowledge that would or should have come to the attention of any of them had they investigated the facts related to that statement and made reasonable inquiries of other individuals reasonably likely to have knowledge of facts related to that statement. Statutes, etc . Unless specified otherwise, any reference in this agreement to a statute includes the rules, regulations, and policies made under that statute and any provision that amends, supplements, supersedes, or replaces that statute or those rules or policies. Number and Gender . Unless the context requires otherwise, words importing the singular number include the plural and vice versa; words importing gender include all genders. Headings . The headings used in this agreement and its division into sections, schedules, exhibits, appendices, and other subdivisions do not affect its interpretation. Internal References . References in this agreement to sections and other subdivisions are to those parts of this agreement. Calculation of Time . In this agreement, a period of days begins on the first day after the event that began the period and ends at 5:00 p.m. [TIME ZONE] Time on the last day of the period. If any period of time is to expire, or any action or event is to occur, on a day that is not a Business Day, the period expires, or the action or event is considered to occur, at 5:00 p.m. [TIME ZONE] Time on the next Business Day. Construction of Terms . The parties have each participated in settling the terms of this agreement. Any rule of legal interpretation to the effect that any ambiguity is to be resolved against the drafting party will not apply in interpreting this agreement. Conflict of Terms . If there is any inconsistency between the terms of this agreement and those in any schedule to this agreement or in any document entered into under this agreement, the terms of [this agreement/[SPECIFIED AGREEMENTS]] will prevail. The parties shall take all necessary steps to conform the inconsistent terms to the terms of [this agreement / [SPECIFIED AGREEMENTS]. Binding Effect . This [agreement /plan] will benefit and bind the parties and their respective heirs, successors, and permitted assigns. No Third-Party Beneficiaries . Unless explicitly stated otherwise elsewhere in this agreement, no Person other than the parties themselves has any rights or remedies under this agreement. Assignment . Neither party may assign this agreement or any of their rights or obligations under this agreement without the other party's written consent. Notices Method of Notice . The parties shall give all notices and communications between the parties in writing by (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class registered or certified mail, postage prepaid[, (iv) fax][, or (v) electronic mail] to the party's address specified in this agreement, or to the address that a party has notified to be that party's address for the purposes of this section. Receipt of Notice . A notice given under this agreement will be effective on the other party's receipt of it, or if mailed, the earlier of the other party's receipt of it and the [fifth] business day after mailing it.  Dispute Resolution Arbitration . Any dispute or controversy arising out of this agreement and [SUBJECT MATTER OF THE AGREEMENT] will be settled by arbitration in [STATE], according to the rules of the American Arbitration Association then in effect, and by [NUMBER OF ARBITRATORS] arbitrators[s]. Judgment . Judgment may be entered on the arbitrator's award in any court having jurisdiction. Arbitrator's Authority . The arbitrator will not have the power to award any punitive [or consequential] damages. Survival .   The parties' obligations under sections [CONFIDENTIALITY OBLIGATIONS], [NON-COMPETITION OBLIGATION], and [EFFECT OF TERMINATION] will survive the [TERMINATION, EXPIRATION, CLOSING DATE] of this agreement. Governing Law and Consent to Jurisdiction and Venue Governing Law . This agreement, and any dispute arising out of the [SUBJECT MATTER OF THE AGREEMENT], shall be governed by the laws of the State of [GOVERNING LAW STATE]. Consent to Jurisdiction . Each party hereby irrevocably consents to the [exclusive, non-exclusive] jurisdiction and venue of any [state or federal] court located within [VENUE COUNTY] County, State of [VENUE STATE], in connection with any matter arising out of this [agreement / plan] or the transactions contemplated under this [agreement / plan]. Consent to Service . Each party hereby irrevocably agrees that process may be served on it in any manner authorized by the Laws of the State of [GOVERNING LAW STATE], and  waives any objection which it might otherwise have to service of process under the Laws of the State of [GOVERNING LAW STATE]. Waiver Affirmative Waivers . Neither party's failure or neglect to enforce any rights under this agreement will be deemed to be a waiver of that party's rights. Written Waivers . A waiver or extension is only effective if it is in writing and signed by the party granting it. No General Waivers . A party's failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that or any other of its rights. No Course of Dealing . No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. Severability . If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable. Force Majeure . Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations. This agreement has been signed by the parties. [PARTY A NAME] Name: [PARTY A SIGNATORY NAME] Title: [PARTY A SIGNATORY TITLE] [PARTY B NAME] Name: [PARTY B SIGNATORY NAME] Title: [PARTY B SIGNATORY TITLE]

  • Commercial Pledge Equipment and Machinery

    COMMERCIAL PLEDGE This Commercial Pledge (the “Agreement”) is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Lender"), company organised and existing under the laws of the [State/Province] of [Country], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the "Borrower"), a company organised and existing under the laws of the [State/Province] of [Country], with its head office located at: [COMPLETE ADDRESS] THE PARTIES HERETO HAVE AGREED AS FOLLOWS: 1. LOAN Subject to and in accordance with all the terms and conditions of that certain credit agreement entered into between the Lender and the Borrower bearing formal date of [DATE] as same may be amended and supplemented at any time and from time to time (the “Credit Agreement”), the Lender offered to lend to the Borrower, and the Borrower accepted to borrow from the Lender, an amount equal to the sum of [AMOUNT IN LETTERS] (R[AMOUNT]) (the “Loan”), with interest thereon at the rate stipulated therein. 2. SECURITY As security for the performance by the Borrower of all its obligations, present and future, direct and indirect, absolute and contingent, toward the Lender hereunder and under the Credit Agreement and the Security Documents (as defined in the Credit Agreement), including, without limiting the generality of the foregoing, the obligation to repay in principal, interest, fees and accessories, all monies presently owing and due and hereafter to become owing and due to the Lender by the Borrower under the Credit Agreement, the Borrower, in accordance with the provisions of the laws of [COUNTRY], hereby charges and pledges as and by way of a commercial pledge, in favour of the Lender, the following equipment and machinery, to wit: [DESCRIBE EQUIPMENT/MACHINERY] (the “Property”) 3. PROPERTY The location of the property of a fixed nature, which is pledged herein, is at the location of the Borrower situated at [FULL ADDRESS]; 4. PLEDGE LOCATION The establishment in the [State/Province] of [COUNTRY] where are controlled and recorded the movements of the assets pledged herein and which are not of a fixed nature, is located at [FULL ADDRESS]; 5. CHANGE OF LOCATION OR ESTABLISHMENT If the said location or establishment is changed, the Borrower shall immediately inform the Lender thereof in writing. If the said location or establishment is changed for another outside the registration division in which the location or establishment, as the case may be, is located, the Borrower shall immediately furnish the Lender, to its entire satisfaction, evidence of renewal of the deed registration at the office of the new registration division. 6. PROPERTY PLEDGED The Lender hereby declares and guarantees that the property pledged has been paid in full and belongs to it in sole and absolute ownership, free and clear of all liens, privileges and charges whatsoever except for Permitted Encumbrances, as that term is defined in the Credit Agreement. 7. NO LIEN The Borrower shall maintain the property pledged in good condition and repair and free and clear of all liens, charges and privileges whatsoever, except for Permitted Encumbrances; the Borrower shall grant the Lender access at all times to the said property for the purpose of inspecting same. 8. PREMISES If any property pledged is located in leased premises or is at any time placed in leased premises, the Borrower shall immediately notify the lessor in writing of the said pledge and shall provide the Lender with proof of such notification to its entire satisfaction. 9. ADDITIONAL SECURITY As additional security, the Borrower binds and obliges itself to insure the property pledged against loss by fire and other risks, to the satisfaction of the Lender, at least to the extent of the full replacement cost thereof without depreciation, with an insurance company approved by the Lender, to transfer to the latter all insurance policies, to maintain same in force until full payment of the said Loan and to deliver to the Lender, at least [NUMBER] days prior to the expiration of a policy, the receipts evidencing the renewal thereof. In the event of failure by the Borrower to fulfil any of its obligations hereinabove mentioned, the Lender, without prejudice to any of its other recourses, may, at the Borrower’s expense, take out any new insurance policies and claim immediate repayment of the premiums thereof, at the lower rate of interest mentioned in the Credit Agreement on the remaining advances guaranteed by the present deed. The proceeds of any insurance shall be paid directly to the Lender to the extent of the amount of its claim, and, for this purpose, the Borrower hereby declares that it transfers same to the Lender as of the date hereof. 10. LEGAL FEES The Borrower shall pay all legal fees with respect to these presents and all registration expenses, including the renewal of such registration when necessary. 11. INSURANCE PREMIUMS OR COSTS The Borrower shall pay to the Lender, on demand, all sums expended by the latter for the payment of insurance premiums and any other costs in connection with the Loan or to preserve the security or for the fulfilment of any obligation of the Borrower hereunder, with interest on all such sums at the lower rate of interest mentioned in the Credit Agreement on the remaining advances guaranteed by the present deed from the date of payment thereof by the Lender, the whole without prejudice to the other rights of the Lender. 12. OBLIGATIONS Failure to fulfil any of the obligations stipulated herein within the period of time afforded to the Borrower shall constitute a default on the part of the Borrower, without the necessity of any notice. 13. CONSTITUTED SECURITY The security hereby constituted shall become enforceable in each of the instances mentioned below, namely, should the Borrower: 13.1 commit an “Event of Default” as that term is defined in the Credit Agreement; 13.2 allow the security hereinbefore mentioned to diminish; fail to maintain the property pledged in good condition, or change its destination without the consent of the Lender, or move it without having first notified the Lender thereof; or transfer the ownership thereof by deed inter fvivos, either for valuable consideration or gratuitously; 13.3 fail to pay the fees with respect to the present deed and the registration thereof or the renewal thereof; 13.4 refuse to allow the Lender to examine the said property, from time to time, to ascertain its condition; 13.5 fail or refuse to fulfil or execute any other obligations, clauses or conditions stipulated in the present deed. 14. DEFAULT In the event that any one or more of the events of default above mentioned shall have occurred, the Lender, without notice or delay: 14.1 shall be entitled to demand without notice and without prejudice to any other recourses, repayment of the Loan, accrued interest, interest on interest, costs and expenses incurred in protecting its claim, in addition to a fixed amount of [%] of the original amount of the Loan; 14.2 shall have the right, without prejudice to any other rights and recourses which it may have, to require the Borrower to deliver on demand the property pledged so that the Lender may sell it at auction, and after notice, in the manner provided by the laws of the [State/Province] of [COUNTRY], and the Lender shall have the right to payment by preference out of the proceeds of sale, of the entire amount of the Loan then outstanding in principal, interest and accessories and all other sums the repayment of which is secured by this Deed of Commercial Pledge, including the costs relating to the repossession and the sale.   IN WITNESS WHEREOF, each party to this agreement has caused it to be executed at [PLACE OF EXECUTION] on the date indicated above. THE LENDER   THE BORROWER  Authorised Signature Authorised Signature ____________________________________ ____________________________________ Print Name and Title Print Name and Title Download Word Document In English. (Rs.60/-)

  • Order for Transmission of Summons for Service in the Jurisdiction of another Court

    Order for Transmission of Summons for Service in the Jurisdiction of another Court (O.5, R.21.) (Title) WHEREAS it is stated that ..............defendant/witness in the above suit is at present residing in .............. It is ordered that a summons returnable on the .............day of 19 ............., be forwarded to the Court of for service on the said .........................defendant/witness with a duplicate of this proceeding. The court-fee of .................chargeable in respect to the summons has been realized in this Court in stamps. Dated............ 19......... Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

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