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  • ADVERTISING AND MARKETING AGREEMENT

    ADVERTISING AND MARKETING AGREEMENT Download Word Document In English. (Rs.40/-) This Advertising and Marketing Agreement (known hereinafter as the “Agreement”),  is created in accordance with the  [LAW/ACT] of [STATE/PROVINCE]  and is made effective this [N] th of [MONTH] , [YEAR]  between the following “Parties”:   [AGENT’S NAME]  (known hereinafter as the “Agent”), an individual whose main residence is located at [STREET ADDRESS] , [CITY, STATE/PROVINCE]   [ZIP CODE] ; AND [COMPANY’S NAME]  (known hereinafter as the “Company”), is a company legally existing under the [LAW/ACT]  of [STATE/PROVINCE]  with main office located at [STREET ADDRESS] , [CITY, STATE/PROVINCE]   [ZIP CODE] . TERMS AND CONDITIONS The Agent and the Company acknowledge and agree to strictly abide by the following terms and conditions set forth in this Agreement: 1. DEFINITION OF TERMS The following are the terms and their corresponding definitions which will be used throughout this Agreement: [SPECIFY TERMS AND THEIR DEFINITIONS HERE] 2. THE RELATIONSHIP  The Company acknowledges and agrees the Agent to be: An independent contractor; and Fully liable and capable of providing full and just compensation for [HIS/HER] employment, insurance, and taxes.  3. THE AGENCY  The Company will assign the Agent as its exclusive agent in accordance with the terms and conditions of this Agreement and shall be obliged to execute the following: Selection of advertisements for the Company; Placements of advertisements for the Company; and Serve as the Company’s official consultant for purposes related to marketing and advertising. 4. THE AGENCY’S OBLIGATIONS TO THE COMPANY The Agent will commit to the successful execution of the following obligations for the Company: The creation, selection, and/or recommendation of the most efficient and effective marketing and advertising strategies for the Company. The terms “Advertising” will include, but will not be limited to the following form of promotions: newspapers ads, television ads, magazine ads, radio ads, product endorsements, videos, and [SPECIFY OTHER ADVERTISEMENT TYPES HERE] ; and  Providing assistance and advice for any and all negotiations and arrangements entered into by the Company that are focused on advertising and marketing. With the exception of the Agent’s receipt of a written consent from the [SPECIFY COMPANY REPRESENTATIVE HERE]  of the Company, the Agent will not be granted any authority to legally bind the Company to any form of advertising arrangement or marketing arrangement. 5. COMPENSATION FOR THE AGENT The Company will be held liable and responsible for providing full and just compensation for the Agent, which will be provided in the form of [NUMBER]  equal sums, each amounting to $ [AMOUNT] to be paid on a [SPECIFY HERE] basis. 6. EXPENDITURES The Company will be reimbursed for the expenditures as follows and will also serve as a form of compensation for the Agent: [SPECIFY EXPENDITURES HERE] 7. EXCLUSIONS Any and all currently existing arrangements regarding advertising and marketing are excluded from this Agreement. 8. AMENDMENTS AND REVISIONS Any and all amendments and revisions that will be made to this Agreement will be put into effect only upon the presentation of a written consent mutually agreed upon and signed by both the Agent and the Company. None of the waivers made pertaining to this Agreement will be interpreted or translated as a current waiver. 9. UNENFORCEABLE PROVISIONS Should one or more of the provisions contained within this Agreement be found to be either illegal or unenforceable for any valid reason, then that illegal or unenforceable provision will not affect the remaining provisions in terms of their legitimacy and their enforceability in accordance with this Agreement. 10. ATTORNEY’S FEES Each party shall individually bear the fees of their respective Advocate/Counsel for the proceedings. 11. ADDITIONAL WARRANTIES AND COVENANTS Both the Agent and the Company warrant and covenant that they will, to the best of their abilities and efforts, execute any and all required provisions contained within this Agreement in order to reinforce this Agreement’s purpose and/or actions. [SPECIFY ADDITIONAL WARRANTIES AND COVENANTS HERE] 12. NOTICES Any and all information in connection with this Agreement that is required to be in writing will be written in either of the following formats, whichever is applicable. Any and all notices will abide by the following format on the envelope: ATTENTION [RECEIVING PARTY’S NAME] FROM: [SENDER’S NAME] [STREET ADDRESS]   [CITY, STATE/PROVINCE]   [ZIP CODE]         [CONTACT NUMBER] [EMAIL ADDRESS]    Any and all notices will be delivered to either in person or via direct mail and should be received by the receiving party no less than [NUMBER]  days prior to the date of effectivity declared on the written notice. Should either one of the Parties desire to change its mailing address, it is the responsibility of that Party to inform the other Party in writing no less than [NUMBER]  days in advance. 13. CONFIDENTIALITY       Any and all information pertaining to this Agreement or will be a result of this Agreement is considered as Confidential Information. It will include, but will not be restricted to, the following information: [SPECIFY CONFIDENTIAL INFORMATION HERE] 14. [SPECIFY ADDITIONAL SECTIONS OF THE AGREEMENT HERE] 15. TERM PERIOD    This Agreement’s term will take effect on the [NTH] day of [MONTH] ,  [YEAR]  ( which will also be known as the “Initiation Date” of the Agreement) and will terminate on the [NTH]  day of [MONTH] , [YEAR]  ( which will also be known as the “Termination Date” of the Agreement). 16. RENEWAL This Agreement will be eligible for up to one year renewal with the exception that either the Agent or the Company creates and sends to the other party a notice in writing no less than [NUMBER]  days before the date of termination for any one year arrangement which represents their intention to not execute any form of renewal for the Agreement. 17. VIOLATIONS       All  Parties involved and legally bounded to this Agreement acknowledge and agree that the following actions, whether deliberately or unintentionally executed, will be considered as a violation of the terms and conditions set forth by this Agreement: [SPECIFY VIOLATIONS HERE] 18. PENALTIES AND SANCTIONS       All parties involved and legally bounded to this Agreement acknowledge and agree that should any of the Parties be found guilty of committing one or more of the violations mentioned above, then guilty party or parties will be subjected to the following penalties and sanctions: [SPECIFY PENALTIES AND SANCTIONS HERE] 19. TERMINATION       With the exception of the Termination Date, the following conditions will serve as grounds for termination of this Agreement. [SPECIFY GROUNDS FOR TERMINATION HERE] . 20. 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. 21. ENUREMENT This Exchange of Shares Agreement will legally bind and enure to the benefit of both the Shareholder and the Company, as well as any and all of their duly appointed assignees, heirs, successors, and representatives. 22. THE ENTIRE AGREEMENT This Agreement’s term will take effect on the  [NTH]  day of [MONTH] , [YEAR]  ( which will also be known as the “Initiation Date” of the Agreement) and will terminate on the [NTH]  day of [MONTH] , [YEAR]  ( which will also be known as the “Termination Date” of the Agreement).     IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this [N] th of [MONTH] , [YEAR] . Agent: Company: [AUTHORIZED SIGNATURE]     [AUTHORIZED SIGNATURE]     [AGENT’S NAME]               [COMPANY’S NAME]

  • NOC for tourist vissa

    (From) Name of the Employer, Full Address of your company (Today’s date) (To) Full Address of the Embassy/Consulate Subject: No Objection Certificate for (Employee’s Name) Dear Sir/Madam, This letter is to confirm that Mr. /Mrs. _________ is an employee with our company since _____ on a full-time basis. He is currently working as a ________(designation) at ________(company name) and his annual salary is USD _____ P.A. Mr. /Mrs. ______ has expressed his/her interest in visiting _______(name of the country you’re visiting) for leisure and tourism purpose. Our company has no objection regarding his visit to ______(name of the country) for _____ days. I’d also like to let you know that his/her leaves have been approved from ______ (leave starting date) to _______(leave ending date) for this overseas trip. We’re expecting Mr./Mrs._______ to report for work on _____ (date) on the expiry of his approved leave. If your office requires any further details for enquiry, please feel free to contact us. Yours sincerely, (Undersigned, with round seal of the office/department along with stamp) Name of the employer: Designation:                                                                             Company Name: (From) Name of the Employer, Full Address of your company (Today’s date) (To) Full Address of the Embassy/Consulate Subject: No Objection Certificate for (Employee’s Name) Dear Sir/Madam, This letter is to formally introduce Mr./Mrs._______, who holds the position of ______ (designation) with ___________(name of the company), is visiting ________(city and country) on ______ (date). We do not have any objection regarding his overseas business visit. During his stay in ______(country), Mr. /Mrs. ___________ will be attending certain business meetings with _________ (name of client) as a representative of our company. Since the meetings are strictly related to sales, it would not involve any kind of technical training or assistance. The stay in _______ (country) would not exceed the legally permitted period, and Mr._______ does not have any intentions of immigrating to ______(country). Furthermore, the company is completely taking responsibility of all the expenses during his stay in _______(country), including the flight tickets from ______(home country) to _____(visiting country) and back. Your assistance in granting him a visa would be greatly appreciated. Yours sincerely, (Undersigned, with round seal of the office/department along with stamp) Name of the employer: Designation:                                                                                Company Name: Download Word Document In English. (Rs.20/-)

  • IT AGREEMENT

    IT AGREEMENT Download Word Document In English. (Rs.35/-) This IT AGREEMENT, herein referred to as the “Agreement,” is made and entered into on the [NTH] day of [MONTH], [YEAR], by and between: 1. Parties This IT [Scope of Service] Agreement (“Agreement”) made on [Date Created], is created between [Your Company Name] with its principal place of business at [Your Company Address] (“Company”), and [Your Client Company Name] with its principal place of business at [Your Client Company Address] (“Client”). The Company and the Client are each referred to as a “Party” and, collectively, as the "Parties" and agree as follows: 2. Services and Payment [Your Company Name], hereinafter “Company”,has entered into this agreement with [Your Client Company Name], hereinafter “Client”, wherein the Companyshall provide information technology (IT) consultancy services for the Client. Both Parties also hereby agree that the Client shall compensate the Company in accordance with the terms and conditions specified hereunder. [Service Details][Payment Terms] 2.1 Service Details Outlined below are the IT consulting services, hereinafter “Services”, to be provided by the Company to the Client. 2.1.1 Meet with the Client and discuss current issues, risks, and specific goals related to the Client’s existing IT frameworks and methodologies. 2.1.2 Provide advice and insights on the current trends within the IT industry that shall be useful to the Client in improving its business. 2.1.3 Aid in the upgrade, migration, and scalability of the Client’s IT systems. 2.1.4 Develop disaster recovery strategies for the Client. 2.1.5 Prepare and install technologies and programs necessary for the performance of Services. 2.1.6 Ensure that any technology or software given to the Client is of high quality and fully functional.  2.1.7 Submit regular progress reports and evaluations to update the Client continuously on the results and effectiveness of the proposed solutions or strategies. 2.1.8 Deliver maintenance and support services. 2.2 Payment Terms 2.2.1 The Client must pay the Company 20% of the total amount due for the Services within at least thirty (30) days before the scheduled commencement date. 2.2.2 Within fifteen (15) days upon receipt, the Client shall make invoice payments to the Company for all services rendered satisfactorily. 2.2.3 It shall be the responsibility of the Client to pay any licensing fees or other applicable charges related to any software or technology necessary for the satisfactory performance of Services. 3. Ownership; Rights; Confidential Information 3.1 Ownership and Rights 3.1.1 The Company hereby assigns to the Client all rights, titles, and interests in and to the results and deliverables arising out of or in relation to the Services. The Company further agrees that it shall not have any rights to such copyrightable works and shall not use them in any manner whatsoever without prior consent or approval from the Client. 3.1.2 Both Parties agree and acknowledge that all software and technologies used for the satisfactory performance and completion of Services are owned by their individual companies and may be licensed to the other Party for purposes and obligations set forth herein.  3.2 Confidential Information 3.2.1 The Company hereby ensures that it shall use all confidential information solely for the performance of Services. For no other purposes shall any confidential information be used unless stated otherwise or approved by the other Party. 3.2.2 Any confidential information may be disclosed by the Company to third parties who are necessary for the execution of the Services, provided that the Client has authorized such disclosure. 3.2.3 The Company’s employees are to be made aware of the sensitive nature of all confidential information. Furthermore, authorized employees and third parties shall protect this confidentiality at all times. 3.2.4 The Company shall be held responsible for any breach of confidentiality committed by its employees. 3.2.5 Any breaches or violations of the above provisions may lead to the termination of this Agreement and result in legal actions. 3.2.6 The Company shall return  all confidential information in tangible form to the Client upon the termination of this Agreement.  3.2.7 Such confidentiality shall remain in full force even after the termination of this Agreement.  4. Warranty; Relationship; Termination; Notice 4.1 Warranty 4.1.1 The Company warrants that it shall provide high-quality consulting services to the Client. The Company also warrants that it shall not incorporate any material into the Services and corresponding activities that would contravene any of the Client’s rights.  4.1.2 Having read and understood all provisions, both Parties warrant that they are voluntarily entering into this Agreement and that they each have the authority to execute this Agreement in whole or in part, provided that the other Party has authorized or approved such executions beforehand. 4.2 Relationship 4.2.1 The Companyshallsolely operate as an independent contractor in relation to the Client, and not as its employee. Hence, the Client shall not provide any employee benefits to the Company, and the Company shall not have any right to receive such benefits. 4.2.2 Neither this Agreement nor any of its terms and conditions shall not constitute an agency, joint venture, representation, or any other relationship between the Parties. 4.3 Termination 4.3.1 The Client may terminate this Agreement for any identified unsatisfactory performances and outputs delivered by the Company, provided that the Company shall receive a forty-five (45) days’ prior written notice. 4.3.2 Both Parties may terminate this Agreement earlier than the agreed date on the grounds that the other Party has made breaches or violations of this Agreement.  4.3.3 Either Party may terminate this Agreement, provided that a detailed, forty-five (45) days’ prior written notice shall be given to the other Party. 4.4 Notice 4.4.1 Only written notices shall be acknowledged, received, and approved by both Parties or their authorized representatives. 4.4.2 Failure of any Party to present a prior written notice to the other Party shall render corresponding actions or changes null and void. 5.  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. 6. Next Steps 1. Upon the signing of this Agreement, the Company shall then work on a schedule of activities to be reviewed and approved by the Client.    2. Once the Client has approved the schedule, the Company shall immediatelycommence the Services.   3. The Company shall monitor, document, and report any progress and issue to the Client until satisfactory completion of Services. IN WITNESS WHEREOF, each of the Parties has executed this IT [Scope of Service] Agreement, both Parties by its representative, as of the day and year set forth below. [Your Company Name] [Your Company Representative Name] [Your Company Representative Signature] [Date Signed] [Your Client Company Name] [Your Client Representative Name] [Your Client Representative Signature] [Date Signed]

  • Letter to Bank

    DATE: The Manager Address: Subject: Transfer of Salary to  Dear Sir: We confirm that Mr./Ms. ____________________________________has been an employee of this company since ___________. He/ She is presently working in the capacity of a _________________ with a total remuneration of $ ___________________ per month, including fixed allowances only. Moreover, he/she has completed the probation period successfully. We confirm that we will transfer directly his/her net salary each month into his/her a/c # ______________ with you. We will not transfer his/her salary to any other  bank or account unless we get a clearance certificate from you. Should the employment cease, the company will notify you accordingly. This letter is issued upon the employee’s request and it does not constitute a financial guarantee on our part. Yours Truly, For Manager’s Name & Designation (Authorized Signatory) Company Stamp. The Branch Manager,  Address: Dear Sir/Madam,  Ref: A/c No._______________________  Subject: Disbursement of Salary for the month of ___________, 2020  Enclosed please find herewith salary data of our employees for $…………………………….. (………………………………………… only). Kindly disburse the salary for the month of November, 2019 by debiting our A/c No. ________________ maintained with you.  Please send us the confirmation of disbursement of salary to the individual account of the employees.  Thanking You, Yours faithfully, Company name To,The Bank Manager,Address: Sub: Opening of salary account for our employee – (Name of the employee) Dear Sir, We are maintaining salary accounts for all our employees with your branch office of…….Bank. We would now like to open a salary account for another employee, whose details are given below. Name of Employee…. Designation….. Department Name….. Date of joining….. Salary p.m …... Present address….. Please help him in opening a saving account with your bank at the earliest. This letter is being issued at the employee’s request and the company takes no responsibility of his any kind of liabilities with the bank. But we do expect then bank to provide him with benefits as per our contract. Best Regards, Name Sr. Manager Human Resource   Download Word Document In English. (Rs.40/-)

  • Importer Agreement

    Import Agreement Buyer’s Copy – Contract # Date Buyer’s Name and Address Seller’s Name and Address Terms & Conditions Product & Description Quantity Packing Price Terms Shipment Insurance Arbitration: See Paragraph 10 of the AFI Terms and Conditions for Import Contract Remarks  AFI Standard Import Contract – Page 2 1. TERMS AND CONDITIONS For the protection of all parties it is agreed that this contract, both front and back, contains the entire agreement between the parties and that there are no promises, terms, conditions or obligations and no warranties or representations, other than those contained in this contract or otherwise required by applicable law. 2. LIABILITY The merchandise travels at Buyer's risk unless otherwise specified. The Seller is not responsible for loss or damages resulting from loss of merchandise at sea, or failure to make shipment within the specified time or at all, when such  failure is due to fire, strike, boycott, flood, earthquake, windstorm, war, riot or revolution, government restriction or prohibition. 3. SHIPMENT Immediate shipment shall mean shipment within ten (10) days from the date of this contract. Prompt shipment shall mean shipment within twenty-one (21) days from the date of this contract. If the Seller fails to make shipment within the agreed period of time because of the contingencies specified in Paragraph Two (2) above, he shall notify the Buyer at once and then the shipping period required by this contract is automatically extended one month. If Seller fails to make shipment within the one month extension period he shall notify the Buyer within the following five days. In the event the Buyer intends to make claims for damages, he shall immediately present an itemized written statement of such damages to the Seller or the Seller's Agent and the Seller or his Agent shall then immediately notify the Buyer when the claim is allowed or disallowed. 4. PARTIAL DELIVERY/SEVERABILITY When right to partial shipment exists, this contract is severable as to each shipment, and non-delivery, delayed delivery, or non-conformity with contract requirements of any part shall not affect Buyer's obligations to accept and pay for any other part, which acceptance and payment shall be made without prejudice. 5. CHANGES IN DUTY AND/OR FREIGHT RATES Any changes, after date of this contract, in rate of duty, United States import taxes, or valuations by United States Customs, shall be for the account of the Buyer unless otherwise specified. Any changes in freight rates between contract date and bill of lading date shall be for the account of the Buyer when merchandise is purchased on an FOB basis or shall be for the account of the Seller when merchandise is sold on a C&F or CIF basis. Wherever the ocean freight is paid, it includes all charges until the freight is picked up by the Buyer's trucker at the destination stipulated in the Ocean Bill of Lading. By "all charges" is meant ocean carriage, terminal handling charges, currency adjustment factors, container rental charges, container yard charges, bunker surcharges, and any other surcharges imposed. 6. BUYER'S FINANCIAL RESPONSIBILITY Unless otherwise specified under the heading of Terms in this contract, payment to Seller is to be made immediately upon official notification of passage/clearance by the U.S. Food and Drug Administration. If the Buyer owes the Seller any overdue amount at the time of delivery against this contract, or if the Buyer has breached the contract on previous deliveries, or if the Buyer's credit has been impaired, the Seller has the following options, after giving the Buyer ten (10) days notice by cable or telegram: (1) to make shipments cash against documents, and the Buyer shall be bound to pay for them that way; or (2) to consider any undelivered portion of this contract as automatically canceled; or (3) to sell any merchandise still due in the open market, crediting or debiting the Buyer with the difference between the net price thus realized and the price set at this contract. When the Seller desires to take advantage of these remedies, the Buyer shall have the right to establish an irrevocable Letter of Credit, and in such case the Seller shall have no right to these remedies. Should the Buyer fail to order out the merchandise within the specified time, the Seller shall have the right to effect shipment on the first available vessel.  7. DEFAULT IN ACCEPTANCE OF GOODS In the case of default in acceptance of the merchandise by the Buyer, the Seller is authorized to sell it or authorize  others to sell it even though it may bear the trade marks or the trade name of the Buyer. 8. INSURANCE Buyer agrees to obtain an open policy or such other form of insurance to protect himself on shipments made, whether advices thereon are received or not. In cases where Seller is required by the terms of his agreement to provide insurance. it shall be for 110% of the C&F value and for all risks including war risk insurance. 9. RESPONSIBILITY IN DELAYS Seller does not assume any responsibility for the delay in the arrival of documents nor for delay or failure of advice of shipment to reach Buyer in time to cover insurance. 10. ARBITRATION Any controversy or claim arising out of or relating to this contract or breach thereof, or any controversy between a party hereto and the broker or agent solely relating to the payment of brokerage or commis-sion, shall be settled by arbitration in ___________________________, in accordance with its rules, and judgement may be entered upon the award. Each party to this contract consents that any papers, notices or process necessary or proper for the institution or continuation of any arbitration proceeding or for the confirmation of an award and entry of judgement may be served upon such party (1) by registered or certified mail addressed to such party's last know address; or (2) by personal service; or (3) where a party to a controversy is not located in the United States, by certified mail or personal service upon his Agent or Broker through whom this contract is made. 11. DETENTION Merchandise is sold subject to inspection and/or passing by the U.S. Food and Drug Administration, or by any other United States Government Department, Bureau or Agency with jurisdiction over it. Should the merchandise or any part of it be detained at the Port of Customs Entry by the United States Government and not eventually released for entry after reasonable efforts have been made by the Buyer to remove such detention, it is understood that the Seller is not required to make a replacement of the merchandise and that this contract in regard to the detained and unreleased merchandise shall then become void; and the Seller shall be released of all responsibility and liability except that he must refund the purchase price, if paid, plus freight charges, insurance and other expenses necessarily incurred by the Buyer in connection with the transaction. 12. RESPONSIBILITY OF AGENT OR BROKER No agent or broker or any party to this contract shall be liable for any damages resulting from or by reasons of mistake or delay by any communications company in transmitting any message in connection with this transaction, whether prior or subsequent to the making of this contract. 13. CANCELLATION OR MODIFICATION This contract cannot be canceled or modified except in writing signed by all parties hereto or their duly authorized agents. _________________________________________ Buyer ___________________________________ Broker By ____________________________________________ By _______________________________________ As Selling Agent For ____________________________________ Seller By _______________________________________ Download Word Document In English. (Rs.40/-)

  • SECURITY INSTALLMENT AGREEMENT

    SECURITY INSTALLMENT AGREEMENT Download Word Document In English. (Rs.40/-) This SECURITY INSTALLMENT AGREEMENT, by and between the Consortium comprised of , _________ (Lender) and (Borrower), , with its principal place of business at , is effective this ______ day of ________, _____, the first day on which all parties hereto have executed it. PART I    DEFINITIONS A)  As used in this document, the words and phrases set forth below shall have the following meanings: 1) “Agency”  means a business or organization providing a particular service on behalf of another business, person, or group. 2) “Agency Procedures” means the procedures of the Agency described as Agency procedures for the Agency, as they may be amended from time to time.  A copy may be found in the Grants Management Guide; users are encouraged to consult staff for current language. 3) “Borrower"  means . 4)  "Collateral"  means . 5) “Consortium”  means the . 6) “Conversion” means changing the form of financing of a project, e.g. from bridge financing to permanent financing, that does not increase the amount of debt. 7)  "Debt"  means the Loan which this document secures, any and all renewals thereof, the indebtedness represented thereby, and any other indebtedness which is now or may hereafter become due and owed from Borrower to Lender. 8)  "Encumbrances"  means those liens and encumbrances described in Appendix 1 to this Loan Agreement, listed in the order of their priority. 9)  "Grant"  means the awarded to the Consortium, the terms of which are reflected in the Grant Agreement.   10)  “Grant Agreement”  means Grant Agreement #____/__IG(__)   between the Consortium and the State of Vermont, Agency of Commerce and Community Development, including all attachments and amendments thereto.   11) “Grantee” means the Consortium comprised of that has received the Grant, all of which are jointly and severally liable for the entire Grant.  12)  "HUD"  means the U.S. Department of Housing and Urban Development. 13) “Lead Grantee” means the . 14)  “Lender"  means the Consortium comprised of . 15)  "Loan Agreement"  means this Loan and SECURITY INSTALLMENT AGREEMENT. 16) “National Objective” means the specific goals and purposes of this project set forth in Attachment B of the Grant Agreement, which must address the purposes set forth in Title I. 17)  “Personal guarantee”  means the guarantee of a principal of Borrower that, in the event of Borrower’s default with respect to this Loan, the principal shall repay any overdue installment or installments, or the entire amount of principal and interest, that are due and payable.  If the principal of Borrower is married, the principal’s spouse shall also sign and be bound by the personal guarantee. 18) “Personal property”  means the personal property owned or to be acquired by Borrower for the project as described in Appendix 2 hereto and to be described in the UCC-1. 19)  "Project"  means the project as described in Attachment B of the Grant Agreement. 20) “Real property” means the real property (including improvements) described in Appendix 3 to this Loan Agreement, subject to the Encumbrances described in Appendix 1 to this Loan Agreement. 21)  "Refinancing"  means the restructuring of all or a portion of a debt. 22)  "Sale"  means the exchange, transfer or other disposition, in consideration of something of value, or series of related sales, exchanges, transfers or dispositions of all or substantially all of the real property, personal property or both, which transfers title and possession of the property.  Sale includes but is not limited to a sale under foreclosure (including a non-judicial foreclosure sale pursuant) or a sale in lieu of or transfer pursuant to condemnation by a public authority. 23) “Secretary” means the Secretary of the Agency. 24)  "Security Interest"  means the UCC-1, evidencing the interest in the Personal Property, and the mortgage, evidencing the interest in the real property, given to Lender pursuant to this Loan Agreement. 25)  "Senior Debt"  means loan(s) or other financing arrangements for the Project from the Senior Lenders, including, without limitation, construction, bridge and take-out financing(s), which indebtedness will be secured by mortgage and security interests in the Project; the term "Senior Debt" includes, without limitation, any refinancing or other loan made for the Project, the proceeds of which are used to repay or discharge existing Senior Debt. 26)  "Senior lenders" , if any, means . 27) “Standby Agreement” means an agreement signed by Lender, Borrower and all persons who own 20% or more of Borrower, or to whom Borrower owes a debt and who have agreed to forego repayment of that debt without prior written permission of Lender. PART II   CONSORTIUM A)  A grant to a consortium goes to all member municipalities.  Each municipality is jointly and severally liable for performing all of grantees’ and lender’s obligations under the Grant Agreement and all related documents.   B)  For efficiency of management, a lead grantee is named to serve as agent for the consortium.  The lead grantee executes documents on behalf of the consortium, maintains the consortium’s official files, and otherwise acts on behalf of the consortium.   C)  However, the loan is from the grantees as a group; the lender is the consortium, not the lead grantee.  The legislative body of each member municipality of the consortium must pass all resolutions required. D)  The borrower may be located in a municipality different from the lead grantee.  All documents related to a grant to a consortium that must be filed in land records are filed in the land records of the municipality in which the principal place of business, or the particular aided enterprise, of the borrower is located.  PART III   CONSIDERATION AND INCORPORATION OF GRANT AGREEMENT A)  Lender makes this Loan to Borrower pursuant to, and as consideration for Borrower’s activities as set forth in, the Grant Agreement, which is incorporated herein by reference, and a copy of which Borrower and Lender maintain in their respective files.   B)  Borrower agrees to repay the Loan under the terms of Borrower’s Promissory Note to Lender in the amount of _______ dollars ($______.__) dated _______, . PART IV   SURVIVAL OF THIS LOAN AGREEMENT A)  This Loan Agreement shall survive the closing contemplated hereunder, and all obligations pursuant to this Agreement of each party hereto shall continue until the Loan has been repaid in full. PART V   PURPOSE OF THE LOAN A)  The purpose of this loan shall be to support the project and the achievement of the National Objective, as described in Attachment B of the Grant Agreement.  The proceeds of this Loan shall be used solely for Borrower’s specific activities in connection with the Grant. PART VI   TERMS OF THE LOAN A)  This Loan is in the amount of _______________ dollars ($_______.00), at % interest per year, compounded , for a period of _ years.   B)  Payments of principal and interest in the amount of $_____.__, payable on the ______ day of each , shall begin on _________, _______, and the Loan shall be fully repaid no later than ________________. PART VII   PREPAYMENT A)  Borrower may prepay any portion or all of this Loan at any time without penalty.  Any amounts paid in excess of the regular payment due shall be applied to reduce the principal amount of the Loan.   PART VIII   SECURITY A)  Borrower hereby grants to Lender as security for this loan: 1)  ;  2)  ; 3)  ; 4)  PART IX   PRIORITY A)  The priority of each security interest set forth above shall be as follows: PART X   LENDER’S COVENANTS A)  LOAN:  Lender shall, in accordance with the terms and conditions of the Grant Agreement, make this Loan to Borrower. B)  DISBURSEMENTS:  Disbursements shall be made up to the loan maximum, upon request by Borrower, outlining the purposes for which the funds shall be used, so long as the request is in accordance with applicable federal and State law, regulation and procedure, and the Grant Agreement. C)  PAYMENTS BY LENDER:  Lender shall have the right, in Lender’s sole discretion, to make payments to protect this Loan.  All such payments shall be added to the principal of this Loan, and interest at the rate of this Loan shall accrue thereon from the date the payment is made. PART XI     BORROWER’S REPRESENTATIONS A)  VERMONT BUSINESS:  Borrower certifies that, as of the date of execution of this Agreement, Borrower has secured a currently effective certificate of authority to do business in the State of Vermont, a copy of which Borrower has provided to Lender. B)  OTHER RESOURCES:  Borrower hereby certifies that Borrower has provided to Lender documentation of firm commitments of the Other Resources identified in Attachment B of the Grant Agreement, including the purpose for which they are to be used and any conditions attached to their expenditure. C)  CERTIFICATIONS:  Borrower hereby makes the following additional certifications, in form satisfactory to Lender, that, as of the date of execution of this Agreement: 1)  Borrower is in good standing with respect to, or in full compliance with a plan to pay, any and all federal, state and local taxes. 2)  Borrower is current on or is in full compliance with a plan to pay, any and all debt financing. 3)  there are no liens, judgments or other encumbrances, other than those recorded in the land records of Grantee or disclosed to the Agency prior to execution of the Grant Agreement, or disclosed no later than at the execution of this Loan and SECURITY INSTALLMENT AGREEMENT. 4)  Borrower’s representations with respect to the financial and operational aspects of the business in the written documents previously provided to the Lender remain accurate and not misleading. PART XII   BORROWER’S COVENANTS A)  NATIONAL OBJECTIVE:  Borrower commits to achieve the National Objective as identified in Attachment B of the Grant Agreement, and to maintain documentation as may be required by the Grant Agreement and otherwise necessary to clearly demonstrate that Borrower has achieved the National Objective. B)  NOTICE OF CHANGE:  Borrower, its successors and assigns, for a period of five years from the Completion Date set forth in the Grant Agreement, shall give timely notice to the Grantee and to the Agency should there be the anticipation of a sale of all or a portion of the facility assisted using funds to any person or entity who will use it for any changed purpose, of discontinuance of operation of all or a portion of the facility, or of material alteration or expansion of its purpose of function.  All such actions shall constitute a default, in which case Grantee may exercise all options available at law as may be required to protect or recapture the funds made available. C)  INSURANCE:  For the duration of the Loan, or for a period beginning with the execution of this Loan and SECURITY INSTALLMENT AGREEMENT and continuing for at least 5 years after the Completion Date, whichever is longer, Borrower shall take out, pay for and keep in full force, insurance on the Collateral against such risks, in such amounts, with such insurance carrier, and with such loss payable clause as shall be satisfactory to Lender, and shall furnish Lender with the satisfactory evidence of such insurance. D)  PERMITS:  Borrower shall secure all federal, state and local permits that are necessary, and shall comply with any conditions related to the disbursement of funds imposed by agencies requiring them.  Borrower has identified all permits necessary for the project and has secured those necessary to commence activities. E)  EMPLOYMENT AGREEMENT:  Borrower shall enter into and comply with the terms of an Employment Agreement if required by the Grant Agreement. F)  REPORTS:  Borrower shall submit financial and operational reports to Lender as Lender may reasonably request, and Lender shall have access to the records of the business during normal business hours or as arranged in advance.  Borrower’s failure to provide such information as requested within and/or the provision of information that appears to be inaccurate or incomplete, unless remedied within 15 days, shall constitute an event of default. G)  NO FINANCIAL CHANGE:  Borrower shall make no material change in the financial or operational aspects of the business, specifically including but not limited to the borrowing of additional money, the granting of additional liens significantly altering the plan for capital expenditures, salaries of partners or employees, or Borrower's product or service, without the prior written consent of Lender, except as otherwise provided for in this Loan Agreement. H)  OTHER LIENS AND ENCUMBRANCES:  Borrower shall use no proceeds of this Loan to discharge any lien or other encumbrance.  I)  REFINANCING:  Borrower shall not refinance the loan or restructure Borrower’s debt without the prior written approval of Lender.  funds shall not be used to restructure debt in any way,   except where the project involves the use of funds to convert temporary bridge or construction financing to permanent financing. J)  TITLE INSURANCE:  Promptly after the closing Borrower shall provide Lender with proof that Borrower has a policy for title insurance in no less than the sum of the full amount of this Loan and the amounts of all mortgages, liens and other encumbrances having a higher priority than this Loan. PART XIII   PASS THROUGH PROVISIONS A)  In addition to binding Borrower, the following provisions shall be included in all contracts between Borrower and any other contractor related to the project and shall bind all such other contractors.  B)  CONFLICT OF INTEREST:  Borrower agrees to comply with the requirements. 1)  In addition, in order to avoid both a conflict of interest and the appearance of undue influence, no officer of Borrower nor any member of Borrower’s Board of Directors employed by Lender or holding any elective or appointive municipal office in Lender shall participate in any discussions with any decision makers of Lender or attend any public hearing concerning, vote upon or take any action with respect to any matter involving this Agreement or the Project for the longer period of: a)  from the date of execution of this Agreement until five years after the Completion Date set forth in the Grant Agreement, or   b)  while the loan is outstanding, or   c)  during a person’s tenure with Lender and for one year thereafter.  2)  No person described in paragraph 1 of this section, or any person with whom such a person has family or business ties, may participate in a decision making process or gain inside information with regard to the activities funded, obtain a financial interest in or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, for the applicable time period set forth in paragraph 1.  C)  RETENTION OF AND ACCESS TO RECORDS:  Borrower agrees to comply with the requirements. 1)  Financial records, supporting documents, statistical records, and all other records pertinent to this project shall be retained in accordance with Agency Procedures, Chapter 3 . 2)  Authorized representatives of the Secretary of the Agency, the Secretary of HUD, the Inspector General of India, or the General Accounting Office shall have access to all books, accounts, records, reports, files, papers, things, or property belonging to, or in use by, the Grantee (or any subrecipients) pertaining to the receipt and administration of Agency funds, as may be necessary to make audits, examinations, excerpts, and transcripts. D)  EQUAL OPPORTUNITY:  Borrower agrees to comply E)  INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the India, where applicable. PART XIV   MISCELLANEOUS PROVISIONS A)  REVISIONS AND AMENDMENTS:  Revisions and amendments to this Loan Agreement shall only be made pursuant to Law.  All amendments to this Loan Agreement shall be reduced to writing and shall be executed by all parties to the document.  Borrower acknowledges that the Agency may require an amendment to this Agreement to ensure, or enhance the possibility of, Borrower’s achieving the National Objective.  A copy of any amendment to this document shall be submitted to the Agency for its approval prior to execution of the amendment.  Any amendment to this Agreement shall survive the closing with respect thereto.   B)  ENVIRONMENTAL REVIEW:  Pursuant to Subsections VIII of the Grant Agreement, there shall be no reimbursement using funds for any expenses incurred for activities commenced prior to the date the Agency issues the Notice of Release of Funds. C)  PARAGRAPH TITLES: The titles to the paragraphs of this Agreement are used solely for purposes of identification and are not to be construed as affecting the meaning of the language of the paragraphs.  D)  NOTICE ADDRESSES: Borrower and Lender shall give one another notice pursuant to this Agreement at the addresses set forth below for each, and shall keep the other informed in any change of address for notice purposes: Lender:____________________________ Borrower:______________________________ __________________________________ ______________________________________ __________________________________ ______________________________________ PART XV   DEFAULT AND REMEDIES A)  DEFAULT:  If any of the following events of default shall occur without being cured within days from the date that written notice of such default is received by Borrower from Lender, the Debt secured by this Loan Agreement shall immediately become due and payable . B)  The following events shall constitute events of default: 1)  failure to comply with all applicable provisions of the Grant Agreement; 2)  failure to perform any of Borrower’s obligations under this Loan Agreement;  3)  failure to perform as required by any document that secures this Loan.  C)  REMEDIES: If Borrower fails to pay the Debt or cure any breach or default prior to the expiration of the <# DAYS> day notice period, Lender may invoke foreclosure of this Loan Agreement, or any other remedy allowed by the Grant Agreement, this Loan Agreement, or any other document related to this Loan, or by law. D)  REMEDIES CUMULATIVE:  All remedies provided in this agreement are distinct and cumulative to any other right or remedy under this agreement, or otherwise at law, and may be exercised concurrently, independently or successively. E)  FORBEARANCE NOT A WAIVER: Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. PART XVI   APPROVAL :   A)  This Agreement, and all amendments hereto, must be approved by the Agency prior to execution.  Performance hereunder is subject to and suspended until such approval. IN WITNESS WHEREOF this Loan and SECURITY INSTALLMENT AGREEMENT is executed in the place and on the date noted for each party. BY LENDER: THE of for the Consortium _________________________________________ ___________________________ Authorized Signature Place of execution _____________________________________________________ ______________ Typed name and title Date   BY BORROWER: ________________________________________________ Typed name of business or nonprofit _____________________________________               ___________________________ Authorized Signature Place of execution _____________________________________________________ ______________ Typed name and title Date

  • Booking Agreement

    Booking Agreement This agreement is made on MM/DD/YY between _________________________ (hereafter "Presenter") and (hereafter "Performer"), represented in this matter by ____________________ (hereafter "Manager") acting as Performer's agent. Presenter hereby engages Performer to provide the Performance generally described below under the following terms: All persons engaged to provide the Performance are named in Attachment A. The Manager's name, address, telephone number(s), and email address are: The Presenter's name, address, telephone number(s), and email address are: The date and time of the Performance are: _________________________________ The Performance shall take place at: _______________________________________________________ The Performance shall commence at HH:MM am/pm and end at HH:MM am/pm. An intermission lasting X minutes shall be taken by Performer approximately Y minutes after the Performance commences. The general description of the Performance is: ________________________________________________________________________________________________________________________________________________________ Presenter shall pay to Performer or Manager the sum of $X immediately following the end of the Performance. Payment shall be by check payable to _________________________________________. Any tips or other payments made to Performer by third parties shall not be deducted from this fee. Presenter shall make every effort to prevent any recording or transmission of the Performance without the written permission of Performer or Manager. Presenter and Performer shall be excused from their obligations hereunder in the event of proven sickness, accident, riot, strike, epidemic, act of God or any other legitimate condition or occurrence beyond their respective control. Presenter shall be entitled to use the names, likenesses, and other promotional materials provided by Performer or Manager for the purpose of promoting the Performance and attracting attendees. Presenter shall provide adequate parking space within X feet of the entrance nearest the stage entrance and shall reserve such parking space for Performer's exclusive use from four hours before the starting time of the Performance until three hours after the Performance's ending time. _____________________________________ Presenter's signature, date _________________________________ Performer's or Manager's Signature, date _________________________________________ Presenter's printed name _________________________________ Download Word Document In English. (Rs.30/-)

  • License Agreement Short Form

    LICENSE AGREEMENT (Short Form) Agreement made on this    day of     , 2020  between  _____________s/o_______________ residing at__________________ herein after referred to as "the Licensor" of the one part  and _______________s/o__________ residing at___________________________ herein after referred to as "the Licensee" of the other part, as follows: WHEREAS 1. The Licensor is the owner of the property described in the schedule written here in under herein after called as "scheduled property". 2. The Licensee is approached the Licensor with request to allow the Licensee to temporarily to occupy and use the scheduled property for carrying on his ___________________ business, on license basis until the Licensee gets other more suitable accommodation. 3. The Licensor has agreed to grant license to the Licensee to occupy and use the said scheduled property on the following terms and conditions agreed to between the parties hereto. NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: The Licensor hereby grants license to the Licensee to occupy and use the scheduled property for a period of ___________month from ____________. The Licensee agrees to vacate the said premises even earlier if the Licensee secures any other accommodations. The Licensee shall pay to the Licensor a sum of $_________ per month as license fee or compensation to be paid in advance for each month on or before the day ________ of each month.  All the municipal taxes and other taxes and levies in respect of the licensed premises will be paid by the Licensor alone. The electric charges and water charges for electric and water consumption in the said licensed scheduled property will be paid by the Licensee to the authorities concerned and the Licensor will not be responsible for the same.  Licensee will be allowed to use the licensed scheduled property.  The licensed scheduled property will be used only for carrying on business and for no other illegal, immoral purpose. Licensed scheduled property has normal electricity fittings and fixtures. If the Licensee desires to have any additional fittings and fixtures, the Licensee may do so at his cost and in compliance with the rules. The Licensee shall remove such fittings and fixtures on the termination of the license failing which they all be deemed to be the property of the Licensor. The licensed scheduled property is given to the Licensee on personal basis and the Licensee will not be entitled to transfer the benefit of this agreement to any body else or will not be entitled to allow any body else occupy the scheduled property or any part thereof. Nothing in this agreement shall be deemed to grant a lease or tenancy and the Licensee agrees and undertakes that no such contention shall be taken up by the Licensee at any time. The Licensee shall not be deemed to be in the exclusive occupation of the licensed scheduled property and the Licensor will have the right to enter upon the premises at any time during working hours to inspect the scheduled property. The Licensee shall maintain the licensed scheduled property in good condition and will not cause any damage thereto. If any damage is causes to the scheduled property or any party thereof by the Licensee or his employees, servants or agents, the same will be made good by the Licensee at the cost of the Licensee either by rectifying the damage or by paying cash compensation as may be determined by the Licensor's Architect. The Licensee shall not carry out any work of structural repairs or additions or alterations to the said scheduled property. Only such alterations or additions or not of structural type or of permanent nature may be allowed to be made by the Licensee inside the scheduled property with the previous permission of the Licensor. Licensee shall not cause any nuisance or annoyance to the people in the neighborhood or store any hazardous goods in the scheduled property. If the Licensee commits a breach of any term of this agreement, then not withstanding anything herein contained the Licensor will be entitled to terminate this agreement by _______________days prior notice to the Licensee. On the expiration of the said term or period the license or earlier termination thereof, the Licensee shall hand over vacant and peaceful possession of the licensed scheduled property to the Licensor in the same condition in which the scheduled property now  exists subject to normal wear and tear. The Licensee's occupation of the scheduled property after such termination will be deemed to be that of a trespasser. SCHEDULE (License under this deed) IN WITNESS WHEREOF the parties herein have affixed their respective signatures to this deed on the day, month and year first above written in the presence of the witnesses: WITNESSES: 1. LICENSOR 2. LICENSEE Download Word Document In English. (Rs.30/-)

  • AGREEMENT BETWEEN OWNER AND CONTRACTOR

    Download Word Document In English. (Rs.50/-) AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT made on the            day of                  in the year two thousand and                   .  BY AND BETWEEN ____________________________________________________________________________________________________________________________________________________________________ hereinafter called the "Owner" AND ____________________________________________________________________________________________________________________________________________________________________ hereinafter called the "Contractor" WITNESSETH:  that the Owner and Contractor undertake and agree as follows: ARTICLE A-1 THE WORK The Contractor shall: (a) perform all the Work required by the Contract Documents for  _______________________ _____________________________________________. (See Tender Form for Description) which have been signed in triplicate by both the parties, (b) do and fulfil everything indicated by this Agreement, and (c) commence the Work by the              day of                         , 20       and substantially perform the Work of this Contract as certified by the Engineer/Architect by the _______ day of _________ 20    . (d) The "Engineer/Architect" is the person designated as such from time to time by the Owner. ARTICLE A-2 CONTRACT DOCUMENTS The following is an exact list of the Contract Documents referred to in Article A-1: (SEE TABLE OF CONTENTS FOR LIST OF DOCUMENTS AND DRAWINGS).   See Attached ARTICLE A-3 CONTRACT PRICE THE CONTRACT PRICE IS  _______________________________________________________ which price shall be subject to adjustments as may be required in accordance with the General Conditions of the Contract.  ARTICLE A-4 PAYMENT (a) Subject to applicable legislation and, where such legislation does not exist or apply, in accordance with such prescribed regulations or industry practice respecting holdback percentages and in accordance with the provisions of the General Conditions of the Contract, the Owner shall: (1)  make monthly payments to the Contractor on account of the Contract Price.  The amounts of such payments shall be as certified by the Engineer/Architect; and  (2)  upon Substantial Performance of the work as certified by the Engineer/Architect pay to the contractor any unpaid balance of holdback monies then due; and  (3)  upon Total Performance of the Work as certified by the Engineer/Architect pay to the contractor any unpaid balance of the Contract Price then due. (b) If the Owner fails to make payments to the Contractor as they become due under the terms of this Contract or in any award by a court, interest at the rate and in the manner specified in Certificates and Payments, shall become due and payable until payment.  Such interest shall be calculated and added to any unpaid amounts monthly. ARTICLE A-5 ADDRESSES FOR NOTICES All communications in writing between the parties or between them and the Engineer/Architect shall be deemed to have been received by the addressee if delivered to the individual or to a member of the firm or to an officer of the Corporation for whom they are intended or if sent by post or by facsimile addressed as follows: The Owner at: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ The Contractor at: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ The Engineer/Architect at: __________________________________________________________ __________________________________________________________ __________________________________________________________ ARTICLE A-6 SUCCESSION The General Conditions of the Contract hereto annexed, and all other aforesaid Contract Documents, are all to be read into and form part of this Agreement and the whole shall constitute the Contract between the parties and subject to law and the provisions of the Contract Documents shall ensure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this Agreement under their respective corporate seals and by the hands of their proper officers hereunto duly authorized. SIGNED, SEALED AND DELIVERED in the presence of: OWNER: CONTRACTOR ______________________________ ______________________________ signed signed ______________________________ ______________________________ name and title name and title _____________________________ ______________________________ date signed / witnessed   ______________________________ name and title ______________________________   date

  • CUSTOMER CONFIDENTIALITY AGREEMENT

    CUSTOMER CONFIDENTIALITY AGREEMENT [SPECIFY THE CUSTOMER’S COMPLETE NAME], of legal age, [SPECIFY CIVIL STATUS], and a resident of [SPECIFY CUSTOMER’S PLACE OF RESIDENCE] herein referred to as the  “CUSTOMER/CLIENT” ;  AND  [SPECIFY YOUR COMPANY NAME] which is a [SPECIFY THE BUSINESS STRUCTURE] and duly registered under the laws of [SPECIFY STATE] and principally engaged in the business of [SPECIFY PRINCIPAL ENGAGEMENT OR ACTIVITY], herein referred to as the    “COMPANY” ;  RECITALS WHEREAS,  The COMPANY is principally engaged in the business of [SPECIFY PRINCIPAL BUSINESS OF THE COMPANY] and offers products, specifically the [SPECIFY TYPE OF PRODUCT] which is availed by the Customer; WHEREAS, The CUSTOMER, for a valuable and reasonable consideration, bought a [SPECIFY PRODUCT] from the COMPANY and hence subject [himself/herself] under the terms and conditions of this confidentiality agreement.  WHEREAS, The COMPANY manifests its commitment to protect the personal and financial information provided by the Customer pursuant to the sale transaction. WHEREAS, The undersigned parties enter into this Confidentiality Agreement to govern the terms and tenor of their legal relationship;  NOW, THEREFORE, for and in consideration of the preceding mutual declarations and manifest commitment of the parties to comply and be bound by the terms and conditions of this Agreement, the undersigned parties hereby accept, understand and agree to the following terms and conditions:  PURPOSE OF THE AGREEMENT The purpose of this CUSTOMER CONFIDENTIALITY AGREEMENT is two-fold: to protect and preserve the integrity of the personal and financial information provided by the Customer and to ensure that the Customer’s right to privacy will not be infringed.  CONFIDENTIAL INFORMATION  Under this Agreement, confidential information shall be construed as follows:  Financial records of the customer such as bank details;  Personal details of the customer such as that information pertaining to [his/her] status, contact details; And any other analogous information which relates to the security of the customer and [his/her] family and relatives security.  TERMS AND CONDITIONS This Agreement serves as a mutual declaration of the undersigned parties to be bound by the following confidentiality rules, regulations, and policies:  The COMPANY is expressly prohibited from engaging in any activities and business affairs which in any way disclose the covered confidential information of the CUSTOMER;  All communication and correspondence, either oral or written, which may transpire between the CUSTOMER AND THE COMPANY are deemed strictly confidential and considered as privileged communication;  The designated employees of the COMPANY that will directly deal and manage the said confidential information provided by the CUSTOMER are prohibited from keeping and storing the same in electronic devices and areas which are not considered as authorized storage places of the COMPANY; The designated employees of the COMPANY that will directly deal and manage the said confidential information provided by the CUSTOMER are prohibited from disclosing and sharing the same to unauthorized persons and entities; The immediate supervisor or head of the said COMPANY employees shall exercise a reasonable degree of diligence in the supervision and management of [his/her] subordinates to ensure that company protocols and processes related to the management of confidential information are complied with consistently and in good faith.  PENALTIES The undersigned parties duly understand and affirm that the erring employee or supervisor, as the case may be, who commits any violation related to the foregoing terms and conditions, or in any way fails to exercise the degree of diligence required by this Agreement, shall be subject to a penalty [SPECIFY AGREED PENALTY (ex. Fine, suspension, termination)]. Furthermore, the COMPANY shall be bound to pay the CUSTOMER the amount of [SPECIFY AMOUNT], as a way of indemnifying the latter for the damages incurred as a result of such unauthorized disclosure or use of confidential information.  This is without prejudice to the right of the injured party to seek legal relief before a court of competent jurisdiction.  GENERAL PROVISIONS  Under the terms of this Agreement, any party may initiate an action to amend, modify, or alter the terms of this Agreement, provided that certain conditions are complied with, such as the following:  The proposal must be in writing; Must be raised within a period of [SPECIFY PERIOD]; Must contain adhere to the following sections: [SPECIFY FORM]; Must be duly approved by the other parties within a period of [SPECIFY PERIOD]; And other relevant requirements as the undersigned parties may deem necessary and appropriate. This Agreement is considered as the representation of the parties’ full adherence and agreement in relation to the terms and conditions enshrined under this Agreement.  The operation of this Agreement supersedes and repeals any and other agreements, proposals, and negotiations of the parties which are of contrary intention or are in conflict with the terms and conditions in this Agreement.  In the event that a section or provision of this Agreement is rendered void or unenforceable before the competent courts, the validity of the rest of the provisions and sections will be respected and will continue to operate or guide the performance of the undersigned parties.  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 parties fully execute and implement this CUSTOMER CONFIDENTIALITY AGREEMENT  this [SPECIFY DATE] and affix their respective signatures: [PROVIDE SIGNATURE] [SPECIFY COMPLETE NAME OF COMPANY’S AUTHORIZED REPRESENTATIVE] [SPECIFY COMPLETE ADDRESS]  [PROVIDE SIGNATURE] [SPECIFY COMPLETE NAME OF COMPANY’S LAWYER] [SPECIFY COMPLETE ADDRESS]  [PROVIDE SIGNATURE] [SPECIFY COMPLETE NAME OF THE CUSTOMER] [SPECIFY COMPLETE ADDRESS] Download Word Document In English. (Rs.50/-)

  • PROFESSIONAL SERVICES AGREEMENT

    Download Word Document In English. (Rs.40/-) PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (this “Agreement”) is made and entered into as of the ______ day of __________, 20___ (the “Effective Date”), by and between the __________(“the University”) and _______________________________________, with an office located at _______________________________________________________ (the “Service Provider”).  WHEREAS, the University wishes to obtain the professional services of the Service Provider; and, WHEREAS, the Service Provider has the knowledge, skill and capability to perform such services. THEREFORE, in consideration of the foregoing, the parties, intending to be legally bound, hereby agree to the following: 1. Services. The Service Provider is hereby retained Service Provider agrees to provide the services set forth on Exhibit A attached hereto and incorporated herein by this reference (the “Services”). Services shall be performed in accordance with the timeline set forth in Exhibit A, or any supplemental schedule prepared by the Service Provider and agreed to in writing by an authorized representative. 2. Service Requirements. The Services delivered hereunder shall conform in all material respects to (i) the specifications set forth in Exhibit A, (ii) the __________generally applicable Terms and Conditions, which is set forth as Exhibit B attached hereto and is incorporated herein by reference (“Terms & Conditions”), and (iii) any other requirements agreed upon by the parties in writing. Service Provider agrees to use sound and professional principles and practices in accordance with normally accepted industry standards in rendering Services hereunder, and Service Provider further agrees that performance shall reflect the best professional knowledge, skill and judgment of Service Provider. Service Provider shall furnish competent personnel for fulfillment of its obligations. If it deems Service Provider personnel unsatisfactory to perform Services due to a failure by such personnel to comply with the terms and conditions imposed on Service Provider as set forth herein, such personnel shall be removed immediately. 3. Nature of Services. a. Work Product. Any and all reports, documentation, files, media and other materials created or produced by Service Provider in connection with the Services rendered hereunder shall be deemed “Work Product.”   b. Work Made for Hire. The Work Product shall constitute works-made-for-hire belonging exclusively. To the extent that any Work Product does not constitute a work-made-for-hire owned, Service Provider agrees to assign and transfer all of its right, title and interest in such Work Product. Modifications to Work Product. The retains the right to modify the Work Product or to merge the Work Product into other documents or other materials owned or utilized. c. Service Provider Proprietary Material.  does not under this Agreement acquire any ownership rights in and/or to any software, documentation, tools, techniques, methodologies or other material which has not or is not created as  art of the Services to be rendered hereunder which is proprietary to Service Provider(“Service Provider Proprietary Material”). However, if Service Provider incorporates any Service Provider Proprietary Material into any Work Product, or any of the Work Product requires Service Provider Proprietary Material in order to operate or otherwise be useable, Service Provider hereby grants a nonexclusive, royalty free, fully paid, perpetual, irrevocable license to use the Service Provider Proprietary Material as part of the Work Product. d. Third Party Proprietary Material. The University does not under this Agreement acquire any ownership rights in and/or to any software, documentation, tools, techniques, methodologies or other material which is proprietary to any third party (“Third Party Proprietary Material”). The University shall be responsible for obtaining any necessary licenses for Third Party Proprietary Material. Service Provider may not incorporate any Third Party Proprietary Material into the Work Product without the prior written consent of the University. 4. Payment. The University agrees to pay Service Provider _____________ for Services completed in accordance with the terms of this Agreement. The fee shall be due and payable as specified in Exhibit A. The fee shall be payable within thirty (30) days after receipt and approval by the University of Service Provider’s invoice. Except as otherwise specified in Exhibit A, Service Provider shall not incur or charge the University any other fees or expenses without the prior written authorization of the University. Performance beyond the limitations set forth in this Agreement (either financial or time period) shall be at the sole risk and responsibility of the Service Provider, and the University shall not be obligated to pay for Services exceeding the funding or contract period of this Agreement. 5. Term. The term of this Agreement shall commence on the Effective Date and shall continue until _________________, unless this Agreement is otherwise extended or terminated in accordance with the terms specified herein. 6. Entire Agreement. This Agreement, including the exhibits hereto, represents the entire agreement between the parties hereto and supersedes all prior and contemporaneous written or oral agreements and all other communications between the parties relating to the Services to be rendered hereunder. Any additions, deletions or modifications shall not be binding on either party unless accepted and approved in writing by duly authorized representatives of both parties. In the event of any contradictory provisions between this Agreement and the terms of any Exhibits, attachments or schedules hereto or any purchase order or other documents issued by the University or Service Provider in connection herewith, the terms set forth in the body of this Agreement shall prevail. 7. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, and such counterparts will together constitute the same instrument. 8. Severability. The provisions of this Agreement shall be deemed severable, and if any portion shall be held invalid, illegal or unenforceable for any reason, the remainder of this Agreement shall be effective and binding upon the parties, unless to do so would clearly violate the present legal and valid intention of the parties hereto. 9. Remedies. Pursuit by either party of any remedies described herein, or otherwise available at law or in equity, shall not preclude pursuit by that party of any other remedy or remedies provided herein or otherwise available at law or in equity. All remedies, rights, undertakings, obligations and agreements shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party. IN WITNESS WHEREOF, this Professional Services Agreement has been duly executed by the authorized representatives of the parties hereto as of the date first set forth above. Dated: ______ , 20 UNIVERSITY OF ROCHESTSER By: _________________________________ Name: ______________________________ Title: _______________________________ Dated: _______ , 20 SERVICE PROVIDER By: _________________________________ Name: ______________________________ Title: _______________________________ Exhibit A - Scope of Services Exhibit B – Terms & Conditions EXHIBIT A — SERVICES 1. Statement of Purpose 2. Scope of Services 3. Project Milestones 4. Deliverables and Acceptance Criteria Deliverables Acceptance Criteria 5. Place of Performance

  • Warning Notice for General Behaviour Issues

    #Date# To, #*firstname*#   #*lastname*# Subject: Warning Notice for General Behaviour Issues It has been observed that your behaviour towards #Subordinates or Manager or Colleagues or Specify Names#  is not appropriate or suitable for our work environment. Such behaviour is against the code of conduct in our organization, and, this misconduct makes you liable for necessary action, as per our company policy. Hence, you are hereby warned to refrain from repeating such behaviour and to be careful with your actions in future. Failure to do so shall invoke appropriate action. Please consider this as a strict and official warning in this regard. You are further advised to submit a written explanation on your unethical act as soon as you receive this letter. On behalf of #*companyname*# __________________________ #Signing Authority Name# #Signing Authority Designation# Employee Signature: _______________________ Employee Name: _______________________ Date: ____________________ Download Word Document In English. (Rs.15/-)

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