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  • Logistics Services Contract

    Logistics Services Contract Download Word Document In English. (Rs.50/-) The Logistics Services Contract (referred to as the “Contract”) is entered and made effective on [INSERT THE COMPLETE DATE OF THE EFFECTIVITY OF THE CONTRACT] (referred to as the “Effective Date”). BY AND BETWEEN [INSERT THE NAME OF THE LOGISTICS COMPANY](referred to as the “Logistics Company”) a [INSERT THE TYPE OF BUSINESS OF THE COMPANY, EX. CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP] duly formed under the [SPECIFY UNDER WHAT LAW THE ENTITY IS REGISTERED] and the primary place of business located at [INSERT THE COMPLETE LOCATION OF THE COMPANY, INCLUDING ITS CITY, STATE AND ZIP CODE]. AND [INSERT THE CLIENT COMPANY’S NAME](referred to as the Client Company”) a [INSERT THE TYPE OF BUSINESS OF THE CLIENT COMPANY, EX. CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP] duly formed and under the [SPECIFY UNDER WHAT LAW THE ENTITY IS REGISTERED] and the primary place of business located at [INSERT THE COMPLETE LOCATION OF THE COMPANY, INCLUDING ITS CITY, STATE AND ZIP CODE]. The Logistics Company and the Client Company are hereby referred to as the “Parties” in this Logistics Services Contract. The Parties Affirms the following: [INSERT THE NAME OF THE LOGISTICS COMPANY] and [INSERT THE NAME OF THE CLIENT COMPANY] enters into this Contract for the sole purpose in providing [INSERT THE NAME OF THE CLIENT COMPANY] assistance when it comes to transportation, storage of Client Company’s products in the Logistics Company’s warehouse and the distribution of Client Company’s products to different parts of [INSERT THE LOCATION WHEREIN THE CLIENT COMPANY’S PRODUCTS ARE MAINLY DISTRIBUTED].  [INSERT THE NAME OF THE LOGISTICS COMPANY] declares that it has sufficient knowledge when it comes to the storage, distribution and overall safekeeping of the products of [INSERT THE NAME OF THE CLIENT COMPANY]. [INSERT THE NAME OF THE CLIENT COMPANY]’S main industry is to [INSERT THE MAIN INDUSTRY OF THE CLIENT COMPANY] wherein it will seek assistance from [INSERT THE NAME OF THE LOGISTICS COMPANY] to safe keep and distribute its product to different parts of [INSERT THE LOCATION WHERE THE PRODUCTS OF THE CLIENT COMPANY IS MAINLY DISTRIBUTED]. That both Parties agree that in engaging in this Logistics Services Contract, both Parties have reciprocal obligations to one another. In engaging such, the Parties agree to follow and respect the provisions in this Logistics Services Contact. Now Therefore, with consideration to the mutual covenants and promises of the Parties stipulated herein on this Logistics Services, the Parties hereby adhere to the following: TERMS AND DEFINITIONS The following are the terms used in this Agreement including their definitions and corresponding interpretations: Products - shall mean the goods produced by [INSERT THE NAME OF THE CLIENT COMPANY]. Components - shall mean the composition of the products of the Client Company. The Company must know the components of the products of the Client Company so as to separate the hazardous products and safe keep them properly according to their composition. Distribution - shall mean the dissemination of the Client Company’s products in the area, specifically in [INSERT THE LOCATION OR LOCATIONS WHEREIN THE PRODUCTS OF THE CLIENT COMPANY WILL BE DISTRIBUTED]. Standard Metrics- shall mean the standard test in order for the product to pass the quality assurance team. Transportation - shall mean the transferring of the Client Company’s products from point A to point B. Performance - shall mean the carrying out of the task of either the Client Company or the Company. Claims - shall mean the loss and damage of [INSERT THE NAME OF THE CLIENT COMPANY]’S products. Arbitration - shall mean the method of settling the disputes between Parties. [INSERT OTHER TERMS AND INTERPRETATIONS THAT MAY SEEM FIT FOR THIS LOGISTICS SERVICES CONTRACT]. PURPOSE OF THE LOGISTICS SERVICES CONTRACT The Purpose of this Contract is mainly to assist [INSERT THE NAME OF THE CLIENT COMPANY] in safekeeping their products and to have an orderly distribution of those products from one place to another. Other than that, the following are the purposes of the Logistics Services Contract: To ensure the safety of the products being manufactured by [INSERT THE NAME OF THE CLIENT COMPANY]. For the [INSERT THE NAME OF THE CLIENT COMPANY] to have convenience regarding the transportation of the products from one location to the other location. For the [INSERT THE NAME OF THE CLIENT COMPANY] to easily disseminate the products. For the [INSERT THE NAME OF THE COMPANY] to assist and support [INSERT THE NAME OF THE CLIENT COMPANY] in its foreign engagements. [INSERT OTHER PURPOSES OF THE PARTIES IN ENTERING INTO THIS AGREEMENT]. NATURE OF THE BUSINESS AND THE AGREED SERVICES BY THE LOGISTICS COMPANY AND THE CLIENT COMPANY The Logistics Company and the Client Company agrees to adhere the following provisions of the Logistics Services Contract on the nature of the business: The Logistics Company agrees to safe keep the products of the Client Company. In order to protect such products, the Company will keep them in its warehouse which is also rented by the Client Company. The Client Company agrees to hold a session for the Logistics Company to understand the components of the products and give instructions on how to handle them properly. The Logistics Company agrees to follow the care instructions as instructed by the Client Company. The Logistics Company agrees and assumes the risk of the transportation of the product from point A to point B. The Logistics Company agrees to adhere to the standard metrics of the Client Company in handling the products. [INSERT OTHER NATURE OF SERVICES PROVIDED BY THE COMPANY TO THE CLIENT COMPANY]. The Logistics Company and the Client Company agree to adhere to the provisions in this Contract as to the services to be rendered: The Logistics Company agrees to safe keep the products of the Client Company. The Logistics Company agrees to transport the products of the Client Company. The Logistics Company agrees to disseminate the products to different retailers of the Client Company. [INSERT OTHER SERVICES RENDERED BY THE COMPANY TO THE CLIENT COMPANY]. The execution of this Logistics Services Contract, [INSERT THE NAME OF THE COMPANY] is in full authority as to [INSERT IN WHICH AREA THE LOGISTICS COMPANY CAN PROVIDE OR CONTRIBUTE ON THE SUCCESS OF THE SERVICE BEING DELIVERED ALSO BY THE CLIENT COMPANY, EX., THE SAFE TRANSPORTING OF GOODS AND THE PRESERVATION OF SUCH PRODUCTS IN TRANSFERRING AND DISSEMINATING THE PRODUCTS]. [INSERT THE NAME OF THE CLIENT COMPANY], is in charge of [INSERT WHAT THE CLIENT COMPANY CAN CONTRIBUTE TO THE SUCCESS OF THIS CONTRACT, EX. MAKING SURE THAT THE STANDARD METRICS IS FOLLOWED]. ESSENTIAL QUALITIES OF THE PRODUCTS WHICH ARE THE END PRODUCTS OF THE SERVICES RENDERED BY BOTH PARTIES The end products of the services as agreed by both the Logistics Company and the Client Company is subject to the following product metrics: The Company must make sure that the products delivered from the Client Company is not defective. The Company must conduct an inventory count and reconcile the inventory report with the Client Company. The Company must check the label of the components of the products of the Client Company. Hazardous products must be separated into another storage. Each product must be properly stored in accordance with the instructions given by the Client Company. In transporting the products, the Company must make sure that the proper handling must be followed. In handling properly the products, the Company must make sure that the hazardous products must be separated from other products. Fragile products must be put in a box with protective tools inside so that it will not break inside the products.  When the Company transports the products, an inventory and status report of the products must be prepared by the Company to the Client Company. Upon dissemination of the products to the retailers of the Client Company, [INSERT THE NAME OF THE COMPANY] must give a copy to [INSERT THE NAME OF THE CLIENT COMPANY] a transmittal report. The end products of the Contracting Parties must be: The products must be free of damage and spoilage. If the products are damaged upon delivery of the Client Company to the Company, [INSERT THE NAME OF THE LOGISTIC COMPANY] must report the damage or the status of the delivered products right away to the [INSERT THE NAME OF THE CLIENT COMPANY]. The products also must be delivered together with its manual for proper care and maintenance while in the warehouse of [INSERT THE NAME OF THE LOGISTIC COMPANY]. BILLING TERMS AND AGREEMENT The total Contract Price is [INSERT THE TOTAL CONTRACT PRICE]. The Parties agree that in paying such amount the following must be considered: The Company must send an invoice to the Client Company. The invoice for the warehouse is separate from the invoice of the transporting the products and the distribution thereof. The Invoice must be made monthly as long as this Logistics Services Contract exist between [INSERT THE NAME OF THE LOGISTIC COMPANY] and [INSERT THE NAME OF THE CLIENT COMPANY]. Within [INSERT THE PERIOD WHEREIN THE CLIENT COMPANY MUST PAY THE LOGISTIC COMPANY] after receiving the invoices from the Company, the Client Company must pay not later than [INSERT HOW MANY DAYS THE CLIENT IS ALLOWED TO PAY THE LOGISTIC COMPANY]. In circumstances wherein the Client Company shall incur delay in paying [INSERT THE NAME OF THE LOGISTIC COMPANY], a penalty of [INSERT THE AMOUNT OF THE PENALTY LEVIED IN THIS CONTRACT] must be paid. It is to be understood that bonds and trust deposits are not considered as payment by the Client Company to the Logistic Company. In the event that there is subrogation that will happen, the subrogation must be made under the laws of [INSERT THE LAW OF THE STATE WHEREIN SUBROGATION IS EXPLICITLY PROVIDED]. The payment of a penalty if there is any, shall form part of the next payment of the Client Company to the Logistic Company. The compensation must be made in: ● In Check - provided that the check is not post-dated, in the instance that the check is post-dated, the Client Company must inform the Logistic Company first and the Logistic Company must give its consent to the other Party. ● It must be made in Cash - which can also be understood as bank transfer if the amount that is in consideration is huge and as agreed by the Parties and or Cash delivered directly to the office of the Logistic Company. Any expenses incurred other than the stipulated services, but in the course of business by both Parties, the other expenses will be shouldered by [INSERT THE PARTY WHICH WILL BEAR ALL THE OTHER EXPENSES INCURRED IN RUNNING THE BUSINESS]. Other than that, the [INSERT THE PARTY WHO WILL BEAR THE OTHER EXPENSES] will bear all other expenses such as: The cost arising from the maintenance of the products inside the warehouse of the Logistics Company. The costs arising from the transportation of those products from point A to point B. The expenses used in transporting the products. The necessary licenses and permits in carrying out such tasks. The expenses in registering the business in the different government agencies. [INSERT OTHER COSTS THAT ARE APPLICABLE] TAXES During the course of the Logistics Services Contract between the Company and the Client Company, the [INSERT THE PARTY WHO WILL PAY THE TAXES INCURRED IN THE COURSE OF THE BUSINESS] will pay the imposed taxes. DUTIES AND RESPONSIBILITIES OF [INSERT THE NAME OF THE LOGISTICS COMPANY] The following duties and responsibilities must be adhered and carried out by [INSERT THE NAME OF THE LOGISTICS COMPANY]: The Logistics Company must be mindful of the products delivered by the Client Company to its warehouse. The Logistics Company must prepare and make the necessary reports to the Client Company. The Logistics Company must send the Client Company its monthly invoice. The invoices must be separate as to the rental of the Client Company of its warehouse and the transportation of the Client Company’s products. If there are products that are delivered which are damaged, the Logistics Company must send a report to the Client Company immediately. The Logistics Company must inform the Client Company the status of transporting the products from time to time. [INSERT OTHER DUTIES OF THE LOGISTICS COMPANY AS DEEMED APPROPRIATE]. DUTIES AND RESPONSIBILITIES OF THE [INSERT THE NAME OF THE CLIENT COMPANY] [INSERT THE NAME OF THE CLIENT COMPANY] must adhere and carry out the following tasks and responsibilities: The Client Company must bear all the other expenses arising from the transporting its products from one location to the other. The Client Company must pay the Logistics Company just compensation for its assistance. The Client Company must pay the Logistics Company in the event that the invoices are received. The Client Company shall bear other expenses in carrying out the tasks. The Client Company shall reconcile its inventory report to the Logistics Company’s inventory report. The Client Company shall be given a copy of the transmittal report when the products are transferred. The Client Company must check if the Logistics Company follows the Standard Metrics before the dissemination of the product. [INSERT OTHER DUTIES AND RESPONSIBILITIES OF THE CLIENT THAT ARE APPROPRIATE]. PERIOD COVERED AND TERMINATION  The period covered in this Logistics Services Contract is [INSERT THE PERIOD COVERED IN THIS CONTRACT]. Within the period, the provisions provided in this Contract will continue and take full force between the agreed Parties. The following are the circumstances that will be considered by the Parties as reasonable causes for the termination of this Contract: The Logistics Services Contract shall be terminated in the event that the both Parties will cease in continuing such. The Contract shall be terminated if one Party failed to carry out its task in the course of this Logistics Services Contract. The Logistics Services Contract shall be terminated when an Act of God or an Act of Man is happening and neither party will not be able to carry out the tasks assigned to them. The Logistics Services Contract shall be terminated when one Party through his fault or negligence will cause delay to the other Party. [INSERT OTHER INSTANCES WHICH THE PARTIES WILL CONSIDER IN TERMINATING THE LOGISTICS SERVICES CONTRACT]. EFFECTS OF TERMINATING THIS LOGISTICS SERVICES CONTRACT The following are the effects of terminating the Contract: In the event that the Contract is terminated, all belongings of the Client Company must be properly returned. Proper turnover of reports must be made by both Parties. Reciprocal obligations must be carried out by both Parties. If there are damages incurred, the damages done must be liquidated and pay the Party. [INSERT OTHER EFFECTS OF TERMINATING THE LOGISTICS SERVICES CONTRACT]. INTELLECTUAL PROPERTIES The Parties are in agreement that the [INSERT THE NAME OF THE PARTY WHO WILL OBTAIN THE INTELLECTUAL PROPERTY RIGHTS] shall obtain all the Intellectual Property rights of the products and or services being produced by [INSERT THE NAME OF THE PARTY WHO PRODUCES SUCH WORKS] including, but not limited to, the rights on copyright and trademark. CONFIDENTIALITY AND NON-DISCLOSURE Unless otherwise agreed to in advance and in writing, both Parties will not disclose, share, publish, assign, or sell any confidential Information to any third party about the business that they are engaged in and any confidential information of the other party. The Parties of this Logistics Services Contract are the only entities entitled to the use of the information provided and shared through this Agreement. WARRANTIES AND DISCLAIMERS [INSERT THE NAME OF THE PARTY WHO WARRANTS] warrants the following for this Contract: 1. [SPECIFY THE WARRANTS OF THE PARTY WHO WILL WARRANT THE OTHER]. INDEMNIFICATION The [INSERT THE NAME OF THE PARTY WHO WILL INDEMNIFY] concedes to indemnify, protect and to defend the [INSERT THE NAME OF THE OTHER PARTY] against any damages, claims, lawsuits and costs that may arise pertaining to the products and or services which include legal fees as a result of the any act that may be done by [INSERT THE NAME OF THE RESPONSIBLE PARTY]. FORTUITOUS CIRCUMSTANCES In the event, there are circumstances that will happen that are unforeseen and if though foreseen, they are beyond the control of man, either Party shall be excused from any delay or failure in the performance required if caused by reasons of acts of God or any circumstances beyond the control of either party. The obligation of the Parties are extended on a day to day basis depending on the circumstance or the event which caused the delay in the performance of either Party in carrying such task. When such events or circumstances have stopped, normal business will resume for the Logistics Company and the Client Company. RELATIONSHIP OF THE PARTIES The Parties are independent contractors of one another and are not in any way connected with each other in terms of employment relations. Either Party cannot claim any benefits that a normal employee may enjoy. NOTICES The Parties agree that in cases wherein notification is needed, the following measures must be observed: Within [INSERT NUMBER][INSERT PERIOD], the Client Company must notify the Logistics Company of the dissatisfaction through [INSERT HOW THE CLIENT COMPANY MUST NOTIFY THE LOGISTICS COMPANY]. The Client Company shall provide the details of dissatisfaction which the Logistics Company failed to perform. [INSERT OTHER NOTIFICATION MEASURES AS AGREED BY THE PARTIES]. ASSIGNMENT OF RIGHTS Both [INSERT THE NAME OF THE LOGISTICS COMPANY] and [INSERT THE NAME OF THE CLIENT COMPANY] are not authorized to assign or to transfer any of its rights or obligations as specified on this Contract to any third party without the consent and the approval of the other. SEVERABILITY Should any provision of this Logistics Services Contract be held to be illegal, invalid or unenforceable, such provisions may be terminated or may be modified by the competent court. The remaining part will still take effect and shall remain in full force and shall be construed in accordance with the modified provision. AMENDMENT CLAUSE In the event that there are changes made to this Logistics Services Contract, either Party who made the changes must provide the variations in writing and notify the other party for [INSERT HOW MANY DAYS THE NOTIFICATION WILL LAST]. Any changes made verbally will not be honored but will retroact to the original provisions to this Logistics Services Contract. MISCELLANEOUS 1. [STIPULATE THE MISCELLANEOUS PROVISIONS TO THIS LOGISTICS SERVICES CONTRACT]. GENERAL AGREEMENT This Contract and all documents and information enclosed herein make up the whole agreement between [INSERT THE NAME OF THE COMPANY] and the [INSERT THE NAME OF THE CLIENT COMPANY] as regards the subject of this Logistics Services Contract. Any other agreements, representations and warranties made by the parties before or after the creation of this Contract will be deemed insignificant and non-existent making this Contract the only document to be referenced herein by the 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, and with the intention to be legally bound with each other, and with the appearance of the signature of both parties will render the acceptance of the terms and conditions of this Logistics Services Contract. BY [INSERT THE NAME OF THE LOGISTICS COMPANY]: Signature: [INSERT THE SIGNATURE OF THE POINT PERSON OF THE COMPANY] Name: [INSERT THE NAME OF THE POINT PERSON] Position: [INSERT THE POSITION OF THE POINT PERSON IN THE COMPANY] BY [INSERT THE NAME OF THE CLIENT COMPANY]: Signature: [INSERT THE SIGNATURE OF THE POINT PERSON OF THE CLIENT COMPANY] Name: [INSERT THE NAME OF THE POINT PERSON] Position: [INSERT THE POSITION OF THE POINT PERSON IN THE CLIENT COMPANY] BY THE WITNESSES: Signature: [INSERT THE SIGNATURE OF THE WITNESS] Name: [INSERT THE NAME OF THE WITNESS] Position: [INSERT THE POSITION OF THE WITNESS] Signature: [INSERT THE SIGNATURE OF THE WITNESS] Name: [INSERT THE NAME OF THE WITNESS] Position: [INSERT THE POSITION OF THE WITNESS]

  • LEASE CANCELLATION AGREEMENT

    LEASE CANCELLATION AGREEMENT This LEASE CANCELLATION AGREEMENT (this “Agreement”) is made by and among XXX (the “Landlord”), on their own behalf and on behalf of all other persons or entities having an interest as landlord under that certain Lease dated __________________ ___, ________ (the “Lease”) demising certain leased premises described therein (the “Premises”), on property located at __________________, City of __________________ County of __________________, State of __________________ (the “Building”), and by YYYY (the “Tenant”), for its own behalf and on behalf of all of its predecessors-in-interest in the Lease and all other persons or entities having an interest as tenant under the Lease. Landlord and Tenant have agreed that the Lease shall be cancelled and terminated in consideration of the mutual covenants set forth below and in accordance with the terms and conditions set forth herein. Recitals Incorporated.  The foregoing recitals are incorporated herein by reference into this Agreement as though set forth at length. Security Deposit.  The parties acknowledge that Tenant has deposited with Landlord the amount of $__________. Lease Modification.  The term of the Lease shall expire and shall be deemed terminated and cancelled effective on __________________ ___, _____ (the “Expiration Date”).  Except as modified herein, the Lease is unmodified and in full force and effect. Lease Termination Payment.  Notwithstanding the foregoing, if, on or before the Expiration Date, Tenant vacates the Premises and leaves such Premises in reasonably good condition and repair and otherwise in such condition as is required under Paragraph 6, below and under the Lease with respect to surrender of the Premises at the end of the term of such Lease, then, in such event, as of the date that Tenant so vacates the Premises (such date being the “Termination Date”), (i) the Lease shall be deemed terminated and cancelled with the same effect as if such date were the normal expiration date of the Lease; (ii) Landlord shall pay or cause to be paid to Tenant, a cash termination payment of __________________ Dollars ($__________________.00); (iii) neither party shall have any claim against the other, and each party releases the other from any and all claims, liabilities, damages or actions of any kind whatsoever arising out of or pursuant to the Lease or Tenant’s use or occupancy of the Premises; and (iv) Landlord shall return the security deposit to Tenant.  Notwithstanding any provision in the Lease or in this Agreement, if for any reason Tenant fails to perform any obligation hereunder or under the Lease, including, without limitation, Tenant’s obligation to vacates the Premises and leaves such Premises in reasonably good condition and repair and otherwise in such condition as is required under Paragraph 6, below on or before the Expiration Date, then, in such event, the Prepayment shall be due and payable by Tenant to Landlord immediately. Compliance with Obligations.  Tenant shall be responsible for all obligations of Tenant under the Lease through and including the Termination Date, including, without limitation, Tenant’s obligation to pay monthly rent, additional rent, utility charges and all other amounts and charges owing under the Lease. Condition of Premises.  On or before the Termination Date, Tenant shall remove all of its trade fixtures and personal property; repair all damage to the Premises caused by such removal; vacate the Premises and leave such Premises in reasonably good, broom swept clean condition and repair and otherwise in such condition as is required under the Lease with respect to surrender of the Premises at the end of the term of such Lease; and deliver the keys to the Premises to Landlord. Mutual Release.  By this Agreement, effective on the Termination Date and so long as neither party shall be in default under its obligations hereunder, each party hereto releases the other party hereto from all claims, demands, damages, rights, liabilities, and causes of action of any nature whatsoever, whether at law or equity, known or unknown, suspected or unsuspected, which are related or in any manner incidental to the Lease or the Premises and which first arise out of transactions and occurrences from and after the Termination Date.  Each party waives and relinquishes any right or benefit which it has or may have under applicable law regarding waiver of unknown claims to the full extent that it may lawfully waive such rights and benefits.  In connection with such waiver and relinquishment, each party acknowledges that it is aware that it or its attorneys or accountants may hereafter discover facts in addition to or different from those which it now knows or believes to exist with respect to the subject matter of this Agreement or the other party hereto, but that is such parties intention hereby fully, finally, and forever to settle and release all of the claims, disputes, and differences, known or unknown, suspected or unsuspected, which now exist or may exist hereafter between each party with regard to the Lease or the Premises.  This Agreement shall be and remain in effect as a full and complete release notwithstanding the discovery or existence of any such additional or different facts.  Notwithstanding the foregoing to the contrary, this Mutual Release is not intended to release or offset actions by either party for claims arising as a result of (i) a breach of the Lease and occurring on or before the Termination Date, (ii) a breach of this Agreement, or (iii) transactions and occurrences on or before the Termination Date. Knowing Release.  In executing this Agreement, each party hereto acknowledges that they have consulted with and received the advice of counsel and that the parties have executed this Agreement after independent investigation and without fraud, duress, or undue influence. Authority of Tenant.  Tenant represents and warrants that (i) it is the owner and holder of the tenant’s interest in the Lease and that it has the power, right and authority to execute this Agreement and to carry out the intent hereof, (ii) the execution and delivery of this Agreement shall not violate or contravene any agreement, contract, security agreement, lease or indenture to which Tenant is a party or by which it is bound or requires the consent of any party to any of the foregoing and (iii) the Premises, including all improvements and betterments thereto, are unencumbered, free of any security interests, liens, chattel mortgages, leases, lease purchase agreements or any other security or financing devices and, all such installations have been fully paid for. Attorney Fees.  If any party initiates legal proceedings to enforce its rights under this Agreement, the substantially prevailing party shall be entitled to reimbursement of its reasonable attorney fees, costs, expenses and disbursements from the other parties. Final and Complete Expression.  This Agreement is the final and complete expression of the parties.  This Agreement may not be modified, interpreted, amended, waived or revoked orally, but only by a writing signed by all of the parties hereto. Severability.  If any provision in this Agreement is deemed invalid, then the remaining provisions thereof will continue in full force and effect and will be construed as if the invalid provision had not been a part of this Agreement. Counterparts.  This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same document. Dated this        day of              , 20____. TENANT: YYYY __________________________________ YYYY LANDLORD: XXXX __________________________________ XXXX Download Word Document In English. (Rs.40/-)

  • Genral Power of attorney

    GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS THAT I, __________ S/o. / W/o. aged ______ about years, residing at No.___________ do hereby nominate, appoint constitute and appoint Sri./Smt. ______________________  S/o. /W/o. aged about _____ years residing at ______________________as my true and lawful power of attorney holder to do the following acts, deeds and things on my behalf and in my name in respect of the schedule property. Whereas, the sole and absolute owner in and possession of the schedule property, which is self-acquired property. Whereas, I am being unable to maintain manage and look after the affairs of the said property, I hereby appoint the said attorney holder to the following acts, deeds and perform things on my behalf and in my name with entire powers thereon. 1. To appear before the authorities of BDA Corporation, Revenue office / Village Panchayath Office, or any other office pertaining to state or central Government or any other office and to represent in all respect. 2. To make payment of taxes, rates, cesses, assessments, to get plan sanction to any competent authority levied by them from time to time on my behalf. 3. To appoint advocate/s, pleader/s, prosecutor/s, or any other competent authority for all purpose. 4. To file cases either civil or criminal in any competent court/s and to complete the proceedings. 5. To apply and to obtain relevant document in respect of the schedule property on my behalf, and to put up any constructions in the schedule property. 6. To sign all documents, papers, agreements, affidavits forms vakalaths, receipts, declarations, etc., and to derive all kind of benefits and profits in respect of the schedule property on my behalf. 7. I have not given any power to this attorney holder to alienate property. I hereby agree to ratify and confirm all and whatsoever that my said attorney shall lawfully do or cause to be done by virtue of this document. SCHEDULE All the piece and parcel of immovable property bearing No.____________* Measuring _______________ Bounded by: - On the East: On the West: On the South: On the North: Stamp duty paid as per law. IN WITNESS WHEREOF I the executant above named has signed to this general power of attorney on this ______day _________ month ________year. WITNESS: EXECUTANT [*Full details of the property number such as Khata number, street/road with reference to the local authority records and boundaries shall be furnished. If the scheduled-A property is a Flat / Apartment, details of the property on which the Flat / Apartment is constructed, flat number, floor number, name of the apartment etc., full details of the schedule -A property to identify shall be furnished.] Download Word Document In English. (Rs.20/-)

  • Personal Guaranty

    Personal Guaranty Whereas, _______ (customer) ____________, (hereinafter called the "Borrower"), desires to transact business with and obtain credit or a continuation of credit from _____ (creditor) _____________________, a state of incorporation corporation (hereinafter called "Creditor''); Whereas, Creditor is unwilling to extend or continue credit to the Borrower unless it receives a guaranty of the undersigned covering the Liabilities of the Borrower to Creditor, as hereinafter defined. Now, therefore, in consideration of the premises and of other good and valuable consideration and in order to induce Creditor from time to time, in its discretion, to extend or continue credit to the unconditionally, to Creditor the payment of all liabilities of the Borrower to Creditor of whatever nature, whether now existing or hereafter incurred, whether created directly or acquired by Creditor by assignment or otherwise, whether matured or unmatured and whether absolute of contingent (all of which are herein collectively referred to as the "Liabilities of the Borrower"). The undersigned agrees that, with or without notice or demand, the undersigned shall reimburse Creditor, to the extent that such reimbursement is not made by the Borrower, for all expenses (including counsel fees) incurred by Creditor in connection with any of the Liabilities of the Borrower or the collection thereof. This guaranty is a continuing guaranty and shall remain in full force and effect irrespective of any interruptions in the business relations of the Borrower with Creditor; provided, however, that the undersigned may be noticed in writing, delivered personally to or received by registered mail by the Credit Manager of Creditor at Creditor's Address, terminate this guaranty with respect to all Liabilities of the Borrower incurred or contracted by the Borrower or acquired by Creditor after the date on which such notice is so delivered or received. All monies available to Creditor for application in payment or reduction of the Liabilities of the Borrower may be applied by Creditor in such manner and in such amounts and at such time or times as it may see fit to the payment or reduction of such of the Liabilities of the Borrower as Creditor may elect, and the obligations pursuant to this guaranty shall not be affected by any surrender or release by the Borrower of any other security held by it for any claim hereby guaranteed. The undersigned hereby waives (a) notice of acceptance of this guaranty and of extensions of credit by Creditor to the Borrower (b) presentment and demand for payment of any of the Liabilities of the Borrower (c) protest and notice of dishonor or default to the undersigned or to any other party with respect to any of the Liabilities of the Borrower; (d) all other notices to which the undersigned might otherwise be entitled; and (e) any demand for payment under this guaranty. This is a guaranty of payment and not of collection and the undersigned further waives any right to require that any action be brought against the Borrower or any other person or to require that: resort be had to any security Or to any balance of any deposit account or credit on the books of Creditor in favor of the Borrower or any other person. No delay on the part of Creditor in exercising any rights hereunder or failure to exercise the same shall operate as a waiver of such rights; no notice to or demand on the undersigned shall be deemed to be a waiver of the obligations of the undersigned or of the right of Creditor to take further action without notice or demand as provided herein; not in any event shall any modifications or waiver of the provisions of this guaranty be effective unless in writing nor shall any such waiver be applicable except in the specific instance for which given. This guaranty is, and shall be deemed to be, a contract entered into under and pursuant to the laws of the state of ___ (your location)___  and shall be in all respects governed, construed, applied and enforced in accordance with the laws of said State, and no defense given or allowed by the laws of any other state shall be interposed in any action hereon unless defense is also given or allowed by the laws of the State of __ (borrower’s location) . By:           _______________________________________                        (Name of Guarantor) Address:  ____________________________________________________                 ____________________________________________________   Repeat guarantors as necessary Witness:  _____________________________________________ Download Word Document In English. (Rs.20/-)

  • Contract of an Advertising Agency

    Contract of an Advertising Agency Download Word Document In English. (Rs.60/-) AGREEMENT  By and Between  [name and address of advertising agency] (“Agency”),  AND [name and address of client] (“Client”). 1. Appointment Client appoints Agency as Client’s [exclusive]lxx advertising agency in connection with the products and/or services of Client described in Schedule 1, attached hereto, for a term (“Term”) as hereinafter provided. 2. Scope of Advertising Services Agency will provide Client with the advertising services provided in Schedule 2, attached hereto. Should Client request Agency to perform additional services beyond what is provided in Schedule 2, Agency and Client will negotiate in good faith with respect to the terms, conditions, and compensation for such additional services. lxxi Any agreement for additional services will be set forth in writing and considered an addendum to this Agreement. 3. Ownership All campaigns, trademarks, service marks, slogans, artwork, written materials, drawings, photographs, graphic materials, film, music, transcriptions, or other materials that are subject to copyright, trademark, patent, or similar protection (collectively, the “Work Product”) produced by Agency are the property of the Client provided: (1) such Work Product is accepted in writing by the Client within twelve (12) months of being proposed by Agency; and (2) Client pays all fees and costs associated with creating and, where applicable, producing such Work Product. Work Product that does not meet the two foregoing conditions shall remain Agency’s property. Notwithstanding the foregoing, it is understood that Agency may, on occasion, license materials from third parties for inclusion in Work Product. In such circumstances, ownership of such licensed materials remains with the licensor at the conclusion of the term of the license. In such instances, Client agrees that it remains bound by the terms of such licenses. Agency will keep Client informed of any such limitations. 4. Term The term of this Agreement shall commence on the date provided in Schedule 1 (“Commencement Date”) and shall continue until terminated by either party upon ninety (90) days’ prior written notice (“Notice Period”), provided that this Agreement may not be terminated effective prior to the expiration of twelve (12) months from the Commencement Date. lxxiii Notice shall be deemed given on the day of mailing or, in case of notice by telegram, on the day it is deposited with the telegraph company for transmission. During the Notice Period, Agency’s rights, duties, and responsibilities shall continue. Upon termination, Agency will transfer and/or assign to Client: (1) all Work Product in Agency’s possession or control belonging to Client, subject, however, to any rights of third parties; and (2) all contracts with third parties, including advertising media or others, upon being duly released by Client and any such third party from any further obligations. Client recognizes that Agency is a signatory to certain union agreements covering talent used in broadcast materials, which generally cannot be assigned except to signatories to such collective bargaining agreements governing the services rendered by such talent.lxxiv 5. Compensation and Billing Procedure Agency will be compensated and Client will be billed as provided in Schedule 3, attached hereto. 6. Confidentiality and Safeguard of Property Client and Agency respectively agree to keep in confidence, and not to disclose or use for its own respective benefit or for the benefit of any third party (except as may be required for the performance of services under this Agreement or as may be required by law), any information, documents, or materials that are reasonably considered confidential regarding each other’s products, business, customers, clients, suppliers, or methods of operation; provided, however, that such obligation of confidentiality will not extend to anything in the public domain or that was in the possession of either party prior to disclosure. Agency and Client will take reasonable precautions to safeguard property of the other entrusted to it, but in the absence of negligence or willful disregard, neither Agency nor Client will be responsible for any loss or damage. 7. Indemnities Agency agrees to indemnify and hold Client harmless with respect to any claims or actions by third parties against Client based upon material prepared by Agency, involving any claim for libel, slander, piracy, plagiarism, invasion of privacy, or infringement of copyright, except where any such claim or action arises out of material supplied by Client to Agency.lxxv Client agrees to indemnify and hold Agency harmless with respect to any claims or actions by third parties against Agency based upon materials furnished by Client or where material created by Agency is substantially changed by Client. Information or data obtained by Agency from Client to substantiate claims made in advertising shall be deemed to be “materials furnished by Client.” Client further agrees to indemnify and hold Agency harmless with respect to any death or personal injury claims or actions arising from the use of Client’s products or services. 8. Commitments to Third Parties All purchases of media, production costs, and engagement of talent will be subject to Client’s prior approval. Client reserves the right to cancel any such authorization, whereupon Agency will take all appropriate steps to effect such cancellation, provided that Client will hold Agency harmless with respect to any costs incurred by Agency as a result. If at any time Agency obtains a discount or rebate from any supplier in connection with Agency’s rendition of services to Client, Agency will credit Client or remit to Client such discount or rebate. For all media purchased by Agency on Client’s behalf, Client agrees that Agency shall be held solely liable for payments only to the extent proceeds have cleared from Client to Agency for such media purchase; otherwise, Client agrees to be solely liable to media (“Sequential Liability”). Agency will use its best efforts to obtain agreement by media to Sequential Liability.lxxvi 9. Amendments Any amendments to this Agreement must be in writing and signed by Agency and Client. 10. Notices Any notice shall be deemed given on the day of mailing or, if notice is by telegram, e-mail, or fax, on the next day following the day notice is deposited with the telegraph company for transmission, or e-mailed or faxed. 11. Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties do business. In the event that the Parties do business in different States and/or Countries, this Agreement shall be governed by _________ law. IN WITNESS WHEREOF, Agency and Client have executed this Agreement. [AGENCY] By: Name: Title:  [CLIENT] By: Name: Title: Endnotes: lxx Depending upon the nature of the relationship, an agency may be appointed as an advertiser’s exclusive advertising agency in general or connection with a particular assignment. While such exclusivity is not common, it is appropriate in some instances. lxxi It is important that the advertising agency and advertiser understand the scope of the services to be provided. If appropriate attention is not paid to this issue, advertisers may find themselves quite disappointed at what the advertising agency is willing or capable of doing within the compensation structure. lxxii Ownership of creative is a major issue, particularly creative that is either rejected or not used by the advertiser. Some advertisers, particularly when they are paying the agency on a fee basis as opposed to a media commission basis, take the position that everything presented to the advertiser, whether accepted or used, is owned by the advertiser. Advertising agencies, on the other hand, contend that their stock in trade is ideas and their execution. If rejected or not used by an advertiser, the creative should therefore be owned by the advertising agency. This form attempts to reach a compromise. Whether such a compromise is appropriate in a particular deal will depend upon the needs of the respective parties. lxxiii There is some question whether a ninety day cancellation period or a one year minimum term is standard. Depending upon the nature and complexity of the assignment, however, such terms may be appropriate. Caution must be exercised by both parties with regard to the cancellation period to be certain that work in process can be completed in the time frame provided. In that regard, ninety days is generally regarded as an appropriate period, although it is not unusual to see sixty or even forty five day periods. The one year minimum is appropriate where there is a considerable lead time before advertising will be produced or where an advertising agency must make a significant investment in materials, equipment, and personnel to properly service the advertiser. A minimum term of one year may be necessary to insure a proper ramp up and return on investment for the advertising agency. lxxiv Not all advertising agencies are signatory to union agreements dealing with the employment of actors in commercials. Where an advertising agency is not a signatory, this paragraph should be eliminated. lxxv The indemnity in this form generally follows the insurance coverage available to advertising agencies. Some advertisers demand a broader indemnity. While such a demand may seem prudent, one must remember that most advertising agencies are small businesses that can afford only just so much insurance. Significant claims beyond their insurance coverage will more likely than not bankrupt the advertising agency. Therefore, an advertiser must be realistic in its indemnity demands. lxxvi This is a somewhat controversial provision. “Sequential Liability” is not an established legal principle. It is a concept adopted by the American Association of Advertising Agencies in the 1990’s. A significant portion of the media industry has rejected the concept, taking the position that the advertising agency and advertiser are jointly and severally liable ( a concept that is similarly rejected by the advertising industry).    Schedule 1: Products/Services Assigned to Agency   Schedule 2: Commencement Date and Scope of Services I. Commencement Date: [supply] II. Scope of Serviceslxxvii A. Study Client’s products or services; B. Analyze Client’s present and potential markets; C. Create, prepare, and submit to Client for approval, advertising ideas and programs; D. Employ on Client’s behalf, Agency’s knowledge of available media and means that can be profitably used to advertise Client’s products or services; E. Prepare and submit to Client for approval, estimates of costs of recommended advertising programs; F. Write, design, illustrate, or otherwise prepare Client’s advertisements, including commercials to be broadcast, or other appropriate forms of Client’s message; G. Order the space, time, or other means to be used for Client’s advertising, endeavoring to secure the most advantageous rates available; H. Properly incorporate the message in mechanical or other form and forward it with proper instructions for the fulfillment of the order; I. Check and verify insertions, displays, broadcasts, or other means used, to such degree as is usually performed by advertising agencies; and J. Audit invoices for space, time, material preparation, and services. Endnotes: lxxvii This is a relatively comprehensive list of potential advertising agency services and should be reviewed and edited according to the nature of the relationship and assignment.   Schedule 3: Compensation and Billing Procedures I. Compensationlxxviii A. Client will pay a [monthly]lxxix fee of $__________ in consideration of the advertising services performed by Agency. Such fee shall be deemed a nonrefundable advance against commissions to be received by Agency as follows: (1) On all media purchased by Agency, Agency shall bill Client at the published card rates, or negotiated rates, as may be applicable. If no agency commission, or less than [insert amount] percentlxxx ([insert amount]%) agency commission (the “Commission Rate”), is granted or allowed on any such purchases, Client agrees that Agency may invoice Client an amount which, after deduction of Agency’s cost, will yield Agency the aforesaid Commission Rate of such amount as Agency commission. During the Notice Period following notice of termination, Agency will be entitled to commissions on all orders of advertising in print media whose published closing dates fall within the Notice Period and of broadcast media where the air dates fall within the Notice Period, regardless of who may place such orders. (2) With respect to the engagement of talent, Agency shall bill Client the authorized engagement rate, plus any taxes, insurance, pension and health fund contributions, etc. applicable thereto, plus an amount which, after deduction of Agency’s cost, will yield Agency the Commission Rate on such amount as Agency commission. (3) On broadcast production, artwork, engravings, type compositions, and any and all art and mechanical expenses incurred by Agency pursuant to Client’s authorization, Agency shall invoice Client an amount which, after deduction of Agency’s cost, will yield Agency the Commission Rate on such amount as Agency commission. (4) Advances against commissions will be reconciled against commissions actually received on a (monthly, quarter-annual, or other) basis. Agency will issue the appropriate credit or debit invoices. B. Client agrees to reimburse Agency for such cash outlays as Agency may incur, such as forwarding and mailing, telephoning, telegraphing, and travel, in connection with services rendered in relation to Client’s account. II. Billing and Payment Procedures A. Agency will invoice Client for all media and third-party costs sufficiently in advance of the due date to permit payment by Client to Agency in order to take advantage of all available cash discounts or rebates. B. The cost of production materials and services shall be billed by Agency upon completion of the production job, or upon receipt of supplier invoice prior thereto. C. On all outside purchases other than for media, Agency will attach to the invoice proof of billed charges from suppliers. D. All invoices shall be rendered on or about the first day of each month and will be payable the tenth day of the month. E. Invoices shall be submitted in an itemized format. Interest will be charged on overdue invoices at a rate of [insert amount] percent ([insert amount]%) per annum, or the maximum permitted by law, whichever is less. Endnotes: lxxviii This form assumes a compensation method whereby the advertising agency receives a minimum monthly fee against which commissions are applied. This is a relatively common manner in which to compensate an advertising agency. There are, however, many variations of this theme, e.g., fee only, hourly rates, incentive, or commission only and just about any combination thereof. lxxix While monthly is common, the period of payment can be longer, e.g., quarterly. lxxx 15% is a common commission paid, although the rate is under constant challenge and can no longer be described as the “norm”. It is not uncommon to see commissions as low at 10%. Advertisers that are paying on commission must be realistic and be certain that their commission rate affords the advertising agency an appropriate profit margin to insure that the quality of the work is not adversely affected by a losing relationship.

  • Share-Certificate

    SHARE CERTIFICATE Certificate No Class No of Shares [INSERT NUMBER] [INSERT CLASS, I.E. ‘ORDINARY’] [INSERT NUMBER] Company Name: [INSERT NAME] Company Number: [INSERT NUMBER] This is to certify that [INSERT FULL NAME OF SHAREHOLDER] of [INSERT RESIDENTIAL ADDRESS] is the registered holder of [INSERT NUMBER AND CLASS] shares of $ [INSERT NOMINAL VALUE OF SHARES]  each in the above named company subject to the memorandum and articles of association of the company This certificate was authorised by: Directors ______________________________ Secretary _______________________________    ______________________________             Date  _______________________________ Download Word Document In English. (Rs.15/-)

  • REVOCATION OF POWER OF ATTORNEY

    REVOCATION OF POWER OF ATTORNEY 1. IDENTIFY Principal and Attorney-in-Fact: Principal: Name Address of Residence  City State Zip Code  D/O/B Agent /Attorney-In-Fact: Name Address of Residence City State Zip Code  D/O/B 2. REVOCATION by Principal: I, of , city of , in (Principal's printed name)  (Principal's Street Address) the County of , State of , (Zip Code) hereby revoke the Power of Attorney dated , 20 , given to, and empowering to act in my behalf as my true and lawful (Name of Attorney-in-Fact) Attorney in Fact to handle my affairs. I declare that all power and authority granted under said Power of Attorney is here by revoked and withdrawn, and Attorney in Fact no longer has the authority to act in my behalf in any matter. ______________________________ ________, 20 Principal Signature Date 3. SIGNATURE of WITNESS: ___________________________________________________ (Printed Name of Witness) ___________________________________________________ (Signature of Witness) ___________________________________________________ (Address of Witness) ___________________________________________________ (City, state & zip code of Witness) 4. NOTARIZATION: STATE OF COUNTY OF Subscribed, sworn to or affirmed, and acknowledged before me by ____________________, the principal, and subscribed and sworn to or affirmed before me by ______________________________, witness, this ______ day of ____________. (notary seal) Notary Public Download Word Document In English. (Rs.20/-)

  • Summons in Summary Suit on Negotiable Instrument

    Summons in Summary Suit on Negotiable Instrument (O.37, R.2) (Title) To. WHEREAS ............[Name, description and place of residence.] has instituted a suit against you under Order XXXVII of the Code of Civil Procedure, 1908, for Rs., balance of principal and interest due to him as the of a of which a copy is hereto annexed. You are hereby summoned to obtain leave from the Court within ten days form the service hereof to appear and defend the suit, and within such time to cause an appearance to be entered for you. In default whereof the plaintiff will be entitled at any time after the expiration of such ten days to obtain a decree for any sum not exceeding the sum of Rs.............., and the sum of Rs............for costs {Ins. by Act 30 of 1926, s.4.} [Together with such interest, if any, form the date of the institution of the suit as the Court may order]. Leave to appear may be obtained on an application to the Court supported by affidavit or declaration showing that there is a defence to the suit on the merits, or that it is reasonable that you should be allowed to appear in the suit. GIVEN under my hand and the seal of the Court, this ..........day of........... 19.......... Judge. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Partnership

    Partnership (Title) A.B., the above-named plaintiff, states as follows:- 1.     He and C.D., the defendant, have been for year [or months] past carrying on business together under articles of partnership in writing [ or under a deed, or under a verbal agreement ]. 2.     Several disputes and differences have arisen between the plaintiff an defendant as such partners whereby it has become impossible to carry on the business in partnership with advantage to the partners.[ Or the defendant has committed the following breaches of the partnership articles:- 3.       [ As in paras.4 and 5 of Form No.1.] 5.     The plaintiff claims - 1.     dissolution of the partnership; 2.     that accounts be taken; 3.     that a receiver be appointed. ( N.B.- In suit for the winding-up of any partnership, omit the claim for dissolution; and instead insert a paragraph stating the facts of the partnership having been dissolved.) Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.15/-)

  • Money Overpaid

    Money Overpaid A.B., the above-named plaintiff, states as follows:- On the day of 19, the plaintiff agreed to buy and the defendant agreed to sell bars of silver at annas per tola of fine silver. The plaintiff procured the said bars to be assayed by E.F., who was paid by the defendant for such assay, and E.F. declared each of the bars to contain 1,500 to las of fine silver, and the plaintiff accordingly paid the defendant rupees. Each of the said bars contained only 1,200 to las of fine silver, of which fact the plaintiff was ignorant when he made the payment. The defendant has not repaid the sum so overpaid. [As in paras.4 and 5 of Form No.1, and Releif claimed.] Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • BOND TO BE GIVEN BY RECEIVER

    BOND TO BE GIVEN BY RECEIVER   (Order 40, Rule 3, Code of Civil Procedure) (Form No. 10 Appendix F, CPC) In the court of .......... Suit No . of A                                                  Planntiff                     versus B                                          Defendant   KNOW ALL MEN BY THESE PRESENTS  that we . and............and are jointly and severally bound to of the court of  in Rs ………..to be paid to the said or his successor in office for the time being for which payment to be made we bind ourselves and each of us in the whole, our and each or our heirs, executors and administrators, jointly and severally by these presents  Dated this day of ……20…….   WHEREAS  a plaint has been filed in this court by against ......... for the purpose of   AND WHEREAS  the said ……..has been appointed by order of the above mentioned court, to receive the rents and profits of the immovable property and to get in the outstanding movable property of........ in the said plaint named.   NOW THE CONDITION OF THIS  obligation is such, that if the above bounden shall duly account for all and every the sum and sums of money which he shall so receive on account of the rents and profits of the immovable property, and in respect of the movable property of the said at such periods as the said court shall appoint and shall duly pay the balances which shall from time to time be certified to be due from him as the said court hath directed or shall hereafter direct, then this obligation shall be void, otherwise it shall remain in full force.   WITNESSES 1. Signed and dowered by the above bounden 2 Signed and dowered by the above bounden Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • DEED OF TRUST

    DEED OF TRUST Download Word Document In English. (Rs.50/-) This DEED OF DECLARATION OF TRUST executed at on this day of by hereinafter called as AUTHOR OF THE TRUST which expression shall wherever the context so permits mean and include its successors –in-office of the ONE PART AND.  WHEREAS the AUTHOR OF THE TRUST decided to create and establish a Trust to make research in Alternative Medicine and Acupuncture for the welfare of the community at large without discrimination of caste. creed etc with objects and constitution as hereinafter set forth;  WHEREAS the said objects in view, the AUTHOR OF TRUST have decided to endow the said TRUST a nucleus of $___________________ (________________ only) in cash; and  WHEREAS it is necessary and desirable to declare and constitute the said Trust and to record the objects and constitution of the said Trust.  NOW THIS DEED OF DECLARTION OF TRUST WITNESSETH AS FOLLOWS; 1.TRUSTEES mean and include the Board of Trustees as described in these presents, and these Trustees, as appointed, nominated or selected by the remaining members of the Board of Trust whenever any vacancy arises. 2.CREATION OF THE TRUST: In pursuance of the intention, the AUTHOR OF TRUST has settled the sum of $_____ by cash unto and in favour of the Trustees herein to be held by them for and on behalf of the Trust hereby created and known as “                          ” the receipt of which sum of $_____________ which has already been handed over to the Trustees mentioned hereunder, is hereby acknowledged by the Trustees, who hereby accept the appointment as such Trustees of the said Trust, under the terms and conditions, set out hereunder for the fulfillment of the objects of the Trust, more fully and particularly described and set out hereunder. 3. REGISTERED OFFICE OF THE TRUST: The registered office of the Trust is situated at present at No. 4.TRUSTEES: The AUTHOR OF THE TRUST has appointed the following persons to hold the office of the Trust as Trustees:  5.1. MOTTO OF THE TRUST: The Motto of the Trust is 5.2. OBJECTS OF THE TRUST: The objects of the Trust are. - 5.3. BENEFIT OF THE TRUST: The Benefits of the Trust are open to all irrespective of Caste, religion, race, sex etc. That the Trust will not carry on any activities with an intention of earning profit. 6. THE PROPERTIES OF THE TRUST The properties of the Trust shall be. -  (a) the said sum of Rs. above referred to the receipt of which is hereby acknowledged by the Trustees.  (b) any properties movable or immovable, that may be acquired by the Trust either by purchase or otherwise.  (c) all additions and acceptations to the Trust fund.  (d) all voluntary donations both towards corpus or otherwise gifts, legacies or grants in cash or in kind accepted by the trustees.  (e) all grants and contributions made to the Trust by the Government, Government bodies, Trust or Institutions, Trade Union or Societies etc; and  (f) all sums and assets which by and means become the property of the Trust. 7. QUALIFICATION OF THE TRUSTEES:  The qualification for the trustees shall be a) One Trustee shall possess qualification in alternative medicine or acupuncture. b) One may be Specialist in yoga therapy. c) Other trustees shall be social workers or professionals in the field of medicine or accounts or law. 8. CESSATION OF TRUSTEESHIP:  A Trustee mentioned below shall cease to be the trustee of the Trust if:-  (a) he resigns.  (b) he becomes insolvent. (c) He is removed by the majority of the members of the, if it is found that the trustee(s) activities are detrimental to the activities or administration or funds of the Trust 9.APPOINTMENT OF TRUSTEES:  Any vacancy in the Board of Trustees shall be filled up by the remaining members of the Trust selecting a suitable person. 10. ADMINISTRATION OF THE TRUST;  The administration of the TRUST shall vest with the Board of Trustees, which consist of.- a) One Managing Trustee; b) One Joint Managing Trustee; c) One Deputy Managing Trustee and three trustees 11. POWER OF THE TRUSTEES; The Board of Trustees shall have the control and management of the Trust and exercise the following powers: a) To determine from time to time to commence and to take up the object and purposes for which the funds of the trust shall be used and allot and allocate to each of the objects such portion of the funds as they deem fit; b) To purchase and acquire any immovable property of any kind for this object of the Trust or as a source of income for the Trust; c) To sell, mortgage, or dispose of any immovable property/properties belonging to the Trust; d) To incur all expenditure necessary as in their own opinion useful for carrying out the objects and administration of the trust; e) To sell, lease, mortgage or dispose of any property, immovable property/properties belonging to the Trust’ f) To open one or more bank accounts of the trust with any bank or banks as the Trustees may deem fit and deposit monies of the Trust in the Bank accounts. g) To borrow for and on behalf of the Trust with or without security from banks, Governments, Universities or any other government Body/bodies both central and state; h) to employ staff of all kinds necessary and useful for carrying out the objects of the trust. i) To incur such other items of expenditure as is necessary and incidental for carrying out the objects of the Trust; j) To institute, conduct, defend, compound, withdraw, compromise, adjust, refer to arbitration or to do such things as are incidental and necessary, concerning the affairs of the Trust and to sign and verify vakalats, pleadings, affidavits and other powers’ k) To delegate all or any of the powers vested in the Trustees to any body’ to frame rules, bylaws and other codes for the conduct of the affairs of the Trust and its transactions and establishing any Committee; l) To accept contributions in cash or in kind either by way of addition to the trust funds generally or for any one or more of the specified objects of the Trust.  m) To establish as many adhoc committees for any purpose. 12. Meetings of the Trustees: a) The Managing Trustee shall preside over all the meetings of the trustees and in his absence the Joint Managing Trustee shall preside such meeting and in the absence of both, the trustees attended such meeting may elect any one of them to preside over the meeting; b) The meetings of the Trustees may be convened by the Managing Trustee or under his direction by any other Trustees c) The quorum of the meeting of the Trustees shall be four personally present. d) In the event of equality of votes, the person presiding such meeting shall exercise casting vote (additional vote). 13. RESOLUTIONS: a) The Trustees may exercise all the powers vested in them in clause 9 under these presents by resolution passed at a simple majority of the trustees attended such meetings of the Board of Trustees. b) Any resolution in writing signed by all Trustees holding office for the time being shall be valid and binding. 14. SUITS: The Managing Trustee of the Trust is authorized to sue or to be sued on behalf of the Trust. 15. Execution of Documents: All Deeds, Documents etc. shall be executed by the Managing Trustee, Joint Managing Trustee and Deputy Managing Trustee jointly representing the Trust. 16. ACCOUNTS AND AUDIT: a) The Trustees shall maintain true and correct accounts of all Trust monies and of all the income and investments and all the outgoing expenses. b) The year of account shall be the financial year commencing from 1st APRIL and ending 31st March. c) The Trustees shall each year issue a report setting out the accounts showing the income and expenditure of the Trust for the preceding year not later than six months from the end of the preceding year of accounts. d) The accounts of the Trust shall be audited every year by a Chartered Accountant who may be appointed for the purpose by the board of Trustees and the audited statement of accounts together with Auditors’ report shall be laid before the Board of Trustees for approval. 17. BANK ACCOUNT: The Managing Trustee along with the Deputy Managing Trustee shall operate bank account(s) jointly. 18. POWER TO ALTER RULES AND REGULATIONS: The Board of Trustees shall have full power and authority to make, alter and rescind rules and regulations for the management and administration of the Trust. Any amendment to the Trust Deed will be carried out only with the approval of the Commissioner of Income Tax. 19. APPLICATION OF INCOME AND TRUST FUND: The Board of Trustees shall be empowered to invest the funds of the Trust in movable or immovable properties, in such manner as they deem fit for the purpose of the objects of the trust provided that such investments shall be in accordance with the provision of Section 13(I) read with Section 11(5) of the Income Tax Act, 1961 as well as of any other law for the time being in force as are applicable to charitable trusts. 20. REMUNERTION TO THE TRUSTEES:  The Trustees are not entitled for any remuneration. But they shall however be entitled to receive out of pocket expenses incurred by them in the course of discharging the functions of the Trust. Further the Income and funds of the Trust will be solely utilized towards the objects and no portion of it will be utilized for payment of Trustees by way profits, interest, dividend or otherwise. 21. INDEMNITY:  Every Trustee shall be indemnified out of the fund in respect of any loss arising from or contingent upon any investment made out of the monies of the Trust unless such loss shall have been occasioned by own negligence and also every Trustee shall be indemnified out of the Trust against all proceedings, suits, claims, costs, damages and expenses occasioned by any claim in connection with the matters or affairs relating to the Trust created by these presents or in the exercise of powers or discretion vested in them by virtue of these presents.  22. IRREVOCABILITY: The Trust is irrevocable. 23. ACTIVITIES OF THE TRUST: The activities of the Trust shall be only within India and its Union territories and shall not be extended anywhere outside India. 24. DISSOLUTION: On dissolution of the Trust, the net assets of the Trust shall be transferred to an association of persons or trust or society having similar objects of this Trust. 25. PROCEEDING OF THE TRUST:  Any defect in the constitution of the Trust shall not invalidate its proceedings  26. RESIDUARY: For matters not provided for in these presents, the provisions of the Indian Trust Act and the Income Tax Act,1961 and rules made there under will apply accordingly.  IN WITNESS WHEREOF THE AUTHOIR OF THE TRUST HAS SET HIS HAND AND SIGNATURE ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN IN THE PRESENCE OF  WITNESSES: -  AUTHOR OF THE TRUST Drafted by:

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