GURANTEE BY DIRECTOR TO THE BANK  To ________________ Bank  Dear Sir,  I the undersigned as Director of _________________________________________ Ltd. company of incorporated under the Companies Act, 1956 and having its registered office at _________________________________ (Referred after it  as "Company") hereby execute this letter of guarantee. A credit overdraft to the extent of Rs. _______________ has been granted/ proposed to be granted to the Company per our request by the bank. We the Directors of the Company, also guarantee to you paying all moneys, not exceeding Rs. __________________ as due to you in future from the Company as depicted in the balance their account. The balance as stated here would include all interest, commission and other charges and expenses which you may in the course of your business charge in respect of any discount or advanced to the said company or otherwise. Further we to consent as follows: 1. This guarantee shall be enforceable and existing despite the fact if total amount Rs. _________ is advanced to the Company or only a portioned of the same. 2. This guarantee shall be a running guarantee.  3. Any negligence or forbearing by the bank in enforcing payment of any moneys against the Company, which is desired to be hereby secured or granting of time for paying thereof shall not in any way release us, the directors Company, of our liability under this guarantee.  4. We, as directors of Company jointly and severally shall be liable under this guarantee only to the limit of the sums as given in the Annexure enclosed hereto.  5. During the prevalence of this guarantee, if any of the directors dies or ceases to be a director of the Company and the Company is unable to substitute satisfactory guarantors in their place, the Company in that case shall pay to you the amount relating to such director. You shall accept this payment as made per this clause, in full satisfaction of all claims against such director concerning this guarantee.  Date:  Place:  __________ (Signature of the director with name)  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

PERFORMANCE BANK GUARANTEE  Bank Guarantee No.: ____________  Dated : ____________  1. In consideration of the Bharat Sanchar Nigam Limited (hereinafter called “the Owner”) having agreed to exempt……………………………………………………………………………(hereinafter called the said Contractor(s)) from the demand under the terms and conditions of an Agreement……………………………………………………………………………….……………(hereinafter called “the said Agreement”), of security deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said Agreement. We, …………………………………………………………………………(hereinafter referred to as “the Bank”) at the request of ………………………………………………………………………..(contractor(s)) do hereby undertake to pay the owner an amount not exceeding Rs………………….……… against any loss or damage caused to or suffered or would be caused to or suffered by the Owner by reason of any breach by the said contractor(s) of any of the terms or conditions contained in the said Agreement. 2. We, …………………………………………………………………………………..…………..(Name of the Bank) do hereby undertake to pay the amount due and payable under this Guarantee without any demur, merely on a demand from the Owner stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Owner by reason or breach by the said contractor(s) of any of the terms or conditions contained in the said Agreement or by reason of the contractor(s) failure to perform the said Agreement during the currency of Guarantee. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee where the decision of the Owner in these counts shall be final and binding on the Bank. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs………. 3. We undertake to pay to the Owner any money so demanded notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any court or Tribunal relating thereto our liability under this present being absolute and un-equivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment thereunder & the Contractor(s)/supplier(s) shall have no claim against us for making such payment. 4. We, ………………………………………………………………………….…………..(Name of the Bank) further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the Owner under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till Owner, certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before the expiry of …………………………………………..…………….(write time period) from the date hereof, we shall be discharged from all liability under this Guarantee thereafter.  5. We, …………………………………………………………………………………..…………………(Name of the Bank) further agree with the Owner that the Owner shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the Agreement to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Owner against the said contractor(s) and to forebear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of Owner or any indulgence by the Owner to the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision have effect of so relieving us. 6. This Guarantee will not be discharged due to the change in the Constitution of the Bank or the Contractor(s)/Supplier(s). 7. We, …………………………………………………………………………………………………….……(Name of the Bank) lastly undertake not to revoke this Guarantee during its currency except with the previous consent of the Owner in writing.  8. Notwithstanding anything contained hereinabove, our liability under this guarantee is restricted to an amount of Rs………………………… only and it will remain in force up to__________________________._________ and shall be extended from time to time for such periods as may be advised by…………………………………………………………………………………………………... (Name of the Contractor) on whose behalf, this guarantee has been given. We are liable to pay the Guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before ______________date of expiry of Guarantee). Dated…………….. Day of …………  For………………………………….  Download Word Document In English. 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GUARANTEE FOR REPAYMENT OF LOAN  To  ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,  Dear Sirs,  I, the undersigned, in my capacity as managing proprietor, duly authorised, of the registered partnership firm of _____________________________ of ________________________ Road ____________________ (or simply, I, the undersigned, resident, of _________), hereby undertake to pay you a sum of Rupees _________________ which you have this day advanced under a pronote, dated _____________ (or for the goods supplied by you at my request) to ,………..,,,,,,,,,,,,,,. of etc., I also undertake to pay all interest due on the above sum from today till final payment at the rate of _________ per cent per annum.  This guarantee shall be enforceable by you in the event of non-payment of the debt (or price of goods) by BB. within a period of two weeks from today and I shall be liable to pay the aforesaid amount plus interest within _________ days after notice in writing has been served upon me (or my firm) at the address herein given. This guarantee shall not be affected by your granting any time, your forbearance to enforce payment or any other indulgence granted by you to ………………….. or such consideration to which the said BB. may in law be entitled to.  Dated at _________ this the _________ day of _________, 20 _________  Yours faithfully,  Sd. ……………….aa  (Give full address and description of aa.) Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Form of First Information Report   To The Officer-in-Charge ...................................  (Name of the Police Station)  Sir This is to inform you that my cycle has been stolen from the cycle stand in the daily market last evening. Last evening, before I went to the market, I placed my green model Hero Cycle in the cycle stand No. 1 as usual. I had locked the cycle. The cycle bears the No. .........................  I had bought it only a month ago and it was almost new. The cycle had a full gear case, a carrier and a side basket. When such mishap occurred I was buying vegetables in the market. I asked everybody who were present there about the cycle. It was all in vain. I request you to kindly register a case of theft and initiate the necessary investigation to recover the stolen cycle.  Yours faithfully, ________  (Your Name)  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

BANK GUARANTEE  B.G. No________________________  Date:__________________________  M/s. PM……………………………………………..  Dear Sirs.  In consideration or M/s. PM…. having its registered office at _________________________________ having agreed to pay M/s. CM having its registered office at _________________________________ (hereinafter called the "Contractor") an advance amount of Rs _______________ under the terms and conditions of the contract No ___________________ dated ___________________ for the supply, of work, (hereinafter called the "Contract") for the due fulfillment by the contractor of the terms and conditions contained in the Contract on production of a Bank Guarantee of Rs_____________ We, the Bank ____________________ hereinafter called the "Bank", at the request of the contractor do hereby undertake to pay to M/s. PM on receipt of their written demand an amount not exceeding Rs __________________ against any loss or damage caused to or suffered or would be caused to or suffered by M/s. PM… by reason of any breach by the contractor of any of terms and conditions contained in the contract.  We, the Bank, do hereby undertake to pay to M/s.PM.the amounts due and payable under this Guarantee, without any demur, merely on receipt of a written demand from M/s. PM… stating that the amount claimed is due by way of loss or damage caused to or suffered or would be caused or suffered by M/s. PM..by reason of breach by the contractor of any of the terms and conditions contained in the contract or by reason of the contractor's failure to perform the said contract. Any such demand made on the Bank on or before _____________________ shall be conclusive as regards the loss or damage and the quantum of amount due and payable under this guarantee, subject however, our liability under the Guarantee shall be restricted to an amount not exceeding Rs______ We, the Bank, undertake to pay to M/s. PM. any money so demanded notwithstanding any dispute or disputes raised by the Contractor in any suit or proceeding including Arbitration proceedings pending before any Court of Tribunal relating thereto and our liability under these presents being absolute, unequivocal and irrevocable.  The payment so mad by us under this Guarantee shall be a valid discharge of our liability for payment there under and the Contractor shall have no claim against us for making such payment. We, the Bank, undertake not to revoke this guarantee during the currency of this guarantee except with the previous consent of M/s. PM in writing.  Notwithstanding anything contained hereinabove:  1. The liability under this Bank Guarantee shall not exceed Rs ______  2. This Bank Guarantee shall be valid up to______ .and  3. The Bank is liable to pay guarantee amount or any part thereof under this bank Guarantee under and only if M/s. PM serves upon us a written Claim or Demand on or before ______. Date: ______ Place: ______  SEAL: Download Word Document In English. (Rs.20/-)

BANK GUARANTEE  B. G.No _____  Date:_____ M/s. ______  Dear Sirs.  In consideration or M/s. ________________________________________ having its registered office at __________________________________________________________ having agreed to pay M/s. _____________________________________________________________ having its registered office at __________________________________________________________(hereinafter called the "Contractor") an advance amount of Rs. ___________ under the terms and conditions of the contract No. _________________ dated _______________ for the supply, of work, (hereinafter called the "Contract") for the due fulfillment by the contractor of the terms and conditions contained in the Contract on production of a Bank Guarantee of Rs. _____ We, the Bank _____________________ hereinafter called the "Bank", at the request of the contractor do hereby undertake to pay to M/s. ______________________________________________ on receipt of their written demand an amount not exceeding Rs. ____________ against any loss or damage caused to or suffered or would be caused to or suffered by M/s. _____________________________________ by reason of any breach by the contractor of any of terms and conditions contained in the contract. We, the Bank, do hereby undertake to pay to M/s. ___________________________________________ the amounts due and payable under this Guarantee, without any demur, merely on receipt of a written demand from M/s. __________________________________________________________ stating that the amount claimed is due by way of loss or damage caused to or suffered or would be caused or suffered by M/s.________________________________________________________ _____ by reason of breach by the contractor of any of the terms and conditions contained in the contract or by reason of the contractor's failure to perform the said contract. Any such demand made on the Bank on or before ____________ shall be conclusive as regards the loss or damage and the quantum of amount due and payable under this guarantee, subject however, our liability under the Guarantee shall be restricted to an amount not exceeding Rs. _____________  We, the Bank, undertake to pay to M/s. ____________________________________________ any money so demanded notwithstanding any dispute or disputes raised by the Contractor in any suit or proceeding including Arbitration proceedings pending before any Court of Tribunal relating thereto and our liability under these presents being absolute, unequivocal and irrevocable. The payment so mad by us under this Guarantee shall be a valid discharge of our liability for payment there under and the Contractor shall have no claim against us for making such payment. We, the Bank, undertake not to revoke this guarantee during the currency of this guarantee except with the previous consent of M/s. ______________________________________________ in writing. Notwithstanding anything contained hereinabove:  1. The liability under this Bank Guarantee shall not exceed Rs. _______  2. This Bank Guarantee shall be valid up to ______ and  3. The Bank is liable to pay guarantee amount or any part thereof under this bank Guarantee under and only if M/s. ___________________________________ serves upon us a written Claim or Demand on or  before ________  Date: _____  Place: _____  SEAL:  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

DEED OF CONTINUING  GUARANTEE TO A BANK  This Deed of Guarantee is Made Between  M/s______________________________________ Ltd. having their offices at _________________________________________ (hereinafter called "the Surety" which expression shall unless such an interpretation is contrary to the context, including its heirs and assigns) of the first part And The ______________________________________ Bank, having its head-office at ________________________ (hereinafter called "the Bank" which expression shall unless such an interpretation is contrary to the context, including its heirs and assigns) of the second part. Whereas the M/s_______________________________________ (Principal Debtor) having account with the Bank and Bank shall advance for the accommodation of the Principal Debtor. The Surety guarantees to the Bank for paying of all sums of money as due from Principal Debtor from time to time on the general balance of the said account subject to the agreements hereinafter contained. Now This Deed Witnesseseth and the party’s mutually so consent as follows: 1. That the maximum liability of the Surety shall for all time be restricted to the sum of Rs. __________ with interest thereon @______% per annum. The guarantee so given shall be a running guarantee, which shall not be considered satisfied either wholly or by part by paying at any time after it any sum of money for the time being as due upon such general balance as consented . But same shall be, per aforesaid stated limit, being security for all future sums at any moment as due after it. 2. Neglecting or forbearing by the Bank in enforcing paying any moneys against the Principal Debtor, as intended to be hereby secured or granting of time for the payment thereof shall not in any case release the Surety of his liability under this guarantee.  3. That the guarantee herein before contained shall be ineffective on death of Surety unless within two calendar months of the death of Surety an express notice has been served by the Bank to the Surety’s representatives. It shall not be ineffective by any alteration in constitution of the Bank or in the constitution of the Principal Debtor.  4. That the Principal Debtor shall settled account with the Bank and conclusive evidence against the Surety on amount due on the stated account and surety can not questioned it. In Witness Whereof, the parties have executed this Agreement as of the date first above written. Bank Surety  __________ __________  Date:______  Place:______  Witnesses:  1.  2.  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

GUARANTEETO PAY PRICE OF GOODS  To M/s………………………..Dear Sir,  In consideration of your supplying goods or otherwise giving credit to ……………………………..………... etc. I hereby guarantee the payment of all sums of moneys that may be due to you on that account on demand with interest at _________ per cent per annum till payment but my liability shall not at any time exceed the sum of Rs ____________ with interest at the aforesaid rate. I also agree that this guarantee, which is to be considered as a continuing guarantee not determinable on any payment or payments, shall continue in force in spite of any change in the constitution of your firm and in spite of your granting to BB. etc. time or any other such indulgence, and shall not determine even by my death but shall continue in force until one calendar month’s notice to determine it shall be given to you by me or by my representative.  Dated _________  Yours faithfully  Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

AGREEMENT BETWEEN A FRANCHISER AND FRANCHISEE GRANTING FRANCHISE RIGHTS WITH RIGHT TO APPOINT SUBFRANCHISEES IN THE TERRITORY ALLOTTED Download Word Document In English. (Rs.50/-) Download PDF Document In Hindi. (Rs.50/-) Download PDF Document In Marathi. (Rs.40/-) THIS AGREEMENT  made at……………..on this.................. day of 2000 between XYZ Company PIc, a company incorporated under the ……………..Act and having its registered office at……………..USA, hereinafter called"the Franchiser" (which expression unless it be repugnant to the context or meaning thereof be deemed to mean and includes its successors and assigns) of the ONE PART and ABC Company Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at…………….. hereinafter called "the Franchisee"(which expression unless it be repugnant to the context or meaning thereof be deemed to mean and includes. its successors and assigns) of the OTHER PART.   WHEREAS (1)The Franchiser is a well established and reputed multinational company operating in 35 countries of the world, doing the business of "Mc International" brand high quality food products of various countries; (2) The Franchiser has, through its experience and extensive research, developed many famous food products which have become very popular in different countries of the world; (3)As the Franchiser has not been able to operate itself from various countries of the world and appointed franchisees in various countries of the world to run the retail outlets to sell the famous food products of Mc International brand, so that the products of the Franchiser may be sold throughout the world; (4)The Franchiser has prepared a manual named "Mc International Business Systems and Operations Manual" which contains the details of know how and business system of the Franchiser, hereinafter called the "Manual", which is the sole property of the Franchiser. The said manual, inter alia contains the details of outlet lay out, staff uniform, requirement of staff of the outlet, job description of the staff of the outlet, training requirement of staff, standard of food products to be served in outlet, cleaning requirements, Menu of outlet, guidelines for fixing rates of items, complaints, grievance procedure, Equipments to be used in manufacturing products, opening hours, minimum stock requirements, etc.; (5)The Franchiser is desirous to extend the sale of its food products to various other countries and it has negotiated with various Indian Entrepreneurs, who were interested to undertake Franchise business of the Franchiser. After negotiations, the Franchiser has decided to appoint the Franchisee as Franchisee for undertaking Franchise business in India; (6)The Franchiser declares that it owns the registered and unregistered trade and service marks in U.S.A. and various other countries of the world and has not appointed any Franchisee to undertake the franchise business in Mc International food products in India; (7)The Franchiser has intimated to the Franchisee that the market of Mc International food products in India will be developed by hard work, prompt and efficient, satisfactory and courteous service of the Franchisee, as there are variety of food products of different systems in India; (8)The Franchiser has also advised the Franchisee that it has to exploit the big territory of India, and for that purpose has to appoint 50 franchisees within a period of 2 years from the date of execution of this agreement and it has to attain the target fixed for the franchise business in India within a period of 5 years; (9)The Franchisee has no experience in dealing with food products, but he has the experience of business of different products and has sufficient finance for undertaking the franchise business in India and it has also assured the Franchiser to develop the Franchise business in India.   NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:   In consideration of the Franchise and Management Service Fees hereinafter reserved and of the Franchisee's agreement hereinafter contained, the Franchiser hereby GRANTS to the Franchisee the exclusive right to carry on the business of Mc International Food Products with the trade mark of the franchiser (hereinafter called the "said business") with the right to use in the said Business the designs, plans, systems, specifications, know how in the territory of India, (hereinafter called the "the territory").   (2) This agreement shall subject to the provisions of clause....………below relating to termination of agreement, subsist for a period of 15 years commencing on the……………..day of…………….. 2000. If the Franchisee regularly pays Franchise and Management Service Fees hereby reserved and observe and perform all the covenants and conditions of this agreement, the Franchiser shall on the written request of the Franchisee made three calendar months before the expiration of the term of this agreement grant to the Franchisee a renewed right to do the said franchise business for further term as may be desired by the Franchisee but not exceeding years from the expiration of the terms of this agreement on the terms and conditions mutually agreed to between the parties at the time of renewal   (3) The Franchisee shall pay to the Franchiser the lump sum of$ 1,00,000 as Franchise and Management Service fees as follows:  (i) $ 50,000 on the execution of these presents; (ii) $ 25,000 after three months from the date of these presents; (iii)$ 25,000 after six months from the date of these presents.   The Franchisee shall also pay a Franchisee fee at the rate of 10% of the total value of all invoices rendered by all the Franchisees during any accounting year. The Franchisee fee shall be paid monthly by the Franchisee to the Franchiser on or before the 10th day of the month following the month to which the fee relates. The Franchisee shall not deduct or set off against any fee payable to the Franchiser any sums which the Franchisee considers to be due to him from the Franchiser entitled. In case of default in the payment of any sum in time, the Franchisee shall, without prejudice to any other remedy that the Franchiser may have under this agreement, or in law, pay interest @ 2% per month or part of the month on the amount of any sums due but not paid.   (4) The Franchisee hereby agrees and confirms that it will furnish to the Franchiser not later than 7 days after the end of each monthly accounting period, written detailed summary showing the aggregate and gross invoice value of all products sold by all the Franchisees during the accounting period with calculations of the fees. payable by the Franchisee in respect thereof together with a copy of each invoice rendered during the accounting period. The Franchisee will keep the accounts of all franchisees for a period of three years from the completion of the accounting year, for audit and inspection by the representatives of the Franchiser.   (5) The Franchisee hereby agrees that it shall, within four months after the end of the each financial year, furnish to the Franchiser a consolidated balance sheet and Profit and Loss account of all franchisees in the territory certified by a Chartered Accountant relating to the franchise business.       (6) The Franchiser hereby undertakes that it will give training to the General Manager and other employees of the Franchisee in the operation of the said business. The training will be for a duration of 3 weeks and will be conducted at the place of the Franchisee. The Franchiser will also give training of the same duration to the General Managers and employees of the first ten  sub franchisees appointed by the Franchisee. The training to General Managers and employees of the sub franchisees will be conducted at the Franchisee's place. The Franchisee will pay to the Franchiser (J) full salary of three weeks of the General Manager, Manager and Supervisor who will be deputed for imparting training for 3 weeks (h) return economy class air fares and  all other travel expenses to and from and within the place of training (iii) Hotel expenses for stay of the  Franchiser's trainers in three star hotel (iv) Fixed allowance @ $ 250 as halting allowance per day payable to all the trainers.     (7) The Franchiser hereby covenants with the Franchisee as follows:  (i) To provide the copy of the Manual with English translation thereof, the copyright of the same shall remain with the Franchiser; (ii) To render advice relating to establishment and efficient operation of the said Business; (iii) To render advice to the adaptation of the Business to the requirements of India; (iv) To provide operational support for a period of 6 weeks from the commencement of the business by the Franchisee by deputing well qualified staff viz. One General Manager, One Supervisor and One Assistant Manager to assist the launching and efficient operation of the said business by the Franchisee: Provided that the Franchisee shall pay the following amounts for the operational support (a)                $ 10,00, as the pay roll costs of the staff deputed attributable to the period of their visit to the Franchisee place, (b)                Return Economy class air fares and other travel expenses to and from and within the said territory, (c)                Payment of hotel bills for the staff deputed in 3 star Hotel, (d) $ 300 as fixed halting allowance to each employee deputed per day; (v) To supply the material for updating the Manual from time to time so that the Franchisee may get the benefit of improvements in the systems of the said business. However the copyright and ownership of the said Manual will continue to vest in the Franchiser (vi) To supply the copies of all advertising materials of the products and business to be used in the said territory. (vii) To depute General Manager two times in a year for a period of 15 days each time for the purpose of guiding and monitoring the standards of the Franchisee and sub franchisees Provided that the Franchisee shall pay the following amounts to the Franchiser for the visit to be made by the General Manager   (a)                $ 5,000 as the pay roll cost of the General Manager deputed attributable to the period of his visit to the Franchisee place, (b)                Return Economy class air fares and other travel expenses to and from and within the said territory, (c)                Payment of hotel bills for  the General Manager deputed in 3 star Hotel, (d)                $ 300 as fixed halting allowance to General Manager deputed per day.   (viii) On the written request and query, to give written advice about know how, business system, standard of raw material to be used, any equipment to be employed in the said business and any other matter relating to the said business; (ix) To inform the Franchisee about the convening of seminars and meetings of Franchisees, well in advance, so that the franchisee may attend the said seminar and meetings at his own expenses without any payment of any charges or expenses to the Franchiser towards the expenses incurred by him for holding such seminars and meetings; (x) To provide sufficient number of newsletters published in English/ Hindi language so that the same may be distributed to all the Franchisees; (xi) Not to sell the equipment or material manufactured by it for use in the manufacture of food products to third parties in the territory; (xii) Not to exploit the territory itself by opening its own outlets to do the franchise business to sell food products of Mc International brand or appoint any other Franchisee in the territory;   (8) The Franchisee hereby covenants with the Franchiser as follows:    (i)To invest sufficient money for the commencement and operation of the said business;   (ii) To obtain permissions from the Government of India, Reserve Bank of India and other statutory authorities for commencement of the said business in India immediately and in any event within a period of three months from the date of execution of this agreement; (iii) To commence the said business within three months from the execution of these presents or within fifteen days from the date of receipt of all permissions from the Government and other statutory authorities, whichever is later; (iv) To appoint 20 franchisees to undertake the said business diligently in the territory within a period of one year and 30 more franchisees in the second year of the business; (v) To keep the know how, systems of the said business, provisions of the manual and any other secret and confidential information relating to the said business, which has come to its knowledge, confidential and secret and not to divulge the said information to any third party; (vi) To obtain undertakings from all employees to keep the information of Franchisees business confidential at the time of joining service of franchise business and keep the said undertakings in record for the inspection of the Franchiser's representatives; (vii) To comply with all statutory requirements applicable to the franchise business and to obtain proper licences required for the operation of the business; (viii) To use the Trade marks in the said business and maintain the standards of the products of the business as prescribed by the Franchiser; (ix) Not to bring the trade mark, the said business or business system into disrepute by its actions; (x) To deal with the customers of the franchisees fairly, honestly and with courtesy and to redress the customers complaints, if any, urgently; (xi) To use the stationery and forms prescribed by the Franchiser for external use in connection with the said business; (xii) Not to engage or involve directly or indirectly in any other business other than the said business without the written consent of the Franchiser; (xiii) Not to use the know how or systems of the said business or any other information provided by the Franchiser for any purpose other than the Franchise business; (xiv) To train its staff and sub franchisees in the operation of the said business in all its aspects so that the said business may be conducted satisfactorily and in accordance with the standards and specifications of the Franchiser; (xv) Not to solicit customers from outside the Territory.     (9) The Franchisee will indemnify and keep the Franchiser indemnified against all claims, demands, actions, proceedings, losses, damages, recoveries, judgments, costs, charges and expenses which may be made, or brought or commenced against the Franchiser or which the Franchiser may or may have to bear, pay or suffer, directly or indirectly due to any act, default or omission by the Franchisee or any sub franchisee in conducting the said business.   (10) The Franchisee undertakes that it shall use its best endeavours in conduct of the said business and will appoint 20 sub  franchisees within one year of execution of these presents and 30 further sub franchisees within the second year of the business in the said territory. The yearly target amount of invoice of each sub  franchisee is Rs. 25,00,000 and the target amount for the second year of franchisee and the sub franchisees will be Rs. 15,00,00,000. If the franchisee will not be able to achieve its target in the second year, the Franchiser may within 90 day from the end of the second year, serve a notice in writing to the Franchisee terminating its right to open any future outlet other than ones in respect of which sub franchisee agreement has already been granted. In such a case, the Franchiser will be entitled to appoint Franchisee to operate outlets within the territory. However such action of the Franchiser will not affect the Franchisee's rights and obligations with respect to those outlets already opened or in the process of opening   (11) The Franchisee agrees that to maintain the identity and reputation of trade mark of the Franchiser, the Franchisee will establish and maintain a fund for advertising and promotion of the said business by crediting 1.5% of its gross turn over and of the sub franchisees to that account. The said fund shall be kept into a separate bank account in the name of ABC Franchisee's Advertising and Promotion Fund. The fund will be used for the advertisement of the franchise business including its trade mark through the medium of Television, Magazines, Journals, Newspapers and holding public meetings to make the products of the business popular. The Franchiser may give directions about the manner in which the said advertising and promotion fund will be utilized. The Franchisee shall keep proper record of the fund. The material used for advertisement and promotion of the business and trade mark will be in accord with the style and form as directed by the Franchiser.   (12) The Franchiser and Franchisee agree that they will be registered as Registered User under the Trade Marks Act, 1999. The Franchisee confirms that it will hold the use of the Trade Mark for the benefit and as an agent of the Franchiser and will assign to the Franchiser any such rights therein which may accrue on the request of the Franchiser in this regard. The Franchisee undertakes that it will ensure that there is no infringement of trade mark of the Franchiser in the said territory and if infringement of the trade mark comes to its notice, it shall take necessary steps to defend the trade marks. The franchisee shall inform the Franchiser about any suspected infringement of Trade Mark and steps taken by it in this regard. make an application to the Registrar of Trade Marks so that the Franchisee may   (13) The Franchiser's Auditors, inspectors or authorized representatives will be authorized to inspect and audit the books of account and all supporting vouchers, bills, documents of the Franchisee and sub franchisees relating to the Franchise business at any time and for that purpose the Franchisee and all sub franchisees will permit the Franchiser's auditors and authorised representatives to enter its or their premises and co operate with them and furnish to them all documents, accounts, vouchers, etc., as required by them. If after the audit or inspection of the accounts, it is pointed out by the Franchiser's Auditor that the accounting of the franchisee or sub franchisees relating to the calculation of the franchise fee and/or any other financial matter is not correct, the Franchisee will rectify the said defect in the accounts and if any amount towards franchise fee has been sent less earlier, the balance amount will be sent to the Franchiser within a period of fifteen days from the receipt of audit report along with interest @ 2% per month or part of the month.   (14) The Franchisee hereby agrees that it shall not have the right to assign or transfer its rights and obligations under this Agreement to any third party without the consent of the Franchiser in writing. In case the Franchisee proposes to assign or transfer its rights and obligations under this agreement, it shall make a proposal for such assignment or transfer along with the details of the business history and experience of the proposed transferee or assignee, copy of the proposed transferee's written offer to purchase the said business from the Franchisee and any further information which the Franchiser may reasonably require. The Franchiser will give its consent for the transfer or assignment, provided the following conditions are fulfilled:    (i)The proposed transferee or assignee meet the standards as required by the Franchiser about business experience, financial status and ability. (ii)The proposed transferee or assignee should be able to undertake the franchise business efficiently and diligently and willing to execute an agreement with the Franchiser for a period of not less than five years commencing on the date of the transfer or assignment of the said business. (iii)The Franchiser may instead of giving its consent for transfer or assignment of the said business, may opt to purchase the said business or get  the said business transferred in favour of its nominee for the same amount and on the same terms as those set out in the offer of the transferee. The Franchiser may exercise such option by giving a notice in writing to the Franchisee within one month from the date of receipt of the proposal from the Franchisee. (iv)If the Franchiser does not opt for purchase the said business or get the said business transferred in favour of its nominee, it will give its consent for transfer of the said business in favour of proposed transferee and on such consent being given, the proposed transferee shall deposit thirty per cent of the consideration amount with the Franchiser and shall pay the balance 70% of consideration amount to the Franchiser upon completion of the transfer. Thereafter the Franchiser shall pay the consideration amount received from the transferee after deducting the amount of any unpaid obligations of the Franchisee to the Franchiser within ten days from the date of completion of the transfer of the business. On the completion of the transfer or assignment of the said business by the Franchisee in favour of the transferee, the Franchisee shall assign all of its rights over all Sub Franchisee agreements within the territory.     (15) The Franchiser shall be entitled to terminate this Agreement upon occurrence of any event of default specified below:  (i)If the Franchisee fails to commence the business within the period of three months from the date of these presents; (ii)If the Franchisee fails to observe and perform any covenants, stipulations or obligations hereunder or commits a breach of any of the terms, conditions or provisions of this Agreement or its part to be observed or performed; (iii)If the information or representations made by the Franchisee in the application form or supporting details proves to be incorrect in any material respect; (iv)If the Franchisee passed any resolution for winding up or allows a petition for winding up presented before a Court against it or if a receiver or liquidator is appointed of the whole or part of the assets, properties or undertakings of the Franchisee or compounds, with or makes any composition with its creditors; (v)If the Franchisee suffers any adverse material change affecting the financial position of the Franchisee or by any act or omission of the Franchisee, the Franchiser has reasonable grounds to apprehend breach of the terms and conditions of this agreement in future or that its right may be prejudiced or be in jeopardy; (vi)If the Franchisee fails to pay, to submit any document or information required under this Agreement within 10 days following its due date; (vii)If the Franchisee ceases or takes any steps to cease the business; (vii)If by the act, omission or commission of the Franchisee, it is suspected by the Franchiser that any secret information, know how relating to the business has been disclosed by the Franchisee to the third parties and Franchisee cannot satisfy the Franchiser that his apprehension is untrue; (viii)If the Franchisee challenges the validity of the Trade Marks of the Franchiser. (ix)If the Franchisee commits default or neglect in maintaining the quality and standard of the products sold by it Provided that in the case of default or neglect affecting the quality or standard of the food products to be sold in outlet of Franchisee, the Franchiser shall serve a notice to the Franchisee for rectification of the default or neglect, and if default continues beyond 48 hours from the time of the written notice, the Franchiser may terminate this Agreement:   Provided further that in the case of default or neglect of any other nature, the Franchiser shall have the right to terminate this agreement if default continues beyond ten days from the time of the written notice.   (16) Upon termination of this agreement on the occurrence of any default as provided hereinabove, the Franchisee and Franchiser without prejudice to and in addition to their rights and obligations shall take following actions:     (i)The Franchisee shall stop doing the said franchise business and to make use of the Trade Marks of the Franchiser and will return the copy of the Manual along with translated copies thereof, service specifications, book of instructions regarding book keeping and accounting procedure and all documents, stationery, material for advertisement and promotion, signs and other items owned by the Franchiser and in the possession of the Franchisee and in case of default by the Franchisee, the Franchiser shall be entitled to enter upon the premises of the Franchisee to take possession of the manual, stationery, and other material and goods from the Franchisee. (ii)The Franchisee shall pay all sums due at or after the date of termination to the Franchiser without any deduction or set off, within a period of seven days of the termination and if any sum is found to be payable to the Franchiser, the Franchisee shall pay the said sum to the Franchiser without any deduction or set off. (iii)The Franchisee shall make application to the Registrar of Trade Marks for removal of his name as registered user of the Franchiser's trade mark in the Register of Trade Marks. (iv)The Franchisee shall assign all his rights under this Agreement to the Franchiser or his nominee. (v)After termination of this agreement, the Franchisee shall not for one year, directly or indirectly do the business similar to the franchise business or otherwise compete or assist anybody to compete with the Franchiser or any other Franchisee appointed in the territory. The Franchisee shall not solicit the customers of the Franchiser or of any Franchisee appointed by the Franchiser in the territory.   (17) In accordance with section 10 of the Power of Attorney Act, 1971, the Franchisee hereby appoints, nominates, constitutes and appoints the Franchiser its Attorney to take necessary action to ensure the compliance of the actions to be taken by the Franchisee under clause 15 of this Agreement.    (18) Any relaxation, forbearance, delay or indulgence on the part of the Franchiser in enforcing any of the terms and conditions of this agreement or the granting of time by the Franchiser to the Franchisee shall not prejudice, affect or restrict the rights of the Franchiser hereunder nor shall any waiver by the Franchiser of any breach hereof operate as a waiver of any subsequent or any continuing breach hereof.   (19) The Franchisee shall within one week from the date of commencement of business, take insurance policy in the joint names of the Franchiser and the Franchisee against loss or damages by fire, earthquake, flood, cyclone, etc. with an insurance. The Franchisee shall also take insurance  policy against all liabilities (including product liability) of the Franchisee and the Franchiser and to the Franchisee's employees or to the members of the public. The Franchisee shall keep the  insurance policies in force during the term of the business and will not do or omit to do or be done or permit or suffer any act, deed or thing which might or could prejudicially vitiate or affect any such insurance. The Franchisee shall deposit the insurance policies and receipts for the premia paid with the Franchiser within fourteen days from the commencement of the business. In case the  franchisee fails to insure as provided above, the Franchiser may take insurance policies and may recover the premium paid from the Franchisee without prejudice to the other rights of the Franchiser in respect of such default. In the event of any claim arising under such insurance, the Franchisee shall intimate the Franchiser about the same and comply with all instructions of the Franchiser in connection therewith and to take steps, actions and proceedings as may be necessary and if so required by the Franchiser receive any monies, payable in respect thereof for and on behalf of and in trust for the Franchiser and deliver the same to the Franchiser upon receipt thereof without claiming any part thereof on any account whatsoever.  Notwithstanding anything contained hereinabove, the Franchiser may at its option agree that any insurance proceeds received under the insurance policy may be applied in making good the damages or in replacing the goods or equipments or any item thereof by other similar goods or equipments to which the terms of this agreement shall apply.   (20) This agreement shall be governed and construed in all respects in accordance with the laws of India and any dispute or question regarding the interpretation of any clause or the rights, duties or liabilities of either party under this Agreement or otherwise in connection with this agreement, the matter in difference shall be referred to arbitration to the International Chamber of Commerce whose decision shall be final and binding on both the parties.   (21) The validity and interpretation of and the legal effect to be accorded to all provisions of this agreement shall be determined and applied according to the laws of India.   (22) The parties will obtain necessary permissions from the Governments of their countries or any authority for the execution of this agreement, operation of the business and the payment of Franchise and Management Service Fees or any payments payable in respect of this agreement and performance and observance of covenants and liabilities under this agreement     (23) Notices and other communications under this agreement shall   be in writing addressed as indicated in the description of the parties herein or as either party may request in writing and the effective date of each is the date of its prepaid deposit in the mail for dispatch by air or such service properly addressed. Any notice sent by cable, telex or facsimile shall be deemed to have been served on the next day following the date of dispatch thereof.   (24) All correspondence and notices under this agreement shall in English and if there is any discrepancy between any document and any English version, the English version of the same shall be taken as final.     (25) The parties hereto agree that they shall not be responsible for failure to perform of their obligations under these presents due to force majeure, which shall include but not be limited to fire, flood, strike, labour strikes and disputes, embargo put by the government of the country of any party, shortage of labour, raw material, or any other reason of such party. If the circumstances leading to force majeure occur, the affected party shall give notice thereof to the other party. If the circumstances or event of force majeure continue for a period exceeding six months, either party may terminate this agreement   (26) This agreement shall be executed in duplicate. The original shall be retained by the Franchiser and the duplicate by the Franchisee   (27) The stamp duty and all other expenses in respect of this agreement and duplicate thereof shall be borne and paid by the Franchisee.   (28) All prior agreements or arrangements whether oral or written between the parties or relating to the conduct of franchise business shall be deemed to be cancelled and superseded by this agreement.     (29)The headings of the clauses of this agreement are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents.     IN WITNESS WHEREOF  the parties hereto have executed these presents and duplicate copy thereof on the day and year hereinabove written     Signed and delivered by the within named XYZ Co. PIc, the Franchiser by the hands Of Shri……………….Managing Director thereof in the presence of 1 . 2. Signed and delivered by the within named ABC Co. Ltd. the Franchisee by the hands of Shri……………….Managing Director Thereof in the presence of 1. 2.

AGREEMENT BETWEEN A FRANCHISEE AND SUB FRANCHISEE GRANTING FRANCHISE RIGHTS FOR A TERRITORY Download Word Document In English. (Rs.45/-) Download PDF Document In Hindi. (Rs.45/-) Download PDF Document In Marathi. (Rs.35/-) THIS AGREEMENT  made at……………….on ths.................. day of 2000 between XYZ registered office at……………….Mumbai, hereinafter called Company Ltd., a company incorporated under the Companies Act, 1956 and having its"the Franchisee" (which expression unless it be repugnant to the context or meaning thereof be deemed to mean and includes its successors and assigns) of the ONE PART and ABC Company Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at………………. Hereinafter  called "the Sub  Franchisee" (which expression unless it be repugnant to the context or meaning thereof be deemed to mean and includes its successors and assigns) of the OTHER PART.   WHEREAS   (1) M/s……………….Plc, which is a company incorporated under the……………….Act of USA and having its registered office at ................USA is a well established and reputed multinational company operating in 35 countries of the world, doing the business of "Mc International" brand high quality food products of various countries.   (2) The said M/s……………….Plc has, through its experience and extensive research, developed many famous food products which have been very popular in different countries of the world.   (3) By a Franchise Agreement made at……………….on ……………….day of………………. 2000 between M/s ……………….Franchiser of the one part and M/s XYZ Co. Ltd. of the other part and referred to as the Franchisee herein, the Franchiser has granted the right to undertake franchise business throughout the territory of India with the right to appoint sub franchisees within the territory to exploit the same on the terms and conditions laid down in the said agreement dated ……………….The said agreement dated  is annexed to this agreement and marked as Annexure I   (4) The Franchisee is desirous to appoint sub franchisees for the sale of food products of the Franchiser in various parts of the country. It has negotiated with various Entrepreneurs, who were interested to undertake Franchise business of the Franchiser in the territory of Delhi. After negotiations, the Franchisee has decided to appoint the Sub  Franchisee as Franchisee for undertaking Franchise business in territory of Delhi.   (5)The Franchisee declares that it has not appointed any Franchisee to undertake the franchise business in Mc International food products in the said territory, hereinafter called "the Business"   (6) The Franchiser has intimated to the Franchisee that the market of Mc International food products in Delhi will be developed by hard work, prompt and efficient, satisfactory and courteous service of the Sub Franchisee, as there are variety of food products of different systems in India and there are various outlets of fast food in the said territory.   (7) The Sub franchisee has no experience in dealing with food products, but he has the experience of business of different products and has sufficient finance for undertaking the franchise business in India and it has also assured the Franchiser to develop the Franchise business in India.   (8) The Sub franchisee has acquired the ownership of Shop No. ……………….in………………. Marketing Complex, Connaught Place, New Delhi hereinafter called the said premises, where the Sub  Franchisee has to open outlet for the franchise business.   NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:   (1)The Franchisee hereby grants to the Sub Franchisee the right to carry on the Franchise Business, subject to the terms and conditions of this Agreement in the Premises.   (2) Subject to clause……………….of this agreement relating to termination, this Agreement will subsist for a period of 5 years commencing on the……………….day of……………….2000.   (3) The Franchise with the authorization of proprietor of the Trade Mark, authorizes the sub franchisee to use the trade marks solely for the purpose of the Business in the territory in accordance with the instructions and directions of the Franchiser and the Franchisee. The Sub Franchisee will not do anything which may damage or prejudice the goodwill or reputation of the Trade Mark. The Sub Franchisee will also ensure that no third party infringes the Trade Mark of the Franchiser in the territory and if he comes to know about the infringement of the Trade Mark, the Sub Franchisee shall promptly inform the Franchisee and the Franchiser about the same in writing.   (4) The Franchisee shall provide the following services to the Sub Franchisee   (a) Arrange comprehensive training through the trainers of the Franchiser in the commencement and operation of the Business. The said training will be for a period of 2 weeks and at the place of the Franchisee and the sub franchisee has to depute its Manager to the Franchisee place for training at its own expenses. The sub franchisee will have to pay Rs.50,000 towards his contribution for the training expenses to be paid to the Franchiser; (b) To provide the copy of the Manual published by the Franchiser containing the lay out of the outlet, staffing requirement of outlet, Staff job description, Service standards, Standard of quality of the products to be sold at outlet, staff uniform, cleaning routines, Menu of the outlet, system of the business, technical know how and other relevant information relating to conduct of the said Business; (c) To provide help and guidance in establishment, and efficient operation of the Business; (d) To give update information received from the Franchiser containing the improvement or alterations in the Manual and Business system or the products to be serviced at the outlet; (e) To furnish all material for advertising and promotion of the Business received from the Franchiser and prepared by the Franchisee himself in India for use; (f) To furnish newsletters received from the Franchiser containing the development of the Business, position of the Franchise business in International market and other information useful for the franchise business; (g) To provide guidance or help on the written request in the matters of management, f inance and promotion of the Business; (h) To provide such continuing assistance, advice and guidance to the sub franchisee as the franchisee considers reasonable and necessary for the efficient functioning of the Business.   (5) The Sub Franchisee shall pay to the Franchisee the amounts as specified below:   (i) A sum of Rs. 10,00,000 on the execution of these presents; (ii) Monthly Franchisee fee at the rate of 12% of the total value of all invoices rendered by the sub franchisee without deduction of any taxes, expenses, commissions, or other charges or debits whatsoever will be payable monthly before the 7th day of the month following the month to which the fee relates; (iii) Sum @ 2% of the previous month's gross turnover towards contribution to Fund for Advertising and Promotion.   (6) In order to maintain uniformity and standards of the Business throughout the world and keep the reputation and prestige of the Trade Marks of the Franchiser, the Sub Franchisee undertakes to the Franchisee as under:   (i) To ensure that there are sufficient funds for the operation of the Business under this Agreement;  (ii) To commence the Business within one month of these presents; (ii) To use the Marks in the Business and to maintain the high standards associated with the Marks; (iv) To keep confidential the manual, methods and system of the Business and information relating to method of operation, advertisement, present or policies of the Franchiser or any other information relating to the operation of the Franchiser; (v) To obtain a signed confidentiality undertaking from all its employees at the time of their joining service of the sub franchisee in the form set out in Annexure II enclosed herewith; (vi) To obtain licences, permissions from the State Government, local or statutory authority to commence and operate the Business and to keep the said licences and permissions in force; (vii) To comply with all statutes, bye laws and other regulations prescribed by the Government of India, State Government, local or statutory authority from time to time relating to the conduct of the Business; (viii) To refer the enquiry received about the Business to the Franchisee or the concerned sub franchisee regarding the supply of franchise products to locations out of the Territory; (ix) To use the stationery and forms as prescribed by the Franchisee in connection with the Business for external use; (x) Not to be engaged directly or indirectly in any similar business which may compete with the Business or any part of it in the Territory or in any other area where it may compete with any other franchisee or sub franchisee; (xi) Not to solicit customers from outside the Territory (xii) To carry on the Business from the Premises only; (xiii) To obtain insurance policy in the joint names of the Franchisee and the Sub Franchisee against loss or damages by fire, earthquake, flood, cyclone, etc. with an insurance. The Sub Franchisee shall also take insurance policy against all liability (including product liability) of the Sub Franchisee and the Franchisee and to the SubFranchisee's employees or to the members of the public. The Franchisee shall keep the insurance policies in force during the term of the business and will not do or omit to do or be done or permit or suffer any act, deed or thing which might or could prejudicially vitiate or affect any such insurance; (xiv) The Sub Franchisee will indemnify and keep the Franchiser and Franchisee indemnified against all claims, demands, actions, proceedings, losses, damages, recoveries, judgments, costs, charges and expenses which may be made, or brought or commenced against the Franchiser or the Franchisee or which the Franchiser or the Franchisee may or may have to bear, pay or suffer, directly or indirectly due to any act, default or omission by the Sub Franchisee in conducting the said Business; (xv) To state in all correspondence and literature the fact that the SubFranchisee is an Independent Sub Franchisee of the Franchiser or the Franchisee and in no other way connected with it; (xvi) To use his best endeavours and hard work in the conduct of the Business and to carry on the Business diligently and in a manner in all material respects to the satisfaction of the Franchisee and in accordance with the requirements and standards of the Franchiser   (7) The Auditors, inspectors or authorized representatives of the Franchisee and Franchiser will be authorized to inspect and audit the books of account and all supporting vouchers, bills, documents of the sub franchisee relating to the Franchise business at any time and for that purpose the sub franchisee will permit the auditors and authorized representatives of Franchisee and Franchiser to enter its premises and co operate with them and furnish to them all documents, accounts, vouchers, etc. as required by them. If after the audit or inspection of the accounts, it is pointed out by the Auditor of the Franchisee or Franchiser that the accounting of the sub franchisee relating to the calculation of the franchise fee and/or any other financial matter is not correct, the Sub Franchisee will rectify the said defect in the accounts and if any amount towards franchise fee has been sent less earlier, the balance amount will be sent to the Franchisee within a period of fifteen days from the receipt of audit report along with interest @ 2% per month or part of the month.   (8) The authorized representatives of the Franchisee and Franchiser will be authorized to visit the Premises at all reasonable times for the purpose of checking the quality of the products supplied by the Business and the manner in which the Business is being carried on and of inspecting the material and equipment being used in connection with the Business. If after the inspection, the said authorized representatives point out some shortcoming or defect in the quality or standard of the products supplied and the system, etc., the Sub  Franchisee shall promptly rectify the same and report the compliance to the Franchisee or Franchiser as the case may be.   (9) The Sub Franchisee shall maintain proper books of account relating to the Business with supporting vouchers, invoices and documents and preserve the same for a period of three months after the end of financial year to which it relates. The Sub Franchisee shall also furnish the annual Balance Sheet and Profit & Loss Account within thirty days after the end of each financial year with a certificate from the Auditor as to the turnover during such period calculated in accordance with this Agreement.   (10) The Sub Franchisee hereby agrees that it shall not have the right to assign or transfer its rights and obligations under this Agreement to any third party without the written consent of the Franchisee in writing. In case the Sub Franchisee proposes to assign or transfer its rights and obligations under this agreement, it shall make a proposal for such assignment or transfer along with the details of the business history and experience of the proposed transferee or assignee, copy of the proposed transferee's written offer to purchase the said business from the Sub Franchisee and any further information which the Franchisee may reasonably require. The Franchisee will give its consent for the transfer or assignment, provided the following conditions are fulfilled:  (i)The proposed transferee or assignee meets the standards as required by the Franchisee and Franchiser about business experience, financial status and ability. The proposed transferee or assignee should be able to undertake the franchise business efficiently and diligently and willing to execute an agreement with the Franchisee for a period of not less than five years commencing on the date of the transfer or assignment of the said business. (ii)The Franchisee may instead of giving its consent for transfer or assignment of the said business, may opt to purchase the said business or get the said business transferred in favour of its nominee for the same amount and on the same terms as those set out in the offer of the transferee. The Franchisee may exercise such option by giving a notice in writing to the Sub Franchisee within one month from the date of receipt of the proposal from the Sub Franchisee. (iii)If the Franchisee does not opt for purchase the said business or get the said business transferred in favour of its nominee, it will give its consent for transfer of the said business in favour of proposed transferee and on such consent being given, the proposed transferee shall deposit thirty per cent of the consideration amount with the Franchisee and shall pay the balance 70% of consideration amount to the Franchisee upon completion of the transfer. Thereafter the Franchisee shall pay the consideration amount received from the transferee after deducting the amount of any unpaid obligations of the Sub Franchisee to the Franchisee within ten days from the date of completion of the transfer of the business.   (11) The Franchisee shall be entitled to terminate this Agreement upon occurrence of any event  of default specified below:  (i) If the Sub Franchisee fails to commence the business within the period of one month from the date of these presents; (ii) If the Sub Franchisee fails to observe and perform any covenants, stipulations or obligations hereunder or commits a breach of any of the terms, conditions or provisions of this Agreement or its part to be observed or performed; (iii) If the information or representations made by the Sub Franchisee in the application form or supporting details proves to be incorrect in any material respect (iv) If the Sub Franchisee passed any resolution for winding up or allows a petition for winding up presented before a Court against it or if a receiver or liquidator is appointed of the whole or part of the assets, properties or undertakings of the Sub Franchisee or compounds, with or makes any composition with its creditors; (v) If the Sub Franchisee suffers any adverse material change affecting the financial position of the Sub Franchisee or by any act or omission of the Sub Franchisee, the Franchisee has reasonable grounds to apprehend breach of the terms and conditions of this agreement in future or that its right may be prejudiced or be in jeopardy. (vi) If the Sub Franchisee fails to pay, to submit any document or information required under this Agreement within 10 days following its due date; (vii) If the Sub Franchisee ceases or take any steps to cease the business; (viii) If by the, act, omission or commission of the Sub Franchisee, it is suspected by the Franchisee that any secret information, knowhow relating to the business has been disclosed by the SubFranchisee to the third parties and Sub Franchisee cannot satisfy the Franchisee that his apprehension is untrue; (ix) If the Sub Franchisee challenges the validity of the Trade Marks of the Franchiser or Franchisee. (x) If the Sub Franchisee commits default or neglect in maintaining the quality and standard of the products sold by it:   Provided that in the case of default or neglect affecting the quality or standard of the food products to be sold in outlet of SubFranchisee, the Franchisee shall serve a notice to the SubFranchisee for rectification of the default or neglect, and if default continues beyond 48 hours from the time of the written notice, the Franchisee may terminate this Agreement:   Provided further that in the case of default or neglect of any other nature, the Franchisee shall have the right to terminate this agreement if default continues beyond ten days from the time of the written notice.   (12) Upon termination of this agreement on the occurrence of any default as provided hereinabove, the Sub Franchisee and Franchisee without prejudice to and in addition to their rights and obligations shall take following actions:    (i)The Sub Franchisee shall stop doing the said franchise business and to make use of the Trade Marks of the Franchisee and will return the copy of the Manual along with translated copies thereof, service specifications, book of instructions regarding book keeping and accounting procedure and all documents, stationery, material  for advertisement and promotion, signs and other items owned by the Franchisee and in the possession of the Sub Franchisee and in case of default by the Sub Franchisee, the Franchisee shall be entitled to enter upon the premises of the Sub Franchisee to take possession of the manual, stationery, and other material and goods from the Sub Franchisee.   (ii) The Sub Franchisee shall pay all sums due at or after the date of termination to the Franchisee without any deduction or set off, within a period of seven days of the termination and if any sum is found to be payable to the Franchisee, the Sub Franchisee shall pay the said sum to the Franchiser without any deduction or set off.   (iii)The Sub Franchisee shall assign all his rights under this Agreement to the Franchisee or his nominee (iv)After termination of this agreement, the Sub Franchisee shall not for one year, directly or indirectly do the business similar to the franchise business or otherwise compete or assist anybody to compete with the Franchisee or any other Sub Franchisee appointed in the territory. The Sub Franchisee shall not solicit the customers of the Franchiser or of any sub Franchisee appointed by the Franchisee in the territory. (v)In accordance with section 10 of the Power of Attorney Act, 1971, the Sub Franchisee hereby appoints, nominates, constitutes and appoints the Franchisee its Attorney to take necessary action to ensure the compliance of the actions to be taken by the Sub  Franchisee under this clause of this Agreement.    (13) Any relaxation, forbearance, delay or indulgence on the part of the Franchisee in enforcing any of the terms and conditions of this agreement or the granting of time by the Franchisee to the Sub  Franchisee shall not prejudice, affect or restrict the rights of the Franchisee hereunder nor shall any waiver by the Franchisee of any breach hereof operate as a waiver of any subsequent or any continuing breach hereof.     (14) The Sub Franchisee shall within one week from the date of commencement of business, take insurance policy in the joint names of the Franchisee and the Sub Franchisee against loss or damages by fire, earthquake, flood, cyclone, etc., with an insurance. The Sub  Franchisee shall also take insurance policy against all liability (including  product liability) of the Sub Franchisee and the Franchisee and to the Sub Franchisee's employees or to the members of the public. The Sub  Franchisee shall keep the insurance policies in force during the term of the business and will not do or omit to do or be done or permit or suffer any act, deed or thing which might or could prejudicially vitiate or affect any such insurance. The Sub Franchisee shall deposit the insurance policies and receipts for the premia paid with the Franchisee within fourteen days from the commencement of the business. In case the Sub Franchisee fails to insure as provided above, the Franchisee may take insurance policies and may recover the premium paid from the Sub Franchisee without prejudice to the other rights of the Franchiser in respect of such default. In the event of any claim arising under such insurance, the Sub Franchisee shall intimate the Franchisee about the same and comply with all instructions of the Franchisee in connection therewith and to take steps, actions and proceedings as may be necessary and if so required by the Franchisee receive any monies, payable in respect thereof for and on behalf of and in trust for the Franchisee and deliver the same to the Franchisee upon receipt thereof without claiming any part thereof on any account whatsoever. Notwithstanding anything contained hereinabove, the Franchisee may at its option agree that any insurance proceeds received under the insurance policy may be applied in making good the damages or in replacing the goods or equipments or any item thereof by other similar goods or equipments to which the terms of this agreement shall apply.   (15) This agreement shall be governed and construed in all respects in accordance with the laws of India and any dispute or question regarding the interpretation of any clause or the rights, duties or liabilities of either party under this Agreement or otherwise in connection with this agreement, the matter in difference shall be referred to an arbitrator appointed by the Indian Council of Arbitration, New Delhi and the provisions of Arbitration and Conciliation Act, 1996 or any statutory modification thereof shall be applicable to such reference. The award of Arbitrator shall be final and binding on both the parties.   (16) The validity and interpretation of and the legal effect to be accorded to all provisions of this agreement shall be determined and applied according to the laws of India.    (17) This agreement may be amended only by a writing signed by the duly authorized representatives of both parties and specifically the referring to itself as amendment to this agreement.   (18) Notices and other communications under this agreement shall be in writing addressed as indicated in the description of the parties herein or as either party may request in writing and the effective date of each is the date of its prepaid deposit in the mail for dispatch by air or such service properly addressed. Any notice sent by cable, telex or facsimile shall be deemed to have been served on the next day following the date of dispatch thereof.   (19) It is hereby agreed by and between the parties hereto that this Agreement is subject to the provisions of the Agreement dated executed between M/s ……………….plc, Franchiser of the One part and M/s……………….Co Ltd., the Franchisee of the other part and referred to as the Franchisee herein. The Sub Franchisee undertakes that it will comply with the terms and conditions of the said agreement and will not do anything which will be violation of the terms and conditions of the said agreement. (20) The parties hereto agree that they shall not be responsible for failure to perform their obligations under these presents due to force majeure, which shall include but not be limited to fire, flood, strike, labour strikes and disputes, embargo put by the government of the country of any party, shortage of labour, raw material, or any other reason of such party. If the circumstances leading to force majeure occur, the affected party shall give notice thereof to the other party. If the circumstances or event of force majeure continue for a period exceeding six months, either party may terminate this agreement.   (21) This agreement shall be executed in triplicate. The original shall be retained by the Franchisee, duplicate by the Sub Franchisee and triplicate by the Franchiser.   (22) The stamp duty and all other expenses in respect of this agreement, duplicate and triplicate thereof shall be borne and paid by the Sub Franchisee.   (23) All prior agreements or arrangements whether oral or written between the parties or relating to the conduct of franchise business shall be deemed to be cancelled and superseded by this agreement.    (24) The headings of the clauses of this agreement are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents   (25) If any clause contained in this Agreement or any part thereof is declared or become unenforceable, invalid or illegal due to any reason whatsoever, the other terms, conditions and provisions of this Agreement shall remain in full force and effect as if this Agreement has been executed without the offending clause appearing herein. In such case if the sub Franchisee is of the opinion that exclusion of such clause adversely affects either his right to receive the  payment of fees to the franchisee or the franchisee's marks and know how methods of the Business, then the Franchisee may terminate this agreement by giving a notice of thirty days to the sub franchisee.   IN WITNESS WHEREOF  the parties hereto have executed these presents and duplicate copy thereof on the day and year hereinabove written    Signed and delivered by the within named XYZ Co. Ltd., the Franchisee by the hands of Shri ………………. Managing Director thereof in the presence of 1 . 2. Signed and delivered by the within named ABC Co. Ltd. the Sub Franchisee by the hands of Shri ………………. Managing Director Thereof in the presence of 1 2

APPLICATION FORM FOR CONSIDERING THE APPOINTMENT OF FRANCHISEE The General Manager .....……........... Co. Ltd. ............................ New York USA   Subject: Appointment of Franchisee   In response to the Advertisement published by you in……………….Times ……………….Edition of, dated…………… we furnish below the particulars and details about ourselves for your consideration. We hereby request you to consider our application and appoint us as your Franchisee for the territory of .................................   1 . Name of the applicant with complete address, telephone Nos. Fax Number, Telex No. of Head office and branch offices. 2. Whether the applicant is limited liability company incorporated under Companies Act or partnership firm? 3. In case of Company, the Registration No. and date of the issue of Certificate of incorporation with the office of the Registrar with which the company has been registered. 4. In case of partnership firm, the Registration No., date of the registration with the office of the Registrar of Firms with which the Firm has been registered. 5. PAN of the applicant and the Assessing Officer with whom the applicant is being assessed. 6. Details of profits of the applicant in other business for the last 3 years (Please enclose copy of Balance Sheet & Profit and Loss A/C for the last 3 years of the applicant. 7. Names of the Promoters/d i rectors of the company/ partners of the firm with their residential addresses, telephone No., etc. 8. Educational/professional qualifications of the Directors/partners of the applicant. 9. Other directorship/partnership held by directors of applicant with details of companies/firms in which directors/partners of the applicant are directors/ partners. 10. Whether the applicant has applied for the franchise or licence of any other organization in the past? If yes, whether the franchise ship still subsists or has been terminated? If terminated, the reasons for such termination. 11. Whether the applicant has obtained or applied for the trade mark or design of the products in which the Franchiser company is dealing? If yes, the details thereof. 12. Details with addresses and valuation of immovable properties owned by the applicant. 13. Amount which the applicant can invest in the franchise business. 14. The territory for which the applicant wants to be franchisee. 15. Target of turnover of Franchisees franchisee business which is expected to be achieved by the applicant. 16. Names and full addresses of References  (a) Bankers (b) Solicitors and Advocates (c) Chartered Accountants 17. Whether the applicant requires loan from banks for commencing and operating the Franchise business. 18. Whether the applicant expects any help from the Franchiser in establishing franchise business If yes, give details. 19. Whether the applicant has been prosecuted for any violation under FERA/FEMA, Companies Act, Income tax or any other law? If yes give full details along with the copy of the final order passed by the authority. 20. Whether the applicant has been involved in any civil litigation/arbitration? If yes give details alongwith documents may be enclosed. 21. Reasons why the applicant is interested in taking up Franchise business. 22. Any other information, which the applicant feels important to mention for the consideration of Franchiser.   We hereby certify that the information furnished above is true to our best of knowledge and belief. We also understand if any information furnished by us is found to be untrue or false in future, the Franchiser will have the right to terminate the franchise agreement.   We will furnish any other information/details required by you for consideration of our application within a period of one week from the date of receipt of the letter from us.   Yours faithfully,  For A B C Company Ltd;  Place Date Managing Director Encl: ........   Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Gift of a House to the Daughter Let It Be Known To All Men by these presents that I…………… s/o ……………….. r/o……………owner and in possession of the House No…….. situated at ……………………………, valued, at present , at Rs………. does, hereby out of natural love and affection and also out of my free will and without any compulsion, force or undue influence, give, transfer and convey to my daughter Mrs………………… w/o………….. r/o ………….. having no house of her own to live in at ………………… and her need being appreciated by the donor, the aforesaid house together with all the rights, easements and appurtenances whatever in the said premises absolutely and for ever, The gift effected through this instrument having been declared in the gift-tax returns submitted by the Donor and gift-tax having already been paid into the ……………. Bank. Dated…………… In presence of witnesses: Sd/-Donor…………. 1……………….. 2……………….. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)