top of page

Making It Easy

  • Instagram
  • Twitter
  • Facebook

Search Results

4070 results found with an empty search

  • Memorandum of Understanding

    Memorandum of Understanding ABC and XYZ. Re: ____________________________ Pvt. Ltd. THIS MEMORANDUM OF UNDERSTANDING made this ____________day of _____________between ABC having his office at__________________, India hereinafter referred to as "ABC" (which expression and the expression "ABC Group" shall unless it be repugnant to the context or meaning thereof mean and include himself and the present other shareholders of __________________Pvt. Ltd. and their respective heirs, executors, administrators and assigns) of the One Part and MR. XYZ having his office at_____________________. (Hereinafter referred to as "XYZ" which expression and the expression "XYZ Group" shall unless it be repugnant to the context or meaning thereof be deemed to mean and include himself and his nominees to the extent specified herein and their respective heirs, executors, administrators and assigns) of the SECOND PART; WHEREAS ABC is one of the founding shareholders and is Chairman and Director of a company incorporated in India known as ______________ Pvt. Ltd. hereinafter referred to as "the Company" which is in the process of setting up an internet portal, relating to ___________________, known as "__________________"; AND WHEREAS ABC and certain other persons have advanced sums of money to the Company in respect of which shares have been/are to be issued to them and this group is for the sake of brevity referred to as the "XYZ Group"; AND WHEREAS XYZ has agreed that he and his nominees (for the sake of brevity referred to as the "ABC Group") will invest an amount of Rs.__________________ /- (Rupees _______________Only) to acquire 20 % (twenty per cent) of the Capital of the Company on certain terms and conditions and equity shares of the Company will be issued to the members of XYZ Group accordingly; AND WHEREAS the parties hereto are desirous of recording the terms and conditions of their agreement in writing NOW THIS MEMORANDUM OF UNDERSTANDING WITNESSETH AS UNDER:- 1.     ABC Group has caused to be incorporated a Company known as ________ Pvt. Ltd. hereinafter referred to as "the Company" and has, since several months been working on establishing an internet portal relating to___________________. 2.     The paid up capital of the Company shall be Rs._________________ /- (Rupees________only) comprising __________(____________) equity shares of Rs._____ /- (Rupees_________) each. 3.     It has been agreed that XYZ group shall hold 60% (sixty per cent) of the paid-up capital of the Company and that XYZ Group shall hold 20% (twenty per cent) of the paid-up capital of the Company. 4.     It is further agreed that 20% (twenty per cent) shall be allotted by ABC Group as and by way of stock options at their discretion to employees, associates, content writers and Technology partners and other supporters on such terms as decided by the Group. It has however been agreed that. 1% (one per cent) out of this 20% (twenty per cent) shall be allotted to Mr. XYZ and 1% (one per cent) to Mr. PQR leaving thereby 18% to be allotted by ABC Group as described above. 5.     XYZ has agreed that for the 20% (twenty per cent) to be allotted to the XYZ Group, the XYZ Group shall pay to the Company a total amount of Rs. __________________/- (Rupees _________________Only) to comprise share capital and premium of the total amount of Rs.__________/- (Rupees ______________Only) an amount of approximately Rs._________/- (Rupees _____________Only) being the equivalent of U.S. $ ____________/- has already been received by the Company by way of Foreign Inward Remittance received from XYZ. These amounts already received have been treated by the Company as advances against share capital and premium. The balance amount of Rs____________/- (Rupees ______________ Lakh Only) approximately is to be paid in the following manner. a.     Rs.__________ /- (Rs______________ Only) by (date) b.    Rs.__________ /- (Rupees ___________Only) by --/--/--- c.     Rs. __________/- (Rupees_________ __Only) by --/--/---. d.    Rs. _________/- (Rupees ___________Only) by --/--/--- e.     Rs. _________/- (Rupees ___________Only) by --/--/--- f.     Rs. _________/- (Rupees ___________ Only) by --/--/--- g.    The balance to make up Rs_____________/- (Rupees ______ only) by (date) 6.     It has been mutually agreed that the Company shall not further dilute its equity or avail of finance from any other person nor shall it agree to allot any shares to any other person without the consent of XYZ. It has been further agreed that ABC Group shall not sell all or any of the shares allotted to them without the consent of XYZ Group until such time as there is an IPO or a second round of financing by mutual agreement. In the event of a second round of financing becoming necessary, it shall be done by mutual Agreement between the parties hereto and it is expected that an Initial Public Offering (IPO) will also be made and that shares will be issued to the public. The parties have agreed that for any future rounds of financing as mutually decided there will be a proportionate dilution of shares. 7.     XYZ shall have the right to be a Director of the Company and ABC shall cause XYZ to be appointed to the Board of Directors whenever XYZ desires. 8.     ABC shall cause this Memorandum of Understanding to be taken on the records of the Company and the Company will also agree to abide by all the terms and conditions hereof. 9.     The parties hereto record that this Memorandum of Understanding reflects the broad terms of their Agreement and they agree to execute and sign a detailed Shareholders Agreement and such further Agreements in writing as may be required from time to time to give effect to the development promotion and financing of the portal in the best possible way. IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands the day and year first hereinabove written. SIGNED AND DELIVERED by the within-named MR. ABC In the presence of __________________ SIGNED AND DELIVERED by the within-named MR. XYZ In the presence of________________________ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Agreement for Transfer of Right

    Agreement for Transfer of Right / Title /Interest in Website AGREEMENT BETWEEN M/S XYZ PVT. LTD. AND M/S ABC PVT. LTD. THIS AGREEMENT made at Mumbai this ____ day of _________, 2000 BETWEEN M/s XYZ PVT. LTD., a private limited company incorporated under the Companies Act, 1956 and having its registered office at ___________________.hereinafter referred to as "the Transferor" of One Part AND M/s ABC PVT.LTD , a private limited company incorporated under the Companies Act, 1956 and having its registered office at_________________, here in after referred to as "the Transferee" of the Other Part and reference to the parties hereto shall unless repugnant to the context or meaning thereof mean and include their respective administrators, successors and assigns; WHEREAS the Transferor is carrying on the business of Website development since 1998; AND WHEREAS the Transferor has incurred heavy expenditure by way of advertisements, payments to employees, overhead expenditure, etc. in developing the Website "______________.COM"; AND WHEREAS the Transferor has agreed to transfer and assign the right, title and interest of the Website "____________.COM" to the Transferee and the Transferee has agreed to take over the same along with all the rights of the contents and the brand name at or for the price and on the terms and conditions as recorded here in below; NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER:- 1.     The Transferor hereto is carrying on the business of Website development. 2.     The Transferor has incurred various expenditure in the process of development of the Website "______________.COM". 3.     The Transferor has now agreed to sell, transfer and assign its entire right, title and interest in the content and the brand name of ______________ COM. to the Transferee and the Transferee has agreed to purchase and acquire the same at or for a total price of Rs._________/- (Rupees _________________ only). 4.     The Transferee has paid to the Transferor the full and final consideration of Rs._______/- (Rupees ____________________ only) for transfer/sale of rights to the content and brand name of "______________.COM." by Cheque No.______ dated / /___drawn on _____________________ Bank, the receipt whereof the Transferor doth hereby admit and acknowledge. 5.     The Transferor declares and states that the Website "______________.COM" is free from all lien, charge, claim, encumbrance, right of anyone over the same and that the Transferee can use and acquire the same without any claim of liability of anyone over it. 6.     The Transferor hereby indemnifies and agrees to keep indemnified the Transferee at all times unconditionally from and against any claims, dues, taxes, liabilities, charges, etc. that may arise on account of the Website ______________.com up to the date hereof. 7.     This Agreement is made at Mumbai, the payments have been made in Mumbai and is subject to Mumbai jurisdiction. IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands the day and year first hereinabove written. SIGNED AND DELIVERED by the with in named) M/S XYZ PVT. LTD.) by its ___________Mr. ______________________) in the presence of) SIGNED AND DELIVERED by the with in named) M/S ______________.COM PVT. LTD.) by its ________________ Mr. ________________) in the presence of) Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Agreement between Manufacturer and Sole Selling Agents with Canvassing Rights

    Agreement between Manufacturer and Sole Selling Agents with Canvassing Rights THIS AGREEMENT made on this ......... day of ......... 2000, between XYZ Pharmaceuticals Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ......... hereinafter called "the company" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the ONE PART; and ABC Pharmaceuticals Distributors Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ...... hereinafter called "the distributor" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the OTHER PART: Where as the company is engaged in the manufacture of several medicines and has decided to appoint a sale selling agent for the whole of India with canvassing rights and the distributor has agreed to work as such and Where as the distributor is being appointed at sole selling agents having exclusive right to sell the medicines manufactured by the company in whole of India; and Where as the Board of Directors of the company is making this appointment, subject to its approval by the company in its first annual general meeting held after the date of this appointment and approval by Central government? NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1.     The company appoints the distributor as sole selling agents for the sale of all the medicines manufactured by it in the whole of India and the distributor agrees to act as such sole selling agents for the whole of India on the terms and conditions contained herein.; 2.     The appointment will be for a period of five years commencing from the date of this agreement. However, it may be extended for further periods not exceeding five years on each occasion. 3.     The distributor shall canvass for, secure orders and push the sale of the medicines manufactured by the company to the best of its ability and experience in the whole of India and guarantees to secure orders for the sale of medicines to the extent of the value of Rs. .......... in a year commencing from the date of this agreement. 4.     The distributor will advertise the company products at its own cost and expenses by advertisements in newspapers, journals, magazines, cinema slides or by any other means. However, the company may advertise at its own costs at its discretion whether in newspapers, journals, cinema slides or by any other means and shall indicate the name of the distributor as its sole selling agents. 5.     The distributor shall employ medical representatives at its own cost and expenses for canvassing the company products amongst the doctors, hospitals, nursing homes, etc. The distributor shall also employ servants, staff at its own cost and expenses for doing the business of sole-selling agency. 6.     The distributor will be entitled to appoint sub-agents for any State/District or any particular area in the country and on such terms and conditions as the distributor may think fit. However the company shall not be liable for any dealing between the distributor and its sub-agents. 7.     The distributor shall submit to the company weekly return of the business secured, the doctors and hospitals approached and canvassed during the previous week. 8.     The distributor shall forward to the company the orders booked and enquiries received by it not later than two days from its booking. The distributor shall remit the money received by it in advance from the customers to the company and an account thereof shall be submitted to the company every Friday. 9.     The distributor shall not make any representation on behalf of the company except in conformity with the instructions issued by the company. 10.  The distributor shall book orders of the company's products on the terms and conditions mentioned in the Schedule attached hereto. The terms and conditions shall be subject to change by circulars or instructions by the company from time to time and the distributor will be bound to follow the instructions issued by the company from time to time. 11.  The company shall pay a commission of ......... % on all orders received directly or indirectly from the customers through the distributor, which have been executed by the company. The company shall make payment of the commission to the distributor at the end of every month. 12.  During the term of this contract, the distributor shall not sell or attempt to sell the medicines for any other Indian or foreign company. 13.  The agency may be terminated by the company, at any time during the agency period of five years, after giving one month's notice thereof, in case the distributor fails to comply with the instructions issued by it or if it omits to comply with its obligation imposed upon it under this agreement or if the distributor fails to obtain or procure orders for the minimum guaranteed amount or if the company feels that the distributor is guilty of any conduct, which is prejudicial to the interest of the company and in this matter the decision of the Board of Directors of the company will be final. The distributor may also terminate this agreement at any time during the agency period, after giving one month's notice thereof, if the company fails to execute the orders booked by the distributor or if the medicines supplied by it are sub standard or if the company without just cause withhold the payment of the commission due to the distributor under the agreement for a period of three months. 14.  The distributor shall be responsible to make the payment of the medicines supplied by the company on the orders received by the distributor, if the constituent to whom medicines were supplied by the company refuses to pay for the same within two months of the receipt of medicines. The distributor shall be liable as the surety for the payment of orders booked by it. 15.  The distributor shall deposit a sum of Rs.......... with the company to ensure the obligations imposed upon it under this agreement. The said sum shall not carry any interest. The said sum will be repayable to the distributor after one month of the termination of the agreement after adjustment of accounts between the parties. 16.  Any and all disputes, controversies, differences arising between the parties hereto out of or in relation to this agreement or any breach thereof shall be finally settled by arbitration by two arbitrators, one to be appointed by each party to the dispute and the arbitrators shall, before taking upon themselves the burden of reference appoint an umpire. The award given by the arbitrators or umpire as the case may be, shall be, final and binding on the parties. 17.  At the termination of this agreement whether by efflux of time or otherwise, the company shall not be liable to pay any commission to the distributor for the orders received after the expiry of agency period. 18.  This agreement shall be executed in duplicate. The company shall retain the original and the distributor the duplicate. Each party shall bear the stamp duty payable in respect of its copy. 19.  Unless otherwise agreed upon, the respective addresses for communication in respect of any matter relating to this agreement shall be as under: For the Company:.......................... For the Distributor:........................ In Witness Where of the parties have caused their common seal to be affixed to these presents and a duplicate thereof, the day, month and year first; hereinabove mentioned. Schedule The common seal of XYZ Pharmaceuticals Ltd. was hereunto affixed pursuant to the Resolution of its Board of Directors passed on.......... day of .......... 2000, in the presence of S/Shri .......... and ........... directors of the Company, who have signed in token thereof  The common seal of ABC Pharmaceuticals Distributors Ltd., was hereunto affixed pursuant to the Resolution of its Board of Directors passed on ......... day of……….2000, in the presence of S/Shri……………… and………….. directors of the company who have signed in token thereof. WITNESSES; 1. 2. Download Word Document In English. (Rs.30/-)

  • Agreement to Appoint Agent in District

    Agreement to Appoint Agent in District This Agreement is made on this........day of.................... 19...... between : 1.     Mr. A s/o Mr. B r/o XY, hereinafter called the "Principal", on the one part ; and 2.     Mr. C s/o Mr. D r/o XYZ, hereinafter called the "Agent" on the other part. WHEREAS the principal is a dealer of ...............and is interested to appoint an agent for the district of............. AND WHEREAS the agent has approached the principal for his appointment as agent of the principal. AND WHEREAS the principal has agreed to appoint the agent as agent. NOW THIS AGREEMENT WITNESSES AS UNDER : 1.     That the agent is hereby appointed as agent of the principal for the district of..............to sell the goods of principal. 2.     That this appointment is made for a period of five years from the date of execution of this deed. 3.     That agent shall sell the goods of the principal on the prices fixed by the principal. The Agent shall have no right to make any representation in the trade. He shall further not be entitled to give warranty other than those printed in the price list of the principal. 4.     That the agent shall get 10% commission on sales price. The agent is entitled to deduct such 10% commission from the sale price on weekly basis on every Saturday and remit the balance amount to the principal on the same day. 5.     That the agent shall make all sales cash down. He is not entitled to make any credit sales, unless permission for such credit sales to some particular customers, is obtained from the principal. 6.     That the agent shall obtain premises on rent in the market area. The expenses in this regard, and agreed rent and securities shall be borne by the principal. 7.     That the agent shall bear all incidental or other expenses relating to agency. 8.     That the agent shall while making a sale to trade take an undertaking from the dealer that no retailing shall be done outside agency territory. 9.     That the agent shall mention himself as agent on all papers, documents, cash memos, bill books and letter head etc. for the principal. 10.  The breach of conditions mentioned in clause 8 and 9 shall entitle the principal to terminate the agreement and recover a sum of Rs.............by way of damages. 11.  That the principal shall keep with the agent stock valuing Rs.............. at all time. For this purpose the agent shall submit weekly stock list of the goods of the principal with the agent. 12.  That the agent shall sell the goods to the purchaser at the current price list of the principal. The agent is entitled to allow a discount of 2% on purchases of Rs. 5000/- and above. 13.  That in case any dispute arises between the purchaser and the agent regarding goods of the principal, the agent shall immediately inform the principal for settlement of the dispute and in no case the agent shall make any compromise with the purchaser without the consent of the principal. 14.  14. That either party may terminate this agreement after expiry of 5 years after giving one month's prior notice of his intention to do so. 15.  That in no case the benefit of the agreement can be assigned to any third person. 16.  That during the continuance of this agreement the principal may supply the goods direct to the dealers of the district in which agency has been given to the dealer. On such direct supply also the agent will get the same commission which he is getting for supply of goods direct to the agent. 17.  That during the currency of this agreement, the agent shall work honestly and diligently in increasing the sales of the goods of the principal and shall not engage himself directly or indirectly in any other business without the written consent of the principal. 18.  That the agent shall make sales of all goods at his place of business but if the agent so desires he can deliver the goods at the purchaser's place on his own cost. The principal will not bear such expenses. 19.  That the principal shall have the right to terminate this agreement without prejudice to any other remedy for any breach or non-performance of any part of this agreement namely : 1.     If the agent is found guilty of a breach of any provision of this agreement or is found guilty of misconduct or negligence of his duties ; 2.     If the agent is found absent from his duties for more than a week without the prior permission of the principal ; 3.     If the agent commits any act of bankruptcy. 20.  That if any dispute arises between the principal and the agent regarding this agreement the same shall be settled by arbitrators duly appointed by both the parties. 21.  That on termination of this agreement the agent shall return all unsold goods to the principal and shall handover principal's cash and other documents and papers etc. within seven days from the date of termination. We the above mentioned parties have signed this agreement in the presence of the following witnessess : Witnesses : 1. Name...................................... Address................................... ................................................ .............................Principal 2. Name.....................................  .  ................................Agent Address.................................. ............................................... Download Word Document In English. (Rs.20/-)

  • Agreement for appointment of Sole Selling Agent by Manufacturing Company

    Agreement for appointment of Sole Selling Agent by Manufacturing Company AN AGREEMENT made on this _____day of _________________BETWEEN ______________Company, a company registered under the companies Act 1956 manufacturers of___________(Hereinafter called the manufacturers) of the one part AND_______________(Hereinafter called the sole agent) of the other part. WHEREAS the manufacturers are engaged in the manufacture of _________and are desirous of appointing a sole selling agent for the sale of the same. AND WHEREAS the sole agent has approached the manufacturers for appointment as the sole selling agent for ___________ goods of the manufacturers and is willing to perform the duties as such. NOW THIS AGREEMENT WITNESSES as follows: 1.     The manufacturers appoint ______________as the sole selling agent for the goods manufactured by them for the area comprising_______________ as the sole agent shall have exclusive right to sell the goods of the manufacturers in the above mentioned area. 2.     This appointment is being made by the Board of Directors subject to the condition that the appointment shall cease to be valid if it is not approved by the company in the first general meeting held after the date of this appointment (Approval by the company in the first general meeting held after the date of appointment is mandatory under section 294 (2) of the Companies Act, 1956. 3.     This appointment shall last for a period of five years computed from the date of this agreement. It may, however, be extended for further periods not exceeding five years on each occasion. (Under section 294 (1) of the Companies Act, 1956, no company shall appoint a sole selling agent for a term exceeding five years at a time.) 4.     The manufacturers undertake not to sell their goods in retail below the following prices. 5.     The sole agent shall not sell the goods in retail below the prices mentioned under clause 4 of the agreement. 6.     The sole agent shall pay to the manufacturers the sale proceeds which shall be determined as per the market value of the goods sold 7.     The manufacturers agree that as the Consideration payable to them depends upon the market value of the goods sold by the Sole agent. It may fluctuate from year to year. 8.     The sole agent shall be entitled to a commission of 3.5 % on the sale price of the goods. 9.     The sole agent shall have 20 days credit for payment of price of goods after receipt of goods. 10.  The manufacturers shall not affect direct sales of goods within the area mentioned in clause (1). All inquiries, orders and correspondence which the manufacturers receive in relation to that area shall be forwarded to the sole agent to be dealt with. 11.  The sole agent may appoint sub-agents and representatives for the area covered by the sole agency. The manufacturers shall not enter into any correspondence or dealings, direct or indirect, with them. 12.  The manufacturers agree to execute the orders placed by the sole agent so far as the goods available with them permit. Neither do the manufacturers guarantee minimum supply of goods to the sole agent nor is the latter bound to place order for any minimum quantity of goods. 13.  In case the terms of this appointment are varied by the Central Government in exercise of its power under section 294 (5), Companies Act, 1956, this appointment shall, as from the date as may be specified by the Central Government in its order of variation of terms, be regulated by the terms and conditions as varied by the Central Government. IN WITNESS WHEREOF the parties hereto have signed this agreement on the day and year first written above. Dated this_______day of _____________ Name & designation of First Party Signature In presence of Name & designation of second party Signature In presence of Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Application Pro-forma for Approval of Hotel Projects

    Application Pro-forma for Approval of Hotel Projects 1.     Proposed name of the Hotel: 2.     Name of Promoters ( a note giving business antecedents may be enclosed): 3.     Complete postal address of the Promoters: 4.     Status of the owners/ Promoters: Whether a.     Company (if so, a copy of the Memorandum and Articles of Association may be furnished), or b.    Partnership firm (if so, a copy of Partnership Deed and Certificate of Registration under the Partnership Act can be furnished). or c.     Proprietary concern (give name and address of the Proprietor) 5.     Location of hotel site along with postal address: 6.     Details of the site: a.     Area b.    Title whether outright purchase (if so, a copy of the registered sale deed should be furnished), or on lease (if so, a copy of the registered lease deed should be furnished) c.     Whether the required land use permit for the construction of hotel have been obtained (if so, a copy of a certificate from the concerned local authorities should be furnished) d.    Distance from railway station. e.     Distance from airport f.     Distance from main shopping centers. 7.     Details of the hotel project (a copy of the project/feasibility report should also be furnished) a.     Star category planned b.    No. of guest rooms and their area Number Area Single Double Suites Total: c.     No. of attached baths and their area. d.    How many of the bathrooms will have long baths or the most modern shower chambers (Give break up) e.     Details of public areas: Number Area of each                               i.        Lounge / Lobby                              ii.        Restaurants                             iii.        Bar                             iv.        Shopping                              v.        Banquet / Conference Halls                             vi.        Health Club                            vii.        Swimming Pool                           viii.        Parking Facilities Note: It may be ensured that areas of guest rooms and attached bathrooms conform to the minimum standards laid down by the Ministry of Tourism for different star categories of hotels. f.     Blue prints of the sketch plans of the project. A complete set duly signed by the promoter and the architect should be furnished, including / showing among other things, the following:-                               i.        Site plan                              ii.        Front and side elevations                             iii.        Floor wise distribution of public areas / guest rooms and other facilities                             iv.        Areas of guest rooms with dimensions                              v.        Areas of bathrooms with dimensions 8.     Air conditioning: a.     Whether all the guest rooms will be air conditioned b.    Whether all the public areas will be air conditioned c.     Give details of type of air conditioning 9.     Approval: Whether the hotel project has been approved / cleared by / under the following agencies / Acts wherever applicable: a.     Municipal authorities b.    Urban Lands (Ceiling) Act c.     Any other local / State Govt. authorities concerned 10.  Proposed Capital Structure: a.     Total estimated cost                           i.        Equity                          ii.        Loan b.    Equity capital so far raised c.                                     i.        Sources from which loan is proposed to be raised                          ii.        Pesent position of the loan 11.  Acceptance of regulatory conditions: (This should be furnished in the prescribed proforma) 12.  Application Fee: (Demand draft for Rs. 2000/- in case of hotel projects planned for 5 Star category and Rs. 1000/- in the case of 3 & 4 Star categories and Rs. 500/- in the case of 1 & 2 Star categories. Demand draft may be drawn in favour of: Pay & Accounts Officer, Ministry of Tourism, New Delhi.) 13.  If you are interested in availing of any or all of the following benefits of the Income Tax Act, 1961, kindly mention yes/no against each of the following provisions: Section 80 I Section 80 HHD Signature Full name and designation of the Applicant Place: Date: Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • Consultancy Agreement for Software Consultancy

    Consultancy Agreement for Software Consultancy THIS CONSULTANCY AGREEMENT made this day of ___ 200- BETWEEN __________________PVT. LTD. a Company incorporated in India having its registered office at _______________ (Hereinafter called "the company" of the FIRST PART)AND a Company incorporated under the laws of ___________ having its registered office at _________________________ (Hereinafter called "the Consultant" of the OTHER PART); WHEREAS the Company is engaged in the business of Computer Software Programming and Development; AND WHEREAS the Consultant has _____ years of experience in the field of COMPUTER TECHNOLOGY and has considerable technical know how, skill and experience in this field; AND WHEREAS the Company has requested the Consultant to render to the Company Consultancy Services and other related services to which the Consultant has agreed; AND WHEREAS the parties hereto are desirous of reducing the terms and conditions of this agreement in writing; NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:- 1.     The Company hereby appoints the Consultant to render Consultancy Services in the field of Computer Software Programming and Development and to give the benefit of considerable know how, commercial and technical knowledge, experience and skill. This advice shall include data and assistance to the company. 2.     The Consultant shall keep the company informed of the investment projects or trade opportunities and shall also find foreign party financers for, the Company and shall introduce the company to the relevant authorities, business and individuals as appropriate. 3.     The Consultant shall also render any other consultancy services and shall include all such data as may be useful to the company. 4.     The Consultant shall be required to render the abovementioned services at the office of the Company in India or any such other places outside India as the Company may require. The information and services may be given personally, or by facsimile, courier, telephone, telex etc. 5.     The Company undertakes to provide logistics as required by the Consultant. 6.     In consideration of the services to be rendered and the information to be provided. The Company shall pay to the consultant, a fees of U.S. $ ________/- (U.S. Dollars ________________only) per month for the entire duration of the contract. The company would also reimburse to the consultant any directly related expenditure if approved in advance. 7.     The duration of this Agreement shall be at Will and it can be terminated by either party by giving notice in writing of one month to the Other Party. 8.     The Company agrees to notify the Consultant of their Officer’s travel plans at least quarterly in advance to order to ensure that the Consultants are properly prepared. 9.     The services rendered by the Consultant shall be at the office of the Company or by way of telephone, fax or correspondence from the Consultant in to the Company in India. 10.  The Consultant shall not divulge to a Third Party directly or indirectly any information about the Company either during the subsistence of this Agreement or after its termination. 11.  The addresses given above shall also be the addresses of the party hereto for the purposes of sending notices, letters and other communications. IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands the day and year first hereinabove written. SIGNED AND DELIVERED by the within- ) named._________________________________ ) By its Authorised Signatory___________________) In the presence of ) SIGNED AND DELIVERED by the within- named Consultant’s _______________________________ In the presence of ) Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Agreement for Development of Portal

    Agreement for Development of Portal Download Word Document In English. (Rs.45/-) Download PDF Document In Marathi. (Rs.45/-) AGREEMENT BETWEEN X. LTD. AND Y. INFO LTD. AND Z. SOFTWARE THIS AGREEMENT made at Mumbai dated this ____ day of _____ 2000 BETWEEN X. LTD. a company incorporated under the Companies Act 1956 and having its registered office at ______________________ (hereinafter referred to as `X. LTD.'' which term shall mean and include its successors and assigns) of the First Part, AND Y INFO LTD. a company incorporated under the Companies Act 1956 and having its registered office at _______ (hereinafter referred to as `Y LTD'' which term shall mean and include its successors and permitted assigns) of the Second Part AND Z SOFTWARE (a division of Z Computers Ltd. a company registered under the Companies Act 1956 and having is registered office at ______________ Mumbai) (hereinafter referred to as `Z LTD.'' which term shall mean and include its successors and permitted assigns) of the Third Part; WHEREAS X. Ltd. is a Company engaged in the production and supply _________________situated in _______ and has experience in the field of power and electricity generation for ____ years; AND WHEREAS Y. LTD. is a company engaged in the creation and development of Software and building web pages and portals for its clients for their business and commercial application; AND WHEREAS Y. LTD. subcontracts some of its work to Z. LTD. which is a company with a large experience in the development of Software and Computer applications and Z. LTD. works together with Y. LTD. and carries out its assignment in accordance with the specifications of Y. LTD.; AND WHEREAS X. LTD. has approached Y. LTD. for the development of its portal and website and certain Software in accordance with the specifications provided in the Annexure attached herewith and Y. LTD. has together with Z. LTD. agreed to undertake to develop such portal and website subject to and in accordance with the terms and conditions here in contained; NOW THIS AGREEMENT WITNESSETH: 1.     X. Ltd. hereby appoints Y. LTD. and Z. LTD to carry out the development of a portal and website for X. Ltd. in accordance with the specifications annexed herewith or such variations as may be provided by X. Ltd. from time to time in writing. 2.     At the times and in the manner set out hereunder X. Ltd. shall pay to Y. LTD. an amount of Rs._____/- (the Contract ______) as outlined in the Terms of Payment. Y. LTD. alone shall be responsible for making all and any payment to Z. LTD and X. Ltd. shall not be responsible to make any payment to Z. LTD. under this Agreement. 3.     Project Period 3.1      Y. LTD. shall use its best endeavours to ensure that the website/portal project is completed within ____ days from the execution of these presents and on receipt of advance payment. 4.     Languages 4.1      The portals content will be in three languages, i.e. English, Hindi and Tamil. 5.     Terms of payment. 5.1      The value of the order under this Agreement is Rs._________________ /- (Rupees ______________only) inclusive of all taxes, if any at various stages of billing. 5.2      Y. LTD. shall deliver to X. Ltd. a claim for payment in accordance with the following Schedule.               i.        Advance on the execution of these presents: 25% (twenty-five per cent) of the Contract amount;              ii.        On supply of 50% of content (with Wind Farm -- India Statistics) and acceptance of such content: 25% (twenty-five per cent) of the Contract amount;             iii.        On supply of 100% of content and acceptance of it: 15% (fifteen per cent) of the Contract amount;             iv.        On handing over of the portal: 25% (twenty-five per cent) of the Contract amount;              v.        On completion of 60 days from hand over: 10% (ten per cent) of the Contract amount; 5.3      Within seven days after receipt by X. Ltd. of a claim for payment, X. Ltd. shall pay to Y. LTD. an amount in accordance with Clause 5.2. 5.4      All contents, information, Software etc. shall become the property of X. Ltd. on full payment by X. Ltd. to Y. LTD. as provided in Clause 5.2. 6.     Delivery Schedule: Y. LTD. and Z. LTD. shall complete the project within days from the date hereof as follows:               i.        24th ________(Month) i.e. Purchase Order date with advance              ii.        50/55th day 13 -- 8 ________(Month) 50% of content             iii.        75th -80th day i.e. 8 -- 13 ________(Month): 100% of content             iv.        90th day: hand over i.e. 23rd ________(Month) 6.1      In the event of delay in the completion of the project X. Ltd. shall not be liable to pay any amount over the project cost to Y. LTD.. In the event of delay on the part of Y. LTD. or Z. LTD in completing the project Y. LTD. and Z. LTD shall be liable to pay a penalty as provided below which may be adjusted against the payment due from X. Ltd. to Y. LTD. and Z. LTD. 6.2      5% of the Order Value/week of delay at every stage i.e. as per delivery schedule refer to clause 6. All payments to be made by X. Ltd. to Y. LTD. within ____ working days from completion of the task as defined above. 7.       7.1      During the term of the Agreement, any confidential information received by either party, under and by virtue of this Agreement, shall be maintained in the strictest confidence and trust. Such obligations of confidentiality shall cease when:-. 7.1.1       The Confidential Information enters the public domain otherwise than as a result of a disclosure by any receiving party hereunder. 7.1.2       A party is required under order of court or any other competent authority to make disclosure of the Confidential Information or any part thereof. 7.2      In the event that any of the parties becomes legally compelled to disclose any Confidential Information, such party shall give sufficient notice to the other party so as to enable the other party to seek a timely protective order or any other appropriate relief. If such order or other relief cannot be obtained, the party being required to make such disclosure shall make disclosure of the Confidential Information only to the extent that is legally required of it and no further. 7.3      If any Confidential Information enters the public domain or is available to the general public or to any group of persons who are not members, directors or employees of either of the parties hereto, the party that becomes aware of the fact that such confidential Information is in the public domain shall, as promptly as possible, inform the other party in writing thereof. 7.4      For the purpose of this Clause, the term `Confidential Information'' shall mean any and all information (verbal or documented) exchanged between the parties hereto, under the terms of this Agreement or incidentally thereto, and shall specifically include the following: - 7.4.1       Customer data, in particular, names, address, sales figures and sales conditions of buyers and users of the software and hardware of the parties hereto. 7.4.2       Distribution data, in particular, names, addresses, sales figures and sales conditions of distributors, agents and licenses of the parties hereto. 7.4.3       Manufacturing data, in particular, procurement and manufacturing price, discounts, commissions and other credits relating to the Software. 7.4.4       Supplier's data, in particular, names, addresses, sales figures and sales condition of suppliers of software and hardware to the parties hereto whether in India or abroad. 7.4.5       Business data, particularly data relating to new products, promotion campaigns, distribution strategies, license agreements and joint ventures in which either of the parties is involved. 7.4.6       Software data, particularly information relating to the Software and the parts thereof as well as any devices designed by the parties hereto to prevent unauthorised copying. 7.4.7       Research and development data, particularly information relating to the software and hardware development of the parties. 7.4.8       Financial data, in particular, concerning budgets, price and revenue calculation, sales figures, financial statements, profit expectations and inventories of the parties. 7.5      For the removal of doubts, the term `Confidential Information'' shall include any tangible expression of such information mentioned above and including, without limitation, photographs, plans, notes, renderings, journals, notebooks, computer programs and samples relating thereto and shall further include any confidential or proprietary information owned by any other person or entity and furnished by such person or entity pursuant to an undertaking to maintain the same in confidence. 7.6      Notwithstanding anything contained herein, the provisions of this Clause shall continue to be applicable and to bind the parties without limit in point in time except and until such information enters the public domain. 7.7      The parties hereby agree that they shall only make such notes, copies, photocopies, backups, or other written, photographic or computer generated records relating to the Confidential Information as are absolutely necessary. Immediately upon termination of this Agreement, the parties shall collect all copies of the Confidential Information received by them and return the same to the other party, or, upon instruction from such other party, destroy all items of Confidential Information in the manner specified. 7.8      X. Ltd. has the right to make other such non-conventional energy portal from Y. LTD. or mutually agreeable terms but Y. LTD. and Z. LTD. do not have the right to make any non-conventional energy portal without first obtaining X. Ltd's consent in writing for any other party. 8.     Number of pages of Content: Y. LTD. and Z. LTD shall provide contents in the website /portal excluding of Photographs/Graphics/Charts aggregating to ________ pages and the matter relating to Wind statistics shall be additional. The contents to be provided by Y. LTD. and Z. LTD. is more particularly described in the schedule annexed hereto. 8.1      Break up of content pagination:               i.        Harnessing the wind 3%              ii.        Environment: 10%             iii.        Segments: 15%             iv.        Government policies and financial incentives: 20%              v.        Planning your wind power project             vi.        Spares and Services: 10% Segments on Happenings/Expert Panel-FAQ''s/Listings & Ads. Will have content as and when received. Deviation from above % pagination can be 5% plus or minus, subject to 1400 Nos. (1 to 6). 8.2      Other Sources of Non-conventional energy: In the Segment Harnessing the Wind, following other non-conventional energy will be covered: Solar/Thermal/Photovoltaic/Small Hydro Power/Co generation/Bio-Energy. 9.     X. Ltd’s Representative X. Ltd. has nominated Mr. ___________to act on its behalf in respect of all commercial and development related issues. Mr. __________will have the authority to make and give all necessary instructions, approvals and decisions required to be given in or about any commercial, development related issue or any other issue concerning the project. The appointment of Mr. ___________shall not prevent X. Ltd. from exercising any function under this Agreement. 9.1      Y. LTD. Y. LTD. has nominated Mr. _______________to act on Y. LTD.''s behalf in respect of all commercial features of this Agreement. Y. LTD.''s representative shall have the authority to receive instructions issued by X. Ltd. under this Agreement, to direct the development of the website/portal and completion of the project, to issue and receive communication from X. Ltd. The representative is responsible for the superintendence of the work so as to ensure that the project is executed in accordance with this Agreement. 9.2      Z. LTD. Z. LTD has nominated Mr. ________________to act in respect of all development related issues in respect of this project. Standard of Performance:                       i.                Y. LTD. and Z.LTD acknowledge that X. Ltd. has entered into this Agreement in full reliance upon the particular skill, experience and ability of Y. LTD. and Z.LTD . to perform the project.                      ii.                Y. LTD. and Z.LTD shall execute the project with such high degree of professional skill, care and diligence expected of a company experienced in performing the type of works which by this Agreement are required to be performed.                     iii.                Y. LTD. and Z.LTD warrant to X. Ltd. that all materials, equipment, information, technology, software provided and employees working on the project shall be of the highest quality, standards and skill. All materials, equipment, content, technology shall be suitable in all respects for their intended purposes. Y. LTD. and Z.LTD warrant that the Project (and each part thereof) will be fit in all respects for its intended purpose.                     iv.                Y. LTD. AND Z. LTD. warrant that the latest available/published Data (i.e. the last published) from Government Departments/Agencies will be used in the various sections.   10.  Sub-contracting for Non-Govt. sources current available Data will be used. Y. LTD. and Z. LTD. may sub-contract any parts of the Project but not the Project as a whole. Such sub-contracting shall not relieve Y. LTD. and Z. LTD. or any of their liabilities or obligations under this Agreement, and all sub-contracting shall be with the prior consent or approval by X. Ltd. at no extra cost to X. Ltd., and such consent or approval of X. Ltd. shall not be unreasonably withheld or delayed. 11.  Project Review Meetings: The representatives of X. Ltd., Y. LTD. and Z.LTD . and any other persons as may be deputed by X. Ltd., Y. LTD. and Z.LTD . shall meet at regular intervals to discuss the progress of the Project as follows:               i.        For the First (1.5) one and a half months: Fortnightly              ii.        For the balance Period: Weekly (every Saturday) Minutes of the Meetings will be maintained by all the parties hereto respectively. 12.  Back End: X. Ltd. will provide the following before ''Hand Over'': 2 weeks before Hand Over:- Lease Line, terminated at site of installation of Web Master Server in Mumbai. Server with related software in the USA Recruitment of Webmaster will be provided by TS. (Technical details will be provided by Z. LTD. within 7 days from receipt of order with advance). 4 weeks before Hand Over: Web Master and Portal Administrator (2 persons). This will facilitate Training and involvement of the Web Master before Hand Over. The above are to be provided by X. Ltd. at its own cost and does not form part of the ''Project Cost'' provided in 5 above. Recruitment for Web Master will be provided by Z.LTD , latest within 60 days from `Hand Over'' and X. Ltd. will not bear any cost for recruitment. 13.  Training consists of Technical and content support by Z.LTD . All Training and Support will be provided upto the 60th day from hand over free of cost. 14.  Training consists of Technical and Content support by Z.LTD All Training and Support will be provided upto the 60th day from hand over. 15.  A.M.C. X. Ltd. may enter into an Annual Maintenance Contract (AMC) with Z.LTD after 60 days from Hand Over at a cost of 35% of the order value. The AMC may be renewable by X. Ltd. every quarter, subject to a notice period of 15 days before expiry of the quarter. AMC will include Comprehensive Technical and any other if required. 16.  The project sum shall be a lump sum amount, which, subject to clause 17 dealing with variations, shall be the lump sum to be paid by X. Ltd. to Y. LTD. for the cost of the Project. Y. LTD. is responsible for making any payment under this Agreement to Z.LTD and X. Ltd. is not responsible for the same. Y. LTD. shall ensure that the project is completed at a cost, which shall not exceed the Project Sum (as adjusted or varied from time to time in accordance with the terms and conditions of this Agreement). Y LTD. remains and shall be fully responsible for the cost of the Project to the intent that (without in any way limiting the generality of the foregoing) should the cost of the Project exceed the Project Sum (as adjusted or varied from time to time in accordance with the terms and conditions of this Agreement), or should Y. LTD.''s or Z. LTD''s prices, charges, fees or claims for any reason whatsoever for carrying out the completion of the Project exceed the Project Sum (as adjusted or varied from time to time in accordance with the terms and conditions of this Agreement), Y. LTD. shall be responsible for the excess. The Project Sum is fixed and shall not be subject to rise and fall in costs, and may only be adjusted or varied from time to time in accordance with the terms and conditions of this Agreement. 17.  Variations                       i.        X. Ltd. may issue instructions to Y. LTD. in writing to reduce or increase or otherwise vary the Project (a "Variation"). Y. LTD. shall not carry out any Variations and X. Ltd. shall not be required to pay for any variations which are not contained in or confirmed by written instructions from X. Ltd. to Y. LTD..                      ii.        The Project Sum shall be adjusted up or down (as the case may be) by the value of each Variation, and the period for practical completion may be reduced or extended by X. Ltd. if the Project is abridged, delayed or disrupted by the Variation, by whatever period is reasonable and necessary in the circumstances. 18.  In consideration of the Project granted hereunder to Y. LTD. and Z.LTD , Y. LTD. and Z.LTD agree that they shall not compel, directly or indirectly, not own, manage, operate or control, participate in or be connected with the ownership, management, operation or with the business of X. Ltd. anywhere in the world during the term of this Agreement and for a period of one (1) year thereafter. 18.1    X. Ltd. has the right to make other such non-conventional energy portal from Y. LTD./ Z.LTD on mutually agreeable terms but Y. LTD./ Z.LTD does not have the right to make any non-conventional energy portal without having of X. Ltd.''s consent, for any other party. 19.  Other Services: 19.1    Y. LTD. and Z.LTD shall help X. Ltd. in setting up the portal including giving presentations, organizing press conference and in preparing business plans and presenting to potentials. 20.  Termination: 20.1    This Agreement shall come into effect on the date hereof and shall continue for a period of ___ days/years from such date unless terminated earlier than such date in accordance with the terms of this Agreement or if renewed with the mutual consent of the parties at least one month before its expiry. 20.2    This Agreement may be terminated at any time before its expiry with the mutual written agreement of the parties. 20.3    This Agreement may be terminated at any time before the expiry hereof by either party by giving ____ month's written notice of such termination to the other party. 20.4    This Agreement may be terminated by any party (the ''Non-Defaulting Party'') in the event the other party (the ''Defaulting Party'') commits any of the following acts:                             i.          Sells or otherwise disposes of all or substantially all of its assets;                            ii.          Files or voluntary winding-up, or in the event a petition for winding up has been filed in respect of the Defaulting Party and has not dismissed within ninety (90) days from the date of filing;                           iii.          The Defaulting Party is in material breach or defaults under the terms of this Agreement, provided that the Defaulting Party has been given notice of such breach by the Non-Defaulting Party and the Defaulting Party fails to cure such breach within 30 days. 20.5    The termination of this Agreement shall not affect any of the obligations of the parties hereunder which have accrued by, and are not discharged prior to (in accordance with their terms), such termination, nor affect the rights of either party hereto to recover damages from such other party by reason of any breach of this Agreement which has accrued prior to or would by its nature accrue after such termination. 20.6    Nothing contained herein shall be construed as limiting in any way, the right of the parties hereto seek any other remedies as may be available to them under law in addition to the remedies herein contained. 20.7    Notwithstanding anything contained herein and regardless of the expiry or earlier termination of this Agreement, the confidentiality obligations contained in Clause ___ above shall continue to be binding on the parties hereto in accordance with the terms thereof. 21.  Except as provided below, Y. LTD. and Z.LTD shall defend and indemnify X. Ltd. from and against any damages, liabilities, costs and expenses (including reasonable attorney''s fees) arising out of any claim that the software or any part thereof infringes any valid patent or copyright or misappropriates a trade secret of any third party, provided that (i) X. Ltd. shall have promptly provided Y. LTD. and Z.LTD written notice thereof and reasonable co-operation, information and assistance in connection therewith, and (ii) X. Ltd. shall have sole control and authority with respect to the defence, settlement, or compromise thereof. 21.1    Y. LTD. and Z.LTD shall have no liability or obligation with respect to any patent, copyright or trade secret infringement or claim thereof based upon (i) use of the Software or any part thereof in an application or environment for which it was not designed or contemplated, (ii) modifications, alterations or enhancements of the software or any part thereof not created by or for X. Ltd. or (iii) any claims of infringement of a patent, copyright or trade secret in which X. Ltd. or any affiliate of X. Ltd. has an interest. 21.2    Y. LTD. and Z.LTD ''s liability for damages to X. Ltd. for any cause whatsoever, regardless of the form of any claim or action, shall not exceed the aggregate licence fee paid by X. Ltd. under this Agreement. In no event shall either party be liable for any loss of date, profits or use or for any special, incidental, indirect or consequential damages arising out of or in connection with the use or performance of the software. 21.3    In no event will Y. LTD. and Z.LTD be liable to third parties for any damages whatsoever. 21.4    X. Ltd. will immediately inform Y. LTD. and Z.LTD as soon as X. Ltd. becomes aware of any threatened or actual liability claim by a third party relating to the software. 22.  Any notice or communication from one party to the other shall be in writing and either personally delivered or sent via facsimile or certified mail, postage, prepaid and return receipt requested addressed, to such other party at the address specified below or such other addresses as either party may from time to time designate in writing to the other party. If to X. Ltd.: ________________ Pvt Ltd. _______________________ ______________________ Attn: Fax: Telephone: If to Y. LTD. & Z.LTD : ____________________ Ltd. _______________________ _______________________ Attn: Fax: Telephone: No change of addresses shall be binding upon the other party hereto until written notice thereof is received by such party at the address shown herein. All notices shall be in English and shall be effective upon receipt. 23.  This Agreement and any amendments thereof supersede all previous agreements and arrangements between X. Ltd. and Y. LTD. and Z.LTD in respect of the subject matter herein contained. 24.  This Agreement may be amended with the mutual consent of the parties by a separate deed recording the terms of the amendment. Each such amendment to this Agreement shall supersede the terms of this Agreement to the extent that they are inconsistent with any such amendment. 25.  The failure, with or without intent, of any of the parties to insist upon the performance (in strict conformity with the literal requirements) by the other party, of any term or stipulation of this Agreement, shall not be treated as, or be deemed to constitute, a modification of any terms or stipulations of this Agreement. Nor shall such failure or election be deemed to constitute a waiver of the right of such party, at any time whatsoever thereafter, to insist upon performance by the other, strictly in accordance with any terms or provisions hereof. All terms, conditions and obligations under this Agreement shall remain in full force and effect at all times during the subsistence of this Agreement except where otherwise amended or modified by them by mutual written agreement. 26.  Should any part of this Agreement be declared illegal or unenforceable, the parties hereto will co-operate in all ways open to them to open substantially the same result or as much thereof as may be possible, including taking appropriate steps to amend, modify or alter this Agreement. If any term or provision of this Agreement shall be hereafter declared by a final adjudication of any tribunal or court of competent jurisdiction to be illegal, such adjudication shall not after the validity or enforceability of any other term or provision, unless the terms and provisions so declared are expressly defined as a condition precedent or as of the essence of this Agreement, or comprising an integral part of, or inseparable from the remainder of this Agreement. 27.  This Agreement shall be governed and interpreted according to the laws of India. The courts in Mumbai shall have jurisdiction over all disputes, controversy or claims between the parties under this Agreement. 28.  Any controversy or claim arising out of or relating to this Agreement, or any breach or alleged breach thereof, shall be finally settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in Mumbai, India. The arbitration panel shall comprise one member each, selected by the two parties hereto and a third member who shall be agreed upon by the two arbitrators already named. The award rendered by the arbitration panel shall be a written award and shall include reasons in writing in support of such award. Judgment upon the award rendered may be entered in any court of competent jurisdiction. However the law governing the arbitration proceedings shall be the laws of the Republic of India. The costs of arbitration should be paid by the defaulting party. SIGNED AND DELIVERED by the with in named) X. LTD. LTD. by its ) Authorised signatory Mr.___________________ ) In the presence of SIGNED AND DELIVERED by the with in named) Y. INFO LTD. by its Authorised ) Signatory Mr._________________________ ) In the presence of ) SIGNED AND DELIVERED by the with in named) Z. SOFTWARE by its Authorised ) Signatory Mr.________________ ) In the presence of )

  • Agreement for Catering

    Agreement for Catering Download Word Document In English. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/) AGREEMENT FOR CATERING BETWEEN ____________________ AND ____________________ THIS AGREEMENT is made on the _____ _________ between _________ CATERERS _______________________ PVT.LTD . (Hereinafter called "the Contractor") of the one part and PRINCIPAL ltd. (Hereinafter called "the Principal") of the other part. The Principal operates offshore vessels at Mumbai High in support of oil and gas fields and is desirous of using the services provided by the Contractor in the filed of catering and housekeeping services. The Contractor is engaged in the field of providing catering and house keeping services to maritime and offshore installations. In consideration of the Contractor undertaking to provide and the principal agreeing to accept services in the field of catering, house keeping, janitorial and laundry services to the Principal’s offshore installations (hereinafter called the "vessel/s" as detailed on Annexure 1), it is mutually agreed as hereunder: 1.     The Scope of work: The services offered by The Contractor shall include catering, house keeping, Janitorial & Laundry services for the offshore installations of the Principal namely __________________. The services shall include provision of all supplies, labour, supervision and other incidentals (other than tools and equipment) necessary for the complete and satisfactory performance of catering services to the Vessels. 2.     Daily Monday Rate: A unit rate of Indian Rupees _______/- per man per day shall be charged for Principal’s personnel on board the vessel subject to a minimum of 65 personnel for Site 1 and 335 personnel for Site 2. Any additional meals served to visitors/representatives of the Principal shall be charged at following rates: Breakfast Indian Rupees ________ per person Lunch Indian Rupees ________ per person Dinner Indian Rupees _______ per person 3.     Period of Agreement The period of this agreement between the Principal and Contractor shall be for a period of two years, commencing with _______ renewable on mutual consent. 4.     Contractor's Obligation: a.     Provide professional cooks, general stewards and other staff to perform designated services to the vessels. The catering staff so provided shall be replaced within a reasonable period of time so as to provide periodical rest to staff members. b.    Pay salaries and other statutory benefits to Catering crew. c.     Provide meals, uniforms and shoes to Catering crew. d.    Ensure periodical medical check-ups for Catering Crew. e.     Purchase all consumable materials within the Scope of Work of catering and other undertaken services and transport the same to the jetty for onward carriage to the vessels. f.     Maintain a surplus of stock of food and provisions at each of the Vessels of sufficient quantity for supplying meals for a period of 15 days in the event of delays in transportation of food, provided that Principal shall furnish adequate storage space for such required surplus stock. g.    Prepare, cook and serve meals as per International Maritime standards i.e. Breakfast, Lunch and Dinner - 7 days a Week based on Menu guidelines as per annexure 2). h.     All meals shall be good and wholesome and shall be prepared and served attractively with sufficient quality and variety of foods, all to the reasonable satisfaction of Principal. i.      Serve in Dining Halls at pre-scheduled timings. j.      Maintain a Monthly Inventory Tabulation for cutlery, crockery, linen and submit to Principal’s authorized representative at each of the Vessels. k.     Ensure all Principal's equipment and property in the kitchen, stores, mess halls, accommodation area and laundry and recreation rooms are cleaned according to schedule and are well cared for. Monthly Equipment Status Report will be prepared and submitted to Principal’s authorized representative at each of the Vessels. l.      Provide laundry services necessary to keep all kitchen, dining and living quarter’s linens, including the uniforms of catering crew, towels, rags, blankets and other similar items in a clean and sanitary condition at all times. m.   Make beds and clean all living quarters on daily basis. n.     Change and wash bed linens and towels, once weekly or as and when a bed is freshly assigned to a new occupant. o.    Supply all soaps, detergents, extermination chemicals required for cleaning and extermination programs for insects and roaches. p.    Adhere to local labour and Government regulations.   5.     Principal's Obligation: The Principal shall provide the following facilities and services to Contractor for smooth Catering and other allied Housekeeping operation at each of the Vessels: a.     Furnish at its expenses the kitchen, including all dishes, plots, pans and silverware, dining and living quarters, including showers and latrines, adequately equipped with such appliances as are reasonably necessary to enable contractor to provide the services described herein including refrigerators, oven range, electric bench mixer, ice cream making machine, ice making machine, soft drink dispenser, milk machine and other permanent equipment of a similar nature required by Contractor for rendering services under this agreement. b.    Mechanical maintenance work required to maintain the equipment in the kitchen, dining and living quarters, including showers and latrines, in good working order and repair and electricity, water and fuel reasonably necessary for the efficient and proper operation of the kitchen, dining and living quarters, including showers and latrines. c.     Furnish at its expenses, laundry and house keeping heavy equipment/fixed installations which will be required for normal day to day house keeping /janitorial operation such as washing machine, tumble dryer, vacuum cleaner, iron boards, steam iron and other necessary equipments. d.    The Principal shall compensate the Contractor for any loss or damage caused by mechanical or electrical failure of storage facilities or equipment resulting in spoilage of provision and stores. The list of spoilage shall be certified by the designated Principal’s Representatives on the Vessels and shall be reimbursed at costs to Contractor along with the monthly billing. e.     Provide an initial stock of crockery, cutlery, glassware, service ware, galley utensils, pots and pans and linens such as bed sheets, pillow, pillow covers, mattresses, towels etc. with a sufficient buffer stock adequate for designated persons on the Vessels for the entire duration of the agreement, including replenishments. f.     Be responsible for the provision of potable water, electricity, fuel, sewage treatment and garbage disposal facilities. g.    Be responsible for the maintenance of paint and equipment to enable Caterer to provide satisfactory services together with an adequate initial inventory of consumables. h.     Provide reasonable use of the communication facilities e.g. radio, telephone, telex and fax to enable Caterer to perform the required services. i.      Provide on site medical facilities and emergency evacuation for Catering crew (Medivac). j.      Provide sea/air transportation facilities as applicable to offshore operations in order to enable Contractor to transport its personnel/food/allied materials to and from the Site to shore end such as quay, jetty or helipads. These facilities should be supplied regularly in time so as to avoid any inconvenience to Contractor in the event of undue delays in logistics support, the Contractor suffers any pecuniary loss such as spoilage of goods etc. or incurs any expenditure, and the same shall be reimbursed to Contractor by the Principal upon presentation of invoices duly supported. k.     Provide accommodation for catering personnel deployed at the Vessels. l.      Provide on Board Safety Training for Caterer’s personnel. Other Clauses: 6.     Mobilisation of Work Personnel: Contractor shall, subject to mutual convenience of either parties, be able to mobilize men and resources in order to take over the installations at a notice of about 3 week’s time. 7.     Ownership of Provisions: All provisions purchased by the Contractor for the supply of the vessels, shall remain the property of the Contractor. 8.     Takeover of Provisions: Upon take over of the vessels by the Principal, the Contractor shall be provided information regarding the Provisions remaining on board, which shall be Inventories and Manifested jointly by the Representative of the Contractor, Representative of the Principal and the Representative of previous contractor. The Joint Investor/Manifest so made shall be final and shall be the basis for determination of the Provisions on board. The Principal shall ensure that the Contractor is not asked to take over items which are not compatible to the planned manning of the vessel, items which are not acceptable due to their not being of good quality, being close to their expiry dates and are likely to turn obsolete before their consumption. The valuation of the take over investors shall be done as per net invoice prices, valued at costs. At the time of the Termination of this agreement either by efflux of time or otherwise, the Contractor shall charge to Principal the value thereof as per the Invoices that the Contractor may hold in support of its pricing. The valuation of the hand over investors shall be done as per net invoice prices, valued at costs. 9.     Applicability of the Rates: Subject to clauses of this agreement the rates hereunder will remain unchanged for a period of one year, after which the terms and conditions will remain the same but rates will be revised to take into account inflationary increase which shall be duly substantiated by Contractor. The rates are applicable and agreed for operations at Bombay high in India only. If the vessel goes out of Bombay high to other fields, the rates would be subject to renegotiations. 10.  Change of Rates: Rates are based on the scope of work and the services offered. However in case of increase or change in scope of work the rates will be revised to take into account additional scope of work and service. 11. Slop Chest: The Contractor shall manage a stop chest on board, if required by the Principal for which a service change of 10% shall be charged to individual personnel using the slop chest. 12. Invoices: Invoices shall be raised by Contractor on monthly basis based on actual number of Principal’s personnel served (subject to minimum manning guarantee) during the period and any extra meals served to the Principal’s visitors/representatives. The meal sheets shall be signed by the relevant Principal’s Representative countersigned by Camp Boss. It will be the responsibility of the Principal to reimburse the same within seven days of receiving the invoice. 13. Service Charges: Service charge of fifteen percent will be applicable on accruals for any additional material/services rendered by the catering contractor. 14. Subsequently Enacted Laws: If there is a change in or enactment of any law in India or interpretation of existing law in India, after the date of this Agreement, which result in additional costs or savings to Contractor on account of his operations under the agreement, the Principal shall reimburse contractor for such costs or Contractor shall agree to a reduction in day rate to reflect such savings as the case may be and the two parties shall discuss and mutually agree on the method and extent to which the Contractor or Principal should be compensated for such additional costs or savings actually incurred. 15. Taxes: Any payment towards tax viz sales tax or any other tax if applicable from time to time will be borne by the Principal. 16. Force Majeure: During force majors i.e. floors, riots, earthquakes, strikes etc., the Contractor should provide the maximum possible services in the given circumstances. Minimum guarantee shall continue to prevail during the period of force major if it is fifteen days or less. If it should continue beyond fifteen days, services shall be provided on specific mutually agreeable and reasonable terms and conditions, including reasonable demobilization costs. 17. Law and Jurisdiction: a.     This agreement shall be governed by laws of Republic of India. b.    Any dispute arising out of this Agreement shall be referred to arbitration with each party appointing its own arbitrator and both parties jointly appointing the third arbitrator. The decision of Arbitrators shall be final and binding upon the parties. The arbitrators shall be commercial men with marine/offshore background. The arbitration shall take place at Mumbai. Signed, sealed and delivered: __________________ ________________ PRINCIPAL CATERER Witnesses 1. 2. Annexure I Vessel 1 Vessel 2 Name of the Installation Location Number of Personnel Excluding cater crew Catering crew Annexure 2 Menu Guidelines Principal (Offshore Installation) For Indian Nationals ∙         Breakfast ∙         Coffee/Tea/Milk or Fruit Juice ∙         Bread/Rolls/Toast And Butter ∙         Eggs to Order (Eggs May Be Served Fried, Boiled, Poached, Scrambled Or In Omelet’s As Requested. ∙         Local Indian Breakfast Like Masala Dosa / Paratha / Puri Bhaji / Umpa Etc. (Variety In North Indian And South Indian Breakfast Will Be Provided) ∙         Preserves Which As A Minimum Shall Include Jam And Marmalade. Lunch and Dinner (All the items are to be listed) Midnight Meal: (All the Items are to be listed) For Expatriate Staff Apart from the Above The Following Items Will Be Made Available Only For The Expatriate Staff.

  • Agreement for Business Centre

    Agreement for Business Centre THIS AGREEMENT is executed at ____ this the ___ day of ______ BETWEEN M/s ________, having its registered office at _________________, carrying on the business of establishing "Business Centre" at ___________, represented by its ________, Mr.____, son of Mr. ___, aged about ___years hereinafter referred to as "The Licensor"'' (Which expression shall, unless it is repugnant to the context, mean and include the successors-in-interest, administrators and permitted assigns) of the One Part AND M/s_______. having it's registered office at No: ____________, represented by its General Manager Mr. ____, son of Mr. ___, aged about ___ years herein after referred to as "The Licensee", (Which expression shall, unless it is repugnant to the context, mean and include the successors-in-interest, administrators and permitted assigns.) of the Other Part. WHEREAS The Licensor has represented that it has___ sq feet of vacant premises, in the business Centre with infrastructure to render ___ office facilities to cater the needs of persons who are in need of office space. The Licensee has approached the Licensor to occupy of the said premises and facilities and the Licensor has agreed to grant the same on mutually agreed terms and conditions mentioned hereunder: NOW THEREFORE IN CONSIDERATION OF THE MUTUAL RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO THIS AGREEMENT WITNESSETH AS FOLLOWS: This agreement shall be in force for a period of __ months from the date of execution of this Agreement. In case the Licensee commits any breach of the terms of this Agreement, or causes any harm or damage to the premises and the amenities provided, the license hereby granted shall stand terminated without notice The Licensee shall pay a license fee of Rs.______/- (Rupees ______only) every month on or before ___ day. The aforesaid Security Deposits shall be returned on the expiry of this agreement or on termination thereof or on the Licensee vacating from the said premises. Should any part of this Agreement for any reason be declared invalid or impossible of compliance or performance by the parties hereto, such part of the agreement shall not affect the validity of any remaining provisions, which shall remain in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated. IN WITNESS WHEREOF the parties hereto have affixed there signatures and seal, on the day, month and year herein above mentioned. Signed sealed and delivered by Mr. ___ the ______ of ______the Licensor Herein Signed sealed and delivered by Mr. ___ the ____ of _____ the Licensee Herein} In the presence of: (Name, address and signature of Witnesses) 1. 2. RECEIVED the day and the year hereinabove written) and from the Licensee) a sum of Rs.___ only ) being security deposit to be paid by the Licensee to the) Centre by cheque no ---------and) dated ---------and both drawn on the Bank -------) In the presence of: (Name, address and signature of Witnesses) 1. 2. Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Format of Acceptance of Regulatory Conditions

    Format of Acceptance of Regulatory Conditions To, The Director General Ministry of Tourism New Delhi. Subject: Acceptance of Regulatory Conditions Dear Sir, I have received a copy of the regulatory conditions prescribed by the Ministry of Tourism for hotels placed on its approved list, and wish to confirm that I have read and understood the same and hereby agree to abide by the same and such other conditions as may be laid down from time to time by the Ministry of Tourism for approved hotels. Yours faithfully, ( NAME IN BLOCK LETTERS)   Managing Director/ Partner/ Proprietor Name of the Hotel Date Download Word Document In English. (Rs.15/-)

  • Agreement between a Company and Manager

    Agreement between a Company and Manager This Agreement made at ................................ this ............ day of ........................2000, between XYZ Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ................................ hereinafter called the company, of the One Part and Shri A son of B resident of ....................................... hereinafter called Shri a of the Other Part. Where as the company is engaged in manufacture of steel in various forms at its factory at …….................................................... and Whereas Shri....................................... who was working as the factory manager with the company has resigned and went abroad for higher studies. And Whereas The company wanted to employ a manager for its factory and for that purpose advertised the vacancy in the leading newspapers and after interviewing all the candidates, who had applied for the post, has selected Shri A for the post of Manager. Download Word Document In English. (Rs.15/-)

bottom of page