Template for Articles of Agreement with contractor for construction works in word / doc format
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9. The Contractor shall indemnify and keep indemnified ROCKET SALES FOUNDATION,, its officers and employees from and against all claims, demands, actions, suits and proceedings, whatsoever that may be brought or made against ROCKET SALES FOUNDATION by or on behalf of any person, body, authority whatsoever and whomsoever and all duties, penalties, levies, taxes, losses, damages, costs, charges and expenses and all other liabilities of whatsoever nature which ROCKET SALES FOUNDATION may be liable to pay, incur or sustain by virtue of or as a result of performance or observance or non-performance or non-observance by the Contractor of any of the terms and conditions of this Agreement or due to misappropriation/damages/destruction/ theft/ loss of any of the properties of ROCKET SALES FOUNDATION caused by the contractor. Notwithstanding the above ROCKET SALES FOUNDATION shall have full power and right at its discretion to pay or defend or compromise any such suits, claims or demands brought or made whether pending or threatened, as it may consider necessary or desirable and shall be entitled to recover from the Contractor all sums or money including all legal costs, charges and expenses incurred by virtue of any such compromise which shall not be called into question by the Contractor but shall be final and binding on the Contractor.
ARTICLES OF AGREEMENTS
ARTICLES OF AGREEMENT made on this 3rd day of March, 2013 between ROCKET SALES FOUNDATION, a trust created by a Declaration of Trust dated 19th September, 2005 registered with the Registrar of Assurances, Mumbai in Book No ___, Volume No. ___, Pages __ to __ being No.____ for the year 2005 having its office at Nirmal Building 16th Floor,15/11 Nariman Point Mumbai 412 215 hereinafter called the “Appointer” ( which expression shall include its successors and assigns wherever the context of meaning shall so require or permit), of the One part and ABC COPORATION PRIVATE LTD. also known and written as ABC CORP (P) LTD., a company incorporated under the Companies Act, 1956 having its Registered Office at 15/1 Park Road Khapoli –458 457 and City Office at 15, N K Road Washi – 458 455 (hereinafter called the “Contractors” which expression shall include its successors and assigns wherever the context or meaning shall so require or permit) of the other part.
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WHEREAS ROCKET SALES FOUNDATION is desirous of Civil Construction work at the proposed Rocket Bhavan on Dag No.204 (P), 315 (P), 317 (P), Central Road, Mumbai (hereinafter referred to as the “Site”) as mentioned, and has got drawings, specifications and the bill of quantities prepared by their Architects/Consultants, GROUP NHM, ARCHITECTS & DESIGNERS, 10TH FLOOR HILL VIEW APARTMENT, PLOT NO.154 BHANDARI COLONY, CBD BELAPUR, MUMBAI -445 457, MAHARASHTRA, INDIA which have been signed by or on behalf of the parties hereto.
AND WHEREAS the Contractor has agreed to execute upon and subject to the conditions set forth herein and to the conditions set forth in the general & special conditions of contract in the tender drawings & the bill of Quantities (all of which are collectively hereinafter referred to as “The said terms and conditions)”, the works, shown upon the said drawings and / or described in the said specifications and included in the said bill of quantities at the respective rates therein set forth amounting to the sum as therein arrived at or such other sum as shall become payable thereunder (hereinafter referred to as the said “Contract value”).
NOW IT IS HEREBY AGREED AS FOLLOWS :
1. In consideration of the said contract value to be paid at the times and in the manner set forth in the said terms and conditions, the contractor shall upon and subject to the said terms and conditions execute and complete the works shown on the said drawings, and described in the specifications and / or bill of quantities.
2. ROCKET SALES FOUNDATION shall pay the contractor the said contract value or such other sum as shall become payable at the times and in the manner specified in the said terms and conditions.
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3. The said terms and conditions and Appendices thereto shall be read and construed as forming an integral part of this Agreement and the parties hereto shall respectively abide by and/or submit themselves to the said terms and conditions and perform their respective part as laid down in the agreements and/or in the said terms and conditions.
4. This contract is neither a fixed lump sum contract nor a piece work contract but is a contract to carry out the work in respect of the entire work as defined in the contract documents to be paid for according to the actual measured quantities at the rates contained in the bill of quantities or as provided in the said contract documents.
5. ROCKET SALES FOUNDATION reserves to itself the right of altering the Drawings and nature of the work by adding to or omitting any items of work or having portions of the same carried out without prejudice to this Contract.
6. Time shall be considered as the essence of this Contract and the Contractor hereby agrees to commence the work from date of the letter of Acceptance and to complete the entire work within Project duration in months as mentioned in Appendix A of Volume-1 General Condition of contract subject nevertheless to the provision for extension of time.
7. All payments will be made by ROCKET SALES FOUNDATION under this contract.
8. The Contractor shall comply with all statutory, rules and regulations that are applicable to the Contractor for the fulfillment of the terms of this Agreement or applicable in respect of its employees. The contractor shall reimburse all costs, expenses and others liabilities, statutory of otherwise, which ROCKET SALES FOUNDATION may incur due to non- compliance of this Clause by the Contractor. Further the Contractor shall produce to ROCKET SALES FOUNDATION on demand all the registers, records, forms, and other documents maintained by the Contractor under any law in respect of itself or its employees.
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9. The Contractor shall indemnify and keep indemnified ROCKET SALES FOUNDATION,, its officers and employees from and against all claims, demands, actions, suits and proceedings, whatsoever that may be brought or made against ROCKET SALES FOUNDATION by or on behalf of any person, body, authority whatsoever and whomsoever and all duties, penalties, levies, taxes, losses, damages, costs, charges and expenses and all other liabilities of whatsoever nature which ROCKET SALES FOUNDATION may be liable to pay, incur or sustain by virtue of or as a result of performance or observance or non-performance or non-observance by the Contractor of any of the terms and conditions of this Agreement or due to misappropriation/damages/destruction/ theft/ loss of any of the properties of ROCKET SALES FOUNDATION caused by the contractor. Notwithstanding the above ROCKET SALES FOUNDATION shall have full power and right at its discretion to pay or defend or compromise any such suits, claims or demands brought or made whether pending or threatened, as it may consider necessary or desirable and shall be entitled to recover from the Contractor all sums or money including all legal costs, charges and expenses incurred by virtue of any such compromise which shall not be called into question by the Contractor but shall be final and binding on the Contractor.
10. The term GROUP NHM, ARCHITECTS & DESIGNERS, in the said conditions shall mean the said GROUP NHM, ARCHITECTS & DESIGNERS or in the event of its dissolution or its ceasing to be GROUP NHM, ARCHITECTS & DESIGNERS, for the purpose of this Contract, such person as the Owner shall nominate for that purpose, not being a person to whom the Contractor shall object for reasons considered to be sufficient by an arbitrator appointed in accordance with the said Conditions. Provided always that no persons subsequently appointed to be GROUP NHM, ARCHITECTS & DESIGNERS under this contract shall be entitled to disregard or overrule any certificate or opinion or decision or approval or instruction given or expressed by GROUP NHM, ARCHITECTS & DESIGNERS for the time being.
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11. All disputes arising out of or in any way connected with this agreement shall be deemed to have arisen at site and only courts in “LOCATION” shall have jurisdiction to determine the same.
12. That the several parts of this Contract have been read by the Contractor and fully understood by the Contractor. The Contractor shall not be entitled to payment in respect of the quantities beyond what have been tendered unless ordered for by specific written instructions from ROCKET SALES FOUNDATION.
IN WITNESS WHEREOF ROCKET SALES FOUNDATION, the appointer has set its hand to these presents through its duly authorised official and ABC CORP (P) LTD., the Contractor has caused its common seal of to be affixed hereto has caused these presents to be executed on its behalf, on the day, month and year first herein above written.
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Signature Clause
SIGNED AND DELIVERED BY
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The presence of
(1)
Address
(2)
Address
Witness
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THE COMMON SEAL OF ABC COPORATION PRIVATE LTD is hereunto affixed pursuant to the resolutions passed by its Board of Directors at the meeting held on 25.12.2012 in the presence of
(1) Mr Nilesh Kapoor, Director
(2)
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The Director who has signed these presence in the presence of
(1) Mr Shankar Binani
(2) Mr Rajesh Kundu
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