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AGREEMENT FOR CONSTRUCTION OF BUILDING

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Agreement for construction of Building




AN AGREEMENT made this ..........................day of.......................... 200.. BETWEEN

M/S ……………………………………………………………………………………………………………… a company registered under companies act 1956, having its registered office at ……………………….. ……………………………………………………………………………………. Duly represented by its GPA holder Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the CONTRACTOR, unless repugnant to the context herein the word shall mean and include its successors in office, administrators, executors of the one part

And

Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the OWNER unless repugnant to the context herein the word shall mean and include his heirs for any dues and liability as an agent, permitted assigns of the other part



WHEREAS the Owner is desirous for appointing a Contractor for construction of his house at............. and the Contractor has agreed to accept the construction work under the terms and conditions appearing hereinafter.


NOW THIS AGREEMENT WITNESSETH as follows:



1. The Contractor shall at their own cost [take down & remove the house & buildings, situate and being premises No............. in............. street, etc.] erect, build and completely finish in a good, substantial, and workmanlike manner and [with the best men and materials of their several kinds] a house and other buildings upon a piece of land belonging to the owner, lying and situate at......... [that is the site upon which the said house and buildings are existing] according to the plans, elevations and sections, and in accordance with the specification of the works and drawings which have been duly signed by the Contractor and also by the owner's architect M/s. ………………………………………………….



2. The said works shall be executed under the direction and to the satisfaction in all respects of the said M/s. ……………………………….. , who shall have been appointed to act for him for the purpose of this contract.



3. The owner hereby grants licence to the Contractor to enter on the premises for the purpose only of performing this contract, the Contractor shall forthwith commence the said works actively prosecute the same, and the said works shall in all respects be completed by making the said house and buildings made fit for habitation and use within ........... calendar months from the date of these presents; Provided that if any delay shall arise from fire or due to any unforeseeable and unavoidable circumstances or any natural calamities or other inevitable cause or accident or any strike or lock-out in the building trade or any other trade or employment, or by the default of the owner in paying in due course any moneys payable to the Contractor under this contract then such further time shall be allowed for the construction thereof as the architect shall in writing certify to be reasonable.



4. All materials to be used in the works, although the same would be particularly mentioned in the specification or as from time to time required in writing by the owner or the architect, shall be supplied and furnished by the Contractor.



5. The contractor shall, on completion of the said works, at his own expense, remove and clear away all scaffolding, fencing unused materials, and rubbish from the same, and leave the whole of the works and premises in a clean and proper state.



6. The owner shall pay to the Contractor the sum of Rs.......... (Ru­pees.......................) only which shall include the cost of labour and of all materials, plant, and other things required for the purpose of the works, and of the conveyance or transport and removal thereof to or from the works in manner following that is to say, (a) the sum of Rs............. (Rupees...........,.............) only upon the production of the owner's certificate, of the architect that works to the value of Rs............. (Rupees.........,...............) has been duly executed to his satisfaction by the Contractor, (b) the further sum of Rs.. upon the production, of like certificate that work to the value of Rs............. (Rupees.........................) has been so executed, (c) and the remaining said sum of Rs............. {Ru­pees... ......,....) upon the production to the owner of the certificate of the architect that the said works have been in all respects completed making the said house and buildings made fit for habitation and use, in accordance with the contract and to his satisfaction, or, (the sum to be paid by the owner to the Contractor for the said works shall be ascertained according to the rates specified in the schedule of prices annexed to the said specification, so far as the prices are there specified, which shall include the cost of labour as above and the payment for any work not included in the said schedule of prices, shall be fixed by the architect).



7. Weekly payments on account shall be made by the owner to the Contractor upon the certificates of the architect of the contract value of the work executed, subject to a deduction of 10% upon such value which shall be retained by the owner until the completion of the work, and shall be paid to the Contractor upon the certificate of the architect of the works having been completed, and of the balance remaining due to the contractor.



8. All such payments to be made to the contractor under this agreement in the manner as aforesaid, shall always be, subject to a statutory deduction as provided under the Income Tax Act, 1961, for which necessary certificates for such deduction for the purpose of Income Tax shall be provided by the owner to the contractor along with every payment.



9. The architect shall not give his certificate in respect of any work which is in any respect defective or not according to the contract or otherwise not done to his reasonable satisfaction or while the contractor is not using due diligence in the prosecution of the works, or is otherwise making default for the performance of this contract.



10. The owner [or the architect] may at any time during the progress of the works by order in writing make or cause to be made any alteration in the said original specification and plans by way of omission or addition or otherwise deviating there from, and the said works shall be executed according to the said alteration or deviations under the direction and to the satisfaction of the architect in the same manner as if the same had been included in the said original specification and plans; and any work or materials which shall so be ordered not to be done or used shall be omitted or shall not be used by the contractor.



11. All additions and deductions to be made to or from the amount of the Contract price in respect of any such alteration or deviation from the said specification or plans as aforesaid shall be fixed by the architect: and the difference of expense occasioned by any such alteration or deviation shall be added or deducted to or from the contract price. But no payment or allowance whatever shall be made to the Contractor for any extra work or materials done or used by him without a previous order or authority in writing from the owner; and any alteration or deviation ordered or authorized as aforesaid shall not in anywise alter the total contract price to be paid to the Contractor, except so far as the same shall alter the amount of labour or the value of the materials which may be required to be used in or about the works, nor shall alter the mode in which the contract price is to be paid, or in which the value of the work done is to be ascertained with a view to payment thereof. And the Contractor shall not by reason of any such addition to or alteration in the works as aforesaid be allowed any further time for completing except such further time (if any), as the architect shall in writing certify to be reasonable.



12. The owner shall be entitled to deduct any moneys which the Contractor shall be liable to pay to the owner, under this contract or otherwise, from any sum which may become payable to the Contractor hereunder; and the architect in making his certificates as aforesaid shall have regard to any sums so chargeable against the Contractor: PROVIDED always that provision shall not affect any other remedy by action at law, or otherwise to which the owner may be entitled for the recovery of any such moneys.



13. In case the said works shall not in all respects be completed [and the said house and buildings made fit for habitation and use] [and all scaffolding, fencing, unused materials and rubbish cleared away] on or before the............. day of.............. or within such extended time as shall be allowed for that purpose, as hereinbefore mentioned, and the architect shall certify in writing the fact of such non-completion or non-removal, then the contractor shall pay to the owner, as liquidated damages for such default, and not as a penalty, the sum of Rs............ (Rupees...............), for every subsequent week, and so in proportion for any part of a week, until the completion of the said works, and the removal of all scaffolding, fencing, unused materials and rubbish, such completion and removal to be certified in writing by the architect.



14. All materials which may from time to time during the progress of the works be in, upon, or about the premises for use in the said works (except such as may be rejected by the architect as not being in accordance with the specifica­tion), shall be deemed to be the absolute property of the owner, and save as regards any surplus materials remaining over after completion of the said works in accordance with this contract, shall be used solely for the purpose of the said works and shall not be removed without the consent or authority of the architect but the Contractor shall nevertheless be solely responsible for the loss or destruction thereof, and for all damage which may happen thereto by fire or any other cause whatsoever and the Contractor shall likewise be liable to make good all damage which may happen to the said works from any cause what ever thereto during the progress thereof.




15. The Contractor shall depute company civil engineer to superintend the execution of the work, and shall not assign [or sublet] this contract or any part thereof, without the express licence and approval in writing of the owner.



16. A supervisor or engineer appointed and paid by the Contractor shall be constantly on the works, and all direction given to him by the architect shall be deemed to have been given to the Contractor. The site supervisor of the work shall be appointed and paid by the owner and shall at all times be allowed to inspect the works and materials on behalf of the architect and subject to an appeal to the architect no materials to which the said supervisor shall object shall be used.


17. In case at any time during the progress of the works any unnecessary delay shall occur in the carrying on of the same through the default of the Contractor [and such delay shall be certified by the architect] and the owner or the architect shall give a written notice to the Contractor to proceed with the said work or leave the same, if contractor does not rectify then the owner shall be at liberty, without avoiding this contract, to recover possession of the said premises or any part thereof, and to take the said works wholly or partially out of the hand of the Contractor, and to employ any other person or persons to execute the same and for that purpose to retain possession of, and use all materials and to take possession of, and use of scaffolding, plant, tools, implements and things on or aboutthe said works and all expenses and damages thereby incurred, shall be ascertained and certified by the architect and shall be paid by the contractor to the owner.



18. In case the Contractor shall at any time neglect or omit to pull down or remove any work or materials which the architect shall have to certify in writing to be defective, or not according to contract within......... days after writing notice so to do shall have been given to him or left on the works by the owner or the architect or left as aforesaid, or within such further time as may be specified in such notice, or in case the Contractor shall assign [or sublet] this contract or any part thereof without licence or prior approval of the owner, then and in any such case the owner shall be at liberty, without avoiding this contract, to recover possession of the said premises or any part thereof, and to take the said works wholly or partially out of the hand of the Contractor, and to employ any other person or persons to execute the same and for that purpose to retain possession of, and use all materials and to take possession of, and use of scaffolding, plant, tools, implements and things on or aboutthe said works and all expenses and damages thereby incurred, shall be ascertained and certified by the architect and shall be paid by the contractor to the owner.



19. The certificate, or decision in writing, of the architect upon any matter as to which he is hereby authorised to certify or decide, shall be final and binding upon both parties, except that the architect may by any certificate make any correction or modification in any previous certificate which shall have been made by himself, or by any predecessor in his office, except that certificate shall not be conclusive as to the sufficiency of any work or materials to which it relates and shall not relieve the Contractor from the liability to make good any defective work or materials.



20. The Contractor shall conform in all respects to the provisions and regulations of any general or local Act of Parliament, or of any local authority which may be applicable to the said works, and indemnify the owner against all penalties incurred by reason of non-observance of any such provisions or regulations.



21. The Contractor shall indemnify the owner against all actions or proceed­ings which may be brought or taken against the owner in respect of damages caused to a public street by the contractor in the performance of this contract.



22. The owner shall indemnify the Contractor against all actions and proceedings on the part of any person having or claiming ancient lights, on account of any actual or alleged or apprehended interference of the said buildings and works therewith.



23. The owner and the Contractor shall respectively at their own expense insure against their several liabilities covered by this contract in such sums as may be determined under these presents and in default of any provision therein, then any such sums as shall be reasonable and each party shall upon the demand of the other at any time produce for inspection the relevant policy or policies of insurance and the receipts for premium paid.



24. In case of any dispute or difference shall arise between the owner or architect and the contractor either during the progress or after completion or abandonment of the works as to the construction of the contract or as to any matter thing arising therein or in connection therewith or in respect of any certificate or decision in writing of the architect, issued upon the Contractor for the purpose, either party may forthwith give to the other notice in writing of any such dispute or difference and the same shall be referred to the arbitration and the final decision of a single arbitrator to be agreed upon the parties, or failing agreement within 30 days of such notice to be given at the request of the either party, by the President of the Institute of Civil Engineers for the time being. The award of such arbitrator shall be final and binding upon the parties.



IN WITNESS WHEREOF the Parties have hereunto set their respective hands the day and year first above written.


OWNER



GPA HOLDERS
Photo


WITH COMPANY SEAL




LTM FOR IDENTIFICATION




SIGNATURE


Name:…………………………………….


CONTRACTOR




Photo







LTM FOR IDENTIFICATION




SIGNATURE




Name:…………………………………….


Witnesses



Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE



2 Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE

MODEL DEED ON SOFT AND HARD - WARE MARKETING

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Agreement for Marketing Software & Hardware

AN AGREEMENT made this ..........................day of.......................... 200.. BETWEEN M/S ……………………………………………………………………………………………………………… a company registered under companies act 1956, having its registered office at ……………………….. ……………………………………………………………………………………. Duly represented by its GPA holder Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the company, unless repugnant to the context herein the word shall mean and include its successors in office, administrators, executors of the one part and Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the agent, unless repugnant to the context herein the word shall mean and include his heirs for any dues and liability as an agent of the other part

WHEREBY IT IS MUTUALLY AGREED as follows:




The Company appoints the Agent as its agent in........... for the sale of Software & Hardware of Computers and other electronic office equipments and merchandise as may be decided upon and directed by the Company for............ years commencing from...........


The Agent shall during the said term of.................. years, determinate as hereinafter mentioned, faithfully and diligently serve the Company as its agent and endeavour to extend the sale -of the Company's said goods, produce and merchandise in the said territory.



The Agent shall provide for himself a suitable office at............. or elsewhere as may be directed by the Company for the purpose of carrying on the agency hereby created.



The Agent shall maintain a well-furnished showroom wherein the products of the Company shall be displayed and shall exhibit at a conspicuous part of such office and showroom as aforesaid an inscription notifying to the public that he is acting as the agent of the Company and shall also exhibit a like inscription on all invoices, bills, memos, letter, papers and labels used in connection with the said Agency.



The Company shall from time to time furnish the Agent with a statement of the minimum prices at which the said goods, produce and merchandise are respectively to be sold and the Agent shall not sell the same below such minimum prices but shall endeavor to obtain the best price respectively procurable.



During the subsistence of the agency hereby created the Agent shall devote his whole time and attention to the sale of the Company's said goods produce and merchandise and shall not sell goods, produce or merchandise or the same or similar class or any other wares whatsoever as shall or may compete or interfere with the sale of the Company's said goods, produce or merchandise either on his own account or on behalf of any other person, firm or company and shall not do or suffer to be done any act whatsoever as may prevent such sale or otherwise interfere with the development of the Company's trade or business in those commodities in the said country,

Upon receipt of an order for any such goods, produce or merchandise as aforesaid the Agent shall immediately transmit the same to the Company and the Company on being satisfied that the terms and conditions on the part of the Agent to be observed and performed hereunder have been duly fulfilled shall execute the said order by supplying the said goods, produce or merchandise direct to the purchaser.



Upon the execution of such order as aforesaid the Company shall forward to the Agent a duplicate copy of the invoice sent with the goods to the purchaser thereof and shall from time to time inform the Agent when payment is made by any purchaser to the Company.







The Agent shall duly keep an account of all his dealings as such agent and shall within a week after every six calendar months send a copy of such account to the Company and on the same being found correct the Company shall pay to the Agent the commission next hereinafter mentioned.


The Company shall allow the Agent by way of commission ............ percent of the invoiced price of all goods, produce and merchandise ordered through the Agent and duly paid for by the respective purchasers thereof.


The Company shall during the subsistence of the agency hereby created pay to the Agent by way of additional remuneration a sum of Rs. .......... per month. Such monthly remuneration shall be remitted to the Agent within ……. week of every month. In like manner the Company shall also pay to the Agent the cost of all …………… sent to it by the Agent in connection with the sale of the Company's said goods, produce and merchandise.


The Company may by notice to the Agent terminate this agreement and thereupon the agency hereby created shall cease except so far as concerns the rights of either party in connection with any act, deed or thing done, omitted or suffered by either party prior to such determination.



The agency hereby created shall be terminated by the death of the Agent or by his becoming incapable of doing business for a period of ............ months or by his becoming a bankrupt or by his effecting a composition with his creditors and shall, save so far as concerns the rights and remedies of the Company, ipso facto determine on the Agent committing any act of fraud on the Company.


The Agent shall duly maintain and preserve or cause to be maintained and preserved all usual and proper books of account and all other papers and documents relating to the agency hereby created and shall permit the Company and all persons authorized by it from time to time to examine the same or to take or cause to be taken copies of or extracts from such books, papers and documents and/or to remove or take away the same. The said books, papers and documents shall be the property of the Company and delivered to it or its authorized representative on determination howsoever of the agency hereby created un-defaced and un-mutilated.


The Agent shall in all cases make necessary enquiries into the financial position and commercial status of all persons, firms and companies with whom he may deal on behalf of the Company and shall give to the Company all information’s it may desire of such persons, firms and companies.



The Agent shall send to the Company a weekly report, of all business done by him on its behalf and of his efforts to extend its business and shall give to the Company all other information’s which it may desire to have and shall also send to the Company such cables from time to time as may be necessary in connection with the said business.



All questions or differences whatsoever which may hereafter arise between the parties hereto touching these presents or the subject-matter thereof or arising out of or in relation thereto shall be referred to arbitration which shall be held at …………………


COMPANY





GPA HOLDERS
Photo


WITH COMPANY SEAL




LTM FOR IDENTIFICATION




SIGNATURE


Name:…………………………………….




AGENT










Photo







LTM FOR IDENTIFICATION




SIGNATURE




Name:…………………………………….





Witnesses




Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE



2 Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE

MODEL DEED - ON OVERSEAS AGENCY

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AGREEMENT ON OVERSEAS AGENCY



AN AGREEMENT made this ..........................day of.......................... 200.. BETWEEN

M/S ……………………………………………………………………………………………………………… a company registered under companies act 1956, having its registered office at ……………………….. ……………………………………………………………………………………. Duly represented by its GPA holder Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the company, unless repugnant to the context herein the word shall mean and include its successors in office, administrators, executors and assigns of the one part

And

Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the distributors/agents/………….., unless repugnant to the context herein the word shall mean and include his heirs for any dues and liability as an agent, permitted assigns of the other part




WHEREBY IT IS AGREED as follows :


1. The company hereby grants to the distributors the exclusive right during the continuance in force of this agreement to purchase for resale in the territory specified in the first schedule hereto {hereinafter called the territory) those of its products specified in the second schedule hereto (hereinafter called the products) subject to the terms and conditions hereinafter appearing.



2. The period during which this agreement shall be in force shall be a period of............... years from …………………… and thereafter from year to year subject to the provisions as to termination either during the period of................. years or thereafter contained in ………….. hereof Or This agreement shall come into force on ………….. and shall continue until terminated in accordance with the provisions of clause ………………



3. Orders for the products shall be made by the distributors to the company at [address] or to such other address as may subsequently be notified by the company and the company shall sell the products to the distributors in accordance with those orders at such prices as the company shall from time to time fix [f.o.b. Indian port approved by the company or as the case maybe.]) The company undertakes to fulfill the orders of the distributors for the products with all reasonable dispatch but shall not be liable in any way for any loss of trade or profit occurring to the distributors in the event of delivery of the products being frustrated or delayed by strikes riots lockouts trade disputes acts or restraints or governments the imposition of restrictions on exportation or from any other cause not within the control of the company.



4. Title to the products invoiced to the distributors shall pass to the distributors when the invoiced products are placed on board ship at the approved Indian port and payment therefor shall become due from and payable by the distributors in net cash on receipt of shipping documents except in so far as other terms for payment may from time to time be agreed by the company.



5. Payment for the products shall be made by the distributors to the company at any banking institution in India nominated by the company in …………………… or at such other place or in such other ………………. as may be notified in writing by the company and is permissible under the Foreign Exchange Regulation.



The distributors hereby undertake and agree with the company that they will at all times during the continuance in force of this agreement observe and perform the terns and conditions set out in this agreement and in particular;


a. Will use at all times their best endeavours to promote and extend sales of the products throughout the territory to all potential purchasers thereof and work diligently to obtain orders therefor— (1) By means of personal visits to and by correspondence with such purchasers. (2) By advertising and by the distribution of printed matter subject however to the specific prior approval in writing in all cases of the company to the form manner extent and wording of such adver­tising and such distributed matter and without recourse to the company for any expense incurred unless such expense is specifically authorised by the company in writing

b. Will not without the previous consent in writing of the company be concerned or interested either directly or indirectly in the manufacture production importation sale or advertisement of any goods in the territory which are like or similar to or which either alone or in conjunction with some other product perform or are designed to perform the same or a similar function to or which might otherwise compete or interfere with the sale of any of the products


c. Will not either directly or through any agent sell any of the products outside the territory or knowingly or having reason to believe that they would be so resold sell the products to any person or body corporate or unincorporated within the territory with a view to their resale outside the territory


d. Will in all correspondence and other dealings relating directly or indirectly to the sale or other dispositions of the products clearly indicate that they are acting as principals.


e. Will not incur any liability on behalf of the company or in any way pledge or purport to pledge the company's credit or accept any order or make any contract binding upon the company without the company first approving the terms thereof.


f. Will not sell the products at any price other than that for the time being fixed by the company for the sale of products within the territory without the previous consent in writing of the company.


g. Will immediately bring any improper or wrongful use in the territory of the company’s patents trade marks emblems designs models or other similar industrial or commercial monopoly rights which come to their notice to the attention of the company and will in and about the execution of their duties use every effort to safeguard the property rights and interests of the company and will assist the company at the request of the company in taking all steps to defend the rights of the company other than by the institution of legal proceedings.


h. Will promptly bring to the notice of the company any information received by them which is likely to be of interest use or benefit to the company in relation to the marketing of its products in the territory.


i. Will keep full proper and up-to-date books of account and records showing clearly all inquiries transactions and proceedings relating to the distributorship and will allow the authorized officers of the company to have access to the said books and records and take such copies thereof as they may require.


j. Will from time to time upon the request of the company supply to the company reports returns and other information relating to the distribu­torship.


k. Except in so far as hereinafter provided the distributors shall not assign transfer charge or in any manner make over or purport to assign transit charge or make over this agreement or their rights there under or any part thereof without the consent in writing of the company.


l. Will in purchasing the products be bound by the company's conditions of sale as from time to time in force and any modification thereto made by the company either generally or in respect of any particular purchase and in selling will contract on like terms to those conditions as from time to time in force together with any general or particular modifications as respects any particular sale and will not make any promises represen­tations warranties or guarantees with reference to the products except such as are consistent with those conditions or as are expressly authorized by the company in writing.


m. Will not alter obscure remove conceal or otherwise interfere with any markings or nameplates or other indication of the source of origin of the goods which may be placed by the company on the products.


The company hereby agrees with the distributors that it will during the continuance of this agreement:


a. Not sell any of the products to any person or body corporate or unincorporated within the territory other than the distributors or to any person or body corporate or unincorporated outside the territory with a view to the resale of the products within the territory save as provided in clause ……………….. hereof;


b. At its own expenses supply the distributors with such amount of samples and patterns and of instruction books technical pamphlets catalogues and advertising material in ……………….. language as it considers reasonably sufficient with a view to promoting sales of the products within the territory;


c. Whenever the company considers it necessary send at its own cost a representative to visit the distributors for the purpose of promoting sales of the products;


d. Use its best endeavors to safeguard the sole and exclusive rights hereby granted to the distributors including the taking of such steps as may be available to it to prevent the infringement of those rights by other distributors or agents of the company and to prevent the infringement of its patents trade marks emblems designs and other similar industrial or commercial monopoly rights within the territory.


The company reserves to itself notwithstanding anything to the contrary herein contained the following rights:


a. To supply the products to customers within the territory after [date of commencement of agreement] in pursuance of firm orders placed with the company before that date or in pursuance of orders resulting from negotiations pending at that date and no right to any payment shall accrue to the distributors in respect thereof provided that information relating to all such orders and negotiations shall be given to the distributors within........ days of the commencement of this agreement;


b. To trade direct for ultimate delivery of the products within the territory but so that where the products are sold by the company with knowledge that they are for use in the territory the distributors shall be entitled to be paid a commission of............. per cent on the net price ……….. Indian port approved by the company in consideration of the distributors assisting the company to obtain business from the territory as and when requested and on receipt by the company of payment in full for the products; Provided that—


c. The distributors shall not be entitled to con .mission on any sale in respect of which they have failed to render such assistance as may be requested by them


d. The distributors shall be entitled to only such commission as the company may in its absolute discretion determine on any sale direct by the company to any Government department or agency State-owned public utility or industry in the territory


e. In its discretion to decline to submit, a tender on any inquiry or to accept any order from the distributors and by so declining shall not incur any obligation to the distributors;


f. To vary the first schedule hereto defining the products either by withdrawing there from a class or classes of products named therein in the event of the company ceasing to manufacture that class or or those classes of products or by the addition thereof after consultation with [or with the agreement of] the distributors of a further class or further classes of products of the company;


g. If in the opinion of the company the distributors are not at any time producing adequate sales coverage throughout the whole of the territory and without prejudice to any other of its rights under this agreement either to vary the second schedule hereto so as to exclude from this agreement such part or parts of the territory therein defined as it thinks fit or to vary the first schedule hereto so as to exclude from this agreement such one or more of the products herein defined as it thinks fit or to take both these courses of action save that neither such course of action shall be taken under this clause without prior consultation with he distributors;


h. To take such steps itself as may seem necessary or expedient (including and without prejudice to the generality of the reserved right to appoint a representative in the territory) to promote the sale of the products in the territory and to notify the distributors of any persons firms or bodies corporate or incorporate carrying on business in the territory who appear to it to be potential purchaser of the products.



Upon the termination of this agreement from any cause or at any time previous to such termination at the request of the company the distributors shall promptly return to the company or otherwise dispose of as the company may instruct all samples patterns instruction books technical pamphlets catalogues advertising material specifications and other materials documents and papers whatsoever sent to the distributors and relating to the business of the company. Upon such termination the distributors shall forthwith deliver up to the company or otherwise dispose of as the company directs the products and any parts thereof the property of the company, which the distributors may have, in their possession or under their control. The cost of carnage insurance duty and charges incurred in any such return delivery up or other disposal shall be borne equally between the parties / by……………. Party.


The company shall have the right at anytime by giving notice in writing to the distributors to terminate the agreement forthwith in any of the following events: If the distributors commit a breach of any of terms or conditions of this agreement; If the distributors enter into liquidation whether compulsorily or volun­tarily otherwise than for the purposes of amalgamation or reconstruc­tion or compound with their creditors or have a receiver appointed of all or any part of their assets or take or suffer any similar action in consequence of debt / If the distributors or any of the members of the firm become bankrupt or insolvent or enter into any arrangement with their creditors or take or suffer any similar action in consequence of debt. After ……………………………… either party shall have the right to determine this agreement by giving ....... calendar months' notice in writing, expiring on the ................... date of.............. in the ....... or in any subsequent year to the other party.

The distributors undertake that they will not at any time after the making of this agreement divulge any information in relation to the company's afffairs or business or method of carrying on business.


Where in order to enable the distributors to maintain adequate sales coverage the appointment by the distributors of agents or sub-distributors is desirable the distributors shall be entitled with the previous consent in writing of the company to make such appointment but only on such terms as the company shall in writing approve and the distributors shall be at all times responsible for the acts deeds or omissions of all persons firms or companies so appointed.


The company shall not be responsible for acts or defaults of the distributors' employees or representatives.


Nothing in this agreement shall constitute or be deemed to constitute a partnership between the parties hereto or constitute or be deemed to constitute the distributors as agents of the company for any purpose whatever and the distributors shall have no authority or power to bind the company or to contract in the name of and create a liability against the company in any way or for any purpose.


Any dispute difference or question which may arise at any time hereafter between the company and the distributors touching the true construc­tion of this agreement or the rights and liabilities of the parties hereto shall be referred to the decision of a single arbitrator to be agreed upon between the parties or in default of agreement for fourteen days to be appointed at the request of either party by [person nominated to appoint in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force.


This agreement shall be deemed to have been made in India and the construction validity and performance of this agreement shall be governed in all respects by the law of that country.




COMPANY





GPA HOLDERS
Photo


WITH COMPANY SEAL




LTM FOR IDENTIFICATION




SIGNATURE



Name:…………………………………….


AGENT/DISTRIBUTOR






Photo







LTM FOR IDENTIFICATION




SIGNATURE





Name:…………………………………….


Witnesses


Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE



2 Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE



MODEL DEED ON AGENCIES

CLICK HERE




AGENCY AGREEMENT








AN AGREEMENT made this ..........................day of.......................... 200.. BETWEEN M/S ……………………………………………………………………………………………………………… a company registered under companies act 1956, having its registered office at ……………………….. ……………………………………………………………………………………. Duly represented by its GPA holder Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the company, unless repugnant to the context herein the word shall mean and include its successors in office, administrators, executors of the one part and Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the agent, unless repugnant to the context herein the word shall mean and include his heirs for any dues and liability as an agent of the other part




WHEREBY IT IS AGREED as follows:





1. The company hereby appoints the agent as its sole selling agent in the areas described in the A schedule hereto (hereinafter called the territory) to obtain orders from business houses therein for the products of the company set out in the B schedule hereto (hereinafter called the products) on the terms and subject to the conditions hereinafter set out.





The agency hereby created shall commence on the.......................... of...................... 200 .. and shall continue until determined as hereinafter provided.




It shall be the duty of the agent to use his best endeavors to maintain and increase the sale of the products and to represent properly the interests of the company within the territory by systematic canvassing either personally or with the assistance of his travelers by assisting in advertising schemes which the company may organize within the territory and in all other practicable ways. Provided always that the agent shall not incur any expenditure on advertising except with the previous express authority of the company in writing.




All orders solicited by the agent shall be solicited only at the prices and on the conditions of sale set out in the company's current price list applicable to the territory unless the previous express authority of the company in writing has been obtained.




All orders obtained by the agent shall be forwarded immediately to the company at its registered address or such other address as may subsequently be notified to the agent.




In consideration for the services to be performed by the agent for the company the company agrees to pay the agent an annual sum of Rs.........………………………….. payable in arrear in equal installments at intervals of........................... months) and in a commission of................................ Percent on the invoiced price [less Income-Tax/service tax/ other taxes] of orders executed on behalf of customers introduced by the agent including repeat orders from those customers. No commission shall be payable in respect of bad debts or on replacements made free of cost by the company.




7. The company hereby agrees with the agents that it will during the continuance of this agreement:



At its own expense supply the agents with such amount of samples patterns instruction books technical pamphlets catalogues and advertising material as it consider reasonably sufficient with a view to promoting sales of the products within the agency district.




Provide the agents with a stock of the goods free of all expense of delivery to the agents' premises to the value of Rs............... according to the company's price list and replenish every …………… months such stock so as to keep it at that value Provided always that the agents shall have no right of action against the company for delay occasioned by shortage of stock delays in transit accidents strikes or other unavoidable occurrence in replenishing such stock;




Where practicable refer all inquiries for the goods received from addresses within the agency district to the agents. Provided that if it is impracticable in the opinion of the company so to refer such inquiries the company shall have the right to supply the goods direct to addresses within the agency district and will pay to the agents in respect thereof such remuneration as is specified in clause ………………… hereof.




The commission payable in pursuance of clause ………….. hereof shall be payable at the end of each …………………………… in respect of invoices paid in full during that ………………… except that where payments by customers are made in installments the agent shall be credited with proportionate part of the commission on receipt by the company of each such installment and the installment shall be deemed to be payment in full for the purpose of determining the commission payable in the appropriate period.




The agent shall during the continuance of this agreement in all matters act loyally and faithfully to the company and during the continuance of this agreement and for a period of................... years after the termination of this agreement for any cause whatsoever shall not engage or be interested either directly or indirectly whether as principal agent or employee in any business competing with that of the company within a radius of............ form..............






8. The company may determine the agency immediately at any time hereinafter on the happening of any one or more of the following events,



a. Should the agent die or in the opinion of the company from any cause become incapable of carrying out the terms of the agency and his duties hereinafter.

b. Should the agent become bankrupt or make composition with his creditors or being a company go into liquidation either voluntary or compulsory or should the agent's position at any time be such that in the opinion of the company it is inexpedient for the agent to continue to act as agent.

c. Should the agent being a partnership firm without the written consent of the company previously given alter the constitution of the firm either by dissolution or by retirement of a partner or by taking any new partner or partners or otherwise change the constitution organization or management of the agent's business.

d. Should statutory restrictions be levied upon the agent's goods.







The agency may subject as aforesaid be terminated at any time by either party giving to the other three calendar months' notice in writing. Provided that the company may if it so chooses pay to the agent in lieu of notice a sum equivalent to ………………………. of the amount of commission earned by him during the …………. Completed quarters of the agent's service hereunder immediately prior to the date of the termination of the agency or if the agent's service is less than ……… year then a sum equivalent to the amount of …………………….. earned by the agent during the last completed quarter of the agent's service.




10. The company reserves to itself the right notwithstanding anything to

the contrary herein contained:





To continue to sell and supply the goods to the customers in the agency district listed in the second schedule hereto [in pursuance of contracts currently in force between the company and those customers] and no right to commission shall accrue to the agents in respect of any such sale;


To vary the first schedule hereto defining the goods either by the withdrawal there from of a class or classes of goods named therein in the event of the company ceasing to manufacture that class or those classes of goods or by addition thereto after consultation with [or with the agreement of] the agent a further class or of further classes of goods of the company;
If in the opinion of the company the agents are not at any time adequate sales coverage throughout the whole of the agency district an prejudice to any other of its rights under this agreement either to vary the of the agency district so as to exclude from this agreement such part of that district as it thinks fit or to vary the first schedule hereto so as to exclude from the agreement such one or more of the classes of goods therein set out as it thinks fit or to take both these courses of action save that neither such course of action shall be taken without prior consultation with the agents;


In the event of its business or any part thereof (being a part concerned in the manufacture of the goods to which this agreement relates or any class of those goods) being transferred to any other company to assign its rights and obligations under this agreement to that other company after giving [one] month's notice of such assignment in writing to the agents








11. The agents hereby undertake and agree with the company that they will at all times during the continuance in force of this agreement observe and perform the terms and conditions set out in this agreement and in particular







a. Will use their best endeavors to promote and extend the sales of the goods throughout the agency district to all potential purchasers thereof and work diligently to obtain orders therefor;



b. Will in all matters act loyally and faithfully to the company and obey its orders and instructions and in the absence of any such orders or instructions in relation to any particular matter will act in such manner as they reasonably consider to be most beneficial to the company's interests;



c. Will not engage or be interested directly or indirectly as principal agent or employee in selling goods of any description or kind similar to those of the company or designed to perform the like functions as those of the company whether alone or in conjunction with any other goods without obtaining the previous consent in writing of the company;





d. Will not sell the goods on terms other than for cash against delivery unless the consent of the company in writing to give credit to a particular purchaser has been in each case first obtained the company reserving the right in the case of any such credit sales to stipulate for such increase in the price of the goods over and above full list price as it thinks fit;



e. Will not in selling the goods make any representations or give any warranties other than those contained in the company's conditions of sale;



f. Will not sell to any person [or body corporate or unincorporated] goods which they know or have reason to believe are intended for resale outside the agency district;



g. Will not sell the goods to any person [or body corporate or unincorporated] not carrying on trade as..................... except at the full list price (as herein defined) or to a person [or body] carrying on that trade except at that price less a discount of...............................percent and when selling the goods to any such person [or body] carrying on that trade will bring expressly to the purchasers notice the company's conditions of sale and in particular the conditions relating to minimum retail prices. Full list price means the full retail sale price in respect of the goods as contained in the company's official price list current at the time of purchase from the agents [Provided that in the event of this undertaking by the agents becoming illegal and unenforceable at law in respect of any class or classes of goods of the manufacturers subject to this agreement the undertaking shall be construed as if it applied only to those goods of the company as are outside such restrictions;



h. Will refer to the company all inquiries for the company's goods from addresses outside the agency district and from addresses in the agency's district for resale outside that district and the agents shall not be entitled to any remuneration in respect of any sales resulting from any such inquiries;



i. Will at their own expense rent and occupy for the purposes of the agency suitable premises and will keep insured to their full value against all risks all goods entrusted to them by the company under this agreement and on request will produce to the company the latest receipt for rents rates and taxes of the premises and for the premiums on insurance policies showing that the respective payments have been made on or about their respective due dates preceding the request;



j. Will in all correspondence commercial documents and on the name plate or other signs at their place of business describe themselves as selling agents for the company and will not describe themselves as the company's 'agents except in conjunction with the word "selling";





k. Will promptly bring to the notice of the company any information received by them which is likely to be of use or benefit to the company in marketing the goods and will in particular notify the company forthwith of any sale of the goods by any purchaser contrary to the company's conditions of sale brought to his notice under paragraph ………………….. hereof;



l. Will keep full and proper books of account and records showing clearly all inquiries transactions and proceedings relating to the agency and in particular all transactions undertaken by or through the agents in relation to the goods such books and records being separate from those relating to matters not relating to the agency and remaining at all times the property of the company;



m. Will maintain a separate bank account in respect of money received by them in respect of sale of the company's goods and will remit to the company on the first business day in each [month] all sums received by them in respect of sales of those goods during the preceding [month] less such amount as they are permitted to deduct in accordance with clause ……….. hereof.



n. Will allow the authorized officers of the company at all reasonable times to have access to the agents' premises for the purpose of inspecting the said books and records and for the purpose of taking stock of the company's goods on those premises;



o. Will from time to time upon the written request of the company supply to the company reports returns and other information relating to the agency;



p. Will not assign transfer charge or in any manner make over or purport to assign transfer charge or make over this agreement or their rights hereunder or any part thereof without obtaining the previous consent in writing of the company;



q. Will not alter remove or tamper with the marks or numbers on the goods deposited with them by the company;



r. Will not incur any liability on behalf of the company or in any way pledge or purport to pledge the company's credit; in the event of dispute arising between the agents and a purchaser in relation to the sale of the goods will forthwith inform the company of the dispute and will not without the company's consent in writing take any proceedings in respect of or compromise the dispute or grant a release to any debtor of the company;







12. This agreement shall be deemed to have been made in India and the construction validity and performance of this agreement shall be governed in all respects by Indian Law.



13. The text of this agreement herein written in English language is the authentic text and any difficulties of uncertainties in interpretation arising shall be solved solely by reference to this text.



All previous agreements and arrangements if any made between the company and the agents are hereby cancelled but without prejudice to any rights which have already accrued thereunder to either party.


This agreement embodies the entire understanding of the parties and there are no promises terms conditions or obligation oral or written express or implied other than those contained herein.


Any notice required to be given hereunder shall be sufficiently given to the agents if forwarded by registered post cable telegraph telex or wireless telegraphy to the last known postal address of the agents in territory and shall be sufficiently given to the company if similarly forwarded to its registered office in India. Every notice shall be deemed to have been received and given at the time when in the ordinary course of transmission it should have been delivered at the address to which it was sent.



The words "in writing" whenever contained in this agreement shall be deemed to include any communication sent by letter telegram or wireless telegraphy.






Any dispute difference or question which may arise at any time hereafter between the company and the agent touching the true construction of this agreement or the rights and liabilities of the parties hereto shall unless otherwise herein expressly provided, be referred to the decision of a single arbitrator to be agreed upon between the parties or in default of agreement to be appointed at the request of the either party in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force.







A- SCHEDULE





…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..







B- SCHEDULE




…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..







COMPANY










GPA HOLDERS
Photo




WITH COMPANY SEAL









LTM FOR IDENTIFICATION








SIGNATURE




Name:…………………………………….





AGENT










Photo















LTM FOR IDENTIFICATION








SIGNATURE






Name:…………………………………….



Witnesses


Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE





2 Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE


DEVELOPMENT AGREEMENT BY THE LANDLORDS

CLICK HERE





DEVELOPMENT AGREEMENT BY THE LANDLORDS

IN FAVOUR OF A BUILDER

THIS AGREEMENT made at ……………. this ....... day of ............, 2006, between (1) ………………………………………………, son of ………………………………………., resident of ……………..; (2) ……………………………………., son of …………………………………….. resident of …………….. (3) …………………………………………. son of …………………………………………, resident of …………….. (4) ……………………………………., son of ………………………………, resident of …………….. (5) …………………………….., son of ……………………………… resident of …………….., and (6) ………………………………….., son of ……………………………………. resident of …………….., hereinafter called "the Vendors" (which expression shall unless repugnant to the context or meaning thereof mean and include their respective heirs, executors, administrators and assigns) of the FIRST PART; ……………………………………………………, resident of ………………….., hereinafter called "the Confirming Party" (which expression shall unless repugnant to the context or meaning thereof mean and include her heirs, executors, administrators and assigns) of the SECOND PART and …………………... a partnership firm through its Partner………………………………, son of ……………………………, resident of …………............., hereinafter called "the Developers" (which expression shall unless repugnant to the context or meaning thereof mean and include partner or partners for the time being of the said firm, survivors or survivor of them and the heirs, executors, administrators of such survivor, their, his or her assigns) of the THIRD PART.


WHEREAS the Vendors are absolutely seized and possessed and sufficiently entitled to all those pieces or parcels of agricultural land, ground, hereditaments and premises one of which is the property bearing No. ............, admeasuring about …........ sq. meters, situated at .............……………................... and more particularly described in the Schedule hereunder written and delineated on the plan hereto annexed and thereon shown surrounded by a red colour boundary line (which property shall hereinafter for brevity's sake be referred to as 'the property').


AND WHEREAS the said property was owned and possessed by Shri ……………………………. and after the death of said Shri ……………………….., the said property was transferred to the name of his ………………….. ............... and after the death of the said ................... who died on ....................... the said property is inherited by the Vendors herein as the only legal heirs and representatives of the said Shri ……………………………….


AND WHEREAS the name of ……………………………., who is the second daughter of the said ....................... was entered into ……………… by Mutation Entry No. .............. only on ................. However, the Vendors continued in the absolute possession of the said property being the heirs of said Smt. …………………… who had inherited the property of her deceased father Shri …………………………………. and claimed the same absolutely she being under customary form of marriage and allowed to retain the property to her father absolutely and as such the said Smt. …………………………………. does not claim any right, title and interest in the said property and agreed to confirm this agreement without claiming any right, title and interest therein.


.


AND WHEREAS the Developers herein have approached the Vendors with an intention to develop the said property from the Vendors and pursuant to the negotiations by and between the parties hereto and subject to the necessary approval being granted by several Competent Authorities, which approval/sanction is agreed to be persuaded by the Developers at their own costs and expenses and also subject to the plan of the proposed development being sanctioned by the Deputy commissioner / planning authorities / Municipal Corporation of …………………, which responsibility is agreed to be shouldered by the Developers herein as a result of which hereof the Vendors are desirous of appointing the Developers as developers of the said property more particularly described in the Schedule hereunder written for the consideration and upon the terms and conditions hereinafter appearing:



NOW THESE PRESENTS WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:


(1) The Vendors do hereby nominate, constitute and appoint the Developers to develop/purchase the said property at their own cost more particularly described in the First Schedule hereunder written by constructing building/s thereon as per the plans/specifications to be approved and/or sanctioned by the ………………………. Municipal Corporation and other Competent Authorities.


(2) In consideration of the Vendors having appointed the Developers as the Developers of the said property and the Vendors agreeing to allow the Developers to appropriate to themselves the entire profits arising from the development scheme as is hereinafter provided, the Developers agree to pay to the Vendors a sum of Rs. ............. (Rupees ........................ only) lump sum in the following manner:


(a) Rs. .............. (Rupees ............................ ) being the part consideration and/or earnest money paid by the Developers to the Vendors on or before the execution of these presents (the payment and receipt whereof the Vendors doth hereby admit, acknowledge, acquit, release and discharge the Developers forever). On execution of these presents the Vendors shall hand over vacant and peaceful possession of the said property to the Developers for the purpose of development.


(b) Rs............... (Rupees ................. only) being the further payment in the share of the development payable by the Developers to the Vendors on or before .................. ; which failure to pay this amount on stipulated date will entitle Vendors to claim interest at ..... % p.a. from the date of default till payment.


(c) Rs .............. (Rupees ................................ only) to be paid on or before the .......... day of ..................., 2006.


(d) Rs.............. (Rupees ............................ only) to be paid by the Developers to the owner on or before the ......... of .............., 2006.


(e) Rs.............. (Rupees .................. only) on or before the .......... of ..............., 2006.


(f) Rs.............. (Rupees ....................... only) on or before the ......... of

...................., 2006.


(g) Rs . .............. (Rupees ...................... only) on or before the ........... of ..................., 2006.


The above stated payment shall entitle the Vendors an interest from the date of default till the payment on the stipulated rate of ..... % p.a. as stated hereinabove, on the balance of the purchase price in full and final settlement of the Vendor's claim over the said land on completion of the sale and/or execution of the Conveyance Deed and if more than one Conveyance Deed are to be executed on execution of last conveyance and all other necessary writings in favour of the Developers, his/their nominee/s including a proposed co-operative housing society or a Body Corporate as is hereinafter provided. It is made clear that if the Developers fail to take conveyances in his/their favour or in favour of the said proposed co-operative housing society before the amount stated in this sub-clause is to be deposited by the Developers with the Vendors till the conveyances and all other necessary writings as stated hereinabove are completed and/or executed and the property in question is transferred to the name of the said proposed co-operative society, but if the Developers fail to deposit the said amount as stipulated herein, they shall be liable for penal interest at the rate of ..... % from the date of default as stated above.


Provided that if any FAR in addition to the existing available FAR becomes available in respect of the said property, the Developer shall pay an additional sum @ Rs. ............. per Sq. ft. to the Vendors on such additional FAR being sanctioned by the Municipal Corporation. The said payment will be made in 2 instalments on or before .................. and ..................., 2006.


(3) Within seven days from the execution of these presents, the vendors shall deliver or cause to be delivered all the title deeds, property card, certified copy of the plans of City Survey, etc. in relation to the property hereby agreed to be developed to Builder's Legal Manager Mr. ..................................... ,. for the purpose of investigation of Vendor's title to the said property.


(4) The present price of Rs. .......... is based on the area shown in …………………….. i.e. ............... sq. meters, which are to be ascertained by the parties hereto on joint survey and if the area is varied i.e. increased or decreased, the price will fluctuate - either increase or decrease at the rate of Rs . ............ per sq. meter.


(5) As per the present development plan, certain areas of the property hereby agreed to be developed is reserved for ……………………………. The Developers are not bound to pay for the said reservation, but in case they get the benefit of FAR and use the same for the purpose of development, they shall pay the Vendors at the above stated stipulated rate to the extent of benefit they have received from the said ………………………….. reservation.


(6) The Vendors declare that they have already filed the return as required under section 6 of the Urban Land (Ceiling & Regulation) Act, 1976. When the act was in force. The Vendors hereby authorise the Developers to obtain the N.O.C. under the different provisions of the acts and rules, for the purpose of development of the property, which is hereby agreed to be developed. The Vendors further assure to extend maximum co-operation for obtaining N.O.C. and for giving declarations, affidavits, etc.


(7) Upon the payment of the said sum specified in clause 2(b) above, the Vendors shall hand over the vacant and peaceful possession of the said property to the Developers and Developers shall thereafter be authorised to commence construction of buildings on the said land in accordance with the plans approved and/or sanctioned by the planning and municipal authorities, and take such steps as may be necessary or expedient and incidental to carry out the development of the said land at their own costs, expenses. For the said purpose, the Developers shall be entitled to appoint Architects, Engineers, Surveyors, Contractors, Agents and other personnel and shall be entitled to take all such steps as may be necessary or incidental for such development and construction work at their own costs and expenses.


(8) It is agreed and undertaken by the Developers that they shall at their own costs and expenses persuade the matter regarding NOC with the Competent Authorities under the several acts and obtain NOC from such authority. It is further agreed by the Developers that all the necessary permission and/or sanction required from the Competent Authority and/or State Government either for the purpose of development of the said property or for the transfer of the said property including the proposed structure thereon, shall be obtained by the Developers at their own costs and expenses and the Vendors shall not be liable for any such NOC, expenses relating thereto or delay in obtaining the same.


(9) Immediately on the execution of these presents, the Vendors herein shall execute a Power of Attorney in favour of the Developers or their Nominee(s) as may be desired by the Developers for the purpose of signing and/or executing all the applications, proceedings, plans, etc. to obtain necessary approval from the various authorities in connection with the development to be submitted by the Developers on behalf of the Vendors to the Competent Authority, , Municipal Corporation of …………………, Town Planning Authority or any other Government or Semi-Government authority in connection with the development so as to facilitate the development of the property hereby agreed to be developed by the Developers on behalf of the Vendors. The Vendors hereby agree that the said Power of Attorney shall not be, under any circumstances, revoked by the Vendors as long as these presents subsist and remain binding upon the parties hereto. If the said Power of Attorney is revoked by the Vendors and delay is caused in developing the property hereby agreed to be developed the consequences arising thereof shall be at the costs of the Vendors alone.


(10) It is agreed and undertaken by the Developers that they shall at their own costs and expenses persuade the matter with Town Planning Authorities, Municipal Corporation of …………………., …………………Electric Supply for the purpose of removing the reservation/restriction, if any and for the purpose of allotting the plots under ………. Scheme, etc. and under no circumstances, the Developers shall call upon the Vendors to pay the costs of such actions. The Developers agree and undertake that at any post and under any circumstances they will get the property released from reservation, if any, and get the said allotted under ………. Scheme. in favour of the Vendors. It is agreed by the Developers that whatever may be the final sanction under ………. Scheme they shall pay to the vendors as per the original plot area.


(11) The Vendors shall render all assistance, co-operation and sign and execute or cause to be signed and executed all applications, plans, authorities and other writings as may be necessary or required to enable the Developers for development of the said plot and to obtain approval of the ……….. Municipal Corporation and Planning Authority to the Plans, designs and drawings for putting up building and structures and shall on the execution thereon execute a Power of Attorney in favour of the Developers or their Nominee/s to enable them to develop the said property and the Developers shall indemnify and keep indemnified and harmless the Vendors and their estate and effects from and losses or damages or any consequences which may flow by virtue of their signing the said Power of Attorney.


(12) All buildings to be constructed on the lands comprised under this Agreement and the dwelling units thereon will be in accordance with the Scheme sanctioned by the Competent Authority or State Government and will be dealt with in accordance with the directions, if any, given by the Competent Authority or State Government while sanctioning the said scheme. If the Developers desire any variations in the said scheme, so as to provide dwelling units of larger sizes in the building to be constructed on the said land and/or to receive higher price for such dwelling units the Developers, shall be at liberty to make necessary application for the purpose to the authorities concerned at their own costs and the Vendors shall join the Developers in the said applications provided however, if the authorities concerned refuse or decline to give ,any such applications, which may be made by the Developers, dwelling units on the said property will be constructed in accordance with the scheme which may be sanctioned by the Competent Authority or State Government under the said Act.


(13) The Developers shall not commence any work of development on the said property, unless the no objection and commencement certificate is issued by the State Government/Municipal Corporation in favour of the vendors.


(14) It is expressly agreed by the Developers that they shall at their own costs and expenses obtain permission/s from the Competent Authority for the purpose of development of the said property and/or for the purpose of implementing the construction scheme in respect of the entire property hereby agreed to be sold, so as to enable the Developers to construct the dwelling units as per the scheme sanctioned by the Competent Authority and to enable the Developers to consume the entire available F.S.I. and after being constructed to allot flats/shops/garages, etc. to the intending flat purchasers and ultimately to transfer the said property to a co-operative housing society and/or a company. It is also agreed and undertaken by the Developers that they shall apply for and obtain non-agricultural user from the Collector, in respect of the said piece or parcel of land.


(15) The Vendors shall make out a clear and marketable title to the said property, hereditaments and premises agreed to be developed and ultimately to be conveyed free from reasonable doubts and all encumbrances and shall at their own costs and expenses get in all outstanding estates and clear all defects in the title and all encumbrances and claims on or to the said property including all claims by way of sale, exchange, mortgage, gifts, trust, hereditaments, possession, except the possession of agricultural tenants, easement, lease, lien or otherwise.


(16) It is agreed and understood that the Vendors shall not in any way obstruct the development work to be carried out by the Developers and shall not do any act, matter or thing whereby the Developers will be prevented from carrying out the Development work envisaged under this Agreement.


(17) The Developers shall at their own cost make necessary arrangement for construction of the buildings on the said land in accordance with the scheme, which may be approved by the Competent Authority or State Government under the provisions of the said Act and the Developers shall execute an indemnity in favour of the vendors for the due performance of the terms of the said order.


(18) The Developers shall be at liberty to allot the dwelling units of flats in the said buildings to be constructed on the said property or to enter into any package deal agreement for allotment of completed building or buildings to be constructed on the said land with such party or parties and at such price 'and on such terms and conditions as the Developers/Purchasers may deem fit and proper. All such allotments and arrangements shall, however, be made by the Developers at their own costs and expenses and at their own risk, the intention being that the Developers shall alone be liable and responsible to such party or parties, provided, however, that the price and the terms and conditions at or on which the said building or buildings or part thereof are to be allotted shall not in any manner be inconsistent with or in contravention of any law and conditions imposed in NOC’s issued by different authorities and also as may be sanctioned by the Competent Authority or State Government. The Developers hereby indemnify and keep indemnified the Vendors in respect of any such claim that may be made or suffered by the Vendors and costs, charges and expenses on account of sale or allotment of flats or otherwise.


(19) The Developers shall be entitled to enter into usual Agreement for sale of flats/shops/ garages/office premises with various intending buyers, on what is known as ownership basis, on such terms and conditions and at such price as the Developers may think fit and proper: PROVIDED, however, the Developers shall not part with possession of the flats, shops, garages, units, etc. in the buildings that will be constructed by them in pursuance of this Agreement unless and until the entire amount payable to the Vendors as per these presents is paid by the Developers to the Vendors.


(20) All amounts payable by the allottees of the dwelling units and the buildings to be constructed on the said piece of land or from the allottees of completed building in case of package deals under any arrangements made by the Developers with such allottees shall be received and appropriated by the Developers.


(21) The entire development work in respect of the property shall be carried out by the Developers in accordance with the plans that may be approved by the Municipal Corporation of ……………. and other concerned authorities and while carrying out construction work, the Developers will strictly comply with the building rules and bye-laws of the Municipal Corporation ……………………….., various instructions, orders and directives, that may from time to time be issued in regard to the construction work by the ……………………………….. and other concerned authorities. The Developers shall carry out the entire construction work at their own account and risk and at their own responsibility and shall pay and discharge all the costs, charges and expenses in relation to the construction work including payment of salaries and wages to the personnel and workmen employed in construction work, bills of the suppliers of building materials, Municipal rates and taxes in respect of the said property and from the date the Developers being put in possession and allowed to enter upon the said property, fees of the architects and R.C.C. specialists and consultants and all other professionals charges and/or retained in regard to the construction work. The Developers hereby agree to indemnify and keep indemnified the Vendors of land from or against any claim that may be made against Vendors by any one and/or any damage the Vendors may suffer as a result of the Developers committing breach of any of the building bye- laws, rules, orders, directives, instructions that may be issued by the Municipal Corporation of ………………. and other concerned authorities in connection with the construction work as aforesaid and/or the Developers committing default in payment of the salaries, wages and fees including the payment for injuries or any compensations during the progress of work of various mentioned hereinabove as also in payment of the Bills of Suppliers of the building materials and in payment of the Municipal taxes or in any damages or loss that may be suffered or sustained by the Vendors as a result of the Developers carrying out the construction work and/or development on the said property.


(22) It is agreed that the developers shall carry out ail the work of development in their name/s or in the name of their nominees, shall not do or cause to be done any act, deed, matter or thing in the name of the Vendors. It is expressly understood that all the agreements, arrangements or writings which the Developers may enter into shall be in their own name and not in the name of the Vendors.


(23) The Vendors hereby declare that:


(a) The said property is equivalent to freehold and is not held under any agreement;

(b) There are no outstanding encumbrances, mortgages, liens (notice for acquisitions, requisitions or set back) easements, rights of tenants or outstanding interest or claim by any parties other than the Vendors nor is the said property subject-matter of any pending suit or attachment either before or after judgement. No notification is issued under any Ordinance, Act, statute/rules or regulations affecting the said property;

(c) The Vendors further declare that neither the Vendors nor his/their predecessors-in-title nor any body claiming from/or under them or any of them have or have granted any right of way or easement or other rights to any person over the said property;

(d) The Vendors agree and undertake to obtain consent and confirmation from Smt. ………………………… and in case of her demise before the execution of the conveyance from the legal heirs of said Smt. ………………………… confirming the sale in favour of the Developers or their nominee/s including a co- operative housing society as the case may be.


(24) It is agreed that the Vendors and all other necessary parties shall execute the Deed of Conveyance and/or all other writings in favour of such person/s as the Developers may direct and in the event of Conveyance/s be given in favour of the Nominee/s of the Developers or a proposed co-operative housing society. The Developers shall also join as a Confirming Party to the said Conveyance.


(25) The Vendors will ensure that at the time when the Developers are allowed to enter upon the said piece of land described in the Schedule hereunder written, the said piece of land is absolutely vacant and nobody is in occupation of the same.


(26) The Vendors hereby agree and confirm that the Developers shall be entitled to transfer the benefit and burden of this Agreement subject to the terms and conditions mentioned herein either as a whole or in part to one or more parties and that the Vendors shall have no objection to the same and the terms and conditions of this agreement shall remain binding over such transferees.


(27) It is agreed that the Developers shall carry out the work of development in their own name and shall not cause or cause to be done any deed or matter or thing whereby the Vendors are put to loss and have to discharge any liability. It is expressly agreed that the agreement which the Developers may enter into with any person in connection with the development scheme or for sale of flats, etc. shall be entered into only in the name of the Developers on principal to principal basis and not as agents of the Vendors herein.


(28) The Developers agree to pay Municipal, betterment charges, T.P. charges, water charges, electricity charges, fines and penalties arising as a result of change in the user of the said land.


(29) The Vendors declare that the land, hereditaments and premises hereby agreed to be developed and conveyed are not subject to the easement or rights in the nature of easement.


(30) The Vendors hereby declare that no notice from Government or any other body or authority or under the ………………. Municipal Corporation Act or Land Acquisition Act or Town Planning Act, The Defence of India Act or under any other legislative enactments, Government Ordinances, Order or Notification (including any notice for acquisition or requisition of plots or any part thereof) has been received by or served upon them or any other person/s interested therein nor is the said plot or any part thereof included in any intended or publishes scheme of improvement of the Municipal, Government body or Public Body or authority save and except that the said plot is included in the development plans for …………. and portion of it is intended for reservation of playground.


(31) The Vendors hereby agree to pay and discharge all taxes and outgoings in respect of the said land prior to the sale on which the Developers are put in possession of the said land.


(32) The Vendors shall be entitled to receive the rent and profits and shall be liable to pay all outgoings, such as Municipal taxes, land revenue, etc. prior to the date the Developers are put in possession and the Developers shall from the date they are put in possession be entitled to receive the rents and profits and liable to pay all outgoings (including Municipal taxes, land revenue charges for consumption).


(33) The Vendors shall pay all outgoings including the ground rent, municipal and Collector's bills and charges in respect of the said property hereby agreed to be developed and conveyed previous to the date of handing over of the possession to the Developers. The Developers agree and undertake to bear all the betterment charges in respect of the said property and all taxes, Municipal, Collector's bills, etc. after the date of taking over of the possession.


(34) On the execution of these presents, the Vendors have authorised and allowed the Developers to put up the notice/signboards …………………………….. herein indicating the proposed development scheme of the Developers )n the said property.


(35) From the date of the possession, the Developers shall be entitled to commence the construction of the new building at their own costs and responsibility and also enter into the agreement for sale of units/flats, etc., herein at their entire responsibility on what is known as ownership basis'.


(36) The Vendors hereby authorise the Developers to sign and execute applications, writings, undertakings for amalgamation, layout, sub-division, building plans and other assurances and submit the same to the Municipal and Public authorities and to obtain commencement certificate, etc. for obtaining N.A. and transfer Permission for the purpose of and for the development of the said property and also to appoint the Architect at Developers' costs and expenses. It is also agreed that all the costs, charges and expenses to e incurred in pursuance of this clause save and except as provided otherwise in this Agreement shall be borne and paid by the Developers alone irrespective of the fact whether the transaction goes through or not.


(37) The Vendors declare that the property in question is ancestral property. However, there is no minor interested in the property and hence the question of obtaining the sanction from the competent Court relating to minor's interest in the property does not arise.


(38) If the Development/sale be not completed due to any wilful default on the part of the Vendors, the Developers shall be entitled to specific performance of this Agreement.


(39) The Vendors shall immediately on execution of the Conveyance apply for and shall obtain his/their Income Tax Clearance Certificate under section 230A of the Income-tax Act, 1961 in respect of Deed of Conveyance of the said property and till that time the balance purchase price to the Vendors shall remain deposited with the Vendor's Advocates as his stake-holders.


(40) The Developers are aware of the fact that at present there is no proper access to the property to be developed and the Developers have agreed to construct a road thereby facilitating an access to the properly hereby agreed to be developed at the Developers own costs and expenses and under no circumstances, the Developers shall cancel these presents on the ground of non-availability of access as it is agreed by the Developers that they shall bear the costs of the access, if necessary.


(41) On the execution of these presents, the Vendors authorise and allow the Developers to put up the notice/signboards therein indicating the proposed development scheme of the Developers on the said property. However, it is made clear by the Vendors to the Developers that to put up the signboards does not mean even by implication the handing over of the possession and mere putting of the signboards does not give any right to the Developers of possession and the Developers shall not have any interest whatsoever against the said property.


(42) This agreement shall not be treated as a partnership between the Vendors and the Developers.


(43) The Developers shall indemnify and keep indemnified the Vendors from and against all actions, claims, demands, proceedings, fines, penalties and all costs, expenses and damages incurred or suffered by the Vendors in the course of such development.


(44) Save and except as hereinbefore otherwise provided, all costs, charges and expenses of the Vendors and of the Developers and incidental to this Agreement and Conveyance and other writing or writings to be made in pursuance hereof including stamp duty, registration charges, plan, certified copies, correspondence and all the expenses shall be borne and paid by the Developers alone. The fines and penalties payable to the Collector or transfer of the property not incurred by reason of any delay in lodging the Deed of Conveyance by the Developers shall be paid by the Developers alone. The penalty payable to the Registrar of Assurances shall be paid by the party by whose default such penalty may have become leviable.


IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands and seals the day and year first hereinabove written.


The Schedule above referred to

ALL THAT piece or parcel of land, ground, hereditaments and premises bearing No. ............ and admeasuring about .......... sq. meters, situated at .......................................... and delineated on the Plan hereto annexed and thereon shown surrounded by a red colour boundary line and bounded as follows:-


On or towards the East

On or towards the West

On or towards the North

On or towards the South

First party




Photo







Name:…………………………………….LTM SIGNATURE


Confirming party




Photo







Name:…………………………………….LTM SIGNATURE

Secondparty




Photo







Name:…………………………………….LTM SIGNATURE



Witnesses
1. Name……………………………..

S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE



2. 2 Name……………………………..

S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE







Received the day and year first hereinabove written of and from the within named ……………………………………………….Developers a sum of Rs. ............ (Rupees ................... only) as and by way of earnest money to be paid by them to us by Cheque No . .................... dated .................... for Rs . ................ drawn by the ...................................


We Say Received

1. X

2. Y

3. A

4. B

5. Smt. C

SIGNED, SEALED AND DELIVERED by the
……………………………. named Developers M/s. ……………

by the hands of Shri …………………..,

its partner.

KARNATAKA LAND LAWS

CASE LAW ON LAND LAWS