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THIS AGREEMENT made and executed at Mumbai this ___ day of ___, Two Thousand and One.
BETWEEN
1. _____, 2._____ and 3. ____, all Indian Inhabitant, being the trustees of ____ having the trust office at_____ hereinafter referred to as ΓÇ£The TrusteesΓÇ¥ (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include the survivors or survivor of them and the Trustees or Trustee for the time being of these present and the heirs, executors and administrators of the last surviving trustees and their or his assigns) of the One Part.
AND
_____, Indian Inhabitant, residing at _____ hereinafter referred to as ΓÇ£The ContractorΓÇ¥ (which expression shall unless it be repugnant to the context or meaning thereof include his heirs, executors, administrators) of the Other Part.
WHEREAS by a Deed of trust dated ------ the------- trust was created for various objects or purposes, one amongst them being running of an educational institution for promotion of education.The above referred party of one part are the trustees of the said trust.
AND WHEREAS the _____ is an Educational Institution being managed and controlled by the Trustees and the Principal on behalf of the institution and the trustees is authorised to do all acts, deeds, matter and things necessary for proper management and running of the said Institution.
AND WHEREAS the Trustees and the Principal are desirous of appointing the party of the other part on contract basis to run a canteen in the Educational Institution in the premises to be allotted by them to the party of the other part for running of the said canteen the details of which is more particularly described in the schedule attached hereto on terms and conditions appearing herein below.
NOW THIS CONTRACTOR AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1] The Contractor shall furnish at his own cost and expenses the canteen premises so allotted to him by the party of one part with all the requisite furniture and equipments including amongst others chairs, tables, lights, fans, exhaust fans,stove, refigrators, fire extinguisher and other equipment as may be necessary to run the said canteen in good and hygienic conditions and shall also take all due precautions to protect the said canteen premises from hazards of fire and other hazards. If due to any default or negligence or carelessness on the part of the contractor any damage is caused to the said canteen premises not only shall the contractor be liable for the same but the agreement shall also be terminated by the party of one part without any prior notice.
2] The said contract shall be commenced on or before ________________, 2001, and shall terminate on or before ________________, 2002 or early determination of the contract on the party of one part giving one month notice to the contractor on breach of any of the terms and conditions of this contract or non-satisfactory performance by the said contractor. On the termination of this contract at the expiry of the aforesaid period or earlier determination of this contract the contractor shall quit, vacate and deliver peaceful possession of the allotted premises in such good and substantial repair and condition and so maintained, saved and cleansed and in all respects in such state and condition consistent with due performance of several terms and conditions herein contained reasonable wear and tear expected..
3] The Contractor shall obtain at his own cost and expense all the necessary permission and clearance from appropriate authorities as is required for running the said canteen.
4] The Contractor shall pay the party of one part the Contract sum of Rs______________, subject to additions and deductions pursuant to authorised change orders.
5] The Contractor shall occupy and use the said allotted premises only for the purpose of running the said canteen and for no other purpose. The contractor shall keep and maintain the said allotted premises and the fixtures and fittings therein already existing and belonging to the party of one part in good and tenantable repair and condition and shall repair and make good any loss or damage at his own expenses(reasonable wear and tear and loss or damage by flood, earthquake ,accident ,irresistible force or act of God excepted). However replacement of any exisiting fixtures and fittings which require replacement will be the responsibility of the Contractor.
6] The Contractor shall not sub-let,under-let, or part with the possession of the said allotted premises , or any part thereof during the continuance of this agreement.
7] The said allotted premises shall be used in a reasonable manner without being a nuisance or annoyance to the party of one part or to the neighbours.
8] The Contractor shall always sell and make available in the said canteen premises the following items: tea, coffee, soft drinks, snacks (veg and non-veg), mineral water, and clean drinking water (without cost). Under no circumstances any alcoholic drinks or cigarettes will be made available in the canteen. On breach of this condition the contract will be immediately terminated without giving the contractor any notice.
9] The Contractor shall always keep the canteen premises clean and in good and hygenic condition.The Principal or any other staff member shall be entitled to inspect and conduct periodical checks on the canteen premises and the conditions thereof without prior notice.
10] The canteen will remain open between __ to __ only ,unless prior permission in writing of the principal is obtained. The canteen will remain closed on__
11] The contractor will employ at his own cost and expense sufficient number of employees capable of taking and delivering order to the staff. No canteen service shall be provided outside the canteen premises to students by the Contractor or by his employer.
12] The contractor shall at his own cost provide his employees with presentable uniform of standard colour which should be worn during canteen hours by the said employees. The uniform should be clean to prevent health hazards.
13] The party of one part and the Educational institution will not be responsible for any fire, theft or other incidents or accidents occurring in the canteen premises and if the same occurs due to any negligence or default or carelessness on the part contractor and or his employees the contractor shall be liable to reimburse the institution for any loss or damages so caused.
14] It shall be the duty of the contractor to be always diligent and careful about the quality of the food and or drinks served in the canteen to prevent any health hazards. If due to negligence or default or carelessness on the part of the contractor and/or his employees the health hazards incur the contractor shall be held liable for the same.
15] Nothing herein contained shall constitute any demise or tenancy or sub- tenancy between the party of one part and the Contractor or shall be deemed to create any right to tenancy or any right to or interest in the said allotted premises or any part thereof or in favour of the Contractor, it being an express intention of the parties hereto, that this is a mere contractor agreement.
16]On the termination of this contract on or before________ or earlier determination of this contract the party of one part reserves the right to allot or re-allot the said allotted canteen premises to any person or party of their own choice.
17] All disputes or question arising hereunder shall unless decided by mutual agreement of the parties be resolved by referring to two arbitrators one to be appointed by the each party and the appointed arbitrator will appoint the presiding arbitrator .Such arbitration shall be held at Mumbai and shall be governed by and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or reenactment thereof for the time being in force in India and the Award shall be binding on the parties to the dispute.
18] All out of pocket expenses incidental to this agreement shall be borne by the parties hereto equally. The parties shall respectively bear and pay their respective Solicitors/Advocates fees and costs of and incidental to this Agreement.
19] The party of one part shall retain the original Contractor Agreement and the Contractor shall retain the duplicate thereof.
IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first hereinabove written.
SIGNED SEALED AND DELIVERED )
by the withinnamed party of one part )
in the presence of_____ )
SIGNED SEALED AND DELIVERED )
by the withinnamed party of the other part )
in the presence of_____ )
