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This Agreement made at Bhubaneswar, Distt Khurda, State Orissa, this 21st day of Dec 2010 (‘Agreement’)
BETWEEN
Tetratech India Ltd., having its Registered Office at 951, 9th floor, Aggarwal Metro Heights, Netaji Subhash Place,
Pitampura, New Delhi, 110034, (hereinafter referred to as ‘TTIL’ which expression shall unless it be repugnant to
the context or meaning thereof be deemed to include its successors and permitted assigns) of the ONE PART
AND
Venketashwar Travels a proprietary concern, through its proprietor Mr Satish Shadangi, aged -- years and
having its office at----- (hereinafter called ‘Service Provider’ which expression shall unless it be repugnant to
the context or meaning thereof be deemed to include his heirs, successors and permitted assigns) of the OTHER
PART
WHEREAS:
(a) TTIL has a office at Plot No. M5/17, 2nd Floor, Somi Palace, Acharya Vihar, Bhubaneswar 751013
and is in need of services which interlaid include pick- up & drop service and site visit for transportation of
TTIL / PMC employees more particularly mentioned hereinafter, to and from the said office or such other
place to destination as may be instructed by TTIL from time to time.
(b) The Service Provider approached TTIL and expressed its willingness to provide the services as
mentioned herein under to and from TTIL office premises or such other place as may be instructed by
TTIL from time to time.
(c) AND WHEREAS TTIL hereby appoint and Service Provider hereby accepts the job of providing
transportation services as detailed hereinafter as per TTIL requirement on the terms and conditions
hereinafter mentioned:-
3. NOT TO ASSIGN
Service Provider shall not appoint any sub-contractors and shall not transfer or assign the whole or any
part of the services to a third party.
5. The Company will pay Service Provider on kilometre basis. (As per Annexure Attached). XXXXX
Company shall make an all inclusive monthly payment to Service Provider as per attached annexure,
subject to deduction of applicable tax. Invoices shall be raised by Service Provider. XXXXX Company
shall make payments by cheque drawn in favour of M/s xxx Tours & Travels.
6. SERVICE PROVIDER’S STATUTORY RESPONSIBILITY
(a) Service Provider shall comply with provisions of all laws, rules and regulations
whatsoever in force and obtain and hold requisite licences, permits and registers as may be required
under any law in force, during the subsistence of this Agreement.
(b) Service Provider will hold XXXXX Company harmless and indemnified from and against
all claims, costs, charges and expenses for which XXXXX Company may be liable under the Contract
Labour (Regulation and Abolition) Act, 1970, Minimum Wages Act, P. F. Act, The Employees State
Insurance Act and the Workman’s Compensation Act and any other acts or law required to be complied
with by Service Provider and any amendments and modifications thereof and of all expenses to which it
may be put there under through the acts or omission whether negligent/ wilful or not on the part of Service
Provider. This indemnity shall be in addition to and not in lieu of any indemnity to which XXXXX
Company may be entitled in law.
(c) Service Provider acknowledges that it has full responsibility for the services rendered
under the Agreement and hereby agrees to indemnify and keep XXXXX Company indemnified at all times
against all claims, costs, losses, (including but not limited to consequential or indirect loss), damages,
expenses, suit and proceedings in respect of the same (including the third party claims).
-(d) XXXXX Company shall be entitled to deduct amount ofsation, charges, costs and
expenses as mentioned in sub-clause b) of this clause, from any sum due or thereafter become due to
Service Provider.
(e) Service Provider will inform to its employees the first aid measures to be taken at time of
accident during the work and will also provide first aid kit and fire extinguisher in the vehicles
(f) Service Provider shall ensure that its employees are attired in uniform bearing some
identity of Service Provider for the sake of security of the factory premises. Service Provider shall
further ensure that its employees are given a suitable uniform required by law while providing the services.
(g) Service Provider shall be responsible for taking proper and adequate insurance coverage
of Service Provider’s employees deputed on services to XXXXX Company. Service Provider shall
provide a copy of the insurance cover to XXXXX Company for its perusal and record.
(h) Service Provider shall be responsible for insuring its vehicle used by Service Provider in
providing the services to XXXXX Company. Service Provider shall provide a copy of the insurance cover
to XXXXX Company for its perusal and record.
(k) Service Provider shall be responsible and liable for any breach non compliance, penalty,
damages for accidents to employees of company and third party claims etc and the liability and cost of the
same shall be borne exclusively by the service provider or his insurance company ads the case may be.
(l) In the event on any day Service Provider fails to provide any vehicle to the employees of
company, contractor will be liable to reimburse the entire expenses made by individual employees for
commuting to and from the company.
7. SECURITY MEASURES
Service Provider shall follow all the security measures from time to time in respect of Service Provider’s
Vehicles, employees, material, instruments or otherwise required for its effective service.
8. CHECKING
XXXXX Company shall be entitled to nominate at its own cost an employee or any other person at such
time as it may deem necessary (if required) to check the working, Vehicles, instruments, equipments,
materials used by Service Provider as it may in its absolute discretion deemed necessary.
9. NO AGENCY
Nothing in this contract shall constitute either XXXXX Company or its employees and representatives as
XXXXX Company agents or employees, so as to bind XXXXX Company in any way, except as otherwise
provided in this Agreement or specified by XXXXX Company in writing.
11. ARBITRATION
If any dispute or difference shall arise at any time between the parties hereto for or in connection, inter
alia, with the validity, termination or effects of this Agreement or any terms or conditions or clause thereof,
then the parties shall use their best endeavours to amicably settle the same. If any dispute continues
between the Parties and the Parties fails to reach an amicable settlement within 30 days from the date of
a written notification addressed by either Party to this effect, such dispute shall be referred to arbitration of
the sole arbitrator to be appointed by XXXXX Company. The Arbitration shall be governed by and
conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration
proceedings shall be conducted in English and the Arbitration shall take place at ((LOCATION)) (UT). The
arbitral award shall be final and binding upon both parties.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS THE DAY AND
YEAR FIRST HEREIN ABOVE WRITTEN
Annexure ‘A’
(a) The Contractor shall provide an Eight Seater (Light Vehicle), herein called CAB.
(b) The Contractor shall provide vehicle of not earlier than 2008 Model – with effect from 01 Oct 2008.
(c) The above charges are inclusive of cost towards fuel, oil, maintenance, taxes if any, cost of hiring
employee i.e. salary, provident fund, ESI, insurance premium, bonus leave salary, service charges, uniform, etc.
both statutory and non-statutory in nature, to be paid to drivers etc. employed by the Contractor engaged for
running the Vehicles.
(d) Rates inclusive of all expenditure incurred on Toll Tax/Road Tax as levied by Govt from time to time.
Signed and Delivered by the within named Signed and Delivered by the within named
(By the hand of its Authorized Signatory) (By the hand of its Proprietor)
(Proprietor)
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