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AGREEMENT

THIS AGREEMENT is made at Mumbai this 6th day of April, 2008 between Chandivali Shreeram Darshan Co-operative Housing Society Limited, registered under the Maharashtra Co-operative Housing Socicities Act, 1960, having its registered office at Building No. 13, Chandivali Mhada Complex, Mumbai 400 072, the party of the First Part hereinafter referred to as the Owner AND M/s. Dattaraj Construction, (Proprietor - Shri Datta Kalange) having its office at 203, Sunayana C.H.S. Ltd., Near Shankar Mandir, Kalwa, Thane 400 605, the party of the Second Part hereinafter referred to as the Contractor 2

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AND WHEREAS the owner are desirous for carrying out waterproofing works for terrace, Parafeet wall plastering and three over head water tanks of the Shreeram Darshan Co-operative Housing Society Ltd., belonging to the owner. AND WHEREAS on or about Shreeram Darshan Co-operative Housing Society Ltd., the owner have invited tender for repairs. AND WHEREAS M/s. Dattaraj Construction, (Proprietor - Shri Datta Kalange) has by his letter dated 5th March, 2008 submitted his tender for the major repairs. Enclosed Annexure A is the copy of tender notice/terms and conditions and the tender received from the contractor. NOW IT IS HEREBY AGREED by and between the parties as follows : 1. For the consideration mentioned in the letter dated 1st April, 2008, the contractor shall upon and subject to the conditions mentioned in the tender notice. Execute and complete the work so shown and described. Enclosed Annexure B is a copy of the said letter dated 1st April, 2008 issued by the society. 2. It is expressly understood by and between the parties that the rates approved in the tender all inclusive of Income Tax. The contractor shall remain liable in respect of all causes of action, claims, damages, compensation or costs, charges and expenses arising out of any accident or injury sustained by the owner, or any person residing in the society or by any workman or other person whether in the employment of the contractor or not while in or upon the said works or the site of the same arising out of any act, default or negligence error in judgment on his part of the part of the Contractors servants and/or agents.

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3.

The owner shall be entitled to determine this agreement and discharge the contract without prejudice to other rights and remedies available to him, if the Contractor fails and/or neglects to carry out instructions, or to complete the work or suspend the same or delay the program therefor without reasonable cause or refuses or persistently neglects to make good the defective work, if any or if without the written consent of the owner, he shall assign or sublet his contract.

4.

In case of termination of this agreement the owner shall be entitled to appoint a new contractor or contractors to continue and complete the major repairs.

5.

The contractor undertake not be carry out any work of any nature whatsoever of the members of the society till all worked of the society are completed, unless with the written permission of the society. In case he carries out the private work of the members of the society than the contractor undertakes to pay penalty as is decided by the societys committee and repairing committee of the society.

: 4 : 6. This agreement is effective from 6th April, 2008 onwords. [ ANNEXURE A AND B ] Annexure A copy of tender notice/terms and conditions and copy of the tender received from the contractor. Annexure B Copy of the letter dated 1st April, 2008 issued by the society. IN WITNESS WHEREOF, the said owner and contractor have hereto respectively signed on the day and year first above written. SIGNED AND DELIVERED ]

BY THE OWNER SHREERAM DARSHAN ] CO-OPERATIVE HOUSNG SOCIETY LTD.] Represented by : CHAIRMAN ________________________ ] SECRETARY TREASURER ________________________ ] CHAIRMAN ________________________ (BUILDING REPARING COMMITTEE SECRETARY (BUILDING REPARING COMMITTEE SIGNED AND DELIVERED BY THE CONTRACTOR M/S. DATTARAJ CONTRACTION Shri Datta Kalange, Proprietor ________________________ ] In the presence of ] ) ] ) ] ] ________________________ ] ] ] ] ] ] ] ] ] ] ] ________________________ ] ] ]

Place : Mumbai Date : 6th April, 2008

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