This agreement is made on the ---------------- day of September Two thousand between the Governor of Madhya Pradesh acting through Head of Institution/ Principal ---------------------- ( hereinafter called the Clint which expression shall, where the context so admits includes his/her successor in office, representatives and assignees) of the one part and -------------------------------- (name of the firm) acting through ----------------- (hereinafter called the Contractor which expression shall, where the context so admits, include his/her successors, heirs, executors, administrators and assignee) on the other part.
Where as the contractor has given tender for Provision Of Information Technology Education Services to the High schools & Higher secondary schools under Department of School Education, Govt. of M.P. and High schools & Higher secondary schools under Department of Tribal Welfare in the revenue division ----------- of Madhya Pradesh as per terms and conditions specified in the Tender document dated ----------- issued by the Madhya Pradesh State Electronics Development Corporation, Bhopal. The said revenue division includes School named------------- located at -----------, covered by this Agreement.
And where as such tender has been accepted by the Government of Madhya Pradesh and the contractor has deposited by way of bank guarantee with the Commissioner School Education the sum of Rs.15,00,000/- ( in words Rs. Fifteen Lacs) as security and the client having identified the accommodation in the institution for Provision Of Information Technology Education Services to the High schools & Higher secondary schools under Department of School Education, Govt. of M.P. and High schools & Higher secondary schools under Department of Tribal Welfare
Now this deed of agreement witnesses as follows:-
However, the client shall have the right to refuse to renew the contract. After 3 years if the contractor chooses not to renew the contract or if in the opinion of the client the performance has been unsatisfactory during the currency of the contract, the entire infrastructure like Instruction Material, data, Software, Hardware, furniture, site installation, books, presentations, reports and other documents prepared by the contractor in the execution of the contract shall become the property of the client.
That the services provided under this contract shall conform to the standards mentioned in the Technical Specifications, (Section IV of the Tender document) and when no applicable standards are provided, authoritative standards. Shall be followed. Such standard shall be the latest issued by the competent institution governing that standard.
That the task and the scope of work will be as indicated in section IV of Tender document and shall be completed within the stipulated period.
That the contractor shall carry out the services and carry out its obligations under the contract with the diligence, efficiency and economy in accordance with generally accepted norms techniques and practices used in the IT industry. He shall also employ appropriate technology and safe and effective equipment, machinery, material and methods.
That the client may, without prejudice, to any other remedy for breach of contract, by written notice of default sent to the contractor, terminate the contract in whole or in part, as deemed proper by him, if,
(a) The contractor fails to deliver any or all of the obligations within the time period(s) specified in the contract, or any extension thereof granted by the client.
(b) The contractor fails to perform any other obligation(s) under the contract.
However, the disputes if any, may be referred to Arbitration.
That the client may at any time terminate the contract by giving ten days written notice to the contractor without compensation to the contractor, if the contractor becomes bankrupt or otherwise insolvent or in case of dissolution of firm or winding up of company, provided that such termination will not prejudice or effect any right of action or remedy which has accrued thereafter to the client.
That the client reserves the right to terminate the whole or part of the contract by giving ten days prior written notice,. The notice of termination shall specify that termination is for client's convenience., the extent to which performance of work under the contract is terminated and the date on which such termination becomes effective.
27 NO CLAIM CERTIFICATE :
That the Contractor shall not, be entitled to make any claim ,whatsoever , against the client under or by virtue of or arising out of this contract nor shall the client entertain or consider any such claim after Contractor shall have signed a " no claim " certificate in favour of the client such forms as shall be required by the client after the works are finally accepted .
28 SUSPENSION :
That the client by a written notice of suspension , suspend all payments to the Contractor under the contract, if the Contractor failed to perform any of its obligations under this contract, ( including the carrying to out of the services ) provided that such notice of suspension :
(a) Shall specify the nature of the failure and
29 PROJECT MANAGER :
That the Contractor shall ensure that all times during the currency of the Contract a Project Manager , acceptable to the client , shall take charge of the performance of the contract .
30 CONFIDENTIALITY :
That the Contractor and their personnel shall not, either during the term of after expiration of this contract, disclose any proprietary or confidential information relating to the services , contract of the client's business or operations without the prior written consent of the client.
31 FORCE MAJEURE:
That in case of termination of contract client shall be free to complete the project at the risk and cost of the contractor.
33 OTHER CONDITIONS:
(a) All disputes, differences, claims and demands arising under or pursuant to or launching the contract shall be referred to the sole arbitrator i.e. the Principal Secretary to Govt. of M.P. of the concerned department. The award of the sole arbitrator shall be final and binding on both the parties under the provisions of the Arbitration & Conciliation Act, 1996 and by statutory modification reenactment thereof for the time being to force. Such arbitration shall be held at Bhopal.
34 That the contractor acknowledges that he has made himself fully acquainted and agreed to comply with all the conditions and circumstances under which he will provide IT Education to the High schools & Higher secondary schools under Department of School Education, Govt. of M.P. and High schools & Higher secondary schools under Department of Tribal Welfare, and with all the terms, clauses, conditions specifications and other details of the contract as laid down in Tender document and the contractor shall not plead ignorance of any of those as excuse in case of complaint against or with a view either to asking for enhancement of any rates agreed to in the contract or for evading any of his obligations under the contract.
35 that no amendment to this agreement shall be effective unless it is in writing and signed by duly authorised representative of both the party.
37 That all the correspondence and documents related to the contract exchanged between the Client and the Contractor shall be written in English/Hindi languages, provided that any printed literature furnished by the contractor may be written in another language shall be accompanied by an English/Hindi translation, for purposes of interpretation of the document, the English or Hindi translation shall be valid document.
All the terms and conditions including those laid down in Tender document are accepted by me / us as a part of the Agreement.
IN WITNESS WHERE OF THE PARTIES HAVE EXECUTED THIS AGREEMEN ON THIS DAY ................... OF............... 2000.
Seal of THE FIRM affixed in presence Authorised Signatory of
of & official stamp. School Education Department
(Signature )........................................ (Signature )........................................
Shri ................................................... Shri ...................................................
Witness 1...................................... Witness 1 ......................................
2...................................... 2 ......................................