And Fee Consultancy and Fee Protection Agreemformet of mu ent

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    AND FEE CONSULTANCY AND FEE PROTECTIONAGREEMENT

    (To be executed on Rs 100/- stamp paper)

    This Consultancy and Fee Protection Agreement is made at NewDelhi on this ____________day of ___________2011

    BETWEEN

    Mr. ---------------------,who are duly authorized by its Board ofDirectors to sign this agreement, hereinafter referred to asCONSULTANTS (which expression shall ,unless excluded by or

    repugnant to the subject or context , be deemed to include itssuccessors and assigns)

    AND

    M/s- Logon India Infrastructure Pvt. Ltd.,Sagar Amar court,No.-3a,3rd Floor,59 G.N. Chetty Road,Chennai-600017 a companyregistered under Indian Companies Act 1956 and beingrepresented through its Managing director/partner, Mr. , who isduly authorized by its Board of herein after referred to as FIRM(which expression shall, unless excluded by or repugnant to thesubject or context , be deemed to include its successors andassigns)

    WHEREAS the CONSULTANT, who provides its Clients,Consultancy Services by way of helping its clients to preparedocuments for getting empanelled with various agencies, creatingJoint Ventures, consortiums, alliances and pre bid arrangementswith Govt./Semi Govt. Undertakings, sourcing of Infrastructure,Housing & Construction, and Turnkey projects, national andinternational collaborations, tie-ups, also helps them to inpreparing documents required for participation in varioustenders/bids/nominated projects floated by these undertakings,resulting in award of contracts to its clients.

    WHEREAS the FIRM is an entity engaged in business ofInfrastructure, Housing & Construction, and execution ofTurnkey projects, services & support, and other related

    infrastructure projects in India and abroad.

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    AND WHEREAS the FIRM has approached the CONSULTANT forobtaining their services in helping them in securing the relatedprojects and service contracts from various agencies, guidance

    for preparing documents for various projects and getting theFIRM empanelled with agencies offering the projects, contractsfor supply and services, facilitation for preparing tenderdocuments and participation in the tenders floated by nationaland International agencies leading to the award of work contractto the FIRM.

    AND WHEREAS the CONSULTANT has accepted the offer of theFIRM and both the Parties wish to record the broad Terms and

    Conditions that would govern their business relationship and setthe guidelines to their business relationship.NOW, therefore, in consideration of the foregoing, the Partiesagree as follows:

    1. In consideration of the services rendered by the CONSULTANT,the FIRM agrees to pay to the CONSULTANT a sum equal toRupees .. cheques,chequeno..bank name with

    branch...asConsultancy/ Engagement Fee in advance.

    2. A service charge_ 1 % of the project value awarded to the FIRMis payable to the CONSULTANT by the FIRM, which includesthe advance consultancy fee paid above in para (1).

    3. CONSULTANT shall inform the FIRM, about theagency/project which they are pursuing on behalf of the FIRM.

    The FIRM has to acknowledge and confirm the same to theCONSULTANT through ret urn email and the FIRM agrees thatthey will not engage any other CONSULTANT for the sameservice.

    4. The FIRM is signing this agreement only for businessprocurement purpose and shall provide a board resolution forsigning this agreement along with MOA.

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    5. In case the CONSULTANT fails to arrange any work for theFIRM from any of the national or International agency withinsix months from the date of this agreement, the FIRM will havethe right to terminate this agreement.

    6. FIRM will issue authorization letters to the respective agencystating the signing Director of CONSULTANT as solerepresentative on behalf of the FIRM as per Annexure 2. FIRMwill also provide Business cards to the signing Director asCONSULTANT.

    7. Thebrochure and technical presentations shall be created byFIRM and fronted by CONSULTANT to the Agency along with

    its representatives, if required. The FIRM shall provide fullback up with regard to technical and commercial proposals.

    8. The FIRM shall provide all relevant technical information assought by the end user and if need be depute its technicalpersonnel for client discussions.

    9. The CONSULTANT and the FIRM shall exchange relevantinformation on the relevant business activities on regular basis

    in a transparent manner.

    10.Both The CONSULTANT and the FIRM may modify this MOUbased on a mutual understanding. Such understanding shallalways be in writing, signed by both parties.

    11.In case any Earnest Money deposit or Bank Guaranteerequired by the agency as per requirement of Tenderdocument, the FIRM will arrange the same. The FIRM will also

    arrange performance /Security guarantee in respect ofproducts delivered/installed, services rendered by theagency/end Customer in the form of Bank Guarantee/SecurityDeposit to the extent as specified in the tender/bid document.

    12.During the process of bidding, lobbying expenses borne shallbe payable by the FIRM as per mutual agreement. The FIRMwill also bear all the outof- pocket expenses like food, travel,lodge etc. on account projects to be undertaken by The

    CONSULTANT/ ITS TEAM for the FIRM.

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    13.The FIRM shall deliver products/services in accordance withterms and conditions of the contract of the end customer suchas general requirements, commercial requirements, qualityrequirements, technical requirements pre agreed in writing by

    the agency and FIRM shall indemnify the agency for any lossor damage caused to agency as a result of any material breachby the FIRM of any of the terms and conditions of the contract.

    14.Any matter which is not stipulated in this agreement shall besettled in good faith by discussion between the parties in thespirit of understanding and cooperation.

    15.This Agreement will be construed in, interpreted and appliedin accordance with the laws of India.

    16.All disputes or differences whatsoever arising between theparties out of this agreement shall be settled by Arbitration inaccordance with Arbitration and Conciliation Act of 1996 andthe venue shall be New Delhi.

    17.Notices and other communications under this agreement shallbe in writing in English Language and be communicated

    through registered post/courier, fax, Email, SMS.

    18.By signing this agreement The Parties acknowledge that itcorrectly records the understanding they have reached withregard to the subject matter hereof.

    Signature ____________________ Signature____________________

    Witness:

    1.

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    2.