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AGREEMENT

This Agreement is made and executed on this day of 22 nd September 2010 at Manor, Taluq –
Palghar, Dist-Thane in the State of Maharashtra between:

M/s. Ashish Enterprise, having its office at Shop No-2, Chetan Apartment, Hirawadi Road, Old
Adgaon Naka, Panchvati – Nashik – 3, Maharashtra hereinafter referred as FIRST PARTY which
term shall mean and include its Blasting contractor doing blasting job work in quarry etc,
represented by its Proprietor Shri Hari Ram Ladha aged about 48 Years having Explosive
Licence No : E/WC/MH/25/1026(E52211) in Form-22 for possession and use at Quarry Site
situated at village Kharivli Taluq-Wada, Dist Thane, in the state of Maharashtra.
AND

Balajee Infratech & Constructions Pvt. Ltd. having its Registered office at 401- 406, Samruddhi
Commercial Complex Opp. Magnus Towers, Chincholi Bunder Road Extn., Malad (W), Mumbai-
400 064 represented by Mr. Anil C. Dande Aged about 48 years, Sr. Project Manager of
the said company, hereafter referred as SECOND PARTY which term shall mean and include its
sub contractors having contract profession and taken the Quarry Site situated at village
Kharivli, Taluq-Wada, Dist Thane, in the state of Maharashtra.

The Second party has approached the contractor for carrying out the blasting operation for
Quarry blasting to be done at the above located place.

And this indenture witness all that has been agreed between the first party and second party
here to as under:

SCOPE OF WORK:

Rate/Unit
Description Unit
(In Rs.)

Primary & Secondary Blasting Work at Quarry Situated MT 18.00


at Village-Kharivli, Tq- Wada, Dist- Thane, Maharasthra
with Blasting Material.

TERMS AND CONDITIONS:-

1) M/s. Ashish Enterprise shall use its Explosive License and Explosive material &
accessories and would conduct blasting operation on behalf of Balajee Infratech &
Constructions Pvt Ltd quarry base blasting Job work under the rules of the Explosive
Act 1983 and rules made thereunder

2) M/s. Ashish Enterprise shall carry out the blasting operation as directed by
representative of the Balajee Infratech & Constructions Pvt. Ltd. and the same should
be intimated to the first party 24 hrs prior to the actual operation.

3) Balajee Infratech & Constructions Pvt. Ltd. shall provide the labour, safety & security
guard during the blasting operation to blaster of the M/s. Ashish Enterprise and the
blaster will be the in charge of the whole blasting activities during the blasting
operation.

4) M/s. Ashish Enterprise will use its own Explosive magazine, Explosive material,
accessories, blasting equipments, safety equipments, blasting wire etc. The
transportation of the explosive material will be done by the approved explosive Van.
The explosive van has to be kept at the site.

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5) This agreement will be valid till 31 ST March – 2011 and can be terminated by
either first part or second part by giving seven days advance notice in writing
by representative.

6) Balajee Infratech & Constructions Pvt. Ltd. shall not assign , transfer, charge
in any manner or make over purport to assign , transfer, charge or make over
or purport the benefits and liability under this agreement to any other
contractor whomsoever .

7) Balajee Infratech & Constructions Pvt. Ltd. shall make the payment by
Account payee Cheque in favour of M/s. Ashish Enterprises deducting TDS at
applicable rate from the amount payable to the first party at the above
agreed rate.

8) The rate shall remain firm throughout the period of the contract and is
inclusive of all statutory levies.

9) M/S Ashish Enterprises shall arrange required store material / spare parts at
their own cost. However, if the same is obtained from the store of M/S Balajee
Infratech & Constructions Pvt Ltd, it will be on chargeable basis along with
10% markup and applicable taxes & the same will be recovered from monthly
RA bill.

10) The above rate is inclusive of all taxes and duties required for carrying out
the works mentioned in the scope of work.

11) The equipments & Vehicle used for the operation should possess a valid
comprehensive insurance and the same should be renewed as and when the
same falls due. A photocopy of the insurance should be invariably submitted
to the office of M/s Balajee Infratech & Constructions Pvt. Ltd.,

12) M/S Ashish Enterprises shall at their cost and efforts ensure full compliance
of any other applicable laws, not stated elsewhere in the agreement, relating
to the execution of above agreement.

13) M/S Ashish Enterprises will abide by all safety standards specifications &
practices as required by specified in the document. They will abide by all
safety standards specifications & practices as required by site condition and
abide by clients safety cell as well as M/S Balajee safety department. M/S
Ashish Enterprises are responsible for safety of their staff & employees of
other agencies working in your area of operation. They shall follow all safety
measures required for this nature of work.

14) The rate quoted by M/S Ashish Enterprises shall be deemed to be inclusive of
all safety equipments and tools for all seasons, heights, depths etc.

15) Safety appliances required like gloves, shoes, cotton socks, goggles, dust
mask etc. shall be arranged by M/S Ashish Enterprises at their own cost. If the
same is provided from BICPL’s stores the same will be on chargeable basis
along with 10% markup and applicable taxes.

16) Mobilization of men & machinery should take place immediately at the cost of
M/S Ashish Enterprises on receiving clearance from site.

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17) M/S Ashish Enterprises shall submit bills for the period 26 th day of previous
month to 25th of the succeeding month.

18) Measurement of quantity shall be certified by site Engineer of M/S Balajee


Infratech & Constructions Pvt Ltd. Site engineer will pass the measurement
by deriving the measurement from Blasted quantity which shall be
reconciled once in every three month.

19) Payment shall be made back to back basis.

20) No part of the sub contract nor any share or interest thereof shall in any
manner of degree shall be transferred, assigned or sublet by M/S Ashish
Enterprises directly or indirectly to any firm or corporation whatsoever
without the prior consent in writing to Balajee Infratech & Constructions Pvt
Ltd. Notwithstanding any subletting with such approvals as aforesaid, you
shall be and shall solely to be responsible for the quality and proper
expeditious execution of the work and the performance of all conditions of
the work, in all respect as if such subletting had not taken place and as if
such work has been directly done by you.

21) This Agreement is subject to force Majeure conditions. No compensation will


be paid in the event of the work being stopped due to any reason beyond our
control.

22) The disputes, controversy, claim or difference shall be resolved by an Arbitral


Tribunal consisting of three arbitrators. Each party shall appoint its nominee
arbitrator and both the appointed Arbitrators shall then mutually nominate
the third arbitrator who shall act as the Presiding Arbitrator. The arbitration
proceedings shall be conducted in accordance with the Indian Arbitration and
Conciliation Act, 1996 and/or any latest statutory modifications thereof and
the award rendered by the arbitral Tribunal shall be final and binding on the
parties. The venue of arbitration proceedings shall be Mumbai and the
language used shall be English.

23) Safety during work tenure with M/S Balajee Infratech & Constructions Pvt Ltd.
at work site, camp or any other area for entire manpower, equipments &
vehicles shall be completely under M/S Ashish Enterprises responsibility. In no
way M/S Balajee Infratech & Constructions Pvt Ltd shall be held responsible
for any loss or damage for your Manpower, equipment & vehicle caused by
any unforeseen reason.

24) Only Courts at Mumbai will have the Jurisdiction for any kinds of disputes
arising during the currency of this contract.

IN WITNESS WHERE OF THE PARTIES HERE TO HAVE PUT INTO THEIR


RESPECTIVE AND SEALS ON THE DAY OF 20th Sept’2010 AFTER FULLY
UNDERSTOOD THE AGREEMENT CLAUSES.

PARTY OF THE FIRST PARTY


______________________
HARIRAM LADHA
PROPRIETOR
M/S ASHISH ENTERPRISE

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PARTY OF THE SECOND PARTY
_______________________
Anil C. DANDE
SENIOR PROJECT MANAGER
BALAJEE INFRATECH &
CONSTRUCTIONS PVT. LTD.

WITNESS :

01.

02.

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