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This agreement is executed at Khammam on this the__ day of __________ 2018, by:
AND
Sri Tirumalasetti Jayaprakash Vishnu, S/O Sri Ramamohana rao aged about ___
years, Occupation: employee R/O H. No 5-3-366 Shanthi Nagar Khammam rural
klammam district. (Which expression unless it be repugnant to the context or meaning
thereof shall be deemed to mean and include its assignees, subsidiaries, nominees,
agents & successors-in-interest) of the Other Part.
Hereinafter referred to as “OWNER”
WHEREAS,
The Parties hereto agree and record such terms and conditions in the manner
hereinafter appearing.
NOW, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS
H. No 5-3-366 Shanthi Nagar Khammam rural and Khammam dist, Admeasuring 200
Square yards or 166.67 square meters
The contractor will construct a house in the schedule property, the total square feet of the
built up area in ground+2 floors 4749 SQFT square feet construction as per given
annexure-C attached along with this agreement and part of this agreement (however
the actual construction area will be taken into consideration after completion of the
construction), more fully described in the Annexure A, B&C ( Which are enclosed
with this agreement and become part of the agreement,) at the cost of Rs.52, 38, 450/-
(Rupees fifty two lack thirty eight thousand Four hundred and fifty Only).
Period of Engagement
The contractor agrees to complete the construction of the schedule Independent house
and handover possession of the same to owner within 10 months from the date of this
agreement.
However a period of 2 months can be extended with mutual consent in case of any
unforeseen contingencies such as shortage of cement, iron etc., are due to any restrictions
imposed by the government or other authorities or natural calamities and in such a case
the owner shall have no right to claim any interest, loss or damages etc., or shall not insist
upon refund or any money from the contractor till the work is finally completed.
The owner shall pay to the contractor an amount of Rs 52, 38, 450/- (Rupees fifty two
lack thirty eight thousand Four hundred and fifty Only). Towards the construction
of the said 3 floors Independent house.
A sum of Rs 7, 00, 000/-(Rupees Seven Lack only) is paid today i.e. at the time of this
Agreement as mobilization advance.
The balance of Rs45, 38, 450.00 (Rupees forty four Lack thirty eight Thousand four
hundred and fifty only) will be payable as per the progress of the work as per the below
tabulation.
8 At the time of toilets tiling and internal flooring work. 5, 00, 000.00
10 At the time of parking tiling and internal final fittings 3, 50, 000.00
The owner shall not delay the payments of any of the amounts specified above for more
than 30 days from the due date for it payment. If the owner violates the above he agrees
to pay interest charges of 18% PA for the delayed amount.
The contractor covenants that, if there is any breach of the terms and conditions
specified in this agreement by the contractor or if the contractor fails to complete the
construction of the proposed independent house specified in this agreement, the
contractor shall return the proportionate amount after deducting the cost of construction
to the owner.
The owner is at liberty to visit the schedule premises and observe the progress of the
construction work etc., and make such other enquiries as he/she may think necessary to as
certain quality of the work as well as progress made.
The owner agrees to bear the panchayat /municipal plan sanction charges, betterment
charges, roads, drainage and any other development charges etc. The owner will make his
own arrangement for municipal water and ground water.
The owner agrees to bear the Electricity service connection charges and security deposit
etc., however during the construction period the contractor will bear the electricity
charges as per the bills issued by TSSPDCL.
The contractor agrees to take all necessary precautions and method to construct the
house without causing any undue disturbances.
If any objections raised from neighbors, municipal peoples, colony members or others, on
said scheduled property the owner will take the responsibility to clear the problems.
The owner agrees to pay the contractor for any additional works, including
alterations/modification that may be assigned by the owner in addition to the
specifications.
Settlement of Dispute
If for any reason Contractor and Owner are unable to resolve a claim for an adjustment,
either party shall notify the same in writing that a dispute exists and request a final
determination.
The contractor and the owner will meet for negotiations at a mutually agreed time and
place. The parties shall endeavor to settle the claim through discussions between the
Parties’ duly appointed representatives. It is agreed by the Parties that if the matter does
not get resolved within 10 (ten) calendar days from the commencement of such
negotiations, the parties shall consider resolution of the dispute through arbitration.
Arbitration
All disputes and differences of any kind whatsoever arising out of or in connection with
this Agreement that is not resolved subject to above Clause, shall be referred to
arbitration. Contractor shall appoint the sole arbitrator for the arbitration process. The
arbitration proceedings shall be in accordance with Arbitration and Conciliation Act
1996. The arbitration shall be at khammam and the proceedings shall be held in English
Entire Contract
IN WITNESS WHEREOF the contractor and owner with their free will and consent have
said their hands and seal and sign this agreement on this day, month&year mentioned
above.
WITNESSES: CONTRACTOR
OWNER