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SERVICE AGREEMENT

ARTICLES OF AGREEMENT made at Mumbai this …. Day of …. In the Christian year Two Thousand Two between ............... , a company governed under the Companies Act 1956, and having its Registered Office at .............., and its Mumbai Office at ............., hereinafter referred to as the “Service Provider” of the ONE PART and …….. Co. Limited ……….. having its Registered Office at …. Hereinafter referred ti as the “Service Receiver” of the OTHER PART:

WHEREAS:

A) By a Leave and License Agreement of even date made between the parties here to the Service Provider has at the request of the Service Receiver agreed to give to the Service Receiver and the Service Receiver has agreed t o take from the Service Provider built-up area of about ...... sq. ft. on the .....  floor of ................ belonging to the Service Privider, for brevity herein after referred to as the “ licensed premises” on leave and license basis on the terms and conditions therein recorded.

B) At the request of the Service Receiver, the Service Provider has agreed to provide various service to the to the Service Receiver upon the terms and conditions hereinafter mentioned.

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

1. INTERPRETATION: In this Agreement (Except where the context otherwise requires) the following words and expressions shall have the following meanings:

• “Licensed Premises” means about ......  sq ft bult up area on the second floor of Turner Morrison Building situated at .................

• “Services” shall mean and include the following services to be provided by the Service Provider to the Service receiver:

i) Lighting in the common area during normal business hours.
ii) Cleaning service for the common areas
iii) General sanitary system for the common area
iv) Water Supply to the Toilets
v) Security at the main entrance of the building

• “The Service Fee commencement date: means…………2002

• “The Service Fees” means Rs…….. (Rupees….only) per month

• “The Deposit” means the sum equivalent to …. Months Service Fee Being the sum of Rs….. (Rupees……. Only) as fully described in the Deposit Agreement of even date made between the parties hereto.

• “The Initial Term” means the period of ….. months commencing from the leave commencing date.

2. PROVISION OF THE SERVICE:

Subject to the terms of this Agreement the Service Provider agrees to provide the Services to and the benefit of the Service Receiver with respect to the licensed premises for the Initial Term with effect from the Service Agreement Commencement Date and subsequent extended durations.

3. DURATION:

This Agreement shall remain valid for so long as the Leave and License Agreement of even date remains valid and in existence but shall terminate forthwith on the expiration or earlier termination of the said Leave and License Agreement as provided in clause….

4. SERVICE FEES:

4.1 The Service Receiver agrees to pay the Service Fees to the Service Provider quarterly in advance on the 10th day of the respective English calendar quarter.
4.2 The Service Fees shall be payable only from the Service Fee Commencement Date
4.3 The Service Fee shall include the electricity cost for lighting of the façade and common areas of Turner Morrison Building, operation of Water Pump and passenger lift….
4.4 The Service Agreement shall run contemperoneously with the said Leave and License Agreement. This Service Agreement shall automatically terminate with the termination and / or expiry of the Leave and License Agreement.

5. OTHER SERVICES:

The Service Provider agrees to maintain and keep in good repair and state of cleanliness all common areas and facilities that are used in common with other occupants of the building during the tenure of this agreement. The Service Receiver shall be responsible for keeping in good repair and conditions shall within the said occupied licensed premises at its own expense

6. PAYMENT OF FEES:

6.1 The Service Receiver agrees to pay the Service Fees referred to in Clause 4.2 above to the Service Provider at its office on or before the 10th day of every calendar quarter without any prior demand made by the Service Provider. The Service receiver shall pay the Service Fees from the date referred to in clause 4.2 regardless of its commencement of business

6.2 The Service Receiver agrees that so far as the Service receiver occupies the licensed premises under the Leave and License Agreement regardless of its expiry, the Service Receiver shall pay the Service Fees here under to the Service Provider until the licensed premises has been properly surrendered to the Service Provider.

7. BEACH OF AGREEMENT:

The Service Receiver agrees that any breach of the Leave and License Agreement shall be regarded as a breach of this Agreement and any breach of this Agreement shall be regarded as breach of the Leave and License Agreement.

8. INTERRUPTION OF SERVICES:

If the Services rendered under this Agreement, in whole or in part, are interrupted through no fault of the Service Receiver, the Service Provider agrees to use its best endeavours to remedy and make good the same at its own expense within a reasonable period.

9. LIABILITY OF SERVICE PROVIDER:

The Service Receiver shall not hold the Service Provider or its officers, servants, employees or agents liable in any way in espect of any injury, damage, loss of buisness or other liability what so ever suffered by the Service receiver or any other party or property however cause in particular but without limitation caused by or through or in any owing to:

i) Any interruption of the service by reason of necessary repair or maintenance of the Building, provided the period of disuse is not beyond a reasonable perid of time.

ii) Damage or destruction by fire, water, Act of god, Force Majeure, or other causes beyond the Service Provider’s control.

10. DEPOSIT:

10.1 The Service Receiver hereby agree and undertake to pay to the Service Provider an interest-free security deposit equivalent to 12 months Service Fee in terms of the Deposit Agreement of even date between the parties.

10.2 The Service Receiver agrees with the Service Provider that the Service Provider shall be entitled to stop providing the services should be Service Receiver be in breach of the agreement. In addition to this the Service Provider shall also be entitled to adjust the Service Fees and/or other charges whether outstanding or due, from the Deposit.

11. BUILDING RULES:

The Service Receiver agrees to comply with all the rules and regulations as may be imposed by the Service Provider from time to time in relation to fitting out of the Licensed Premises and provision of Service there to under the terms of this Agreement.

12. ASSIGNMENT:

The Service receiver shall not at any time during the term of this Agreement, assign, transfer or otherwise dispose off any or all part of this Agreement. Provided however that the Service Receiver shall be entitled to permit availing of these services, to any of its subsidiary or affiliate companies.

13. NOTICE:

It is clearly agreed and understood that if the Service Provider has sent notice by registered A. D. mail to the address of the Service Receiver as shown in this Agreement, it shall be deemed that the Service Receiver has received such notice and vise versa. If the notice mentioned hereinabove is returned because nobody would sign for the receipt thereof, it shall be deemed that the Service Receiver has received such notice when the notice is pasted at the Occupied Leased Premises.

14. WAIVERS, REMEDIES CUMULAIVE, AMENDMENTS:

14.1 No failure or delay by the Service Provider in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall any single or partial exercise by the Service Provider of any right, power or privilege preclude any further exercise thereof or the exercise of any other right, power or privilege.

14.2 The right and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

14.3 No provision of this Agreement may be amended, modified, waived, discharged or terminated, or may any breach of any provision of this Agreement be waived or discharged, otherwise that (in each case) by the express agreement of the parties thereto.

15. SEVERABILITY:

Any provision of this Agreement which is prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition or enforceability without invalidating the remaining portions and without affecting the validity of enforceability of such provision in any other jurisdiction.

16. HEADINGS:

The headings appearing in this Agreement are inserted only for convenience and in no way do they define, limit or describe the scope or the intent of the sections or clauses of the Agreement and have no effect on this Agreement. Any references to the Singular or Plural number shall be deemed to include the plural or singular number respectively and words using the masculine gender only shall include the feminine or neuter gender and vice versa as the case may be.

17. PURPOSE OF THIS AGREEMENT:

Both parties fully comprehend the purpose of this Agreement and agree to execute in accordance with the stipulations of this Agreement in all respect and hereby affix their signatures and Seals of each party in the presence of witnesses on the day, month and year mentioned. This Service Agreement is made in duplicate with identical text and both parties to the Agreement shall hold one copy each.

18. ARBITRATION AND JURISDICTION:

Any dispute or difference between the parties hereto relating to or arising out of this Agreement (including any dispute or difference as to the existence or validity hereof) shall be referred to two arbitrators – one to be appointed by each party, and the decision of the Arbitrator or Umpire shall be binding on the parties. The expenses of the arbitration proceedings shall be borne by each party in equal proportion.