Kowkur Sub Agreement

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    SUBCONTRACT AGREEMENT

    This Subcontract Agreement (the Agreement) is made and effective this 05-01-

    2009,

    BETWEEN: Sri B.V.Someswara Rao (the Contractor), a registered Class II Civil

    Contractor, vide proceedings No; 003243/TA1/RE1/2004, dt: 21-04-2005 of the O/o

    Chief Engineer R & B Roads, Erramanzil , Hyderabad, and existing under the laws of

    the state of Andhra Pradesh with its head office located at:

    31-104, Mudugantivari Street, Tanuku, W.G.Dist, A.P,

    AND : GREENTIME PROJECTS PVT LTD (the subcontractor), a company

    organized and existing under the laws the state of Andhra Pradesh with its headoffice located at:

    3-6-539/A, Street No: 07, Lane No: 02, Himayat Nagar, Hyderabad.

    WHEREAS Contractor has entered into an agreement for general construction

    contract, henceforth The Prime Contract with the Chief Engineer ,APHB,

    Nampally to perform in accordance with various contract documents and

    specifications for the work prepared by Chief Engineer ,APHBNampally, and /or

    to furnish labor, material, supplies, labor and/or goods required to contract the

    following named and described construction projects:

    Construction of STP of 1.00 MLD capacity (Civil Components), in the

    RGK Colony at Kowkur, R.R.District.

    WHREAS Contractor desires to retain the Subcontractor and to sublet a part of

    above work not exceeding 50% of the contract value as per clause No 5.1 on

    page 34 of Conditions of Contract of the Agreement No:

    15/CE/RGK/APHB/2008-09 Dated 29-11-2008 of the Chief Engineer ,APHB,

    Nampally in accordance with various contract documents and specifications of the

    Project.

    NOW THEREFORE Contractor and Subcontractor agree as follows:

    1. SUBCONTRACT WORK

    Subcontractor shall be employed as an independent contractor and shall provide

    and furnish all labor, materials tools supplies equipment services facilities

    supervision and administration necessary for the proper and complete

    performance and acceptance of the following portions of the work, hereinafter

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    the Subcontract Work, for the Project, together with such other portions of the

    drawings, specifications and addendum as related thereto:

    As per the sub-contracting clause 5.1 ,the extent of subletting shall be

    added to the experience of the subcontractor and to the extent

    deducted from that of the main contractor.

    2. SUBCONTRACTOR PRICE

    In consideration of Subcontractors performance of this Subcontract, and at the

    times and subject to the terms and conditions hereinafter set forth, Contractor

    shall pay to Subcontractor the total sum billed each-time by the Executive

    Engineer North Division, APHB, Hyderabad for all the works sub-let to

    him ,which under any condition shall not exceed 50% of contract value. Herein

    subcontract price is dependent upon the total work sublet to the sub-

    contractor in accordance with the conditions of contract set forth as per the

    Original Agreement enclosed. Should said conditions not be met, the subcontract

    amount shall be modified accordingly.

    3. SPECIAL CONDTIONS

    The Special Conditions to Subcontract are incorporated in this Subcontract as

    though fully set forth herein. Subcontractor hereby acknowledges receipt of the

    Special Conditions.

    4. COMMUNICATION AND NOTICE

    a. All communications between Subcontractor, Contractor and the Chief

    Engineer, APHB, Hyderabad shall be via Contractor.

    b. Subcontractor shall furnish Contractor with periodic progress reports as

    required by Contract, including status of material, equipment,

    manpower and submittal.

    c. Subcontractor shall be deemed to have received notice of a fact,

    request, order, or demand when its Engineer is notified, either orally

    or in writing, or 10 days after written notice is sent by registered or

    certified mail addressed to Subcontractors last known place of

    business, whichever is sooner.

    Contractor shall be deemed to have received notice of a fact, request, or demand

    10 days after written notice is sent by registered or certified mail addressed to the

    following address:

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    Sri B.V.Someswara rao,

    Class II Contractor,

    31-104, Mudugantivari Street,

    Tanuku, W.G.Dist,Andhra Pradesh.

    5. GOVERNING LAW AND RULES OF CONSTRUCTION

    a. The validity, interpretation, and performance of this Subcontract shall

    be governed by the laws of the jurisdiction where the Project is

    located.

    b. Titles, captions, or headings to any provisions , article, etc., shall not

    limit the full contents of the same. These articles have the full force

    and effect as if no titles existed.

    c. If any term or provision of this Subcontract is determined to be invalid,

    it shall not affect the validity and enforcement of the remaining terms

    and provisions of this Subcontract.

    d. This contract shall be binding upon and inure to the benefit of the

    respective successors, assigns, representatives, and heirs of the

    parties herein.

    6. AMENDMENT

    This Subcontract shall only be amended or modified by written document

    executed by authorized representatives of Contractor and Subcontractor. This

    subcontract supersedes all prior representations made by Contractor.

    7. ARBITRATION

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    Any and all disputes or claims between the contractor and the Subcontractor

    arising out of this Subcontract shall be resolved by submission of the same to

    Chief Engineer ,APHB, Nampally , for resolution by binding arbitration

    according to Chief Engineer ,APHB, Nampallys Rules of Arbitration. In so

    agreeing the parties expressly waive their right to a jury trial, if any, on these

    issues and further agree that the award of the arbitrator shall be final INWITNESS WHERE OF, the parties hereto executed this Agreement as of the day

    and year first above written.

    SUBCOTRACTOR CONTRACTOR

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    ______________________________________

    Authorized Signature Authorized Signature

    ____________________________________

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