Essel Platinum Tower – R Block, Gurugram

AGREEMENT

This Agreement made at Gurugram (Haryana) on this 03 day of October 2017

(Enforced with effect from 1st September 2017) between M/s Essel Housing
Projects Pvt. Ltd., a Company incorporated under the provisions of the
Companies Act, 1956 and having its registered office at Suncity Business Tower, 2 nd
Floor, Golf Course Road, Sector-54, Gurugram, Haryana (hereinafter called the
“Client” which expression shall include its legal representatives, successors and
assigns) of the one part
AND
M/s Skyline Engineering Contracts (India) Pvt. Ltd. a Company incorporated
under the provisions of Companies Act 1956 and having its corporate office at Plot
No.4, 3rd Floor, Kehar Singh Estate, Westend Marg, Said-Ul-Ajab, M.B. Road, New
Delhi – 110030. The Contractor will execute the work from its office within the
State of Haryana situated at H. No. 974, Sector-21C, Housing Board Colony,
Faridabad, Haryana (hereinafter called the “Contractor” which expression shall
include its legal representatives, successors and permitted assigns) of the other
part.

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Essel Platinum Tower – R Block, Gurugram

WHEREAS the Client is desirous of constructing “Civil & Structural Works for
Essel Platinum Towers Block R1- R4 Towers (2 Basement + G+22), R2- R3
Towers (2 Basement + G+23), Non Tower Area of R1 to R4 and Q1/Q2
Towers balance floos at Essel Platinum Towers, Gurugram (Haryana)”
(herein after called the ‘Work’) and had invited quotations for the same.

AND WHEREAS the Contractor had represented to the Client that he possessed the
necessary skills, resources and experience to carry out the Work and had
submitted his financial offer to the Client to execute the Work on “Item Rate” basis.

AND WHEREAS, after discussion and negotiations, the Client accepted the final
offer of the Contractor to execute the Work on “Item Rate” basis on mutually
agreed terms and conditions, mentioned herein and in the Contract documents
attached herewith, resulting into a Contract.
NOW, THEREFORE, in consideration of the premises, and mutual covenants,
hereinafter contained, this deed witnesseth as under:

ARTICLE 1.0 CONTRACT DOCUMENTS:

1.1 The Contract shall be performed strictly as per the Terms & Conditions
stipulated herein and in the following documents which are as fully a part of
this Contract as if herein setout verbatim or if not attached as if here to
attached

(i) Schedule of Fiscal Aspects – Appendix- “A”

(ii) General Conditions of Contract (GCC) -Appendix-“B”
(iii) Special Conditions of Contract (SCC)-Appendix-“C”
(iv) Technical Specifications-Appendix-“D”
(v) Pricing Instructions-“E”
(vi) Proforma for Bank Guarantee for Advance payment-Appendix-“F”
(vii) Proforma for Corporate Guarantee for Performance Bond-
Appendix-“G
(viii) Proforma for Water Proofing Works-Appendix-“H”
(ix) Safety Conditions- Appendix-“I”
(x) Contractors Labour Conditions-Appendix-“J”

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Essel Platinum Tower – R Block, Gurugram

(xi) Proforma for Indemnity Bond- Appendix-“K”

(xii) Bill of Quantities (BOQ)-Appendix-“L”

1.2 The Contract documents constitute full and complete understanding between
the Parties (Client and Contractor collectively) about the terms of these
presents. The Parties declare that in entering the Contract they do not rely
upon any previous correspondence and representations whether express or
implied and whether written or oral or any inducement , understanding or
Agreement of any kind not included within the Contract documents and that
all prior negotiations, discussions, representations and understandings, not
included herein, stand annulled.
1.3 Any Modifications / Amendments to the Contract shall be affected only by a
written instrument signed by the authorized representatives of both the
Parties.
ARTICLE 2.0 SCOPE OF WORK
2.1 The Scope of Work “Civil & Structural Works for Essel Platinum Towers
Block R1- R4 Towers (2 Basement + G+22), R2- R3 Towers (2
Basement + G+23), Non Tower Area of R1 to R4 and Q1/Q2 Towers
balance floos at Essel Platinum Towers, Gurugram
(Haryana)”complete in all respects as per BOQ and also all such items which
are not specifically mentioned in the BOQ but which are necessary for the
satisfactory completion of the Work envisaged under this Contract unless
otherwise specifically excluded.
2.2 The Contractor shall perform faithfully everything required to be performed
and shall provide and furnish all the labour, materials, plants and equipment,
required to perform and complete, in a workman like manner, all the work
covered under the Contract in strict accordance with the drawings,
specifications and conditions specified in the Contract documents.
2.3 The Contractor shall adhere to all the requirements stipulated in Technical
Specifications & Quality Plan, approved by the Client.
ARTICLE 3.0 TIME FOR COMPLETION
3.1 Time is the essence of this Contract.
3.2 “Date of Commencement” shall mean the 14 days from the date of signing of
this Agreement or handing over the site after complete excavation of

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Essel Platinum Tower – R Block, Gurugram

minimum 02 Nos. of Towers and cleaning of Debris whichever is later . The

date of completion of 04 (Four) towers R1, R2, R3 & R4, Non Tower and
balance Floors of Q1 & Q2 shall be 20 (Twenty) months from date of
commencement. Out of this, 02 Nos Towers shall be handed over within 14
months. The identification of Towers shall be either R1 & R2 or R3 & R4 as
decided by the Client.
3.3 The Contractor, shall, within 10 (Ten) days of signing of this Agreement,
submit for the approval of the Engineer-in-Charge a bar chart showing
monthly physical construction programme to achieve the completion of work
within the Period of Completion. The Engineer-in-Charge may prescribe a
format for the same and may also require the Contractor to submit statements
showing Cash flow Planning, Manpower planning and Material planning. The
Contractor shall maintain the progress of work in accordance with the
aforesaid construction programme as approved by the Engineer-in-Charge.
The Engineer-in-Charge at his sole discretion may treat the non adherence to
the approved construction programme by the Contractor as material breach of
the Contract.

ARTICLE 4.0 NO WAIVER OF RIGHTS

4.1 Neither the inspection by the Client or the Engineer-in-Charge or any of their
officials, employees or agents nor any order by the Client or the Engineer-in-
Charge for payment of money or any payment for or acceptance of , the whole
or any part of the works by the Client or the Engineer-in-Charge nor any
extension of time nor any possession taken by the Engineer-in-Charge shall
operate as waiver of any provisions of the Contract, or any power herein
reserved, nor shall any Waiver of any breach in the Contract be held to be a
Waiver of any other or subsequent breach.
4.2 Non-enforcement by either Party (Client or Contractor) of any of the provisions
of this Contract shall not operate as or constitute a waiver of the provision
itself or any subsequent breach thereof.

4.3 The validity of the Contract shall not be affected, should one or more of its
stipulations be or become legally invalid so long as such stipulation is
severable from and is not fundamental to the obligations of either Party to this

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Essel Platinum Tower – R Block, Gurugram

Contract. In such a case, the Parties shall negotiate in good faith to replace
the invalid Article/ Clause by a stipulation which is in accordance with the
applicable law and which shall be as close as possible to the original intent of
the Parties.

ARTICLE 5.0 CONTRACT VALUE AS AWARDED

5.1 The ‘Contract Value as Awarded’ amounts to Rs. 31,32,10,798.00 (Rupees
Thirty One Crores Thirty Two Lacs Ten Thousand Seven Hundred
Ninety Eight Only) as per the BOQ annexed hereto as Appendix ‘L’. Price
adjustment shall be admissible on account of escalation in prices during the
currency of the Contract and extensions thereof if any as per Special
Conditions of Contract.(Clause 10.0)

ARTICLE 6.0 SETTLEMENT OF DISPUTES

6.1 It is specifically agreed by and between the Parties that all the differences or
disputes arising out of the Contract or touching the subject matter of the
Contract shall be decided as per Clause 48 of the General Conditions of
Contract.(Clause 48 & 49 of G.C.C.)
ARTICLE 7.0 COMMUNICATIONS
All communication under the Contract shall be made in writing by registered
/speed post or by Facsimile Delivery /by e-mail followed by confirmation through
mail against receipt at the following address or any other address as may be
communicated in writing by the concerned Party :

For the CLIENT : Mr. Sanjay Singh

General Manager (Billing & Contracts)
For the Contractor: Mr. Ashok Guliani
M/s. Essel Housing Projects Pvt. Ltd.
Managing Director
Suncity Business Tower, 2nd Floor, Sector-
M/s. Skyline Engineering Contracts (I) Pvt.
54,
Ltd.
Golf Course Road, Gurugram (Haryana)
H No. 974, Sector – 21C,
GSTIN: 06AAACE6693G1ZJ
Housing Board Colony,
For the Client: Mr. Anil Gupta
Faridabad (Haryana)
Vice Ph.
President
011- 40022000
- Projects
M/s. PAN:
EsselAAACS8955P
Housing Projects Pvt. Ltd.
Suncity
GSTIN:
Business Tower, 2nd Floor, Sector-
06AAACS8955P1ZL
Agreement – Essel Housing Projects Pvt. Ltd. Page 5
54, EPF: DSNHP0014595000
Golf ESI:
Course
69201153040011009
Road, Gurugram (Haryana)
Essel Platinum Tower – R Block, Gurugram

ARTICLE 8.0 ACKNOWLEDGEMENTS

The Parties also place it on record and confirm that they have executed this
Contract Agreement voluntarily, of their own free will and accord without any sort
of undue influence, pressure or coercion of any kind or description whatsoever
from any person or quarter whomsoever and whatsoever and that they have
authenticated the same after going through the contents thereof and after fully
understanding the meaning, interpretation and implications of the various terms
and conditions agreed upon by the Parties.

IN WITNESS WHEREOF, the Parties through their duly authorized representatives

have executed these presents (execution whereof has been approved by the
competent authorities of both the Parties) on the day, month and year first above
mentioned.

For and on behalf of the Client For and on behalf of the Contractor

( ) ( ) ( )

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Essel Platinum Tower – R Block, Gurugram

M/s Essel Housing Projects Pvt. Ltd. M/s Skyline Engineering

Contracts (I) Pvt. Ltd.

Place- Gurugram, Haryana.

Witnesses

1. Signature ------------------------------

Name ------------------------------

Address ------------------------------

2. Signature ------------------------------

Name ------------------------------

Address ------------------------------

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