DEED OF AGREEMENT

This Deed of Agreement is made on the 26th day of June 2021 (Two Thousand Twenty One) of
the Christian Era for the purpose of acquiring the Schedule from E in C Branch & acquiring
Work Order & Agreement from 34 Engineering Brigade, Army.

Company name: Toma Construction Limited, Managing Director:...............................................

Company License No: ..........................................Address: ............................................................,

Nid: ....................................

……………………….. 1st Party

(Herein after called the “PARTY-A” which expression shall include its Successors, Legal
Representatives, Executors, Administrators and permitted Assigns)

AND

1. Nupur Enterprise
2. Nation Wide Construction
3. F.H Construction, Proprietor-Masum Parvez Milon, Address: House No-1/10, (3 rd
Floor) Road-05, Block-A, Lalmatia, Dhaka-1207, NID: 8258129264
4. Md. Ziaul Haque, Address: Munsurabad, Adabor, Dhaka-1207, NID: 9565913283.
5. Md. Abul Kashem, Address: House-250, East Seorapara, Mirpur, Dhaka-1216, NID:
4604960403.
6. Abu Hena Momtaz Ahmed, Address: House – 10, Road-40, Tollabag, Zigatola,
Dhanmondi-1209.
…………………………… 2nd Party

(Herein after called the “PARTY-B” which expression shall include its Successors, Legal
Representatives, Executors, Administrators and permitted Assigns)

RECITALS:

Whereas, PARTY-A is engaged with the business of “Toma Construction Limited” Products
all over the Bangladesh and the Globe.
 (Contd..P/2)

P/2

And whereas, PARTY-A has offered to deploy any person or Company to act on its behalf for
the purpose of acquisition of Project Khuruskul Bises Asrayon Prokolpo

And whereas, PARTY-B has accepted the proposal of the PARTY-A to act on its behalf for the
purpose of acquiring the said project from the providing authority.

And whereas, the parties have mutually agreed to enter into certain commitments and to regulate
the exercise of their rights upon the terms and conditions in relation to this agreement as in the
manner hereafter stated.

NOW THE INDENTURE WITNESS AS UNDER:

In consideration of the above premises and agreements, all the parties to this agreement do
hereby now agree as follows:

1. This agreement shall commence from its date of execution i.e 26 th day of June 2021 and
thereafter it shall remain in force and effect unless or until terminated in accordance with
the provisions of this agreement.

2. PARTY-A will pay consultancy fee @3.68 CRORE (+/-) to PARTY-B of the total
value of the project, that is BDT 35.45 Crore (+/-) without tax vat which will be declared
on the signed contract.

3. PARTY-A will pay the exact amount following the below chart of 3.68 CRORE (+/-)
consultancy fees declared above after the work order and subsequently provide rest of the
amount by cheque or any other payment instrument to PARTY-B.

* Work Order @ BDT 35.45 Crore (+/-) (1 Package)

* Without AIT @ BDT 35.45 X 5.5%= 33.51 Crore (+/-)

* Total Consultancy fees BDT 33.51 X 12% = 4.02 Crore (+/-)

 (Contd..P/3)

P/3

Sl Name After Schedule After Work Order Remarks

BDT 1.17 Crore(of 3.50%) BDT 4.5% (of 9%) 1.50
1. Nupur Enterprise Pay Order/Cheque Crore 9%
No……………… Pay Order/Cheque
BDT 33 Lac 51 Thousand (of 1 No………………
2. Nation Wide %)
Construction Pay Order/Cheque
-
No………………
BDT 16 Lac 75 Thousand (of
3. F.H Construction 0.50%) - 0.50%
Pay Order/Cheque
No………………
4. Md. ZiaulHaque BDT 16 Lac 75 Thousand (of
0.50%) - 0.50%
Pay Order/Cheque
No………………
5. Md. AbulKashem BDT 33 Lac 51 Thousand (of 1
%) 1%
Pay Order/Cheque
No………………
6. Abu Hena Momtaz BDT 33 Lac 51 Thousand (of 1 1%
Ahmed %)
Pay Order/Cheque
No………………

(Total fees in word: BDT Three Crore Sixty Eight Lac Only)
4. PARTY-A will provide all necessary papers and documents to PARTY-B for the
purpose of collecting/acquiring the project in favor of PARTY-A.
5. PARTY-A will ensure to provide all the legal and financial documents as per
requirement of the work order providing authority such as BG from the Bank, BOQ as
per directed and other related documents.
6. PARTY-B will not be entitled any other profit of the project except the consultancy fees
@3.68 (+/-) crore.
7. PARTY-A will complete the entire project at its own cost and responsibility maintaining
the standard laid down by the project authority.
8. PARTY-A will do the design, drawing and construction work supervision for smooth
handover of project to the authority.
 (Contd..P/4)

P/4

9. PARTY-A will supply all the material as per requirement criteria set by the project
authority.

10. Any party committing breach of any of the above provisions shall indemnify and keep
other party indemnified from and against all losses and damages, action proceedings
costs and expenses arising directly or indirectly out of such breach, without prejudice to
any power of expulsion vested on the parties by this deed otherwise.

11. The terms, conditions and stipulations contained in this agreement shall be binding and
enforceable against the parties hereto and their respective heirs, executors, successors,
representatives and assigns.

12. The parties to this agreement agree to keep confidential the existence and contents of this
agreement and its schedules and the negotiations leading up hereto, and shall not reveal
the documentation or information concerning the transactions contemplated herein.
Neither party hereto may during the continuance of this agreement or at any time
thereafter disclose or divulge any confidential information relating to the business or
affairs of the other party.

13. The parties hereto will be bound only by the terms and conditions mentioned and
contained in this agreement and no other terms or conditions shall be included or implied
unless agreed upon by the parties in writing and the agreement is amended accordingly.

14. The validity, construction and enforceability of this agreement shall be governed in all
respect by the laws of the Government of the People’s Republic of Bangladesh.

15. The commission of the Consultants will be adjusted according to the issue of new BOQ of
the project value.

(Contd..P/5)
P/5

In witness whereof, the parties to this agreement have, through their respective authorized
representatives, have executed these presents and affixed their hands and common seal of their
respective companies on the day, month and year first above mentioned.

SIGNED BY:

For on behalf of PARTY-B For on behalf of PARTY-A

1. F.H Construction
.................................................
Toma Construction Limited

2. Md. Ziaul Haque

3. Md. Abul Kashem

4. Abu Hena Momtaz Ahmed

WITNESSES:

1.

2.