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AGREEMENT BETWEEN CONTRACTOR AND A SUBCONTRACTOR FOR CONSTRUCTION OF THE BUILDING

This agreement made on Saturday 10th of December 2013, between SKC

BUILDERS & DEVELOPERS PVT LTD., Lucknow a company incorporated under theompanies !ct, 1"#$ and ha%ing its registered office at 633/24 Gul!"

C#l#$%F!'!(!) R#!)C*'$*!+ Lu,-$# through its Director, M". A*!$ A%%u(

&hereinafter ca''ed (the C#$+"!,+#" which e)pression sha'' un'ess repugnant to the

conte)t or meaning thereof, be deemed to inc'ude his heirs, 'ega' representati%es,

e)ecutors and administrators* of the ONE PARTand M/ SKA INFRA0ONE PVT.LTD,

a company registered under ompanies !ct, 1"#$ and ha%ing its registered office at

633/24 Gul!" C#l#$%F!'!(!) R#!)C*'$*!+Lu,-$# through its Director, M"

R!*'l A-*+!"&hereinafter referred to as (Su( ,#$+"!,+#" which e)pression sha'' un'ess

repugnant to the conte)t or meaning thereof, be deemed to inc'ude e%ery director for

the time being of the said firm, the sur%i%or or sur%i%ors or the 'ega' representati%es,

e)ecutors or administrators of the 'ast sur%i%or of the OTHER PART+

-./.!S the first party is the contractor of the p'ot of 'and admeasuring 3663.2

1. +" bearing l#+ N#. 55/GH 72 V"'$)!!$ 8#9$!, !mar Shaheed

ath,/aeibarei'y /oad,Lucknow,+ &hereinafter referred to as the !') l#+ #: l!$)*

and is desirous of getting residentia' comp'e) constructed on the said p'ot of 'and+

!4D -./.!S the first party has !#'$+) +* !",*'+,+ and the said

architect has prepared the p'ans, )"!'$; and e'e%ations of the said intended

residentia' apartment bui'ding and the ,':',!+'#$of the works to be done and of the

!+"'!l+

!4D -./.!S the second party is a big u( ,#$+"!,+#" and is ha%ing a

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manner and to the satisfaction of the ontractor7 architect+ Sub contractor wi''

pro%ide a'' the ski''ed and unski''ed 'abor for a'' the acti%ities of e)ecution

concerned 8 /s 907: per s6uare feet+ &Detai' payment schedu'e is attached as

anne)ure ; herewith*

2+ The sub contractor hereby undertake to commence the construction within fifteen

days of this agreement or as per written instruction of the contractor and

comp'ete the construction on or before the e)piry of 2< months from the date of

start of e)ecution in accordance with the specifications and drawings du'y

appro%ed and sanctioned by the owner+ Drawings, specification and conditions

as are set out in !nne)ure ; hereunder written+

3+ =f the sub contractor fai' to comp'ete the said work within the period as stipu'ated

in the foregoing pro%ision, the sub contractor sha'', at the option of the contractor

but without pre>udice to the other rights under 'aw of the contractor and otherpro%isions herein, pay 'i6uidated damages ca'cu'ated at the rate of /s+ 10000 per

day &but sub>ect to a ma)imum of 20? of the tota' contract amount payab'e by

the contractor under this agreement* for the period between the said stipu'ated

time for comp'etion of the works+ The sub contractor hereby specifica''y agree

and authori@e the contractor to deduct such 'i6uidated damages, if any, from any

insta''ment of payment becoming due and payab'e to the sub contractor in terms

of this agreement+

usted+

#+ !fter the said works ha%e been comp'eted in a'' respects according to the

agreement, sub contractor ha%e at their own e)penses remo%ed and c'eared a''

scaffo'ding, fencing, unused materia's and rubbish from the premises and madeand prepared the said site fit for use and habitation and immediate possession to

buyer of the spaces+

$+ -owe%er, a sum e6ui%a'ent to # per cent of the tota' contract amount payab'e by

the contractor under this agreement sha'' be retained by the contractor as

retention money, which sha'' be paid after successfu' comp'etion of a period of 12

months or at 'east one rainy season from the date of handing o%er the said site

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comp'ete in a'' respects and fit for possession to buyer of the spaces+ This

retention money sha'' be deducted from e%ery running bi'' produced by the sub

contractor 8 #? of running bi'' amount concerned+

9+ The sub contractor hereby agrees and undertakes to rectify a'' such defects as

may be found or detected during the abo%e said period of 12 months or at 'east

one rainy season+ =f the sub contractor fai' to rectify the defects pointed out or

dec'ine to cure such defects as pointed by the contractor within fifteen days from

the date of reporting to the sub contractor, the contractor sha'' be entit'ed to

ha%e such defects cured by such other agencies as it may deem fit at the entire

cost and risk of the sub contractor and uti'i@e the retention moneyA ro%ided

further that in the e%ent of the said retention money being inade6uate to meet

such costs, charges and e)penses incurred by the contractor for curing the

defects in the construction, the sub contractor sha'' within 9 days of a demand inwriting made by the contractor make good the defect, fai'ing which the sub

contractor sha'' be 'iab'e to pay the same together with the interest at 1#? per

annum+

B+ The contractor sha'' a''ow free ingress to and egress from the premises to the

bui'ders ser%ants, emp'oyees, sub contractors and a'' other persons, who are

necessary in connection with the carrying out of the works under the agreement+

The sub contractor sha'' a'so be 'iab'e to make any changes or re%ision in

designs, drawings whene%er it occurred for the betterment of the pro>ect as

directed by the owner7 architect+

"+ The subcontractor sha'' indemnify the contractor in respect of a'' c'aims,

damages or e)penses payab'e in conse6uence to any in>ury to any emp'oyee,

workman, nominee, in%itee whi'e in or upon the said premises+ The sub

contractor sha'' a'so be responsib'e for any damage to bui'dings, whether

immediate'y ad>acent or otherwise and any damage to roads, streets, foot:paths,

bridges or ways as we'' as a'' damages caused to the bui'dings, and work

forming the sub>ect to this contract by frost, rain, wind or other inc'emency ofweather+

10+=f the sub contractor abandon the contract or fai' to commence the work or

suspend the progress of the work for 1< days without any 'awfu' e)cuse under

these conditions, or fai' to proceed with the works with such due di'igence and fai'

to make such due progress as wou'd enab'e the works to be comp'eted within

the time agreed upon or fai' to remo%e materia's from the site or to pu'' down and

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rep'ace work for se%en days after recei%ing from the owner7 architects written

notice that the said materia's or the works were defecti%e and re>ected by the

owner7 architect or neg'ect or fai' persistent'y to obser%e and perform a'' or any of

the acts, materia's or things re6uired by this contract to be obser%ed and

performed by the Sub contractor for se%en days after written notice sha'' ha%e

gi%en to the sub contractor re6uiring them to obser%e or perform the same and

the architect certifies in writing to the contractor to the said effect, then and in

any of the said cases the contractor may, notwithstanding any pre%ious wai%er,

after gi%ing se%en days notice through the said owner7 architect in writing to the

sub contractor terminate the contract in fa%or of the sub contractor and in so far

as it re'ates to the comp'etion of the remaining construction work, but without

thereby affecting the powers of the owner7 architect, or the ob'igations and

'iabi'ities of the sub contractor, the who'e of which sha'' continue in force as fu''yas if this !greement had not been so determined+ !nd the contractor by his

ser%ants or agents may enter upon and take possession of the work, too's,

scaffo'ding, sheds, machinery, power, utensi's and materia's 'ying upon the

premises or in the ad>oining 'ands or roads and use the same as its own property

or may emp'oy the same by means of its own ser%ants and workmen in carrying

on and comp'eting the work or by emp'oying any other sub contractor or other

person to comp'ete the works and the sub contractor sha'' not in any way

interrupt or do any act, matter or thing to pre%ent or hinder such other sub

contractor or other person or persons emp'oyed for comp'eting and finishing the

works or using the materia' and p'ant for the works+

11+ hen the said works are terminated in the manner as stipu'ated in the foregoing

pro%ision, the owner7 architect sha'' gi%e a notice in writing to the sub contractor

to remo%e their surp'us materia's and p'ant, and shou'd the sub contractor fai' to

as so within a period of se%en days, after receipt thereof by them, the contractor

may se'' the same by pub'ic auction and gi%e credit to the sub contractor for the

net amount rea'i@ed+

12+The architect sha'' thereafter ascertain and certify in writing, what &if anything*sha'' be due or payab'e to or by the contractor, for the %a'ue of the said bui'ding

and materia's so taken possession of by the contractor and the e)pense or 'oss

which the contractor sha'' ha%e been put to in procuring the work to be

comp'eted and the amount, if any, owing to the sub contractor and the amount

which sha'' be so certified sha'' thereupon be paid by the contractor to the sub

contractor or by the sub contractor to the contractor, as the case may be, and

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the certificate of the owner7 architect sha'' be fina' and conc'usi%e between the

parties+

13+The sub contractor sha'' be bound to appoint an engineer competent to recei%e

%erba' or written both instructions from the owner7 architect from time to time, on

beha'f of the sub contractor at a'' reasonab'e hours and a'' directions gi%en to him

by the owner7 architect sha'' be deemed to ha%e been gi%en to the sub

contractor+

1ections raised, the said architect sha''certify the same in writing and direct the sub contractor to rectify at their own cost

the defect in the said construction work or remo%e such defecti%e materia's and

the same sha'' be rectified or remo%ed by the sub contractor as directed+

1#+=f both the parties wish to rescind the contract in between, then they are re6uired

either to gi%e each other an ad%ance notice of 3 months or a compensation

amount of /s+30 'acs+

1$+!'' disputes or differences re'ating to the specifications, designs, drawings and as

to 6ua'ity of workmanship or materia' used in the work or as to any other 6uestion

arising out of or re'ating to the contract, design, drawings, specifications, orders

or otherwise in connection with the agreement or the carrying out of the works,

whether during the progress of the work or after the comp'etion or abandonment

thereof sha'' be first tried to be reso'%ed by the parties mutua''y+

19+!nd if the parties cannot reso'%e the dispute or come to any conc'usion then the

dispute wi'' be referred to the so'e arbitration of two arbitrators, one to be

appointed by each party+ The arbitrators sha'' appoint an umpire before entering

upon the reference+ The parties wou'd cooperate and 'ead e%idence, etc+ with the

arbitrators and if one of the parties does not cooperate or remains absent at thereference, the arbitrators or the umpire wou'd be at 'iberty to proceed with the

reference e):parte+ The arbitrators or the umpire sha'' keep record of the ora'

e%idence adduced by the parties and submit the same to the court at the time of

fi'ing of the award, a'ong with documentary e%idence produced before them or

him by the parties or their witnesses+ The proceeding of the arbitrators or the

umpire sha'' be recorded in .ng'ish and a carbon copy whereof sha'' be

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furnished to each party+ The arbitrators or umpire sha'' be entit'ed to appoint

stenographer, for recording proceedings of the arbitration, consu't an e)pert, after

pre%ious notice to the parties to the reference, the cost whereof sha'' be borne

e6ua''y by the parties+ The fees of the arbitrator appointed by a party sha'' be

borne by the party, so appointing and the fees of the umpire and the other

arbitration e)penses sha'' be borne e6ua''y by the parties+ The arbitrators sha''

make their award, with reasons for the decision, within si) months from the date

of entering upon the reference+ =f the arbitrators ha%e a''owed their time to e)pire

without making an award or ha%e de'i%ered to any party or to the umpire a notice

in writing stating that they cannot agree, the umpire sha'' forthwith enter on the

reference+ The umpire sha'' make his award within four months of entering on the

reference or within such e)tended time, as the parties may agree+ The award of

the arbitrators, or umpire, as the case may be, sha'' be fina', conc'usi%e andbinding on the parties and sha'' not be cha''enged on any ground e)cept

co''usion, fraud or an error apparent on the face of the award+ This reference to

arbitration sha'' be deemed to be a reference within the meaning of the

!rbitration and onci'iation !ct, 1""$ or any statutory modification thereof+ 4o

action can be taken under this agreement for the enforcement of any right

without resorting to arbitration under this c'ause+

1B+This agreement sha'' be e)ecuted in dup'icateA the origina' sha'' be retained by

the contractor and the dup'icate by the sub contractor+

1"+;oth parties agree to the terms and conditions of the agreement+=4 =T4.SS -./.C the parties ha%e signed these presents and a dup'icate

thereof, the day and year first hereinabo%e written+

or SKC Bu'l)" & D=l#" P=+. L+)

>CONTRACTOR?

or SKA I$:"!#$ P=+. L+).

>SUBCONTRACTOR?

W'+$@

1*4ame,!ddressESignature Date5

2*4ame,!ddressESignature 'ace5