Canteen Agreement

THIS AGREEMENT made and executed at Mumbai this ___ day of ___,
Two Thousand and One.
BETWEEN
1. _____, 2._____ and 3. ____, all Indian Inhabitant, being the trustees
of ____ having the trust office at_____ hereinafter referred to as The
Trustees (which expression shall unless it be repugnant to the context
or meaning thereof be deemed to include the survivors or survivor of
them and the Trustees or Trustee for the time being of these present and
the heirs, executors and administrators of the last surviving trustees and
their or his assigns) of the One Part.
AND
_____, Indian Inhabitant, residing at _____ hereinafter referred to as

The Contractor (which expression shall unless it be repugnant to the
context or meaning thereof include his heirs, executors, administrators)
of the Other Part.
WHEREAS by a Deed of trust dated ------ the------- trust was created for
various objects or purposes, one amongst them being running of an
educational institution for promotion of education.The above referred
party of one part are the trustees of the said trust.
AND WHEREAS the _____ is an Educational Institution being managed

and controlled by the Trustees and the Principal on behalf of the
institution and the trustees is authorised to do all acts, deeds, matter
and things necessary for proper management and running of the said
Institution.
AND WHEREAS the Trustees and the Principal are desirous of appointing
the party of the other part on contract basis to run a canteen in the
Educational Institution in the premises to be allotted by them to the
party of the other part for running of the said canteen the details of
which is more particularly described in the schedule attached hereto on
terms and conditions appearing herein below.
NOW THIS CONTRACTOR AGREEMENT WITNESSETH AND IT IS HEREBY

AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1] The Contractor shall furnish at his own cost and expenses the canteen
premises so allotted to him by the party of one part with all the requisite
furniture and equipments including amongst others chairs, tables, lights,
fans, exhaust fans,stove, refigrators, fire extinguisher and other
equipment as may be necessary to run the said canteen in good and
hygienic conditions and shall also take all due precautions to protect the
said canteen premises from hazards of fire and other hazards. If due to
any default or negligence or carelessness on the part of the contractor
any damage is caused to the said canteen premises not only shall the
contractor be liable for the same but the agreement shall also be
terminated by the party of one part without any prior notice.
2] The said contract shall be commenced on or before

________________, 2001, and shall terminate on or before
________________, 2002 or early determination of the contract on the
party of one part giving one month notice to the contractor on breach of
any of the terms and conditions of this contract or non-satisfactory
performance by the said contractor. On the termination of this contract
at the expiry of the aforesaid period or earlier determination of this
contract the contractor shall quit, vacate and deliver peaceful possession
of the allotted premises in such good and substantial repair and
condition and so maintained, saved and cleansed and in all respects in
such state and condition consistent with due performance of several
terms and conditions herein contained reasonable wear and tear
expected..
3] The Contractor shall obtain at his own cost and expense all the
necessary permission and clearance from appropriate authorities as is
required for running the said canteen.
4] The Contractor shall pay the party of one part the Contract sum of
Rs______________, subject to additions and deductions pursuant to
authorised change orders.
5] The Contractor shall occupy and use the said allotted premises only
for the purpose of running the said canteen and for no other purpose.
The contractor shall keep and maintain the said allotted premises and
the fixtures and fittings therein already existing and belonging to the
party of one part in good and tenantable repair and condition and shall
repair and make good any loss or damage at his own expenses(reasonable
wear and tear and loss or damage by flood, earthquake ,accident
,irresistible force or act of God excepted). However replacement of any
exisiting fixtures and fittings which require replacement will be the
responsibility of the Contractor.
6] The Contractor shall not sub-let,under-let, or part with the possession

of the said allotted premises , or any part thereof during the continuance
of this agreement.
7] The said allotted premises shall be used in a reasonable manner

without being a nuisance or annoyance to the party of one part or to the
neighbours.
8] The Contractor shall always sell and make available in the said
canteen premises the following items: tea, coffee, soft drinks, snacks
(veg and non-veg), mineral water, and clean drinking water (without
cost). Under no circumstances any alcoholic drinks or cigarettes will be
made available in the canteen. On breach of this condition the contract
will be immediately terminated without giving the contractor any notice.
9] The Contractor shall always keep the canteen premises clean and in
good and hygenic condition.The Principal or any other staff member shall
be entitled to inspect and conduct periodical checks on the canteen
premises and the conditions thereof without prior notice.
10] The canteen will remain open between __ to __ only ,unless prior
permission in writing of the principal is obtained. The canteen will
remain closed on__
11] The contractor will employ at his own cost and expense sufficient
number of employees capable of taking and delivering order to the staff.
No canteen service shall be provided outside the canteen premises to
students by the Contractor or by his employer.
12] The contractor shall at his own cost provide his employees with
presentable uniform of standard colour which should be worn during
canteen hours by the said employees. The uniform should be clean to
prevent health hazards.
13] The party of one part and the Educational institution will not be
responsible for any fire, theft or other incidents or accidents occurring in
the canteen premises and if the same occurs due to any negligence or
default or carelessness on the part contractor and or his employees the
contractor shall be liable to reimburse the institution for any loss or
damages so caused.
14] It shall be the duty of the contractor to be always diligent and

careful about the quality of the food and or drinks served in the canteen
to prevent any health hazards. If due to negligence or default or
carelessness on the part of the contractor and/or his employees the
health hazards incur the contractor shall be held liable for the same.
15] Nothing herein contained shall constitute any demise or tenancy or

sub- tenancy between the party of one part and the Contractor or shall
be deemed to create any right to tenancy or any right to or interest in
the said allotted premises or any part thereof or in favour of the
Contractor, it being an express intention of the parties hereto, that this
is a mere contractor agreement.
16]On the termination of this contract on or before________ or earlier

determination of this contract the party of one part reserves the right to
allot or re-allot the said allotted canteen premises to any person or party
of their own choice.
17] All disputes or question arising hereunder shall unless decided by

mutual agreement of the parties be resolved by referring to two
arbitrators one to be appointed by the each party and the appointed
arbitrator will appoint the presiding arbitrator .Such arbitration shall be
held at Mumbai and shall be governed by and subject to the provisions
of the Arbitration and Conciliation Act, 1996 or any statutory
modification or reenactment thereof for the time being in force in India
and the Award shall be binding on the parties to the dispute.
18] All out of pocket expenses incidental to this agreement shall be

borne by the parties hereto equally. The parties shall respectively bear
and pay their respective Solicitors/Advocates fees and costs of and
incidental to this Agreement.
19] The party of one part shall retain the original Contractor Agreement
and the Contractor shall retain the duplicate thereof.
IN WITNESS WHEREOF, the parties have hereunto set their respective

hands and seals the day and year first hereinabove written.
SIGNED SEALED AND DELIVERED )

by the withinnamed party of one part )
in the presence of_____ )
SIGNED SEALED AND DELIVERED )

by the withinnamed party of the other part )
in the presence of_____ )

Canteen Agreement

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THIS AGREEMENT made and executed at Mumbai this _ day of _,

Two Thousand and One.

_, Indian Inhabitant, residing at _ hereinafter referred to as

AND WHEREAS the _____ is an Educational Institution being managed

NOW THIS CONTRACTOR AGREEMENT WITNESSETH AND IT IS HEREBY

2] The said contract shall be commenced on or before

6] The Contractor shall not sub-let,under-let, or part with the possession

7] The said allotted premises shall be used in a reasonable manner

14] It shall be the duty of the contractor to be always diligent and

15] Nothing herein contained shall constitute any demise or tenancy or

16]On the termination of this contract on or before________ or earlier

17] All disputes or question arising hereunder shall unless decided by

18] All out of pocket expenses incidental to this agreement shall be

IN WITNESS WHEREOF, the parties have hereunto set their respective

SIGNED SEALED AND DELIVERED )

SIGNED SEALED AND DELIVERED )

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