Sample Service Agreement

7
INDIA NON JUDICIAL Government of Karnataka e-Stamp I Certificate No. il Certificate Issued Date Account Reference Unique Doc. Reference Purchased by Description of Document Description Consideration Price (Rs.) IN-KA15800636752183J 21-Sep-2011 04:15 PM NONACC (FI)! kaksfcl08! KODIGEHALLI! KA-BA SUBIN-KAKAKSFCL0812304335248581 J LAND T LIMITED INTEGRATED ENGINEERING SERVICES Article 12 Bond BOND o (Zero) LAND T LIMITED INTEGRATED ENGINEERING SERVICES NIL LAND T LIMITED INTEGRATED ENGINEERING SERVICES 100 (One Hundred only) First Party Second Party Stamp Duty Paid By Stamp Duty Amount(Rs.) For T~Pavagada Souha:da ~re· Co-Operative Ltd. (R) Au4d Signatory - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .Please write or type below this line- UNDERTAKING To, Larsen & Toubro Limited, L&T House, N. M. Marg Ballard Estate, Mumbai 400001. Dear Madam(s) / Sires), . . f L &T 'b Limited ("L&T" which expression shall be deemed to In eonsideration 0 arsen ou ro , ., d assigns) mean and include its subsidiaries / associate / group companies, successors in title an assigns,

Transcript of Sample Service Agreement

Page 1: Sample Service Agreement

INDIA NON JUDICIAL

Government of Karnataka

e-Stamp

I Certificate No.il

Certificate Issued Date

Account Reference

Unique Doc. Reference

Purchased by

Description of Document

Description

Consideration Price (Rs.)

IN-KA15800636752183J

21-Sep-2011 04:15 PM

NONACC (FI)! kaksfcl08! KODIGEHALLI! KA-BA

SUBIN-KAKAKSFCL0812304335248581 JLAND T LIMITED INTEGRATED ENGINEERING SERVICES

Article 12 Bond

BOND

o(Zero)

LAND T LIMITED INTEGRATED ENGINEERING SERVICES

NIL

LAND T LIMITED INTEGRATED ENGINEERING SERVICES

100

(One Hundred only)

First Party

Second Party

Stamp Duty Paid By

Stamp Duty Amount(Rs.)

For T~Pavagada Souha:da ~re·Co-Operative Ltd. (R)

Au4d Signatory

- - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .Please write or type below this line- •

UNDERTAKING

To,Larsen & Toubro Limited,L&T House, N. M. MargBallard Estate, Mumbai 400001.

Dear Madam(s) / Sires),

. . f L & T 'b Limited ("L&T" which expression shall be deemed toIn eonsideration 0 arsen ou ro , ., d assigns)mean and include its subsidiaries / associate / group companies, successors in title an assigns,

Page 2: Sample Service Agreement

----- -==----;-1

INDIA NON JUDICIAL

Government of Karnataka----------_._-------_._--

e-Stamp

1/ First Party

Second Party

I I Stamp Duty Paid By

Stamp Duty Amount(RS.)

IN-KA15800636752183J

21-Sep-2011 04: 15 PM

NONACC (FI)/ kaksfcl08/ KODIGEHALLI/ KA-BA

SUBIN-KAKAKSFCL0812304335248581 J

LAND T LIMITED INTEGRATED ENGINEERING SERVICESArticle 12 Bond

BOND

o(Zero)

LAND T LIMITED INTEGRATED ENGINEERING SERVICESNIL

LAND T LIMITED INTEGRATED ENGINEERING SERVICES100

(One Hundred only)

I Certificate No.

Certificate Issued Date

I I Account Reference

I Unique Doc. ReferenceI Purchased by .

IDescription of Document

I 0 ..escnptton

Consideration Price (Rs.)I

For Tfie-Pavaqada Souharda Cre.Co-Operative Ltd. (R)

AU.d Signatary

I -·······-·····-·-········.·· •••••••••••••••••. Pleasewrite or type below this line •••••••••••••••••••••••••••••••••••••••••••••.

having agreed to appoint / appointed me in L&T as Ei - 2.01' w.e.f. ~y \.2012,inter alia on the terms and conditions contained in the Letter No. £$ H E<"f. .dated .2.3- Fe.b- l2..addressed by L&T to me, and in further consideration of your havmg agreedto impart training to me, I Mr. / ~ / ~ Av~",,-~h.. Fov-J.. 'b

/ rl",~ / __.:.c.. f Mr 1-0e(' pgyc{ , aged a outson .......-oHLer ..w=:: 0 . ~ c25" years having my permanent address at ;It :2-8'&(1,Ard N\Pt.i", J 6 YOSS)-13:....•M ~ov...+ BO\~oJ<oY'~ ~6 007-3. and presentlyResiding at .:It l-~ Fi\;...s+ PEOOy, RohJ..~ 8)"\",,,c:(tVl.,s, GjQk.<.NtOlvV\3.,-t\ $-10.. e. J ¥ s'\) y fL S:}9 00L do hereby state as

under:U

Page 3: Sample Service Agreement

1. I agree, accept, confirm and declare that:a. L&T has made above mentioned offer for appointment and tratrung /

employment inter alia based on my covenant and undertaking to serve L&T for aminimum period of Two consecutive years from date hereof;

b. The training / employment involves considerable expenditure - direct andindirect, financial and unliquidated, related to faculty, domain expertise, computertime, support facilities, learning materials, salaries /stipend and other allowanceswhile I am under training / employment.

c. This training / employment will substantially improve my professional standingand is being imparted by L&T at considerable expenditure as an investment inme as a future resource for L&T.

d. The expenditure involved in my said training is several times in excess of theamount of the liquidated damages.

e. I have given this undertaking and indemnity of my own free will, after havingfully understood the contents and the consequences, legal and/or otherwise, thatwill flow as a result of breach on my part of this undertaking & indemnity.

f. I shall, during the period of my training/employment with L&T, honestly,faithfully, diligently and efficiently utilize and devote my skills and ability,exclusively for the business and affairs of L&T and shall not be engaged in anybusiness or profession, directly or indirectly in any capacity either full time or parttime outside of L&T. I shall not commit any act or omission that may exposeL&T to any kind of liabilitywhatsoever.

g. L&T has at all times lien over and the authority of appropriating towards therecovery of the sum mentioned herein below, any and all the amounts receivableby me from L&T by way of salary, arrears of salary and all other types ofremuneration, allowances and terminal benefits.

h. L&T will issue the exit documents to me only after completion of the handingover process duly and diligently, submission of all official documents andmaterials in my custody or possession to the satisfaction of the officer/ sauthrorised to take over.

1. In the event that I terminate my training/employment prior to the expiry of theminimum period, L&T shall be entitled to specify the fact that I have not servedfull term of training/employment in the exit documents to be issued to me byL&T.

2. I do hereby agree, confirm, undertake and covenant with L&T as follows:a. I shall remain in the training/employment of L&T for a period of two (2) years

from the date hereof, and shall not leave, abandon, resign, terminate, or givecause for termination, for any reason whatsoever during the said period.Notwithstanding the above, I acknowledge the right of L&T to terminate mytraining/ employment for any reason whatsoever whether with or without notice,at L&T's sole discretion.

b. I shall keep confidential, shall not divulge and / or prevent divulgence of any andall information, instruments, documents, etc., that might come to my knowledgeduring the continuance of my training / employment with L&T.

c. In case I commit breach of this Undertaking in general and / or anycovenants/termination by L&T, as provided in Clause (2-a) in particular, I shallupon demand, without demur or protest, forthwith pay to L&T a sum ofRs.200000/- (Rupees Two lakhs only) as liquidated damages, which Iacknowledge and accept to be a genuine pre-estimate of the damages that will be

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caused to L&T as a result of breach/default on my part thereof and L&T shall,without prejudice to its rights, be entided to receive the same. The above amountof Rs.200000/ - (Rupees Two lakhs only) shall constitute a debt owing by me toL&T and shall be recoverable by L&T with interest thereon @ 18% per annum,from the date of demand by L&T till repayment thereof by me.

d. Without prejudice to my obligation to pay the liquidated damages to L&T asabove, in the event of my leaving, abandoning, resigning or otherwise terminatingor giving cause for termination of my training/employment prior to thecompletion of the minimum period of two years from the date hereof, I shall not,directly or indirectly, engage in or carryon either on my own accord or otherwiseor serve in any capacity with any person, firm, or company, carrying on businessin India which is similar or substantially similar to the business carried on byL&T for the unexpired period out of the said period of two years.

e. I shall sign all such papers, documents and / or powers of attorneys/letters ofauthority as may be reasonably required by L&T in this behalf.

3. Dispute Resolution:Any dispute or difference arising in connection with the training/employment or underthis undertaking and indemnity shall resolved by reference to arbitration by a solearbitrator appointed by L&T at its sole discretion. The arbitration proceedings shall begoverned by the Indian Arbitration & Conciliation Act, 1996. The language of arbitrationshall be English. Each of L&T or the Trainee/Employee shall respectively entitled toapproach the Court of competent jurisdiction for such interim reliefs as L&T of theTrainee/Employee may in its discretion deem fit, The venue of arbitration shall be atMumbai or such other place shall have exclusive jurisdiction. The award of the arbitratorshall be final and binding on the parties. The governing law shall be the laws of India.

4. I, pursuant to this undertaking and in the premises, hereby indemnify and agree to keepindemnified L&T, its Directors, Officers, Employees, agents, its successors and assigns,of, from and against any/all, losses, cost including actual legal costs, damages, demands,claims, actions, proceedings charges and expenses, that L&T or any of them may sufferor incur or account of any action, legal or otherwise, having to be taken or being takenagain~t myself. by L&T in the even~ of breach on my part of any of t~~econditionscontamed herem and/or under the Saidletter no. I (?"~l- l-tR-lITJ..:..··_··_,· ., ~-~'-- _Dated Fek~ 13).24/Laddressedby L&T to me.

5. Address for purpose of service:As appearing herein above.

ours sincerely

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GUARANTEE

This deed of guarantee made this t.t-r day of ~ 2012.

In consideration of Larsen & Toubro Limited having its Registered Office at L&T House, N. M.Marg, Ballard Estate, Mumbai - 400001 ("L&T", which expression shall be deemed to mean andinclude its subsidiaries / associate / group Companies, successors in title and assigns), havingagreed to appoint/ appointed Mr./Mrs'./~ A-v11Nts I-.. wc-t(hereinafter referred to as 'Trainee/Employee') as F'T ~ 2-0 (( w.e.flil\l1tllr~J in tT, on the terms and conditions contained in L&T's letter no.

ES EI i dated.2.3 - ~~f:, ~ I'L ('the said letter') to theTrainee/Employee;

And in consideration of the fact that, in accordance with the terms and conditions of the saidletter, the Trainee/Employee has furnished an undertaking dated I - tV! I'IY -12-(undertaking), agreeing inter-alia to pay to L&T at Mumbai, a sum of Rs.200000/- (Rupees twolakhs only) as liquidated damages, in the event of failure/default on the part of theTrainee/Employee to perform his/her obligations, contained under the said letter and/or theUndertaking.

NOW THEREFORE

1. I/We, Mr./~M'5." v-J.Q) 'l='ovd. andMr'/I:kriMs-:- ~'Vle-s dohereby jointly and/ or severally, absolutely, unconditionally and irrevocably undertake andguarantee to pay forthwith to L&T at Mumbai, upon demand by L&T, without anydemur or protest, the said amount of Rs.200000/ - (Rupees two lakhs only) as liquidateddamages.

2. The above amount of Rs.200000/ - (Rupees two lakhs only) shall constitute a debt owingby me/us to L&T and shall be recoverable by L&T with interest thereon @ 18% perannum, from the date of demand by L&T till repayment thereof by me/us.

3. I/We agree and confirm that any such demand made by L&T on me/us, by a writtencommunication at the address given hereunder shall be conclusive as regardsdefault/breach having been committed by the Trainee/Employee of his/her obligationsand I/We shall not require/be entitled to require any further proof of these facts.

4. That this guarantee is absolute and unconditional and shall be enforced by L&T againstme/us without any correlation with L&T's remedies against the Trainee/Employee,irrespective of any dispute or difference as to any liability of Trainee/Employee pursuantto the said letter and/ or the Undertaking or otherwise.

5. No relaxation waiver shall in any way impact my/our liability and this guarantee will be acontinuing guarantee and will continue to be binding notwithstanding the death,insolvency, lunacy or any incapacity or liquidation or dissolution (as the case may be) ofthe Trainee/Employee or the guarantor/ s.

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6. I/We agree that L&T at its option, shall be entitled to enforce this guarantee againstme/us at the first instance without proceeding against the Trainee/Employee.

7. I/We, in the premises, hereby indemnify and keep indemnified L&T, its Directors,Officers, employees, agents, its successors and assigns of, from and against any/all,losses, cost including actual legal costs, damages, demands, claims, actions, proceedingscharges and expenses, that L&T or any of them may suffer or incur on account of anyaction, legal or otherwise, having to be taken or being taken against me/us by L&T in theevent of breach on my/our part of any of the conditions contained herein.

8. Any dispute or difference arising in connection with this guarantee shall be resolved byreference to arbitration by a sole arbitrator appointed by L&T at its sole discretion. TheArbitration & Conciliation Act, 1996. The Language of arbitration shall be English.Either of the parties shall be respectively entitled to approach the Court of competentjurisdiction for such interim reliefs as the parties may in their discretion deem fit. Thevenue of arbitration shall be at Mumbai or such other place as L&T may in its solediscretion decide and Courts at Mumbai or such other place shall have exclusivejurisdiction. The award of the arbitrator shall be final and binding on the parties.

9. The governing law shall be the laws of India.

10. Address for purpose of service: as appearing herein below:

DETAILS OF FIRST GUARANTOR

Address:-

Relation with the person selected for Training/Employment: _--!.~--,,--:....,[h:....;....:.e.=--Y_· _

Permanent Residential Address Company Name, Address & Designation

Tel. No. 1. Tel. No. 1.

2. 2.

ig~~ L\J\~"'-/(Si ature of First Guarantor)

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DETAILS OF SECOND GUARANTOR

Mr./~/~ __ ~-,,---,,--v.....:..I_~s=-- _ PHOTO to be affixed

Address:-

.--

Relation with the person selected for Training/Employment:

Permanent Residential Address Company Name, Address & Designation

Tel. No. 1. Tel. No. 1.

2. 2.

(Signature of Second Guarantor) AcceptedFor & On behalf of L&TBy its Authorised Signatory

Name:

Designation:

Note:1. Guarantor should be either parents or close relative of the EXECUTIVE TRAINEE

(ET).2. Undertaking will not be accepted without Complete address & phone Nos of

Guarantor3. One document as Proof of address of Guarantor (Passport / Driving licence / PAN

Card copy) to be submitted.