Lot of Service Agreement for you.

AGREEMENT NO:









GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS & IT
DEPARTMENT OF TELECOMMUNICATIONS
SANCHAR BHAWAN, 20, ASHOKA ROAD,
NEW DELHI-110 001. INDIA.




AGREEMENT

FOR

Sharing the Common Infrastructure Between Domestic & International OSP centre
(Non- Sharing, Independent & Separate EPABX to be used for International & Domestic OSP Centres)


TOTAL PAGES ______________

Agreement

for

Sharing The Common Infrastructure Between
Domestic & International OSP centres

THIS AGREEMENT is made on the … day of ….. (month) ……. (year) by and between the President of India acting through Shri ……….. Director(CS- 1), Department of Telecommunications (DoT), Government of India, Sanchar Bhavan, 20, Ashoka Road, New Delhi – 110001 (hereinafter called the ‘Authority’ which expression shall unless repugnant to the context, include its successors and assigns) of the FIRST PARTY.
And
M/s. ………………………., a company registered under the Companies Act 1956, having its registered office at ………….. acting through Shri………. Authorised signatory (hereinafter called the ‘OSP’ which expression shall unless repugnant to the context, include its successors in business, administrators, liquidators, legal representatives and permitted assigns) of the SECOND PARTY.
i) WHEREAS the Department of Telecommunications has the authority to register OSPs, under the Executive Instruction of the President of India. AND WHEREAS the OSP is having / proposes to set up a Domestic OSP Center at …………………………… vide Registration No ……………dated …………… as per the terms and conditions of Registration.
ii) AND WHEREAS the OSP is having / proposes to set up an International OSP Center at …………………………… vide Registration No ……………dated ……………. as per the terms and conditions of Registration.
iii) AND NOW WHEREAS the OSP has requested for sharing the common infrastructure between International and Domestic OSP Centers.
Whereupon and in pursuance to the said request, the Authority has agreed to Register the OSP for sharing the common infrastructure facility between the Domestic and International OSP centres of the OSP (hereinafter called the ‘facility’) as per terms & conditions for Other Service provider category as described in SCHEDULE appended hereto.
NOW THE PARTIES HERETO AGREE AS FOLLOWS:
1. Registration for such facility (for sharing the common infrastructure between the Domestic and International OSP centres) shall be valid for a period of 3 years. This may be extended for a further period of maximum 3 years after expiry.
2. The registration will be effective from the date of signing of this Agreement and the agreement shall remain valid till the validity of registration.
3. OSP hereby agrees and unequivocally undertakes to fully comply with all the terms and conditions as described in Schedule appended hereto and shall be binding hereinafter on the OSP.
4. The domestic OSP Centre and International OSP Centre shall belong to the same Company.
5. OSP shall set up call centre having atleast 50 seats.
6. The Domestic OSP centre and international OSP centre shall have non-sharing separate and independent EPABX but may have the common operator position.
7. No voice traffic shall flow between the Domestic and international OSP centres and, directly or indirectly, cause bypass of the network of the Authorised Telecom Service Providers.
8. OSP shall ensure that the system logs are tamper-proof and system logs are preserved atleast for six months. The Authority reserves the right to call for these system logs on demand and also inspect at site.
9. OSP agrees to submit a security deposit in the form of a Bank Guarantee for Rs. 2.5 Crore (Rupees Two Crore Fifty Lakhs) in favour of the Department of Telecommunications for the period of such registration in the prescribed format.
10. For extension of registration period beyond 3 years, the OSP shall submit such request for extension alongwith extended validity period of Bank Guarantee, 60 days prior to the expiry date, failing which the registration will lapse without notice.
11. The authority reserves the right to carry out the audit periodically or whenever desires so.
12. The Authority shall have the right to forfeit the security deposit, in case of violation of any of the Terms & Conditions for Other Service Provider category in the Schedule appended hereto, identified to it’s satisfaction. The OSP shall be liable for any violation of the said terms & conditions by anyone including but not limited to it’s employees. The authority reserves the right to take appropriate action including cancellation of the registration held by OSP and the company shall be debarred from taking OSP registration for 3 years from the date of cancellation of such registration.
13. The Directors of the board of a company violating OSP terms and conditions shall be debarred for 3 years from taking OSP registration directly or indirectly.
14. OSP agrees that any information furnished above, if proved incorrect or false will render OSP liable for any penal action or other consequences as may be prescribed in law or otherwise warranted.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed through their respective authorised representatives on the _________(day) __________(month), ______(year).


Signed for and on behalf of Signed on __/___/_____, on
President of India Behalf of
M/s.______________________

By By
Mr._____________________ Mr._______________________ (Name and Designation), (Name and Designation),
Director, DOT, New Delhi authorised signatory and holder of General Power of Attorney dated _______________, executed in accordance with the Resolution No. ________________, dated ______________ passed by the Board of Directors.
In the presence of:
Witnesses:

1. Signature
Name
Occupation. Address Place.

2. Signature
Name
Occupation. Address Place.

Draft Master Service Agreement Page 6 THIS AGREEMENT is made this ___ day of _____ (month), 2005, by and between: 1. Municipal Corporation of Delhi constituted under the Delhi Municipal Corporation Act 1957 (Act No. 66 of 1957) having its Headquarter at Town Hall, Delhi, through Shri Rakesh Mehta, Commissioner, Municipal Corporation of Delhi, having its office at Town Hall Delhi, hereinafter referred to as MCD. (which term or expression unless excluded by or repugnant to the subject or context shall mean and include its successors-in office and assigns) of the FIRST PART; AND 2. Electronic Corporation of India Limited, Hyderabad, a public sector enterprise under Department of Atomic Energy, Govt. of India, and their consortium partner SARK Systems India Limited, Hyderabad, hereinafter referred to as Partner a companies incorporated under the Indian Companies Act 1956, having its corporate office at Hyderabad and represented by Chairman & Managing Director Shri. G. P. Srivastava for ECIL and Shri. Muralikrishan for SARK Systems India Limited (hereinafter referred to as "Partner") of the SECOND PART. AND 3. Respective Department of Government of National Capital Territory of Delhi, (Government of Delhi), having its office at

hereinafter referred to as ” which term or expression unless excluded by or repugnant to the subject or context shall mean included its successors in office and assigns) of the THIRD PART; WHEREAS a) The MCD undertook selection of a suitable Partner, adopting a Public Private Partnership model, through competitive bidding for implementing the CSB/SUGAM KENDRA Project; b) The Partner has been selected by MCD as the successful bidder to undertake the CSB/ SUGAM KENDRA Project involving the development of the total solution, roll out and sustained operations and provide the consulting and staffing services along with other technology partners to permit the dissemination of best practices relating to the Services and the CSB/ SUGAM KENDRA project has been operational for more than 2 years. Draft Master Service Agreement Page 7 c) In recognition of the services of the partner to MCD, MCD intends to accord to the aid of Partner of MCD the right to undertake and implement the CSB/SUGAM KENDRA Project on the terms and conditions set forth below for a period of FOUR years with an extension of further four years to co-exist with competing channels from the Project Implementation Completion Date (“Term”) to (a) build, develop, construct, commission, operate and maintain the CSB/SUGAM KENDRA Project for all the Departments and Agencies of GOVERNMENT OF DELHI; and (b) at the end of the term transfer back the bespoke software, hardware, equipment to MCD or any agency nominated by it. d) The Partner in pursuance of its bid undertakes to implement the CSB/SUGAM KENDRA Project during the aforesaid period stated in Recital E hereinabove. NOW THEREFORE, IN VIEW OF THE MUTUAL PROMISES AND CONSIDERATION SET OUT HEREIN, GOVERNMENT OF DELHI and the Partner (each individually a “Party” hereto and collectively the “Parties”) have agreed to enter into this Master Services Agreement ("MSA") to govern the way in which the Partner will build and manage the facilities and deliver the services specified under this Agreement and the Service Level Agreement (“SLA") in accordance with roles and responsibilities of the GOVERNMENT OF DELHI, Secretary of CSB/SUGAM KENDRA Project and its nominated agencies and the Partner as set forth in this agreement:

Loan Agreement Format For United Smart Loan Scheme Articles of Agreement made this the _____________ day of _______________ 2005 between Mr./Mrs.__________________ residing at ________________________ hereinafter referred to as the “BORROWER(S)” (which expression shall include his/her heirs, executors, administrators, legal representatives and assigns) of the ONE PART And United Bank of India, a Body Corporate, constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having its Head Office at 11, Hemanta Basu Sarani, Kolkata – 700 001 and carrying on business, inter alia, at ___________________, hereinafter referred to as the “BANK” (which expression shall include its successors in business and assigns) of the OTHER PART. WHEREAS the Borrower(s) applied for and obtained loan from the Bank under its United Housing Loan Scheme of Rs.______________ on the terms and conditions and against the security mentioned in the said Agreement under the United Housing Loan Scheme. AND WHEREAS the Borrower(s) has/have availed of the said loan and purchased a Flat/constructed a house with the said loan of Rs._____________ in terms of the United Housing Loan Scheme and in terms thereof made certain stipulated instalment payments aggregating Rs.___________ and as such, the principal loan amount of Rs._____________ stands reduced by the said payment during the last _______ months period. AND WHEREAS the Borrower(s) has/have applied after 3 years of granting the said loan for a further loan of Rs.___________ under the United Smart Loan Scheme for interior decoration of the said premises and/or for purchase of furniture, fixtures or for other purposes. AND WHEREAS the Bank has agreed to advance to the Borrower(s) a sum of Rs.___________ under the United Smart Loan Scheme upon the terms and the conditions contained in the sanction letter, and, inter alia, in these Presents. NOW IN CONSIDERATION OF THE GRANT OF THE ABOVE ADVANCE OF Rs.___________ under the United Smart Loan Scheme in addition to the existing loan of Rs.____________ it is agreed as follows :- The Bank has agreed to the Borrower's request for further loan of Rs._____________ for the general miscellaneous purposes. The Borrower(s) hereby agrees/agree that the said advance of Rs.___________ shall be covered by the terms and conditions contained herein as well as those embodied in the security documents, application for the said loan, the Bank's Sanction letter and the Rules of the Bank regarding such loans. The disbursement of the said loan of Rs.___________ shall be at the absolute discretion of the Bank. The Borrower(s) expressly agrees/agree and undertakes/undertake that the said loan of Rs.__________ would be utilised exclusively for the purposes set forth in the Borrower's Request for loan and as per the terms of the sanction of the Bank. The Borrower(s) shall furnish to the Bank satisfactory proof of the proper utilisation of the amount of such loan. The Borrower(s) shall repay the said amount of Rs._____________ with interest as per the terms of the sanction letter in agreed rate of monthly instalments of Rs._____ with interest at _____ per annum with monthly rest and final date of repayment should coincide with the date of repayment of the Housing Loan. The Borrower(s) has/have created mortgage of the flat/house purchased or constructed by him/her obtaining the loan from the Bank under the United Housing Loan Scheme and hereby extends/extend the said equitable mortgage of the said flat purchased with the said loan in favour of the Bank for repayment of the outstanding amount at any time in the Loan Account under the United Smart Loan Scheme and the Borrower(s) has/have written a letter dated ___________ extending the said Mortgage of his/her property to cover the said Loan of Rs.__________ plus interest in addition to the repayment of loan and interest payable by the borrower(s) to the Bank of the outstanding loan amount under the United Housing Loan Scheme. Interest on the said amount of loan of Rs.___________ will be applied at _________ % per annum with monthly rests, calculated on the outstanding debit balance on daily product basis and debited in the Account under the United Smart Loan Scheme Account every month. Provided the Bank shall at any time and from time to time be entitled to charge the rate of interest depending upon the change of Prime Lending Rate and such revised rate of interest shall be construed as agreed to be paid by the Borrower(s). The Borrower(s) shall be deemed to have noticed the change of interest rate whenever the change is displayed/notified at/by the Branch/published in the Newspaper/made through entry of interest charged in the Statement of Account sent to the Borrower(s). The Bank shall be at liberty to charge at its own discretion the penal rate of intereston the outstanding loan amount for any default or irregularity on the part of the Borrower(s) which in the opinion of the Bank warrants charging of such penal rate of interest for such period as the Bank may deem fit. The Bank shall have the liberty through its authorised representative to inspect the mortgaged property of the Borrower(s) purchased or constructed or acquired from the loan obtained from Bank and utilisation made of the loan taken under the United Smart Loan Scheme. The Borrower(s) hereby undertake(s) to pay regularly the charges payable to the Municipality and/or cesses, if any, levied on the mortgaged property. The Borrower(s) shall insure the said property in the Joint Names of the Borrower(s) and the Bank in respect of the said immovable property and deliver the policies and relevant papers to Bank. In default of the Borrower(s) the Bank will be at liberty but not obliged to take out the Policy in respect of property of the Borrower(s) and debit the costs, charges and expenses in relation to the said Policy to the account of the Borrower(s) with the Bank. The Borrower(s) hereby agree(s) and declare(s) that the Bank shall be entitled to adjust, settle, compromise or refer to arbitration any dispute between the Insurance Company and the Insured arising from or under or in connection with said Insurance Policy and make adjustments, settlements, compromise of any Award made on such reference of the disputes to arbitration and this will be binding on the Borrower. The Borrower(s) further agrees to the Bank having a right to receive all moneys payable under the said Insurance Policy relating to any claim made thereunder and to give a valid receipt therefor and the amount so received by the Bank shall be conclusive and be credited to the Loan Account of the Borrower(s) and the Borrower(s) shall not be entitled to raise any question with regard to the quantum of the amount which has been so received from Insurance Company and credited to the Loan Account of Borrower(s). The Borrower(s) will not dispute his/her/their liabilities for the balance amount remaining due on the Borrower's said Loan Account after such credit of amount received from the Insurance Company. Notwithstanding anything contained herein or in the other documents executed by the Borrower(s) the whole advance and/ or entire outstanding balance shall become forthwith due and payable by Borrower(s) to the Bank and the Bank will be entitled to enforce its security upon the happening of any of the following events, namely, ( a ) The Borrower(s) ceasing to be in service by way of retirement, resigning or being discharged from service or otherwise or upon the demise of Borrower ; ( b ) The occurrence of any circumstance which, in opinion of the Bank is prejudicial to or impairs, imperils or depreciates or is likely to depreciate the security given to Bank ; ( c ) The occurrence of any event which in the opinion of Bank will adversely affect the capacity of Borrower(s) to repay the loan ; ( d ) The occurrence of any default on the part of the borrower(s) in paying monthly instalments as per Agreement. The decision of Bank with regard to the happening of any of the aforesaid events will be conclusive and binding on the Borrower(s). The Borrower(s) hereby agree(s) that in case of death or cessation of service or otherwise the Bank may at its discretion continue with the loan provided sufficient collateral securities are furnished by the legal heirs of Borrower(s) in case of Joint Loans or some satisfactory arrangement of repayment of the said loan acceptable to the Bank is made in this regard. The Borrower(s) further undertake(s) that in the event of cessation of his/her service whether by retirement, resignation, death, dismissal or by operation of law or for any other reason whatsoever, the Bank will be at liberty and at its discretion to write to the Borrower's employer to appropriate and / or set-off any amount which may then be payable by the Borrower's employer to Borrower(s) by way of terminal benefits, ex-gratia and any other such payments, whatsoever, that may become outstanding to the credit of Borrower(s) towards repayment of the balance that may be then outstanding and payable by the Borrower(s) to the Bank in respect of his/her loan account with applicable rate of interest upto the date of repayment. Such appropriation or set-off shall be conclusive and binding on the borrower(s) and his/her successors. The Borrower(s) further agree(s) that till the entire dues of Bank are adjusted by way of recovery from the Borrower's employer or otherwise, the borrower's liability to make repayment of the entire dues with applicable interest upto the date of repayment in respect of the Borrower's loan account under United Smart Loan Scheme shall remain valid. The undertakings, authorisation and covenants herein contained shall be irrevocable so long as the Borrower(s) continue(s) to be liable to Bank in respect of Borrower's Loan Accounts. The Borrower(s) further agree(s) that in case of any default in payment of the loan or interest or any instalment of the loan on the due date the Bank and the Reserve Bank of India will have the unqualified rights to disclose and / or to publish the Borrower's name as defaulter in such manner and through such medium as the Bank / Reserve Bank of India may decide at their absolute discretion. The Borrower(s) shall furnish to the Bank all such information as would be reasonably required by Bank for its satisfaction for compliance with terms and conditions of advance and all such periodical reports and informations at such time in such forms and containing such particulars as Bank may call for the purpose of ascertaining the results of utilisation of the said loan under The Smart Loan Scheme. The Borrower(s) further declare(s) that the Borrower(s) has/have understood all the terms and conditions relating to the sanction of the Loan under United Smart Loan Scheme and agree(s) to abide by the same and also by the rules, regulations and guidelines which may be issued in future from time to time and in the event of failure by Borrower(s) to do so, the Bank will have the right to demand the outstanding amount in the said account under the United Smart Loan Scheme with interest and costs. The Borrower(s) irrevocably and unconditionally agree(s) and undertake(s) to bind the borrower his/her Executor, Administrator and Assigns for repayment of the outstanding dues in the said United Smart Loan Scheme Account. IN WITNESS WHEREOF the Borrower(s) has/have set his/her/their Hands and executed these presents on the _________ day of ______________ 200 Signature of Borrower(s):___________________ Name : ___________________ Address : ___________________ ___________________ ___________________

AGREEMENT FORMAT for installation of EPABX by the MTNL. (To be signed on Rs 100/- Stamp Paper to be supplied by MTNL) This agreement is made and entered into at Delhi, this _____ day of ______ , 2005, between Mahanagar Telephone Nigam Limited, through the General Manager, having office at ________________________________________________________________, hereinafter called “MTNL” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns in the office) of the ONE PART AND M/s _______________________________________________________________, having address at _________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ , hereinafter called “the customers”(which expression shall unless it be repugnant to the context or the meaning thereof shall mean and include the officer for the time being holding the said post and/or his successors in the office) of the OTHER PART. WHEREAS the MTNL has finalized a scheme for providing EPABX to the customer free of cost , but on payment of specified fixed rental and call charges as per the prevailing rates, to the customer. AND WHEREAS the Customer has filed an application, dated _______ , with the MTNL, for providing the customer with EPABX, for _________ extensions, at customers premises at ______________________________________________________________ ________________________________________________________________________ AND WHEREAS MTNL would provide the same through one of the empanelled manufacturer/authorized suppliers, engaged in the business of supplying, installing, testing, commissioning, upgrading and supporting the EPABX. NOW THIS AGREEMENT WITNESSETH AND AGREED TO BY THE PARTIES AS HEREINBELOW: 1. That the MTNL agrees to supply Free EPABX under the MTNL’s “Free EPABX” scheme, of the initial capacity ________ . The customer agrees to pay the rental for ___________ extensions (minimum forty five, i.e. 90% of 50 extensions). The “Free EPABX” will be installed at the customer’s premises, at________________________ _____________________________________________________________________ , where, the customer agrees to provide free space, power and air conditioning, etc. The customer also agrees to pay the electricity bill and Annual Maintenance Contract (AMC) Charges for the air-conditioning equipments, etc at his premises. The customer also agrees to pay, municipal corporation taxes, as applicable. The customer agrees, to be fully responsible for the security and safety of the EPABX and the other associated equipment at all times. 2. The customer agrees to use the EPABX, so installed in their premises, for a minimum period of six years and the usage can be extended beyond six years with mutual consent at the same terms and conditions. 3. The customer shall be entitled, to make unlimited number of free intra-EPABX calls (within extensions of the EPABX at one location). 4. The customer agrees to pay, as rental and maintenance charges to MTNL at following fixed rental: (a) Rs 100/- per working extension per month, if extension are provided and maintained by MTNL. Normal analogue telephone instrument will be provided by MTNL. (b) Rs 50/- per working extension per month, if extension are provided and maintained by the customer. No telephone instrument will be provided by MTNL. (c) For external extensions, the customer agrees to pay, Rs ___/- as rental and maintenance charges per external extension per month (to be decided by MTNL depending upon distance and location at prescribed rates). Normal analogue telephone instrument will be provided by MTNL for every extension. 5. The customer agrees to pay the call charges, the rental for PRI lines, junction lines and other facilities, etc separately. These charges are subject to change from time to time upwards and downwards. 6. The ratio of junction lines to the no. of extensions will normally be 1:10. However, this may be further increased, based on the actual traffic figures, with the consent of the customer. 7. The customer can procure special instruments like CLI, Digital Telephone Instruments, etc., from MTNL on rent and guarantee basis on MTNL rates. 8. (a) The customer agrees to pay a security deposit/irrevocable bank guarantee for the amount of Rs ___________/-(Equivalent to six months rental of the equipped capacity). The validity of the bank guarantee should be three months more than the six year minimum usage period of the EPABX. (b) In case of capacity upgradation of the EPABX, the customer agrees to pay the additional security deposit/ irrevocable bank guarantee, for the amount equivalent to the six months rent of the upgraded capacity. (c) No interest will be payable for security deposit, etc. 9. The authorized signatory of the customer undertakes total responsibility to make the payment in full for the consolidated bill comprising of (a)rental of extensions, (b)rental for PRI, junction lines, etc (c) call charges and (d) rent and guarantee charges for special accessories, if applicable (e) any other charges for facility extended by MTNL to customer on mutually agreed terms and tariff. The customer agrees to pay the bills before the due date along with service tax and any other tax levied by the government from time to time. 10. No lines from other service operators will be terminated on the EPABX. 11. All disputes arising out of or relating to this agreement shall be decided by arbitration by the Executive Director, MTNL New Delhi an arbitrator appointed by him. There will be no objection that the arbitrator so appointed is MTNL / Government Officer. The proceedings shall be governed by Arbitration and Conciliation Act 1996 and Rules made there under or any enactment or statutory modification thereof in force for the time being. The decision of the arbitrator shall be final and binding on both the parties. 12. Rights of the parties shall be governed by the provisions of Indian Telegraph Act , 1885, Indian Wireless Telegraphy Act 1933, Telecom Regulatory Authority of India Act 1997 or any other laws of land modified or replaced from time to time. IN WITNESS WHEREOF the parties herein have put their respective hands to this writing on the _______day,_______month,_______year this first hereinabove written. SIGNED, SEALED AND DELIVERED ] By the withinnamed MTNL ] Through its General Manager ( ) ] Mr./Ms. ] in the presence of ……………………………. ] ] SIGNED, SEALED AND DELIVERED ] By the withinnamed CUSTOMER ] Through its Authorized Signatory ] Mr./Ms. ] in the presence of ……………………………. ] ]

LEGAL AGREEMENT FORMAT STAMP PAPER OF RS. 100/= ONLY AGREEMENT FOR SOFTWARE EXPORT TECHNOLOGY PARK An agreement made this ………day of ………………., Two Thousand Three between M/s. ……………………………………. a 100% export oriented unit having its Registered office at ……………………………………………., India (hereinafter referred to as “the Unit” which expression shall include its successors and assigns) of the one part and President of India ( hereinafter referred to as “the Government” which expression shall include his successors in office and assigns) of the other part. WHEREAS the Government have communicated vide ……………………….dated ……………….. to the unit the terms and conditions for setting up of the 100% export oriented Software Technology Park under software export scheme of Ministry of Communications & Information Technology for the development of computer software and execution of IT enabled services and the unit has duly accepted the said terms and conditions vide their letter No. ………………… dated ……………………... AND WHEREAS the unit has been granted the status of 100% export oriented unit, as defined in Ministry of Commerce Resolution No.8(15)/78/EP dated 31st December, 1980, in Technology Park. AS WHEREAS the unit has been allowed to import the capital goods, raw materials, spares and consumables etc. free of import duty for development of computer software and execution of IT enabled services for export through satellite data link or in form of physical export. AND WHEREAS as a condition of the approval granted to the unit, the Government has stipulated that the unit must earn foreign exchange by exporting 100% of the production of export product, namely Computer Software and/or execution of IT enabled services for a period of five years beginning from the first day after completion of the gestation period allowed by the Government (hereinafter referred to as the prescribed date). NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. The unit shall earn foreign exchange by exporting 100% of their production of Computer Software and/or execution of IT enabled services for a period of five years, counting from the prescribed date. Exports to Bhutan will not qualify for redemption of export obligation as also export to Afghanistan and Nepal if made otherwise than against payment in free foreign exchange. This export obligation shall be in addition to and over and above any other export obligation that might have been or may be imposed on the Unit on any other ground. 2. The unit shall intimate the date of commencement of production for 100% export within one month of such date to the concerned Director of STP. 3. The unit shall within a period of three months beginning from the first day of the financial year after the commencement of export production, submit to the Director of STP, certificates in original and such other documents may be demanded by the said authority giving details of the following imports/exports effected and purchase made from the Domestic Tariff Area by the unit during the period. a) Quantity, specifications and CIF value of imported (I) Capital Goods, Plant/ Machinery and Equipment and (ii) Raw materials, Components and Consumables. b) Quantity, specifications and value of indigenously procured (I) Plant, Machinery and equipment and (ii) Raw-materials, Components and Consumables. c) Quantity, specifications and value of exports. The unit shall submit similar certificates and such other documents to the said Authority every year for a period of five years, within three months from the end of each financial year. 4. In the event the unit is not able to fulfill the export obligation undertaken by it as aforesaid, the unit shall, on the instruction of the concerned Joint Director, Ministry of Information Technology, pay to the Government the amount of customs duty that would be leviable at the relevant time on the items of Plant, Machinery and equipment and raw-materials, components and consumables allowed for import by the unit in terms of approval granted to them. The unit, shall, in addition pay simultaneously to the Government liquidated damages, the amount of which will be decided by the Government taking into account the circumstances of the case. The amount of liquidated damages shall be determined by the Secretary, Ministry of Communication & Information Technology and the instructions of the said authority shall be final and binding on the unit. While determining the extent of liquidated damages the said authority will, if it is considered necessary, give an opportunity to the unit to present its arguments. Contd. …3/ : : 3 : : 5. The unit will under no circumstances be allowed to dispose of the export product in the domestic market unless specifically allowed by the Government. 6. The unit will comply with all the terms and conditions communicated by Ministry of Communication & Information Technology, Government of India vide ………………………………….dated …………………. to the unit. 7. In the event of the unit failing to fulfill the export obligation undertaken by it as aforesaid, except when the fulfillment of such obligation is prevented or delayed because of any law, order, proclamation, regulation or ordinance of the Government, the Government shall be free to issue any directions to the unit regarding the manner of disposal of the export goods and the unit shall be bound or comply with the same. This will be without prejudice to any other action which may be taken against the unit under the provisions of the Import & Exports (Control) Regulations or any other rules. 8. Any custom duties/excise duties and interest at 18% from the date of import/supply to the date on which payment is made due to Government under agreement shall also, without prejudice to any other mode of recovery be recoverable in accordance with the provisions of Section 142 of the Customs Act, 1962/Section 11 of the Central Excise and Salt Act, 1944 and rules made thereunder and/or/from any other payment due to the unit from the Government. 9. Any order issued by the Government in this regard shall be final and binding and the unit thereby undertake to comply unconditionally with such an order. 10. Any stamp duties payable on this document or any document executed thereunder shall be borne by the unit. 11. The export obligation will be in US dollar as per the formula given below: The unit shall be a positive net foreign exchange earner. Net Foreign Exchange Earnings (NFE) shall be calculated cumulatively for a period of five years from the commencement of production according to the formula given below. Items of manufacture for export specified in the letter of Permission (LOP) alone shall be taken into account for calculation of NFE. Positive NFE = A – B >0 Where NFE is Net Foreign Exchange Earning. A - is the FOB value of exports by the STP unit; and B - is the sum total of the CIF value of all imported inputs and the CIF value of all imported capital goods, and the value of all payments made in foreign exchange by way of commission, royalty, fees, dividends, interest on external borrowings during the first five year period or any other charges. “Inputs” mean raw materials, intermediates, components, consumables, parts and packing materials. Contd. …4/ : : 4 : : In witness whereof the common seal of M/s. …………………………….., has been hereunto affixed and for and on behalf Mr. ……………………….., has set and subscribed his hands hereunto. Common seal of the within named unit has been affixed hereunto in the presence of (i) Mr._________________ i) __________________________________ Director (Signature) Res.address: and (ii) Mr. _________________ (ii) _________________________________ Director (Signature) Res.address: Directors/Signatories who have been duly authorized for the purpose by a resolution of Board of the Directors of the Company passed at the meeting held on …………….. and who have signed in the presence of: 1.______________________________ Name : (Signature) Designation: Address: 2.______________________________ Name : (Signature) Designation: Address: Signed for and on behalf of the President of India Shri/Smt ..................................... In the presence of 1. ______________________________ (Signature) Name : ............................................. Designation : ......................................... Address :STP – Kolkata, SDF Building, 4th Floor, Sector-V, Kolkata-700091 2. ______________________________ (Signature) Name : ............................................. Designation : ......................................... Address :STP – Kokata, SDF Building, 4th Floor, Sector-V, Kolkata - 700091

THANKS FOR MAIL

Mr.A.K.Parthasarathy,

Great fantabulous and enlightening post - kudos for the same - keep up the good work going.

Best Regards

Daksh