SAMPLE AGREEMENT
CONSORTIUM AGREEMENT
This Consortium Agreement is made on at
between with its registered and corporate
office at hereinafter referred to as , which expression shall include its
successor and its permitted assigns.
AND
M/s , registered under the Indian Companies Act 1956,
having their corporate office at , hereinafter referred
as , which expression shall include its successors and assigns.
and individually referred as "Party" and
collectively as "Parties".
WHEREAS is a
WHEREAS is a and
WHEREAS the Rajasthan State Power Finance Corporation Limited, (hereinafter
referred to as "RSPFCL"), has invited Bid for "Appointment of Merchant
Bankers", hereinafter referred to as "Bid".
Now, it is agreed between the Parties as under:
1. and will exclusively participate in the above
mentioned Bid with acting as Lead Partner and
as Partner. During the term of this Consortium Agreement and such
extended period mentioned in clause 2 herein below, and
shall not enter into any teaming arrangements with any other
party for any component of the Bid covered under this Consortium
Agreement.
2. The 'Term' of this Consortium Agreement shall be for 12 months from the
date of signing of this Agreement or the contract period (in case of award of
contract).
3. and hereby mutually agree that both
of them shall remain as irrevocable members of this tie-up for the complete
execution and completion of the Bid arrangement.
4. In case of award of contract, both the Parties will be jointly and severally
liable for fulfilling the Terms & Conditions stipulated in the Bid document.
5. All legal and financial interactions with RSPFCL would be undertaken by
Lead Partner.
6. and agree to keep confidential all
information shared with each other and disclose to third party only after
taking prior written consent of each other. This clause excludes information
available in public domain.
7. This Consortium Agreement shall be construed and governed by the laws of
India.
8. Any matter, which is not stipulated in the Consortium Agreement, shall be
settled in good faith by discussion among the parties in the spirit of
understanding and cooperation.
9. During its Term, this teaming arrangement will be terminated in the event of
Consortium not been selected by RSPFCL for the referred assignment.
10. By signing this Consortium Agreement, the "Parties" acknowledge that it
correctly records the understanding both have reached with regard to the
Bid.
IN WITNESS WHEREOF, each Party hereto has caused this Consortium Agreement to
be executed in duplicate to be effective as of the Effective Date, by its duly
authorized representative.
(For ) (For )
Signature: Signature:
Name: Name:
Designation: Designation:
Date: Date:
Witness: Witness: