THIS AGREEMENT is made at Bombay this
__________ day of ___________________ 200 between _____________________________
Co-operative Housing Society Ltd., having its registered office at
______________________________________ hereinafter referred to as "the
party of the first part" and ABC, a legal portal having its registered
office at______________________, hereinafter referred to as "the party of
the second part".
WHEREAS the party of the first part is a
co-operative housing society and requires the assistance of solicitors and
legal advisors for drafting notices to be issued to members of the society,
correspondence with the Bombay Municipal Corporation/ Registrar of Society,
giving advice and solutions to internal problems of the members of the society
in accordance with the Co-operative Societies Act, 1960 and the bye-laws of the
society, etc.
AND WHEREAS the party of the first part
has offered to appoint and retain the party of the second part to act for them
as legal advisors and solicitors and the party of the second part have agreed
to the said appointment and retainer ship;
AND WHEREAS the parties hereto have
agreed to record the terms and conditions on which the party of the first part
has agreed to appoint and retain the party of the second part to act for them
as legal advisors and solicitors and the party of the second part has agreed to
accept the said appointment and retainer ship;
NOW IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
1.
The party of the first part hereby appoints
and retains the party of the second part for drafting notices to be issued to
members of the society, correspondence with the Bombay Municipal Corporation/
Registrar of Society, giving advice and solutions to internal problems of the
members of the society in accordance with the Co-operative Societies Act, 1960
and the byelaws of the society and all ancillary and incidental matters.
2.
The party of the first part shall pay to the
party of the second part fees of Rs. (Rupees -----------only) per month. The
said fees will be in lieu of and in satisfaction of all professional charges
and expenses including the office expenses of the party of the second part but
excluding any out of pocket expenses and costs incurred in relation to the
assignment.
3.
The party of the first part shall also pay to
the party of the second part all out of pocket expenses incurred by them in
payment of traveling expenses, registration charges, etc. in respect of
documents in relation to each transaction etc.
4.
The above fee quote is based on the
assumption that there will be no material change in the scope. In the event of
any material deviation in the foregoing assumption the parties hereto agree to
re-assess and mutually revise the fee quote.
5.
Invoices will be raised by the party of the
second part on a monthly basis and will be payable within 15 days. A detailed
narrative stating the nature of the work done will accompany the invoice. The
invoice shall also include details of any out of pocket expenses and costs
incurred in relation to the assignment.
6.
The scope of the above services would not
include any regulatory compliance (such as filings, etc. with statutory
authorities, etc.), or providing substantive opinions or memoranda on any
specific legal issue and the same will be charged separately.
7.
This agreement will not extend to any
litigation civil or criminal or arbitration whether arising out of any
transaction entrusted to the party of the second part or otherwise. If any such
matter of litigation or any legal proceedings in a court of law or tribunal or
arbitrator is entrusted to them, the party of the second part will be entitled
to charge fees according to their usual practice.
8.
The party of the second part shall maintain
full secrecy and shall not disclose any confidential matter or communication
between the party of the first part and themselves to anybody else.
9.
The party of the second part shall not act in
any matter entrusted to them for any other party concerned or connected with
such matter.
10. This
agreement may be terminated by any party hereto by giving one month''s prior
notice to the other without assigning reason and on the expiry of the said
period from receipt of the notice this agreement shall stand terminated except
in respect of matters which are already entrusted to the party of the second
part and are not completed.
IN WITNESS WHEREOF the parties hereto
have put their hands the day and year first hereinabove written.
Signed by the with in named)
______________ Co-operative)
Housing Society by its Secretary)
Mr. ___________________________)
In the presence of)
______________________________)
Signed by the with in named)
_________________________ (retainers)
by its ( concerned authority)
Ms. ___________________________)
In the presence of)
______________________________)
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