0% found this document useful (0 votes)
16 views

Agreement 1

Uploaded by

rajesh.justice
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
16 views

Agreement 1

Uploaded by

rajesh.justice
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 8

AGREEMENT

This Agreement is made on this the ______ day of __________, 2024 at _________ between:

1. Dr Nandhimandalam Bobby, S/o. Mr. N. Venkata Raju, aged about 34 years, Occupation:

Doctor, R/o. ______________________________________(hereinafter referred to Owner No.1)

2. Mr. Nandhimandalam Venkata Raju, S/o. Chinna Subba Raju, aged about 68 years,

Occupation: _______, R/o. ______________________________________(hereinafter referred to


Owner No.2)

3. Dr Nandhimandalam Sheesham Singh, W/o. Mr. Nandhimandalam. Bobby, aged about 30

years, Occupation: Doctor, R/o. ______________________________________(hereinafter


referred to Owner No.3)

(Hereinafter collectively referred to as Owners)

AND

M/s Inbuild Con, a partnership firm consisting of (1) ___ (2) ___ (3) ___ as partners carrying on
business at ______ hereinafter referred to as the ‘Facilitator’ of the Other Part ;

WHEREAS, the Owner No.1 owns an immovable property consisting of a plot of land
admeasuring _______ square yards situated at ______________________, and intends to construct
a hospital thereon having obtained approval to construct 04 (four) floors. with a building thereon
and situated at ______ made a part hereof, together with the improvements now or hereafter erected
thereon.

WHEREAS, the Owner No.2 owns an immovable property consisting of a plot of land
admeasuring _______ square yards situated at ______________________, and intends to construct
a hospital thereon having obtained approval to construct 04 (four) floors. with a building thereon
and situated at ______ made a part hereof, together with the improvements now or hereafter erected
thereon.
WHEREAS, the Owner No.3 owns an immovable property consisting of a plot of land
admeasuring _______ square yards situated at ______________________, and intends to construct
a hospital thereon having obtained approval to construct 04 (four) floors. with a building thereon
and situated at ______ made a part hereof, together with the improvements now or hereafter erected
thereon.

WHEREAS Owners 1 and 3 are doctors by profession, while Owner No.2 is the father of Owner

No.1, out of love and affection contributed his plot so as to enable Owners 1 and 3 to construct a
hospital under the name and style of “Dr. Bobby Multi Speciality Hospital” on the entire extent of
land ad measuring 722. 48 square metres.

WHEREAS, the Owners obtained approval to construct 04 (four) floors thereon, together with the
improvements now or hereafter erected thereon.

WHEREAS, accordingly the Owner approached the Facilitator for construction of a building for
running a hospital under the name and style of Dr. Bobby Multi Speciality Hospital pursuant to
which the total cost of construction was determined at Rs.7,59,01,722/-, which was accepted by the
Owners payable on completion of a floor.

WHEREAS, accordingly cost of the ________ floor was arrived at ________, out of which the
Owner No.1 invested a sum of Rs.1,00,00,000/-, but subsequently due to paucity of funds
requested the Facilitator to fund the balance amount of Rs. _______________, with a promise to
repay the amount with interest at the rate of ____% within ______ months.

NOW THEREFORE, in consideration of the mutual covenants, terms and conditions and
understandings set forth hereinafter this agreement, both the parties agree as under:

1. This Agreement is effective as of the date of this Agreement and shall continue in full force and
effect until (i) the indebtedness is paid in full (including principal, interest, costs, expenses,
attorneys’ fees, and other fees and charges) and (ii) this agreement is terminated or cancelled as
provided in this agreement; or (iii) this agreement is terminated pursuant to a written agreement
signed by the parties.
2. The Owners had borrowed from the the Facilitator a sum of Rs.__________(Rupees
________________ Only) towards partial cost of construction and completion of the property.

3. The Owners agree that they will pay interest on the said sum at the rate of ____ percent per
annum from the date of funding till repayment thereof by them to the Facilitator.

4. The Owners understand and agree that (i) the Facilitator is relying upon the Owners’
representations, warranties, and agreements as set forth in this Agreement; and (ii) the funds
contributed by the Faciliator shall be and remain subject to the terms and conditions of this
Agreement.

5. Unless the Facilitator otherwise agrees, his lien on the property herein must have priority over the
rights of (i) all tenants under any arrangement of whatsoever nature, and (ii) all parties in
possession of the property.

6. The Owners shall (i) notify the Facilitator of any material change in the activities or operations
conducted on the property; and (ii) provide to the Facilitator, and have an ongoing obligation to
provide to the Facilitator, copies of all information in its possession, under its control, or
available to it concerning the condition of the property.

7. The Owners shall promptly inform the Facilitator of (i) all material adverse changes in it’s
financial condition; (ii) any litigation and claims, actual or threatened, affecting the property
which could have a material adverse effect on the property; and (iii) any condition or event which
constitutes a breach or default under any of the Related Documents, or any other contract related
to the property.

8. When any event occurs that the Facilitator reasonably and in good faith determines may endanger
completion of construction of the property or the fulfillment of any condition or covenant in this
agreement, the Facilitator may require the Owners to furnish, within twenty (20) days after
delivery of a written request, adequate security to eliminate, reduce, or indemnify the Facilitator
against such danger.
9. The Owners’ financial statements supplied to the Facilitator truly and completely disclose the
Owners financial condition in all material respects as of the date of each such statement, and
there has been no material adverse change in the Owners financial condition subsequent to the
date of the most recent financial statement supplied to the Facilitator.

10.Except as contemplated by this Agreement or as previously disclosed in Owners financial


statements or in writing to the Facilitator and approved by the Facilitator in writing, and except
for property tax liens for taxes not presently due and payable, the Owners own and has good title
to the property herein free and clear of all liens and security interests and has not executed any
security documents or financing statements relating to the property herein.

11.The Owners declare that no litigation, claim, investigation, administrative proceeding, or similar
action (including those for unpaid taxes) against Owners is pending or threatened, and no other
event has occurred which may have a material adverse effect on the Owners financial condition
or assets.

12.The Owners covenant and agree with the Facilitator that, until the indebtedness is paid in full,
the Owners will promptly inform the Facilitator in writing of:

(i) all material adverse changes in the Owners financial condition; and

(ii) (ii) all existing and all threatened litigation, claims, investigations, administrative
proceedings, or similar actions affecting the Project Property, any Guarantor, or any
Collateral which could have a material adverse effect on the Project Property.

13.The Owners agree that they shall make, execute, and deliver to the Facilitator such
promissory notes, mortgages, security agreements, assignments, financing statements,
instruments, corrective instruments, documents, and other agreements as the Facilitator or
its counsel may reasonably request to evidence and secure the Loan, to perfect all Security
Interests in the Collateral and Improvements, and to correct any deficiencies or errors in
this Agreement or the Related Documents.
14.The Owners covenant and agree with the Facilitator that, until the indebtedness is paid in
full, the Owners will not do any of the following without first obtaining the Facilitator’s
prior written consent:
(i) Create, incur, or assume indebtedness for borrowed money, including capital leases,
except for indebtedness to the Facilitator and trade debt incurred in the ordinary
course of business;

(ii) sell, transfer, or lease any of the Owners’ assets, except for the sale or lease of
inventory and entering into standard tenant leases in the ordinary course of business;

(iii) sell with recourse any of the Owners’s accounts, except to the Facilitator; or

(iv) create or allow to be created any lien or charge upon any of the Owners’ assets, other
than Permitted Liens and development easements approved in advance by the
Facilitator.

(v) engage in any business activities substantially different than those in which the
Owners are presently engaged;

(vi) merge with, acquire, or consolidate with any other business entity;

(vii) convert to a different kind of business entity;

(viii) cease operations, liquidate, or dissolve.

(ix) Lend money, invest in, or advance money or assets to any other person, enterprise, or
entity;

(x) purchase, create, or acquire any interest in any other enterprise or entity; or

(xi) incur any obligation as surety or guarantor other than in the ordinary course of
business.

(xii) sell, transfer, or lease any Collateral, except for the sale or lease of inventory or
standard tenant leases in the ordinary course of business.

(xiii) Except with respect to direct and indirect transfers permitted, have any material
change in the ownership of the Owners without the prior written consent of the
Facilitator.
15.The Owners shall not enter into any agreement containing any provisions which would be
violated or breached by the performance of the Owners obligations under this Agreement or
in connection herewith.

16.The the Owners shall not enter into or otherwise consent to any modification or
amendment to any declaration, restrictive covenant, easement or similar item applicable to
the Project Property without the prior written consent of the Facilitator.

17.The Owners agrees to indemnify, defend, and hold the Facilitator and its officers, directors,
employees, and agents harmless from and against any and all claims, suits, obligations,
damages, losses, costs, expenses (including, without limitation, reasonable attorneys’,
architect’s, and engineering fees), demands, liabilities, penalties, fines, and forfeitures of
any nature whatsoever and whenever actually suffered or incurred by the Facilitator or its
officers, directors, employees, and agents arising out of, relating to, or in any manner
occasioned by, (i) this Agreement or the Related Documents; (ii) a breach by the Owners of
this Agreement or the Related Documents; (iii) the exercise of the rights and remedies
granted the Facilitator under this Agreement or the Related Documents; or (iv) the use,
generation, manufacture, storage, disposal, release, or threatened release of a Hazardous
Substance on, under, about, or from the Real Property in violation of Environmental Laws.
the Owners releases and waives any future claims against the Facilitator and its officers,
directors, employees, and agents for indemnity or contribution in the event the Owners
become liable for cleanup or other costs under any Environmental Law for the use,
generation, manufacture, storage, disposal, release, or threatened release of a Hazardous
Substance on, under, about, or from the Real Property. The Facilitator shall have the right
(i) to commence, appear in, or defend any action or proceeding purporting to affect the
rights, duties, or liabilities of the parties to this Agreement, the Related Documents, or the
Disbursement of Construction Funds; and (ii) to appear in any action or proceeding to
defend itself against such claims.The Facilitator shall be entitled to settle or compromise
any asserted claims against it, and such settlement shall be binding upon the Owners for
purposes of this section. All related costs and expenses incurred by the Facilitator
(including reasonable attorneys’ fees incurred by the Facilitator) shall be paid by the
Owners to the Facilitator. The provisions of this section of the Agreement shall survive the
payment of the Indebtedness and the expiration, cancellation, or termination of this
Agreement, and shall not be affected by the Facilitator’s acquisition of any interest in any
of the Project Property or the Real Property, whether by foreclosure or otherwise. However,
in interpreting and applying this provision or any similar provision contained in any of the
Related Documents that requires the Owners to indemnify the Facilitator and hold the
Facilitator harmless, the indemnity and hold harmless provision shall not be construed so as
to require the Owners to indemnify the Facilitator or hold the Facilitator harmless from or
against the Facilitator’s own gross negligence, willful misconduct, or wrongful acts.

18.If an Event of default occurs, the Owners agree to pay upon demand all of the Facilitator’s
reasonable costs and expenses actually incurred in connection with the enforcement of this
Agreement or the Related Documents, whether or not an action or claim is filed. the
Facilitator may hire or pay someone else to help enforce this Agreement, and the Owners
shall pay the costs and expenses of such enforcement. the Facilitator’s costs and expenses
include the Facilitator’s reasonable attorneys’ fees and legal expenses incurred in
connection with litigation, alternative dispute resolution proceedings, bankruptcy
proceedings (including efforts to modify or vacate any automatic stay or injunction),
appeals, and any anticipated post-judgment collection services. the Owners also shall pay
all court costs and such additional fees as may be directed by the court. However, to the
extent this Agreement or the Related Documents require any the Owners or Guarantor to
pay the Facilitator’s attorneys’ fees following the occurrence of an Event of Default, the
Facilitator will be permitted to recover its attorneys’ fees only to the extent they are
reasonable in amount and are actually incurred by the Facilitator, without regard to any
statutory presumption as to the amount of such attorneys’ fees or any percentage amount
specified in the Related Documents.

IN WITNESS WHEREOF, the parties first mentioned above have executed this agreement
as of the date first above written.

WITNESSES:
1.
2.
3.
1. Name: _________________________ _______________________________
Address: _____________________ Owners
___________________________________
_______________________________
_______________________________

For M/s. Inbuildcon


2. Name: ________________________
Address:____________________________ ____________________________
____________________ (Authorized Signatory)
____________________________
____________________________

You might also like