Institute of Legal Practice and

Development

Excellence in Legal
Practice

GROUP ASSIGNMENT ON CONTRACT DRAFTING.

REGISTRATION NUMBER.

DLPP/PTWE/2023/3246
DLP/PTWE/2023/3192.
DLP/PTEV/2023/2949
DLP/PTWE/2023/3131
DLP/PTWE/2023/3233
DLP/PTWE/2023/3110
DLP/PTWE/2023/3123
DLP/PTWE/2023/3238
DLP/PTWE/2023/3146
DLP/PTWE/2023/3112

Trainer: Ntwali Emile.

SERVICE CONTRACT

This Service Contract ("Agreement") is made and entered into on the 12th of October, 2024
("Effective Date"), by and between:

1. Parties' Particulars

Mauritius Best Construction Ltd A company incorporated under the laws of Mauritius,
with its registered office at Port Louis, with registration Number:119942, Phone Number:
403355 and Email: [email protected] represented by: Ronald FRANK, in the
capacity of Managing Director (hereinafter referred to as the "Contractor").

AND

The Institute of Legal Practice and Development (ILPD)

A higher education institution with head quarter at Nyanza District-Rwanda recognized by High
Education Council and Ministry of Education dedicated to equipping law graduates with
practical legal skills with Email – [email protected] and Phone – 0788305121. Represented by
Gakwaya John, in his capacity as School Recturer (hereinafter referred to as the 'Client')

2. Preamble (Whereas Clause)

WHEREAS, the Client requires maintenance services to ensure the continued operation and
safety of its construction facilities composed of schools, libraries and hostels of student that stays
in the Campus at Nyanza. This service composed periodic inspections, repairs, and necessary
infrastructure upgrades to ensure the continued operation and safety of the Client’s premises.

WHEREAS, the Contractor has the necessary expertise, experience, and resources to provide
the required construction maintenance services;

NOW, THEREFORE, in consideration of the mutual promises and agreements herein

contained, the parties agree as follows:
3. Definitions

For the purpose of this Agreement, the following terms shall have the meanings set forth below:

 "Agreement": Refers to this Service Contract and all schedules or annexes attached
hereto.
 "Services": Refers to the construction maintenance services provided by the Contractor,
including periodic inspections, repairs, and necessary infrastructure upgrades to
ensure the continued operation and safety of the Client’s premises, as detailed in
Schedule A of this Agreement.
 "Contract Price": The total amount payable to the Contractor for the performance of the
Services as outlined in this Agreement.
 "Retention": The percentage of the total payment withheld until final completion and
acceptance of the Services.

4. Scope of Services

The Contractor shall provide construction maintenance services as detailed in Schedule A. These
services shall include periodic inspections, repairs, and necessary infrastructure upgrades as
required by the Client.

5. Dates

 Effective Date: this will be a signing date.

 Commencement Date: The services under this Agreement will commence after payment
of advance payment of 3% of value of this contract November 2024.
 Duration: This Agreement shall remain in effect for two (2) years from the
Commencement Date unless earlier terminated as per the terms of this Agreement.

6. Contract Price and Payment Modalities

The total contract price for the services shall be USD200,000, payable in Rwandan Francs
(RWF), according to current National Bank of Rwanda Middle Exchange rate. The price of USD
200,000 is exclusive of taxes, customer will be paid directly to its account N 0:21125809251070
opened in Guaranty Trust Bank (Rwanda) Plc Payments will be made according to the following
schedule 3% advance payment (USD 6,000) upon signing this Agreement.

 50% payment (USD 100,000) upon completion of 50% of the services, verified by the
Client.
 50% payment (USD 100,000) upon final completion and formal acceptance of the
services.
All payments shall be made by bank transfer to the Contractor’s designated account
within thirty (30) days from the invoice date.

7. Retention Clause

The Client shall retain 10% of each payment made under this Agreement. The retention amount
will be released to the Contractor six (6) months after final completion, provided no defects have
been identified during this period.

8. Representations & Warranties

8.1 Contractor's Representations and Warranties:

The Contractor represents and warrants that:

 It has the necessary qualifications, expertise, and resources to perform the services
required under this Agreement.
 The services will be performed in accordance with industry standards and applicable
laws.

8.2 Client's Representations and Warranties:

The Client represents and warrants that:

 It has the authority to engage the Contractor for the specified services.
 All relevant permits and approvals required for the Contractor to perform the services
will be obtained and provided by the Client.
9. Limitation of Liability

The Contractor's liability for any claims arising out of or related to this Agreement shall be
limited to the total contract price. The Contractor shall not be liable for any indirect, incidental,
or consequential damages, including but not limited to loss of profit, business interruptions, or
reputational damage.

10. Indemnification

The Contractor agrees to indemnify and hold harmless the Client from any claims, damages, or
liabilities arising from the Contractor’s negligent acts or omissions in the performance of this
Agreement. This indemnification does not apply where the damages are caused by the Client’s
own negligence.

11. Novation Clause

This Agreement may be transferred to another party by mutual written consent. The obligations
and rights under this Agreement may be novated to a third party without invalidating the original
contract, provided that both parties agree in writing.

12. Assignment of Work

The Contractor may assign specific portions of the work under this Agreement to Kigali Strong
Construction Ltd, subject to prior approval by the Client. The Contractor remains responsible
for the quality and completion of the services.

13. Termination Clause

Either party may terminate this Agreement by providing thirty (30) days' written notice. In the
event of a material breach, the non-breaching party may terminate the Agreement immediately
by written notice. Upon termination, the Contractor will be entitled to payment for services
performed up to the termination date, less any retention amounts withheld.
14. Dispute Resolution Clause

Any disputes, controversies, or claims arising out of or in connection with this Agreement,
including any question regarding its existence, validity, or termination and breach shall be
resolved through arbitration in accordance with the arbitration rules of the Kigali International
Arbitration Centre (KIAC).

 The seat of arbitration shall be Kigali, Rwanda.

 The language of the arbitration shall be English.
 The place of arbitration shall be Kigali

Each party shall bear its own costs of arbitration, except as otherwise terminated by the parties.

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Rwanda.
Any disputes arising from or related to this Agreement shall be resolved by arbitration.

16. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the
Agreement shall continue in full force and effect, with the invalid provision replaced by a valid
provision that most closely reflects the original intent of the parties.
Signatures

Mauritius Best Construction Ltd

By: ____________________________
Title: __________________________
Date: ___________________________

The Institute of Legal Practice and Development (ILPD)

By: ____________________________
Title: __________________________
Date: ___________________________