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INVISIBLE CHILDREN UGANDA CONTRACT AGREEMENT

THIS AGREEMENT made on this 22nd day of May , 2008 BETWEEN INVISIBLE CHILDREN UGANDA of P. O. Box 1123, GULU (hereinafter called the Employer) on one part AND UPLAND ENGINEERING COMPANY LTD. of P. 0. BOX 1472 GULU called "the Contractor") on the other part, WHEREAS the Employer is desirous that the Works of SUPPLY AND INSTALLATION OF DROP HOLE COVERS AT SACRED HEART SCHOOL to be executed under Contract No _IC/SHS/09/01A&B_ in accordance with the Drawings, Specifications, Bills of Quantities and the Conditions of Contract, and the Contractor is willing to perform th`is work at the Tendered rates. NOW THEREFORE THE PARTIES hereby agree as follows:
1. Services

(hereinafter

The Contractor shall perform the services specified in the Drawing and his offer letter. The Contractor at the discretion of the Client may in addition also perform other additional services if agreed upon in writing.

2. Terms

The Contractor shall perform the services within a period of 7 Working Days or any other period as may be subsequently agreed by the parties in writing.

3. Payment

A.

Ceiling For Works rendered pursuant to the rates in the offer letter, the Client shall pay the Constructor a fix sum of Ushs. 1,080,000/= (Uganda Shillings One Million eighty Thousand Only. VAT inclusive) this amount being for eight (8) latrine Stances at the rate of Ushs135,000 per stance and also has been established based on the understanding that it includes all of the Contractors operations costs and profits.

B.

Schedule of Payments The schedule of payments is specified below 100% upon the Contractors completion of the project.

C.

Payment Conditions Payment shall be made in Uganda Shillings, no later than 7 days following submission by the Contactor of invoice(s) to the Client.

4. Project

Coordinator The Client designates Programe Manager as Clients Coordinator; the Coordinator will be responsible for the coordination of activities under this Contract, for acceptance and approval of the proposals and of other deliverables by the Client and for receiving and approving invoices for the payment.

Administration

5. Performance

The Contractor undertakes to perform the Services with the highest standards of professional and ethical competence and integrity. The Contractor shall promptly replace any employees assigned under this Contract that the Client considers unsatisfactory.

Standards

6. Materials

To the extent that the Contractor has undertaken to supply the material, he/she is liable to the client for the quality and is bound by a warranty in the same manner as a seller. If, during the carrying out of the work, defects become evident in the material supplied by the client or with regard to the designated site, or other conditions develop which endanger a due and timely carrying out of the works, the Contractor shall without delay notify the client thereof, otherwise he will be responsible for any adverse consequences.

7. Assignment

The Contractor shall not assign this contract or subcontract any portion of it without the Clients prior written consent.

8. Law Governing

The Contract shall be governed by the laws of the Republic Of Uganda and the language of the contract shall be English. Any dispute arising out of the Contract, which cannot be amicably settled between the parties, shall be referred to adjudication/arbitration in accordance 2

Contract and Language


9. Dispute

Resolution

with the laws of the clients country.


10. Time Control

Penalty rate for delay of practical completion date shall be 0.05% of Contract sum per day beyond the agreed completion date for the maximum of 10% of Total Contract Sum. The Client reserves the right to end the Contract after the expiry of the completion date and deduct the penalty due to the delay and that amount commensurate with work not completed

IN WITNESS whereof the parties have hereto set their signature on the day and year first above written Signed for and on behalf of THE CLIENT .. (name) . (signature and date) THE COUNTRY DIRECTOR INVISIBLE CHILDREN UGANDA

In the presence of: .. (name) . (signature and date) THE PROGRAMME MANAGER S4S PROGRAMME, INVISIBLE CHILDREN UGANDA Signed for and on behalf of THE CONTRACTOR .. (name and

signature) .. (title) . (address) In the presence of: .. (name) . (address)

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