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AGREEMENT FOR VEHICLE HIRE

This agreement is made on this ____________ day of 2008 between M/S _____________________________________________ (herein after called the Service Provider whose term includes its successors and assignees whose registered office is at _____________________________________________________________ and is registered under______________________________________________ and acting through its authori!ed official Sh"_________________________________________________ AND #harat Sanchar $igam %td" ( herein after called the #S$% whose term includes its successors and assignees whose registered office is situated at #harat Sanchar #hawan& 'an(ath& $ew )elhi* ++000+ and acting through its authori!ed official Sh"_____________________& at ,ircle/ T)M -ffice at ___________________________" The Service Provider will (rovide ,ommercial vehicles on hire basis for #harat Sanchar $igam %td for official use on the terms and conditions herein contained& and rates as mentioned schedule in a((endi.*/" The 0Service Provider1 has de(osited 2s"__________ (2u(ees_____________________________________________ as interest free Performance Security" $ow these (resent witnesses and it is hereby agreed and declared by and between the (arties to these (resent as followings" +" The Service Provider shall during the (eriod of this contract& that is to say from__________ to ___________ or until this contract is determined by such notice as herein after mentioned& will (rovide commercial vehicles not older than three year model& on the rates acce(ted as described in schedule vide a((endi.*/ to this agreement" #S$% shall reimburse that amount of service ta.& if any& (aid by the Service Provider to the authorities on account of the services rendered by him to #S$%" This reimbursement shall be admissible on (roduction of (roof of de(osit of the same by the Service Provider" /t is agreed by the Service Provider that number of vehicles re3uired is li4ely to change and may be demanded according to the e.igencies of service by #S$%" 2" The Service Provider shall com(ly with all the terms and conditions of #id documents contained which are (art and (arcel of this agreement and forms integral (art of this agreement and also the following" 5" The authorities of #S$% indicated in a((endi.*// shall (lace an order for their re3uirement on the official 6ire order form a((endi.*/// ( herein after called 6ire order and will receive ac4nowledgement from the Service Provider for su((ly of vehicles" /t is antici(ated that the Service Provider will su((ly vehicles to these authorities on regular basis until such time the contract is valid and the (arties in agreement are satisfied with the (erformance of the contract" 7" The Service Provider agrees with the #S$% and with each authority com(etent to order that every contract of hire order should be sub8ect to the terms of this 9greement for vehicle 6ire and in the event of a conflict between these terms and the terms in hire order& the terms of this 9greement for vehicle 6ire shall (revail"

:" Service Provider will (rovide vehicles to #S$% not older than three years and registered for the commercial (ur(ose only and ta.es; insurance etc" due on such vehicles shall be the liability of the Service Provider" <" The Service Provider should (rovide the (articular ma4e = model of vehicle as agreed u(on in the contract" The #S$% only reserves the right to substitute it with another similar vehicle" /f for any reason whatsoever the #S$% is not ha((y with the condition of the vehicle (rovided& the Service Provider>s nearest office will be informed immediately and they should acce(t any liability to re(lace it as (er re3uirement" /f for any reason the Service Provider is not in a (osition to (rovide a substitute vehicle as demanded by the #S$% then the #S$% will be free to engage a vehicle from the o(en mar4et and debit the e.(enditure on account of it on the claims (ayable to the Service Provider ?" Service Provider will submit bills in accordance with Section*/@& ,lause (+7 of the #id document to the _______________ Section of _________________& of #S$% on monthly basis for release of (ayment by #S$%" 8" The driver of the vehicle shall always hold a valid Photo /dentity ,ard issued by the #S$% -ffice or any other local ,entral / State govt" office com(etent to issue such cards as (er Section* ///& clause 8(ii and also carry duty sli(s (rinted by the Service Provider as (er the Aormat (rescribed by #S$%& where the date& time& BMs reading& (ur(ose and (laces visited are to be filled in and signed by the Csers / #S$% officials" -n the basis of these duty sli(s& the bills shall be raised to #S$% by the Service Provider" ,ounting of distance will be from the starting (oint of the user and closing at the (oint wherever user com(letes his / her travel" The distance covered in each way between user delivery address and the garage/ normal (ar4ing (lace will be allowed on actual basis or : BMs whichever is less" D" /f the Service Provider fails to (rovide the vehicle to #S$% and if the service is not found satisfactory enough& the #S$% shall have the right to terminate the contract in whole or (art as (er clause (+8 of Section /@ of #id )ocument" +0" /n the event of any mechanical failure/brea4down of vehicle after it>s re(orting for duty& the Service Provider shall arrange for re(lacement by another ,ommercial @ehicle" $on*com(liance may attract (enalty as (er ,lause (++ of Section /// of #id )ocument" ++" The following (enalties will accrue to the Service Provider in addition to the deduction on hire charges on (ro*rata basis in the Plan*+" The (enalty amount shall be deducted from the running bills besides any other action which may even lead to termination of contractE* ++"+ ++"2 ++"5 $on*availability or refusal of vehicles as re3uisitioned by #S$% for whatsoever reason under this contract shall invite (enalty of 2s":00 (er occasion" The (enalty for absence during e.tra 6ours" 2s"+00 (er occassion and for Tem(orary absence during duty hours without valid (ermission shall be 2s"?: (er hour of absence" /f the non*availability or refusal of suitable vehicles e.ceeds three occassions in any (articular month& an additional (enalty of 2s"500 (er occassion shall be charged for the entire refusals"

+2" /n case of any accident resulting in loss or damage to (ro(erty of life& the sole res(onsibility for any legal or financial im(lication would vest with the Service Provider" #S$% shall have no liability whatsoever"

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+5" The #id )ocument $o" #S$%/ / / 2008 )ated ________ 2008& schedules anne.ure/a((endi. which we anne.ed to this agreement& as schedule 0#>> = ____ res(ectively shall form (art and (arcel of this 9greement and integral (art of this agreement" +7" That Service Provider is/ shall be liable for any legal dis(ute/cases/claims that have arisen or may arise during the currency of the agreement in res(ect of vehicles (rovided by Service Provider" #S$% shall not be liable for any loss& damages& etc suffered/ to be suffered by Service Provider or third (arty as the case may be" +:" /f for any reason the #S$% is dissatisfied in any way with the standard of the vehicle or felt deficiency in service during the hire (eriod& it will be re(orted to the Service Provider in writing" The Service Provider without raising any dis(ute on such assessment by the #S$% regarding the standard of the vehicle (rovided or 3uality of service rendered by them may immediately re(lace it with another commercial vehicle on recei(t of such com(laint" +<" The Service Provider shall also be liable for all fines& (enalties& and the li4e of (ar4ing& traffic and other criminal offences arising out of or concerning the use of the vehicle during the hire (eriod and any toll ,harges or entry Ta.es (ayable locally and the Service Provider accordingly indemnifies the #S$% against all such liability" +?" The Service Provider shall not act as a bro4er for other hire com(anies or any individual or transfer or assign or sub*let any (art of the service once agreed or any share of interest in any manner or degree& directly or indirectly& to any third (arty whatsoever and the contract will be valid only if the com(any signing the contract su((lies the vehicles themselves from their own or leased fleet" +8" The Service Provider will also ensure that they will not su((ly the vehicles to #S$% which are either owned by em(loyees of #S$% either directly recruited or on de(utation to #S$% or their near relatives as defined in Sch*/9 of ,om(any 9ct +D:< and clause (D"i of Section*/// of the #id documents enclosed as schedule 0#1 to this agreement" 9 certificate to this effect is anne.ed to this agreement as 9((endi.*/@" +D" The Service Provider will not be tam(ering the meter reading& vehicle usage timings& overwriting of Summary / log sheet and allow misbehaviour of driver while on duty" Such incidents shall be viewed seriously& leading to cancellation of contract" 20" Service Provider shall not engage any (erson below +8 years of age"

2+" 2ates charged by the Service Provider for the services given under this contract shall not be higher than the rates 3uoted by the Service Provider in his bid and will be regulated by clauses (2+ = 22 of Section*/@ of #id )ocument" The revision of rates may be allowed on account of increase or decrease in (rice of Petrol/)iesel/,$F and these variations shall be wor4ed out from the base rate as (er formula indicated in ,lause (22"+ of Section*/@ of #id )ocument" 22" The BMs not used during a (articular month in Plan*+ (monthly BMs slab shall be carried over to the subse3uent two months and e.tra BMs if any travelled during these two months will be ad8usted against these unused BMs" 25" /n the event of any 3uestion& dis(ute or difference arising under the agreement or in connection there with (e.ce(t as to the matters& the decision to which is s(ecifically (rovided under this agreement & the same shall be referred to sole arbitration of G______of #harat Sanchar $igam limited (#S$% of the res(ective ,ircles/)istrict or any other (erson a((ointed by him" /n 5 of ++

case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted whether in addition to the function of the G________ or by whatever designation such officers may be called (hereinafter referred to as the said officer " /n the event of such 9rbitrator to whom the matter is originally referred to vacates his office on resignation or other wise or refuses to do wor4 or neglecting his wor4 or being unable to act as 9rbitrator for any reasons whatsoever& the G________ of #S$% shall a((oint another (erson to act as 9rbitrator in the (lace of outgoing 9rbitrator and the (erson so a((ointed shall be entitled to (roceed further with the reference from the stage at which it was left by the (redecessor and that the award of the arbitrator shall be final and binding on both the (arties" Service Provider will have no ob8ection in any such a((ointment that arbitrator so a((ointed is an em(loyee of #S$% or a Fovernment Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a #S$% em(loyee he has e.(ressed his views on all or any of the matters in dis(ute" The ad8udication of such 9rbitrator shall be governed by the (rovisions of the 9rbitration and ,onciliation 9ct +DD<& or any statutory modification or re*enactment three of or any rules made thereof" The venue of 9rbitration (roceeding shall be -ffice of G _________ of #S$% at ________________ or such other (lace as the arbitrator may decide" ($"# E At the places marked * in the above clauses, The Chief General Manager (CGM) !rincipal General Manager (!GM) Telecom "istrict Manager (T"M), as the case ma# be incorporated" 27" /f the Service Provider institutes any legal (roceedings against the #S$% to enforce any of its rights under this agreement it shall be in the legal 8urisdiction of #S$% where the vehicle has been hired and not the (lace where the Service Provider has his registered office" 2:" The Service Provider is / shall be res(onsible for com(liance of all the laws / rules/ regulations and Fovernment instructions that are/ will be a((licable to and aimed to (rotect the interest of the em(loyees/ wor4ers engaged by it and shall ensure (ayment of all the statutory dues/ liabilities as may have arisen during the (ast Hor> may arise during the course of (erformance of this contract" 2<" $otwithstanding any thing contained in the #id )ocument& the successful bidder shall have to furnish an une3uivocal and un3ualified underta4ing / declaration to indemnify #S$% in the (roforma anne.ed as 9((endi. I@ dully attested by a Magistrate / J.ecutive Magistrate" 2?" 9ny notice& re3uest of statement hereunder shall be in writing and deemed to be sufficiently given or rendered when sent by 2egistered mail or fa. to a (arty>s registered office with a co(y sent to the attention ofE _______________________________ ($ame of Service Provider 9ddress E ___________________________________________________ Tel E_____________ And _______________________________ $ame of the CGM !GM GM T"M #harat Sanchar $igam %imited Aa. E _________________J*mail E ___________

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9ddress E ___________________________________________________ Tel E_____________ Aa. E _________________J*mail E ___________

Aurther& the said notice shall be deemed to have been validly given on (i business date and time immediately after the date of transmission with confirmed answer bac4& if sent by facsimile transmission (rovided such transmission is immediately followed by a 2egd" mail or (ii five days from the date of des(atch& if transmitted by internationally recogni!ed courier or registered air mail" Signed ______________________ Aor and on behalf of the #S$% $ame (ca(s ____________________ Position _______________________ )ate _____________________ /n the (resence of Kitnesses +" 2" Signed ______________________ Aor and on behalf of the Service Provider $ame(ca(s _______________ Position ___________________ )ate _____________________ /n the (resence of Kitnesses +" 2"

Appendix- I
SCHEDULE OF REQUIREMENTS AND HIRE CHARGES

PLAN-1 (Scheduled W !"#$% M n&hl' (M H)!e Sl*+%


H)!e Ch*!,e# -e! .eh)cle ( R#$

Un)& (-e! / n&h$ Sl*+ R*&e


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Sl*+ N

M n&hl' (M H)!e #l*+

N n A)!c nd)&) ned D)e#el A/+*##*d ! 0 Ind)c* c*!#

A)!-C nd)&) ned A/+*##*d ! G!*nd 0E#&ee/0 Ind), c*!#

T*&* Su/ 1 Qu*l)# 2 Te/T!*.ele!

M*!u&) OMNI VAN

Se!.)ce T*3 4 ,e

A + 2 5 +:00 BM 2000 BM 2:00 BM

PLAN-6 (N n-Scheduled W !"#$% D*)l' T)/e-(M H)!e Sl*+%


H)!e Ch*!,e# -e! .eh)cle ( R#$

Un)& (-e! d*'$ Sl*+ R*&e


Sl*+ N T)/e- (M H)!e #l*+ N n A)!c nd)&) ned D)e#el A/+*##*d ! 0 Ind)c* c*!# A)!C nd)&) ned A/+*##*d ! G!*nd 0 E#&ee/ 0 Ind), c*!# T*&* Su/ 1 Qu*l)# 2 Te/T!*.ele! M*!u&) OMNI VAN Se!.)ce T*3 4 ,e

A + 2 5 7 6rs"""70 Bms 8 6rs"""80 Bms +0 6rs""+00 Bm

A-2 #-T6 P%9$*+ = P%9$*2E* a Aor e.tra BM (2s"/BM LLLLL 9_______; #________ ; ,_________ ; )________ b )etention charges beyond duty (2s"/6r" "" ______________ c $ight halt charges (2s"/6alt LLLLL"" ____________

Appendix- II

M9 Fovernment of /ndia Jnter(riseN


(Part of 9greement for vehicle hire

57S7N7L7

(9((roved by 6ead of ,ircle/)istrict/SS9$ < of ++

The L)#& 8 *u&h !)&)e#

Pe!) d 8 c n&!*c& %- F! /999999999999999

T 99999999999999999

N*/e
Sl7N N*/e 8 Un)&

8 SSA 99999999999999999999 N*/e


Add!e## N 8 Veh)cle# All &&ed 8 ! H)!e

8 C)!cle 999999999999999999999
M*"e M del Eu! -I0II M n&hl' C n&!*c&ed (M#

M n&hl' H)!e Ch*!,e# Pe! .eh)cle

Signed __________________________
( on behalf of #S$%

$ame (ca(s ______________________ Position _________________________ )ate ______________

M9 Fovernment of /ndia Jnter(riseN

57S7N7L7

Appendix-III

H)!e O!de!
( only by s(ecified authority

This document is sub8ect to the terms of the 9greement for vehicle hire" 9greement dated ______________________ between _____________________________( the Service Provider and __________________________________________________ & the 9uthority (the #S$% O!de! de&*)l# ? of ++

#S$%>s order number ___________________ Service Provider>s reference__________________ $ame of 6iring unit ______________________________ _________________ $ame of SS9 _________________________ )esignation of authority hiring ____________________________ )elivery address ______________________________________________________________ ____________________________________________________________________________ Veh)cle de&*)l# Ma4e _____________________ Model ( year of manufacture _____________________ Auel used________________ 6orse Power ( cc _____________Juro / / // _________ 9ny other details ________________________________________________________ H)!e de&*)l# @ehicle delivery date ____________________ Period of hire (months __________________ Monthly hire charge 2s" _____________________ ,ontracted monthly mileage __________________Bms

Signed __________________________
( on behalf of #S$%

$ame (ca(s ______________________ Position _________________________ )ate__________________

Appendix-IV

(,ertificate on $on*Partici(ation of near 2elatives in the tender called for hiring %ight ,ommercial vehicles on %ong Term use in ________________ SS9/Cnit& vide $oE #S$%/ / / 2002& )t"_____________ as re3uired under Section*/@ & clause (8 of #id* )ocuments

CERTIFICATE

/ _________________________& S/- ______________________________ &

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R/O _______________________________________________ hereby certify that none of my relative(s) as defined in Section-IV, item(7) of Bid doc ment is/ are em!loyed in BS"# nit as !er details $iven in Bid doc ment% In case at any sta$e, it is fo nd that the information $iven by me is false/incorrect, BS"# shall have the absol te ri$ht to ta&e any action as deemed fit/ 'itho t any !rior intimation to me (%

Signed ______________________ Aor and on behalf of the Service Provider $ame(ca(s _______________ Position ___________________ )ate _____________________

Appendix-V
UNDERTAKING

*his deed of

nderta&in$ e+ec ted on this______

day of

------------ *'o

tho sand and ------------------ by ("ame of sole !ro!rietor/ !artner/ )irector / a thorised re!resentative, the ,irm, -om!any, *r st, Society etc%)--------------------------------------------S/O ------------------------------------residin$ at-----------------------------------------------on behalf of said ./s ------------------------------------------------------------- ("ame of the ,irm, -om!any, *r st, Society, etc%) havin$ its office at------------------------------------------------------------------and d ly a thorised to si$n, file and verify !resent nderta&in$ by the said ------------------------------("ame of the ,irm, -om!any, *r st, Society, etc%) in favo r of Bharat Sanchar "i$am #imited, a /overnment of India 0nderta&in$ havin$ its Re$istered Office at Statesman 1o se, B-234, Bara&hamba Road, "e' )elhi and local office at

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---------------------------------------- hereinafter called BS"#)('hich terms shall mean and incl de its s ccessors, administrators, heirs and assi$ns% 5hereas ./S BS"# invited bids for ---------------------------% I/5e !artici!ated in the biddin$ !rocess and emer$ed as s ccessf l bidder 'ith res!ect to *ender "o%-------------------------------------------------------% I/ 5e ------------------------------------------------ac&no'led$e that I/5e -------------------------------------------------------have f lly ne7 ivocally and nconditionally nderta&e and declare that 8 (2) I/ 5e -----------------------------------shall com!ly 'ith all the R les/ Re$ lations/ #a's/ /overnment instr ctions/ stat s etc% that are a!!licable/ 'ill be made a!!licable and or are aimed to !rotect the interest of the 'or&ers/ em!loyees en$a$ed by me / contract 'ith BS"#% (ii) I/5e shall f lly !rotect, indemnify and hold harmless BS"# and its em!loyees, officers, )irectors, a$ents or re!resentatives from and a$ainst any and all liabilities, losses, actions, 9 d$ments, dama$es, fines, !enalties and costs (incl din$ le$al costs and disb rsements ) arisin$ from or relatin$ to8 s in the !ast and d rin$ the co rse of !erformance of the nderstood and are a'are of the terms 6 conditions of the *ender/ -ontract and do hereby

:ny breach/ violation of any direction, order from any $overnmental a thority any !rovisions of the labo r la's or any other la's, stat te or re$ lation that are ;or< 'ill be aimed to !rotect the interest of the 'or&ers/ laborers en$a$ed by the Service =rovider in !ast and d rin$ the co rse of this contact OR

:ny other !ayments, claims ;or< liability that may arise for ens rin$ com!liance of the !rovisions of any of the labo r la's or any other la's, etc% OR

:ny other claim made by any third !arty in connection 'ith any violation of any of the la's, $ idelines, instr ction, etc% In 'itness 'hereof this nderta&in$ has ca sed on the ------------------------)ay--------------.onth of -------------------------->ear )ate8 =lace8 +0 of ++ %

(Si$nat re8-------------------------) "ame 8-------------------------------)esi$nation8-------------------------WITNESS : 2% ????????????%% @% ?????????????%

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