Catering Agreement

CATERING AGREEMENT

This Catering Agreement (the "Agreement") is made on this ________ at Andaman and Nicobar Islands ("Effective Date")

BY AND BETWEEN

________, Govt. ID: ________, resident of ________ (hereinafter referred to as the "Caterer" which expression shall unless excluded by or repugnant to the subject or context be deemed to include its legal heirs, administrators and permitted assigns) of the ONE PART

AND

________, Govt. ID: ________, resident of ________ (hereinafter referred to as the "Client" which expression shall unless excluded by or repugnant to the subject or context be deemed to include its legal heirs, administrators and permitted assigns) of the OTHER PART

(The Caterer and the Client shall hereinafter individually referred to as "Party" and collectively as "Parties")

RECITALS

WHEREAS The Caterer is in the business of providing Catering Services ("Catering Services") and has the manpower with skills, qualifications and expertise required to perform the Catering Services.

WHEREAS The Client desires to engage the Caterer to provide the Catering Services and the Caterer has agreed to do the same.

NOW THEREOF Pursuant to the above, the Parties seek to enter into this Agreement to confirm and record the terms and conditions on which the Caterer shall provide the Catering Services to the Client and other Agreements in connection therewith.

1. DEFINITIONS

(a) "Applicable Law" shall include all applicable (i) statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, bye-laws, regulations, listing Agreements, notifications, guidelines or policies of any jurisdiction; and (ii) judicial quasi-judicial and/or administrative decisions, interpretations, directions, directives, licenses, permits, judgments, writs, injunctions, arbitral awards, decrees, orders, terms and conditions of governmental or regulatory approvals or Agreements with any governmental or regulatory authority;

(b) "Approvals" shall mean sanctions, permissions, consents, validations, confirmations, licenses, and other authorizations obtained and/or required to be obtained from any Government Body;

(c) "Government Body" means any government authority, statutory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation-making entity having or purporting to have jurisdiction on behalf of India or any state or other subdivision thereof or any municipality, district, or other subdivision thereof;

(d) "GST" means Goods and Catering Services tax under the Goods and Catering Services Tax Act, 2017;

(e) "Catering Services" mean the Catering Services provided to the Client as described under this Agreement and all other incidental or ancillary thereto. The detailed service details will be listed in Annexure-A hereto;

(f) "Term" means the period the Caterer shall provide Catering Services in terms of this Agreement which shall be the period as specified in Clause on (Term) of this Agreement.

2. INTERPRETATION

(a) Unless the context otherwise requires, in this Agreement:

(I) words using the singular or plural number also include the plural or singular number, respectively;

(II) words denoting any gender shall include all genders;

(III) the words "written" and "in writing" include any means of visible reproduction;

(IV) the terms "hereof", "herein", "hereto" and similar words refer to this entire Agreement and not any particular Clause, or any other subdivision of this Agreement;

(V) the words "include" or "including" shall be deemed to be followed by "without limitation" or "but not limited to" whether or not they are followed by such phrases or words of like import;

(VI) references to any "person" include any natural person, corporation, judicial entity, association, statutory body, partnership, limited liability Company, joint venture, trust, estate, unincorporated organisation or government, state or any political subdivision, instrumentality, agency, or authority; and

(VII) references to "Clause" or any other Agreement or document in this Agreement shall be construed as references to the Clauses of this Agreement, or such other Agreement or document, as may be amended, modified or supplemented from time to time, and shall include a reference to any document which amends, modifies or supplements it, or is entered into, made or given pursuant to or in accordance with its terms.

3. PURPOSE

(a) The Catering Service under this Agreement is for the following event: ________.

(b) The Caterer shall be providing Catering Services as per the details under this Agreement, or any other location as required by the Client to be read with the special conditions of the contract, assignment instructions and schedule requirements.

(c) The Caterer shall provide Catering Services with all due diligence, efficiency, and economy, in accordance with the generally accepted professional standards and practices and shall observe management practices and employ appropriate technology and safe and effective equipment, machinery, materials and methods.

(d) The timely and effective performance of the contractual obligation shall be considered the essence of the contract.

4. LOCATION

(a) The Caterer shall provide Service at the following locations ("Work Location"):

________

(b) The Work Location may be changed with the mutual consent of both Parties in writing.

5. TERM

(a) The Caterer will provide a one-time service on the following date: ________.

(b) The event will start at ________ and end at ________.

(c) The Caterer will be provided ________ (________) hours before the event starts and ________ (________) hours after the event get over to use the event premises.

6. NATURE OF SERVICE

(a) The Caterer shall provide the Catering Service including the following with no additional cost:

(I) Purchasing the required products and materials.

(II) Preparing food items as per the menu.

(III) Storing the food items and prepared foods.

(IV) Transportation of the food to the venue of the event.

(V) Presenting the food in a proper manner as agreed.

(VI) Serving and catering the food as agreed.

(VII) Cleaning the event location once the event is over.

(VIII) Apart from the above, the Caterer shall provide the following services:

________

(b) All Catering duties shall be performed without disturbing or unduly inconveniencing the Client, guests, or other individuals attending the event.

7. MENU

(a) The menu for the event is as follows:

________

(b) Any changes to the menu shall be communicated to the Caterer ________ (________) business days prior to the date of the event.

8. MANPOWER

(a) The Caterer shall employ the required personnel to carry out all the Catering Services in accordance with this Agreement.

(b) The personnel shall comply with the Client's rules and regulations pertaining to security and access to the premises and facilities where the event is organized.

(c) The Caterer shall provide at all times the minimum manpower as specified under this Agreement, or any annexures executed under this Agreement.

(d) The Caterer must have a proper mechanism for verification of candidates for verification of candidates' character and antecedents, management and placement of the skilled manpower including background verification, educational checks, and past employment, of the personnel deputed. The personnel engaged by the Caterer should not have any adverse police records/criminal cases against them.

(e) Upon request, the Caterer shall submit the background verification certificates and records to the Client.

(f) The Catering personnel are required to wear uniforms while on duty. Uniforms must always be clean and ironed and worn in a presentable fashion.

9 EQUIPMENT AND MATERIALS

(a) The Caterer shall procure and use its own equipment and materials necessary for the performance of this Agreement.

10. PAYMENT

(a) All payments shall be made in Indian currency (INR).

(b) The Tax Deduction at Source (TDS) shall be deducted as per the provisions of the Income Tax Act, as amended from time to time and a certificate to this effect shall be provided to the Caterer by the Client.

(c) The Client will pay Rs.________ (________) per hour.

(d) The Caterer will be entitled to charge the Client for any additional working hours of service.

(e)The total amount of invoice will be paid at the time of entering into this Agreement.

(f) The Service fees or compensation to be paid by the Client to the Caterer include all taxes including GST, which may be levied or imposed under the Applicable Laws against payments or transactions under this Agreement.

(g) During the term of this Agreement, the Client is not liable to reimburse any out-of-pocket expenditures to the Caterer.

(h) The payments under this Agreement shall be made using the following method: Internet Banking.

11. CATERER WARRANTIES

(a) The Caterer represents and warrants to the Client on the execution date and during the term of this Agreement that:

(I) it has full capacity and authority to enter into and to perform this Agreement;

(II) it has a valid Food Safety and Standards Authority of India ('FSSAI') license;

(III) the foods used to prepare and deliver meals provided under this Agreement are obtained from approved food sources;

(IV) food items are not assembled more than 24 hours prior to the delivery;

(V) prepare and serve food according to the FSSAI rules.

(VI) it has all the rights, titles, permissions, and licenses to perform the Catering Services under this Agreement and that such performance shall not violate any other Agreement;

(VII) once executed, this Agreement shall constitute legal, valid, and binding obligations;

(VIII) there are no actions, suits or proceedings or regulatory investigations pending, or to its knowledge, threatened against that might adversely affect its ability to meet and carry out its obligations under this Agreement.

12. 8885 82 8888585

(________) 552 8522525 525 828 225822228 85588 555252 22 252 228828822 55828:

(________) 552 588528 225282 5528825 525 88288522 52 252 825228582;

(________) 552 25282558 525 555882 22 2825228 822252 252 82552 22 25285 5522 2822;

(________) 2252252 552828 8825 5222822 525 882825822;

(________) 5255 525 5252582525 25285 2282 525 8822 828255828228 525 228828 252 8522;

(________) 252225 5282282 22 588 252828;

(________) 85588 222 2222 25 582 522 55528, 5882528 25 522 8585 82228 85882 22 5522;

(________) 8888 82225852282 522252 522 52228555 82885222/2888225582 22 252 888222;

(________) 52 222 222252582 225822228 88882258.

(________) 85588 222 82222 82 252 8252822 25228828; 525

(________) 85588 222 288582 522 2522252828/2588882828 22 252 28222 82852822.

13. SUBCONTRACTING

The Caterer shall not subcontract this Agreement or any obligations under this Agreement to any third Party.

14. INSPECTION

The Client reserves the right to inspect the results of the Catering Services for determining to ensure the quality and compliance with the terms of this Agreement. This right includes the right to inspect, stop the Service, make recommendations as to the details of the Service, and prescribe alterations or deviations in the Service.

15. INDEMNIFICATION

The Caterer hereby agrees to indemnify and hold the Client harmless from all damages, costs, attorney's fees or other losses arising out of or relating to:

(a) breach of this Catering Agreement by the Caterer;

(b) breach of any representation or warranty by the Caterer.

16. INDEPENDENT PARTIES

Nothing contained or implied in this letter creates a joint venture or partnership between the Parties or makes one Party the agent or legal representative of the other Party for any purpose.

17. REMEDIES

(a) In addition to any and all other rights, a Party may have available under the law, if a Party defaults by failing to substantially perform any provision, term, or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other Party may terminate the Agreement by providing written notice to the defaulting Party.

Such notice shall describe with sufficient detail the nature of the default.

(b) The Party receiving such notice shall have 7 (seven) calendar days from the effective date of such notice to cure the default(s). Unless waived by a Party providing notice. The failure to cure the default(s) within such period shall result in the automatic termination of this Agreement.

18. FORCE MAJEURE

(a) If and to the extent that a Party's performance of any of its obligations under this Agreement, is hindered or delayed by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, pandemic, rebellions or revolutions, or any other similar cause beyond the reasonable control of such Party (each, a "Force Majeure Event"), and such non-performance, hindrance or delay could not have been prevented by reasonable precautions, then the non-performing, hindered or delayed Party will be excused for such non-performance, hindrance or delay, as applicable, of those obligations effected by the Force Majeure Event for as long as such Force Majeure Event continues and such Party continues to use its best efforts to recommence performance whenever and to whatever extent possible without delay, including through the use of alternate sources, workaround plans or other means. The Party whose performance is prevented, hindered, or delayed by a Force Majeure Event will immediately notify the other Parties of the occurrence of the Force Majeure Event and describe in reasonable detail the nature of the Force Majeure Event.

19. SEVERABILITY

If any provision of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Any invalid or unenforceable provision of this Agreement shall be replaced with a provision that is valid, enforceable, and most nearly give effect to the original intent of the invalid/unenforceable provision.

20. AMENDMENTS

Any change, alteration, amendment, or modification to this Agreement must be in writing and signed by authorized representatives of both Parties.

21. DISPUTES

(a) The Parties to the Agreement will attempt to resolve disputes under this Agreement through mutually agreed mediation.

(b) Both the Parties do hereby agree that any dispute arising out of or in relation to this Agreement shall be settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and/ or any statutory modification or re-enactment thereof for the time being in force. The Parties shall mutually appoint the single Arbitrator. Each Party shall pay their own costs and fees of the arbitration and the cost of the arbitrator shall be borne equally. The seat or place of the arbitration shall be as follows: Andaman and Nicobar Islands.

(c) The Agreement shall be governed in accordance with the laws of India and the courts of Andaman and Nicobar Islands will have the exclusive jurisdiction.

22. LEGAL FEES AND COSTS

In the event of any legal action by any Party to enforce any one or more provisions of this Agreement, whether at law or in equity, the prevailing Party shall be entitled to receive from the other Party all enforcement costs including, without limitation, reasonable legal fees and costs whether incurred before, during and after the trial or other litigation including appeal.

23. NOTICES

Except as otherwise specified in this Agreement, all notices, requests, consents, Approvals, Agreements, authorizations, acknowledgements, waivers, and other communications required or permitted under this Agreement shall be in writing and shall be deemed given when sent to the address specified below.

In the case of the Client:

Attention: ________

Address: ________

In the case of the Caterer:

Attention: ________

Address: ________

Either Party may change its address for notification purposes by giving the other Party 10 (ten) calendar days' notice of the new address and the date upon which it will become effective.

24. COUNTERPARTS

This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same instrument.

25. ENTIRE AGREEMENT

This Agreement constitutes the entire Agreement and understanding of the Parties with respect to the subject matter hereof and supersedes any and all prior negotiations, correspondence, Agreements, understandings duties or obligations between the Parties with respect to the subject matter hereof.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on ________.

FOR Caterer

________

Date:

Signature:

FOR CLIENT

________

Date:

Signature:

WITNESS-1

Name:

Govt. ID name and number:

Signature:

WITNESS-2

Name:

Govt. ID name and number:

Signature:

ANNEXURE-A

(Details of Service)