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This Contract made on the 1st day of December 2003 between EIH Ltd.

, (unit : Oberoi
Towers , Mumbai) a Company registered under the Company’s Act , 1956 and having its
registered office at 4 , Mangoe Lane , Calcutta 700001 and herein after referred to as
hotel
AND “ Mumbai Sea Foods” Volga Stores, Sasoon Dock, Colaba, Mumbai 40 005,
hereinafter referred to as the Supplier of the other part.
WHEREAS
The hotel has called for tender for Fish and the supplier had submitted a tender which
has been accepted subject the conditions of this formal contract.

Both parties agree to reduce the terms of the Contract.

Terms of the Contract

1.The Contract will be for the period 1.12.2003 to 31.5.2004. The Hotel has right not to
renew the contract after the contract period .

2 . The Supplier agrees to supply the items mentioned in the Annexure I to this contract
according to the specifications , rates and quality standards mentioned to the receiving
point of the hotel and in such quantities as may be required by the hotel as conveyed
through the Materials Manager , or any other person acting on his behalf , according to
the terms and condition mentioned in this contract.

3. If for any reason , the supplier commits breach of any of the conditions of this
contract , the Sr. Vice President of the Hotel shall be entitled to terminate his contract
here with and on such termination or otherwise if the hotel incurs any loss in making any
alternative arrangements through any other agency , the same will be recovered from the
pending bills of the Supplier and if the amount of pending bills fall short of the loss
incurred thus aforesaid , or otherwise if the amount cannot be recovered from the pending
bills , the Supplier will be liable to pay such amount and will make good the loss
incurred by him.

4. The Sr. Vice President of the hotel may at any time with or without notice in writing
summarily terminate this contract without compensation to the Supplier, if the Supplier
shall at any time be adjudged bankrupt or a receiver is appointed in respect of his
business and property.

5. This contract cannot be amended or supplemented, except by written agreement


between the parties.

6.The Supplier shall not sublet the contract to any other party without written permission
from the Sr. Vice President of the hotel.

7. When the number of quantities are stated as an estimate of probable requirements


under this contract such estimate is to be regarded as being given for the assistance of the
Supplier on the best evidence available and not as being a figure to which the Hotel
binds itself to adhere to and the actual requirements may be considerably , more or less
that the estimate given.

8. The bills for the supplies made to hotel should be submitted every fortnight along with
the proof of delivery . The bills will then be scrutinized thereafter and if found to be in
order , payment will be made as a rule within 30 days of the receipt of correct and
complete bill.

9. The Supplier shall be responsible for all deliveries at his own expense to the Receiving
point of the Hotel. The deliveries will be accepted on the days and time as mentioned in
the Annexure II of this Contract.

10. If the Supplier fails to deliver supplies as per the requisitioned quantity to the
Receiving point of the hotel or delivers substandard supplies by not adhering to the
quality , specifications , hygiene standards and timings as stated in the contract , the hotel
has the right to reject such supplies and also reserves the right to procure such quantities
from the market and in such cases the difference between the Supplier’s bill and the
market price will be deducted from the Supplier’s pending bill . The hotel will also have
the right to impose an additional penalty of Rs. 500/- for each of the non delivery or
short delivery or rejection as mentioned above and the same will be deducted from the
Supplier’s pending bill.

11.The Supplier shall indemnify , defend and hold harmless the Company , its officers ,
directors , employees , agents , supplirs and representatives , from and against any and all
suits , actions , liabilities , legal proceedings , claims , demands , losses , costs , expenses
of every kind or character that may arise from the Suppliers. ( including the employees
and agents ) gross negligence or willful misconduct in connection with the performance
of this Contract. The employees of the supplires working in the hotel will be abiding to
the rules , regulations and procedures of the hotel and the Supplier will be responsible
for any misconduct or deviations from the stated rules , regulations and procedures by
their employees . The Supplier’s men will use the staff gate and will be liable to be
searched at the gate . If they want to take any thing with them while entering the hotel ,
they should record the same in the register maintained at the gate . The supplier’s men
should be well dressed and have proper identity card issued by appropriate authority
while they are inside the hotel.

12. The Supplier shall furnish warranty that their products confirm to the standards of
the Statutory Health Authorities. The Supplier shall be liable for all statutory
compensation incase they are found to be not conforming to the standards .

13. Incase during inspection by the hotel personnel , it is found that the place of storage
or slaughter or processing of the items supplied to the hotel or the transit conditions is not
up to the stated Hygiene standards , the hotel will have right to impose a penalty to a
maximum of the 100% of the previous months invoiced amount . The term Hygiene
standards complies with standards laid down by the Public Health Authorities as per the
PFA Act or terms laid down by the Animal Husbandry Ministry.

14 . It is agreed between the Supplier and the Company that there will be no variation on
the prices irrespective of the increase or decrease in the market price during the contract
period .

15. Both the parties shall attempt to amicably settle all disputes, controversies or claims
arising out of or in relation to this Agreement by mutual consultation to be presided by
the Sr. Vice President of the Hotel within 30 (thirty) days written notice thereof has been
given by the complaining Party to the other Party. The decision of the Sr. Vice President
shall be binding on the parties . During the pendancy of the dispute , the undisputed
amount of bills shall be released to the Supplier as detailed above.

16 . This Contract can be terminated by either Party by notice given in writing not less
than one full calendar month before the date of expiry.

For and on behalf of For and on behalf of


Hilton Towers & The Oberoi, Mumbai

Authorized Signatory Authorized Signatory of the Supplier

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