DRAFT SUPPLEMENTARY AGREEMENT

This Supplementary Agreement is executed on the _____ day of __________ 20198 at MC

Shimla, Himachal Pradesh.

AMONGST: -

1. Municipal Corporation Shimla through its Authorised Officer, (hereinafter

referred to as the "MC Shimla" which expression shall, unless the context
otherwise requires, include its administrators, successors and assigns) of First
Party;

AND

2. Energy Efficiency Services Limited (A JV under Ministry of Power and Govt. of

India), having its Registered office at 4th Floor Sewa Bhawan, R.K. Puram, Sector-1,
New Delhi-110066 through its duly authorized representative (hereinafter referred to
as “EESL” which expression shall, unless the context otherwise requires,
include its administrators, successors and assigns) of the Second Party.

WHEREAS:-

1. On 21st January, 2016, the parties have entered into an agreement pursuant to
which both parties agreed upon for retrofitting of all existing conventional
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streetlight fixtures by energy efficient LED lights in their jurisdiction. The

details of the lights provided by MC Shimla is given were as below:

20W 40W 250W 250 150W 125W 400W CFL CFL CFL Total
FTL FTL MV MH HPSV HPMV MV 2x36W 2x24W 2x18W

502 3534 482 535 203 995 46 233 789 342 7661
Formatted: Indent: Left: 0", First line: 0
Formatted: Indent: Left: 0.33", First line
But at the time of installation the conventional lights found at site are given 0"
below:
Formatted: Font: 10 pt
40W 85W 96 W 125 W 150W 250W 400W (High Total
Formatted Table
FTL (CFL) (T5) (MV) SV (SV) Mast)
Formatted: Font: 10 pt
3264 453 819 891 395 928 129 6879
Formatted: Font: 12 pt
Formatted: Indent: Left: 0", First line: 0

2. Further, Second Party has supplied the following quantity of LED fixtures as
per original agreement and subsequently installed the same. The detail of
installation of LED street lights is as under:

LED LED LED LED LED

Total
18W 35W 70W 130W 200W

2148 2763 3212 1330 156 9609

3. That Second Party has replaced the entire conventional street lights with
energy efficient LED Street lights within MC Shimla strictly as per the terms
of original agreement dated 21.01.2016 and now the parties wish to further
extend the agreement for additional LED street lights and CCMS on upfront
basis by entering into present Supplementary Agreement on the following
terms and conditions and the remaining terms and conditions of maintenance
of street lights will remain same as were agreed upon between the parties at
the time of entering into the initial agreement date 21.01.2016.

NOW IT IS HEREBY AGREED AS FOLLOWS:

1. Definitions and Construction

1.1 The terms stated and/or defined in the initial Agreement dated
21.01.2016 and the present Supplementary Agreement shall have the
same meanings herein unless the context requires otherwise.

1.2 This supplementary agreement shall have no bearing related to energy

savings.
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2. Amendments to the Agreement

2.1 The Second Party has agreed to supply and install additional Energy
Efficient LED Street Lights on upfront basis i.e. by making advance
payment of fixtures plus Project Management Charges to First Party
and the balance amount will be paid on monthly basis after proper
inspection of the lights/material. The requirement for additional LED
Street Lights and IDC components like arms, brackets, clamps (size
and type), wire, cable etc. will be informed to Second Party by First
Party in every financial year from time to time upto 27.02.2024 which
may vary from year to year. The present Supplementary Agreement
shall remain in force/effect upto 27.02.2024.

2.2 The new LED fixtures will be inspected by First Party in the presence
of Second Party in the godown of First Party. If any fixture found
damaged and not upto specifications during supply, the same will be
replaced immediately by the Second Party at their own cost.

2.3 The complaints of street light should be got resolved by Second Party
within 72 hours of lodging of such complaint failing which penalty @
Rs.50/- Per fixture Per Day shall be imposed by the First Party till the
same is not rectified. The amount of penalty shall be recovered from
the amount to be paid to the Second Party as per clause 2.1 of this
agreement.

2.42.3 The Second Party shall arrange/deploy minimum two vehicles along
with four Technicians all the time for repair & maintenance of LED
street light fixtures. The complaint shall be resolved within 72 hours by
the Second Party.
Formatted: Outline numbered + Level: 1
3. Payment Terms: + Numbering Style: 1, 2, 3, … + Start at:
+ Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
2.53.1 The rates for LED fixtures and other IDC components like Arms,
Brackets, Clamps, Wires/Cables etc will be informed to First Party by
Second Party in every financial year as applicable according to PAN
India LOA issued to vendors and the payment for the same shall be
made accordingly by the First Party to the second party.

2.63.2 The cost of LED street light fixtures and Project Management Charges
(15%) will be paid to the Second Party by the First Party within twenty
one days (21 days) forty five days after supply and inspection of
material to the First Party.

2.73.3 The balance amount of projected cost for a particular financial year
will be paid on monthly basis to Second Party by First Party according
to actual installation of LED fixtures including Annual Maintenance
Charges (5%) in the concerned financial year.

2.83.4 The LED fixtures will be issued to Second Party by First Party for its
installation from Godown of the First Party.
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Taxes, Duties & levies:

The prices will be inclusive of loading, unloading, transfer to ULB

Godown. and o
GST and other taxes [GST] will be as per the statutory norms and will
be paid by First Party to the second party as per rule the statutory
norms.

3.4. References in the Agreement

3.14.1 This Supplementary Agreement shall be deemed to form part of the

Original Agreement executed on 21.01.2016. Accordingly, all references
in the Agreement to this "Agreement" shall be construed as references to
the Agreement as supplemented and amended by the Supplementary
Agreement. Subject to the provisions of this Supplementary Agreement, the
Agreement and the Supplementary Agreement shall remain in full force and
in effect till its completion i.e. 27.02.2024.

3.24.2 The Supplementary Agreement shall remain in full force and effect and
this Supplementary Agreement is a supplemental to the Principal
Agreement and except where the context otherwise requires, words and
expressions defined in the Principal Agreement bear the same meaning
when used herein, including recitals.

IN WITNESS WHEREOF the parties have entered into this supplementary agreement
presents the day, month and year first herein above written.

1. Executed for and on behalf of

Commissioner

Name :

Designation :

2. Executed for and on behalf of Energy

Efficiency Services Ltd. by its duly
authorized representative

Name :
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Designation :