Agreement of 34 Buffer Shed Project

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DEED OF AGREEMENT

This Deed of Agreement is made on the 26 th day of September 2021 (Two Thousand Twenty
One) of the Christian Era for the purpose of acquiring the work confirmation from BCIC under
the Ministry of Industries for 34 BUFFER SHED PROJECT.

Company name:M/S Didar & Brothers, Managing Partner:Didarul Alam

Head officeAddress: 2109, Zakir Hossain road, Khulsi, Chittagong-4225, Dhaka Office address:
flat 11-12, 19 Kemal Attatuk Avenue, Banani, Dhaka

Nid: ....................................

……………………….. 1st Party

(Herein after called the “PARTY-A” which expression shall include its Successors, Legal
Representatives, Executors, Administrators and permitted Assigns)

AND

Name: Syed Ahmad Faruque


Adress: House: 19-20, Road: 113/A, Gulshan-2 Dhaka.
Nid: 5994403268
…………………………… 2nd Party

(Herein after called the “PARTY-B” which expression shall include its Successors, Legal
Representatives, Executors, Administrators and permitted Assigns)

RECITALS:

Whereas, PARTY-A is engaged with the business of “Company name” Products all over the
Bangladesh and the Globe.

(Contd..P/2)
P/2

And whereas, PARTY-A has offered to deploy any person or Company to act on its behalf for
the purpose of acquisition of Project 34 buffer shed project.

And whereas, PARTY-B has accepted the proposal of the PARTY-A to act on its behalf for the
purpose of acquiring the said project from the providing authority.

And whereas, the parties have mutually agreed to enter into certain commitments and to regulate
the exercise of their rights upon the terms and conditions in relation to this agreement as in the
manner hereafter stated.

NOW THE INDENTURE WITNESS AS UNDER:

In consideration of the above premises and agreements, all the parties to this agreement do
hereby now agree as follows:

1. This agreement shall commence from its date of execution i.e., 26 th day of September
2021 and thereafter it shall remain in force and effect unless or until terminated in
accordance with the provisions of this agreement.

2. PARTY-A will pay consultancy fee @16.08 Crore (+/-) to PARTY-B of the total value
of the project, that is BDT 268.08 Crore (+/-) without tax vat which will be declared on
the signed contract.

3. PARTY-A will pay the exact amount following the below chart of 16.08 Crore (+/-)
consultancy fees declared above after the meeting and getting the confirmation with
authority .56% providing the NOA (2.44%) and after the work order (3%) and
subsequently provide rest of the amount by cheque or any other payment instrument to
PARTY-B.

* Work Order @ BDT 268.08 Crore (+/-) (1st Package)

* Total Consultancy fees BDT 268.08 X 6% = 16.08 Crore (+/-)

(Contd..P/3)
P/3

SL Name After After NOA After Work Total


Meeting order

Syed Ahmad Faruque 1.50 core 6.36 core 8.04 core 16.08 core
(.56% of total (2.44% of (3%of total
commission) total commission)
commission)

(Total fees in word: BDT Sixteen Crore Eight Lac Only)

4. PARTY-A will provide all necessary papers and documents to PARTY-B for the
purpose of collecting/acquiring the project in favor of PARTY-A.
5. PARTY-A will ensure to provide all the legal and financial documents as per
requirement of the work order providing authority such as BG from the Bank, BOQ as
per directed and other related documents.
6. PARTY-B will not be entitled any other profit of the project except the consultancy fees
@16.08 Crore (+/-).
7. PARTY-A will complete the entire project at its own cost and responsibility maintaining
the standard laid down by the project authority.
8. PARTY-A will adhere the design, drawing supplied by the authority and construction
work supervision for smooth handover of project to the authority.

(Contd..P/4)
P/4

9. PARTY-A will supply all the material as per requirement criteria set by the project
authority.

10. Any party committing breach of any of the above provisions shall indemnify and keep
other party indemnified from and against all losses and damages, action proceedings
costs and expenses arising directly or indirectly out of such breach, without prejudice to
any power of expulsion vested on the parties by this deed otherwise.

11. The terms, conditions and stipulations contained in this agreement shall be binding and
enforceable against the parties hereto and their respective heirs, executors, successors,
representatives and assigns.

12. The parties to this agreement agree to keep confidential the existence and contents of this
agreement and its schedules and the negotiations leading up hereto, and shall not reveal
the documentation or information concerning the transactions contemplated herein.
Neither party hereto may during the continuance of this agreement or at any time
thereafter disclose or divulge any confidential information relating to the business or
affairs of the other party.

13. The parties hereto will be bound only by the terms and conditions mentioned and
contained in this agreement and no other terms or conditions shall be included or implied
unless agreed upon by the parties in writing and the agreement is amended accordingly.

14. The validity, construction and enforceability of this agreement shall be governed in all
respect by the laws of the Government of the People’s Republic of Bangladesh.

15. The commission of the Consultants will be adjusted according to the issue of new BOQ of
the project value.

16. Party-B will provide Guarantee Check to Party-A for security purpose for first payment
of 1.50 core with the advance date in case the Party-B failed to obtain the work for Party-
A. The timing of providing NOA, Workorder shall be determined by the BCIC/Ministry
of Industries

Acount holder Name Account name and no. Check No.


Syed Ahmad Faruque A/C#1221010009835

(Contd..P/5)

P/5

17. Party-B shall under no circumstances be responsible for the non-compliance of Party-A
of the terms and conditions of BCIC after or before the tender opening.

In witness whereof, the parties to this agreement have, through their respective authorized
representatives, have executed these presents and affixed their hands and common seal of their
respective companies on the day, month and year first above mentioned.

SIGNED BY:

On Behalf of Party- B On Behalf of Party-A

……………………………………………….. ……………………………………………….
Syed Ahmad Faruque Didarul Alam

WITNESSES:

1.

2.

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