FOUR LANING OF PUNE TO SOLAPUR SECTION OF NH 9 IN MAHARASHTRA UNDER NHDP PHASE-III ON ITEM RATE BOQ BASIS FROM KM 40.000 to KM 93.700 CONSTRUCTION CONTRACT BETWEEN PUNE SOLAPUR EXPRESSWAYS PRIVATE LIMITED AND JM (INDIA) INFRASTRUCTURE LIMITED DATE: 10" November, 2009H 780311 a CONTRACT AGREEMENT R THIS CONTRACT AGREEMENT (“Contract Agreement”) is made this day of a 2009 at Delhi. PPNE SOLAPUR EXPRESSWAYS PRIVATE. LIMITED, a company registered under the Companies Act, 1956 and having its registered office at Jeevan Bharati Tower 1, 10th Floor, 124 Connaught Circus, New Delhi- 110 001 (hereinafter referred to as the “Employer”, which expression shall, unless it be repugnant to the subject or context thereof, include its successors, tnsferees and assigns; AND 14M (India) Infrastructure Limited, a company incorporated under the Companies Act, 1956 (hereinafter referred to as the “Contractor” which expression shall include its successors and pgmitied assigns) having its registered office at H No. 1-90/A, plot no. 20 & 21, RBI Colony, Madhapur, Hydeabad, India ach of the parties mentioned above, are hereinafter collectively referred to as the “Parties” and individually as a “Party”.(H) The terms and conditions of this Contract have been fully negotiated beoween the Employer and the Contractor as parties of competent capacity and equal standing. THEREFORE IT IS AGREED as follows: 1. DEFINED TERMS Unless otherwise set forth in this Contract Agreement the terms and expressions defined in the General Conditions of Contract and Conditions of Particular Application annexed hereto shall have the same meaning wherever used in this Contract Agreement. 2. SCOPE OF WORK ‘The Scope of Work which shall be to carry out and complete the Works and discharge all the other obligations on its part specified in, or to be inferred from, including inter-alia, pre- construction activities and obtaining all Applicable Permits within the time period prescribed in the Contract, and in all respects in accordance with, the Contract. Without prejudice to the obligations of the Contractor as detailed in the Contract, a brief description of the Scope of Work of the Contractor is provided as Annexure A. ‘The Works shall be undertaken as item-rate contract based on the Bill of Quantities mutually agreed between the Employer and the Contractor subject to implemented quantities under the provisions of this Contract. 3. CONTRACT DOCUMENT ‘The following documents, together with their respective attachments and appendices, shall together constitute this contract (“Contract”) between the Employer and the Contractor and the term “Contract” in all such documents shall be construed accordingly: (1) the Contract Agreement; 2) the Letter of Acceptance; G) the General Conditions of Contract @) the Conditions of Particular Application (©) the General Technical Specification; (©) the Supplementary Technical Specification; (7) the Tender Drawings; (8) the Bill of Quantities; and (©) the Forms of Bank Guarantee for Security The documents constituting the Contract are intended to be correlative, complementary, and mutually explanatory of each other. In case of conflict or ambiguity between any of the documents constituting the Contrect, the order of preference would be as specified in the Conditions of Particular Application.