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Dated: 10th Aug 2016

Reff No. UP3208161001

To,

Bora Institute of Management Sciences


Near Sewa Hospita, Sitapur Road.
Lucknow, Uttar Pradesh

Memorandum of Understanding for empanelment as Network partners for


imparting Career Management Program to facilitate the employment opportunities for
the students of BORA INSTITUTE OF MANAGEMENT SCIENCES {BIMS}-
LUCKNOW (UP).

Sir,

1. This has reference to the proposal and subsequent correspondence with BIMS (Bora Institute of
Management Sciences) had with EanTech for imparting Career Management Program and facilitating
them for job/self-employment.

2. In this connection, it is to inform that the proposal under ECMP(Ean Career Management Program)
has been accepted by both EanTech and BIMS (Bora Institute of Management Sciences). EanTech shall
implement the program at your campus on a mutually agreed action plan duly approved by the
capable authority of both the organizations/Institutions.

3. The program imparted shall be subject to the standard and special terms & conditions set out in PART
A, B & C of the Appendix to this letter, which is deemed as part of this MoU, in addition to the normal
terms & conditions specified in the agreement executed by your Organization.

4. In case, if all the terms and conditions lay down in the Appendix are acceptable to you, the duplicate
copy of this letter along with Appendix may please be signed by an authorized signatory of your
Institution and returned to EanTech within 15 days from the date of this letter. All pages of the letter
and Appendix are required to be signed and stamped.

5. The Institute shall give an undertaking that all the terms and conditions contained in the MoU and
elsewhere in this letter shall be complied within 30 days from the date of this letter in the form and
manner as may be required by EanTech.

6. Notwithstanding the acceptance of the terms and conditions of this letter and execution of the
agreement and other documents, if positive steps are not taken by BIMS (Bora Institute of Management
Sciences) to ensure the enrolment of the candidate under the concerned Course, this MOU will lapse at
the end of 3 months from the date of signing.

7. Please note that this communication should not be construed as giving rise to any binding obligation
on the part of EanTech unless BIMS (Bora Institute of Management Sciences) sends acceptance of this
MoU in the manner mentioned above.

Yours sincerely,

Amitabh Bose
Chief Executive Officer
EanTech Consulting Services Pvt. Ltd
PART-A
Terms and Conditions

ECMP Financial Details

Sl Activities Amount of Fee Remarks


No
Free Counseling & Training,
1 Imparting ECMP NILL
Enrolment, Registration.
To be paid by the students to the
industries / Institutions directly.
Imparting Industry Training As per the specific Payment to be made by the
2
(Technical) and Certification industry norms students as per the discretion of the
training channel partner and
college.
To be paid by the
institution/Students after
Facilitation and Handholding
successful completion of ECMP
3 assistance for Job /Self *2499
Module. This cost is to facilitate
employment
handholding support for a period
of 5 years.
* Facilitating and Handholding assistance Fee shall be charged to only those students who are
willing to avail this facility and enroll themselves to the premium services of EanTech.

____________________________________________________________________________________________

PART B

Special Terms and conditions

1. BIMS shall appoint a program coordinator who would ensure the smooth entry and facilitation of
the program and provide correct data & details of the students in Eans portal for placement follow-
ups.
2. BIMS need to provide with tradewise and course wise date of commencement and completion
before commencement of ECMP program (Basically a status report as per the template of EanTech).
3. In case, any scholarship/concession/free ship is granted by the Institute/State Government or any
other sources for ECMP students, the EanTech fee/ Industry training & Certification fee for
placement follow-up can be paid by the institution directly to eanTech.
4. The ECMP program shall be provided to a particular student only once during his course /
degree/post-graduation. If any further training is required, such individuals shall have to enroll/re-
enroll into the ECMP premium services.
5. BIMS shall ensure that the students enrolled for ECMP has adequate potential for employment
and are eager to migrate/relocate for the jobs they are offered.
6. Any details regarding the students status shall be provided by EanTech as per the request of BIMS
at its possibility.
7. A Committee shall be constituted for the monitoring of the ECMP Programme with a nominee each
from the concerned BIMS, Students and EanTech as members.
8. The Students shall be selected by the appropriate Selection Committee. However, wherever
EanTech Officers do not participate in the Selection Committee Meeting, the college/institution may
finalize the list of selected Students itself.
PART C

Standard Terms and Conditions


GENERAL TERMS

1. For any change in the parameters and terms and conditions of the scheme, prior
approval of EanTech shall be obtained by BIMS

2. BIMS shall ensure effective monitoring and periodic flow of information to EanTech relating to
progress/implementation of the course

3. The College/Institution has to complete requisite formalities viz; identification of Students,


documentation with the Students and arrangement of classrooms, necessary infrastructures for
imparting the training / Counseling, Staff sitting place as laid by EanTech for smooth
implementation of the program

4. The College/Institution shall arrange Skype/Video Conferencing facility at is campus for online
interface with the Students for any cliental requirement.

5. BIMS with the support of EanTech/Its affiliates, or Eantech/Its affiliates ownself, whosoever, shall
provide Life skills & Soft Skills (computer literacy, language, work place behavior etc.) during the
currency of the career counseling programme.

6. BIMS shall provide a few success stories to EanTech after completion of the course for its newsletter
and other communication materials.

7. In case, where a client / Employer looks for a video conferencing facility and the same is not
available at the college, Eantech shall arrange such facilities at its nearest possible vicinity for which
the college/institution shall have to bear cost as applicable.

8. The Program committee jointly formed by the BIMS, student, and EanTech officers shall conduct a
joint review of the Program implemented at the end of every training to facilitate improvements in
the Program, design and implementation quality

9. EanTech or its 3rd party assigned shall monitor and review all the courses under the program to
assess quality of delivery and learning achievement of the students in the form of assignments, tests,
group discussions, demonstration work, industry faculty assessment, etc as to facilitate better job
fitment of the students.

PAYMENT OF FEES/ANY COST TO EANTECH

1. BIMS shall ensure that the payment of the amount as mentioned in PART I thereon raised by
EanTech to the agreed students are facilitated by the BIMS so that it is received on time for effective
implementation of the program.

THE VISIBILITY&PUBLICITY

1. The college shall also be given an additional mileage by posting Logo and link at EanTechs
webportal.
2. That in all Promotion and Communication the name of the program shall be represented as the
EanTech Career Management Program. The college shall acknowledge the establishment of the
program by EanTech Consulting Services Pvt. Ltd or any of its affiliates in all of its all
communications/correspondence relating to the promotion of the Program by whatever means or
media.
3. If at any time during the term of this Agreement, it is assessed by the Parties that there is a need to
advertise about the Program, the same may be carried out by the college at its own cost with prior
written consent of EanTech.

Confidentiality

All confidential, non-public or proprietary information (regardless of how that information is stored
or delivered), including, without limitation, this MOU and the terms included in it (Confidential
Information), exchanged between the Parties before, on or after the date of this MOU is strictly
confidential and shall not be used for any purpose or disclosed to any third party, except for the
purpose of facilitating this MOU. Each Party may disclose Confidential Information on a
confidential, need-to-know basis to its Affiliates respective employees, officers, directors, agents,
consultants, attorneys and accountants or any permitted assignee (Representatives). Each Party
shall inform its respective Representatives receiving Confidential Information of confidential nature
of the material disclosed and shall direct them to treat it confidentially, but neither Party shall be
liable for any misappropriation or misuse of Confidential Information or other breach of this MOU by
its consultants, advisors, attorneys and accountants other than that occasioned by its own gross
negligence or willful misconduct.

Provided that each Party may disclose without liability of any kind any Confidential Information if
such disclosure is (i) reasonably believed by it to be compelled by any court decree, or other legal or
administrative order or process (collectively, an Order) or, (ii) required by law or necessary or
appropriate in connection with any litigation or other proceeding to which it and / or its Affiliates is
a Party. To the extent practicable, each Party shall use reasonable, good faith efforts to notify the
other Party of the receipt of any such Order and shall permit the other Party to seek, at its own
expense, an appropriate protective order with respect thereto.
Provided further that each Party shall not be precluded from disclosing or using any information (i)
which is not Confidential Information, (ii) of which it was aware or which was in its possession prior
to any disclosure by the other Party, (iii) which is publicly available, (iv) which becomes available to
the other Party from sources not known by it after reasonable inquiry to be subject to disclosure
restrictions with respect to such information, (v) which is independently developed by itself, or its
Representatives, or (vi) upon obtaining the other Partys written consent.

BIMS shall not issue any public statement or press release concerning this Agreement or disclose the
contents hereof, or matters related thereto to the public or any Third Party, other than their respective
advisors in connection with furthering the arrangements contemplated hereby except with the
express prior written approval of the EanTech.

Both the Parties shall keep the other Party informed of any press releases or public communications
regarding the Program that may come in the knowledge of such Party.

Duration
The duration of this arrangement shall be for a period of three year from this date subject to the
termination clause contained herein. However, the duration of the Agreement may be extended by
mutual agreement of both the Parties in writing.

INDEMNITY
EanTech and BIMS are entering into this Agreement in good faith and intentions and shall put in
their best efforts for successful implementation and execution of the Program.
TERMINATION AND CONSEQUENCES OF TERMINATION
The present MOU may be terminated in the following situations:
a) By efflux of time.
b) BIMS can terminate this Agreement by giving six months written notice to EanTech and vice
versa.
AMENDMENTS
No modification, alteration or amendment of this Agreement or any of its terms or provisions shall be
valid or legally binding on the Parties unless made in writing and duly executed by or on behalf of all
the Parties.

NO AGENCY
The Parties agree that nothing in this Agreement shall be in any manner interpreted to constitute an
agency or Partnership for and on behalf of any other Party.
NOTICES
All notices, requests, demands or other communication required or permitted to be given under this
Agreement and the provisions contained herein shall be written in English and shall be deemed to be
duly sent by registered post, postage prepaid or transmitted by facsimile transmission or courier to the
other Parties at the address indicated below:-

(i) In the case of notices to EanTech Consulting Services, to:


Attention: Mr. Biseswar Talukdar, B1202 N.E Park. Indirapuram
Ghaziabad. (UP). 201014
E mail: btalukdar@eantechconsulting.com
Designation: Vice President
(ii) In the case of notices to BIMS :
Attention:
E mail:
Designation:
or at such other address as the Party to whom such notices, requests, demands or other communication
is to be given shall have last notified the each other giving the same in the manner provided in this
Clause, but no such change of address shall be deemed to have been given until it is actually received
by the Party sought to be charged with the knowledge of its contents. Any notice, request, demand or
other communication delivered to the Party to whom it is addressed as provided in this Clause shall be
deemed to have been given and received on the day of its receipt at such address.

ASSIGNMENT
BIMS shall not assign any of its rights, liabilities or obligations under this Agreement in any manner,
without the prior written consent of EanTech.
GOVERNING LAWS AND DISPUTE RESOLUTION
1. All disputes and differences arising between the parties hereto, out of or regarding interpretation of
this Agreement shall be first tried to be resolved across the table. If still the same remains unresolved,
it will be referred to arbitration under the provisions of Arbitration & Conciliation Act, 1996 or any
statutory amendments/modification thereof for the time being in force. The arbitration proceeding
shall be held at appropriate location in Delhi by a Sole Arbitrator to be appointed by the EanTech,
whose decision shall be binding on both the parties. BIMS hereby confirms that it shall have no
objection to this appointment.
2. This Agreement shall be governed by and construed in accordance with the laws of India and the
Courts at Delhi and the High Court of Delhi at New Delhi alone shall have exclusive jurisdiction.

In witness whereof the undersigned, being duly authorized thereto, have on behalf of the Parties hereto
signed this Agreement at the place and on the day below written.

For _____________________ For EanTech Consulting Pvt. Ltd

By: _____________________________ By: _______________________________


(Signature) (Signature)
Name: Name: Mrs. Amitabh Bose
Designation: Designation: Director

Witness By: ________________________


(Signature) Witness By: ________________________
Name: (Signature)
Designation: Name:
Designation:

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