FORM OF AGREEMENT
THIS AGREEMENT, made the _________________ day of ________ 20 ______ between________________________________________________of[or whose registered office is situated at]__________________________________________
(hereinafter called “the Employer”) of the one part AND
________________________________________________________of[or whose registered office is situated at]_________________________________________
(hereinafter called “the Contractor”) of the other part.
WHEREAS THE Employer is desirous that the Contractor executes
(name and identification number of Contract ) (hereinafter called “the Works”) located at______________________________[Place/location of the Works]and the Employer has accepted the tender submitted by the Contractor for the execution and completion of such Works and the remedying of any defects therein for the Contract Price of Kshs___________________________[Amount in figures],Kenya Shillings_____________________________________________[Amount in words].
NOW THIS AGREEMENT WITNESSETH as follows:
- In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to.
- The following documents shall be deemed to form and shall be read and construed as part of this Agreement i.e.
(i) Letter of Acceptance
(ii) Form of Tender
(iii) Conditions of Contract Part I
(iv) Conditions of Contract Part II and Appendix to Conditions of Contract
(vii) Priced Bills of Quantities
3. In consideration of the payments to be made by the Employer to
the Contractor as hereinafter mentioned, the Contractor hereby
covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all respects with the provisions of the Contract.
- The Employer hereby covenants to pay the Contractor in
consideration of the execution and completion of the Works and the
remedying of defects therein, the Contract Price or such other sum
as may become payable under the provisions of the Contract at the
times and in the manner prescribed by the Contract.
IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day and year first before written.
The common Seal of _________________________________________________
Was hereunto affixed in the presence of ________________________________
Signed Sealed, and Delivered by the said ______________________________
Binding Signature of Employer ________________________________________
Binding Signature of Contractor _______________________________________
In the presence of (i) Name_______________________________________
[ii] Name _______________________________________