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having
its Office at
(hereinafter
referred to as Training Centre represented by its authorized
representative) of the second part,
for the state of
a.
MANAGE
for coordination on broad policy issues and matters related to
centralized operations. b.
Training Centre for all operational matters which includes
training, handholding component as per MANAGE guidelines.
The
Training Centre shall; a)
organize training and handholding activities under the
Agri-Clinics and Agri-Business Centres Scheme as per the MANAGE
guidelines. b)
Ascertain
for itself the financial viability of the project and shall fund all
cost over runs, if any; c)
Not
make any financial commitment on behalf of MANAGE, nor shall take loans
or create any other financial liability binding MANAGE under this
agreement; d)
Have
all employees relating to this project on its payroll, or shall invite
outside Guest Speakers/faculty on its own, and MANAGE shall have no
legal, financial or any other responsibility towards them; e)
Follow
the course outline supplied by MANAGE, as may be amended from time to
time; f)
Conduct
no such parallel activity which may be prejudicial to the interests of
the said Scheme, or MANAGE; g)
Maintain
records of the trainees and their regular attendance, and share them
with MANAGE; h)
Provide the following minimum infrastructural facilities:
i.
Computers with necessary software
ii.
Printers and photocopiers, as required
iii.
TV/VCR/ACR
iv.
Rooms for conduct of counseling
v.
Necessary furniture. i)
Provide
assistance for conduct of study visits, field visits, etc.; j)
Not
realize any fee from the trainees in any form whatsoever; k)
Incur
expenditure on all operations/services as per the financial guidelines
of MANAGE. l)
Provide free of cost handholding facilities,
counseling and guidance to the trainees for 1 year after the training. m)
Register
candidates for organizing training programmes b)
Responsibilities
of MANAGE: The MANAGE shall: a.
Develop
and provide broad course outline to the Training Centre.
b.
Provide
list of trainees allotted to each Training Centre or be entitled to ask
training institute to generate applicantions. c.
Provide
norms and guidelines wherever necessary; d.
Provide
lump-sum grant to the
Training Centres on per trainee basis at the rates fixed by
Scheme guidelines. e.
Be
responsible for the logistics and operational aspects of the training
component of the said Scheme; f.
Provide
timely clarifications regarding Academic Inputs and any other necessary
information to the Training Centre; g.
Shall
ensure through proper co-ordination and consultation that all the
Training Centres provide quality training under the said Scheme; h.
Shall
ensure that all amounts released under the said Scheme to them by GOI,
shall be disbursed to the Training Centres timely, and keep a track of
the number of trainees attending the programmes at each Training Centre. c)
Force Majeure In
the event of non-fulfillment of the contract terms and conditions due to
any reason of force majeure namely fires, wars, riots, strikes, natural
calamities, etc., neither the Training Centre nor MANAGE shall be held
responsible for any loss or consequential loss. d)
Indemnity The
Training Centre hereby agrees jointly and severally to indemnify MANAGE,
their representatives, administrators and properties from and against
all action, demands, proceedings, prosecutions, attachments, and the
like arising out of its liabilities and all charges, taxes, etc. Similarly,
MANAGE shall be liable to indemnify/compensate the Training Centre on
account of any losses arising due to the fault of MANAGE. e)
Liabilities MANAGE
shall not, however, be liable for: a.
any
payments of claims by employees of the Training Centre b.
discharging
any financial commitments made by Training Centre. c.
Any
suit on account of demands for infringement of copyright and other laws
by the Training Centre which have no nexus with the object of the MoU
being entered into. f)
The Training Centre shall ensure that all its software is legal.
MANAGE shall not be responsible in any way for any liabilities
arising out of use of pirated software. g)
Breach of Agreement MANAGE
shall have the right to terminate the agreement with the Training
Centre, in case the Training Centre either fails to provide the services
successfully as mentioned in the agreement, or violates any of the
clause mentioned in the MOU, or exploits the students or misuses the
partnership with MANAGE in any way. h)
Amendment to the Agreement The
obligation of the Training Centre and MANAGE have been outlined in this
agreement. However, during the operation of the agreement, circumstances
may arise which call for alteration or modifications of this Agreement.
These modifications/alterations will be mutually discussed and
agreed upon in writing. i)
Period of Validity This
agreement shall be initially valid for one year from the date of signing
the agreement and to be renewed subsequently by mutual consent of both
the parties. j)
Arbitration Any
dispute arising with regard to any aspect of this Agreement shall be
settled through mutual consultations and agreements by the parties to
the Agreement.
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