Sample Template of a Draft Contract Amended Agreement Format for India in word / doc Format Free Download. This format can be used to add a new party to agreement or add new clauses, terms & conditions to an existing agreement.
THIS
Amended Agreement dated ………………. (“Amended Agreement”) is made and entered into
by and between:
1.
IPL INDIA LIMITED, a company incorporated under Companies Act, 1956 of
India and having its registered office of business at “Cuff Pared, Flat No. 114
and 115, 16D N S Road, Mumbai -400 123 (hereinafter referred to as the
‘Assignor”, which expression shall, unless it be repugnant to the context hereof,
be deemed to include its successors and permitted assigns of the FIRST PART), and
2.
ICC PRIVATE
LIMITED a company
incorporated under Companies Act, 1956 of India and having its registered
office at 12/3 Nariman Point, Mumbai – 400 091 India (hereinafter reffered to
as the “Assignee” which expression shall, unless it be repugnant to the context
hereof, be deemed to include its successors and permitted assigns of the OTHER PART)
The Assignor and Assignee may hereinafter be
individually referred to as a “Party”
and collectively as the “Parties”
RECITALS:
- The Parties had entered into a Deed of Assignment
of Trademarks dated 15th day of September, 2018 (hereinafter “the Agreement”);
- The Parties have agreed to amend Schedule A mentioned in the
Agreement as clause A and
accordingly, the Parties are desirous of executing this Amended Agreement
to amend the Agreement on the terms and conditions hereinafter appearing.
NOW, THEREFORE THIS AMENDMENT
AGREEMENT WITNESSETH AS FOLLOWS.
1. Definition
1.1
Unless
otherwise defined herein capitalized terms and conditions used herein and not
defined herein shall have the meaning ascribed to such term under the
Agreement.
2. Amendments
2.1
Schedule A mentioned in the Agreement as clause A, shall be replaced with the Annexure A annexed hereto.
2.2
Sub-clause
3.1 of Clause 3 of the Agreement shall be replaced with the following clause
and shall read as follows:
The Assignor hereby irrevocably and perpetually
transfers and assigns the Intellectual Property Rights and all rights, title
and interest therein to the Assignee, along with the associated goodwill
thereto, free from all encumbrances demands, claims, charges and liens so as to
devolve, and fully vest in the Assignee, and the Assignee hereby accepts and
acquires the transfer and assignment of the Intellectual Property Rights, in
connection with all the marks listed in ANNEXURE
A of this Amendment Agreement, on the terms and conditions hereinafter
appearing in the Territory.
2.3
Sub-clause 11.2 of Clause 11 of the Agreement shall be replaced with the
following clause and shall
read as follows:
In the event that the
representatives of the Parties are unable to amicably
resolve the dispute or
differences as referred to above, within a period of 60
(sixty) days
from the date of such reference to them, then such dispute or differences shall
be referred to an arbitration of sole Arbitrator. Such arbitration shall be
held in accordance with the Indian Arbitration and Conciliation Act, 1996 with
all its statutory modifications for the time being in force. The decision of
the Arbitrator shall be final and binding on all Parties. The venue for arbitration
proceedings shall be decided by the Arbitrator and shall be conducted in
English language.
3. Amendment
Agreement in Full Force and Effect
3.1
This
Amendment Agreement shall form an integral part of the Agreement and shall be read
along with the Agreement.
3.2
This
Amendment Agreement shall modify the Agreement and understanding set out in the
Agreement as applicable, only to the limited extent set out herein. Except as
specifically and expressly amended by this Amendment Agreement, all other
provisions of the Agreement shall remain unchanged and in full force and effect
and shall continue to remain applicable and binding on the Parties.
3.3
This
amendment Agreement shall have retrospective effect on and from 10 September
2008.
3.4
Save
and except for the aforesaid all other terms and conditions of the Agreement
shall remain unaltered and in force. In the vent of conflict between the terms
of this Amendment Agreement and the provisions of the Agreement, the provisions
of this Amendment Agreement shall prevail in relation to the matters set out
herein.
4. Assurances:
4.1
The
Assignor shall for the purpose of perfecting the title of the Assignee in the
Trade Marks, or completing or registering the assignment of the Trade Marks,
execute and file any documents required to be executed and/or filed with any
governmental authority, at its own cost and shall also provide such information
and documents as may be requested from time to time by the Assignee. However,
the Assignee assures the Assignor of reimbursing the expenses borne by the
Assignor.
4.2
The
Assignor, for the purpose of perfecting the title of the Assignee, shall
continue to prosecute all the marks as listed in Annexure A of this Amendment
Agreement and also initiate legal proceedings against similar marks owned by
others / infringers, until petition for the recordal of the Agreement together
with this Amended Agreement is filed before the Registrar of Trade Marks in
India in appropriate manner on prescribed forms and under the prescribed rules.
IN WITNESS WHEREOF,
the parties hereto have executed this Agreement on the day and the year first
above written.
Signed on behalf of Witnesses:
IPL INDIA LIMITED. (the Assignor)
----------------------------
1) Name:
_________________________ Address:
Full Name:
Designation
with seal:
-------------------------------
2) Name:
Address:
Signed on behalf of Witnesses:
ICC PRIVATE LIMITED.
(the Assignee )
-----------------------------
1) Name:
Address:
____________________________________ ------------------------------
Full Name 2) Name:
Designation
with seal: Address:
ANNEXURE
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Serial No.
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Registration /Application
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Class
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Trademark
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Specification of Goods
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5.
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9.
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Signed on behalf of Witnesses:
IPL INDIA LIMITED. (the Assignor)
----------------------------
1) Name:
_________________________ Address:
Full
Name:
Designation
with seal:
-------------------------------
2) Name:
Address:
Signed on behalf of Witnesses:
ICC PRIVATE LIMITED.
(the Assignee )
-----------------------------
1) Name:
Address:
____________________________________ ------------------------------
Full Name 2) Name:
Designation
with seal: Address:
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