You are on page 1of 7

MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (hereinafter referred to as


“MoU”) is made and entered into at Pune on the______ of December
2019, by and between:

BREWHOUSE ICE TEA (hereinafter referred to as “Brewhouse Ice


Tea” which expression shall mean and include unless repugnant to the
context, its successors and permitted assignees) of the FIRST PART;

AND

Symbiosis Law School, Pune, constituent of Symbiosis International


(Deemed University) (established under section 3 of the UGC Act,
1956, vide notification F.9-12/2001-U3 Govt. of India), located at
Survey No 227, Plot 11, Opp. Pune Airport, Symbiosis Rd., Viman Nagar,
Pune 411014 (herein after referred to as “THE COLLEGE” which
expression shall mean and include unless repugnant to the context, its
successors and permitted assignees) of the SECOND PART.

BREWHOUSE ICE TEA and THE COLLEGE shall hereinafter be


collectively referred as “Parties” and individually as “Party”.

WHEREAS:

THE COLLEGE organizes an annual three-day inter-collegiate cultural


festival named “Symbhav” (herein after “Event”) which, for this
academic year is commencing on the 28 thof February 2020 and ending on
1st March 2020.

BREWHOUSE ICE TEA wishes to promote/advertise/publicize and/or


associate its product/services/ in the EVENT.

BREWHOUSE ICE TEA - SYMBHAV’20 – MoU - CONFIDENTIAL

Page 1 of 7
THE COLLEGE wishes to allow BREWHOUSE ICE TEA to use its EVENT
to promote/advertise/publicize and/or associate in lieu of Consideration
as set out in Clause 5 of this MoU.

This MoU is intended to outline the key points of the sponsorship


relationship, more particularly set out herein, between BREWHOUSE
ICE TEA and THE COLLEGE

NOW THIS MoU WITNESSETH AND IT IS HEREBY AGREED,


UNDERSTOOD AND RECORDED AS FOLLOWS:

1. Term The term of this Agreement is from the


Effective Date until _________, or the date of
final payment of the consideration amount,
whichever is later.
2. Effective Date Date of Full Execution of this MoU when the
MoU has been signed by both parties.
3. Territory India and her sovereign territories.

4. THE COLLEGE 1. Brewhouse Ice Tea will be acknowledged as


Deliverables the ICE TEA PARTNER at Symbhav’20.
Brewhouse Ice Tea reserves the right to
name the association within the ambit of
“Ice Tea Partner”.

2. Publicity from the day of finalization of


sponsorship, through Symbhav’20 including:
a. 2 personalized posts on Symbhav’20
social media handles (Facebook,
Twitter, Instagram)
b. 1 personalized story on Symbhav’20
social media handles.

BREWHOUSE ICE TEA - SYMBHAV’20 – MoU - CONFIDENTIAL

Page 2 of 7
3. A kiosk (5*3 ft.) to promote/sell products of
BREWHOUSE ICE TEA for all three days of
Symbhav 2020.

5. The 1. Consideration in kind worth ₹ 30,000(Rs.


BREWHOUSE Thirty Thousand Only)
ICE TEA
2. BREWHOUSE ICE TEA shall provide THE
Deliverables
COLEGE with 300 glass bottles of 350ml worth
₹ 60 each and 300 PET bottles of 300ml worth
₹ 40 each.

OR

If subject to non-availability, BREWHOUSE ICE


TEA shall provide THE COLLEGE with 500
glass bottles of 350ml worth ₹ 60 each.

6. Logos 1. BREWHOUSE ICE TEA grants SYMBHAV


the use of its name and Logos for purposes
of promoting, marketing and advertising the
company Products(s)/Service(s) to its
students and festival attendees.

2. THE COLLEGE grants BREWHOUSE ICE


TEA the use of its EVENT’S name and Logos
for purposes of promoting, marketing and
advertising to its students and festival
attendees.
7. Termination 1. Without prejudice to the remedies and
compensation available under any other
clause under this MoU, either party may

BREWHOUSE ICE TEA - SYMBHAV’20 – MoU - CONFIDENTIAL

Page 3 of 7
terminate this MoU by giving five (5)
business days’ notice to the other party,

2. Either Party may terminate this agreement


in case of breach as laid down in Clause by
other party of any provision of this MoU if
such breach is not cured within the five (5)
business days’ notice period.
8. Events of 1. Time being the essence, in the event of
Breach failure to perform a part/ in full of the
agreement within the agreed time, the
agreement becomes voidable at the option of
THE COLLEGE.
2. Non-Payment or partial payment of the
agreed Consideration as mentioned in
Clause 4/Clause 5, by either parties
wherever applicable.
3. Non-performance or part performance of the
deliverable(s) as mentioned in Clause
4/Clause 5 by either parties wherever
applicable.
4. Misuse or illegal use of the trademarks and
logos or any other intellectual property by a
party of the other.
5. Breach of any other material provision of
this MoU.
9. Liquidated 1. In case of occurrence of any of the Events of
Damages Breach in Clause, the defaulter shall pay the
other party 1.5 times the monetary value of
the consideration agreed upon in Clause 5 of
this MoU.
1 Indemnity 1. Each Party shall indemnify and hold
0. harmless the other Party and its officers,

BREWHOUSE ICE TEA - SYMBHAV’20 – MoU - CONFIDENTIAL

Page 4 of 7
directors, employees and agents against all
losses, damages, expenses and costs
incurred on account of any third party
proceeding brought against the other based
upon or otherwise arising out of: (a)
infringement of third party intellectual
property rights due to use of the trade
mark(s) provided under this MoU, and (b)
any breach of the terms and conditions of
this MoU.
1 Relationship 1. Neither this MoU nor any portion hereof
1. between the shall be construed to constitute an agency
Parties relationship or a partnership between the
Parties hereto. The Parties shall remain
independent of each other, and neither
Party shall have the right or authority to
bind the other Party to any obligation.
2. No party shall be responsible for the act(s)
and/or commission and/or omission of the
other or for the acts of its agents, personnel
and/or representatives except as described
herein.
1 Amendments 1. No amendment to, or change, waiver or
2. discharge of, any provision of this
Agreement shall be valid unless in writing
(which includes e-mail correspondence) and
signed by an authorized representative of
each the Parties.
1 Confidentiality 1. All information, communication related to,
3. arising out of or/and incidental to this MoU
shall be confidential and shall not be
disclosed to or shared with any third party
until and unless (a) required by Applicable

BREWHOUSE ICE TEA - SYMBHAV’20 – MoU - CONFIDENTIAL

Page 5 of 7
law of Union of India or the State Legislative
Authority (b) so directed by Judicial
authority
1 Governing Law 1. This MoU shall, in all respects, be governed
4. and Jurisdiction by and construed in all respects in
accordance with the laws of Union of India
within the judicature of Pune.

IN WITNESS WHEREOF, the parties hereto have hereunto signed the


day and year first written above duly authorized for and on behalf of,

For: BREWHOUSE ICE TEA.

By: _______________________
Mr. Dipender Singh Bedi
Phone: 9811676728
Email: depinder@positivefe.com

___________________________
Date: _____________

For: THE COLLEGE

BREWHOUSE ICE TEA - SYMBHAV’20 – MoU - CONFIDENTIAL

Page 6 of 7
By: ____________________________
Dr. Shashikala Gurpur, Fulbright Scholar
Director, Symbiosis Law School, Pune 
Dean, Faculty of Law
Symbiosis International (Deemed University)
________________

BREWHOUSE ICE TEA - SYMBHAV’20 – MoU - CONFIDENTIAL

Page 7 of 7

You might also like