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Memorandum of Understanding

This Memorandum of Understanding is entered and executed on_______ by and between


Md. Ali Molla, S/o Nurul Islam Molla, of Y-134/1, Kanthal Beria Road, P.S – Nadial Kolkata-
700018, which expression shall include its executors, administrator and assigns of the First
party.

And

Which expression shall include its Executors, Administrators and assigns of the Second
party.

Whereas, The Parties desire to enter into an Agreement to divide the Sale Profit of
Properties situated at District South 24 Parganas , ADSR Office Behala, D.S.R office Alipore II.
P.S Rajabagan, previously Methabruz, at present within Kolkata Municipal Corporation
Garden Reach Unit, Borugh 15. Ward No. 138 at Abdul Khabir Road, Mouja – Garden Reach,
Street No 56, previously Khatiyan No- 26,27,28 now 79 and previsitional Dag No.81 and 173;
by character Bastu, measuring more or less 6 Cattahs and 9 Chittaks alone with a House and
easement and common passage rights after sale of this property.

Whereas, the Parties desire to memorialize certain terms and conditions of their anticipated
endeavour.

Now therefore, in consideration of the mutal promises and covenants contained hearin, the
parties agrees as follows-

1. Purpose and Scope.


(a) The parties intend for this Memorandum of understanding to provide the foundation
and structure for any and all possibility anticipated binding agreement related to
division of the Sale Profit of properties situated at District South 24 Parganas, A.D.S.R
office Behala, D.S.R office Alipore II, P.S. Rajabagan, previously Metiabruze, at
present within Kolkata Municipal Corporations Garden Reach Unit. Borough 15,Ward
No 138, at Abdul Kabir Road, Mouja Garden Reach, Street No.56, previously Khatian
No. 26,27,28. Now 79 and previously Dag no 81 and 173, by character Bastu,
measuring more or less 6 Cattahs and 9 Chattak along with a House and Easement
and common passage rights after sale of property.
(b) This Memorandum of Understanding shall establish a type of formal agreement or
obligation and is an agreement between the parties to work together in such a
manner to encourage an atmosphere of collaboration and alliance in the support of
an effective and efficient relationship to establish and maintain objective and
commitment with regardly to the above mentioned matter.
(c) The sale profit means the amount which will be excess to Rs._________ (_____) i.e.
total consideration amount after selling of the above mentioned property and that
amount excess to Rs.___________ (______) will be divided or so-so amount the first
and the second party.
2. Objectives.
The parties agree or follow
(a) The parties shall work together in a co-operative and co-ordinated effort so
as to bring about the achievement and fulfilment of the purpose of the
Memorandum of Understanding.
(b) It will be the intention of the Memorandum of Understanding to restrict
parties to this Agreement from entering into any other agreement with a
other association, organisation, company, individual etc regarding the above
me matter.
(c) The parties shall mutually contribute to fulfil all the terms and conditions of
this Memorandum of Understanding.
3. Terms and Condition.
(a) That after the Sale of property situated at District South 24 Parganas A.D.S.R
Office Behala, D.S.R Office Alipore II. P.S.Rajabagan, previously Metiabruz at
present within Kolkata Municipal Corpoation’s Garden Reach Unit Borough
15,Ward No 138, at Abdul Kabir Road, Mouja Garden Reach, Street No.56,
previously Khatian No. 26,27,28. Now 79 and previously Dag no 81 and 173, by
character Bastu, measuring more or less 6 Cattahs and 9 Chattak along with a
House and Easement and common passage rights by Md. Ali Molla, S/o Nurul
Islam Molla, Sadikul Islam Molla, S/o Md Ali Molla, Farijul Ali Molla, S/o Md Ali
Molla, Asura Bibi, W/o Md. Ali Molla, Md. Ali Molla on behalf of minor Tanvirul
Islam, 50 % of the sale profit will by Md. Ali Molla, S/o Nurul Islam Molla, of Y-
134/1, Kanthal Beria Road, P.S – Nadial Kolkata- 700018 i.e. the Party to the First
Party and the rest 50 % of the Sale Profit will be divided among Sultan
Mahmud,_______, and Md. Yasin Molla____ the second party.
(b) That this Memorandum of Understanding shall be effective from the date of
signing of this Agreement up to the sale of the property above mentioned and
division of sale profit mentioned above.
4. Indemnity.
The Parties agrees to indemnity and hold harmless the other party, its respective
affiliates, legal heirs, successors against any and all claims, losses, damages,
expenses, reasonable legal fees and costs of any kind or amount whatsoever, which
result from the negligence of or Breach of this Agreement by the indemnifying party,
its respective successors, affiliates or legal hires that occurs in connection with this
Agreement. This section remains in full force and effects even after termination of
the Agreement by its natural termination or the early termination by either parties.
5. Limitation of liability
Under no circumstances shall either party be liable to the other party or any third
party for any damages resulting from any part of this agreement such as loss of
Revenge or Anticipated profit i.e. which are not related to or the direct result of a
party’s Negligence or Breach.
6. Severability
In the event any provision of this agreement is deemed invalid or unenforceable, in
whole or in part, that part shall be severed from the remainder of the Agreement
and all other provisions should continue in full force and effect or valid and
enforceable.
7. Legal and Binding
This Agreement in legal and binding between the Parties are stated above. This
Agreement may be entered into and is legal and binding in India and the Parties of
both represent that they have the authority to enter into this Agreement.
8. Governing law and Jurisdiction
That parties of both part agree that this Agreement Will be governed by the law of
India and the Courts of India will have the Jurisdiction over this Agreement.
9. Entire Agreement
The Parties of both part acknowledge and agree that this Agreement represent the
entire agreement between the parties and in the event that the Parties desire to
change, add or otherwise modify and terms, that Shall de so in writing, to be signed
by both parties.

The parties agrees to the terms and conditions set forth above or determined by
their signature as follows:-

_____________________
FIRST PARTY

_______________________
SECOND PARTY

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