DEED OF AGREEMENT

This Deed of Agreement made this day on the 24nd day of May, 2023.
BETWEEN
Dr. Fazlul Haque Colorectal Hospital Ltd. represented by its Chairman, Prof. Dr. A.K.M Fazlul Haque
having its registered Office Address: House # 726/A (old), 86/A

DR. FAZLUL HAQUE COLORECTAL HOSPITAL LTD, 726/A (Old), 86/A (New) Satmosjid
Road, Dhanmondi, Dhaka-1209, Bangladesh, represented by its Chairman, Prof. Dr. AKM Fazlul
Haque and having its office at 753 Satmosjid Road, Eden Multi-Care Hospital (Pvt.) Ltd. Dhanmondi,
Dhaka-1209, Bangladesh and herein after referred to as the “Buyer” which expression where the
context so admits shall include its successors in interest and assigns of the FIRST PARTY.

AND

ENERGYPAC ENGINEERING LIMITED, Energy Center, 25, Tejgaon I/A, Bangladesh,

represented by Engr. Rabiul Alam, Chairman, ENERGYPAC Power Generation Ltd. and
Director and CEO, ENERGYPAC ENGINEERING LIMITED, herein after referred to as
“SELLER” which expression where the context so admits shall include its successors in interest and
assigns of the SECOND PARTY

FIRST PARTY and SECOND PARTY are collectively referred hereinafter as “Parties” and
individually as “Party”:

WHEREAS

The Buyer (FIRST PARTY) intends to buy 630 KVA Sub-Station Equipment System with Copper
BBT for buyer’s prestigious project DR. FAZLUL HAQUE COLORECTAL HOSPITAL LTD,
726/A(Old), 86/A (New) Satmosjid Road, Dhanmondi, Dhaka-1209, Bangladesh, herein after referred
to as the “Project”.

After a long and detailed negotiations with the Second Party and after a series of quotations, the buyer
has decided to purchase the above mentioned 630 KVA Sub-Station Equipment System with
Copper BBT for the project as per the agreed specifications mentioned in your last offer letter Ref:
002KNM2012.07.R04. Dated: 19/12/2020.

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NOW THIS DEED OF AGREEMENT WITNESSETH and both the parties here to mutually agreed
and declare as follows:

Clause 1: The first party has agreed to purchase the 630 KVA Sub-Station Equipment System with
Copper BBT (As per First party’s Last BOQ Dated: Latest October, 2020 and the Second
Party’s last revised quotation Dated: 19/12/2020).

Clause 2: The second party agrees to sell/supply the 630 KVA Sub-Station Equipment Systems
with Copper BBT, as per technical specifications mentioned in our BOQ Dated- Latest October,2020
and your revised last quotation Dated- 19.12.2020. The second party also agreed for Installation,
Testing and Commissioning of this whole system in our project.

Clause 3: Both the parties mutually agreed the BOQ Dated: Latest October,2020. and Energypac
revised last quotation Dated- 19.12.2020.
Clause 4: 630 KVA Sub-Station Equipment Systems with Copper BBT, Assemble in Bangladesh
at ENERGYPAC ENGINEERING LIMITED’s factory at Baruipara,Savar,Dhaka as per our
latest BOQ and second party’s technical specifications mentioned in the latest offer letter .

Clause 5: Total Price: TK. 63,00,000/- (Sixty Three Lac Only) as per latest revised quotation Dated:
19th December, 2020.

Clause 6: Mode of Payment:

Mode of Payment of Total Price TK. 63,00,000/-
SL Description Amount
30% payment is to be made as mobilization advance along with
1.1 18,90,000/-
the work order.
20% payment is to be made after completion of the assembling of
630KVA sub-station and copper BBT with tap off box and after
1.2 inspection of this assembled equipment by First Party’s expert at 12,60,000/-
the ENERGYPAC ENGINEERING LIMITED’s factory at
Baruipara,Savar,Dhaka .
30% Payment is to be made within 7 (Seven) days after delivery of
1.3 18,90,000/-
the Sub-station and BBT system at our project site.
10% Payment is to be made after ELB certificate, load sanction
1.4 6,30,000/-
and Commissioning of the total system.
10% Payment is to be made after one year of Commissioning of
1.5 6,30,000/-
the system.

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Clause 8: Necessary insurances for Transportation from ENERGYPAC ENGINEERING
LIMITED’s factory at Savar to our project site at DR. FAZLUL HAQUE COLORECTAL
HOSPITAL LTD, 726/A(Old), 86/A (New) Satmosjid Road, Dhanmondi, Dhaka-1209, Bangladesh,
installation, testing & Commissioning period by ENERGYPAC ENGINEERING LIMITED the costs
of which are included in the above mentioned price.

Clause 9: Work Completion Period: Total completion period 05 (Five) months from the date of work
order.
Clause 10: Skilled Work Force: During work you must have one skilled Sub-station Engineer,
requisite nos of Skilled Technicians, other skilled people at the project site to complete the work within
the stipulated time frame with skillness and craftsmanship. No delay of work will be allowed. No
unskilled Labor/Technicians/Engineers will be allowed. There must have craftsmanship in your work.

Clause 11: Safety Security of Work Force:

 During work all the work force of the ENERGYPAC ENGINEERING LIMITED. must be
equipped with all sorts of necessary security equipment (Gumboot, Helmet, Safety Belt, Hand
Gloves and other requisites).
 The Buyer will never responsible for any accident/Incidents.
 All responsibilities for security of work force will goes to ENERGYPAC ENGINEERING
LIMITED.

Clause 12: Penalty: If the work is not completed within the time period as stipulated date of Work
Order at para 09, you shall be liable for a penalty @ 0.01% of total contracted value per day of delay
which shall be realized from your bill [penalty will not exceed 5% of total value]. If there is any delay
from the client's end i.e Power line, Interior work, Change of Design etc Vendor will not be liable for
penalty.

Clause 13: Warranty: 03 [Three] years warranty against Transformer and Copper BBT and 1 (One)
year warranty for other equipments against manufacturing and workmanship defects with effect from
the date of commissioning.

Clause 14: After Sales Service: 03 [Three] years free service against Transformer and BBT for any
manufacturing and workmanship defects with effect from the date of completion of work at site. And
one year free service for rest of the items.

Clause 15: Additional Work: If additional work is required and deemed necessary beyond the job
specified, the concerned signatories shall notify accordingly.

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Clause 16: Certification: The second party will submit the Certificate of Country of Origin of all the
imported items to the First Party after arrival of the items at the project site. Necessary certification
copies of Type test and Routine test reports.

Clause 17: Force Majeure: If the delivery of the all the items of 630 KVA Sub-Station Equipment
System with Copper BBT, be prevented or delayed due to act of God, War, Riot, Labor unrest or
shortage of Electricity supply beyond the control of the second party, then the second party shall not
be liable for any delay in the performance of all or any part of this CONTRACT in connection thereof.
In such cases, if the material is damaged or destroyed by any means the second party shall be bound
to supply the materials by new one and in good condition within the acceptable time frame. In the
event of failure of supply by the second party within the stipulated time frame the first party may
terminate the agreement and upon such termination the second party shall be liable to compensate as
per the law of the land.

Clause 18: The first party shall make available power source, water supply, safe & secured storing of
the 630 KVA Sub-Station Equipment System with Copper BBT Materials.

Clause 19: Any dispute or differences whatsoever arising between the parties out of or in connection
with or incidental to the agreement including the operation or interpretation of this agreement shall be
solved amicably by mutual discussion between the parties. In the event of failure to solve any such
disputes within 7 days from the date of notice the problem will be solved by the law of the land.

Clause 20: Training: Minimum two of First party’s staffs must be trained by the second party for the
day to day operation and maintenance of the total Sub-station and BBT System.

Clause 21: The origin of manufacturing country, model no as per the submitted quotation to the first
party provided by the second party must be ensured.

Clause 22: This instrument consists of this deed of agreement of 5 (Five) pages, work order of 4
(Four) pages dated 22.12.2020, the quotation submitted by the second party Ref:
002KNM2012.07.R04 (revised) Dated: 19th December 2020 and our revised BOQ Dated: Latest
October, 2020.

WITNESS WHEREOF the parties here to sign and execute Two Original copies of this agreement on
the day, month and the year aforesaid.

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 SIGNED BY

First Party Second Party

Prof. Dr. AKM Fazlul Haque Engr. Rabiul Alam

Chairman Chairman,
Dr. Fazlul Haque Colorectal Hospital Ltd. Energypac Power Generation
Ltd.
726/A(Old), 86/A (New) Satmosjid Road, Director and CEO,
Dhanmondi, Dhaka-1209, Bangladesh Energypac Engineering Limited.
Energy Center, 25, Tejgaon I/A,
Dhaka-1208, Bangladesh

Witness: Witness:

1. Dr. Asif Almas Haque 1. Engr. Abdur Razzaque

Son of Prof. Dr. AKM Fazlul Haque General Manager (Sales & Marketing)
Flat# B2&C2, House#20, Road#3 Energypac Engineering Limited.
Banani DOHS,Dhaka

2. Dr. Md. Shahidullah 2. Engr. Quazi Nafeez Mosharraf

Son of Md. Sayed Ali AGM (Sales & Marketing)
CEO Energypac Engineering Limited.
Dr. Fazlul Haque Colorectal Hospital Ltd.

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