Airport Survey Agreement Template India

About this agreement

Title: Agreement Between a Finance Company and the Consultant for Conducting Survey for the Consideration of Proposal for the Construction of Airport Format

Need a reliable Agreement Between a Finance Company and the Consultant for Conducting Survey for the Consideration of Proposal for the Construction of Airport Format? Download our ready-to-use legal template in PDF or Word format, customizable for your specific needs in India.

In the complex world of infrastructure development, especially for ambitious projects like airport construction, a well-drafted Agreement Between a Finance Company and the Consultant for Conducting Survey for the Consideration of Proposal for the Construction of Airport is crucial. This specialized contract outlines the terms under which a finance company engages a consultant to perform essential surveys. These surveys evaluate the feasibility of proposals for airport construction, ensuring informed financial decisions and compliance with regulatory standards.

Why is it Important?

This agreement format is vital for finance companies funding large-scale projects. It protects both parties by clearly defining responsibilities, payment terms, timelines, and confidentiality. In India, where airport infrastructure is booming under initiatives like UDAN, such agreements ensure surveys meet Civil Aviation Ministry guidelines and environmental clearances. Without it, disputes over survey accuracy, delays, or intellectual property can derail multimillion-rupee proposals. Using a professional Agreement Between a Finance Company and the Consultant for Conducting Survey for the Consideration of Proposal for the Construction of Airport Format minimizes risks, safeguards investments, and streamlines the approval process for loans or funding.

Key Elements of the Agreement Format

Our Finance Company Consultant Survey Agreement Format for Airport Construction includes all essential sections:

Parties Involved: Detailed identification of the finance company and consultant.
Scope of Work: Specific survey tasks like topographic, geotechnical, environmental, and feasibility assessments for airport proposals.
Duration and Milestones: Clear timelines for survey completion and reporting.
Payment Terms: Fixed fee, milestones, or hourly rates with consideration amounts.
Confidentiality and IP Rights: Protection of sensitive data on airport sites.
Termination Clauses: Conditions for ending the agreement.
Dispute Resolution: Arbitration under Indian laws like the Arbitration and Conciliation Act, 1996.
Governing Law: Indian Contract Act, 1872, and relevant aviation regulations.

These elements make the template legally sound and adaptable for court or company requirements.

Who Should Use It?

Finance companies or Non-Banking Financial Companies (NBFCs) evaluating airport construction loans.
Consultants specializing in aviation infrastructure surveys.
Developers submitting proposals to Airports Authority of India (AAI) or private airport projects.
Legal teams handling public-private partnerships (PPPs) in infrastructure.

Common use cases include greenfield airport projects, runway expansions, or terminal upgrades where accurate surveys influence funding decisions.

Download Your Customizable Template Now

Get instant access to our Agreement Between a Finance Company and the Consultant for Conducting Survey for the Consideration of Proposal for the Construction of Airport Sample in editable Word or PDF format. Perfect for free download or paid premium versions with AI customization. Tailor it to your project specifics and save time on drafting from scratch.

Important Note

While this ready-to-use legal template is designed by experts, it's recommended to consult a qualified lawyer for personalization to suit your jurisdiction, especially in India. Ensure compliance with latest RBI guidelines for finance companies and DGCA norms for airports. Explore related formats like Loan Agreement for Infrastructure Projects or Feasibility Study Contracts for more resources.

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AGREEMENT BETWEEN A FINANCE COMPANY AND THE CONSULTANT FOR CONDUCTING SURVEY FOR THE CONSIDERATION OF PROPOSAL FOR THE CONSTRUCTION OF AIRPORT

Non-Judicial

AGREEMENT BETWEEN A FINANCE COMPANY AND THE CONSULTANT FOR CONDUCTING SURVEY FOR THE CONSIDERATION OF PROPOSAL FOR THE CONSTRUCTION OF AIRPORT

This is the agreement between XYZ Limited, a company incorporated under the laws of????..having its Registered office at????..(hereinafter referred to as "XYZ and ABC Finance and Industrial Development Company Limited, a company incorporated under the Companies Act,1956 and having its Registered office at..............Mumbai (hereinafter referred to as "ABC,") under which ABC has engaged XYZ to perform services as described herein.

1. Services

During the term of this agreement, XYZ will provide to ABC the services described in Attachment A. XYZ will be pleased to consider and may perform additional or alternative services but only if and to the extent XYZ acknowledges in writing its intention and undertaking to do so.

2. Confidentiality

XYZ acknowledges its, responsibility, both during and after the term of its engagement hereunder, to preserve the confidentiality of proprietary or confidential information or data developed by XYZ on behalf of ABC or disclosed by ABC to XYZ. Nevertheless, XYZ's obligation to maintain the confidentiality of any -information developed by XYZ that it maintains in its possession or. control will expire on. the third anniversary of completion of the engagement, subject to agreement by ABC, XYZ's obligation under this section 2 will not apply to information that (i) is or becomes generally available to the public (other than as a result of a disclosure by XYZ, (ii) was available to XYZ on a non-confidential basis prior to its disclosure by ABC, (iii) becomes available to XYZ on a non-confidential basis from a person other than ABC who, to the Knowledge of XYZ, is not bound by a confidentiality agreement with ABC or otherwise prohibited from transferring such information to XYZ (iv) ABC agrees that the information may be disclosed or (v) XYZ is requested pursuant to, or required by, law, regulation, legal process or regulatory authority to disclose.

3. Information

ABC acknowledges that XYZ's work and analysis will be based, to a large extent, upon information furnished by ABC or that is otherwise publicly available, and that XYZ will rely upon such information without independent verification of the accuracy, completeness or truth of such information. ABC acknowledges that XYZ will have no liability or responsibility for the accuracy or completeness of such information or for any erroneous analysis or conclusions which are based upon such information, except to the extent resulting directly from XYZ's gross negligence, bad faith or willful misconduct.

4. Nature of Relationship

ABC acknowledges that all reports opinions and advice (Written or oral) given by [XYZ to ABC in connection with XYZ's engagement hereunder are intended solely for the benefit and use of ABC. ABC agrees that no person or entity other than ABC shall be entitled to make use of or rely upon the reports, opinions or advice provided by XYZ. No such report, opinion or advice shall be used for any purpose other than as specified in section 1 or reproduced, disseminated, quoted or referred to at any time, in any manner or for any purpose not expressly permitted under section 1, without XYZ's prior written consent. ABC shall not make any public references to XYZ or uses XYZ's name in any annual reports or any other reports or releases of ABC, without XYZ's prior written consent.

ABC acknowledges that XYZ and its affiliates are in the business of providing advisory and consulting services for hire. The performance by XYZ of services for ABC as contemplated hereby shall not be (and nothing in this agreement shall be construed to) limited or restrict XYZ in performing the same or similar services for, others or otherwise from conducting its business.

XYZ will perform its services hereunder as an independent contractor and not as an agent, employee or affiliate of ABC. Any duties of XYZ arising out of its engagement hereunder are owed solely to ABC.

5. Compensation

Professional fees for this assignment will be $30,000. The cost of expenses covering travel, accommodation, disbursements, copying, data acquisition and related expenses as incurred will be $10,000. Tax will be additional if applicable.

ABC will be solely responsible for payment of, and providing documentation for, withholdings or levies of any kind which may be applicable to XYZ 's invoices to ABC. including, without limitation, VAT taxes and excise taxes. XYZ will be entitled to receive full payment, in currency of the United Kingdom and within the United Kingdom, of its invoices, without any offset or withholding of any nature whatsoever. Should this provision be determined to be unenforceable, with the effect that such a deduction or withholding is compulsory, XYZ will be entitled to retroactively adjust its invoices so that it will receive net proceeds of payment, after such deduction or withholding, equal to the amounts stated in its original invoices.

6. Compensation for Testimony

Should XYZ or its personnel be required by any person for any default of client or requested by ABC to provide documentary evidence or testimony in connection with any proceeding arising from or relating to XYZ's engagement, ABC will pay all reasonable expenses (including reasonable attorney's fees, charges and disburse merits) incurred by XYZ in complying therewith and, in addition, ABC will pay, the then customary hourly rates for XYZ's personnel for. time spent preparing documentary evidence, giving sworn testimony and preparing therefore.

7. Billing

The initial 60% of the fees are payable before commencement of the work. XYZ will provide ABC with an invoice for, the expenses and remainder of the fees on completion. Payment is due upon receipt of an invoice.

In the event XYZ does not receive payment of any invoice within 30 days after delivery of the invoice to ABC, XYZ may require ABC to pay late charges at the rate of 1.5% per month on the overdue balance, ABC will reimburse XYZ for all expenses (including reasonable attorneys fees, charges and disbursements) incurred in enforcing this agreement or collecting overdue invoices.

8. Term

Either party to this agreement may terminate XYZs engagement to perform services hereunder at any time by delivery to the other party of, written notice to that effect. The provisions of sections 2, 3, 4, 6. 7, 9, 10 and this section 8 shall survive any, such termination. Should ABC terminate the engagement prior to completion of the full scope of services contracted for, ABC shall pay the full amount of any fixed estimated, and/or contingent compensation specified in section 5. Should XYZ terminate the engagement prior to completion of the services contracted for, XYZ shall account for the expenses incurred and refund the amount not spent.

9. Miscellaneous

This letter (including the attachments referred to herein) is the entire agreement between the parties with respect to its subject matter, supersedes all prior agreements and understandings, both written and oral, between the parties with respect to the subject matter and cannot be waived, amended, otherwise modified or terminated except in writing executed by each party to be bound thereby.

10. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the India applicable to contracts made and to be performed wholly therein and without regard to conflict of principles of law.

11. Waivers

In no event shall any party to this agreement be liable to any other party for any consequential, punitive or speculative damages (including, without limitation, damages for lost profits); except that if consequential, punitive or speculative damages are awarded to a third party, the party suffering the damages shall be indemnified by the other defaulting party against such damages.

To confirm the foregoing agreement, kindly date and sign this letter in the spaces provided below and return one copy to XYZ for our records.

Yours faithfully

For XYZ Ltd.,

Vice-President

Accepted and Agreed:

For ABC Finance and Industrial Development Company Ltd

By:

Name:

Title:

Date:

Attachment A

Requirements of the Study

Attachment A

Scope of Study

The traffic study shall review, extend, revalidate the traffic studies done earlier for the [ ] airport

(i) Review the data and assumptions of the earlier study

(ii) Update passenger traffic statistics.-The demand baseline to be revised by collecting and analysing Indian passenger traffic statistics for domestic and international travel

(iii) Schedules data analysis.-An analysis shall be made of the air service levels at the time of the original forecast, and current service levels. Scheduled and charter service will be examined by route and by airline for all relevant airports

(iv) Airline service Intentions.-Discussions to be held with relevant airlines regarding their developments since the previous forecast and projected in terms of fleet development, route development, network, schedule and alliances. The impact of airport developments at ????..International Airport to be examined

(v) Economic and demographic development-The baseline assumptions for economic, population and other relevant demographic factors shall be assessed against current trends. The impact on the growth scenario has to be assessed

(vi)Cargo development.-All factors relevant to cargo development will be assessed; in particular economy/trade, air service development, development of other airports, International Airport facilities current and projected

(vii) Other Relevant Factors.-Other relevant factors shall be examined, as discussed between ABC and XYZ.

(viii)Forecast categorywise air traffic growth over the next twenty years -Domestic, International, Cargo, Aircraft Movement (by type)

(ix) Peak-hour and peak day traffic volumes.-The traffic forecasts should critically assess peak-hour/peak day traffic volume, which would be used for determining airport capacity.

(x) All forecasts shall be done for three scenarios.-Pessimistic, Moderate and Optimistic based on the relevant demand drivers. These forecasts would form the primary output of this study, and would be used by the Bidders as part of their Airport Development models

(x) Reports.-The data and reports shall be presented to the Client in the form of Printed Reports and electronic copies. All raw data shall also be included as annexures to the Reports.

ABC shall provide the Consultants any data that may be available with them. The Consultant shall have the full onus (and costs) of any visits required for meetings, discussions and collection of data. The Consultant shall also use and make available their own previous study reports and data.

5.2 It is expected that this programme of work will have the following stages:

? Initial discussion between ABC, Financers, Government Authorities

? Meeting with relevant information providers

? Data collection and analysis

? Presentation and discussion of draft report

? Finalising of report

? Clarifications to Bidders

5.5 All users of the data shall be made aware that this is a validation of previous forecasts for initial guidance and that they should undertake their own research and forecasts to support their investment decisions.

6. Time Schedule and Payment

It is stressed that the above study is to be conducted on a fast track to enable Bidder's to use the data in their time schedule. The study shall be completed within 4 weeks time from the date of award.

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Important Guidelines

Guidelines for Drafting an Agreement Between a Finance Company and a Consultant for Conducting a Survey for the Consideration of Airport Construction Proposal

This agreement is used in the aviation and infrastructure sectors when a finance company engages a consultant to conduct a feasibility survey for a potential airport construction project. It outlines the terms and responsibilities of both parties involved. Here are key considerations when drafting such an agreement:

Title and Parties: Clearly label the document as an "Agreement for Survey Consultancy Services" and identify the finance company and the consultant, including their contact information.

Scope of Work: Define the scope of the survey, including the objectives, methodology, data collection, and reporting requirements.

Timelines: Specify the survey's timeline, milestones, and deadlines for submitting reports and recommendations.

Compensation: Detail the consultant's fees, payment schedule, and any reimbursement of expenses incurred during the survey.

Intellectual Property: Address ownership and rights to the survey data, reports, and any intellectual property generated during the engagement.

Common Mistakes to Avoid:

Vague Terms: Ensure all terms and conditions are clear and specific to prevent misunderstandings about the scope and objectives of the survey.

Incomplete Information: Include all necessary details and documentation, including the survey plan and specifications, to prevent gaps or confusion in the agreement.

Failure to Seek Legal Counsel: Consult legal experts to ensure compliance with relevant laws, regulations, and potential liabilities associated with airport construction projects.

Inadequate Reporting: Specify the format, content, and frequency of progress reports and the final survey report to ensure that they meet the finance company's needs.

Ignoring Confidentiality: Include confidentiality clauses to protect sensitive project information and data collected during the survey.

In conclusion, a well-drafted Agreement for Survey Consultancy Services is essential to assess the viability of an airport construction project. By following these guidelines and avoiding common mistakes, both the finance company and the consultant can establish a productive and legally sound working relationship.

Frequently asked questions

What is the purpose of the Agreement Between a Finance Company and the Consultant for Conducting Survey for the Consideration of Proposal for the Construction of Airport?→

This legal agreement in India outlines the terms for a finance company to engage a consultant to conduct a survey evaluating a proposal for airport construction, including scope, fees, timelines, and confidentiality.

Is this agreement legally valid and enforceable in India?→

Yes, this agreement is legally valid in India if properly executed on stamp paper, signed by both parties, and complies with the Indian Contract Act, 1872. Consult a lawyer for specific compliance.

Do I need to pay stamp duty on this consultant survey agreement in India?→

Yes, stamp duty applies as per the Indian Stamp Act, varying by state (e.g., 0.1-1% of contract value). Affix appropriate non-judicial stamp paper before execution.

In what format can I download this finance company consultant agreement?→

Download this customizable legal agreement in both PDF (non-editable) and editable Word formats for easy use in India.

Can I customize or edit this agreement for my airport survey project?→

Yes, the Word version is fully customizable. Tailor clauses to your needs, but review with an Indian legal expert to ensure enforceability.

Who should use this Agreement for Consultant Survey on Airport Construction Proposal?→

Finance companies in India evaluating airport construction proposals should use this when hiring consultants for technical and feasibility surveys prior to funding decisions.