By and Between

Automate Engineering, a professionally managed organization engaged in providing Industrial Automation Solutions, Electrical Control Panels, Industrial IoT solutions, and Turnkey Engineering Projects, having its office at A-101, Malhar Pride, Shree Control Chowk, Narhe Industrial Area, Pune – 411041, Maharashtra, India (hereinafter referred to as “Automate Engineering”, which expression shall, unless repugnant to the context, include its successors and permitted assigns).

Automate Engineering delivers products, solutions and services aligned with Industry 4.0 practices, demonstrating strong commitment towards innovation, quality and customer satisfaction. The organization offers quick and cost-effective solutions supported by reliable after-sales and online support services.

And

Zeal Education Society was established in 1996 by Shri. S. M. Katkar, an eminent industrialist committed to the noble cause of education. The society runs twelve institutes from pre-primary to PhD level, catering to the educational needs of students. It is continuously expanding to cope with the growing demands in the field of technical education. Below is a list of technical institutes and management under Zeal Education Society:

1. Zeal College of Engineering and Research
2. Zeal Polytechnic
3. Zeal Institute of Business Administration, Computer Application & Research (ZIBACAR)
4. Zeal Institute of Management & Computer Application
5. Zeal Private Industrial Training Institute (I.T.I.)

Zeal Education Society having its registered office at Narhe, (hereinafter referred to as “ZES” which expression shall, unless it be repugnant to the context or meaning thereof be deemed to mean and include its trustees, successors and permitted assigns) of the other part. (Both herein after referred to individually as “Party” or together as “Parties”).

Background

Whereas, Automate Engineering, and Zeal Education Society propose to set up a Center of Excellence to build strong bond with each other and facilitate initiation of mutually beneficial activities in the field of technical, managerial and social knowledge sharing, optimization of resources, educational enhancement, expertise augmentation and become a role model for any Industries- Institutes Interaction. Now the Parties agree as follows:

Objective

To involve “Automate Engineering” and its associate Companies and “ZES” to engage in the activities of:

• Setting up of Excellence Centers at Zeal Education
• Faculty exchange
• Automate Engineering Technical Experts to share practical knowledge in the field of Technical,            IoT, Industrial Automation, Energy, Operations and Marketing for ZES
• ZES Faculty to design and arrange Soft Skill & Management Development Program (MDP) for
• To design and arrange Faculty Development Program (FDP) for ZES Faculty on latest trends and demands of
• Industrial Visits for Engineering, Diploma Engineering, ITI and Management students to an associate Company.
• Facility and infrastructure sharing for multiple usages such as:
• ZES will make available Seminar Hall, Library Area, Computer Labs to enable “Automate Engineering” to conduct training programs for their
• Placements & Internships for Engineering, Diploma, ITI and Management
• Organize workshops, conferences and symposia with joint participation of the Institute and the “Automate Engineering”.
• To arrange carrying out of projects / dissertation works in industries under joint guidance of the faculty members and “Automate Engineering”.
• To deliver sessions on subject of “Automate Engineering” choice such as industry expectation, corporate trends and promoting value-based education in technical
• Encourage our students to undertake any product research or Product Development Projects “Automate Engineering”.
• Jointly promote and sponsor social programs for society including CSR, Environment and
• Provide opportunities for employees of and associate companies to pursue post-graduation courses in ZES,
• Two days faculty training program for ZES faculties at “Automate Engineering”.
• Any other initiative, activity or program not specified above to be mutually discussed and agreed upon after due

Joint Certification: 

• On conclusion of any joint exercise, the participant will be issued a certificate of merit duly signed by both

Sharing of Facilities

After this agreement has been signed, the exercise shall be taken in co-ordination with each other in terms of: –

1. Guest lecture
2. Hands on Training
3. Career Guidance
4. Skill
5. Excellence Center

Action Plan:

• A Committee shall be formed under the joint leadership of the Head of and Director of ZES. Together they will nominate two officials each as its members. Minutes of Meeting will be
• Each institution shall designate a liaison officer to develop and coordinate the specific activities agreed
• The committee shall meet once in 3 or 6 months to plan activities, assign responsibilities, obtain internal approvals in case costs are involved and take them to a satisfactory

Terms and Conditions: 

1. Purpose – The purpose of this Memorandum of Understanding is only to express the intentions of the parties and is not intended to be legally binding on either
2. Funding –The terms of cooperation for each specific activity contemplated under this Memorandum of Understanding including costs involved shall be mutually discussed and agreed upon in writing by both parties prior to the initiation of that activity. This Memorandum of Understanding imposes no financial obligations on either
3. Responsibility – Each party recognizes that the other party has, may have or will have arrangements of a similar or different nature with other institutions during the period of this Memorandum of
4. Duration – This memorandum shall remain in effect for the period of 3 years from the date of its execution by both parties. Either Party may terminate this Memorandum of Understanding by giving seven days’ notice in writing to the other Party. The terms of cooperation may be extended beyond the terms mentioned in this Memorandum of Understanding, basis discussion and upon mutual agreement between the two

Miscellaneous:

1. Invalidity:

If any provision of this MOU, or any portion thereof, is held to be invalid or unenforceable under any applicable statute or rule of law, then that provision or portion notwithstanding, this MOU will remaining full force and effect and such provision or portion will be deemed omitted and this MOU will be construed as if such invalid or unenforceable provision or portion had not been contained herein.

2. No Waiver:

No term or provisions hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing, signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express, will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.

3. Entire Agreement:

This MOU states the entire understanding between the parties on this subject and supersedes all prior negotiations, understandings, and agreements between the parties concerning the subject matter. No amendment or modification of this MOU shall be made except by a writing signed by both Parties.

4. Independent Contractors:

This MOU shall not constitute, create, give effect to, or otherwise recognize a joint venture, partnership, or formal business organization of any kind. Neither Party shall have the authority to bind the other without the prior written approval of the other in each and every case other than as specifically provided for in this MOU.

5. Force Majeure:

Neither Party shall be liable to the other for failing to perform its obligations under this MOU because of circumstances beyond the control of such Party. Such circumstances shall include, but not be limited to, any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, disputes or differences with workmen, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer hardware, software and telecommunications failure or any events reasonably beyond the control of such Party.

6. Governing Laws:

This MOU shall be governed by laws of India.

7. Dispute Resolution:

Any disputes or differences with respect to or in relation with this MOU shall be settled by mutual Discussions of the Parties within a period of thirty (30) days. In case Parties fail to amicably settle the disputes or differences within the aforesaid period, this MOU shall stand terminated.

In witness thereof, Automate Engineering and ZES have caused this Memorandum of Understanding to be executed by their duly authorized representatives, on the date, month and year herein above mentioned.