|
MODEL FORMAT OF LEAVE AND
LICENSE AGREEMENT |
LEAVE AND LICENSE
AGREEMENT
This AGREEMENT OF LEAVE AND LICENSE made at
----- this _____ day of _____ 20-- between Mrs.
-------, adult, Indian Inhabitant, presently residing at Plot No. ----, --------
Society, -------, -----------, hereinafter called the ‘LICENSORS’ (which
expression shall, unless it be repugnant to the context or meaning thereof mean
and include her heirs, executors, administrators, successors and assigns) of
the One Part;
AND
M/s. ------- Fresh Products
Pvt. Ltd., a company registered
under Companies Act, 1956 and having its registered office at --------, --/-, ------ Road, ------, -------, -------,hereinafter
called the ‘LICENSEE’ (which expression shall, unless it be repugnant to the
context or meaning thereof mean and include its successors and assigns),
through its authorized signatory, Mr. ------
duly authorized by the board of Directors wide their resolution passed on ----,
----- 20--, of the Other Part:
WHEREAS
(a) The Licensors have represented to the Licensee
that the Licensors are seized and possessed of and are otherwise well and sufficiently
entitled to License Gala No. --, on the ----- floor, ------ Industrial Estate, --------,
-------------; free and clear of all
charges and encumbrances.
(b) The Licensors represent that they are
authorized to license the said Licensed Premise to the Licensee in accordance
with the terms and conditions of this agreement and have obtained all necessary
clearances and approvals including the approvals from the statutory
authorities, to permit the Licensee to use and occupy the Licensed Premise in
the manner contemplated herein.
(c) The Licensors at the request of the
Licensee have agreed to grant permission to the Licensee to use and occupy Gala
No.--, on the ------- floor, -------- Industrial Estate, --------, --------, -------,
admeasuring ---- Sq. ft. Carpet hereinafter referred to as the ‘Licensed
Premises’ upon terms and conditions hereinafter appearing.
NOW IT IS HEREBY AGREED BY
AND BETWEEN THE PARTIES HERE TO AS FOLLOWS:
LICENSED PREMISES AND TERM
1. The Licensors herby grants on Leave and
License to the Licensee to use and occupy Gala No. --, on the ------- floor, -------
Industrial Estate, ---------, ---------, ---------, admeasuring --- Sq. ft. Carpet
area (hereinafter referred to as the ‘Licensed Premises’) on Leave and License
basis for a period of -------- (--)
months, already commenced from -st
Day of ----- 20-- to --th -------- 20-- on a monthly license fee
as specified more specifically herein below. The Licensee has agreed for a
lock-in-period of 12 Months i.e. notice of termination of this agreement cannot
be given up till the period of first Twelve (12) Months. If Licensee gives such
notice of vacate the premises before expiry of the First -- Months then the
entire amount of Security Deposit will be forfeited by the Licensors.
2. The
Licensee shall regularly pay the monthly license fee of Rs. ------/- (Rupees: --------- Only) to the Licensors, in advance, Or on or before the Fifth (5th) day of each and every
month for the period of first -- (------) Months, and then there will be an
escalation of -% in the monthly license fees i.e. Rs. --------/- (Rupees: ------- Only) starting from -st -------- 20--
to --th ------ 20-- and for the remaining period of -- (----) months
the monthly license fees will be Rs.-------/- (Rupees ------ Only). The rent shall be paid vide cheque drawn in
favour of “Mrs. -----------”
|
Period of License |
License Fee Payable (Rs.)
per month |
Total License Fee Payable
(Rs.) p.m. |
|
--/--/20-- to --/--/20-- |
Rs. ------ |
Rs. --------/- |
|
--/--/20-- to --/--/20-- |
Rs. ------/- +--% |
Rs. ---------/- |
|
--/--/20—to --/--/20-- |
Rs. ---------/- + -% |
Rs.-----------/- |
SECURITY DEPOSIT
3.
The
Licensee agrees to deposit with the Licensors an interest free, refundable
security deposit of Rs. ---------/- (Rupees: ------ Only) on or before
Execution of this Agreement for the said period. The interest free security deposit of Rs ---------/- (Rupees ------
Only) shall be paid vide cheque/DD drawn in favour of “Mrs. ---------”
4. The Licensors doth hereby admit(s) and
acknowledge(s) having received a sum of Rs. ----------/- (Rupees -------- Only)
as interest free security deposit for the Licensed Premises vide Licensee’s
cheque/DD bearing no._______, dated ________________20--drawn on ___________________________
COVENANTS
OF THE LICENSEE
5. The Licensee is engaged in all type of
Manufacturing / selling/ reselling of
Tissue paper in the business of providing and has ensured that its
business and activities are in compliance with the laws of the land and the
Licensors shall not be responsible in any way for the same.
6. The Licensee shall promptly pay all the
charges of electricity/water/power consumed in the Licensed Premises during the
term of this Agreement as provider within the due date. The Licensee shall keep
the Licensors indemnified against all demands, penalties, cost and expenses
whatsoever against the Licensors in this regard. The Licensee shall forward to
the Licensors, copies of all receipts obtained by the Licensee evidencing
payment of the above mentioned utilities within a reasonable period.
7. The Licensee shall promptly pay all the
charges towards telecommunication facilities availed from MTNL or any other
service provider consumed in the Licensed Premises during the term of this
Agreement. The Licensed Premises during the term of this Agreement. The
Licensee shall keep the Licensors indemnified against all demands, penalties,
cost and expenses whatsoever against the Licensors in this regard. The Licensee
shall forward to the Licensors, copies of all receipts obtained by the Licensee
evidencing payment of the above services within a reasonable period.
8. The Licensee shall use the Licensed
Premises with due care and caution and shall keep and maintain the same in good
order and condition. Reasonable wear and tear expected.
9. The Licensee shall not do or permit to be
done upon the Licensee Premises anything that is illegal, immoral or which may
create or cause nuisance or annoyance or disturbance the neighboring occupants
and abide by all the rules and regulations of the society.
10.
The
Licensee shall not place or keep or permit to be placed or kept in the Licensed
Premises any offensive, dangerous, inflammable or explosive materials or any
articles or things which may constitute danger to the said Licensed Premises
and is illegal in any form as per the law of the land.
11.
The Licensee
admits and confirms that under these presents, it is merely granted license to
use and occupy the Licensed Premises and the Licensee as such agrees and
undertakes not to claim any interest whatsoever in the Licensed Premises and
not to take at any time hereafter, any plea of tenancy, deemed tenancy, sub
tenancy or any interest whatsoever in respect of the Licensed Premises. It is
being herby expressly agreed that the Licensee’s status under this agreement is
and shall be that of mere licensee and nothing more under section 24 of the -----------
Rent Control Act, 1999, as amended upto date.
COVENANTS
OF THE LICENSORS
12.
The
Licensee shall be entitled to use the Licensed Premises for the Commercial use.
Licensor and the Licensee as agreed that
in case the Licensee intending to start a new business other than the business
mentioned in clause no.5, the Licensee shall intimate to the Licensor and take
prior permission which shall not create
any hindrance to the Society.
13.
The
Licensee shall be entitled to quietly and peacefully use and enjoy the licensed
Premises without interruption and disturbance from the Licensors or any person
or from the neighboring occupants or persons claiming from the Licensors or any
person or persons claiming from or in trust from the Licensors.
14.
The
Licensors shall permit the Licensee to have access to the Licensed Premises and
carry out business during the subsistence of this Agreement.
15.
The
Licensors shall clear all dues to Tata Power for the services used in the
Licensed Premises until the date of this Agreement. In case of any dues or
arrears are presented by these authorities the same shall be cleared by the
Licensors within the due date of the presenting the same by the utility service
provider.
16.
The
Licensee is entitled to have electric connections wirings etc, within the
licensed premises altered / amended/ rectified or inserted at its own expenses
without the Licensors requiring to contribute any amount subject however to
prior permission being obtained from the relevant authorities Licensor and the
copies of the same shall be handed over to the Licensor.
17.
The
Licensee shall be entitled to apply for and obtain separate telephone lines for
which the Licensors shall give its consent and / or No Objection as required.
Obtaining the telephone / communication lines may require the concerned
authorities to provide cables through the building ducts to Licensed Premises.
18.
The
Licensors are the sole and absolutely owners of the Licensed Premises and have
the right power and authority to grant this license to the Licensee.
19.
The
Licensee paying to the Licensors the monthly license fee regularly and on
observing and performing all the terms and conditions hereof, the Licensee
shall be entitled to peacefully use the Licensed Premises during the term of
this agreement without any interruption by the Licensors or anybody claiming
under or in trust for it or otherwise howsoever.
20.
That
the Licensors represents and warrants that they are the absolute owners of the
Licensed Premises and as such are fully authorized and empowered and able to
execute this Agreement and that shall hold the Licensee free and harmless from
any demands, claims, actions or proceeding by any third person in respect of
quiet and peaceful possession of the Licensed Premises.
21.
The
Licensors agree to, allow the Licensee to fix the name board, signboard, glow
signboard inside and outside the Licensee Premises.
MUNICIPAL
TAXES
22.
It is
agreed by and between the parties that the Licensors shall bear till the expiry
or earlier determination of this Agreement the municipal, society maintenance
charges and other charges including the present
property tax, Assessment Tax to
the Government Authorities and/or such other concerned authorities and any
increment in Municipal property taxes due to Leave and License Agreement shall be paid by the Licensee. Any other tax related to the business of the
LICENSEE which the Licensee itself shall be responsible.
MAINTENANCE
23.
It is
agreed by and between the parties that the Licensors shall bear till the expiry
or earlier determination of this Agreement any and/or all maintenance charges
for the Licensed Premises.
24.
It is agreed by and between the parties that
the Licensee shall regularly liable to pay the Electricity bill and water bills
as per actual.
BREACHES
AND TERMINATION
25.
It is
agreed that if the license fees payable under this agreement remain outstanding
for a period of -- (-------) days from the due date, the Licensee shall be
liable to pay such arrears together with interest thereon @ -% per month. till
the date of payment and if such arrears remain outstanding beyond --- month,
then this agreement shall stand cancelled and terminated, and the Licensee
shall vacate themselves from the said premises immediately.
26.
It is
hereby agreed and declared that these present are granted on the express
condition that if the monthly license fee compensation or any part thereof
payable by the Licensee under these presents shall be in arrears for the space
for -- (---) consecutive months after the same have become due and payable,
whether the same shall have been demanded or not or if any of the covenants,
conditions or stipulations herein contained and on the part of the Licensee to
be observed and performed shall not be so observed or performed by the Licensee
then in such event, it shall be lawful for the Licensors or any person or
persons duly authorized by it in that behalf, to take possession of the
Licensed Premises and thereupon this contract shall terminate and the security
deposit shall stand forfeited.
27.
It is
hereby agreed that if any of the covenants, conditions or stipulations herein
contained on the part of the Licensors to be observed and performed shall not
be so observed or performed by the Licensors then in such event, it shall be
lawful for the Licensee to issue a termination notice. Also in case of breach
of terms of this Agreement the Licensor can terminate this agreement.
28.
The
Licensee shall have an option to terminate this agreement by giving -- (-----------)
days notice in writing to the Licensors of their intention to do so, provided
however that such notice shall not be given during the first ------- (--)
months of the license period. On the termination of this license period, the
licensee shall vacate and hand over vacant and peaceful position of the said
premises to the Licensors in good condition, subject to normal wear and tear
and only thereafter the license fee would cease to be payable to the Licensors.
REFUND
OF SECURITY DEPOSIT
29.
The
License shall clear all dues to Tata Power, the services used in the Licensed
Premises during the period of this agreement.
30.
The
Security Deposit above shall remain with the Licensors as Security Deposit
without interest and shall be refunded after deducting there from amounts, if
any, due from the Licensee to the Licensors, by the Licensors on the Licensee
handing back possession of the Licensed Premises to the Licensors either upon
expiry or early determination of this Agreement.
31.
If the
Licensee delays or fails to hand over vacant and peaceful possession of the
Licensed Premises on the expiry or earlier determination of the Agreement, the
Licensee will be considered a trespasser and be liable to pay a penal
compensation of equivalent license fee per month over and above the monthly
license fee till such time the Licensee is in illegal use possession of the
Licenses Premises. This penal compensation will increase at the compounded rate
of --% per month during the illegal
occupation of the premises.
32.
In
case of the Licensors failing to refund to the Licensee the amount of Security
Deposit simultaneously with the Licensee offering vacant possession of the
Licensed Premises to the Licensors on termination or sooner determination of
the Agreement, the Licensee shall continue to be in possession of the Licensed
Premises without having to pay any license fee and/or other charges and the
Licensee shall be entitled to interest @ --% per month. on the amount of
security deposit, interest will be payable till such time the security deposit
is refunded by the Licensors to the licenses. Licensee will be entitled to
interest from the date of the offering the vacant possession of the Licensed
Premises till the date of refund of the deposit.
MISCELLANEOUS
33.
The Licensors
on termination of this Agreement shall be entitled to retain with them a
reasonable sum out of the security deposit which shall be mutually decided and
agreed between the Licensors and the Licensee based on the average of three
preceding previous bills received and paid by the Licensee to Tata Power to meet
the charges for electricity and telephone etc usage consumed by the Licensee
immediately preceding the date on which the premises were handed-over to the
Licensors, for which the bills may be
raised later by Reliance Energy and MTNL etc and pay the balance security
deposit to the Licensee immediately. Further, out of the amount retained for
meeting the said obligation, balance, if any, after meeting the obligation
towards electricity charges, telephone charges shall be refunded to the
Licensee, within ---------- (--)days from the date of payment thereof by the
Licensor to the concerned authorities.
34.
Any
Stamp duty, registration or any other charges payable on this Agreement or
duplicates, currently or in future, shall be borne and shared equally between
the Licensee and the Licensors.
35.
Any
indulgence shown by Licensors to the Licensee at any time shall be without
prejudice to the strict rights of Licensors under these presents and shall not
be taken as waiver or as a precedent or ground of defense by the Licensee.
36.
Any
difference, dispute that may arise between the parties hereto in respect of
this agreement or relating to the said Licensed Premises, shall at the first
instance be amicably resolved between the parties, failing which the dispute
shall be referred to arbitration of such one arbitrator as the Licensors and
the Licensee may agree upon or otherwise two arbitrators, one to be appointed
by each party and the decision of the arbitrator or the umpire appointed by the
arbitrators shall be final and binding in accordance with the provisions of the
Arbitration and Conciliation Act 1996 or any statutory modification or
re-enactment thereof. The Arbitration proceedings will be held and conducted at
----------.
37.
The
Licensee is permitted to use existing Loft as well as make new Loft Floor in
the said premises with permission of Society and Municipal Authorities and the
cost shall be totally paid by the Licensee with the prior intimation to the
Licensor.
38.
This
agreement shall be subject to the exclusive jurisdiction of Courts at ---------
39.
Any
notice required to be served hereunder shall be sufficiently served on the
Licensee, if served by Registered Post at its office at the Licensed Premises
and shall be sufficiently served on the Licensors, if served by Registered Post
at their address written hereinabove.
THIS
SCHEDULE OF THE PREMISES ABOVE REFERRED TO:
The premises hereinabove
referred to as occupy Gala No. --, on the ------ floor, ------- Industrial
Estate, ---------, ---------, ----------, admeasuring ---- Sq. ft. Carpet area of
the building.
IN
WITNESS WHEREOF THE PARTIES HERETO HAVE SET OUT THEIR RESPECTIVE HANDS THE DAY,
MONTH AND YEAR HEREINABOVE WRITTEN:
SIGNED AND DELIVERED by the
Within named Licensors
Mrs.
-----------
In the presence of…………
WITNESSES:
1)
2)
SIGNED AND DELIVERED by the
Within named Licensee
M/s.
------- Fresh Products Pvt. Ltd.,
Through its Authorised signatory
Mr.
-----------
In the presence of……….
WITNESS:
1)
2)
RECEIPT
RECEIVED WITH THANKS FROM M/s. ------- Fresh Products Pvt. Ltd., d
a sum of Rs. ----------/- (Rupees ---------- Only) vide Cheque/DD No ___________
Dated ________________20-- Drawn on ______________ towards interest free
security deposit as per terms of this “LEAVE AND LICENCE” Agreement Dated ______
day of _____________ 20--.
I say received,
Mrs.
--------------
1.
2.
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