THIS AGREEMENT OF LEAVE AND LICENCE made at _________ this the___________ day of ______________ 200___ BETWEEN
M/S. A.B.C. INVESTMENTS & AGENCIES PVT. LTD., a Company registered under the Companies Act, 1956 having its office at _________ ___________________________________________________________, hereinafter called “THE LICENSOR” (which expression shall unless it be repugnant or contrary to the meaning thereof shall mean and include its successors-in-title and assigns) of the ONE PART; and XYZ LTD., having address at _________________________________________ ________________________________________________, hereinafter called “THE LICENSEE” (which expression shall unless it be repugnant or contrary to the meaning thereof shall mean and include its successors-in-title) of the OTHER PART;
WHEREAS:—
(a) The
Licensor is the absolute owner of the premises bearing No. __________ and
situate at _______________________________ (hereinafter referred to as “the
said premises”)
(b) The
Licensee has approached the Licensor with a request to allow it to make use of
the said premises by way of pure and simple Licence and without claiming any
other rights therein upon the terms and conditions appearing hereinafter.
IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES
HERETO as follows:—
1. The
Licensor hereby grants, the Leave and Licence to the Licensee to use and occupy
the said premises along with fixtures and furniture lying therein for a period
of _______ months commencing from _________________ and ending
on ____________________,
2. In
consideration of the grant of the licence to use the said premises as
aforesaid, the Licensee shall pay to the Licensor
a License fee at the rate of Rs. ______/- (Rupees
______________________________________ only) per month commencing from the ___
day of _______ 200___ (payable on or before the 10th day of every licenced
month in advance).
In the event of any delay it shall carry interest @ 15% p.a. In addition to the
said monthly compensation, the Licensee shall on or before execution hereof
deposit a sum of Rs. _________/- (Rupees ____________________________ only)
with the Licensor as interest free Security deposit for due performance of this
agreement by the Licensee. The said deposit will be returned to the Licensee
without interest and after deducting amount, if any, payable by the Licensee to
the Licensor under this agreement and only on its handing over the keys of the
said premises to the Licensor on expiry of this agreement by efflux of time or
on earlier determination of the Licence hereby granted. The Licensee shall not
be obliged to vacate the premises and pay any compensation for the use thereof
until the return of the deposit.
3. In
addition to the payment of the aforesaid licence fee, the Licensee shall also
bear and pay the actual maintenance charges, taxes, (including any increase
thereof), other outgoings and electricity charges in respect of the Licensed
premises. The said amount shall be paid by the Licensee to the Licensor within
a period of seven days from their making demand for the same failing which it
will carry interest @15% p.a. for the delayed period. The Licensee shall also
bear and pay all expenses for repairs and maintenance charges to keep the
licensed premises in good and tidy condition.
4. The
Leave and Licence granted hereunder is strictly for the use of the Licensee
during the period of the Licence period and for its Office work only. The
Licensee shall not induct any other person in the said premises or allow any
other person to use or occupy the said licensed premises or any part thereof
for any purpose. It is expressly agreed that the Licence granted to the
Licensee to use the said premises is purely personal to the Licensee and shall
in no case exclude the Licensor or its agents, servants, representatives etc.
from looking after the said premises.
5. The
Licensor shall deliver one set of duplicate keys of the main door of the said
premises to enable the licensee to enter and use of the said premises. However,
the possession of the said premises physical and judicial along with original
set of keys shall always remain with the Licensor.
6. The
Licensor shall permit the Licensee, its servants and agents against the
execution hereof, to enter the said premises. However, if the Licensee fails to
pay the various amounts to the Licensor as mentioned herein within the
stipulated time, the time being of the essence, the Licence created hereunder
shall stand determined forthwith and the Licensor will have a right to prevent
the Licensee, its servants and agents from entering the said premises for the
said purpose notwithstanding the provisions of this agreement.
7. The
Licensee shall use the licenced premises with due care and caution and shall
keep the said premises in good order and condition and upon the expiry of this
licence, the licencee shall leave the same in as good condition as they are on
the date hereof and shall make compensation for any damage done (reasonable
wear and tear excepted).
8. The
Licensee shall use the licensed premises as bare licensee only and such use
shall cease forthwith on efflux of time or upon sooner determination of this
Leave and Licence given to Licensee.
9. The
Licensee hereby covenants with the Licensor as follows:—
(a) to pay
regularly and punctually as provided hereinabove the monthly licence fee and
other amounts payable by it to the Licensor.
(b) To use
in a prudent manner the said premises for the purpose of office only and for no
other purpose whatsoever. The Licensee shall not carry on any illegal
activities in the said premises.
(c) Not to
damage any of the walls, partitions walls, flooring and ceiling of the licenced
premises or any of the Licensor fixtures, furniture, fittings and articles
therein and to keep the same in good order and condition (reasonable wear and
tear excepted).
(d) Not to
paint, affix or exhibit any name, sign symbol graph or writing or any other
thing upon or outside the said premises save and except that the Licensee shall
be at liberty to put its name board and/or name plate on the outer wall of the
said premises to indicate the location and address of the Licensee.
(e) The
Licensee shall not carry out any work of permanent alteration whether
structural or not in or about the said premises or any portion thereof.
(f) Not to
hold the Licensor responsible or liable for any loss or damage suffered by the
Licensee on account of destruction caused to or in the said premises or to any
property brought by the Licensee in the said premises either by fire, accident,
theft or otherwise or by any act of omission on the part of the occupants of
the other premises in the said property except for willful default or
negligence on the part of the Licensor.
(g) To make
good to the Licensor any loss or damage that may be caused to the said premises
and equipment or apparatus or any other fittings, fixtures, articles or
property of the Licensor therein as a result of negligence on the part of the
Licensee, its servants, employees, agents, customers, visitors and/or persons
calling at the said premises in connection with the business of the Licensee.
(h) Not to
do or permit to be done upon the said premises anything which may be or become
a nuisance to the Licensor or the other occupiers of the said premises or to
any of the neighboring premises or which may prejudicially affect the rights of
the Licensor.
(i) Not to
bring or store in the said premises any combustible or otherwise dangerous
material as may impair the safety of the building or as may increase the
premium of Insurance of the building or render void the Insurance.
(j) To
perform and observe strictly the provisions hereof and also the laws for the
time being in force and also the rules and regulations and bye-laws of the
Society and applicable to the said property in which the said premises are
situated for the time being and from time to time in force.
(k) Not to
claim exclusive possession of the licensed premises, such exclusive possession
of the said premises being with the Licensor and not to claim tenancy rights or
any other right, higher than the limited right to use the licensed premises
during the licensed period and not to claim any protection as tenant or
protected licensee under the Rent Act.
(l) To
indemnify the Licensor against any loss or damage that may be suffered as a
result of breach of any of the provisions herein contained or otherwise due to
any act or conduct of the Licensee, its staff, employees, servants and agents
leading to breach of the provisions hereof or of law or of the rules and
regulations and bye-laws of the Society or body owning the said building, as
may be in force for the time being and from time to time.
(m) To
remove itself from the said premises with all its staff and employees and all
its belongings and to restore the licensed premises to its original condition
(reasonable wear and tear excepted) and leaving the same in the hands of the
Licensor without any objection or obstruction on the termination of the licence
hereby granted.
10. In the
event of the Licensee committing default in making payment of any of the
monthly fees provided under clause 2 on their respective due dates or default
in payment of the charges mentioned in clause 3 above, the Licensor shall be
entitled to terminate this agreement by giving 15 days prior notice in writing
and upon the Licensee failing to rectify the breach within the said period.
11. The
Licensee shall under no circumstances be entitled to assign or transfer the
benefit of this agreement to any other person/s on any basis whatsoever.
12. The
stamp duty, registration charges and all incidental expenses thereof of these
presents shall be borne and paid by the Licensee alone.
IN WITNESS WHEREOF, the parties hereto
have executed this agreement, in duplicate, the day and year first hereinabove
written.
THE COMMON SEAL of the within named
)
ABC LIMITED, the Licensor, was
hereunto affixed, )
pursuant to the Resolution of
its )
Board of Directors, passed in
that )
behalf on the ___ day of ____
200___, )
in the presence of (1)
________________ )
Managing Director and (2)
__________________ )
Director, and in the presence of
______________ )
THE COMMON SEAL of the within named
)
XYZ LIMITED, the Licensee, was
hereunto )
affixed, pursuant to the Resolution )
of its Board of Directors, )
passed in that behalf, on the )
______ day of _________ 200___
in the )
presence of (1)
_____________________, )
Managing Director and
(2)____________ )
Director in the presence of
_________ )
RECEIPT
Received of and from the within named Licensee
a sum of
Rs. ________/- (Rupees _________________________________________ only) being
Security Deposit as mentioned hereinabove by cheque No._______ dated __________
drawn on _________________________ Branch.
WE
SAY RECEIVED
ABC LIMITED
(DIRECTOR/AUTHORISED
SIGNATORY)
(THE LICENSOR)
WITNESS:
1.
2.
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