LICENCE
AGREEMENT
THIS AGREEMENT is made and executed on this _____________day of January 2024 BETWEEN Smt. ABC wife of Sri LMQ, by faith Hindu, by occupation Business, residing at ________________________________ , hereinafter called the LICENSOR of the one part
Sri PQR S/o SPG by occupation business at present residing at _______________________________ by faith Hindu by occupation in business residency at herein after called the Licence of the others part.
Whereas the
licensor Smt. ABC poesed of the Almirah shop at the ground floor lying situated
at 56887, Basu Road, Shop No. 29A, Kolkata - 700 601.
Whereas the
licensor Smt. ABC furnished the said Almirah shop to open A retail shop for
fancy goods, with all fitting fixture and equipment.
Whereas the licensor Smt. ABC search for
reasonable person to look after the said shop.
And Whereas Sri PQR herein the licensee
required a job.
And whereas Sri PQR
herein the licensee willing to take over said furnished Almirah Shop for
business for a period of 11 (eleven) and thereafter it will be renewed for
another two terms under same terms and conditions.
And whereas the
said Sri PQR herein the Licensee approach the Licensor for permission to use
the said Almirah shop at the ground floor for a period of 11 (eleven) months
from 1st January 2024 and the Licensor agreed to give the license for a period
of 11 (eleven) months and thereafter it will be renewed for another two terms
starting from 1st January 2024.
NOW IT IS HEREBY
EXPRESSLY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
This writing shall
never be construed as tenancy agreement or lease Nor otherwise creating any
other interest in the said Almirah shop in favour of the licensee which is not
at all the intention of the parties but on the contrary this is merely
temporary arrangement to allow the licensee to use the said Almirah shop
exclusively for running the retail shop for fancy goods under the control of
the licensor.
That the Licensee
shall pay the license fee @ Rs. 11,000/- (Rupees eleven thousand) per month
payable between 1st to 7th day of each English Calender month starting from lst
January, 2024. That the licensee shall further deposit a sum of Rs. 25,000/-
(Rupees Twenty-five Thousand) only will be kept as security deposit, and it
will be refunded after vacating the premisses. The entire deposit amount will
be free of interest.
That the License
Fee will be charged from the from 1st January 2024.
That the licensee
shall under no circumstances has the right to sublet and / or to allow any
other firm / company / person to occupy and to use the licensed premisses.
Further licensee shall not allow or lease or mutually handover any part or full
area of the licensed premisses to any of his relation or sister concern /
partner by entering into any type of agreement and this Make him / her / them
use the said licensed premisses or any part thereof without prior written
permission of the licenser.
That the licensee
shall not be entitled to do any kind of repair, addition / alteration etc, in
the licensed Premisses without prior written permission of the licenser.
However, day to day minor repairs of essential services like electricity, water
and sewage pipes etc. will be done licensee at their own cost. Any major repair
which may require to be done by the Licenser. At the time of vacating the
premises after expiry of the licensee agreement, he party of the second part
will hand over the premisses in the existing conditions as given in the layout
annexed hereto to the party of the first part.
That the licensee
will allow the licenser or his attorney / authorized representatives to inspect
the licensed premisses at any time to see the wear and tear part of the
licensed premises, if any, and to see that no other works other than the
licensed work is being carried out by the licensee for which licensee will not
be entitled in any way.
That the licenser
and licensees will be responsible for their respective assets and liabilities.
The licenser will not be responsible in any way for the losses of goods/ things
/persons of the licensee in the licensed premisses due to any reason like
theft, fire, riots, earthquake etc. and licensee will keep the same locked and
insured at his/their own costs and risks.
That the licensee
shall not claim any damages from the licenser which may be caused or suffered
by the licensee due to non-supply of necessary amenities i.e. electricity,
water etc. the event of their break down.
That no rent shall
be paid by the licensee to the licenser and this license agreement shall never
be construed as tenancy agreement / deed or lease or otherwise creating any
other interest of whatsoever nature in the licensed premisses in favour of
licensee which is not at all the intention of the parties here to but on the
contrary to a temporary deed/ agreement to grant the permission / license to
use the aforesaid licensed premisses of aforesaid premisses /building for
office purpose only for which the licenser shall always retain the actual legal
and physical possession of the licensed Almirah shop bearing no 15A, with his
along with electricity / power in the same or licenser shall always vests in
and deemed to be in his actual legal and physical possession and the licensee
has neither any right/ title not any interest of whatsoever nature to the
aforesaid properties of the licenser . Further it is mutually agreed by both
the parties i.e. licensee and licenser that this license agreement shall not
create any right / title or interest of whatsoever nature in the licensed
premisses in favour of the licensee except the licensee right and the licensee
shall always be deemed to be a licensee and shall not be considered to occupy
any other status even by implication.
The licensee shall
comply with all the laws, Byelaws, enactments, status, rules and regulations
and act in force for from time to time of the Central Government, West Bengal
Administration/ Govt. and of local bodies like KMDA/ K.M.C. Health/Pollution
Department etc. for the use of the said licensed premises and for violation of
any of the aforesaid rules, regulations, acts, byelaws etc. by the licensee, if
any penalty/ damages of any kind is imposed the entire responsibility in such
achievement will solely that of the licensee and licenser shall never be
responsible now incur any liability whatsoever. Further any damage is caused to
licenser due to the same, the licensee will pay to licenser in terms of money
for such damages/losses.
That the
subsequent wilful acceptance of this license agreement of temporary license as
in its letter and spirit by the license, in event of shop revocation of this
agreement of temporary license by licenser necessitated by any objection from
KMDA,/ K .M .C. or any other competent authorities or any other license against
the licensee present in the aforesaid building/ premisses or due to any other
reasons , the licensee shall stop immediately using the licensed premisses and
vacate the same without having any right/claim from the licenser for any of the
losses, damages or costs undergone by the licensee on account of such
instantaneous revocation of this license agreement of temporary license by the
licenser even before the expiry of this agreement.
That the licensee
hereby agrees to indemnify the licenser and keeps him indemnified against all
claims, damages, action costs and charges to which the licenser may become or
which it may have to pay or held liable thereof by reason of any injury to
person, reputation or property suffered or sustained by any worker, employee of
this licensee or arsing out any act done or got done by the licensee or due to
negligence or omission of the licensee, its servants, workers agents and
employees etc. in the aforesaid premises.
That the license
has satisfied themselves about the present rate of license fees for the
licensed premises prevailing in the locality at the time of signing this
license agreement and found it reasonable and justified.
That the Licensee
shall pay the electricity charges in due time for the electricity consumed by
It AS shown in the sub-meter for the said Almirah / shop.
That all the west
product/garbage etc. to be shifted in the nearby Municipal dustbin by the
licensee at his own responsibility and not to be thrown in the roadside, or
back space of the building which may Create nuisance and may be close sewerage
system.
That the licensee
will keep the shop room clean and safe, and all the fitting and fixtures will
be kept safe and if any damages done by the licensee that will be compensated
and /or the cost will be deducted from the licensee.
That the Licensee
shall hand over the peaceful vacant possession of the Almirah shop to the 1st
Party on completion of license period.
That if the
Licensee willing to vacate the said Almirah shop before the mentioned period three
month written notice is to be given to the Licenser and for any matter
whatsoever if the Licenser willing to vacate the Almirah shop thus terminate
the Licensee. Three-month notice is to be given by the Licensor to the
Licensee.
That the said
Almirah shop to be used in such manner that it will not create any nuisance and
or disturbance to the neighbours.
In witness both
the parties set and subscribed their respective hands on the day month and year
as mentioned above.
Witness:
Signature
of Licensor
(ABC)
Signature
of Licensee
(PQR)
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