1 Draft Hinjewadi Leave and License Agreement 1
1 Draft Hinjewadi Leave and License Agreement 1
LEAVEANDLICENCEAGREEMENT
BETWEEN
MR. ______________________ an adult and Indian inhabitant residing at
______________________________________________ through his Constituted
Attorney Holder M/S. TECHNOSMART FACILITY MANAGEMENT
SERVICES PVT LTD., a company registered under the provisions Indian
Companies Act, 1956 and having its registered office at Office No 1, First
Floor, Mantri House, 929/A, F.C. Road, Shivaji Nagar, Pune 411004,
which is represented by its Authorised Signatory MR. SUNIL
VISWANATHANhereinaftercalledasTHELICENSOR(whichexpression
shall unless it be repugnant to the context or meaning thereof bedeemed
to include all his heir/s, executor/s, administrator/s and permitted
assign/s)OFTHEFIRSTPART;
AND
(1) MR. ______________________, an adult and Indian inhabitant
permanent residential address is _______________________________________
& (2) MR. ______________________, an adult and Indian inhabitant
permanent residential address is ________________________________________
hereinafter collectively called as THE LICENSEES (which expression
shall unless it be repugnant to the context or meaning thereof bedeemed
to include all their heir/s, executor/s, administrator/s and permitted
assign/s)OFTHESECONDPART;
WHEREAS:
A. The Licensor has represented to the Licensees that by a duly
Registered Agreement for Sale dated _________, bearing Registration
No. _________ he/she has purchased Flat No.____ on the ____
_________ floor admeasuring _______ square feet (Carpet/Built-up
Area) approximately in Wing ___ of Building No.__ (hereinafter
referred to as the said Building) in the project known as XRBIA
HINJEWADIsituatedatNereDattawadiHinjewadiPune
B. The Licensor is seized and possessed of or otherwise well and
sufficiently entitled to Flat No. ____ (hereinafter referred to as the
LicensedPremises);
4.1. the Licensees shall pay to the Licensor, for the use of the
Licensed Premises, Licence Fee of Rs.________ (Rupees
________________________only)on7thofeverymonth;
5. Any delay in payment of any Licence Fees or any other amounts
payable by the Licensees underthisAgreementshallattractinterest
at 24 % p.a. (Twenty-four per annum) on the unpaid amounts
calculated from the due date for payment thereof, till payment in
full.
8. The Licensees shall use and occupy the Licensed Premises at its
own risk and the Licensor shall not be responsible or liable for any
theft, loss, damage, destruction etc.ofanypropertyoftheLicensees
or to any other person/s in the Licensed Premises or in the said
Building or for anybodilyinjurycausedtoanyone,whatsoevermay
bethecauseofsuchloss,damageorinjury.
9. During the Licence Period, the Licensees shall also bear andpayall
electricity charges for electricity consumed in theLicensedPremises
as per the actual electricity bills. The Licensees shall also pay
for/reimburse the telephone and other utilities bills and charges in
respectoftheLicensedPremisesduringtheLicencePeriod.
10. The Licensees shall not bring in or store upon the Licensed
Premises or any part thereof any hazardous goods or articles or
goods or articles of combustible or inflammable nature, save and
except LPG for domestic use as supplied in cylinders and/or in
pipes.
11. During the Licence Period, the Flat Owner alone shall bear andpay
all present prevailing property taxes, levies, assessments, charges,
contributions to the said Building repairs, maintenance charges,
non-occupancy and outgoings pertaining to the Licensed Premises,
whether payable, to the Municipal Corporation or any other
statutory body or authority or any person. The Flat Owner shall
bear and pay all future increase in property taxes, levies,
assessments, charges and maintenance charges during the Licence
Period.
12. In the event, service tax payable in respect of the provision of the
Leave and License under the terms and provisions of this
Agreement, then the Licensees shall immediately and punctually
reimburse the same in full to the Licensor, without delay, default
and/or any demur whatsoever. The Licensees shall indemnify and
keep indemnified the Licensor in respect of the non-payment or
delayed payment of such liabilities, without prejudice to the
Licensors right and remedies herein and in Law in respect of such
breachanddefaultbytheLicensees.
13. The Licensed Premises shall be used purely for the sake of
Residential purpose of the Licensees. The Licensed Premisescannot
be used as a guest house or service apartment or a corporate
residence.
15. During the Licence Period, the Licensees shall not create any third
party rights or induct any third party in the Licensed Premises in
anymannerhowsoever.
16. Even after the commencement of the use of the Licensed Premises
by the Licensees, the Licensor alone shall be deemed to be in
complete control and juridical possession of the Licensed Premises
during the Licence Period and that the Licensees shall at no time
whether during the subsistence of the license or thereafter claim to
be in possession of the Licensed Premises or any part thereofanda
duplicate key of the main entrance door of the Licensed Premises
shall be given by the Licensor to the Licensees and the Licensees
will not change the lock. The Licensor shall be entitled at all
reasonable times after giving reasonable prior notice in writing ofat
least 24 (Twenty four) hours to the Licensees to enter upon the
Licensed Premises for the purpose of inspecting the condition
thereof and/or ensuring that the Licensees has duly observed and
complied with all its obligations under this Agreement and is notin
breachthereof.
17. TheLicensorhasrepresentedtotheLicenseesanddeclaresthat:-
18.4. ThePartiesagreethatthearrangementhereinshallbesubject
to the provisions of the Maharashtra Rent Control Act, 1999
oranystatutorymodificationorenactmentinrespectthereof.
19. If at any time during the subsistence of this licence, the said
Building or the Licensed Premises are destroyed or damaged by fire
(not attributable to default of the Licensees), flood, tempest,
accident, earthquake or any act of God, war or due to any other
causebeyondthecontroloftheLicenseesandnotonaccountofact,
deed or omission attributable to the Licensees so that the Licensed
Premises become unfit for occupation and use then in such event,
the Licence Fee hereby reserved may be suspended until the
Licensed Premises shall have been again rendered fitforoccupation
and use, Provided that, in case of any of the foregoing events,
happenings or if for any reason which is not attributable to the
Licensees the Licensed Premises cannot be occupied by the
Licensees, then in such case, the Licensees shall have theoptionto
put an end to this Agreement by giving 30 (Thirty) days written
notice to the Licensor notwithstanding anything hereinabove
contained and receive the refund of the Deposit from the Licensor
inthemannerprovidedhereinbelow.
20. During the Licence Period, the Licensees shall use the Licensed
Premises with due care andcautionandmaintaintheinteriorofthe
Licensed Premises in proper repair and condition, reasonable wear
and tearexcepted.TheLicenseesshallnotalterorvarythefaadeof
the Licensed Premises in any manner howsoever and/or puncture
holes in the floor or ceiling of the Licensed Premises. The Licensees
shall not break any wall or install any additional door/s in the
Licensed Premises. The Licensees shall not carry out or make any
structural or permanent alterations and additions in or to the
LicensedPremisesatanytime.
24. On theexecutionofthisAgreement,theLicenseesshallpayadvance
license fee in respect of First,Tenth and Eleventh month of license
period(free of interest thereon) to the Licensor for the due
performance by the Licensees of the terms and provisions of this
Agreement(hereinafterreferredtoastheDeposit).
25. In the event, that the Licensees fails or neglects to hand over
vacant charge of the Licensed Premises including the car parking
spaces at the expiry or termination or sooner or earlier
determination of this licence, then the Licensees shall be obliged to
pay to the Licensor, pre-estimated liquidated damages to the
Licensor of Rs.500/- (Rupees Five Hundred only) per day, the
Licensees have wrongfully remained in useoftheLicensedPremises
including the car parking spaces, without prejudice to all therights
and remedies available to the Licensor (in law), to vacate, remove,
andejecttheLicenseesfromtheLicensedPremises.
27. Any clause of this Agreement may be amended and the observance
of any suchclausemaybewaived(eithergenerallyorinaparticular
instance and either retrospectively or prospectively) with (but only
with) the written consent of the parties hereto; provided however
that, no such waiver shall extend to or affect any obligation not
expressly waived or impair anyrightconsequenttherein.Thefailure
or delay of either party to insist upon strict performance of any of
the terms or provisions of this Agreement or to exercise any option,
right or remedycontainedherein,shallnotbeconstruedasawaiver
or as a relinquishment for the future of such term, provision,
option, right or remedy, but the same shall continue and remain in
fullforceandeffect.
28. Each party warrants, with respect to itself, that neither the
execution of this Agreement nor the transaction of the grant of this
licence herein shall violate any provision of law or any judgment,
writ, injunction, order or decree of any court or governmental
authority having jurisdiction over it; result inorconstituteabreach
or default under any indenture, contract, or other commitment or
restriction to which it is a party or by which it is bound; or require
anyconsent,voteorapprovalthathasnotbeengivenortaken,orat
the time of the transaction involved shall not have been given or
taken. Each party states that it has and will continue to have
throughout the Licence Period, the full right to enter into this
Agreementandperformtheirrespectiveobligationsherein.
29. The stamp duty and registration charges of this Agreement shall be
borne and paid by the Licensees alone. The parties shall pay their
respectiveAdvocates,Consultantsfees.
30. The parties hereto shall lodge the original of this Agreement for
registration withtheconcernedOfficeoftheRegistrar/Sub-Registrar
of Assurances atMumbaiandrespectivelyadmitexecutionhereofin
accordance with the Indian Registration Act, 1908. The original
registered copy of this Agreement shall be retained by and be the
propertyoftheLicensorandthecounterparthereofshallberetained
byandbethepropertyoftheLicensees.
31. Allnoticesandothercommunicationstobegivenunderthetermsof
this Agreement shall be in writing and delivered (i) by hand against
receipt, or, (ii) by Registered Post A.D, addressed to the parties as
follows:
ToTheLicensor:
Mr.___________________
_______________________
_______________________
_______________________
_______________________
ToTheLicensees:
(1) Mr._________________
_______________________
_______________________
_______________________
_______________________
(2) Mr.________________
_______________________
_______________________
_______________________
_______________________
or at such other address as is from time to time designated by the
partyreceivingthenotice.
32. The Licenseesshallbeheldjointlyandseverallyliableforallterms
and obligations under this Agreement. Joint and several liability
means that, while all Licensees are jointly liable for License fee or
compensations and all other obligations under this Agreement, at
the same time anyone Licensee may be held responsible to the
Licensor for the entire amount of unpaid License fee or
compensations or other charges or for damages owed by any
Licensee.
33. This Agreement shall be subject to jurisdiction of the competent
CourtinPuneonly.
THESCHEDULEHEREINABOVEREFERREDTO:
All that piece and parcels of premises, being Flat No.____ on the ____
_________ floor admeasuring _______ square feet (Carpet/Built-up Area)
approximately in Wing___ofBuildingNo.__(hereinafterreferredtoasthe
said Building) in the project known as XRBIA HINJEWADI situated at
NereDattawadiHinjewadiPune
SIGNEDANDDELIVEREDbythe )
withinnamedLICENSOR, )
AuthorizedSignatory, )
Mr.___________________________ )
inthepresenceof )
Mr.___________________________ )
SIGNEDANDDELIVEREDbythe )
withinnamedLICENSEES,)
(1) Mr.___________________________ )
(2) Mr.___________________________ )
inthepresenceof )
Mr.___________________________ )
RECEIPT
Witness:
Mr.___________________________