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Leave and License Agreement
Leave and License Agreement
1. GRANT OF LICENSE:
The Licensor hereby grants to the Licensee a non-transferable license to use and
occupy the Premises during the term of this License Agreement for its business
purpose for a term of 36 months. The Licensor has full authority to deal with the said
Premises and grant the license thereof to the Licensee. The Licensee shall also be
entitled to use all the common areas, facilities and amenities appurtenances and
incidental to the said Premises provided in the building in which the said Premises is
situated
For allowing the use and occupation rights of the said Premises and its
appurtenances / facilities as Licensee thereof, the Licensee shall pay to the Licensor
a monthly license fee as under:
after deducting tax at source as per the Income Tax Act 1961 or any other applicable
laws in force from time to time during the subsistence of the term of this License
Agreement. The Licensee shall be granted by the Licensor the quiet, peaceful and
uninterrupted occupation and use of the Premises for the entire LICENSE TERM,
unless terminated earlier in accordance with this license Agreement.
2. LICENSE TERMS
The month of the license shall be as per the English calendar month.
The License Agreement shall be operative and in force and effect for a period of 12
months commencing from ____________________ (the “effective Date”) up till
________________________(hereinafter referred to as the “License Term”).
3. RENEWAL
Renewal at the end of the LICENSE TERM shall be at the option of both the parties.
In the event, the Licensee intends to exercise its option to renew this License
Agreement, the Licensee shall give to the Licensor a notice in writing of its intention
so to renew this License Agreement. Such notice shall be deemed to have been
served on the Licensor by the Licensee unless a notice of intention to vacate the
Premises is given in writing by the Licensee to the Licensor three months prior to
expiry of the License period or termination. In the event the Licensee has exercised
its option to renew this License agreement as specified herein above; the Licensor
shall execute a fresh License Agreement in favour of the Licensee at the cost and
expenses of the Licensee. All such further / fresh License Agreement and the
renewed License transaction shall be completed within a period of thirty (30) days
from the date of expiry of the LICENSE TERM under this License Agreement and in
such interim period the Licensee shall be allowed to continue to occupy the premises
as the licensee thereof.
4. SECURITY DEPOSIT
The Licensee has deposited and paid to the Licensor, as refundable interest free
security deposit for due observance and performance of the terms and conditions of
this License Agreement, being a sum of Rs. __________________ (Rupees
_______________) receipt of which the Licensor namely ‘___________________’,
does hereby acknowledge. The Security Deposit shall be refunded by the Licensor to
the Licensee after deducting any dues towards unpaid electricity, telephone,
broadband connectivity bills etc. at the time of vacating the Premises on the expiry of
this License Agreement by efflux of time or on its sooner determination / termination
as provided herein.
It is agreed by and between the Parties hereto that on the expiry of this License
Agreement or on expiry of any renewal thereof either by efflux of time or earlier
determination or termination thereof due to any reason whatsoever as provided in
this License Agreement, the Licensor shall refund without interest the Security
Deposit (as mentioned in para 6 above) to the Licensee simultaneously with the
Licensee removing itself using the Premises and vacating the Premises and giving
charge thereof to the Licensor (reasonable wear and tear, damage/ loss to /
destruction of the Premises due to a force majeure event not caused by the willful
neglect on the part of the Licensee and anything else beyond the control of the
Licensee excepted).
In the event the Licensor does not refund the said Security Deposit to the Licensee
in full, at the time of receiving vacant possession of the Premises upon the expiry of
this License Agreement or any extended period thereafter or on its earlier
determination by the Licensee, then The Licensee shall (without prejudice to any of
its other rights and remedies available in law), not be obliged or bound to vacate and
give charge of the Premises to the Licensor and the Licensee shall be entitled to use
the said premises without being liable to pay any license fee or damages to the
Licensor until such time as the Licensor does not refund to the Licensee the Security
Deposit in full, and in addition.
5. REPAIRS
The Licensee agrees to undertake all day-to-day minor repairs within the Premises.
In case of any major repairs such as leakage/seepage or bursting of sanitary pipes
or any damps to the structure, the licensor shall repair the same within a
reasonable period at the Licensor’s own cost. The Licensee shall maintain and
upkeep the premises, furniture, window, flooring and toilets.
In the event the Licensor fails to take steps to repair and /or maintain the Premises
within fifteen days of receipt of written notice from the Licensee or in case any
emergency or imminent danger arises from such damage, the Licensee may repair
the same at its own cost and reimburse itself by producing authentic bills, sum of
which shall be verified by the Licensor from the other contracting agencies.
In case the Licensor fails or neglects to pay any taxes or out goings, regarding the
Premises, the Licensee may at its discretion but without being bound to do so, pay
the same and the Licensor shall reimburse the same to the Licensee within 30 days
from the receipt of documentary proof of payment being made by Licensee.
7. LICENSEE’S CONVENANTS:
The Licensee hereby covenants with the Licensor as follows:
(a) That the Licensee will, during the continuance of this License Agreement pay
to the Licensor the License Fee as mentioned herein before without
committing any default and that such payment will always be subject to
deduction of tax at source, if applicable.
(b) The Licensee shall use and occupy the Premises as its residence only
(c) To use the Premises with due care and caution and to keep and maintain the
same in good order and condition similar to the quality when first occupied.
(d) To promptly pay all charges of electricity consumed in the Premises during
the LICENSE TERM based on the meter reading specifically attached to and
assigned to the Licensee for the Premises and/or actual bills received by the
Licensee.
(e) To observe and perform all the rules, regulations and bylaws for the time
being in force as per the law of Government of Maharashtra or any other
statutory body.
(f) Not to do or permit to be done upon the Premises anything, which may be a
nuisance and annoyance to the other occupants of the other premises or
anything of an illegal nature.
(g) On the termination / expiry of the LICENSE TERM or any renewal thereof, the
Licensee shall deliver the Premises in such order and condition as is
consistent with the terms, covenants and conditions on the part of the
Licensee herein contained save and except normal wear and tear and any
damage to the Premises by fire (unless the fire has occurred due to
negligence of the Licensee), riots, earthquake, storm, war, terrorism, labour
unrest, civil commotion, acts of God and other conditions over which the
Licensee has no control.
(i) The demure possession of the Premises shall always remain with the
Licensor and the Licensor shall have full charge and control over the
Premises and access thereto at all reasonable working hours with the
Licensee’s prior permission. The Licensee shall hand over the set of duplicate
keys of the Premises to the Licensor on expiry or earlier determination of the
License Agreement. Notwithstanding anything herein contained, it is hereby
expressly agreed and declared that neither any tenancy rights nor any
leasehold right or interest in the nature of tenancy or sub-tenancy nor any
other interest in the Premises what so ever except the permission to
exclusively use and occupy the Premises as a mere licensees as herein
granted is created or intended to be created by this License Agreement in
favour of the Licensee. The Licensee hereby declares that the Licensor has
entered into this License Agreement on the assurance hereby given by the
Licensee that the Licensee or any other person claiming or deemed to claim
under it has no intention of claiming and will not claim any leasehold or
tenancy rights to the Premises other than the permission hereby given to
exclusively occupy and use the Premises as a bare licensee during the
LICENSE TERM and the Licensee shall not claim any other right whatsoever,
and shall be governed by the terms and conditions for the AGREEMENT
alone.
(j) The Licensee shall use and occupy the Licensed Premises at their own risk
and the Licensor shall not be responsible or liable for any theft, loss, damage,
destruction etc. of any property of the Licensee or any other person or to them
in the said Licensed premises or in the said building or for any bodily injury,
fatal or otherwise caused to anyone, whatsoever may be the nature of such
loss, damage or injury.
8. LICENSOR’S COVENANTS:
The Licensor hereby covenants with the Licensee and represents, warrants and
holds out as under:
Quiet Enjoyment:
The Licensor covenants with the Licensee to permit the Licensee to peacefully and
quietly hold and enjoy the Premises without any interruption or disturbance from or
by the Licensor or any person claiming under or in trust for the Licensor during the
LICENSE TERM and for such extended duration till the termination, as per the terms
of this License Agreement.
The Licensor hereby indemnifies and agrees to keep indemnified the Licensee saved
defended and harmless from and against all and any costs, expenses, charges,
outgoings and damages at all times arising out of any suit, eviction, action, claim or
demand whatsoever arising by reason of the Licensee relying upon the aforesaid
covenant of the Licensor or otherwise.
Full Power and Authority:
That the Licensor is the absolute and lawful owner of the premises and has good
and valid power, right and authority to grant the License hereby created in favour of
the Licensee and that the Premises are free and clear of any mortgages,
encumbrances, liens or charges.
No Litigation:
That there is presently no claim, action, litigation, arbitration or other proceeding
pending against the Licensor relating to the Premises or the transaction
contemplated hereby.
Indemnity:
The Licensor hereby indemnifies and agrees to keep indemnified the Licensee saved
defended and harmless from and against all and any costs, expenses, charges,
outgoings damages and risks at all times arising out of any suit, eviction, action,
claim or demand whatsoever in relation to the titles of the Premises and all
covenants, representations and warranties made by the Licensor.
Upon the expiry / termination of the LICENSE TERM the Licensee may leave behind
fixed improvements like internal ducting and wiring, bathroom fittings etc. on the date
of handing over the Premises to the Licensor. The Licensor agrees and confirms that
the Licensee shall, at all times during the period of the License Agreement be
entitled at its own expense to, renovate, alter and add to the Premises or any part
thereof or in the areas appurtenant to the Premises, in accordance with all laws and
with prior permission of the Licensor; provided however such, renovation or
alteration does not adversely affect the Premises in any manner whatsoever subject
to reasonable wear and tear. The Licensee will not put up any permanent structure
internally or externally in the Premises without the express written consent of the
Licensor.
Name Board:
The Licensee may display name boards at the entrance of the Licensed Premises or
on the outer windows during the LICENSE TERM in accordance with the rules and
regulations at their own cost and expense. Any fees present or future pertinent
thereto to be paid to any statutory authorities shall be paid by the Licensee.
10. TERMINATION
The Licensor and the Licensee has option of terminating this agreement only after
the expiry of the first term of 12 months from the date of commencement of this
License Agreement (the said period is Lock In Period for both the parties). In case
any party, serves notice before the expiry of the said Lock In Period except for notice
served for default/ breach, the party serving the Notice, should reimburse the other
party, liquidated damages equivalent to License fees of the balance period of the
Lock In Period, calculated herein before.
Both the parties are entitled to terminate this license agreement before the expiry of
the license term (but after the completion of lock-in period) subject to serving of
notice to each other in 4 month advance before the date of vacation of premises.
In the event of default by the Licensor in respect of any of the covenant contained
herein including misrepresentation, suppression of material records or breach of any
terms of this License Agreement, the License Agreement may be terminated by the
Licensee by giving 30 days written notice of the same to the Licensor.
The Licensor shall be entitled to terminate this Licensee Agreement only if the
Licensee commits a material breach or default of the terms and conditions of this
License Agreement. However, in that event any material breach noticed by the
Licensor will be brought to the Licensee’s notice in writing in the prescribed manner
by giving a month notice to verify and rectify the breach. In case the Licensee fails to
rectify the breach within this period, the Licensor will be entitled to terminate the
license by giving one months notice to the Licensee in writing and the Licensee shall
vacate and hand over peaceful and vacant possession to the Licensor within
reasonable period of time.
The Licensor shall not in any manner deal with or dispose of the Premises or any
part thereof or their interest therein during the continuance of the LICENSE TERM to
or in favour of any person except after informing such transferee of this License
Agreement and so that the rights of the Licensee hereunder are not prejudiced,
jeopardized or adversely effected. In the event that the Licensor deals with or
disposes or sells or transfer the Premises or any part thereof or any interest therein
during the continuance of the License Agreement to or in favour of any person or
entity, the Licensor shall cause the transferee to execute the License Agreement
with the Licensee on the same terms and conditions as set forth herein.
11. JURISDICTION:
Any dispute relating to this License Agreement shall be subject to jurisdiction of
Courts at Mumbai.
12. AMENDMENT:
No modifications or amendments of this License Agreement and no waiver of any of
the terms or conditions hereof, shall be valid or binding unless made in writing and
duly executed by both Parties.
13. WAIVER
No waiver or acquiescence of any breach, or any continuing or subsequent breach of
any provision of this License Agreement shall be construed as a waiver of any right
under or arising out of this License Agreement or acquiescence to or recognition of
any right and/or any position other than that expressly stipulated in the License
Agreement.
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2. _____________________
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