leave and license agreement

LEAVE AND LICENSE AGREEMENT

 

E-STAMPING CERTIFICATE No: IN-DL

CERTIFICATE ISSUED DATE                   :

PROPERTY No.                                            : —,

LOCATED AT                                                —————————- Industrial Area,

Delhi-110092

LEASE FEE                                                   : Rs.1,80,000/- PER MONTH

SECURITY DEPOSIT                                  : Rs.3,60,000/-

LEASE PERIOD:                                           Three Years

STAMP DUTY                                              : Rs.________ /-

 

The Agreement is made at Delhi, on this ____ day of December 2020

 

BETWEEN

 

Mrs. Mr — ( PAN-AA——- ) W/o Mr. ———– R/o ——————–, Delhi-110092, hereinafter called the attorney of OWNER/LICENSOR (which expression shall unless repugnant to the context or meaning thereof shall deem to mean and include his/her heirs, representatives, administrators, executors, successors and assigns) of the ONE PART

 

AND

 

M/s. ————— PRIVATE LIMITED, (PAN-A———–) having its registered office at ———————————————————————————————————— DELHI-110092, through its authorized signatory Mr. ——————————————–R/o —————————————————————————————————– Delhi-110092, vide Board Resolution Dated: 10.11.2020 hereinafter called the licensee (which expression shall unless repugnant to the context or meaning thereof shall deem to mean and include his / her heirs, representatives, administrators, executors, successors and assigns)of the OTHER PART.

 

The licensor is the absolute owner and in possession of BUILT-UP GROUND FLOOR, MEASURING AREA 2500 SQ. FTS., AND BACK YARD SPACE  MEASURING AREA 1000 SQ. FTS., PART OF PROPERTY ———————————————————–INDUSTRIAL AREA, DELHI-110092, and more particularly described in the Schedule hereunder written and hereinafter referred to as the said premises or the said Property.

The Licensee needs commercial premises for business and has approached the Licensor which the Licensor has agreed to give on leave and license the said premises for a period of three (3) Years effective from 01/01/2021 to 31/12/2023 on the terms and conditions hereinafter appearing.

( leave and license agreement format )

NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-

  1. That the Licensor hereby grants to the Licensee on Leave and License basis to use and occupy the said premises for a period of three (3) Years commencing 01/01/2021 to 31/12/2023 for Commercial/Industrial purpose of the Licensee and no other purpose in the manner hereinafter appearing in clause (2) below. The Parties agree that the first one year i.e. from 01.01.2021 to 31.12.2021 of the Rent Period shall also be considered as the Lock-in Period for this Deed, during which period none of the parties shall have the right to terminate this Deed, save and except under the specific circumstances set out in this Deed. Notwithstanding what is stated herein below in this Deed, from the end of the lock-in period, i.e. from 31.12.2021, the licensor and the licensee have the right to terminate this deed by giving 3 months (90 Days) prior notice to either of the opposing parties.
  2. The Licensee shall use the said premises for Commercial / Industrial and no other purpose whatsoever.
  3. The Licensor shall be deemed to be in Judicial possession of the said premises and the Licensee will be in use of and in the occupation of the said premises as more Licensee, it being the intention of the parties hereto that the exclusive possession of the said premises shall vest in the Licensor alone.
  4. It is expressively agreed and declared that no tenancy rights nor any right, title, or interest like tenancy nor any other interest whatsoever are hereby created or intended to be created by this agreement in favor of the licensee.
  5. The Licensee shall pay to the Licensor a license fee of Rs.1,80,000/- (Rupees One Lakh Eighty Thousand Only) per month and a 5% license fee will be increased after the expiry of every one year.

 

RentPeriod
Rs.1,80,000/-01/01/2021 to 31/12/2021.
Rs.1,89,000/-01/01/2022 to 31/12/2022.
Rs.1,98,450/-01/01/2023 to 31/12/2023.

 

  1. The Licensee shall make the payment of such compensation to the Licensor without any deduction of any kind whatsoever on or before the 10th day of every calendar month in advance by cheque or demand draft in favor of the licensor. The Licensee delay to give the monthly rent from the 10th day of Each English Calendar month then he will have to pay Rs.1,000/- per day penalty to the Licensor.
  2. During the term of the licensee hereby granted the Licensee shall keep deposited with the licensor a sum of Rs.3,60,000/-(Rupees Three Lakhs Sixty Thousand Only) and by way interest-free security deposit for the due fulfillment of the terms and conditions of this agreement. The security deposit shall carry no interest and shall be refunded by the licensor to the licensee on vacating and handing over quiet and peaceful occupation/possession of the said premises to the licensor on the expiry of the license period or its earlier/sooner security deposit such amount being the amount towards outstanding bills and as costs, damages, losses, caused to the said premises by the licensee during her occupation of the said premises towards such expenses that would be required to restore the said premises towards such expenses that would be quantified by an Architect or mutually agreed, upon and both the parties hereto undertake to agree to the same.
  3. All changes in respect electricity or power consumed on the said premises shall be paid by the licensee and other charges for the incidental to the use and occupation of the said premises, e.g. Cable T.V. Charges, telephone bills, Water bills, PNG Gas Connection for commercial Use, etc. to the concerned authorities directly.
  4. The Licensor shall pay the Municipal taxes and also all property taxes, cess, assessments, and other impositions, duties, etc., to the concerned local authorities as and when levied by them for and during the continuance of this agreement.
  5. The licensee shall keep the interior of the said premises and the floors, walls, ceiling, doors, windows, electricity installations, condition reasonable wear and tear and damage by fire, tempest, and acts of God excepted, and shall repair, make good or replace any damaged or breaking caused to the same or any part there for All major repairs on the said premises shall be carried out by the Licensor promptly as and when required.
  6. That in case the licensee wants to terminate the lease deed or vacate the premises before the stipulated period, the same can be done with three months prior notice.
  7. The licensee and/or any person or behalf of the licensee shall not change any built-in lock(s) or make any alteration or additions to the construction or arrangement (internal or external) of the permanent nature in the said premises. It is specifically understood that on expiry of this agreement or its earlier/sooner determination as provided herein the Licensee shall at their cost restore and handover the said flat / premises in the said condition as it has been given to the Licensee on the commencement of the License hereby granted and this is the essence of this agreement. The licensee shall bring her own furniture and the goods in the said premises.
  8. The Licensee shall not keep or store in or upon any part of the said premises and goods of combustible, hazardous or explosive nature except goods of such nature as are required for household use and care and permitted by the law not to do or suffer to be done on the said premises anything which shall invalidate or make voidable or increase the premium payable on the policy or policies or insurance for the time being in force in respect of the building in which the said premises is situated.
  9. It is expressly agreed by and between the parties hereto that this agreement is only for a period of Three Years, commencing from 01/01/2021 to 31/12/2023. The license shall automatically stand terminated on the expiry of the period as stated above and it shall not be necessary for the licensor to give a notice for termination. The licensee upon such termination shall handover vacant and peaceful occupation/possession to the licensor.
  10. That the license to use the said premises is being granted to the licensee on a personal basis and the licensee shall not be entitled to transfer, assign, sub-let under-let grant any license in respect of or part with possession of the said premises or any part thereof.
  11. The licensee and her family members and servants, if any, shall observe and perform all the terms and conditions/bye-laws applicable to the said premises. The Licensee shall also observe all the municipal and Society laws, rules and regulations, and bye-laws as applicable in respect of use and occupation of the said premises.
  12. If the compensation for the said premises payable hereunder or any part thereof shall remain unpaid for a period of 10 days after the same has become due (whether demanded or not) or any cheque issued by the licensee to the licensor is dishonored for whatever reason or if any of the terms and conditions herein contained are not performed or observed then and in any of the said event, it shall lawful for the licensor or any of the person or persons duly authorized by him to forthwith terminate/and revoke the license hereby granted by giving written notice of ten days and thereupon the licensee occupying the said premises shall remove themselves with all their belongings from the said premises and shall handover quiet, peaceful and vacant occupation/possession of the said premises to the licensor or his authorized representative.
  13. The Licensor shall not responsible for any damage that may happen to the person or property whatsoever to the licensee her family members, servant, visitors, invitee, and other persons using the said premises for the time being by fire, rain, floods, leakage, bursting of water or electric wires, casting or tube or other installation in our about the said premises or by the giving way of any portion or portions of the flooring, walls, roof, ceiling or any other part of the building or from any cause whatsoever.
  14. Upon expiry of the license hereby granted or early termination of the license hereby created or sooner determination thereof, the licensee shall for with remove herself and her family members together with their furniture fixtures and belongings and shall for with handover quite vacant and peaceful occupation/possession of the said premises to the licensor and the said premises after the expiry, termination and /or the determination of the license then and in that event the licensee, shall do so as a trespasser and will be liable to legal proceedings AND IT IS HEREBY agreed that until the vacant occupation of the said premises is handed over to the licensor as aforesaid, the licensee shall be bounded and liable to pay to the licensor a sum of Rs.10,000/-( Rupees Ten Thousand Only ) per day as and by way of agreed compensation damages for the wrong occupation of the said premises.
  15. It is expressly agreed by and between the parties hereto that it before the completion of the terms under this agreement, either party desirous of terminating this agreement shall be at liberty to terminate the license hereby created without assigning any reason thereof by giving at least three months notice after lock-in-period in writing to the other party or on payment of equivalent/proportionate compensation.
  16. That licensor shall have the right to terminate the agreement on breach of any of the conditions mentioned without prejudice to his right to relies on all arrears due.
  17. The licensee shall allow the licensor and or his agent at a reasonable time to inspect the said premises with prior notice or 15 days.
  18. Notwithstanding anything stated therein it is clearly understood and agreed between the parties hereto that the agreement can be revoked by the licensor prematurely if any legislation/notification prohibiting or restricting Leave and License permission comes into
  19. force or any tax/levy increases abnormally by local authorities for giving the flat on leave and license basis
  20. That the Licensee shall the premises in question according to the rules and regulations and bye-laws issued by the local authority. However, should any tax/penalty be imposed by any other authority for infringement of their rules, regulations, or bye-laws by the licensee during the period of License, the same shall be contested by the licensee at his own cost and pay the same if finally levied?
  21. It is agreed between the parties that the original agreement shall be retained by the licensor and the licensee shall keep a copy of this agreement.
  22. Any dispute about this agreement shall be subject to the jurisdiction of courts in Delhi only.
  23. That is the case both the parties have agreed to extend the period of license deed for a further period then they will sign a fresh lease deed with new terms and conditions.
  24. That the Licensor is the absolute owner of the above-said premises under Conveyance Deed executed on 00/00/00, duly registered as Document No.—-, Book No.-, Volume No.—-, on pages — to –, dated 00/00/0000, with the office of S.R.IV, Seelampur, Delhi.

 

IN WITNESS WHEREOF, the parties hereto have executed this present on the day, month, and year first above written in the presence of following witnesses:-

( leave and license agreement format )

FIRST SCHEDULE AS REFERRED ABOVE

PROPERTY NO.–, ————————————– INDUSTRIAL AREA, DELHI-110092.

SIGNED SEALED AND DELIVERED

By the within named LICENSOR.

SIGNED SEALED AND DELIVERED

By the within named LICENSEE.

 

   AND

 

In the presence of:-

 

WITNESS NO.1                                                     WITNESS NO.2

 

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