Professional Documents
Culture Documents
Leave and License Agreement
Leave and License Agreement
This Leave and license Agreement is made and executed at (Name of City & State) on
this ----- day of --------, 2015
Between
(Name of the property owner & address) having PAN Number -----------(herein after
referred to as “The Licensor “(which expression unless it be repugnant to the context of
meaning thereof shall mean and include his respective legal heirs, executors,
successors, administrators and assigns ) of the ONE PART
AND
(Name & address of licensee) having it’s registered office (Full address with city & state)
having PAN No ------------- (hereinafter referred to as “The licensee” which expression
shall mean and include unless repugnant to the context or meaning thereof its
successors in interest and permitted assigns) represented by (Name & designation of
Authorized person) of OTHER PART.
WHEREAS:
A. The Licensor is the Owner and is absolutely seized and possessed of the
Premises at (Postal address of the property with measurement) more specifically
described in Schedule and hereinafter referred to as the “said Premises”
B. The licensee have approached the licensor to grant the said premises on Leave
and license basis which the Licensor has agreed to give on license on the terms
and conditions mutually agreed upon by and between the Parties.
C. The parties hereto are desirous of recording the said terms and conditions in the
manner hereinafter appearing.
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1. GRANT OF LICENSE
The licensor hereby grants to the licensee and the licensee hereby accepts from
the licensor a license to use and occupy the Licensed Premises.
2. PERIOD OF LICENSE
The Licensed Premise shall be given on license for a period of (License period
in figure & words) along with provided parking space(s) commencing from the
-------------- and ending on -----------at the monthly license fee subject to
deduction of tax at source, in the manner hereafter appearing in Clause 3
hereof.
3. COMPENSATION/LICENSE FEES
The licensee shall pay to the Licensor a sum of Rs. --------/- (Rupees --------------
Only) per month subject to annual addition/rise @ 5% per renewal. The license
fee and/or compensation shall be paid on or before 05 th of every month in
advance subject to deduction of tax at source. In case of any delay, Licensee
shall pay 2% per month as a penalty charges/delay charges to Licensor over &
above License Fee. But such delayed payment of License Fee should not occur
continuously for 2 (Two) months.
It is agreed and understood by and between the parties hereto that the license
fee and/or compensation payable by the Licensee to the Licensor shall for all
purpose be deemed to be standard license fee and/or compensation payable in
respect of the Licensed Premises and the Licensee shall not make any
application to any Court of Law or before any Forum or before any Authority
challenging the said compensation payable in respect of the Licensed Premises
and any such action shall be taken as a breach of this Agreement entailing the
consequences as hereafter set out. The said Premises do have furniture and
movable goods which is Annexed to this Agreement as Annexture-1.
4. TAX DEDUCTED AT SOURCE
“The licensee” shall pay License Fees on monthly basis after deducting
applicable Tax At Source. After deducting applicable Tax Deduction at Source
from Licensee Fees, “The licensee” shall submit Tax Deducted at Source
Certificate on quarterly basis to “The Licensor”. In case “The licensee” fails to
submit the same on quarterly basis, “The Licensor” shall have liberty to deduct
such amount from Interest Free Security Deposit.
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5. SECURITY DEPOSIT
The licensee has paid an interest free refundable deposit of Rs.-----------/-
(Rupees ----------------- Only) to licensor towards security deposit and the same
shall be refunded on the date of expiry of this Agreement / termination of the
Agreement as provided in Clauses 15 and 16, after deducting any unpaid
electricity bills if any. The security deposit shall be refunded by way of demand
draft in favor of the Licensee on the aforesaid date.
6. FAILURE TO REFUND SECURITY DEPOSIT:
In the event of failure on the part of the Licensor to refund the Security deposit
to the licensee on the date of termination of or expiry of the Agreement as
specified in clause 4, the Licensee shall, until the Licensor refunds the Security
deposit be entitled to continue to use, occupy and remain in occupation of the
licensed premises without payment to the Licensor of any license Fee /
compensation until the licensor refunds the Security Deposit to the licensee and
such staying over by the licensee in the licensed premises shall not constitute a
default or trespass by the Licensee under the Agreement. The Licensor shall
also liable to pay the Licensee interest at the of 24% per annum from the date of
Licensee was ready and willing to hand over the possession of the said
premises to the Licensor till the date of actual payment of the Security Deposit
amount.
7. PAYMENT OF TAXES AND OUTGOINGS
It is agreed by and between the parties hereto that municipal taxes, cess, dues,
duties, impositions and outgoings payable in respect of the Licensed Premises
including society charges as also all increases and additional taxes in respect of
the Licensed Premises shall be borne and paid by the (Licensor/Licensee). All
new taxes introduced by yearly budgetary taxes or by way of any act, order,
notification or ordinance whereby any fresh or new municipal taxes, cess, dues,
duties, impositions, and outgoings becomes payable and are imposed by the
Corporation or by any other Government body or authority in respect of the
Licensed Premises the same shall be borne and pay by the (Licensor/Licensee)
alone.
8. OTHER CHARGES
The Licensee shall pay directly all charges for electricity attached with “said
Premises” in the said Premises as per their respective bills of the month on
actual basis timely. The “said Premises” is having permanent electricity
connection No. (Number with name of electricity supplier). The Licensee shall
make all the monthly payments timely. In case of non-timely payment to
(Electricity Provider) by Licensee and disconnection of electricity supply,
Licensee shall bear all the charges for restoration electricity supply.
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9. REPAIRS
The Licensee shall keep and maintain the said premises in good condition and
shall repair and make good at its own expenses & shall not claim it from
Licensor or shall not deduct the same from License Fee any minor damages to
the premises cause by any fault of the Licensee. However, in case of any major
repairs like electricity line problem, repair for leakage, bursting of water pipes,
major structural damages like crakes in the wall, ceiling and other repairs of
same nature, the same will be carried out by the Licensor at his own cost and
Licensee without causing any inconvenience to the Licensee. In case any such
major repair is not undertaken within 7 days of notice of the Licensee to the
Licensor, the Licensee may make good the major repairs and debit the cost of
the same to the Licensor. The Licensor acknowledges there will be normal wear
and tear of the said premises and Licensee shall not be liable for such wear and
tear.
10. ALTERATION
The Licensee shall not carry out any civil structure, additions, alterations or
variations in the said premises without the prior written consent of the Licensor.
However, Licensee shall be at liberty to have extra fittings in the said Premises,
removable partitions, installation of telephone, air conditioners, water coolers, or
other house hold fittings at its cost without causing any damages to the said
Premises.
11. REASONABLE USE / CARE
The Licensee shall use the said premises for normal office purpose only. The
licensee shall not suffer to be done anything whereby the Licensor’s right to hold
the said Premises is rendered void, forfeited or extinguished. The Licensee
hereby agrees with the Licensor that it will not do or permit to be done upon the
said Premises anything which may or cause nuisance and/or annoyance to the
other occupants of the said building. The Licensor shall not store any hazardous
or inflammable articles.
12. NO OTHER RIGHTS
It is agreed the licensee to use the Premises on Leave and License basis
hereby granted is a bare, a personal, non-assignable, and non-transferable
permission. Nothing herewith contained shall be construed as creating any right,
interest, easement, tenancy or sub-tenancy in favor of the Licensee in over or
upon the said Premises or any part thereof or transferring any interest therein in
favor of the Licensee. The Licensee shall not create any sub-license or third
party rights or induct any third party or part with the use of the said Premises in
any manner whatsoever.
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13. INSPECTION
The Licensor or his authorized agents shall be entitled during the term of this
Agreement to enter upon the said Premises at reasonable times of the day upon
giving not less than 48 (forty eight) hours prior notice in writing, for the purpose
of inspecting the condition thereof and/or ensuring that the Licensee has duly
observed and complied with all its obligations under this Agreement.
14. IDEMNITY
Licensor shall indemnify and keep the Licensee indemnified by or from and
against all actions, suits, proceedings, costs, charges, expenses, losses or
damages or other liabilities brought against or incurred or suffered by or caused
to the Licensee on account of any non-observance, non-performance of the
terms and conditions of this Agreement, any action against Licensee by any
Government or semi-government authority or by any third party whatsoever
concerning this Agreement.
In the event of any dispute or difference arising between the Licensor and the Licensee
hereto concerning or relating to these presents or the interpretation or effect of any
provisions thereof or relating to the liability or obligation on the part of any of the parties
hereto, the same shall be construed/resolved mutually. The decision so arrived shall be
bind for both the Parties.
Licensee shall bear all the legal fees/costs pertaining to this Agreement.
21. HEADINGS:
The headings used in this Agreement are for convenience of the parties only and shall
not be considered in interpreting the meaning of any provision of this Agreement.
ANNEXTURE-1
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SCHEDULE
On the East : .
On the West : .
On the North : .
On the South :
IN WITHNESS WHEREOF the parties hereto have hereunto set and subscribed their
respective hands the day and year first here in above written.
Represented by
n the presence of
WITHNESS
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RECEIPT
RECEIVED A SUM OF RUPEES -----------/-(RUPEES ---------------- ONLY) AS INTEREST
FREE SECURITY DEPOSIT FOR LEAVE AND LICENSE AGREEMENT DATED ---,
-------------, 2015.
I SAY RECEIVED
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(LICENSOR)
WITHNESSES:
1.
2.