LEAVE AND LICENCE AGREEMENT
AN AGREEMENT OF LEAVE AND LICENCE made at Mumbai this ____ day of DECEMBER 2015 BETWEEN MITESH LILADHAR SHAH adult Indian inhabitant of Mumbai having residence address at C 602, N G GARDEN INSIDE GAURAV GARDEN, BANDERPAKHADI ROAD, KANDIWALI WEST, MUMBAI 400 067, hereinafter called the “THE LICENSOR” (which expression shall, wherever the context so requires or admits, mean and include their legal heirs, executors, administrators and permitted assigns) of the ONE PART,
AND (1) BHARTI BHUPENDRA SHETH Adult, Indian inhabitant, having residence address at A 2/7, ISHWAR BHUVAN, PODDAR ROAD, MALAD EAST, MUMBAI, 40009, hereinafter called “THE LICENSEE” (which expression shall, wherever the context so requires or admits, mean and include their legal heirs, executors, administrators and permitted assigns) of the OTHER PART,
WHEREAS the Licensors is absolutely owner and well and sufficiently seized and possession of the 3/26 Seema Society N DUTTA Marg Four Bunglow Andheri west Opp Citizen Co Op Bank Mumbai 400053. (hereinafter referred to as “The Premises”.)
AND WHEREAS The Licensee being in need of Premises, and have Licensor to give on Leave and Licence basis The Premises for use and commercial purpose by the Licensee, which the Licensor has agreed to do for the period of 4 Months, at the monthly compensation and on the terms and conditions hereinafter mentioned.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
The License shall be for a period of 4 Months commencing from 01st Dec 2015 and expiring on 31st March 2016 (hereinafter referred to as the "License Period")
The compensation for occupation and use of The Premises shall be RS. 120,000/- (Rupess One Lakh twenty Thousand Only) for the period of four month for complete licence period, i.e. RS. 30,000/- (Rupess Thirty Thousand Only) per month (hereinafter referred to as License Fee).
The License Fee shall be paid by the Licensee to the Licensor on monthly basis in advance on or before 5 th of each month. The License Fee is inclusive of Maintenance and exclusive of TDS. The License Fee is not inclusive of any taxes or cess that may be levied or chargeable by local, state government or any other concerned authority. Any such taxes or cess, if paid, by the Licensee shall be born by Licensee and shall not be reimbursed by the Licensor as and when applicable the Service Tax as applicable will be paid by the Licensee. .It is further agreed that the licensee shall pay towards Municipal Assessment Tax in respect of the said premises pursuant to execution of present leave and license agreement.
The payment of the License Fee shall be made regularly and punctually without any deduction or abatement. In case there is any delay in payment of License Fee, there will be an interest payable @ 18% per annum for the delay period in addition to the License Fee except in cases where reason is sufficiently justifiable. PROVIDED HOWEVER, in the event of any delay or default, the Licensee shall be bound to pay such compensation or damages as are provided in this License Agreement hereafter.
The Licensees shall, throughout the terms of the license hereby created, deposit and keep deposited with the Licensors as and by way of interest free security deposit of RS. 0/- (Rupess Zero), for the use of observance and performance by the Licensee of the terms and conditions of this Agreement. Amount of security deposit shall be refunded by the Licensors after one month of the expiry or sooner termination / determination of the Licensees but after adjusting therein any costs, charges and expenses which the Licensors may be required to incur by reason of occupation and use of The Premises by the Licensees and which costs, charges and expenses should have been met and born by the Licensees in course of such occupation and use.
Upon the expiry of the license granted hereunder, the Licensee handling over vacant and peaceful possession of The Premises to the Licensor in good and presentable condition, SUBJECT to the deduction thereof the arrears, if any, of the License Fee, electricity bills, telephone bills, and other charges (as defined) including Licensee Fess etc., payable by the Licensee hereunder.
The Licensees shall pay for Electricity and Gas used in the Licensed The Premises as shown by separate meter, also shall pay Telephone bill, Parking Charges, Cable Operator Charges, Internet Charges (if any). However after payments by the LICENSEE, the LICENSEE shall hand over the Original Bills/Receipts each month to the LICENSOR.
SOCIETY’S MAINTENANCE CHARGES:
The Licensors shall pay the society outgoing, and non-occupancy charges in respect of the The Premises.
One-month notice from either side in writing will be sufficient to terminate this Agreement and on such termination, THE LICENSEE wills handover the vacant and peaceful possession to THE LICENSOR.
OTHER TERMS AND CONDITIONS:
- That THE LICENSEE shall not give sub-license or assign or sublet any part or whole of The Premises to any other person THE LICENSEE shall not transfer the benefit of this agreement to any body.
- That the LICENSEE shall not make any structural alteration of any kind and also not erect or built or permit to be erected or built in The Premises any construction or erections without the prior permission in writing of the Licensors and not to cause any damage to The Premises or to the fixtures and fitting therein.
- That The LICENSEE shall not keep any hazardous, inflammable or explosive material or any other article or things, in The Premises which are prohibited by the law or otherwise and/or which may constitute a danger, nuisance or annoyance to The Premises or surrounding The Premises or the owners or occupiers thereof.
- That The LICENSEE shall not carry out any antisocial activity prohibited under the law or otherwise.
- That The LICENSEE shall not create any kind of nuisance / annoyance hindrance in The Premises or its surrounding neighborhood and the Society’s norms, rules and regulation will be binding on the LICENSEE and his family members.
- That The LICENSEE shall permit The LICENSOR to visit / enter upon The Premises by themselves or their authorised Agents at all the reasonable time to satisfy themselves that The Premises is used in accordance with the terms and conditions of this Agreement and that no objectionable, illegal, prohibitory and undesirable activities are going on in The Premises.
- That The LICENSEE shall herself bear and pay charges, expenses towards the current day to day minor repairs and maintenance to The Premises including the Fixtures and Fittings.
- That THE LICENSOR shall not be Liable for any damage or injury to any person whatsoever or any property whatsoever by fire, rain, leakage, breakage or bursting of water pipes or electricity in The Premises or giving way of any portion of the flooring, wall, roof or any part of the said building from any cause whatsoever.
- If the Licensee is found doing or infringing any trademark and/or is found doing any illegal or unlawful business in the premises the Licensee alone shall be responsible for any action under the law either by the police or by any other company/party/person. If the Licensee contravenes this provision in that event it is agreed by both the parties that the Licensee shall immediately vacate The Premises premises and shall hand over physical possession of The Premises premises to the Licensor, and in the event of failure the Licensor or their legal heirs shall have every right to take forcible possession of the said Gala premises immediately.
- On any breach of any of the terms and conditions of this Agreement the LICENSOR shall have the right to terminate this Agreement by giving seven days notice to The LICENSEE and The LICENSEE shall be liable to hand over the vacant and peaceful possession to The LICENSOR on or before the said notice period.
- That The LICENSEE hereby agrees to indemnify and keep indemnified The LICENSOR and their respective heirs, from all claims/ demands/ damages/ actions/ costs/ charges, to which they may have to be held liable, by reason of any activity/ negligence/ commission/ non-performance/ non-observance, failure by LICENSEE of any terms/ conditions herein contained.
- That The LICENSEE hereby agrees to make good to the Licensor any loss or damage that may be caused to Licensed Premises or property of the Licensor therein on account of negligence on an act of commission or omission on the part of the Licensee, its employee agents, customers, visitors and/or other persons entering the Licensed premises connection with the business of the Licensee
- It being the express intention of both the parties that this is purely a Leave and Licence Agreement, and nothing herein contained shall be deemed to create any tenancy or sub - tenancy between the LICENSOR and the LICENSEE. The legal possession and ownership of The Premises shall always remain with The LICENSOR and The LICENSEE is only permitted to use and occupy The Premises, they’re being no intention between the parties to create the relationship of Landlord and Tenant by the execution of this Leave & Licence agreement. The Premises is marketable and free from encumbrances of any nature whatsoever.
- On the expiry of this Agreement on 31st March 2016 (unless renewed) or sooner determination of this Agreement, The LICENSEE shall remove herself from The Premises and also shall remove all her furniture and other articles and things brought in by Licensee. And shall handover peaceful, vacant and quiet possession of The Premises to the LICENSOR in the SAME STATE and CONDITION (subject however to any improvement made with the consent of The LICENSOR) as they were on the date of this Agreement.
- That The LICENSOR will retain the signed Original Registered Agreement AND handover the Registered Xerox copy of the same to the LICENSEE.
- That all the letters, notices and other communication intended to be served on The LICENSEE after the commencement of this License shall be deemed to be effectively served, if sent by Registered Post / Courier and addressed on The Premises to The LICENSEE.
- The Stamp Duty, Registration fees and Professional fees shall be equally shared by the LICNESOR and the LICNESEE.
- The terms of this Agreement shall not be altered or added to nor shall anything be omitted from this Agreement except by means of an Agreement in writing duly signed by the parties hereto.
- The Agreement shall be subject to the provisions prescribed u/s 24(2) of the Maharashtra Rent Control Act 1999 whereby it is mentioned that if the Licensees fails to deliver back the vacant possession he/she/they shall be liable to pay damages/compensation at double the rate of the license fee provided under the agreement from the date of failure to this date of handing over the possession of the Premises.
- The LICENSEE and his family members shall not obtain Ration Card, Passport, PAN Card, voters Election Card, Driving License or any other proof of their own to establish their occupancy in The Premises.
- If the LICENSEE does not pay the monthly compensation for two consecutive months, the permission hereby granted shall stand automatically terminated and the LICENESS shall vacate The Premises forthwith upon receipt of intimation from the LICENSOR. Such vacation of the SAID PERMISES shall be without prejudice to the rights of the LICNESOR to proceed against and recover the said License fees and any other dues from the LICENSEE.
- The LICENSOR shall keep the Original keys of The Premises with herself and handover a set of Duplicate keys to the LICENSEE and at the end of the License period or earlier termination, the LICENSEE shall hand over the duplicate keys back to the LICNESOR. The LICNESEE shall not during the License period change the locks of the entrance to The Premises.
- The LICENSEE shall keep the interior of The Premises and the LICENSOR’S fixture and fittings, including electrical, sanitary and plumbing fixtures therein in good and tenantable repair and condition, reasonable wear and tear excepted. The LICENSEE shall not be responsible for any damage by tempest, earthquake, fire, military, mob violence, act of God or any other accident due to irresistible forces beyond the control of the LICENSEE.
- The LICENSEES shall carry on the business at her own risk and cost and if any prosecution launched by the B.M.C., FDA, or any local authority in connection with the business and the same shall be the responsibility of the licensee and the licensor shall have nothing to do with the same.
- The Licensees hereby agree to vacate and hand over The Premises on or before expiry of this Agreement. If they fail to vacate and hand over The Premises to the Licensors on expiry of this Agreement, they agree to pay Rs. 2000/- (Rupees Two Thousand Only) per day in addition to the monthly compensation payable to Licensors.
- The Licensees hereby agree to keep their articles and other belongings (Hardware / Software Materials) insured and the Licensors shall not be liable for any theft, fire, burglary or loss thereof.
The Licensor shall have and shall always be deemed to have the general control and judicial possession of The Premises and the licensee shall not be deemed to be in exclusive possession of any portion of The Premises.
THE SCHEDULE ABOVE REFERRED TO
ALL THAT piece or parcel of land or ground situated lying and 3/26 Seema Society N DUTTA Marg Four Bunglow Andheri west Opp Citizen Co Op Bank Mumbai 400053 in the Registration District of Mumbai City and Mumbai Suburban District, Mumbai Suburban now is Greater Mumbai
IN WITHNESS WHERE OF the parties hereto have set and subscribed their respective hands the day, month and year first hereinabove written.
SIGNED SEALED AND DELIVERED BY
The Within named “LICENSORS”
MITESH LILADHAR SHAH
In presence of …………………………
SIGNED SEALED AND DELIVERED BY
The Within named “LICENSEE”
BHARTI BHUPENDRA SHETH
In presence of …………………………
BHARTI BHUPENDRA SHETH
MITESH LILADHAR SHAH
C 602, N G GARDEN INSIDE GAURAV GARDEN,
BANDERPAKHADI ROAD, KANDIWALI WEST, MUMBAI 400 067,
We have the pleasure to hand over to you the vacant & peaceful possession of 26 3a,Bldg 3 The Central Government Employees Chsl,4 Bunglow Road Versova Andheri East, Mumbai-, pursuant to expiry of the Leave & Licence Agreement dated 31st March 2016 executed by and between you and us.