Deed of Leave & Licence

Leave and licence Agreement for Industrial Unit

BETWEEN

M/S…………………………..

AND

M/S………………………….

RE: UNIT NO…………………………..

THIS AGREEMENT OF LEAVE AND LICENCE made at …………………. This day of ……… BETWEEN M/s ………………………… having address at……………….. hereinafter referred to as “the Licensor” (which expression shall unless repugnant to the context or meaning thereof mean and include his heirs, executors, administrators and assigns) of the One Part  AND M/s ……..……………….. Company incorporated under the Companies Act, 1956 and having it’s address at ….………………….., hereinafter referred to as “the Licensee” (which expression shall unless repugnant to the context or meaning thereof shall means and include it’s successors) of the Other Part.

WHEREAS :

i) the Licensors are members of the ……………… Estate and as such members are well and sufficiently entitled to use and occupy and to grant a leave and license in respect of unit no………. on the …… floor of the building known as “…………….” (together with two level of loft/Measurement built/Measurement built install therein as per SCHEDULE I) (hereinafter referred to as “the said premises”) situated at………………………..

a) the Licensee is in temporary need of industrial / Commercial premises together with two level of loft/Measurement built and has requested the Licensors to grant it a Licence to use and occupy the said premises, for a ……… period of ….. months for purpose of office Storage/Warehouse/ Business use and for  no other purpose.

ii) the licensee has represented to the licensor that :-

a) the use and occupation of the said premises by the Licensee to be made as hereinafter stated will not tantamount to a tenancy and will not create any tenancy or other similar rights;

b) at no point of time will the Licensee or its directors, employees, agents or servants or any one on behalf of the  licensee, contend that this Agreement or the occupation of the said premises give any title or other similar rights to the Licensee in respect of the said premises or any part thereof;

c) neither the Licensee nor his employees, agents and servants. Shall claim protection of the Bombay Rent Act or any modification or re-enactment thereof or any law giving any protection to a tenant or a licensee and that notwithstanding any change in law the rights and liabilities of the parties set out herein will remain unaffected.

iii) relying upon the representations made by the Licensee set out herein and believing the same to true, the Licensors have agreed to allow respect thereof, however, the electricity meter shall continue to stand in the name of Licensors and that the Licensee shall not apply for any electric connection in it’s name.

6. The Licensee shall at its own cost be entitled to carry out all approved renovation, repair and interior work in the said premises but shall not carry out structural alterations without the prior written consent of the Licensors, the Licensee shall however be at liberty to install in the said premises air-conditioners, electric appliances, other fittings and fixtures including screens, shelves or partitions of a non-permanent and non-structural nature, sanitary and electrical installations and other conveniences reasonably required by it for or in connection with proper and full use, occupation and enjoyment of the said premises. The Licensee shall be entitled at any time during continuance of this Agreement and upon its termination or earlier determination to remove at it’s cost and expense all or any of the foregoing provided it makes good any damage which may be caused to the said premises by such removal and if any approval from the said Society or from the ……………….. is required for such changes, it shall be the duty of the Licensee at it’s cost and expenses to obtain  the same the Licensors shall render whatever assistance is required for obtaining such approvals.

7. It is expressly agreed and declared that any alterations, modifications or additions made by the Licensee in or to the said premises with the consent of the Licensee and any structural or permanent alterations shall at all times be and remain the exclusive property of the Licensors. The Licensee shall use and occupy the said premises together with installed two level of loft/Measurement built, purely for the office and business use of Company. And for no other Company whatsoever and the Licensee, it employees agents and servants will take due care and caution and shall not do or cause anything to be done in the said premises which is likely to be a nuisance or annoyance to the other occupants of the said building or which can cause any damage to the said premise or any part thereof. The Licensee shall make good to the Licensors any loss or damage (normal wear and tear expected) cause directly or indirectly, proximately or remotely to the Licensee to use and occupy the said premises strictly on the terms and conditions set out hereinafter;

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND CONFIRMED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS :

1. The Licensee confirms the representations made by it as hereinbefore recited and accepts that the said representations form the basis of this Agreement. The parties hereby declare, record and confirm that nothing herein contained nor the permission for licence herein referred to not the use and occupation of the said premises by the Licensee will create any rights in the nature of tenancy or any other similar rights in favour of the Licensee, his employees, directors, agents or servants or any one on behalf of the Licensee.

2. In consideration of the licence fee herein reserved and contained and relying on the representations made by the Licensee and believing the same to be true the Licensors doth hereby grants the Licensee a licence to use and occupy the said premises for the period of ………..…… months with effect from ………… The licence fee for the occupation of the said premises is fixed at Rs …..…… (Rupees………) per month. The license fee shall be payable in advance by the ….…… of each month.

3. The Licensee has deposited with the Licensors an interest free security deposit of Rs ………….. (Rupees……….) and shall keep deposited with the Licensors the said amount of Rs……… during the continuance of this Agreement and the Licensors shall refund the said security deposit of the Licensee without interest subject to deductions as stated herein on termination or earlier determination of this Agreement and simultaneously upon the Licensee handing over vacant possession of the said premises to the Licensor and after paying all outstanding due if any and BEST (electricity) charges.

4. The Licensee has inspected the premises and is satisfied with the condition of the same.

5. The Licensee shall make regular and timely payment of all charges, such as for electricity, telephone in the said premises as per the bills received in Licensors by any Act of omission or commission on the part of the Licensee his employees, servants, visitors, agents or any occupier of the said premises, or any part thereof  during the period of Licensee’s occupation and shall keep the licensor indemnified in respect thereof. The Licensee, his employees, agents, servants shall observe and perform all the rules, conditions, covenants and the stipulations and all the rules and regulations and by Laws relating to the use of the premises in the building as laid down by the society from time to time and shall keep the Licensors indemnified against non-observance or breach thereof.

6. Licensee shall pay the electricity charges consumed by them directly to the BEST on actual basis and provided to the licensors proof of the said payment made by way of Xerox copy of paid bills to the licensors.

7. The Licensee shall keep and maintain the said premises & furniture & fixtures allotted to it for it’s use in proper state of repair and condition at its own cost and expenses.

8. The Licensee shall not store any hazardous or inflammable articles in the said premises (except related with Business)

9. The Licensee shall observe all the rules and regulations of the said Society/Association. The Licensee shall not do or cause to be done anything whereby the Licensor’s right to hold the said premises is avoided, forfeited or extinguished and the Licensee shall indemnify the Licensors against any claim, demand or loss which may be suffered by the Licensors by virtue of any such act of the Licensee.

10. The licence hereby granted by the Licensors to the Licensee is personal to the Licensee and the same is not transferable by the Licensee.

11. In the event the Licensee commits breach of the terms and conditions contained herein, the Licensors shall have the right to terminate this licence, after giving the Licensee ……..…. Days notice to rectify the breach complained of and in the event the breach complained of is not rectified within the said notice period, this Agreement shall stand terminated, this is without 

12. Prejudice to the other rights of the Licensor available under law. Further, any indulgence shown by the Licensors will not amount to waiver of their rights.

13. It is expressly agreed that the Licensors shall always be deemed to be in legal possession of the said premises and that the Licensee shall only have a mere licence to occupy the said premises as per the terms and conditions of this Agreement.

14. The Licensee shall take due care and caution and shall not do or cause anything to be done in the said premises which is likely to be nuisance or annoyance to the other occupants of the building or which can cause any damage to the said premises or any part thereof or to the licensors.

15. The Licensee shall pay the present rates, taxes, cesses, assessments, outgoings and charges assessed in respect of the said premises. However any increase in rates, taxes, cesses, assessments outgoings and charges assessed in respect of the said premises on the account of increase in the percentage of the present rates, taxes, cesses, assessments outgoings and charges or on account of new rates, taxes, cesses, assessments, outgoing and charges or on account of increase in ratable value of the said premises or on account of any other reason whatsoever shall be reimbursed by the Licensee to the Licensors within …… days of demand to that effect by the Licensors. However the Licensee shall not correspond with the said Society/Association in that respect or in respect of any other matter.

16. Upon the termination or earlier determination of this Agreement the Licensee shall hand over vacant possession of the said premises to the Licensors, in a proper state of repair, normal wear and tear expected and accepted.

17. Upon the termination or earlier revocation of this Agreement and in the event of the Licensee fails to hand over vacant possession of the said premises to the Licensors, inspite of the fact that the Licensors are ready and willing to handover the security deposit after deductions, if any, by pay order to the Licensee, it is agreed that the Licensee shall be regarded as trespassers. The Licensee agrees and undertakes for itself and each of the persons aforesaid not to enter upon the said premises or commit trespass after termination or earlier determination of the Agreement even if the Licensee is contesting the validity of such termination or termination or revocation.

18. On termination or earlier determination of this Agreement, and simultaneously on Licensee vacating the said premises, Licensor shall refund to the Licensee a sum of Rs………….. a security deposit held by them towards the performance of this agreement after deducting their dues if any.

19. Upon such termination or earlier determination the Licensee shall remove all fittings, fixtures and furniture brought into the said premises by the Licensee, however the Licensee agree and undertake that if any damage be caused to the said premises by such removal, the damage so caused shall be repaired by the Licensee at it’s cost. The Licensors and/or persons authorized by them shall be entitled to visit and inspect the said premises by going ……. Hours prior written notice to the Licensee.

20. The Licensors shall not be responsible or liable for any theft, loss, destruction of any property of the Licensee or it’s employee, or visitors, lying in the said premises nor shall the Licensors be responsible or liable for any bodily injury to any person in the said premises.

21. The Licensors agrees and undertakes that upon the Licensee observing and performing the stipulation and covenants herein contained to be observed and performed by it, the Licensee shall during the period of this Agreement, use and occupy the said premises without interference from the Licensor or any person or persons claiming under or through them. Any notice intended to be given by any party hereto to the other, shall be deemed to be properly and validly given if it is delivered to or sent by Registered Post to the respective address of the parties hereinabove mentioned.

22. This leave and licence Agreement is required to be registered as per the Maharashtra Rent Control Act, 1999. There are …………. Counterparts of this document, one each to be retained by the Licensor and the Licensee and one to be lodged for registration. The Licensor shall retain the registered document.

23. This agreement is signed in ……….. and is subject to ………….…. Jurisdiction.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands the day and year first hereinabove written.

SIGNED AND DELIVERED by the 			)
Withinnamed Licensors				)
M/s………………………				)
in the presence of………..				)

SIGNED AND DELIVERED by the			)
Withininamed Licensee				)
M/S…………………….				)
by its Authorised Signatory				)
Mr………………….					)
in the presence of …….				)