AGREEMENT
made at Mumbai this ____ day of _______ 2000 BETWEEN ------------------
situated at ----------------- (hereinafter referred to as "the
Centre") of the One Part AND -------------- a Company incorporated under
_______________________ and having its corporate / registered office at
____________________________a Company hereinafter called "the
Client") (which expression should include its successors and assigns) of
the Other Part;AND
WHEREAS the Centre is a member of ________________ Society, having its
registered address at____________ and hereinafter referred to as the "said
Society" and is in possession, use and occupation of the premises
_________________, hereinafter referred to as the "said Premises".AND
WHEREAS the Centre is carrying on the business of providing office services in
the name and style of ------------------- at the said premises
--------------------------------- and for that purpose has made arrangements to
render office facilities and services to persons who require such facilities
for their business temporarily and on contract;AND
WHEREAS the client is carrying on the business of ______________ and is
desirous of availing certain office facilities to enable it to more
conveniently carry on it's said business.AND
WHEREAS the Client has requested the Centre to grant to the Client such
facilities;AND
WHEREAS Centre has agreed to grant the same on the terms and conditions
mutually agreed upon;AND
WHEREAS the parties hereto are desirous of recording the said terms and
conditions.NOW
THIS AGREEMENT WITNESSETH AS UNDER:1. The Centre hereby
agrees to grant to the Client certain office facilities in the said premises as
set out herein to more conveniently carry on its said business in the name and
style of ------------------------ and as incidental to such office services the
Centre has permitted the Client to use until otherwise decided, a portion of
the said premises and also to make available other ancillary office facilities,
amenities, conveniences and services therein.2. The Centre has agreed
to render the following services to the Client:i.
to
occupy and use a portion of the Business Centre at the said premises for
itself, its bonafide employees and visitors, for the purpose of carrying on the
client's said businessii.
to
use furniture, fixtures and fittings provided in the said Centre.iii.
to
avail of a peon's facility as may be reasonably required to attend to the needs
of the Client,iv.
to
avail the use of three telephone connections (two local and one with ISD
facilities) in the Centrev.
to
avail the use of air-conditioner in the Centre.vi.
Any
further facilities which Centre at its discretion considers it necessary to
provide to the Client.vii.
It
is hereby expressly agreed and declared that save as otherwise herein expressly
provided, the office services to be provided under this agreement, the Centre
may at it's sole discretion permit it's other clients to avail of or share in
common any of the said office services hereby agreed to be provided.3. The Client further
agrees and undertakes:a. to take all
reasonable and good care of the said Centre and furniture, fixtures and
fittings therein as per separate list prepared and signed by the Centre and the
Client) therein and not to cause any damage thereto or to any part thereof. To
keep and maintain the fixtures and fittings in good order and condition,
reasonable wear and tear or an act of God or for the reasons beyond the Control
of the Client being excepted. In the event of any damage thereto or destruction
thereof, save for reasons excepted as aforesaid, the Client shall at its own
cost and expense immediately repair and/or replace the same or at the option of
the Centre, the client pay the cost of such repair or replacement that may be
carried out by the Centre.b. to bring into the
said Centre only office records and documents etc. but in any event no
hazardous and inflammable items or things shall be brought into the office by
the Client.c. to use the said
Centre only for commercial purpose as an office and in a lawful manner and in
any event not to make any illegal use of the same and not to cause any
disturbance, nuisance or annoyance to others in the said Centre.d. In the event of the
Client making use of the aforesaid facilities for any purpose other than
confide commercial office purposes and the same resulting in any civil or
criminal action, the Client shall keep Centre fully indemnified of and from and
against all arise there from.e. not to allow or
permit any outsiders to use the premises or any part thereof.f. to remove all their
articles, belongings and things lying in the said Centre on expiry of the term
of the arrangement or in the event of prior termination, upon the date of
termination.g. to observe and
perform all the rules, regulations and bye-laws of the said Society wherein the
center is situate, the client having made himself aware of all such rules,
regulations and bye-laws and shall indemnify and keep indemnified the Centre
against any loss or damage incurred by the Client for non-performance by the Client
as aforesaid.h. Not to do or suffer
to be done anything in or around the said premises which is or is likely to
cause prejudice to the rights and entitlements of the Centre as the member of
the Society.i. Not to make any
structural or other alterations, modifications or additions in the said
premises, except with the prior written consent of the Centre which shall not
be unreasonably withheld.j. Not to alter or
change the original colour on the outer or inner wall of the said premises,
except with the written consent of the Centre.4. The Centre agrees to:a. keep the said Centre
clean and tidy and provide electricity.b. Provide a common peon
facility entirely at its own discretion as may reasonably be required to attend
to the needs of the Client.c. Provide access to the
NOC of the Centre's three telephone connections of which one shall have STD
facility.5. It is mutually agreed
between the parties hereto as follows:a. The term of this
arrangement shall be for three months, commencing from the date of this
agreement and the same shall be renewable for a further like terms, for a total
period of 3 year commencing from the 1st day of April 2000 and ending on 31st
March, 2003. Provided, however that the Centre may at it's absolute discretion
and without assigning any reason in that behalf refuse to grant any removal.b. In consideration for
the services to be rendered the Centre shall from time to time submit their
Bill for quarterly Standard Services charges at the rate of Rs. _______/-
(Rupees ________________ only) for the first four quarters, Rs.___________
(Rupees _______________ only) for the next four quarters and Rs._____________
(Rupees______________ only) for the last four quarters. The Client shall also
be liable to pay for the telephone rentals and the telephone calls made by the
Client, electricity consumed by the Client and also other services specifically
utilised by the Client on actual. These bills shall be paid by the Client
within a week and in any event before demanding refund of the security deposit
amount deposited by the Client with the Centre.c. The arrangement
herein is purely temporary and personal and not transferable under any
circumstances and the Client shall not be entitled to assign or transfer the
benefit of this arrangement to any other person/persons on any basis
whatsoever.d. No tenancy, leave and
license or any other protected rights whatsoever permitting the Client or its
employees to come upon and use the said premises or any part thereof is created
or intended or sought to be created by these presents and the parties hereto
shall not plead any oral variation to the provisions thereof. The variation if
any hereto shall not be valid, binding upon or enforceable against the parties
hereto unless the same are duly recorded in writing in the form of supplemental
agreement signed by both the parties hereto.e. The Client shall be
allowed to display its name board outside the premises at the place allotted by
the Centre.f. If the services
charges/bills payable by the Client have been outstanding for two weeks from
the date of receipt of the bill, the arrangement herein shall not be extended
and thereupon on expiry of the two weeks, the Centre shall be entitled to
prevent access to the Client and its employees in to the said premises and
every part thereof and allow the Client one day's time to remove its
belongings. In the event of the Client refusing or neglecting to remove its
belonging from the said premises, the Centre shall be entitled to open the
premises or any part thereof allotted to the said Client using the original key
in their possession and in the presence of witness remove the articles and
things therein after making a list thereof. It is expressly agreed that the
Centre shall not render itself liable for any civil or criminal action by so doing.
This authority retained by the Centre and expressly agreed to by the Client is
irrevocable and constitutes the basis for this agreement and the Client shall
not be entitled to dispute, challenge or call into question the validity or
reasonableness of this provision.g. Any delay or
indulgence by the Centre in enforcing the terms and conditions of this
Agreement or any forbearance or giving of time to the Client shall not be
construed as a waiver on the part of the Centre of any breach or
non-observation and or non- compliance of any of the terms and conditions of
this Agreement by the Client nor shall it in any manner prejudice the rights of
the Centre against the Client.h. All letters,
receipts, notices or communications issued by the Centre or the Client and
dispatched by Registered Post with Acknowledgement due or delivered by Hand
Delivery to the address on the record of the other will be sufficient proof of
receipt thereof by the other and shall be an effectual discharge on the part of
the party forwarding the same and the same shall be deemed to have been
received by the other party on the normal expiry period under post.i. The Centre shall not
be responsible or liable for any:1.
Theft,
loss, damage or destruction of any property of the Client or any person living
in or visiting the said premises or in the said building from any cause
whatsoever.2.
for
any personal or other injury caused to the person for the time being in the
said premises on any account.a.b.c.d.e.f.g.h.i.j. In the event of the
Client committing any breach of the terms and conditions herein contained and
failing within 7 (seven) days of the receipt of a notice in writing in that
behalf given by the Centre to remedy or make good such breach the Centre shall
be entitled to forthwith revoke and or terminate the arrangement and/or the
permission granted and in such an event the provisions of clause 5(g) of this
Agreement shall apply mutatis mutandis.k. Each party shall bear
and pay the fees of their respective legal representatives.6. As security for the
due performance of the provisions hereof the Client shall deposit with Centre
an interest free security deposit of a sum of Rs.-----/- (Rupees --- ). The
said interest free security deposit, after deducting there from the amount of
arrear or other dues if any from the Client shall be refunded by Centre to the
Client without interest on the arrangement herein coming to an end, howsoever
and when so ever, and upon the Client removing itself and all its belongings
and things from the said premises.7. The Centre shall be
at liberty to terminate this Agreement or any renewal thereof by giving the
Client three months notice in writing stating therein its desire to do so and
on the expiry of such notice, and on the client removing itself, it's employees
and belongings from the said premises and otherwise performing it's obligation
under this agreement the Centre shall refund to the Client the interest free
security deposit amount as contained in clause 6.8. Upon the termination
of this Agreement or sooner determination and upon the failure of the Client to
remove itself, its employees and its belongings from the said premises. The
Client shall be liable and hereby agrees to pay to the Centre liquidated
damages of Rs._____________ (Rupees __________only) and compensation and/or
manse profits of Rs.__________ (Rupees____________) per day for the wrongful
and unauthorised use of the said premises and the facilities provided therein.
The Centre shall be entitled without prejudice to its other rights to forfeit
the security deposit in the event of any breach on the part of the client.9. It is further agreed
and declared between the parties hereto that the permission hereby granted by
the Centre to the Client to use a portion of the said premises is incidental to
the availing of office facilities, amenities and services provided by the
Business Centre to the Client and the Client shall not be entitled to avail
other facilities separately as the arrangement is composite, impartibly and
indivisible.10. Any dispute between
the parties hereto shall be referred to the sole arbitration of
Mr________________. Having his / its office at ______________and shall be
subject to the provisions of the Arbitration and Conciliation Act, 1996.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_______________________
)as
partner / proprietor of the Centre.)in
the presence of _____________ )SIGNED
AND DELIVERED by the )With
in named ______________ )in
the presence of____________ )