SUPPLEMENTARY AGREEMENT

This Supplementary Agreement is made and executed at Bareilly on this __ day of

_____.
BY AND BETWEEN
Arpana & sanjeev Sharma aged__ about -yrs, presently residing at plot 355 Sahukara,
Bareilly shall be referred to as the LICENSOR (which expression shall mean and
include his respective heirs, successors, executors and assigns).
. PARTY OF THE FIRST PART
AND
ATC TELECOM TOWER CORPORATION PRIVATE LIMITED,
(formerly known as Essar Telecom Infrastructure Private Limited), a
company registered under the provisions of Companies Act,1956 and having its
registered office at 403, 4th Floor, Skyline Icon, Near Mittal Industrial
Estate, Andheri Kurla Road, Andheri (East), Mumbai 400059 and
having its Uttar Pradesh Circle office at Raj Chamber Rana Pratap Marg, Near
Dehnic Jagran Chowrah, Lucknow-226001, hereinafter referred to as the
LICENSEE (which expression shall mean and include its subsidiaries, associate
companies, successors and permitted assigns).

. PARTY OF THE SECOND PART

WHEREAS, LICENSEE is a private limited company engaged in the business of
providing passive infrastructure in the field of telecommunication and services
incidental thereto. As such, LICENSEE has taken a open plot/roof of land located at
355 Sahukara, Bareilly more particularly described in the schedule property. A Leave
and License Agreement to that effect has been executed between the Licensor and the
Licensee dated 22-Jun-14 for a period of 15 years against a monthly license fee of
Rs.16500 /AND WHEREAS, the Licensee has erected/constructed on the schedule property i.e.
the open plot of land/the terrace/roof top the microwave tower and an equipment room
and the same is being used by the Licensee for its cellular operations.
AND WHEREAS, as a business policy the Licensee has decided to provide its passive
infrastructure services to more than one cellular mobile operator on sharing basis.
AND WHEREAS, the Licensee has requested the Licensor to permit the Licensee to
share the passive infrastructure services with other cellular operators.
AND WHEREAS after due deliberations and negotiations the Licensor has agreed to
grant the necessary permission to the Licensee to share the passive infrastructure
services with other cellular operators on the terms & conditions hereinafter appearing.
NOW THIS SUPPLEMENTARY AGREEMENT WITNESSETH AND IT IS
HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS :1.

The Licensor hereby grants an irrevocable permission to the Licensee to share

the passive infrastructure services with other cellular operators.

2.

That it agreed between the parties, the Licensee shall be at liberty to share the
schedule property with other telecommunication service providers or its
successors and/or any other telecommunication company at any time
(hereinafter referred to as sharer) during the period of license or any
extended period thereof for the purpose of installation of telecommunication
equipment in the existing shelter/cabin/tower to provide cellular services
including Optical Fiber Cable etc and shall be at liberty to provide access to
sharer to install additional shelter/cabin /equipments and the Licensor shall
have no objection in this regard, by virtue of the Leave and License
Agreement executed between the Licensor and Licensee dated 22-Jun-14

3.

That the Licensee shall have the right to replace the existing DG set with DG
Set of higher capacity or such DG set as suit the requirement of the Licensee.

4.

In consideration of granting the permission to Licensee to share the schedule

property and its infra-structure, equipment room and diesel (Generator Set)
erected by Licensee on the Schedule Property, the Licensee shall hereafter pay
an additional License fee of Rs.3300 /- p.m. (Three thousand three hundred

rupees only) with effect from 1-Apr -2015 i.e actual commencement of infrastructure sharing, to be paid along with the existing license fees, excluding
service tax and subject to deduction of applicable tax at source and without
challenging the same in any Court of Law as not being standard license fees or
maintenance charges payable in respect thereof.
Existing License fee

Rs.16500/- p.m.

Enhancement to be addition to the monthly License Fee)

Rs.3300 /- p.m.

Revised monthly License Fee subject to TDS

Rs.19800 /- p.m.

===============
5.

The Licensor hereby agree, confirm and undertake that the Licensor will not
asked/request for any further addition/enhancement of license fee for any other
future sharing of the Schedule Property by the Licensee to other
telecommunication service providers as more particularly stated in clause no. 2
hereinabove except what is agreed between the parties hereto through this
supplementary agreement and leave and license agreement dated 22-Jun-14.

6.

That the Licensor shall allow the employees/representatives of the sharer as

well as Licensee to visit the premises to inspect the telecommunication
equipment at all the times during night also, without any nuisance, hindrance
or restriction.

7.

That it is agreed between the parties that in case at any time during the license
period or any extended period thereof the Licensee discontinues the sharing of
the schedule property as aforesaid the present supplementary agreement shall
cease to the effective and the Licensor shall be entitled to the license fee only
to the extent specified under the Leave and License Agreement dated 22-Jun-14

8.

The Licensor hereby undertake to indemnify and keep indemnified the

Licensee against any claim, action, damage, costs, demands, suits or any other
consequence whatsoever which shall be brought or made against the Licensee
or suffered by Licensee due to the claim, dispute, objection raised/made by
any person or authority through Licensor or on his behalf in respect of the
schedule property. and/or license fee

9.

It is agreed that all the terms and conditions of the said original leave and
license agreement shall remain in full force and effect except the part as
regards the License Fee which is additionally payable by virtue of these
presents and shall be binding on all the parties hereto. These presents shall be
treated as supplementary to the earlier Leave & License Agreement dated 22Jun-14 ,executed between the Licensor and the Licensee. It is further made
clear that this present does not create any independent right in favour of any
cellular operator sharing the site.

Schedule of Property (RTT)

ALL THAT area admeasuring sq. Ft. located at 355 Sahukara,
Bareilly in the Registration District of U.P Butted and bounded as follows
On or towards the East: On or towards the South:On or towards the West:On or towards the North:-

IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS TO

THESE PRESENTS ON THE DAY, MONTH AND YEAR FIRST HEREIN ABOVE
WRITTEN.

SIGNED AND DELIVERED

)
BY THE WITHINNAMED LICENSOR )

SIGNED, SEALED AND DELIVERED

BY THE WITHINNAMED LICENSEE
Through Shri ______________________,
______________________,

)
)
)
)

In the presence of:1.

SIGNATURE: _________________
NAME: ____________________

2.SIGNATURE: _______________
NAME: _______________________

ADDRESS: ___________________

ADDRESS: ___________________