You are on page 1of 5

LEASE AGREEMENT

This agreement of Lease is made and executed on this _________day of _______ 2007

BETWEEN

K. LAKSHMI NARAYANA CHAR S/O LATE KRISHNACHAR, LAKSHMI NILAYA ASHOKA NAGAR, 5TH CROSS,
B.H.ROAD, TUMKUR - 572103, & SMT RAMAMANI W/O LAKSHMI NARAYANA CHAR LAKSHMI NILAYA
ASHOKA NAGAR, 5TH CROSS, B.H.ROAD, TUMKUR – 572103, being absolute legal owners of All that piece and
parcel of property, coming under ward No: _____of Ashok nagar Extension of Tumkur with Municipal Khatha Number
______, morefully described under schedule, hereinafter referred to as "LESSORS" (which expression unless repugnant
to the context or meaning there of shall mean and include its successors, executors, administrators, and assigns) of the
First Part.
AND
EXIDE INDUSTRIES Ltd., a company registered under Companies Act, 1956 and having its registered office at EXIDE
HOUSE 59E CHOWRINGHEE ROAD KOLKATA-700020, and one of its Branch Offices at No. 43/1, Rub Plaza,
Industrial Estate (Below Union Bank of India), Tumkur Road, Yeshwantpur, Bangalore-560022, represented through its
authorized signatory, ________________________ _______________________________ empowered to execute this
agreement hereinafter referred to as "LESSEE" (which expression unless repugnant to the context or meaning thereof
shall mean and include its successors in office, executors, administrators and assigns) of the SECOND PART,

Whereas the Lessors herein are the absolute legal owners of the All that piece and parcel of property, coming under ward
No: _____________of Ashoknagar Extension of Tumkur with Municipal Khatha Number ______________, morefully
described under schedule here under and wish to lease the Ground Floor in the schedule mentioned building. The carpet
area of the ground floor is _____________ sq. ft (hereinafter referred to as the 'said premises'). More fully described here
under the schedule. AND WHEREAS the Lessee being in need of the premises for the purpose of its office has
approached the Lessor for allowing it to use the said premises on "AS IS WHERE IS BASIS". AND WHEREAS the
Lessors agreed to grant a Lease of the said premises to the Lessee on certain terms and conditions contained in this
agreement.

NOW THEREFORE IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN THE PARTIES THAT THE
PARTIES HERETO SHALL ABIDE AND BE BOUND BY THE TERMS AND CONDITIONS SET OUT HEREIN
NAMELY:

1. The recitals mentioned hereinabove shall constitute an integral part of this Agreement.

2. The Lessor has granted a Lease to the Lessee from .............., 200_ to use of the said premises described in the
schedule hereunder written subject to the terms and conditions and for the term hereinafter appearing.

3. The Lessee shall pay a monthly lease rental of 12,000/- (Rupees Twelve thousand Only) on or before the 10th day
of the each month. The lease rentals shall be payable in two equal parts by way of separate cheques favouring
K. LAKSHMI NARAYANA CHAR & SMT RAMAMANI.

4. The period of This Lease Agreement shall be for 3 Years, from _______, 200_. The Monthly lease rental shall
increase by 10 % after every 1 Year term of the last paid amounts. However there shall not be any
corresponding increase in the Deposit amount. The Lease shall commence w.e.f. ______, 200_. This Lease
Agreement shall come to an end on _______, 20_. Renewal at the end of every three years would be at the
mutually acceptable terms. However, there will not be any increase in the security deposit.

5. An interest free refundable Security deposit amounting to Rs.1,20,000-00 /- (Rupees One Lakh Twenty
Thousand Only) equivalent to 10 months lease rental shall be payable to the Lessors upon the signing of the
lease agreement. The security deposit will be held by the Lessors during the Lease period and shall be returned
upon the expiration or earlier termination of the lease agreement after the deduction of any dues or damages if
any arising out of this Lease Agreement. The Lessee would have the right to hold the premises without any
obligation to pay Lease rentals such time the security deposit is not refunded in case of termination of the lease.

6. The Lessee shall maintain the common areas of the building. Maintenance shall include lighting, cleaning of
common areas, maintaining of municipal area in front and sides of the building. The Lessee shall also provide
reasonable hours daily water supply at the premises and also to other occupants of building. All electric charges
for drawing water shall be payable by the Lessee.

7. The Lessors shall pay all present and future Municipal taxes, property taxes, cesses, misuse charges/conversion
charges, dues and duties to the government or any competent authority, as and when due in respect of the said
premises. The Lessor represents that the title of the property is clear and marketable and the same can be used
for office/commercial purposes by the Lessee provided after due permission is obtained by lessee from
Electricity department. In case of any action by any competent authority wherein the rights of the Lessee are
affected to enjoy the usage of the said premises for their office use then the Lessee shall have a right to terminate
the Lease Deed by giving 5 days notice.
8. The Lessee shall be responsible for all the electricity, telephone, telecommunications etc. costs consumed in the
premises based on actual rates & will pay directly to the concerned authority during the term of lease.

9. The Lessee shall not be obstructed from the use of any common area, passage or place of access to the said
premises for 7 days of the week including Sundays and public holidays. The Lessee, its guests, employees, agents
etc. shall have an exclusive right to place their vehicles in the front-set back area within the building compound.
Provided it should not obstruct or cause inconvenience to public or other tenements of the building.
10. The Lessee shall maintain the area within the said premises in good condition and shall make good all minor
repairs whether to the internal walls, ceiling, floors, doors, windows, shutters, fittings, fixtures, and the electrical
and water supply installation, at the expense of the Lessee. The Lessor at its cost and expenses shall carry out all
major repairs, including seepage etc. if any; unless the same has not been caused due to any negligence on the
part of the Lessee.
11. The Lessee shall have the right to improve the premises and make non-structural alterations subject to local
council and building regulations. At the expiration or earlier termination of the Lease Agreement, the Lessee
shall have the right to take away any and all .improvements/ interiors they have installed so long as it does not
cost any damage to building structure resulting from the removal thereof.
12. That on determination of the Lease Agreement, the Lessee is entitled to remove all fixture fittings, false ceiling,
Air-Conditioners etc., fixed by it in the said premises and vacate the premises in the same conditions as it was
given on Lease to the Lessee, excepting normal wear and tear.
13. The Lessee reserves the sole right to terminate the Lease Agreement (with or without assigning any reason) by
providing (3) months advance written notice to the Lessor. This advance notice may be issued at any time after
one year during the Lease period. In case Lessee exercises this termination right, the Security Deposit must be
returned to the Lessee by demand draft or pay order upon the date of termination and peaceful hand over of the
premises in the same conditions as it was given on lease to the Lessee, excepting normal wear and tear.
14. Lessee shall have a right to install a Radio Frequency /Dish Antenna at a suitable Place /Terrace of the Premises
for the purpose of net connectivity to its office. The Lessee shall not be liable to pay any charges for such space
to the Lessor. The Lessee represents that he will procure all the necessary permits required from the concerned
authorities and persons for installation and use of the RF Antenna.

15. The Lessor shall observe all the duties and conditions which any prudent owner shall carry out and perform and
shall keep the said property free from all attachment, claims and demands and shall also indemnify the Lessee in
respect thereof.

16. In the event, any claim, damages or notices are received from the local or any other authority, Lessor shall make
all and every effort to keep the interests, rights of Lessee intact and shall be responsible for undisrupted
continuation of the Lessee's day to day business activities. However, for any reason whatsoever, including but
not restricted to closure / sealing of business premises by any authorities, if the Lessee is restricted from
carrying out its business activities, Lessee may terminate this agreement forthwith, without any notice to the
Lessor and the Lessor shall refund the security deposit.

17. The Lessor represents and warrants that he is the owner of the premises or has adequate authority to let the
premises to The Lessee. In the event of any un-appealable orders received from the authorities, this agreement
may be terminated forthwith, at the sole discretion of The Lessee. Upon such determination of the agreement,
The Lessor shall refund the security deposit to The Lessee.
18. The Lessee observing and performing the terms and conditions contained herein, the Lessor shall allow the
Lessee to hold use and enjoy peacefully, the leased premises and every part thereof during the terms of the Lease
Agreement without any interruptions by the Lessor or any other person and persons claiming under and for /on
behalf.
19. In case the premises hereby leased is sold / transferred by the Lessor, such sale / transfer shall be expressly
subject to the terms and conditions of this Lease Agreement.
20. The Lessor shall jointly and severally comply with all applicable laws, rules and regulations relating to the title
of the property or any regulations relating to the construction of the building and shall indemnify the Lessee
against any adverse consequence arising out of non-compliance.

21. The Lessee shall at their own cost adequately insure the said premises and also for any third party damage
risks in using the premises. And, the Lessee may at its own cost, adequately insure the belongings like furniture
and fixtures, electric installations, etc. within the said premises and also for any damages that may result to
building structure out of any fire and other related accidents in regard to storage and use of any materials in the
said premises by the lessee.
22. If the performance by either party herein of any of its obligations under this agreement shall be in any way
prevented or hindered in consequence of any act of God or State legislation or restriction of any Government or
other authority or any other circumstances beyond the anticipation or control of the parties, the performance of
this agreement shall be wholly or partially suspended during the continuance of the agreement and to the extent
of such prevention, interruption or hindrance not exceeding three months, provided that notice in writing of
such happening/s or event/s is given to the other party within 15 days of such happening/s or event/s.
23. During the continuance of this Lease Agreement, the Lessors shall not, except with the prior written permission
of the Lessee, be entitled to enter into any arrangement as a result of which the use or possession of the said
premises or. the carrying on of the business by the Lessee is in any manner jeopardized or affected. In the event
of the Lessors selling, transferring, disposing off or alienating the said premises to any other party in any
manner, the transferee or successor as the case may be, shall be bound by the provisions of this Lease
Agreement. Such approval from the Lessee in this regard shall not be unreasonably withheld by the Lessee.
24. The Lessee shall be permitted to install at its sole cost and expense signage at following places:
• Running horizontal signage covering the entire front facade of the area
occupied . The width of the signage would be 4 to 5 feet.
• Any other place as mutually discussed and accepted by lessor.
The size, shape and style of the signage will be as per the name and style of the Lessee and there shall be no
restriction from the Lessor regarding the size. The Lessor will provide these signage spaces with additional cost
as may be fixed by the discretion of lessor. The Lessee shall pay the charges, if any, imposed by the government/
any other competent authority pertaining to the signage. The Lessor shall not allow to place signage of any other
company above the signage of the Lessee placed above the parapet of the building on the visible side of lessee's
board.
25. The Lessee, its agents and guests shall have unlimited access of 24 hours to the premises on all days of the week
including Sundays and public holidays. The common services, including lighting in common areas shall be
provided in such after office hours.
26. The Lessee will not have the right to sub-let the space to its subsidiaries, affiliates or group entities. The Lessee
shall intimate the Lessor of such intentions and seek written permission from him.

27. In case of the Lease Agreement registration, the registration and stamping charges shall be borne by Lessee.
Lessee shall take initiative to register the same. The original lease deed will be retained by lessor and lessee shall
have certified copy of it.
28. Any / all writings, written, communications, correspondence, agreements memorandum of understanding or
contractual transactions having direct or indirect impact, effect, bearing or influence on the agreed -terms and
conditions of this agreement shall be deemed to be and construed as the extension of the terms and conditions
agreed between the parties in furtherance of this agreement, if mutually agreed and accepted in writing.
29. The failure of the either party to enforce at any time or for any period any one or more of the conditions of this
Agreement shall not be a Waiver of them or of the right at any time subsequently to enforce all terms and
conditions of this Agreement.
30. This Agreement shall be governed by Indian law and the Parties agree to submit to the exclusive jurisdiction of
the Courts of Tumkur.

31. Any dispute arising howsoever in connection with the interpretation or implementation or purported
termination of this Agreement, the Parties shall attempt in the first instance to resolve such dispute by friendly
consultations. If such dispute is not resolved through friendly consultations within Thirty (30) days after
commencement of the discussions or such longer period as the Parties agree to in writing then both parties may
refer the dispute for resolution by Arbitration. All such disputes shall be referred to and finally resolved by
arbitration by a sole arbitrator to be appointed jointly by the Parties. The arbitrations proceedings shall be
conducted in accordance with the Arbitration and Conciliation Act 1996. The language of the arbitration shall
be English. The Place of the arbitration shall be Tumkur. The arbitration award without any bias and
infringement of natural justice shall be final and binding on the Parties and the Parties agree to be bound
thereby and to act accordingly. The Arbitrator may ( but shall not be required to) award to the party that
substantially prevails on merits, its costs and reasonable expenses (including legal costs ) when any dispute is
under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining
rights and fulfill their remaining respective obligations under this Agreement to the extent practicable.
32. The Lessor and the Lessee hereto acknowledge that the Agreement supersedes all prior communications
between them including all oral and written proposals. Any variation, addition and modification of this
agreement between the parties shall be valid only if in writing signed by the persons authorized.
33. The Lessor will not give on Lease or Leave and License any space in the building owned by the Lessors to any of
the Lessee's Competitors or their subsidiaries doing same type of business as being done by lessee in the leased
premises.

34. The Lessee's are bound to permit the lessor or his agent to enter at all reasonable times to view the condition of
the premises and to make good all defects there by found, within three months after notice;
35. The lessee shall not to use the demised premises or any part thereof or permit or suffer the same to be used for

any illegal or immoral purpose nor [without the consent in writing of the landlord] to carry on or permit or

suffer to be carried on thereon or on any part thereof any offensive noisome obnoxious or dangerous trade

business manufacture or occupation whatsoever [or use the demised premises or permit or suffer the same to be

used as a factory] or so as to cause nuisance annoyance or inconvenience, to the landlord his tenants or the

occupiers of neighbouring shops and houses.

36. The lessee shall not to do or permit or suffer anything to be done in or upon the demised premises or any part

thereof which may be or become a nuisance or annoyance or cause damage or inconvenience to the landlord or

the tenants or occupiers of neighbouring shops and houses.

37. The lessee covenants to (repair and) keep the exterior (other than windows and skylights locks latches and

fasteners) of the demised premises and of all additions to the same (and the internal load bearing walls roof and

floor joists thereof (but not including plaster or other surface material applied to interior faces of any load

bearing walls whether internal or external or floor boards or ceilings) and the main drains and the boundary

walls and fences thereof in tenantable repair.

SCHEDULE
All that piece and parcel of property, coming under ward No: ______ of Ashokanagar Extension of Tumkur with
Municipal Khatha Number _________, having Assessment Number _______________, having Site Number __________,
Measuring East-West towards East _______ Ft, East-West _________Ft, Out of total constructed area of _____ Sq ft,
leased portion is Ground Floor constructed area of ______ Sq Ft, with _________ type of flooring, with __________
rooms with doors and with ________________________ accessories. Totally Bounded by towards East :5 th Cross Road,
towards West : Conservancy, towards North : _______________________, towards South :_________________. on AS IS
WHERE IS BASIS.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE SIGNED THIS AGREEMENT ON THE DAY AND YEAR
FIRST HEREIN ABOVE WRITTEN.

WITNESS LESSOR
L
2. '

LESSEE

You might also like