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LEAVE AND LICENSE AGREEMENT

This Leave and License Agreement (“the Agreement”) made at Vasai on


this ____ day of ___________ 20___ by and between:

___________________________, Age: ___ years, PAN:______________,


AADHAR: ___________________, an adult of Indian Inhabitant, at present
residing at __________________________________________________
(hereinafter referred to as the “Licensor”) (which expression unless
contrary or repugnant to the context or meaning thereof shall mean and
include her legal heirs, executors, administrators and assigns) of the
FIRST PART;

AND

____________________________________________, PAN: ___________________,


Aadhar: ____________________, having its address at
_________________________________________ (hereinafter referred to as the
“Licensee”) (which expression unless contrary or repugnant to the context
or meaning thereof shall mean and include his legal heirs, executors,
administrators & assigns) of the OTHER PART.

The terms ‘Licensor’ and ‘Licensee’ are hereinafter individually referred to


as a “Party” and collectively referred as the “Parties”, as the context may
require.

WHEREAS:-

a) The Licensor is the absolute owner of and otherwise well and


sufficiently entitled to and seized and possessed of the
_________________________________________________________________
_________________________________________________________________
(hereinafter referred to as the “Licensed Premises”), more
particularly described in the Schedule below;

b) The Licensee has approached the Licensor and requested to take


the Licensed Premises on a ‘Leave and License’ basis, by way of a
pure and simple license and without claiming any other rights in,
to, upon or in respect of the Licensed Premises;

c) The Licensee has requested the Licensor to allow it to use and


occupy the Licensed Premises for a period of ____ (_________) months
(hereinafter referred to as the “Licensed Period”) being effective
from ________________________ (hereinafter referred to as the
“License Commencement Date”) and terminating on
__________________________ (both days inclusive);

d) At the request of the Licensee, the Licensor has agreed to grant the
Leave and License of the Licensed Premises to the Licensee for the
temporary use and occupation of the Licensed Premises during the
License Period on the terms and conditions mutually agreed upon
by the Parties as set out herein below.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED,


DECLARED AND RECORDED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:-

The recitals set forth hereinabove are hereby incorporated into and shall
form an integral and operative part of this Agreement.

1. Grant Of Leave And License: The Licensor hereby grant “LEAVE


AND LICENSE” to the Licensee to occupy the said
___________________________________________________________________
__________________________________________________________________,
by way of a pure and simple license and without claiming any other
rights in, to, upon or in respect of the Licensed Premises;

2. Commencement of License Fee: That the monthly License Fee shall


commence from _____________________________.

TENURE - The Licensor shall be deemed to be in judicial possession


of the said Shop and the Licensee will use and occupy the said Premise
along with permanent fittings and fixtures with the License of the
Licensor for a Period of _____ months commencing from ____________
to ____________________, (both the days inclusive). It is mutually
agreed between the parties hereto that the exclusive possession of the
said room shall vest in the Licensor and the Licensee shall have only
the right to use and occupy the said premise for a period mentioned
herein.

3. License Fees and other charges:

3.1 In consideration of the license to use and occupy the Licensed


Premises hereby granted by the Licensor to the Licensee, it is hereby
agreed and confirmed by the Licensee that the Licensee shall pay to
the Licensor, the monthly leave and license charges of Rs. ________/-
(Rupees _________________ Only) (hereinafter referred to as the
“License Fees”) for the License Period.
3.2 The License Fees are payable on or before 10th of every next calendar
month to the Licensor for the said month. If the Licensee fails to
make the payment as agreed above, they are liable to pay the same
along with interest calculated @18% p.a on the defaulted period i.e
the date on which such sum was due and payable upto the date on
which such payment is subsequently paid. If the Licensee fails to
make the payment of the outstanding Licensee Fee for a continuous
period exceeding (1) one month, then the Licensor shall be entitled
to terminate this Agreement.
3.3 The above License Fees are exclusive of existing Municipal Property
Tax and Society Maintenance Charges as are payable to concerned
authority which may be paid from time to time by the Licensor. All
incremental property taxes and all tax levied relating to the said
Subject Property whatsoever levied by the relevant Government /
statutory authorities shall be borne and paid by the Licensor.

4. Refundable Interest Free Security Deposit – In addition to the above,


the Licensee has deposited a sum of Rs. ________/- (Rupees
_________________ Only) as interest free refundable deposit (hereinafter
referred to as “Security Deposit”) to be retained by the Licensor
throughout the License Period and which shall be returned / refunded
on the expiry / prior termination of the License Period, to the Licensee
after deducting all dues, if any, payable by the Licensee to the Licensor
subject to the Licensee handing over the possession of the Licensed
Premises back to the Licensor. It is agreed that the said Security
Deposit shall be refunded to the Licensee by the Licensor without any
interest thereon on the expiry of this Agreement or determination or
sooner termination of this Agreement and on the Licensee handing over
quiet, vacant and peaceful possession of the Licensed Premises by
removing themselves and their agents along with all belongings,
articles and things from the Licensed Premises. Normal wear and tear
5. Electricity Charges:-

5.1 In addition to the License Fees payable by the Licensee to the


Licensor as above, the Licensee shall pay the requisite charges
directly as shown in the MSED Bill for consumption of the
electricity charges.
5.2 The Licensor has represented to the Licensee that they are
absolutely entitled to grant the Licensed Premises on License
basis in favour of the Licensee and that there is neither any
impediment nor obstacle in respect of the same.
5.3 The Licensee shall have unhindered and uninterrupted access to
the Licensed during the License Period and for all 24 hours and
all the 7 days in a week (subject to the rules and regulations of
the said Society and the relevant statutory authorities). The
visitors of the Licensee shall be entitled to visit the Licensed
Premises without any obstruction or interference (subject to the
rules and regulations of the said Society and the relevant
statutory authorities).

6. OBLIGATION OF THE LICENSOR: -


6.1 The Licensor shall pay Municipal / Property taxes and Society
Charges in respect of the Licensed Premises.
6.2 Upon the Licensee performing or observing the terms, conditions
and stipulations herein contained to be observed and performed
by them, the Licensee shall during the License Period be entitled
to use and occupy the Licensed Premises without any
interference from the Licensor or any person/s claiming under
or through the Licensor.

7. OBLIGATION OF THE LICENSEE :-


7.1 The Licensee will be solely responsible for obtaining requisite
licenses from various authorities and will indemnify the
Licensor for damages that the Licensor may incur in event of
failure of Licensee to comply with statutory provisions requisite
for conducting the Business.
7.2 The Licensee shall not carry out acts or activities which are
obnoxious, anti–social, immoral, or which may cause a
nuisance to the other occupants of the said Society or which
may prejudice the rights of the Licensor as the owner of the
Licensed Premises. The Licensee shall use the Licensed
Premises to carry out its Businesses and for no other purpose
whatsoever;
7.3 The Licensee will be responsible for all the legal matters for their
business / government and bank liabilities / dues and Licensor
will not be responsible for the same.
7.4 The Licensee shall not store or bring any hazardous articles /
articles of flammable nature in the Licensed Premises.

8. LOCK-IN PERIOD – The first six months of the license period shall be
known as the Lock-In Period and if the Licensee vacates the said
Licensed Premises during the said period, he shall have to pay the
royalty / license fees for the six (6) months to the Licensor.

9. TERMINATION – This Agreement shall be deemed to have come into


force with effect from ________________ and subject to the terms thereof,
shall remain in force for a period of ____________ (___) months from
________________________ to _____________________.

Either Party may terminate this Agreement by giving thirty (30) days
prior written notice (hereinafter referred to as “Notice Period”) to the
other Party without assigning any reason whatsoever. The Licensor
shall be entitled to terminate this Agreement on occurrences of the
following circumstances (hereinafter referred to as “Events of
Default”):-
i. If the Licensee used the Licensed Premises for any unlawful activity
or for carrying on a business other than the Business defined
herein;
ii. The License Fees for any particular month remaining outstanding
for more than three (3) months or (90) ninety days.
iii. Any breach of or non – compliance with any covenants, obligations,
duties etc of the Licensee under this Agreement notwithstanding
anything contained in this Agreement.

10. MAINTENANCE OF THE PREMISE - The Licensee shall keep the said
Room in good condition and shall not cause any damage thereto and
shall not create any nuisance or annoyance to the people or store any
hazardous goods in the said Room. The Licensee shall maintain the said
Room in its existing condition and damage if any, caused to the said
premise the same shall be repaired by the Licensee at its own cost
subject to normal wear and tear or the Licensor shall have the right to
deduct the estimated expense amount from the refundable deposit.

11. HANDOVER OF POSSESSION AFTER TERMINATION OF LICENSE:


On the expiration of the said term or period of the License or earlier
termination thereof, the Licensee shall hand over vacant and peaceful
possession of the said room to the Licensor, in the same condition in
which the premises now exist subject to normal wear and tear.

12. BREACH OF TERMS AND CONDITIONS - It is agreed that if the


Licensee commits any breach of terms and conditions of this Agreement
the Licensor shall be entitled to revoke the License hereby granted after
giving the License one month written notice to remedy the breach
complained of not having been remedied, the License hereby granted
stands revoked.

13. That this writing is binding on the parties.

Each Party shall bear and pay their respective Advocates/Solicitors/


Real Estate Agents Cost.
Schedule of Property

Description of the Licensed Premises

SIGNED AND DELIVERED

By the within named "Licensor"

_____________

In the presence of

1.

2.

SIGNED AND DELIVERED

By the within named "Licensee"

___________________

In the presence of

1.

2.
RECEIPT

RECEIVED of and from the within named Licensee ________________, a


sum of Rs ___________/- (Rupees _____________ Only) being the Refundable
Interest Free Security Deposit amount.

I SAY RECEIVED RS _________/-

(LICENSOR).

WITNESSES :

1.

2.

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