GRANTING
LICENCE FOR BUILDING ON THE LICENSOR'S LAND
[CD1]
An Agreement entered
on the _____ day of _____
Between
Mr.
_______________________________,
S/o________________________________,
R/o____________________________________________________________,
etc. (hereinafter called "the grantor") of the one part
And
M/s _____________________________________________________________, a company
incorporated under the Companies Act, 1956 having its office at
____________________________, (hereinafter called "the grantee") of
the other part;
Whereas the grantee has applied to the grantor for
license to build , maintain and use a bridge across the land stated and the
plan annexed in the schedule hereto which bridge is needed for the better
transportation of the trucks leading to factory of the grantee hereinafter
called the Factory;
And Whereas such
bridge if built would benefit the prospect of the grantor's estate;
And Whereas the grantor has
hence consented to grant such liberty as stated above to the extent and subject
to the terms hereinafter contained and the grantee has consented to accept the
grant on such conditions.
Now These Presents
Witness as Follows:
1. Grant
of Easement
2. The
grantor hereby bestows to the grantee complete Licence to build and maintain a
bridge across the said land between the said points and along the said route.
The grantor also bestows to the grantee a right way upon the same for
pedestrian, traffic or by whatever ways at all times for the grantee, his
servants, agents and customers. The grantee shall be exercising such Licence
and right of way for as long as such bridge shall be needed for any of the
purposes of the grantee in working and managing the said Factory but no longer.
2.
Grantee’s Covenants : It is hereby agreed and declared that the
above stated grant is subject to the following conditions all of which the
grantee hereby agrees with the grantor for observing and performing:
3. (i)
To put up Notices
As
soon as such bridge become ready for use the grantee will put up and will at
always thereafter maintain in good and legible condition notices in a form to
be sanctioned by the grantor on each terminus of such bridge. which notice
shall signify that the bridge is a private bridge sustained for the use of the
grantee and that using it by members of the public is only permissive;
(ii)
To prevent the bridge from
becoming a
public property
That
the grantee will doing interval of time per express notice stop all traffic
upon such bridge from either terminus thereto excepting traffic by the grantee,
his servants, agents and customers or by the grantor and his servants and
agents. The grantee shall appoint a person a such occasion post a person at
each terminus for explaining that traffic is stopped for preventing the
acquisition by the public of any right to use such bridge for any purpose
whatever. Except as herein before provided the grantee shall not be bound to
prevent or control the use of such bridge by any person nor shall be in any way
responsible for any damage done by any person other than those in the
employment or control of the grantee;
(iii)
Right to cancel on any
contravention of either of the conditions herein before contained the grantor
may, excepting the waiver of any previous right of cancellation, revoke the
aforesaid grant and thereupon the same shall become nullity.
3. Grantor’s
Covenants
The
grantor hereby agrees with the grantee as follows
(i)
Non cancellation
(ii)
That so long as the
conditions herein before contained are observed the aforesaid grant will not be
revoked. (iii) Payment
The grantor will pay on a
annually basis either half the cost of maintenance and repair of the bridge
incurred each year or will contribute towards the same a sum of Rs. _______
whichever sum shall be less.
(iv) Opting for Surrender
The
grantee or its heirs may at any time surrender its rights under these presents
and that nothing herein contained shall impose upon it any duties to build or
to sustain such a bridge as stated above after such rights have been
surrendered.
4. Parties
Covenants
The
parties hereby agreements that subject to the conditions herein before stated
the grantee shall repairing and maintaining the bridge in a good condition by
carrying out compulsory repairs and the sole liability in this behalf shall be
that of the grantee. Non-payment of repair and maintenance contribution by the
grantor under clause 3(ii) shall be no rasion for not maintaining and keeping
the bridge in good repairs.
It
is also consented that if the grantor not pay the repair and maintenance cost
of the bridge per clause 3 (ii) the grantee may deduct such amount from its due
towards the grantor.
5. Notices
All
demand notice, requests, or other correspondence needed or allow to be given or
made under this Agreement shall be express and stated to have been given when
received and shall be addressed as follows:
(i) If
to Grantor, at _____________
(ii) If
to Grantee at _____________
Any Party hereto whose address is changed
shall for the purpose of this covenant by giving express notice to the other
parties at the address and in the manner laid above. Any correspondence
dispatched per telegram, telex or facsimile shall be confirmed by letter,
receipt requested, or any other authentic means of notification.
6. Severability
The
unenforceability or illegality of any provision of this covenant shall not
affect the enforceability or validity of any other provision.
7. Waiver
And No Waiver
The Parties hereto may waive any condition,
agreement or covenant desired for benefiting it, provided each such waiver
shall be expressly signed by the waiving party. No failure of any of the
Parties to require the performance by the other of any term of this Agreement
shall in any way affect their rights to enforce such term nor shall any waiver
by the Parties of any term hereof be taken or held to be a waiver of any other
condition or a breach hereof.
8. Amendments
No amendment, alteration or discharge of this
covenant, and no waiver hereunder, shall be legal or binding unless written and
duly executed by the Parties against whom enforcement of the alteration,
modification, discharge or waiver is sought.
9. Heirs
And Assigns
This
covenant shall be binding and used to the benefit of Grantors, Grantee and
their respective heirs and assigns.
10. Entire
Agreement
This covenant describe the whole
understanding of the Parties concurring the subject matter hereof and may be
altered only by agreements signed by both of the Parties hereto. Any and all
previous or collateral representations, promise or condition not incorporated
herein or made a part hereof shall not bind the Parties.
11. Third
Parties
Nothing
in this covenants is intended to bestow any right or remedy under or by reason
of this Agreement on any person excepting the Parties hereto and their
respective heirs and assigns.
12. Governing
Law Forum and Consent to Jurisdiction
The Parties hereby acknowledge, agree and
consent: (a) that the enactments of this covenant and the rights of all Parties
stated herein shall be ruled by the laws of India and decided according with
enactments of Arbitration and conciliation Act, 1996.
13. Titles
and Headings
Titles
and headings per sections herein are given for convenience of reference nearly
and are not intended to be a part of or affecting the meaning or interpreting
this covenant.
14. Execution
In Counterparts
This
covenant may be executed in one or several counterparts, each of, which shall
be deemed an original, but all of which together shall constitute one and the
same instrument.
In
Witness Whereof, the parties have executed this covenant as of the date first
above written.
Grantor:
By:
Its:
_________
Grantee:
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