LEAVE AND LICENSE AGREEMENT TO A COMPANY FOR RESIDENCE OF ITS
OFFICERS
THIS AGREEMENT
is made at ... this ... day of ... between Mr. A hereinafter referred to as
'the Licensor' of the One Part and M/s. ABC & Co. Ltd., a Company
registered under the Companies Act, 1956 and having its registered Office at
... hereinafter referred to as the 'Licensee' of the Other Part, as
follows-
WHEREAS the
Licensor is the owner of a Residential Flat No... on the ... floor in the
building known as ... and situate at ... bearing Survey No... which, building
with the land attached thereto belongs to ... Co-operative Housing Society
Ltd., and which Is situate at
...
AND WHEREAS the
said Flat has a carpet of... sq. ft. and has ... rooms besides toilet rooms,
kitchen, and balconies. It belongs to and is in possession of the Licensor as a
member of the said society.
AND WHEREAS the
said Flat Is at present not required by the Licensor as he has been transferred
to ... by his employer.
AND WHEREAS the
Licensor has agreed to grant leave and license to the Licensee for the
occupation and use of the said Flat by its one or the other officer on the
following terms and conditions agreed to between the parties hereto.
NOW IT IS AGREED
BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-
1.
The Licensor hereby grants
leave and license to the Licensee to occupy and use the said Flat (hereinafter
referred to as the Licensed Premises) for a period of three years from the date
hereof for the residence of any one Officer of the Licensee alongwith his
family members and for no other purpose.
2.
The Licensee will Intimate In
writing to the Licensor the name and designation of the Officer who is allotted
the said Flat and also the names of members of his family who will be occupying
the said premises alongwith that officer.
3.
The Licensee shall pay to the
Licensor a sum of Rs... per month (calculated at the rate of Rs... per sq. ft.)
as License fee or compensation to be paid in advance for each month on or
before the ... day of each month.
4.
All the Municipal taxes and
other taxes and levies in respect of the Licensed premises will he paid by the
Licensor alone.
5.
The electric charges and water
charges for the Licensee to the authorities concerned and the Licensor will pay
electric and water consumption in the said Licensed Premises will not be
responsible for the same. For the sake of convenience separate electric and
water meters if possible will be provided in the said premises. The maintenance
charges payable to the said Co-operative Society by the Licensor will be
payable by the Licensee through the Licensor or direct to the Society but for
and on behalf of the licensor. The said charges will be exclusive of the
monthly compensation payable by the Licensee as aforesaid.
6.
The Licensee or its Officer
occupying the said premises will be allowed to use the open space No... under
the stilts of the said building for parking one car only during the period of
the License and no separate compensation will be payable for the same. The said
parking space will be deemed to be a part of the Licensed premises.
7.
The Licensed premises will be
used only for residence of the Officer of the Licensee and for no other
purpose.
8.
The Licensed Premises have
normal electricity fittings and fixtures. The Licensee or Its officer shall not
put up any additional fittings and fixtures and no other changes, by way of
additions or alterations will be made to or in the said Licensed Premises.
9.
The Licensed Premises are given
to the Licensee on personal basis and the Licensee or its officer occupying the
same will not be entitled to transfer the benefit of this agreement to anybody
else or will not be entitled to allow anybody else to occupy the premises or
any part thereof. Nothing In this agreement shall be deemed to grant a lease or
tenancy, and the Licensee agrees and undertakes that the Licensee shall take up
no such contention at any time.
10.
The Licensee shall not 6e
deemed to be in the exclusive possession of the Licensed premises and the
Licensor will have the right to enter upon the premises at any time during
working day hours to inspect the premises. The juridical possession shall be
deemed to be with the Licensor.
11.
The Licensee shall maintain the
licensed premises in good condition and will not cause any damage thereto. If
any damage is caused to the premises or any part thereof by the Licensee or its
employees, servants or agents, the same will be made good by the Licensee at
Its cost either by rectifying the damage or by paying cash compensation as may
be deter- mined by the Licensor's Architect.
12.
The Licensee or the Officers
occupying the same shall not cause any nuisance or annoyance to the people in
the neighbourhood or store any hazardous goods on the premises or near about
and shall not do any act which would be a breach of the bye-laws of the said
society.
13.
If the Licensee commits a
breach of any term of this agreement then notwithstanding anything herein
contained the Licensor will be entitled to terminate this agreement by fifteen
days prior notice to the Licensee. Any act of commission or omission committed
by the Officer of the Licensee occupying the Licensed Premises will be deemed
to be an act of omission or commission of the Licensee.
14.
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 Licensed Premises to the
Licensor in the same condition In which the premises now exist subject to
normal wear and tear. The Licensee or its Officer remaining in occupation of
the premises after such termination will be deemed to be an act of
trespass.
15.
If the Officer of the Licensee
occupying the said Licensed Premises under this agreement, ceases to be the
Officer of the Licensee for any reason whatsoever, the Licensee shall take
steps to immediately remove him from the said premises. As a security for the
said assurance or obligation of the Licensee, as well as a security for the
performance and observance of the terms and conditions of this agreement, the
Licensee has deposited with the Licensor a sum of Rs... without interest. If
the Licensee commits breach of any term or condition of this agreement and this
agreement and the license hereby granted are terminated by the Licensor, the
said deposit will stand forfeited to the Licensor. without prejudice to the
other rights of the Licensor under this agreement or In law and without the
Licensee being absolved of his obligations under this agreement. If. however,
this agreement is terminated without any default on the part of the Licensee,
its servants and agents or by the efflux of time, the said deposit will be
refunded to the Licensee on such termination forthwith.
16.
This agreement will also stand
terminated on the Licensee going into liquidation voluntarily or through
Court.
IN WITNESS
WHEREOF the parties hereto have put their hands the day and year first
hereinabove written.
Signed by the
withinnamed Licensor Shri A,
in the presence
of ... ... ...
Signed by the
withinnamed Licensee M/s. ABC & Co. Ltd.
by Its Managing
Director, duly authorised in that
behalf, in the
presence of
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