LICENCE
FOR BUILDING AND MAINTAINING A CINEMA HALL
[CD1]
This
Deed of Licence is made Between
M/s
_______________________________________________________________, a Company
incorporated under the Companies Act, 1956 and having its registered office at
______________________________, hereinafter called "the Licensor"
(which expression shall unless contrary to the context, include its heirs and
assigns) of the One Part;
And
M/s
________________________________________________________a Company incorporated
under the Companies Act, 1956 and having its registered office at
______________________________________,
hereinafter called "the Licensee" (which expression shall unless
contrary to the context, include its heirs and assigns) of the Other Part.
Whereas
the Licensor being owner of the plot of land admeasuring …………………….. sq. metres
located at
______
(more specifically stated in the Schedule annexed hereto) hereinafter referred
to as Premises.
And Whereas the Licensor intends to build
/operate on the Premises a cinema hall and the Licensee has consented with the
Licensor to do so upon being given a suitable site for the same and the
required permission to construct thereon.
And
Whereas the Board of Directors of the Licensor have adjudged in giving by leave
and Licence only,
Premises
to Licensee
for using
the same
for the
specified purposes;
Now
This Deed Witnesses as Follows:
1. Grant
of Easement
In
consideration of the periodical payments hereinafter consented to be paid by
the Licensee, the Licensor hereby grants to the Licensee LEAVE AND LICENCE to
construct and maintain the cinema hall in the Premises The Licensee shall too
build a concrete passage from the cinema hall to point marked A per Schedule
and shall build/ maintain a gate at that point. The Licensee, his servants and
agents and all other viewers for entertaining in cinema hall have full right of
passage. Any alteration for the authorised purpose shall be made with express
permission of Licensor.
2. Period
of Licence
The
Licence under this agreement shall operate for 5 (five) years from the date
Premises is handed over to the Licensee (hereinafter referred to as the
beginning date) for doing the required purpose. If Licensee, opt for renewing
the Licence per this Agreement same shall be renewed for 5 (five) years at a
time.
3. License
Fees
(a) That
the Licensee shall pay to the Licensor a sum of Rs.__________ (Rupees
_________________________
only) as Licence fees by the 7th day of every month. First such payment be made
on beginning date.
(b) In
addition to the license fees, the Licensee shall too pay a sum of Rs. ______,
with out interest security deposit to the Licensor, refundable by Licensor, if
license ended on its period of expiry .
4. Licensee
Not To Use Premises For Purpose Other Than That Given on Licence
The Licensee hereby agrees
with the Licensor that he will not use the Premises for any purpose other than
the purpose stated above. If, he uses the same for any other purpose he shall
handover the Premises to the Licensor having removed all buildings there in and
clearing the said site of all foundations or buildings constructed by him
thereon.
5. Quiet
Enjoyment
The
Licensor hereby agrees with the Licensee that till such time as the Licensee
performs and observes the terms herein before stated he shall use and enjoy the
Premises.
6. Necessary
Permits
The
Licensee shall get and enforce all permission and licenses, as needed by law in
using the Premises and complying with condition as unclosed to any such
permission or licenses.
7. Right
of Revocation
On
contravening any condition stated as before Licensor may, despite waiving of
any prior right of revocation, revoke the above stated License and thence same
shall become nullity.
8. Refund
of Security Deposit
On ending of the period of
Licence and vacating of Premises by Licensee in proper and good condition the
Licensor shall refund the security deposit to the Licensee. If the security
deposit is not refunded within 30 days from the date of ending of this Licence
and vacation of the Premises the Licensor shall pay an interest at the rate of
___% from the date of vacation of the Premises till the date of payment.
9. Right
of Assignment
Licensee
shall have right in assigning/transferring his/its right per this Licence with
the express agreement of the Licensor on such conditions and terms as the
Licensor may notify from time to time in this respect.
10. Termination
The
Licensor shall be within right in terminating Licence, if any of the terms of
the Licence is breached by the Licensee by serving 30 (thirty) days express
notice to the Licensee to remove the contraventions or terms breached, and on
failure of the Licensee to remove the said contraventions by 30 (thirty) days,
the Licence will be terminated. If Licensee wants to terminate Licence . He may
do so by serving 60 (sixty) days express notice to the Licensor and the Licence
shall be terminated on such ending of the notice.
11. Right
of Mortgage
Despite
anything stated before the Licensor can create charges/mortgages per first
charge on its Premises and the buildings built and to be built, favouring the
Financial Institutions and Banks as Security for their term loans advanced/to
be advanced to the Licensor for its needs.
12. Arbitration
The
Parties hereby acknowledge, agree and consent: (a) that the enactments of this
agreement and the rights of all Parties stated herein shall be ruled by laws of
India and decided according to enactments of Arbitration and conciliation Act,
1996.
In
Witness Whereof, the parties have executed this Agreement on date first above
written.
Date:
Licensor:
Licensee:
Witnesses:
1.
2.
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