Monday, March 7, 2011

Leave and License Agreement

THIS AGREEMENT OF LEAVE AND LICENCE made and entered into at Bombay on this _____ day of _______, 200__ by and BETWEEN Shri ______________________, an Adult, Indian Inhabitant of Mumbai Occupation: ______________, residing at ________________________________________, hereinafter called "the LICENSOR" the Party of the First Part AND Shri ___________________, an adult, Indian inhabitant of Mumbai, occupation: _____________ having his address at ____________________________, hereinafter called "the LICENSEE" the Party of the Second Part.


WHEREAS the Licensor is carrying on business of ________________________ from his Shop No._________________________________ and he is otherwise well and sufficiently entitled to and possessed of the said Shop No.__________________, hereinafter referred to the said shop premises AND WHEREAS the Licensor is not in a position to carry on his business on a full fledged basis AND WHEREAS the Licensee has approached the Licensor and requested him to grant a Licence to use and occupy portion of the said shop premises for a temporary period i.e. for eleven months AND WHEREAS the Parties have agreed to record the following terms and conditions agreed between them in respect of the said license:-


NOW THIS AGREEMENT WITNESSETH AS UNDER:-


1. It is hereby agreed by the Parties that the LICENSOR has allowed the LICENSEE to use and occupy a portion of the said shop premises to carry on its business activities, for the period of eleven months commencing from _____ day of ______, 200__ and accordingly allowed the Licensee to use and occupy a portion of the said shop premises for the said purpose and the said period will expire on the _______ day of _____, 200__.


2. It is hereby agreed by and between the parties that the Licensee shall pay interest free security deposit of Rs.___________ to the Licensor on or before execution of this agreement. Accordingly, the Licensee has paid the sum of Rs.___________ (Rupees __________________only) to the Licensor towards Interest free Security Deposit and the Licensor doth hereunder admit and acknowledge the receipt of the said Security Deposit.


3. The Licensor shall refund the said Security Deposit to the Licensee at the expiry of the License period and hands over vacant charge of the portion of the said shop premises to the Licensor forthwith after adjusting dues, if any.



4. The Licensee shall pay Rs.____________(Rupees ___________) per month towards monthly compensation to the Licensor in advance on or before ________day of every license month.


5. The Licensee is allowed to bring in its own articles and things in the portion of the said shop premises during the period of licence and the Licensee shall remove the same at the expiry of the License period.


6. The Licensee shall pay or reimburse the Electricity charges to the Licensor as per the Electricity Bills in respect of the said shop premises during the license period within 7 days of such demand made by the Licensor.


7. The Licensee shall not cause any nuisance and/or annoyance to the Licensor and/or neighbouring occupants.


8. The Licensee shall not store hazardous and/or inflammable material/goods save and except the material/goods permitted to be stored in their usual course of business and the Licensee shall take out necessary insurance for the said material goods at its own cost.


9. It is hereby agreed by the Parties that after the expiry of this agreement, the Licensee shall hand over the portion of the said shop premises to the Licensor without fail subject to refund security deposit after adjusting dues if any as aforesaid to the Licensee.


10. It is hereby agreed by and between the parties that what is agreed is only a license in favour of the Licensee for a period of eleven months and the Licensee undertakes that it will not claim any right over the portion of the said shop premises as tenancy or sub-tenancy and also will not claim any right, title or interest in respect of the said shop premises.


11. The Licensee hereby undertakes that it will use and occupy the portion of the said shop premises for its own business activities and will not allow any third party interest in the portion of the said shop premises nor will it allow any third party to use and occupy the said portion of the shop premises.


12. The Licensee hereby further undertakes and promises that it shall not carry out any structural additions or alterations in the said portion of the shop premises.


13. It is clearly understood by the Licensee that the exclusive possession of the said shop premises is with the Licensor and he will continue to be in exclusive possession of the said shop premises.


14. The Licensor has handed over one bunch of duplicate keys of the main door/shutter to the Licensee for convenience and the Licensee shall not change/alter the said locks under any pretext. At the expiry of the license period, the Licensee shall hand over the said bunch of duplicate keys to the Licensor.

IN WITNESS WHEREOF both the parties are putting their respective seals and signature to this writing on this day and year as mentioned hereinabove.

SIGNED SEALED AND DELIVERED BY )
the withinnamed LICENSOR; )
_____________________________ )
in the presence of................... )

SIGNED SEALED AND DELIVERED BY )
the withinnamed the LICENSEE )
________________________________ )
in the presence of............ )

RECEIPT

RECEIVED a sum of Rs._______ )
(Rupees ______________ only ) as )
Security deposit without any interest )
from the Party of the Second Part ) Rs.___________/-

WITNESSES: I SAY RECEIVED:
Rs.___________
1.

2.
(_______________________)
LICENSOR

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