LEASE
DEED
This
Indenture made at ......................., ................... this ... day of ......
20.. Between Mr. ................................................... son of Mr.
........................................ , having it`s residential address at .............................................................................,
an Indian Inhabitant, hereinafter called “the Lessor” (which expression shall
unless it be repugnant to the context or meaning thereof he deemed to include
his ...............................) of the One Part AND Mr. …………………………. son of
Mr. ……………………………………………….. , having it`s residential address at ……………………………………………………………....
, an Indian Inhabitant, hereinafter called “the Lessee” (which expression shall
unless it be repugnant to the context or meaning thereof he deemed to include
his ........................) of the Other Part (INDIVIDUAL) : .................................................
, a company registered under the Companies Act 1956 bearing Company
Registration Number :- .......................,
having it`s registered office at
........................................................................................
through it`s Director Mr. ................................................ son
of Mr. ............................................................. an Indian
Inhabitant, having it`s permanent residential address at .........................................................................................................
hereinafter called “the Lessee” (which expression shall unless it be repugnant
to the context or meaning thereof he deemed to include his ....................................)
of the Other Part (COMPANY);
WHEREAS
:-
A) The Lessor is owner and possessed of or
otherwise well and sufficiently entitled to the plot of land situated at
........................................................ and more particularly
described in the schedule hereunder written.
B) The Lessor has agreed to demise to the
Lessee the said plot of land together with the right to construct Country Liquior
Production and Distribution buildings and/or structures thereon for the term
and/or period and at the Monthly Lease Rent and upon the covenants, provision,
terms and conditions recorded herein without claiming any other personal right.
C) The Lessor has agreed to demise to the
Lessee the said plot of for Country Liquior Production and Distribution for
which License has been obtained by the Lessee which has been given by State Of ..........
Exesice Department, being License Number :-
............................................ as the business to be conducted by
the Lessee on the said plot of land and apart from above mentioned business
other and/or any type business shall not be conducted on the said plot of land.
D) That all, the letter, commitment either
written and/or oral, agreement and/or any term executed and/or issued by either
Party before execution hereof stand terminated and cancelled and the same shall
be treated as void after execution of these presents. It is agreed between the Parties
hereto that any variation and/or modification and or alteration of any of the
terms and conditions set out therein shall always be in writing and signed and
registered by the Parties hereto. Neither of the Parties hereto contends any
modification and/or change in this Lease Deed, unless such change and/or
modification is reduced in writing and duly signed and registered by the Parties
hereto.
E) At the request of the Lessee, the
Lessor has agreed to execute these present in favour of the Lessee.
NOW THIS
INDENTURE WITNESSETH AND IT IS AGREED BY AND BETWEEN THE LESSOR AND THE LESSEE
HERETO AS FOLLOWES:
01. In consideration of the Monthly Lease Rent
and Lessee`s covenant, provisions, terms and conditions mentioned hereinafter
and to be performed and observed on the part of the Lessee, the Lessor agree to
demise said plot of land as Lease as requested by the Lessee and the Lessee
agree to take said plot of land situated at ................................................................
and more particularly described in the schedule here under, written together
with the right to construct and/or built buildings and/or structures for Country
Liquior Production and Distribution thereon AND TO HOLD UNTO the Lessee the
said plot of land and/or premises hereby demised (hereafter for sake of
brevity`s referred to as “the demised premises”) from the 01st day
of April 2011 to 31st March
2019 for a term and/or period of nine (09) years.
02. The Lease Rent payable by the Lessee to
the Lessor for nine (09) year i.e. One Hundred And Eight (108) months on Monthly
Lease Rent basis shall be as under:
a) Rupees
............................./- (Rupees ...........................................
only) per month for the first term and/or period of three (03) years i.e.
Thirty-Six (36) months from the date of commencement of the Lease;
b) Rupees
............................../- (Rupees ............................................
only) per month for the subsequent term and/or period of three (03) years i.e.
Thirty-Six (36) months;
c) Rupees
.............................../- (Rupees ................................................
only) per month for the last term and/or period of three (03) years i.e.
Thirty-Six (36) months.
The
aforesaid Monthly Lease Rent for each month shall be payable by the Lessee to
the Lessor on or before 07th day of each month in advance. The Monthly
Lease Rent shall be payable by the Lessee net of service tax, value added tax
and/or any other indirect taxes, levies and cess (if any and if applicable) and
such taxes shall be paid and/or reimbursed by the Lessee. Further, if
applicable, the Lessee shall be entitled to deduct Tax Deducted at Source (TDS)
under the Income Tax Act, 1961 and shall furnish the Certificate of such
deduction to the Lessor within a period of thirty (30) days from its deduction.
The Lessee shall deposit Tax Deducted at Source (TDS) with the authority
concerned. In event of any delay in making payment of Monthly Lease Rent (also
service tax, value added tax and any other indirect taxes, levies and cess) by
the Lessee, the Lessor shall without affecting his other rights and remedies be
entitled to interest on arrears at the rate of (@) Eighteen (18) percent (%)
per annum on the outstanding and/or arrears amount for the delayed month of the
term and/or period. However, provision for payment of interest shall not
entitle the Lessee to delay payment on it`s due dates and further such interest
shall be recovered as if the same formed part of the Rent and interest on outstanding
and/or arrears amount shall be calculated by Compound interest method.
03. Notwithstanding any terms, conditions,
provisions and covenants of this Lease Deed and in all the circumstances
including the circumstances wherein the Lessor is compelled to terminate
present Lease Deed, the Lessee shall be bound and liable to pay the Lessor the Monthly
Lease Rent and all other applicable amounts as recorded in this Lease Deed for
the lock-in-term and/or period irrespective of the fact whether the Lessee has
used the said demised premises for the said lock-in-term and/or period or not.
04. Further, Monthly Lease Rent for any month
shall not be adjusted with the security deposit as mentioned in clause five (05)
for any delay in payment of the Monthly Lease Rent and/or otherwise till the expiry
of the Lease term and/or period by efflux of time and/or earlier
determination/termination of this Lease Deed.
05. In addition to the aforesaid Monthly Lease
Rent, the Lessee shall deposit a sum of Rupees ............................./- (Rupees
........................................... only) with the Lessor as an interest free
security deposit for due observance and performance of the terms, conditions,
provisions and covenants of this Lease Deed. The said security deposit shall be
returned to the Lessee without interest and after deducting therefrom the
amounts, if any, payable by the Lessee to the Lessor hereunder including upto
date payments of all the municipal taxes and other rates, taxes, charges,
duties, burdens, assessments, outgoings, impositions and cess payable in
respect of the demised premises as applicable from the date of the commencement
of the Lease term and/or period till expiry of the Lease term and/or period by
efflux of time and/or earlier determination/termination of the Lease and
remaining outgoing charges in respect of the said the demised premises
including water charges, electricity charges, security charges, telephone bill
etc. of the said demised premises and handing over its vacant and peaceful
possession of the Lessor on expiry of the Lease term and/or period by efflux of
time and/or earlier determination/termination of the Lease.
06. The said Security Deposit shall be
refunded by the Lessor to the Lessee without interest as provided above only
against the Lessee handing over the Lessor all TDS certificates and the Lessee
producing and handing before the Lessor, the duly paid bill and/or receipts
and/or challans for the payment of all municipal taxes and other rates, taxes,
charges, duties, burdens, assessments, outgoings, impositions, cess, water
charges, electricity charges, security charges, telephone bill etc. of the said
demised premises upto the end of expiry of the Lease term and/or period by
efflux of time and/or earlier determination/termination of the Lease.
07. All municipal taxes and other rates,
taxes, charges, duties, burdens, assessments, outgoings, impositions and cess
payable in respect of the demised premises as applicable on before the date of
the commencement of the Lease term and/or period shall be borne and paid by the
Lessor and the Lessor agrees and covenant to pay the same and thereafter, all
municipal taxes and other rates, taxes, charges, duties, burdens, assessments,
outgoings, impositions and cess payable in respect of the demised premises as
applicable from the date of the commencement of the Lease term and/or period till
expiry of the Lease term and/or period by efflux of time and/or earlier
determination/termination of the Lease shall be on account of the Lessee and
shall be borne and paid by the Lessee
and the Lessee agrees and covenant to pay the same regularly. Any further
increase in municipal taxes and other rates, taxes, charges, duties, burdens,
assessments, outgoings, impositions and cess after the date of commencement of Lease
shall be on account of the Lessee and shall be borne and paid by the Lessee.
All other and remaining outgoing charges in respect of the said the demised
premises including water charges, electricity charges, security charges,
telephone bill charges shall be borne and paid by the Lessee.
08. The initial term and/or period of first
three (3) years of Lease shall be treated as lock-in-term and/or period during
which neither Party shall be entitled to terminate the Lease (except for breach on part of the Lessee). If
the Lessee opts to terminate and/or surrender the Lease and handover the vacant
possession of the said demised premises to the Lessor before the expiry of the
said lock-in-term and/or period of three years, in that event the Lessee shall
be bound and liable to pay to the Lessor the Lease Rent together with the
applicable all municipal taxes and other rates, taxes, charges, duties,
burdens, assessments, outgoings, impositions and cess payable in respect of the
demised premises as applicable from the date of the commencement of the Lease term
and/or period till lock-in-term and/or period shall be on account of the Lessee
and shall be borne and paid by the
Lessee. If the Lessee commits breach of any of the covenants, provision, terms
and conditions of this Indenture of Lease, then the Lessor shall terminate the Lease
during the said lock-in-term and/or period in that event also the Lessor shall
be entitled to recover the Lease Rent together with the applicable all
municipal taxes and other rates, taxes, charges, duties, burdens, assessments,
outgoings, impositions and cess payable in respect of the demised premises as
applicable from the date of the commencement of the Lease term and/or period
till lock-in-term and/or period shall be on account of the Lessee and shall be
borne and paid by the Lessee.
9. The Lessor shall not be entitled to
terminate the Lease during its lock-in-term and/or period unless there is a
breach of any covenants, provision, terms and condition by the Lessee including
in respect of the payment of the Monthly Lease Rent and such breach shall have
continued for a period of fifteen (15) days after notice in oral and/or writing
is delivered to the Lessee. After expiry of the lock-in-term and/or period i.e.
first three (03) years of Lease, the Lessee shall have a right to terminate
and/or surrender the Lease any time thereafter, by giving a fifteen (15) days
advance written notice of its intend termination and/or surrendering to the
Lessor.
10. The Lessee doth hereby expressly covenant
with Lessor as under:-
i) That
he the Lessee shall pay regularly and punctually as provided hereinabove the Monthly
Lease Rent and other amounts payable by Lessee to the Lessor and in respect of
the said demised premises.
ii) That
he the Lessee shall at his own efforts, expanses and cost shall construct and/or
build for Country Liquior Production and Distribution upon the demised premises
and buildings and/or structures shall be constructed and/or built for Country
Liquior and Production with all requisite and proper sewers, drains, fire
safety equipment and other convenience thereto in accordance with prevailing
law.
iii) That
he the Lessee shall in executing the works aforesaid and at all time during the
continuance of this observe and comply all such rules and regulation of the
municipal corporation, fire safety department and the bye-laws and other
authorities as may be in force for the time being relating to the said demised
premises.
iv) That
he the Lessee shall at his own expanses maintain and keep-in, repair the
drains, sewers, fire safety equipments and lanes (gullies) leading from the
said demised premises in accordance with the Municipal Act, Fire Safety
Department and the bye-laws there under for time being in force without
requiring any notice in that behalf from the Lessor.
v) That
he the Lessee shall not do and/or cause and/or suffer to be done upon the
demised premises any act which shall be a nuisance or annoyance or be injurious
or offensive to the owners and /or general public and/or Licensee and/or tenant
of any neighbouring premises or which may prejudicially affect the rights of
the Lessor.
vi) That
he the Lessee shall indemnify and keep indemnified the Lessor against all
suits, claims and demands in respect of the said demised premises.
vii) That
he the Lessee shall not in any manner hold the Lessor responsible and/or liable
for any loss and/or damage suffered by the Lessee on account of destruction
caused to and/or in the said demised premises and/or to any property brought by
the Lessee in the said demised premises either by fire, accident, theft, act of
god and/or otherwise and/or by any act of omission and/or commission on the
part of the Lessee, its servants, agent, employees, customers, visitors in
connection with the business and/or manufacturing plant and/or factory and/or
otherwise.
viii) That
he the Lessee shall not in any manner hold the Lessor responsible and/or liable
for any loss of life and/or bodily injury to its servants, agents, employees,
customers, visitors and/or person on invitation and/or voluntarily at the said
demised premises in connection with the business and/or manufacturing plant
and/or factory of the Lessee and/or otherwise.
ix) That
he the Lessee shall make good to the owners and/or general public and/or
Licensee and/or tenant of any neighbouring premises, if, loss and/or damages
caused to them and/or there movable and immovable properties as a result of
negligence on the part of the Lessee, its servants, employees, agents,
customers, visitors in connection with the business and/or manufacturing plant
and/or factory and/or otherwise.
x) That
he the Lessee shall abide strictly the provisions hereof and the laws and also
the rules and regulation for the time being in force and applicable to the said
demised premises and to the business of the Lessee being carried on therein and
from time to time in force.
xi) That
he the Lessee shall indemnify the Lessor against any loss and/or damage that
may be suffered as a result of breach of any of the provisions herein contained
or caused otherwise due to fire, accident, theft, act of god or otherwise or by
any act of omission or commission on the part of the Lessee, its servants,
agent, employees, customers, visitors in connection with the business and/or
manufacturing plant and/or factory or arising due to breach of the provisions
here of and/or of any prevailing law or rules and regulation and bye-laws
applicable to the said demised premises and/or the business being carried on by
the Lessee therein.
xii) That
he the Lessee shall not to claim exclusive physical possession and/or judicial
possession of the said demised premises as such exclusive physical possession
and/or judicial possession of the said demised premises being with the Lessor. The
Lessee shall not carry on any illegal work and/or business and/or activities in
the said demised premises. To permit the Lessor, its agents and all persons
authorized by the Lessor to enter upon the said demised premises to inspect at
any time.
xiii) That
he the Lessee shall always use the said demised premises for Country Liquior
Production and Distribution for which License has been obtained by the Lessee
which has been given by State Of ................ Exesice Department, being
License Number :- ............................................ as the business
to be conducted by the Lessee on the said demised premises and shall not change
his nature and/or course of business under any circumstances whatever and/or
for not other purpose whatsoever and he shall not use or permit another’s
and/or Third Party to use the said demised premises directly and/or indirectly
for a purpose other than that for which it is Leased and this covenant is a
condition precedent of this Lease Deed.
xiv) That
he the Lessee shall always strictly use the said demised premises during term
and/or period of Lease for Country Liquior Production and Distribution for
which License has been obtained by the Lessee which has been given by State Of .............
Exesice Department, being License Number :-
............................................ as the business to be conducted by
the Lessee on the said demised premises as the bare Lessee only. It is
expressly agreed that the Lease granted to the Lessee to use said demised
premises is purely personal to the Lessee and in case, shall allow the Lessor
and/or its agents and all persons authorized by the Lessor from looking after
the said premises.
xv) That
he the Lessee shall forthwith intimate any change in the constitution and/or
change in the management of the Lessee to the Lessor.
xvi) That
he the Lessee shall remove himself from the said demised premises with its
entire staff and employees and all the loose furniture, temporary fixtures,
temporary fittings and belongings, but cannot remove any permanent fixtures and
permanent fittings which shall damage the buildings and/or structures on the
said demised premises and the Lessor shall not be liable for any consideration
in monetary compensation and/or otherwise to the Lessee for the permanent
fixtures and permanent fittings and further, Lessee shall handover the silent
and peaceful possession of the said demised premises to the Lessor without any
objection and/or obstruction on the expiry of the Lease term and/or period by
efflux of time and/or earlier determination/termination of the Lease hereby
granted and as provided in the next Clause ten (10) sub-clause sixteen (xvii).
xvii) Notwithstanding
the provisions hereof, it is expressly agreed and understood by and between the
Parties hereto that upon the expiry of the Lease term and/or period by efflux
of time and/or earlier determination/termination thereof, the Lessee shall not
remove its all the loose furniture, temporary fixtures, temporary fittings and
belongings without prior intimation to the Lessor in writing and subject to the
condition that if any damage will be caused to the structures on the said
demised premises in process of such removal the structures on the said demised
premises shall be restored to its original condition (reasonable wear and tear
excepted) by the Lessee and handover the silent and peaceful possession of the
said demised premises to the Lessor without any objection and/or obstruction.
xviii) That he the
Lessee shall not directly and/or indirectly sub-Lease, assign, transfer, and/or
create any rights and/or on leave and license basis in favour of any Third Party
and/or part with the possession of the said demised premises and/or structures
thereon and/or any part thereof to any other person.
xix) That
he the Lessee shall procure and keep valid all requisites license permission
and sanction to carry on its Country Liquior Production and Distribution business.
The Lessee shall duly and promptly bear and pay all its municipal taxes and
other rates, taxes, charges, duties, burdens, assessments, outgoings, impositions
and cess payable in respect of the demised premises as applicable from the date
of the commencement of the Lease term and/or period till expiry of the term
and/or period by efflux of time and/or earlier determination/termination of the
Lease and remaining outgoing charges in respect of the said the demised
premises including water charges, electricity charges, security charges,
telephone bills, statutory duty and other dues, penalties, interest, and taxes
whether direct or indirect or those pertaining to and/or concerning and/or in
relation to its Country Liquior Production and Distribution business from the
said demised premises, so as not to allow any attachment and/or court
attachments, charges and/or lien on the said demised premises and/or structures
and/or any part thereof.
xx) That
he the Lessee shall not create any charge, lien and/or take loan by keeping the
said demised premises and/or structures thereon as a collateral security and/or
security. Further, the Lessee shall not create any type of mortgage on the said
demised premises and/or structures thereon. In addition to the aforesaid, the
Lessee shall not sell his interest and/or limited rights under this Lease to
another person, Third Party, firm and/or company and/or otherwise.
xxi) That,
if, the Lessee became an insolvent and/or file for insolvency proceedings in
that event the Lease shall forthwith come to an end, the Lessor shall be
entitled to the vacant and handover peaceful possession of the said demised
premises and the consequences resulting upon termination of the Lease will
follow. It is clarified that in this event Lease Deed shall not ensure for the
benefit of the Court Receiver and/or Official Assignee and/or secured creditors
and/or unsecured creditors or otherwise. (FOR INDIVIDVAL)
xxi) That,
if, the Lessee goes into winding-up and/or liquidation in that event the Lease
shall forthwith come to an end and the Lessor shall be entitled to the vacant
and handover peaceful possession of the said demised premises and the
consequences resulting upon termination of the Lease will follow. It is
clarified that in this event Lease Deed shall not ensure for the benefit of the
Company Liquidator and/or Administrator and/or secured creditors and/or
unsecured creditors or otherwise. (FOR COMPANY)
xxii) That
he the Lessee shall not allow any encroachment to be made and/or easement to be
acquired on and/or over the said demised premises and if any encroachment
and/or easement shall be made and/or threatened to be made and/or anything is done and/or threatened to
be done by any Third Party which if not stopped might confer Third Party a
right of easement against said demised premises, the Lessee shall forthwith
give oral notice and followed with written notice thereof to the Lessor and
permit Lessor and/or its agents and all persons authorized by the Lessor to
enter the demised premises to inspect the same.
xxiii) That
he the Lessee shall not at any time during the Lease term and/or period dig for
any mines, minerals, queries, clay, gravel or sand in, upon or under the same
in the said demises premises.
xxiv) That
he the Lessee shall pay regularly and punctually on its respective due dates
all amounts provided hereinabove and shall not claim any higher rights other
than rights recorded herein that of a Lessee for the said term and/or period
and shall also not claim any protection as tenant and/or protected tenant
and/or otherwise under any State and/or Central Tenancy Act and/or Rent Act.
xxv) That
he the Lessee shall not claim any protection in the event of any change,
modification and/or amendment in Law relating to Lease by any Act of
Legislation, Notification, Ordinance, Judgement and/or otherwise howsoever, by
virtue whereof the Lease is granted, conferred upon and/or entitled to any
greater rights other than limited right to use the said demised premises as a bare Lessee, then in such event, this
present Lease Deed shall come to an end mutates mutandis on the day prior to
coming or retrospectively into force of such legislation notwithstanding the
tenure and/or term and/or period of the Lease granted hereunder.
xxvi) That
he the Lessee shall at the expiry of the Lease term and/or period by efflux of
time and/or earlier determination/termination of the Lease for the said term
and/or period, shall quietly surrender and deliver up the Lessor the said
demised premises alongwith all buildings and/or structures which shall have
been built thereon during the said term and/or period and/or term and all
drains and appurtenance thereto on as it as basis and shall be consistent with
the due observance and performance of all covenants, provisions, terms and
condition hereinbefore and/or hereinafter contained.
xxvii) That
he the Lessee shall, as specifically agreed and recorded that the Lessee while
handing over the vacant and peaceful possession of the said demises premises in
terms hereof will be entitled to remove and take away all the tools, fixtures,
and machinery without damaging the building and/or structures on the said
demised premises thereof as per Clause ten (10) sub-clause seventeen (xvii).
11. PROVIDED ALWAYS AND IT IS AGREED and
declared that if the Monthly Lease Rent hereby or any part thereof shall be in
arrears, for the space of fifteen (15) days after the same shall have become
due whether the same shall have been legally and/or formally demanded or not or
if and whenever there shall be a breach and/or non-performance and/or
non-observance by the Lessee of any of the covenants, provisions, terms and
condition herein contained, it shall be lawful for the Lessor to re-enter upon
the demised premises or any part thereof in the name of the whole and
immediately there upon this demises and all rights of the Lessee hereunder
shall stand absolutely determined but without prejudice to any right and/or
remedy of the Lessor already accrued and then subsisting PROVIDED HOWEVER
before making such re-entry in respect of any breach of covenant, terms and
condition, notice in writing shall have been given to the Lessee intimating the
breach of covenants, terms and condition. If the Lessee fails to make good such
breach within fifteen (15) days of the date of service of such notice, the
Lessor shall be entitled to re-enter upon the said demised premises or any part
thereof in the name of whole and thereafter the Lease shall stand determined
provided always that such re-entry shall be without prejudice to any right of
action and/or remedy of the Lessor in respect of any antecedent breach of any
of the covenants, provision, terms and conditions on the part of the Lessee.
The terms for payment of interest on the arrears of Rent shall not prejudice
and/or affect the right of re-entry herein contained.
12. Upon expiration of the Lease term and/or
period or early determination thereof in the manner provided herein the Lessee
shall vacate the said demised premises and hand over the vacant and peaceful
possession of the said demised premises to the Lessor simultaneously against
receipt of the interest free refundable security deposit (subject to
permissible deduction therefrom). If the Lessee fails to vacate the said
demised premises to the Lessor in that event without affecting the Lessor all
other rights and/or remedies, the Lessor shall be entitled to recover Monthly Lease
Rent every month and the Lessee shall remain liable to pay the Lessor three
times the prevailing market Lease Rent of the said demised premises or three
times the last Lease Rent paid, whichever is higher, by way of mutually agreed
for the term and/or period of wrongful use and possession.
13. The aforesaid security deposit of Rs.
................................................. /- (Rupees
........................................................................ only)
made for the due performance and observance of the all covenants, provision, terms
and condition hereof and will be returned to the Lessee without interest and
after deducting therefrom the amounts, if any, payable by the Lessee to the
Lessor hereunder including upto date payments of all the all municipal taxes
and other rates, taxes, charges, duties, burdens, assessments, outgoings,
impositions and cess payable in respect of the demised premises as applicable
from the date of the commencement of the Lease term and/or period till the expiry
of the Lease term and/or period by efflux of time and/or earlier
determination/termination of the Lease and remaining outgoing charges in
respect of the said demised premises including water charges, electricity
charges, security charges, telephone bill etc. of the said demised premises and
handing over its vacant and peaceful possession of the Lessor on expiry of the Lease
term and/or period by efflux of time and/or earlier determination/termination of
the Lease. In the event the Lessor do not refund to the Lessee said security
deposit on the expiry of the Lease term and/or period by efflux of time and/or
earlier determination/termination of the Lease, the Lessee shall be entitled to
receive from the Lessor interest thereon at the rate of (@) six (06) percent
(%) per annum till the repayment without prejudice to the above and in addition
thereto the Lessee will be entitle to continued to remain in occupation and
possession of the said demised premises without being required to make payment
to the Lessor of any amounts by way of Rent payable under this Lease to the
Lessor till the time the Lessor shall
refund to the Lessee the said security deposit with interest thereon as
aforestated.
14. He the Lessor doth hereby covenant with
the Lessee that the Lessee paying the Monthly Lease Rent herein above reserved
and performing and observing all the covenants, provision, terms and condition
on the part of the Lessee herein before contained shall peacefully enjoy the
said demised premises during the said tenure without any interruption by the
Lessor or any person claiming by under and/or in trust for the Lessor.
15. In case transfer of the said demised
premises by the Lessor to a Third Party, the Third Party shall be the new Owner
of the said demised premises alongwith structures on said demised premises and all
the covenants, provisions, terms and conditions of the Lease Deed shall mutatis
mutandis apply to the said Third Party and such transfer shall be subject to
this Lease Deed and shall not be detrimental to the interest of the Lessee.
16. Nothing herein contained shall be
construed and/or deemed to be construed as creating any tenancy and/or
sub-tenancy and/or any other right and/or title of any nature whatsoever in
favour of the Lessee in respect of the said premises and/or as transferring any
interest in favour of the Lessee other than the temporary Lease hereby granted.
17. No delay in enforcing any right of a Party
under this Lease Deed shall constitute a waiver of such rights, or an
acquiescence in the event giving rise to
such right and any such right may be exercised at any time and from to time as the
Party to whom such rights belongs deems fit and proper.
18. The relationship between the Parties
hereto shall be of individual nature. The Parties shall have no authority and/or
power to act and/or contract on each others behalf.
19. This Lease Deed shall (a) supersede and
take the place of all prior written and oral understandings and agreements, if
any, between the Parties hereto with respect to the subject matter hereof and
(b) shall not be modified, altered or amended in any manner whatsoever except
by an agreement in writing signed by both the Parties and registered hereto in
which this Lease Deed is expressly referred to.
20. Any notice to a Party to this Lease Deed
shall be given in writing and delivered personally or by facsimile, cable
(facsimiles and cables to be confirmed by registered mail), or registered or
certified air mail and return receipt requested, or to such other address that
either Party, by like notice, may designate with respect to its own address.
All notices shall be deemed to have been properly and effectively given when received
and/or delivered at such address. Any Party may change its address and/or
representative for receipt of notices by giving to the other Party not less
than fifteen (15) days prior written notice.
21. The covenants, provision, terms and
conditions of this Lease Deed are severable and in the event that any covenants,
provision, terms and conditions hereof is found to be unenforceable by a court
of law or otherwise, then all other covenants, provision, terms and conditions
of this Lease Deed not found unenforceable shall remain in force and in effect.
22. In the present Lease Deed, the Lessor and
the Lessee are collectively referred to as “the Parties” and individually as
“the Party”.
22. The stamp duty and registration charges
of and incidental to this Lease Deed shall be borne and paid by the Lessee.
23. This Lease Deed as also its formation,
execution, validity, interpretation and implementation shall be governed by and
constructed in accordance with the laws of India, which has been clearly understood
and acknowledge by the Parties.
24. The Courts at ...............,
................ alone shall have jurisdiction to entertain, try and any
dispute between the Parties.
THE
SCHDULE ABOVE REFERRED TO
(Description
of the said demised premises)
In
witness whereof the Parties have hereunto set and subscribed their respective
hand the day and year first herein above written.
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SIGNED AND DELIVERED by the
Withinamed Mr. ...............................,
the Lessor, abovenamed in
the presence of :-
1.
2.
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SIGNED AND DELIVERED by the
Withinamed Mr. ................................,
the Lessee, abovenamed in
the presence of :- (FOR INDIVIDUAL)
1.
2.
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The Common Seal of the withinamed
Lessee ..........................................
was hereunto affixed pursuant to the Resolution of their Board of Directors
passed in that behalf, on the ..... day of .......... 2010 in Mr. ...........................
the Director of the company who has affixed his signature in the presence of
:- (FOR COMPANY)
1.
2.
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RECEIPT
Received
on or before execution of these presents from Mr. _____________ the Lessee, the
sum of Rs. ........................../- (Rupees ..................................................)
towards interest free security deposit payable by the Lessee to the within
named Lessor- by way of transfer of the said amount which is paid as security deposit
by the Lessee to the Lessor, under the hereinabove recited in the Lease Deed
dated this …….. day of …… 2012.
And further sum of Rs. ...................../-
(Rupees ........................................) towards Monthly Lease Rent
for the First Month i.e. for ..................................... .
I
say received
(Mr.
............................)
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DATED THIS..... DAY OF ......
201..
LEASE DEED
BETWEEN
.............................................................
.....LESSOR
AND
...........................................................
.....LESSEE
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LEASE DEED
BETWEEN
..............................................................
.....LESSOR
AND
...........................................................
.....LESSEE
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