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Leave and License Agreement for Office Space

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0% found this document useful (0 votes)
40 views8 pages

Leave and License Agreement for Office Space

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd

LEAVE & LICENSE AGREEMENT

THIS AGREEMENT FOR LEAVE AND LICENSE made on the 2 th day of June 2024

BETWEEN

“[Link] Lohia”,permanent residence at 23A, School Row, Capricorn Enclave,Flat# 4A, Kolkata-
700025 having Aadhar No_______________ and PAN No. AERPL3594B aged about 35 years, by religion
Hindu, hereinafter referred to as the ‘LICENSOR’ (which expression shall unless excluded by repugnant
to the context be deemed to include executors, administrators, legal representatives or assigns) of the
ONE PART

AND

“M/s R S Rope Industries” a partnership firm having its registered office at 32, Chowringhee Road, 7 th
Floor, Kolkata-700071 in the state of West Bengal having “GSTIN:19ABHFR7774E1ZO ; PAN:
ABHFR7774E, and represented by its partner Mr. Rohit Agarwal, son of Mr. Sachchidanand Agarwal,
having Aadhar number 5078 1071 8071 aged about 39 years, religion Hindu, by occupation-business,
hereinafter referred to as the ‘LICENSEE’ of the OTHER PART.

WHEREAS the Licensee has represented to the Licensor that he is looking for some office space for
expansion of the above mentioned business viz “M/s R S Rope Industries” in the city of Kolkata.
AND WHEREAS the Licensee has also represented that he requires such space for a period of 55 (Fifty
Five) months.

AND WHEREAS the Licensor is seized, possessed, owned and well and sufficiently entitled to self-
contained Premise having a built up area of 525 Sq. Ft. (630 Sq. Ft. super built up area) be the same a
little more or less, bearing Flat No. 170A on the Fourth Floor of the building popularly known as
“Karnani Estate” at premises No.209 Acharya Jagadish Chandra Bose Road, Kolkata – 700017 and its
share of common area situated and lying in the premises as above hereinafter referred to as” the said
Office space particularly described in Schedule hereunder.

AND WHEREAS relying on said representation of the Licensee, the Licensor has agreed to
accommodate him for the purpose of commercial use for a period of 55 (Fifty Five) months at Flat
No.170A on the 4th Floor of the building popularly known as “Karnani Estate” at premises No. 209
Acharya Jagadish Chandra Bose Road, Kolkata – 700017, fully described in the Schedule hereunder
written on the terms and conditions hereinafter appearing.

NOW THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO HEREBY MUTUALLY AGREE AS
FOLLOW:

1. The Licensor doth hereby grant leave and license in favour of the Licensee to use the said office
space in Flat No. 170A on the 4th Floor of the building popularly known as “Karnani Estate”
located at 209 Acharya Jagadish Chandra Bose Road, Kolkata – 700017, West Bengal for a
period of eleven months with effect from 01st August 2024 with four automatic extensions of
11 months each on similar terms subject to an increment of Rs 1600/- after every 11 months.
Hence, the monthly License Fees will be as follows:

a. 01.08.24 to 30.06.25 - Rs.32000/-

b. 01.07.25 to 31.05.26 - Rs.33600/-

c. 01.06.26 to 30.04.27 - Rs.35200/-

d. 01.05.27 to 31.03.28 – Rs.36800/-

e. 01.04.28 to 28.02.29 – Rs.38400/-

2. The Licensor will give a vacant office to the Licensee except for a Washroom, complete with
four walls and a gate. The plumbing and drainage line will be complete along with WC and
wash basin. The Licensor will repair all the walls and roof and get it painted.
3. The Licensee doth hereby accepts the License granted in his favour by the Licensor as
hereinbefore mentioned and agrees and undertakes to vacate the said office space and deliver
peaceful possession thereof to the Licensor on or before the expiry of the License period and
observe and perform each and all of the terms and conditions herein contained.

4. The Licensee shall pay to the Licensor a license fee of Rs.32000/- (Rupees Thirty Two Thousand
only) per month payable within the 10th day of each month for the month for which such fee is
due and payable (i.e. charges for the month of August’2024 shall be paid on or before the 10 th
day of August 2024 itself). The Licensor will issue the bill of monthly rent to the licensee by 3 rd
of every month. This includes the municipal rates and taxes, maintenance charges of M/s
Karnani Estate Resident’s Association.

The Licensor will pay all the taxes & rates vis-à-vis Maintenance charges of Karnani Estate
Resident’s Association, municipal taxes and rates of KMC and any other statutory charges
accrued or arising during the currency of this agreement due to the ownership and possession
of the “said office premises” at Flat no. 170A of “Karnani Estate” building . Licensee’s liability
will be limited to the monthly License fees only.

5. It is further decided between both the parties that if any Goods and Service tax (GST) liability
arises in future on the aforesaid License Fee either on the Licensee as a Service Receiver or on
the Licensor as a Service Provider, the same shall be borne by the Licensee and the GST amount
will be duly deposited to the GST Department by the Licensor to enable the Licensee to take
Input Credit of GST.

6. The Licensee shall keep with the Licensor a deposit of Rs.1,28,000/- (Rupees One Lac and
Twenty Eight Thousand Only) as security for the due observance and performance of all the
terms and conditions contained herein. The said security deposit shall not carry any interest.
The said security deposit will be refunded by the Licensor to the Licensee on the same day
upon Licensee’s timely delivering peaceful and vacant possession of the said office to the
Licensor and due observance of all the terms and conditions specified herein. If any electricity
bill is unpaid or due at the time of vacating the “said office”, the unpaid electric bill amount can
be adjusted against the ‘Security Deposit’.

7. In the event of delay by Licensee in the making payment of the license fee and other charges
payable hereunder or otherwise, the Licensee shall be liable to pay interest thereon @ 2% per
mensem or part thereof, without prejudice to the other rights of the Licensor herein.

8. Consecutive default in payment of License fee by the Licensee for three months would
automatically extinguish all the rights of the Licensee under this agreement.

9. The Licensee shall have to retain the said office space for the minimum initial period of six
months (“Lock-in-Period”) of License period. However, if the Licensee decides to vacate the
said office premises before the lock-in-period, the Licensee’s Deposit amount will be forfeited.
10. The Licensee can surrender the lease after giving 3 months’ notice in advance. However, the
Licensee will have to abide by the Lock-in-Period.

11. The Licensor can terminate the Agreement upon non payment of rent for 3 consecutive months
and upon violation of Terms of Agreement by giving one month’s notice. Apart from these two
conditions, the Licensor cannot terminate the agreement during its tenure of 55 months.

12. Upon the expiry of License period (including renewal as mentioned in point number 1) the
License hereby granted shall stand cancelled automatically and in case the Licensee does not
vacate the said office space he will be treated as trespasser therein and will be dealt with in
accordance with law. He will also be liable to pay damages for any wrongful occupation at the
rate of Rs 2000/-(Rupees two thousand only) per day for the entire period of illegal occupation
till the recovery/delivery of possession.

13. In case the Licensee fails to vacate the said office space upon the expiry of the period of license
and the Licensor takes legal steps for recovery of the possession then the security deposit
made by the Licensee will be forfeited and the Licensor would be free to use and utilize the
same for meeting the costs and expenses of such litigation without prejudice to the rights of
the licensor to realize from the Licensee further costs and damages to which the Licensor may
be entitled.

14. The Licensee shall be responsible for payment of all charges for Electricity, Telephone and
other utilities etc in the said office during the period of license. The Licensee shall use the
existing electric meter attached with the said office from CESC Ltd. In the same of Licensor. The
Licensee shall promptly pay the monthly consumption charges as per the bill raised in this
regard. The Licensee shall abide by the terms of supply of electricity. Non-payment of bill in
time or violation of the electricity supply rules as framed from time to time by the Electricity
Department shall result in disconnection and then in such condition the Licensee has to get the
same connected at his own cost and expenses. Non-payment of bill in time or violation of the
electricity supply rules as framed from time to time by the Licensor shall also result in
disconnection and penalty and termination of this agreement.

15. The Licensee shall use said office space for official purpose only and shall not do any act, deed
or thing which may be prejudicial to the interest of the Licensor. The Licensee will keep the said
office in a good state and shall make good all losses or damages that might be caused therein
for any reason whatsoever except normal wear & tear.

16. Prior to The Licensee yielding up and delivering the said Office Space to the Licensor at time of
expiry or sooner determination of the term granted under the said Leave & Licensee, the
Licensee shall repair the said Office Space in the event of any damage caused by Licensee as the
same now except for normal wear & tear. The Licensee is at liberty to alter the main entrance
gate and its wall which will not be restored upon completion of Agreement.
17. The Licensee shall be responsible and liable to restore the existing condition or pay to the
Licensor all the costs, expenses or otherwise for any loss or damage caused to the said License-
space apart from normal wear and tear during the period of the License and shall keep the
Licensor indemnified in respect thereof.

18. Under no circumstances, the Licensee shall transfer or part with the possession of the office
space or any portion thereof to any third person.

19. The Licensee shall have no right to create any sub-License or assign or transfer in any manner
the occupation/ possession of said amenities and services or any part thereof, to any other
person or company and without prejudice to the rights and contentions of Licensor collectively
as well as individually and as mentioned in the said Leave & License Agreement of even date.

20. The Licensor or their authorized agents shall be entitled to enter upon the said License-space to
inspect the condition thereof which the Licensee shall allow to do only with prior intimation.

21. The Licensor shall not be responsible for any minor repair works to the amenities if being
carried out by Licensee. The Licensee has to make direct payments for the same and the said
payment will not be borne by Licensor.

22. The said License-space shall be used by the Licensee in a reasonable manner without being a
nuisance or annoyance to the Licensor or to other occupants in the neighborhood.

23. The Licensee shall not do, cause to do or allow to be done any act which may be harmful,
injurious and dangerous to life or property in and around the License-space.

24. The Licensor shall not be responsible for any injury, damage or loss that may be caused to the
Licensee or his workmen, friends, associates, customers etc or to any goods and property of
the Licensee or others lying or fitted in the License-space caused by rain, fire and theft.

The Licensor will carry out all repairing works of the said office if required, during the tenure of
the agreement. Any civil work; plumbing job; major electricity faults or problems like rain water
seepage, water leakage, drainage obstruction, tap water unavailability, pipe bursting, CESC
electric meter fault etc will be immediately repaired by the Licensor. The Licensee will have the
liberty of getting these repairs done after prior information to the Licensee and deduct the
expenses towards the same from the monthly rent/fees.

25. The Licensee shall observe and perform all the terms, conditions, covenants and stipulations
and all the rules and regulations as have been framed or as shall be framed in future by the
“Karnani Estates Residents Association” and/ or any other association or person responsible for
maintenance and management of the said building and said premises relating to the users of
the offices, if any, as laid down from time to time. It shall also keep the Licensor indemnified
against any non-observance or non-performance or breach thereof subject to the condition
that it will not violate the rights/ privileges granted under this agreement.
26. The monetary liability of the Licensee is limited to the monthly rent and electricity charges
which the licensee will duly fulfill till the currency of the agreement or possession of the said
office, whichever is earlier. However, if any liability accrues or arises due to reasons mentioned
elsewhere in this agreement, the same shall be paid as soon as it is brought to the notice of the
Licensee.

27. Nothing contained herein shall constitute any demise, tenancy or sub-tenancy between the
Licensor and the Licensee nor shall be deemed to create any right to or interest in the said
license-space or any part thereof in favour of the Licensee (save and except expressly stated
herein) it being the express intention of the parties hereto that this is a bare License. The
Licensee shall not claim any other right save what have been expressly stated herein.

28. The Licensee shall not make any structural additions to or alterations in the Said Office Space or
any part thereof nor injure or harm the walls and partitions thereof. It will maintain the
external appearance of the said office. However, the licensee can bring in its own furniture &
fixtures causing internal structural changes which will have to be restored to the original before
vacating the office.

29. The Licensee shall remove all his material belonging to him at the time of vacating the office
without damaging the walls, floors, roof or any part of the office except normal wear & tear.

30. If the Licensee shall during the term aforesaid without previous consent/ intimation in writing
of the Licensor vacate the license-space it shall be lawful for the Licensor to enter into and
upon the license-space and take possession.

31. The Licensor shall have no objection to the Licensee making out any required licenses from any
government or semi-government authorities for smooth functioning of its operations and shall
issue No Objection Certificates, endorsements as required in the matter for obtaining Trade
License, Fire License or any other government license required legally for operating its office
out of the aforementioned space.

32. The licensor will bear any or all expenses for taking necessary fire safety measures in the said
office as per the Karnani Estate Residents Association or KMC or Fire Department. The licensee
will not be liable & responsible for that.

33. This Agreement will be governed by Indian Easements Act, 1882 and will not be governed by
The West Bengal Premises Tenancy Act 1997.

34. The said office space is a freehold property purchased and registered in the name of the
Licensor. The Licensor has raised a bank loan on the said property and is paying monthly EMIs
against that loan. However, the Bank will not have any right to put up any Board of
Hypothecation inside or outside the said office unit. Moreover, the Licensor will ensure that
there is no disturbance and interference of the Bank in the usage of the said property. In the
event of non payment of EMIs by the Licensor, if the bank takes over physical possession of the
said property and the Licensee’s access to its office is barred or the Licensee has to vacate the
office without completion of the Agreement tenure, then the Licensor will have to make good
the losses incurred by the Licensee in both the above circumstances which comprises of its
expenses on furniture and fixture, electricals and electronics and sundry.

35. If the Licensor wills to sale the said property before the expiry of this Agreement, he will have
to offer the said property to the Licensee of this Agreement. Only upon the refusal of the
Licensee to purchase this property, can the Licensor sell it to another buyer.

36. This Leave and License Agreement will supersede any or all Agreement for Sale made and
executed during the currency of the Agreement. Moreover, the Licensor hereby declares that
in the event of sale of this property, this Agreement will hold good irrespective of change of
ownership. The Licensor will mention in his Sale Agreement and Sale Deed- “The Leave and
License Agreement executed with R S Rope Industries will continue till the vacation by the
Licensee or the expiry of the Agreement i.e. 28.02.2029 whichever is earlier. The new buyer will
abide by and honour all the clauses laid down in the said Agreement and will have no right to
get the property vacated by the Licensee outside the scope of this Agreement.”

In case, the Licensor executes the Sale Deed without mentioning the above clause, it will be
treated as BREACH OF TRUST by the licensor towards the licensee.

37. The licensor will provide 1 car parking sticker towards parking space of 1 four wheeler car at
"Karnani Estate". Accordingly, the car parking sticker will be provided by the licensor to the
licensee. The licensee will park the car as per the rules of Karnani Estate Residents Association.

38. This Agreement for Leave & License is executed in duplicate; one copy is being retained by the
Licensor and another by the Licensee.

39. This Agreement is subject to jurisdiction of Kolkata Courts only.

THE SCHEDULE ABOVE REFERRED TO


ALL THAT the Office Space within Flat No. 170A on the 4th Floor of the building popularly known as
“Karnani Estate” situate lying at and at Municipal Premises being a divided and demarcated portion on
the south-eastern side of No. 209 Acharya Jagadish Chandra Bose Road, Kolkata – 700017, under Police
Station Beniapukur within Ward No. 64 under Kolkata Municipal Corporation, Sub-Registry Office
Sealdah in District of South 24 Parganas, containing a built up area of 525 Square Feet (630 Sq. Ft.
Super built up area) be the same a little more or less and is bounded by as follows:-

On the North :- By Common Corridor of No. 209, Acharya Jagadish Chandra Bose Road; Karnani Estate

On the South :- By Boundary Wall of ‘Karnani Estate’;

On the West :- By Flat No. 170B, ‘Karnani Estate’;

On the East :- By Flat No. 169, ‘Karnani Estate’;

IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the day, month and year first
above written.

SIGNED, SEALED and DELIVERED by the above-named SIGNED, SEALED and DELIVERED by the above-named
Licensor, Mr._____________________ Licensee, M/s R S Rope Industries, represented by
their partner Mr. Rohit Agarwal.

______________________________(SIGNATURE) ______________________________(SIGNATURE)

WITNESS: WITNESS:

……………………………………………………………………….. ………………………………………………………………………..

……………………………………………………………………….. ………………………………………………………………………..

(Signature, Name and Address) (Signature, Name and Address)

……………………………………………………………………….. ………………………………………………………………………..

(Name) (Name)

……………………………………………………………………….. ………………………………………………………………………..

……………………………………………………………………….. ………………………………………………………………………..

……………………………………………………………………….. ………………………………………………………………………..

(Address) (Address)

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