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- LEASE OF LAND AS LESSEE ALREADY POSSESSING, WITH RETROSPECTIVE EFFCET
LEASE OF LAND AS LESSEE ALREADY POSSESSING, WITH RETROSPECTIVE EFFCET Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) This Deed of Lease("Agreement") is made at ………………………….On this _______ day ________ 20…… Between Shri _________s/o Shri ________, resident of ________, hereinafter referred to as "Lessor" which expression shall, unless contrary repugnant to the context or meaning hereof, include his heirs, legal representatives and assigns) of One Part; And __________ (Hereinafter referred to as "Lessee" which expression shall, unless contrary to the context or meaning hereof, include its heirs in title, legal representatives, assigns, associates, affiliates, subsidiaries, and other authorized companies) of the Second Part; Whereas the Lessor is the complete and lawful owner of the plot of land situated at ___________ measuring _________ sq. yards.(hereinafter referred to as "Demised Land"). And Whereas the Lessor has represented that he has a clear and unrestricted right to lease out the Demised Land for the purpose of residential/commercial use and is lawfully competent to enter into the Lease of the Demised Land; And Whereas the Lessee has approached the Lessor for take on rent the Demised Land for residential purposes; And Whereas the Lessor hereby demises to the Lessee the Demised Land on which the Lessee has built a house and which has been in Lessee's possession since the beginning of the year. Now, The Parties Hereto Covenants as Follows: 1. In consideration of the consented terms between the parties hereto and in consideration of the monthly rent and other charges retained hereinafter, the Lessor hereby irrevocably grants and demises to the Lessee the Demised Land along with rights, easements, property rights, etc., for construction and future use for commercial/residential purposes for a minimum period of _________months from the date of effective occupation of the Demised Land. 2. That the Lessee shall be Liable in obeying with all formalities relating to ……………………. and other regulatory authorities for constructing on the Demised Land as applicable to the Demised Land. 3. In consideration of the Lessee's paying the rent of Rs. __________/- (Rupees _______________________ only) per month ("Monthly Rent") minus applicable Tax Deduction at Source retrospectively from the date of handing over of the physical possession of the Demised Land (the Handing Over Date), the Lessor has consented to Lease out the Demised Land to the Lessee on the terms/conditions herein contained. 4. That the Lessee consented in paying at the time of the signing of this Lease Deed, 12 months rent for the period from ______________ to _________________ ____/- towards monthly rent wherein the Lessee was in occupied the Demised Land, amounting to Rs. ___________/- (Rupees ____________________ only) minus applicable Tax Deduction at source (the receipt of which the Lessor shall separately acknowledge) to be adjusted @ _____ per month. The remaining rent shall be paid every quarter in advance @ Rs. ____/- per month for 24 months i.eRs. ____/- per Quarter less applicable Tax Deduction at source in advance, on the Lessor issuing pre-receipt rent bill to the Lessee at least 15 days before the date the rent falls due. 5. That besides the rent herein above retained, the charges for consumption of electricity and water, if any, in the Demised Land from the date of retrospective handing over of the vacant physical possession of the Demised Land shall be paid and/or borne by the Lessee who shall be duty bound to honour all the bills received in that behalf from the concerned authorities, from time to time. 6. The Lessee shall wisely obey and perform all the terms/conditions and/or Agreements of this Lease Deed. 7. The Lessee shall, allow the Lessor and/or his authorized representatives, by before appointment in visiting and inspecting the Demised Land, before the Lessee or his authorized representative at all reasonable hours, as and when compulsory. The Lessor will ensure that such entry will not disturb the quiet and peaceable possession of the Demised Land by the Lessee or any person claiming through the Lessee, in using the Demised Land. 8. During the existence of this Lease, the Lessor shall try his best in preventing any right or easement relating to or used with the Demised Land from being prevented or lost. 9. The Lessee shall be free in having the house and belongings kept in the Demised Land insured at its own cost from any loss due to theft or against damage by fire or other natural calamities. The Lessor shall, also, maintain with a reputed insurance company comprehensive and enough insurance for the Demised Land. In case of any loss, destruction or damage to the Demised Land emerging out of any cause beyond the reasonable control of the Lessee or due to Acts of God rendering the Demised Land unfit for use, then this Lease shall be ended at once, intimation the Lessor and the Lessor shall at once refund to the Lessee all unadjusted payments lying with the Lessor against delivery of the vacant physical possession of the Demised Land by the Lessee. 10. The Lessee shall not sublet, assign, or otherwise part with the possession of the Demised Land, or any part thereof to any third Party excepting with before written Agreement of the Lessor. 11. On ending the term of this Lease, or its earlier termination in accordance with the terms of this Lease Deed, whichever be earlier, the Lessee shall force with hand over the actual vacant physical peaceable possession of the Demised Land to the Lessee after removing his building materials there from unless the Lessor within three months preceding such expiry or within 15 days of such determination notifies his intention of purchasing the same at a price to be mutually determined. In case of earlier ending of the Lease, refunding of all previously paid and unaccounted amounts under this Lease Deed, and any prepaid parts of the rent to the Lessee shall be a pre condition to the surrender of the actual vacant physical peaceful possession of the Demised Land by the Lessee. 12. The Lessee shall not without the Agreement in writing of the Lessor build any new building or buildings on the Demised Land or make any modification in the buildings now as standing thereon. 13. The Lessee will not use the said land/buildings shall only be used by Lessee for residential purpose. 14. That the Lessor may at any time after six months' prior express notice to Lessee, the Lessor determine the tenancy so created and pay to Lessee cost of any building /buildings erected on Demised Land on date of such determination as may be consented mutually or in case of difference which be determined by a reasonable deduction for depreciation and on that payment as made on such buildings shall confine with Lessor. 15. If Party controvert or disagree concerning this Lease Deed or any portion thereto, same shall be referred to arbitration and shall be ruled by the Arbitration and Conciliation Act, 1996. 16. "Force Majeure" signifies an event beyond the control of a party, as a resulting which party cannot do its duties per this Lease. Force Majeure includes, but is not restricted to restriction or acts by government or public agency, riot, war, hostility, public disturbance, epidemic, fire, flood, earthquake, storm, or other acts of nature. If a party has been restricted from doing its duties given in this Lease due to Force Majeure, it shall serve express notice to other party within fourteen (14) days after the Force Majeure occured, and both Party try with reason for stopping damages, as for as possible. On occurrence of Force Majeure neither Party shall be responsible for damage, exceeding costs/loss as suffered by other Party due to failure or delayed action, such failure/delay shall not be contravening this Lease. A party not performing to Force Majeure shall adopted proper means mitigate or stop Event of Force Majeure and by shortest time attempt to do the duty affected by the Event of Force Majeure. 17. Delaying or Failure by any party hereto to in acting on any right, power or privilege per this Lease shall not operate as a waiver thereto, nor shall any one or partial action on any right, power or privilege exclude any other subsequent action thereof. 18. Notices/other correspondence needed to be served by any party per this Agreement shall be in English and may be delivered personally, sent through letter per registered post with prepaid postage or by facsimile transmission to the addressed to other party given below or to such other address as altered through notification other party through notification from time to time. The dates of giving the effective notice shall be determined as follows: (a) Notices served by personal delivery shall be deemed effectively served on the date of personal delivery; (b) Notices served in letter form shall be deemed effectively served on seventh day after date of mailing (as signified by postmark) under registered airmail, prepaid postage, or on third day of sending by established courier service. (c) Notices served by facsimile shall be deemed effectively served on the first business day after transmission date. In Witness Whereof, the parties hereto have executed this presents on the day, month and year above written. Witnesses: Lessor: Lessee: 2.
- LEASE DEED FOR EOUIPMENT LEASE
LEASE DEED FOR EOUIPMENT LEASE THIS DEED of Lease is made at……………….this……………….day of…………20..between A B Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at................... hereinafter called "the Lessee" (which expression shall, unless It be repugnant to the context or meaning thereof, mean and Include its successors and assigns) of the ONE PART and M/s X Y, a partnership firm carrying on business at……………….through their present partners (i) ……………….(ii) ……………….(iii) ……………….(iv) …………… hereinafter called as "the Lessee" (which expression shall, unless it be repugnant to context or meaning thereof, mean and include all the partners for the time being and from time to time and their respective heirs ,legal representatives, administrators, executors and assigns) of the OTHER PART, (1) In base, unless the context otherwise so requires, the following expressions shall have the following meanings viz.: (a) The commencement date shall be the date of delivery of the equipment by the manufacturer to the Lessee. (b)The equipment, described in the Schedule hereunder written, purchased by the Lessor at the request of the Lessee from the manufacturer for the use of the Lessee and includes all alterations, replacements and/or additions during the term of the lease. (c) The fixed period of the lease as defined in the Schedule hereunder written, which is not cancellable by the Lessor and/or the Lessee except as provided in clause………………. hereof. (d)Manufacturer means X Y Co. Ltd . .................... (e)Person includes any person (natural or judicial), partnership firm, association of persons and body corporate. (f) "Schedule" means the Schedule hereunder written and will be treated as part of this lease. (2) The Lessor hereby grants lease and the Lessee takes on lease, the equipment for the fixed period with effect from the commencement date subject to the terms and conditions, covenants and agreements herein contained on part of the Lessee to be observed and performed. (3) The Lessee shall pay to the Lessor the lease management fee and deposit specified, in the Schedule and pay lease rentals without any deduction or abatement from the commencement date on the dates as specified in the Schedule. If the lease rentals of the fixed period in the event of the Lessee being in arrears of such monthly rentals, such arrears of lease rentals shall carry interest at the rate of …….% per annum from the due date specified in the Schedule till date of actual payment. (4) The Lessee hereby acknowledges, agrees, declares and confirms that (i) The Lessee has selected the equipment and the manufacturer both based on the Lessee's own judgment and the Lessor has not made any statements or representations about the equipment (ii) The Lessor is neither a dealer nor a manufacturer, and he has not made warranties, express or implied as to any matter whatsoever including the condition, fitness or merchantability of the equipment or its suitability for any purpose. (iii) The lessor shall in no way be liable or responsible to the lessee for any liability, claim, loss, damage or expense of any kind or nature whatsoever arising out of transportation, delivery, storage, installation, use or operation or its failure to operate or perform or otherwise, howsoever. (iv) The lessor hereby assigns to the lessee the right to make any claim or demand for any defect, deficiency or claim of any breach of condition or warranty against the manufacturer, but no such defect or deficiency or breach of the manufacturer's condition or warranty shall affect the, lessee's duty to pay the rent and perform the obligations hereuinder. (5) The lessee shall throughout the term of the lease: (i) Pay punctually and regularly lease rentals, and all the rates, taxes, licence fees, surcharge, registration charges and outgoings payable in respect of the equipment or the storage, installation, use or operation thereof or of the premises where the said equipment is kept and shall on demand produce to the lessor all receipts of such payment. (ii) Keep the equipment in good and serviceable repair and condition (wear and tear excepted). (iii) Keep the equipment in its control at the location specified in the Schedule and not to remove the same therefrom, except for the purpose of repair, without the prior written permission of the lessor. (iv) Not to affix, fasten, anchor or attach or cause to be affixed the equipment to any immovable property. (v) Affix a name plate or other mark on the equipment identifying the sole and exclusive ownership thereof of the lessor and not allow or permit the same to be removed or defaced during the term. (vi) Use and operate the equipment carefully and maintain the same in good working condition and repair at its own cost and expenses in accordance with the instructions given by the manufacturer for the operation and use of the equipment. (vii) Insure the equipment with an insurance company in the joint names of the lessor and the lessee for its full replacement made against all risks including fire, riot, lightening, explosion, earthquake, strike, storm, tempest, flood, war, theft, civil commotion and such other risks as the lessor may require and shall punctually pay all premiums payable thereunder and produce the receipts of such payments to the Lessor on demand. (viii) If the equipment is damaged during the term of the lease and any claim is received from the insurance company, and if in the opinion of the lessor it is economical that such damage be made good by the amount received from the insurance company, then the said sum shall be applied in making good the said damage to the equipment. However, if the equipment is damaged in such a manner or lost, stolen or destroyed completely and in the opinion of the lessor, it is not economical to repair the equipment, then the lease shall stand terminated on the date of the receipt of the insurance moneys by the lessor and the money received from the insurance company shall be received by the lessor and shall be applied towards the liability of the lease rentals payable on that date, such value to be calculated as on that date at a discount rate of 10% per annum and deficit shall be paid by the lessee and if there is any surplus, the same shall be paid by the Lessor to the Lessee. (ix) Permit the Lessor or any person duly authorised by him at all reasonable hours to I nspect the state and condition of the equipment and for that purpose to enter the premises where the equipment is stored, used, or lying. (x) Not to sell, assign, sub-let, pledge, mortgage, charge, hypothecate, sub-lease, encumber or part with possession of or otherwise deal with the equipment or any interest therein or otherwise in any manner part with the possession of the equipment or purport to allow or create any lien, charge, attachment or other claim or whatsoever whether for repairs or otherwise and in the event of any breach of this clause, by the Lessee, the Lessor shall be entitled (but shall not be bound) to pay to any third party such sum as is necessary to procure the release of the equipment from any charge, encumbrance, hypothecation, or lien and in such case the Lessee shall be liable to reimburse the said amount to the Lessor forthwith. (xi) Indemnify and keep indemnified the Lessor against any claim, costs, expenses, damages, liabilities, or proceedings arising from or pertaining to the transportation, storage, use, operation of the equipment and against any loss or seizure of the equipment under distress, execution or other legal process or destruction or damage to the equipment by any reason whatsoever. (xii) Reimburse to the Lessor any tax, duty, charges, or duties or other sum, that the Lessor may have to pay to the Government, Municipal, local or statutory authority regarding the storage, installation, use or operation of the equipment or any lease rentals including sales tax. (xiii) Obtain and keep in force all licences, permissions and registration for the storage, installation, use and operation of the equipment and furnish the same to the Lessor on demand. (xiv) Not to claim any relief by way of deduction or allowance under Income-tax Act or any other statute, rules or regulations available to the owner of the equipment and not to do or omit to be done any act, deed or thing whereby the Lessor is deprived to claim relief by way of deduction or allowance, as the owner of the equipment under the Income-tax Act and the lessee shall furnish to the Lessor. such information as it may require to claim relief or allowance and to comply with all the terms and conditions to be complied with or observed in respect of the use and operation of the equipment to entitle the lessor to obtain such relief. (xv) Furnish its audited balance sheet and Profit and Loss Account to the Lessor and such other information as may be required by the Lessor from time to time. (xvi) Without the written consent of the Lessor, not to make any additions, improvements or alterations to the equipment or working order, function or quality thereof. (6) The Lessee hereby confirms and declares that the Lessor is and shall at all times remain the absolute owner of the equipment and the Lessee shall have no right, title or interest therein except as provided hereunder. (7) (i) The Lessee shall be liable to pay all taxes, charges, duties and outgoings from time to time to the Government, Municipal, local or any statutory authority pertaining to the use, operation or in respect of this lease including the interest and penalties that may have to be paid for non-payment of such taxes, charges, duties and other outgoings (ii) If the Lessee fails to pay the above taxes, charges, duties and outgoings, the lessor may pay the same and the Lessee shall reimburse the sums so paid together with interest at the rate of ……………….% per annum from the date of payment to the date of such reimbursement. (8)(i)The lease rentals herein have been fixed on the basis of bank lending rate at the rate of ………………. % and in the event of such rate being increased or decreased, the lease rentals herein shall be increased or decreased from the date of such changes in the interest rates. (ii) The lease rentals hereunder have been fixed on the basis that depreciation at the rate of ……… % WVD basis on the leased asset is available to the Lessor and if such rate changes or the depreciation is not available to the Lessor due to change in income-tax law; the lease rentals shall be increased or decreased, so that the post-implicit rate of return for the Lessor may remain ……….%. (9) If the Lessee having regularly paid the lease rentals and observed and performed the covenants and stipulations laid down hereunder, shall desire to renew this lease by giving a notice at least .......... months prior to the date of expiry of the term, the Lessor shall grant the renewal of further lease for a further period of ………years from the date of expiry of the term, on the rentals specified in the Schedule hereunder for the renewed period of lease. (10) If the Lessee (i)fails to pay the rent payable hereunder after the same becomes due and payable or any other sums and monies due and payable under this lease agreement; (ii)fails to perform or observe all the covenants and stipulations hereunder or commits breach of any of the conditions hereunder; (iii)attempts to sell, convey, transfer, encumber, hypothecate or part with the possession or control of the equipment; (iv)suspends or discontinues the business or dissolution or winding up proceedings of the Lessee are initiated; (v)enter into compromise arrangement or composition with its creditors or any assignment for the benefit of such creditors; (vi)shall abandon the equipment; (vii) makes default of any other agreement executed between the parties supplemental to this lease deed; the Lessor may forfeit all the lease rentals, security deposit or any other sum paid by the Lessee under this Agreement and demand the Lessee to return the equipment and in case of failure of the Lessee to do so within days of demand, and without any prior notice or demand take possession of the equipment and to terminate the lease hereby created and to sell the equipment at public or private auction or lease or hire to any other person or use or dispose off the equipment as owner and the Lessee shall be liable to pay all the sums payable to the Lessor as on the date of termination and full amount of the stipulated loss value in addition to the compensation for losses and damages, caused to the Lessor by such default. (11) The Lessee shall pay to the Lessor deposit of six months lease rentals, which shall be retained by him and shall be dealt with in the following manner: (i) For the due observance and performance of the covenants, stipulations, terms and conditions by the Lessee of this lease agreement and shall be returned to the Lessee without any interest on the termination of lease agreement, less such sums as may then be due to the Lessor under the terms of the lease agreement. (it) If the Lessee commits any default under any of the provisions of this lease agreement, then to apply for the deposit or part thereof against all and any monies, damages, arrear of rent and/or stipulated loss value as the Lessor thinks fit. (12) (i) The Lessor is entitled, without the consent of the Lessee; (a) to transfer, pledge, or create charge or mortgage the equipment subject to this agreement; (b) to transfer, or pledge all or part of its rights and obligations under this agreement or use the equipment as security; (ii) the Lessee shall not be entitled to assign its rights and obligations hereunder to any party and lease rentals or any sums payable by the Lessee cannot be set-off with any claim, against the Lessor or its successors or assigns. (13) Upon the expiration or sooner determination of this lease agreement for any reason whatsoever, the Lessee shall at its own cost deliver the equipment in good and tenantable condition to the Lessor at the address of the Lessor stated in this agreement or at such other address as the Lessor may specify and in default by the Lessee, the Lessor or its servants or agents may without notice re-take possession of the equipment and may for that purpose enter upon any premises in which the equipment is believed by the Lessor or its servants or agents to be situated and if the equipment or any part thereof is affixed to land or building, the Lessor or its servants or agents may sever the same therefrom and remove the equipment or part thereof so severed, the Lessee shall be liable to pay all costs and expenses incurred by the Lessor in connection with taking of re-possession of the equipment. (14) Any forbearance, delay or indulgence on the part of the Lessor in enforcing any of the terms and conditions of this lease agreement or the granting of time by the Lessor to the Lessee shall not prejudice or affect the rights of the Lessor hereunder. Any waiver by the Lessor of any breach hereof shall also not operate as a waiver of any subsequent or any continuing breach thereof. (15) If any dispute or question shall arise between the parties in relation to any rights or liabilities hereunder, the same shall be referred to two arbitrators or their umpire pursuant to the Arbitration Act, 1940 or any then subsisting statutory provisions relating to arbitration. (16) Any notice required to be given to the Lessor shall be duly served if sent by registered post addressed to the Secretary of the Lessee at the address given above and any notice to the Lessee shall be duly served if sent in like manner addressed to him at the address given above. (17) If the lease is terminated within two years of the commencement date and the Lessor incurs an additioneJ liability for income-tax, the Lessee shall indemnify the Lessor for any additional amount of income-tax for which the Lessor becomes so liable. (18) This lease agreement shall be binding on the successors and assigns of the Lessors and Successors and permitted assigns of the Lessee (19) This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee. (20) The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the Lessee. (21) The headings to the clauses of this agreement are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents. IN WITNESS WHEREOF , the Lessor hereto has caused these presents and the said duplicate to be signed on its behalf r by its duly authorised official and the Lessee has signed these presents and a duplicate hereof on the day and year first hereinabove written. The Schedule above referred to WITNESSES 1 Signed and delivered by the within named A B Co. Ltd., the Lessor by the hands of its authorised officer Shri……………….(Name and Designation). 2 Signed and delivered by the within named X Y, the Lessee by their partners. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)
- LETTER BY THE LESSEE FOR EXERCISE OF OPTION TO PURCHASE THE LEASED EQUIPMENTS
LETTER BY THE LESSEE FOR EXERCISE OF OPTION TO PURCHASE THE LEASED EQUIPMENTS To, ……………….………………. ……………….………………. ……………….………………. Dear Sir In terms of lease agreement dated……………….executed between you on the ONE PART and we on the OTHER PART, the equipments described in the Schedule hereto, have been leased to us on the terms and conditions laid down in the said lease agreement. In terms of clause……………….of the said agreement, the lessee has the option to purchase the leased equipments by giving three months notice before the expiration date on the purchase price mentioned in the Schedule to the lease agreement. 2. We the lessee of the said equipments give notice pursuant to clause……………….of the lease Agreement dated……………….that we wish to exercise our option to purchase from you on .................... 20 ……………….the equipments described in the Schedule hereto under the terms and conditions of the lease agreement. 3.We wish to inform you that the, purchase price as mentioned in the Schedule to the lease agreement shall be paid by us on the expiration, date against delivery by you of the equipments at such place, as indicated by you. Yours faithfully, For .................... ………………. Purchase Manager Authorised Signatory The Schedule above referred to (Description of equipment) Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)
- LEASE OF A BRICKIFIELD
LEASE OF A BRICKIFIELD THIS DEED of lease made at………………on this………………day of.................20………… between A, son of………………(hereinafter called"the Lessor") of the ONE PART and B, son of………………(hereinafter called "the Lessee") of the OTHER PART. WHEREAS (1) The Lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the land and premises bearing Survey No ………………Hissa No………………situate, lying and being at Village………………Taluka………………District………………more particularly described in the Schedule hereunder written, hereinafter referred to as the demised premises (2) At the request of the Lessee, the Lessor has agreed to grant to the Lessee a lease in respect of the demised premises for the purpose of making bricks NOW THIS DEED WITNESSETH AS FOLLOWS: (1)In pursuance of the said agreement and in consideration of the payment of Rs……………… by the lessee to the Lessor as premium (the receipt whereof the Lessor hereby acknowledges) and in consideration of the terms and conditions mentioned herein below and of the payment of annual rent, the Lessor hereby demises to the lessee the demised premises TOGETHER WITH RIGHT to take earth, clay and other material from the demised premises for the manufacture of bricks and to erect, construct and maintain such machineries, kiln, clamps, ovens, workshops and other things necessary for the purpose of manufacturing, storing or selling bricks and to construct such roads on the demised premises as may be necessary and convenient for the aforesaid purposes Excepting and reserving to the Lessor (a)all mines, minerals, stones, flints and underground substances or every description with liberty to enter, search for dig, get and carry away the same and to sink necessary pits and shafts provided that in so doing the Lessor shall cause as little obstruction as possible to the lessee and will pay compensation for any damages caused to the lessee; (b)all trees, saplings and underwood with right to entry with workmen to mark, fell, cut and carry away the same; (c)all rights of way hitherto used or enjoyed across any part of the demised premises by the Lessor or his Lessees in respect of other properties of the Lessor. TO HOLD the same unto the Lessee for the term of years from the……………… day of……… paying therefor during the said term (i) Yearly rent of Rs………………by equal half-yearly payments on the………………day of…………and the………………day of free from all deductions, the first payment to be made on the ................. day of next. (ii) Additional rent of Rs………………for every thousand bricks in excess of ……………which shall be manufactured from the earth of the demised premises during the half year preceding such payment; provided that no additional rent shall be paid in respect of bricks used in any building, erection or construction on the demised premises. (2) The Lessee hereby covenants with the Lessor: (a)To pay and discharge the existing and future rates, taxes, assessments, duties, cess, impositions, outgoings whatsoever payable to the State of………………Municipal Corporation of.....………... local or any other authority in respect of the demised premises and the buildings or structures standing thereon; (b)To fence off the demised premises from the adjoining lands to keep the said fence in good repair and condition. (c)To remove the surface soil to a depth of at least………………cms. before digging and lay aside and preserve the same and after comple tion of the work of digging to level the same and replace the surface soil thereof so that the land may be used for agricultural purposes. (d) Not to remove earth, clay or any other material from the demised premises but to manufacture bricks on the demised premises itself. (e) To keep the accounts showing the number of bricks manufactured on the demised premises, date of manufacture and other information necessary for the calculation of additional rent payable hereunder and to allow the Lessor or authorised agent inspection of the accounts and to take copies or extracts therefrom (f) To permit the Lessor and his authorised agents to enter into and upon the demised premises at all reasonable times for inspecting the same and the works carried on and bricks manufactured therefrom. (g) To deliver up peaceful possession of the demised premises at the end or sooner determination of the said term together with all kilns, clamps and other buildings and erections without claiming any compensation for the same. (h) Not to assign, transfer, sub-let or otherwise part with possession of the demised premises or any part thereof. (i)To indemnify the lessor for any injury caused to any other person or persons, by use of the demised premises for the aforesaid purposes or in respect of any nuisance apprehended therefrom. (j) To comply with all ru4es, regulations and bye-laws of the Central, State Government or local or other authorities in respect of the work to be undertaken by the Lessee on the demised premises and shall keep the Lessor or his heirs, successors, administrators or assigns indemnified for any breach of such rules, regulations and bye-laws. (k) Not to dig any part of the demised premises to a depth exceeding………………meters from the surface (3) The Lessor hereby covenants with the lessee: (i)On the Lessee paying the rent and additional rent on the due dates thereof and in the manner herein provided and observing and performing the covenants, and stipulations herein contained and on his part to be observed and performed, shall peacefully and quietly hold, possess and enjoy the demised premises without any interruption, disturbance or claim whatsoever by the Lessor or any person or persons lawfully claiming by, from, under or in trust for him. (ii) To keep the lessee indemnified against any claim, suit or demand made by other lessees in respect of injury or loss alleged to be caused by the exercise of the rights by the lessee granted under these rights granted presents (4) It is hereby expressly agreed between the parties as follows: (a) If the rent or additional rent or any part thereof payable in manner hereinbefore mentioned shall be in arrears for a period of one year, after the same has become due and payable or if the lessee does not observe or perform the covenants and stipulations herein contained and on the part of the Lessee to be observed and performed, unless the Lessor serves a notice in writing specifying the rent due or the covenants and stipulations which are required to be complied with or carried out and the Lessee shall have failed to pay the rent due or to comply with or carry out the covenants and stipulations within fifteen days from the date of the receipt of such notice. (b) If any dispute or difference arises between the Lessor and the Lessee relating to the interpretation, meaning or effects of this deed or any clause thereof or their respective rights and liabilities hereunder, the same shall be referred to the arbitration of two arbitrators one to be nominated by each party and in case of difference of opinion between the two arbitrators to an umpire to be nominated by the arbitrators before the commencement of the reference; and the award of such arbitrators or umpire, as the case may be, shall be final and binding between the parties. The arbitration under this clause shall be deemed as submission within the meaning of Arbitration Act, 1940 and its statutory modification and re-enactment (5) Any consent or notice required to be given hereunder shall be in writing and if given by the Lessor shall be sufficient if signed by the Lessor and shall be given personally or served by the Lessor and shall be given personally or served if addressed to the Lessee at the address given above or any other address as may be communicated to the Lessor from time to time and any notice to be given to the Lessor shall be sufficiently served if addressed to the Lessor and sent at the address from time to time communicated by the Lessor for this purpose; provided that till any such address is communicated, the notice may be addressed and sent at the present address of the Lessor at (6) It is hereby agreed that the terms "Lessor" and "Lessee" herein used shall unless excluded by or repugnant to the context be deemed to include the heirs, executors, administrators and assigns of the respective parties. (7) This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee (8)The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the Lessee. (9)The marginal notes and the catch lines hereto are meant only for convenience of references and shall not in any way be taken into account in the interpretation of these presents. IN WITNESS WHEREOF , the Lessor and the Lessee have put their respective hands on the original and duplicate thereof the day and year first hereinabove written. The schedule above referred to WITNESSES 1 Signed and delivered by the within named Lessor 2. Signed and delivered by the within named Lessee ..... Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-)
- GENERAL POWER OF ATTORNEY GRANTING FURTHER POWERS TO ATTORNEY
GENERAL POWER OF ATTORNEY GRANTING FURTHER POWERS TO ATTORNEY KNOW ALL MEN BY THESE PRESENTS that I ……………………………………………………………. S/o…………………………………………….………….., Resi………………………………………………………., do hereby appoint and nominate …………….., S/o …………………………………………..…………., Resi ……………………………………………………., to be my true and lawful attorney. WHEREAS I, have by power of attorney dated _____/______/_____ appointed _________. as my attorney with the powers therein contained AND whereas I am desirous of giving the said ______……….. further powers and authorities hereinafter contained NOW I hereby give to, and vest in, the said …………………………..… the following further powers and authorities, that is to say, in my name or on my behalf to do the following acts: 1. 2. 3. Provided always that nothing herein contained shall in any way prejudice or affect the powers or authorities given or conferred by the aforesaid power of attorney and this power of attorney shall take effect and be in force concurrently with and solely by way of extension and enlargement of the aforesaid power of attorney. AND I hereby agree that all acts, deeds and things lawfully done by the said ….. for me under powers hereby given to him shall be construed as acts, deeds and things done by me and I undertake to ratify and confirm all and whatsoever the said ………………………. shall lawfully do or cause to be done for me by virtue of the powers given by this deed. IN WITNESS WHEREOF, I have signed this deed on this day of ________________. Signed and delivered by the above named WITNESS: 1……………………. 2…………………………… Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- LEASE AGREEMENT FOR EQUIPMENT
LEASE AGREEMENT FOR EQUIPMENT THIS LEASE AGREEMENT made at……………….this………………. day of………………. 20……………….between A. B. Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at……………….hereinafter called the Lessor (which expression unless it be repugnant to the context or meaning thereof shall mean and include its successors and assigns) of the ONE PART and X Y. Co. Pvt. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at……………….hereinafter called the Lessee (which expression, unless it be repugnant to the context or meaning thereof shall mean and include its Successors and assigns) of the OTHER PART. WHEREAS The Lessor is carrying on or engaged in the business of lease financing by leasing various assets, plants, machineries and equipments and the Lessee has requested the Lessor to purchase the plant and machinery, described in the Schedule hereunder written and given on lease to the Lessee, which the Lessor has agreed on the terms and conditions hereinafter appearing. NOW THIS DEED WITNESSETH AS FOLLOWS: (1) In pursuance of the said agreement and in consideration of the rent hereby reserved and of the terms and conditions, covenants and agreements herein contained and on the part of the Lessee to be observed and performed, the Lessor hereby gives on lease and the Lessee hereby takes on lease, the equipments more particularly described in Schedule hereunder for a period of……………….years, commencing from……………….day of………………. (2) The Lessee shall pay to the Lessor at the address mentioned above or at such place or places as he may specify in writing from time to time the rent in such amounts and on such dates as specified in Schedule hereunder. If the said rents are not paid within ……………….days from the date mentioned in the Schedule, late charges at the rate of ...... % per month or part thereof will be payable by the Lessee from the due date of payment till the date of payment. (3) On signing of this agreement, the Lessee shall pay a sum of Rs ……………….by way of lease management fees, which shall be non refundable and a sum of Rs . …………as security deposit against his obligation hereunder . (4) The Lessee hereby confirms that he has selected the equipment and the supplier and the Lessor has not made any statements or representations about the same. The Lessor is not the manufacturer or supplier of the equipment and he will not be liable or responsible to the Lessee for any claim, liability, loss, damage or expense of any kind or nature whatsoever arising from the transportation and delivery of the equipment leased, its storage, installation, use or operation or its failure to operate or perform or otherwise howsoever. The Lessor hereby assigns to the Lessee the right to make any claim against the manufacturer or supplier of equipment for any defect or deficiency or claim for any breach of condition or warranty. (5) The Lessee warrants that the execution of this lease agreement and the use and operation of the equipment by the Lessee will not (a)contravene any provision of any law, rules and regulations; and (b)result in breach of any agreement or arrangement to which the Lessee is a party (6) The Lessee declares that he has obtained all licences, approvals, consents, etc. as are necessary for or in connection with the execution, validity and enforceability of this lease and for the storage, installation, use and operation of the equipment and he undertakes to keep them effective and in force during the period of this lease. (7) The Lessee hereby covenants with the Lessor as follows (a)To pay the reserved rents on the days and in manner aforesaid. (b)To use and operate the equipment carefully and in workmanship manner and to keep the equipment in good and serviceable repair condition (fair wear and tear excepted) and replace old, damaged or broken parts or accessories with parts or accessories of equal value. (c) To keep the equipment in its control at its factory specified in the Schedule and not remove the same therefrom without the prior written permission of the Lessor. (d) To pay all rates, taxes, licence fees, registration charges and other outgoings payable in respect of the equipment or storage, installation, use or operation thereof or of the premises where the same is kept and shall on demand produce to the Lessor receipts and other evidence of such payment (e) To insure the equipment in the joint names of the Lessor and the Lessee with such insurance company as may be approved by the Lessor against all risks including fire, riot, lightening, explosion, earthquake, strike, storm, tempest, flood, war, theft, civil commotion and such other risks (including third party risks) and keep the insurance in force during the term of the lease and will not do or omit to do, or be done or permit or suffer any act, deed or thing which might or could prejudicially vitiate or affect any such insurance. In the event of any claim arising under any such insurance, to intimate the lessor about the same and comply with all instructions of the Lessor in connection therewith and to take steps, actions and proceeding as may be necessary and if so required by, the. Lessor, receive any monies, payable in respect thereof for and on behalf of and in trust for the Lessor and deliver the same to the lessor upon receipt thereof without claiming any part thereof on any account whatsoever. (g) Notwithstanding anything contained in the preceding clause, the Lessor may at its option agree that any insurance proceeds received under the said insurance may be applied in making good the damage or in replacing the equipment or any items thereof by other similar equipment to which the terms of this lease shall apply: Provided that if the equipment as a whole is destroyed or damaged in such a manner that it cannot be repaired, then the Lessor shall be entitled to terminate this lease and to retain any insurance proceeds received by him in respect thereof (h) Not to transfer, assign, transfer or part with possession of the equipment or any part thereof. (i) To permit the Lessor and his agents with or without workmen at all reasonable times for the purpose of examining the state and condition of the equipment in the premises where the equipment is stored, used or lying and if the Lessor finds that any repairs are necessary to be done or replacements necessary to be made, he may serve upon the Lessee a notice in writing requiring the Lessee to carry out such repairs or replacements to be done and the Lessee shall forthwith execute such repairs or make such replacements and if the Lessee shall not within one month after the service of such notice executes the repairs or makes such replacements, then the Lessor may execute such repairs or make such replacements and the cost thereof shall be a debt due from the Lessee to the Lessor and be forthwith recoverable by action. (j) Indemnify and keep the Lessor indemnified against any loss or seizure of the equipment under distress, execution or other legal process or from any claim, demands, proceedings or expenses arising out of the storage, installation, use or operation of the equipment or Any risk or liability for death or loss of limb of any person and hold the lessor harmless against all losses, damages, claims, expenses, suits, penalties or proceedings of whatsoever nature made, suffered or incurred consequent thereupon and for that purpose take out such insurance policies as may be necessary or customary in the business carried on by the Lessee or as may be directed by the Lessor in that behalf and keep such policy in full force during the term of the lease. (k) Not to do or omit to be done any act, deed or thing whereby the Lessor is deprived wholly or partly from claiming any relief by way of deduction, allowance or grant, as owner of the equipment under the Income-tax Act, 1961 or under any statute, rules, regulations, guidelines or instructions issued by the Government of India or any statutory authority and to furnish to the Lessor at the end of each financial year such information as it may require to claim relief by way of any deduction, allowance or grant as the owner of the equipment under the Income-tax Act, 1961. (l) To furnish audited balance sheet and Profit and Loss Account every year to the Lessor and such other information as may. be called for by the Lessor from time to time. (8) The Lessor hereby covenants with the Lessee as follows: (a) Not to sell, transfer, assign or otherwise dispose off the equipment during the term of the lease, except that the Lessor may create charge on the equipment in favour of its bankers, lender or financiers; provided that creation of such charge shall not affect the quiet and peaceful possession of the equipment by the Lessee during the term of the lease. (b) On termination or expiry of the lease, in the event of sale of the equipment to give to the Lessee priority to purchase the said equipment at the market price of the equipment. (9) It is hereby agreed and declared that these presents are on the express condition that the Lessor is and shall at all times remain the absolute owner of the equipment and the Lessee shall have the right, title or interest therein except as provided herein. The Lessee shall affix a name plate or other mark on the equipment identifying the sole and exclusive ownership thereof of the Lessor. The Lessee shall also not sell, assign, mortgage, hypothecate, pledge, encumber or otherwise create any charge on the equipment or in any way adversely affect the title, right and interests of the Lessor. The equipment shall at all times remain a movable property and the Lessee undertakes that he shall not affix or cause to be affixed permanently the equipment to any immovable property. (10) If the Lessee regularly pays the rent hereby reserved and observe and perform all the covenants and conditions of this lease, the Lessor shall on the written request of the Lessee made three calendar months before the expiration of the term of the lease hereby created, grant to the Lessee a renewed lease of the equipment for further term as may be desired by the Lessee but not exceeding……………….years from the expiration of the terms of this lease at an enhanced annual rent of Rs . .............. (11) The Lessor shall be entitled to terminate this lease upon occurrence of any event of default specified below Provided that before termination of lease, the Lessor will give., a notice in writing to the Lessee of his intention to terminate the lease and if the default continues, after 30 days from the service of such notice, all the liabilities and obligations of the Lessee as regards future rentals and other sums payable under these presents shall immediately fall due: (a)If the Lessee falls to pay the rentals on the dates or any part thereof and other payment required hereunder for a period of 30 days from the due date, whether the same shall or shall not be legally demanded or not. (b) If the Lessee fails to observe and perform any covenants, stipulations or obligations hereunder or commits a breach of any of the terms, conditions or provisions of this Lease Deed on its part to be observed and performed. (c)If the warranty or representation made or deemed to be made by the Lessee in these presents proves to be incorrect in any material respect or shall become incorrect in any material respect. If the Lessee attempts to remove, sell, transfer, assign, mortgage, encumber or part with the possession or control of the equipment or in any way does any act, deed or thing which affects the Lessor's interest in the equipment. (e) If the Lessee passed any resolution for winding up or allows a petition for winding up presented before a Court against it or if a receiver or liquidator is appointed of the whole or part of the assets, properties or undertakings of the Lessee or compounds with or makes any composition with its creditors. (f)If the Lessee does or suffers any act or thing or omits to do or suffer any act or thing whereby the equipment may be attached, distrained or taken in execution under legal process or by public authority. (g) If the Lessee suffers any adverse material change affecting the financial position of the Lessee or by any act or omission of the Lessee, the Lessor has reasonable grounds to apprehend breach of the terms and conditions of this lease in future or that its rights may be prejudiced or be in jeopardy. (12) Upon termination of lease on the occurrence of any default as provided hereinabove, the Lessor without prejudice to and in addition to his rights, shall be entitled to: (a) Remove and repossess the equipment by itself, its servants or agents by entering upon any premises where the equipment is installed or stored or is reasonably believed to be situated for the time being and detach and dismantle the same and the Lessor shall not be liable for any damage caused to the Lessee by detachment or removal of such equipment and sell the said equipment at public or private auction or lease or hire to any person or use or dispose of the same in such manner, as the Lessor thinks fit. (b)Forfeit all the lease rentals and security deposit. (c) The lease rentals upto the unexpired residue of the term and other charges and sums which are payable by the Lessee under these present shall become due and payable by the Lessee (d)To pay all costs, charges, fees, etc. including cost of legal proceedings incurred by the Lessor in consequence of termination of the lease. (13) It is hereby expressly agreed between the parties as follows: (a)Time shall be the essence of this lease, in so far as it relates to the observance and performance of the covenants and obligations by the Lessee. (b)Until the Lessor and the Lessee shall advise each other by writing, the address for service of all notices and other communications shall be as under: (i) For the Lessor. (ii) For the Lessee (c) If any dispute or question whatsoever shall arise between the parties hereto relating to interpretation of any clause of this deed or the rights, duties or liabilities of either party under this lease or otherwise in connection with these presents, the matter in difference shall be determined by a single arbitrator in accordance with the Arbitration Act, 1940 or any statutory enactment in that behalf for the time being in force. (d) This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee. (e) The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the Lessee. (f)The marginal notes and the catch lines hereto are meant only for convenience of references and shall not in any way be taken into account in the interpretation of these presents. IN WITNESS WHEREOF , the parties have caused their common seals to be affixed hereunto and a duplicate hereof on the day and year first above written. The Schedule above referred to WITNESSES The common seal of the within named A B Co. Ltd., the Lessor was hereunto affixed pursuant to the resolution of the Board of Directors passed on 1 ………………., in the presence of S/Shri……………….and ………………. Directors, who have signed these presents in token thereof 2. The common seal of the within named X Y Co. Ltd., the Lessee was hereunto affixed pursuant to the resolution of the Board of Directors passed on........ in the presence of S/Shri ……………….and………………. Directors, who have signed these presents in token thereof Download Word Document In English. (Rs.60/-) Download PDF Document In Hindi. (Rs.60/-)
- Sub-Lease
Sub - Lease THIS INDENTURE made at _________ this ________ day of _________ 200____ BETWEEN ABC of _________, Indian Inhabitant, hereinafter called “The Sub-Lesser” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include his heirs, executors, administrators and assigns) of the One Part; AND XYZ also of ________, Indian Inhabitant, hereinafter called “The Sub-Lessee ” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors, and administrators) of the Other Part; W H E R E A S:— (a) By an Indenture of Lease dated 4th day of May 2000 and made between one Shri PQR as the Lesser of the one part and XYZ as the Lessee of the other part (the sub-Lesser herein) and registered with the office of the Sub-Registrar of Assurances at Mumbai under Serial No. _______ of _______ year, the plot of land situate at Cadell Road, Mumbai and more particularly described in the Schedule hereunder written was demised by the Lessers in favour of the Lessee for the term of 99 years commencing from the 5th day of May 2000 renewable at the option of the Lessee from time to time for each further term of 33 years on the terms and conditions therein mentioned at the rent and subject to the covenants and conditions therein reserved and contained. (b) Thus, the Sub-Lesser is seized and possessed of or otherwise well and sufficiently entitled to the said plot more particularly described in the Schedule hereunder written and is also entitled to Sub-demise the same as per the said Indenture of Lease dated 4th May 2000. (c) The Sub-Lesser has agreed to Sub-demise to the Sub-Lessee the said Plot of land together with the right to construct building and structures thereon for the period and at the rent and upon the terms and conditions recorded herein. (d) At the request of the Sub-Lessee, the Sub-Lesser has agreed to execute these presents in favour of the Sub-Lessee. NOW THIS INDENTURE WITNESSETH AS FOLLOWS:— 1. In pursuance of the said Agreement and in consideration of the rent and Sub-Lessee’s covenants hereinafter reserved and contained he the Sub-Lesser doth hereby Sub-demise Unto the Sub-Lessee ALL THAT piece of land situate at Cadell Road and more particularly described in the Schedule hereunder written together with the right to construct structures and buildings thereon and shown in blue wash delineated by red coloured boundary line on the plan thereof hereto annexed TO HOLD UNTO the Sub-Lessee the premises hereby Sub-demised (hereafter for brevity’s sake referred to as “the Sub-demised premises” ) from the __________ day of ___________ Two thousand two for the term equivalent to the unexpired residue less the last three days of the term created by the hereinbefore recited Indenture of Lease dated 4th May 2000 but determinable as hereinafter provided yielding and paying the yearly rent of Rs. 10,000/- (Rupees ten thousand only), and which rent shall be payable by the Sub-Lessee to the Sub-Lesser on or before 10th day of January every year in advance. 2. The Sub-Lessee doth hereby expressly covenants with the Sub-Lesser as under:— (a) To perform all covenants, conditions and stipulations under the above recited Indenture of Lease dated 4th May 2000 and not to do or permit to be done on the sub-demised premises anything which may be in contravention of the terms of the said Lease dated the 4th May 2000. (b) That he will during the said term regularly pay to the Sub-Lesser the aforesaid yearly rent without deduction and in all the circumstances in the manner aforesaid. In the event of any delay, the Sub-Lessee shall pay interest on the arrears at the rate of 15 per cent per annum from the due date till the date of actual payment. Such interest shall be recovered as if the same formed part of the rent and will carry compound interest at the same rate with six monthly rests. The provision of interest shall be without prejudice to the other rights and remedies of the Sub-Lesser. (c) That from the date of the commencement of the Sub-Lease he will also pay and discharge all rates, taxes, charges, duties, burdens, assessments, outgoings and impositions whatsoever now payable or hereafter during the said term to become payable and now or hereafter during the said term assessed charged or imposed upon the demised premises or any part thereof or upon the buildings to be hereafter erected whether payable by landlord, tenant or occupier in respect thereof respectively. (d) That he the Sub-Lessee will at his own efforts, expense and cost be entitled to construct and complete upon the demised land a building or buildings with all requisite and proper sewers, drains and other conveniences thereto in accordance with prevailing law. (e) That he will in executing the works aforesaid and at all times during the continuance of this Sub-demise observe and confirm to all such rules and regulations of the Municipal Corporation of Mumbai and other authorities as may be in force for the time being relating to buildings. (f) That he will at his own expense maintain and keep in repair the drains, sewers and gullies leading from the said building and premises in accordance with the Municipal Act and the bye-laws thereunder for the time being in force without requiring any notice in that behalf from the Sub-Lesser. (g) That he will not do or cause or suffer to be done upon the Sub-demised premises any act which shall be a nuisance or annoyance, or be injurious or offensive to the owners or tenants of any neighbouring premises. (h) That he will indemnify and keep indemnified the Sub-Lesser against all suits, claims and demands in respect of the demised premises. (i) That he will at the expiration or sooner determination of the said term quietly surrender and deliver up to the Sub-Lesser the said Sub-demised premises together with all buildings and erections which shall have been built thereon during the said term and all drains and appurtenances thereto in such good and substantial repair and condition and so maintained, saved and cleansed and in all respects in such state and condition as shall be consistent with the due performance of the several covenants hereinbefore contained. (j) The Sub-Lessee shall not assign transfer or part with the possession of the demised premises or any part thereof to any person without previously obtaining the written consent of the Sub-Lesser which consent shall not be unreasonably withheld. PROVIDED FURTHER that after the building/s to be constructed on the Sub-demised premises as aforestated is completed, the Sub-Lessee shall be entitled without such consent to sell and assign the constructed premises to third parties for the exclusive benefit of the Sub-Lessee. However, once the development of the demises premises is over, the Sub-Lessee shall be entitled to execute Assignment of Sub-Lease in respect of the same for the remaining period along with the conveyance of the structures to the Co-operative Housing Society or a limited company or any Association of persons which may be formed by the Purchasers of constructed premises on the demised premises. 3. PROVIDED ALWAYS AND IT IS AGREED and declared that if the rent hereby reserved or any part thereof shall be in arrears, for the space of thirty days after the same shall have become due whether the same shall have been legally or formally demanded or not or if and whenever there shall be a breach or non-performance or non-observance by the Sub-Lessee of any of the Covenants, conditions or agreements herein contained, it shall be lawful for the Sub-Lesser to re-enter upon the demised premises or any part thereof in the name of the whole and immediately thereupon this demise and all rights of the Sub-Lessee hereunder shall stand absolutely determined but without prejudice to any right or remedy of the Sub-Lesser already accrued and then subsisting PROVIDED HOWEVER before making such re-entry in respect of any breach of covenant, notice in writing shall have been given to the Sub-Lessee intimating the breach of covenant. If the Sub-Lessee fails to make good such breach within two months of the date of service of such notice, the Sub-Lesser shall be entitled to re-enter upon the Sub-demised premises or any part thereof in the name of the whole and thereafter the Sub-Lease shall stand determined provided always not such re-entery shall be without prejudice to any right of action or remedy of the Sub-Lesser in respect of any antecedent breach of any of the covenants on the part of the Sub-Lessee. The term for payment of interest on the arrears of rent shall not prejudice or affect the right of re-entry herein contained. 4. He the Sub-Lesser doth hereby covenant with the Sub-Lessee that the Sub-Lessee paying the rent hereinabove reserved and performing and observing all the covenants, conditions and agreements on the part of the Sub-Lessee hereinbefore contained shall peaceably hold and enjoy the Sub-demised premises during the said term without any interruption by the Sub-Lesser or any person claiming under him. IN WITNESS WHEREOF the parties have hereunto set and subscribed their respective hands, the day and year first hereinabove written. THE SCHEDULE ABOVE REFERRED TO: (Give description of the land) SIGNED AND DELIVERED by the ) Within named ABC, the Sub-Lesser, ) Above named, in the presence of ...... ) 1. 2. SIGNED AND DELIVERED by the ) withinnamed XYZ, the Sub-Lessee, ) abovenamed, in the presence of ...... ) 1. 2. Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-)
- AGREEMENT FOR PROVIDING SERVICES TO PREMISES TAKEN BY THE LICENSEE ON LEAVE AND LICENCE BASIS
AGREEMENT FOR PROVIDING SERVICES TO PREMISES TAKEN BY THE LICENSEE ON LEAVE AND LICENCE BASIS Download Word Document In English. (Rs.60/-) Download PDF Document In Hindi. (Rs.60/-) This Agreement made at Mumbai this……………….day of 2000 between XYZ Ltd., a company incorporated under the Companies,Act, 1956 having its Registered Office at………………. Mumbai - 400005, hereinafter called "the Licensor" (which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and assigns and all persons deriving title from it) of the ONE PART AND ABC Ltd., a company incorporated under the Companies Act, 1956 having its Registered Office at ................ Mumbai - 400001, hereinafter called "the Licensee" (which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and assigns) of the OTHER PART. WHEREAS 1. The Licensor has built and seized and possessed of a building known as "XYZ Office Complex" on the land described and situated at……………….within the city and Registration District and Sub District of Mumbai bearing Cadastral Survey No……………….of Colaba Division. 2. The Licensee has requested the Licensor to give the premises on license and the Licensor has agreed, to give the premises admeasuring……………….sq. ft. super built up area on the floor, North Side of the building XYZ Office Complex on the terms and conditions therein recorded (hereinafter called the "said premises or licensed premises"). 3. It has been agreed between the parties that as the conditions of and to facilitate the use and occupation of the said premises on leave and license basis, the Licensee shall also use the Licensor's amenities and services in and in relation to the licensed premises on the terms and conditions hereinafter specified. NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1.The Licensor has provided and continued to provide the following equipments, amenities and services or in relation to the use amenities and enjoyment of the said premises services (a) Designing, laying and fixing of AC duct from AHU room to the said premises; (b) Providing and fixing of dampers both in return and fresh air system; (c) Laying and termination of 50 telephone cables within the said premises from basement MDF room; (d) Laying and fixing of electrical circuit from the main of the premises with proper switch, circuit breakers, electrical meters, fuses and other protection devices; (e) Providing and fixing of 2 x 40 waft twin type tube light fixture on the ceiling all recess above the ceiling and connected to the electrical systems, Fixtures are provided with tube lights; (f) Making provision for power circuits with proper protection and metering; (g) Sprinkler network laid to cover the entire premises; (h) Smoke detectors as per smoke detecting system to cover the area of the premises given to the Licensee on leave and licence basis connecting the same to centralized control and for detection of fire, if ever caused in the premises; (i) Making available services of fire personnel on round the clock basis to handle the situation in emergency; (j) Providing oxygen masks within the premises for emergency evacuation; (k) Providing smoke exhaust system in the premises; (l) Providing fire retardant door for all the fire exhaust to ensure safety of people using the exit in case of emergency; (m) Providing fire hydrant system on two sides of the premises located in the fire exit and stair case; (n) Providing hand operated fire extinguishing apparatus to be used in the case of emergency; (o) Providing bathroom one each for ladies and gents fully fitted with fixtures such as WC's water basin, urinals, etc. and also maintaining supply to the premises; (p) Providing with exhaust system specially to take out foul air from the toilets; (q) Make available services of maintenance team on round the clock basis; (r) Provision of six high speed lifts from ground floor to floor; (s) Making available one freight lift to take care of carrying heavy luggage from the ground floor; (t) Provided with proper lifts and ventilation in the lift lobby and cross lobby area; (u) Cleaning and up keeping of passages and staircases; (v) Providing the services of garbage collection and garbage disposal; (w) Providing garbage bags; (x) Maintaining external landscape area; (y) Maintaining of internal roads and car parking slots; (z) Providing external lights in the compound; (aa) Providing fire hydrants around the building; (bb) Cleaning of glass pane from outside, wherever possible; (cc) Cleaning of Chajjas; (dd) Cleaning of external storm water drainage; (ee) Making provision for bringing water from outside in the event of shortage or inadequacy of the water provided by BMC in the building; (ff) Maintain and upkeep of common passages, foyers, corridors, courtyards, gardens, terraces, landscapes, lifts, lift halls, escalators, escalators halls, basements, marquee air conditioning plant and plant rooms, ventilation plant and plant rooms and fire lighting plant and plant rooms, all equipments or machines, sewage treatment plant and plant rooms, roads and pavings, car parks, lights, landscaping, drains and sewers and other amenities. 2.The XYZ Office Complex Building is centrally air conditioned. The air conditioning plant will function for about eight hours on all week days during such hours as may be decided by the Licensor except on Sundays and holidays as approved by the Licensor unless there is failure or imposed cut of electric power supply or any breakage or failure of the said plant. 3. The working hours of lifts in the XYZ Office Complex Building will be such as shall be decided by the Licensor. The Licensor shall not be responsible for running the lifts if there is a failure or imposed cut of electric power supply or any breakage or failure of the machinery of any of the lifts. The passenger lifts will be available for the common use of all the Licensees/Lessees, their agents, servants and visitors at their own risk and subject to the regulations and restrictions (including restrictions as to hours of use) that may be prescribed by the Licensor from time to time. No goods or merchandise, luggage or heavy articles or materials or dogs or animals shall be allowed to be carried in the passenger lifts. A separate goods lift is provided in the building and all movement of goods, merchandise, luggage and heavy articles and materials shall only be allowed by such goods lift. The Licensor will be at liberty to close all or any of the lifts for such time as it may think fit from time to time, if necessary or required for servicing, maintenance or repairs. The Licensor shall not be liable for any injury, fatal or otherwise to any person, or for any loss or damage to any property that may be caused in any way by the use of the lifts or by their break down or otherwise howsoever or through any act of commission or omission wrongful or otherwise or negligence of the lift attendants or any other employee of the Licensor. 4.The facilities available to the Lessees/Licensee in XYZ Office Complex with regard to Air-conditioning, lifts, car parks, clearing of garbage and the relevant guidelines, working hours and payment of bills are set out in Annexure A hereto. 5. In addition to the above mentioned equipments, amenities, services, the Licensor shall also provide water and electricity to the licensee for the said premises and the Licensee shall bear and pay the charges for the electricity and water consumed in the said premises and for the car parking slot(s). In addition to the compensation payable for use and occupation under the Leave and License Agreement of the said premises, the Licensee shall pay to the Licensor Service charges at the rate of Rs ……………….per sq. ft. super built up area per month of the super built area if sq. ft. ……………….for providing the equipment, amenities and services mentioned hereinabove for the period from……………….to………………. and Rs ……………….per sq. ft. super built up per month for the period from..............till further revision. The Service Charges shall be subject to increase or decrease by the reason of the expenses of the above services being increased or decreased. The Licensee, however, shall bear and pay the charges for the electricity consumed in the premises as shown by the sub-meter to be installed therein by the Licensee. Further, in the event of the rateable value of the premises or any part thereof covered in the Leave and Licence agreement being increased by the Brihad mumbai Municipal Corporation by reason of this Leave and Licence, then the liability for that part of such increase which is in excess of Rs………………. per sq. ft. super built up per month for the said premises shall be borne by the Licensee and be paid/reimbursed to the Licensor. In the event of the Licensee exercising the option of the renewal of the license for a further term of 5 years on the expiry of the license on...............2005, the licensee shall pay to the Licensor Service Charges at the rate chargeable for the month of 2005 increased by 25% for the extended period subject to Increase or decrease by the reason of the expenses of the above services being increased or decreased. 6. The Licensee shall deposit and keep deposited with the Licensor through out the term of license a sum of Rs……………….The said deposit shall not bear any interest. In the event of any further sum being payable as determined by the Licensor, the Licensee shall deposit and keep deposited with the Licensor such further sum within seven days from the date of service of demand in writing in that behalf made by the Licensor. The said deposit shall be adjusted by the Licensor towards payment of service charges of the last three months of the terms of the license. In the event of the license being forthwith terminated for any reason whatsoever as herein contemplated, the said deposit shall be refunded after appropriating such portion thereof as attributable to the period of license for which payment shall not have been made by the Licensee towards such service charges. 7. In the event of Licensor being required to pay at any time hereafter to the Municipal Corporation or to the state government whether prospectively or retrospectively from the date of signing this agreement, any amount or amounts by way of premium, betterment charges, development tax or any other tax, cess or charge, the Licensee shall pay forthwith to the Licensor on demand, a proportionate share of such amount or amounts, to be calculated by the Managing Committee of the Licensor in the proportion which the area of the premises licensed to the Licensee bears to the total area of the building and further apportioned for the duration of the agreement which the Licensor shall have leased or licensed and/or shall decide to lease and/or license and the decision of the Managing Committee as to whether or not the licensee Is liable to pay a proportionate share of such amount or amounts and the quantum of such proportionate share shall be final and binding on the Licensee. 8. The service charges shall be paid by the Licensee to the Licensor on or before the 10th of every month commencing from the date of occupation by the Licensee. 9. The Licensee agrees to keep and maintain the Licensor's fixtures, equipments, amenities and other effects installed in the licensed premises in good, repair order and condition, reasonable wear and tear damage by fire, flood, earthquake, tempest, lightening, civil commotion, riots, war or other hostilities or any other cause or circum stances beyond the control of the Licensee excepted. The Licensee all agrees to use all common passages and amenities with reasonable care as a man of ordinary prudence would use his own property and would indemnity the Licensor against any loss or damage caused to the property of the Licensor by the Licensee, its employees, servants and agents. 10. This agreement will run concurrently and shall be conterminous with the said Leave and Licence Agreement of even date. On the termination of the said Leave and Licence Agreement of even date this Agreement shall automatically come to an end but this Agreement shall not be terminated so long as the said Leave and Licence Agreement shall be in force. 11. The Licensor shall be entitled to terminate the Leave and Licence Agreement of the said premises if the service charges for any month payable under this Agreement are not paid for a period of 15 days after they shall have become due and payable. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and hear first hereinabove mentioned SIGNED, SEALED AND DELIVERED By the within named Licensor by its Managing Director Shri ........ In the presence of ……………….………………. SIGNED, SEALED AND DELIVERED By the within named Licensee ABC Ltd. By its In the presence of Annexure A Various facilities available to lessees/licensees In XYZ Commercial Complex and relevant Guidelines 1. Air Conditioning The Air conditioning plant in XYZ Commercial Complex will function from 9.00 a.m to 6 p.m. If there will be any change due to undertaking of any repairs resulting from breakdown, or for routine maintenance and to comply with such stipulations as may be imposed by the government or municipal or other statutory authority from time to time, the General Manager (Engineering Services) will intimate for the same to all lessees or licensees. 2. Lifts The working hours of lifts in XYZ Commercial Complex will be from 8 a.m. to 9.00 p.m. of all days and on Sundays/bank holidays. At any given time two lifts operates each from the ground floor to the 16th floor and 16th floor to the 31 st floor and back. 3. Working Hours The hours of business for XYZ Commercial Complex will be from 9.00 a.m. to 9.00 p.m. If any Lessee/Licensee propose to keep his/her premises open on any particular day beyond the hours specified or on a Sunday/bank holiday,. he/she should obtain prior permission in writing from the Manager (Security) whose office is located on the ground floor XYZ Commercial complex. The authorized representative of the Lessee or Licensor should send a written request in triplicate for keeping its office open to the Manager (Security)/Security Officer of the Licensor mentioning therein: (i) The date/days on which the office is required to be kept open, but not exceeding 7 days at a time (ii) The time upto which the office is required to be kept open on each of days mentioned (t) at a time (iii) The names and designation of the persons who would be working in the office on the days mentioned in (i) and during the time mentioned in (h) above The gates of XYZ Commercial Complex will be closed at 9.30 p.m. and they will be opened after this only with the permission of the Manager (Security)/Security Officer. Arrangements will be made to open one of the gates to permit exit to the lessee or his/her employees who have intimated the Manager (Security) or the officer on duty. 5. Car parking The Lessees/Licensee should park their cars only in the space allotted to them. No car should be kept in the compound after 9.00 p.m. 6. Clearance of garbage The Lessees/Licensees should arrange to keep outside their premises the garbage collected by them, in polythene bags, before 9.00 a.m. every day to enable the cleaning staff to collect it to arrange for its disposal. 7. Complaints All complaints should be made to the Complaint Cell on (Extension No. ........ ). The Lessees/Licensees should not in any case give direct instructions to the security guards or any other staff on duty. 8. If any untoward incident occurs or is feared to take place in the premises of the lessee/licensee which requires attention, the Security Officer on duty should be immediately contacted. 9. The XYZ Commercial Complex will be closed on Sundays and other days declared as holidays by the Licensor. 10. The above rules are in addition to provisions incorporated in the Leave and License Agreement including Annexure thereto, which specify among other things, regulations required to be observed by the Licensees having premises in the XYZ Commercial Complex.
- UNDER-LEASE
UNDER-LEASE THIS DEED made at……………….this……………….day of……………….20 ………………between A, son of……………….resident of……………….(hereinafter referred to as "the Landlord") of the ONE PART and……………….Co operative Housing Society Ltd., (hereinafter referred to as "the Tenant") of the OTHER PART WHEREAS (1) By a Deed of Lease made at……………….on……………….day of……………….20……………between Shri……………….Lessor of the ONE PART and Shri………………., the Lessee, of the OTHER PART, and referred to as the Landlord herein, (which Lease Deed has been registered with the Sub-Registrar of Assurances at……………….on the……………….th day of……………….20……………….as Document No……………….in Book No ……………….Volume No……………….at pages No . to and is hereinafter referred to as the said Lease Deed), the Lessor demised unto the Lessee the land and premises described in the Schedule to the said Lease Deed (being described in the First Schedule hereunder written) for a period of 99 years commencing from ………………. at a yearly rent of Rs………………. on the terms and conditions as set out in the said Lease Deed. (2) The Landlord has prepared a layout of the said demised premises by dividing the same into several plots and agreed to execute lease of various plots to the prospective purchasers. (3) The tenant proposes to develop one of the Plots No. .................of the layout by constructing buildings thereon consisting of flats and has requested the Landlord to execute lease deed for................. years of the said Plot No (4) Clause……………….of the said Lease Deed provides that the Lessee may assign, sub-lease or transfer his rights to any other person with the prior consent of the Lessor in writing and in pursuance of the said clause, the Lessee, (the Landlord herein) requested the Lessor to accord consent for executing sub-lease of the said Plot No. ................. in favour of the tenant vide letter No . ……………….dated . ………………. which has been accorded by the Lessor vide his letter dated……………….addressed to the Landlord herein. The copy of both the letters, written by Landlord to the Lessor requesting for consent to sub-lease the said plot and by the Lessor to the Landlord according his consent thereto are annexed to this deed and marked together as Annexure 1. (5) The Landlord has agreed to grant to the tenant an under-lease of the said Plot No……………….described in Second Schedule hereunder written and delineated on the Plan hereto annexed at Annexure 2, and thereon shown by Green colour boundary line (and forming part of the leasehold land described in the First Schedule hereunder written) hereinafter referred to as the demised premises on the terms and conditions hereinafter appearing. NOW THIS DEED WITNESSETH AS FOLLOWS: In consideration of the rent hereinafter reserved and the covenants on the part of the tenant hereinafter contained, the Landlord hereby demises unto the tenant for the purpose of building a residential building and using the same for residence only. All that land described in the Second Schedule hereto and delineated on the Plan hereto annexed at Annexure 2 and thereon shown by Green colour boundary line together with the free right of passage at all times and for all purposes to and from the demised premises, to hold the said premises to the tenant from the ………………. day of……………….for the term of……………….years paying therefor during the said term the annual rent of Rs ……………….by half-yearly payments on the……………….day of……………….and the……………….day of……………….in each year at the office of the Landlord or at such other place as the Landlord may appoint in this behalf, the first of such payments to be made on the……………….day of………………. next. The tenant hereby covenants with the landlord as follows: (a) To pay, the yearly rent hereby reserved without any deduction on the days and in manner hereinbefore mentioned. (b)To pay all rates, taxes, and outgoings now payable or hereafter to, become payable in respect of the demised premises or the building constructed thereon or by the Landlord or the tenant in respect thereof. (c)To keep the buildings and structures that may be erected or constructed on the demised premises in good and tenantable repairs. (d) Not to use the said demised premises or building constructed thereon for any purpose other than for residential purpose. (e) Not to assign, sub-let, transfer or part with possession of the demised premises-or any part thereof without the prior written consent of the Landlord. (f)To perform the covenants and stipulations contained in the said Lease Deed affecting the property hereby demised, except the payment of rent and not to do or suffer to be done anything whereby the lease granted to the Landlord may be avoided or forfeited. (g) to permit the Landlord to enter upon the demised premises during all reasonable hours for the purpose of performing any of the covenants and stipulations on the part of the Landlord in the said Lease Deed, which may be necessary to prevent its forfeiture. (h) To indemnify and keep the Landlord indemnified against all actions, expenses, claims, demands or proceedings on account of the breach of the said covenants and stipulations. (2)The Landlord hereby covenants with the tenant as follows: (i)That the tenant paying the rent hereby reserved and performing all the covenants and stipulations by the teriant herein contained shall quietly and peaceably enjoy the demised premises during the said term without any unlawful interruption by the Landlord or any person whatsoever. (ii) That the Landlord shall pay the rent reserved in the said Lease Deed and with at all times keep the tenant indemnified against all actions claims, demands or proceedings on account ,of non-payment of the said rent., (iii) To produce the said Lease Deed and deliver the copies thereof, whenever. demanded by the tenant. (3)It is hereby declared and agreed between the parties that whenever the rent or any part thereof hereby reserved shall be in arrears for……………….months after due date, or if the tenant shall fail to observe or perform any of the covenants or stipulations on his part herein contained, it shall be lawful for the Landlord to re-enter and take possession of the demised premises and determine this lease without prejudice to his right to recover all arrears of rent and to take any action against the tenant for any damage for -breach of the covenant or stipulation. (4) This Deed shall be executed in duplicat6i. The original shall be retained by the Landlord and the duplicate by the tenant. (5) The stamp duty and all other expenses in respect of this Deed and duplicate thereof shall be borne and paid by the tenant. (6) The marginal notes and the catch lines hereto are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents. IN WITNESS WHEREOF , the parties hereto have set their respective signatures in the presence of witnesses on the day, month and year above written. The First Schedule above referred to (Particulars of the property leased to the Landlord) The Second Schedule above referred to (Particulars of the property sub-leased to the Tenant) Annexure I (Copy of the Letters written by the Landlord to the Lessor requesting for consent to sublease and the Lessor to the Landlord according his consent thereto). Annexure 11 Site plan WITNESSES Signed and delivered by A, the within named Landlord Signed and delivered by B, the within named Tenant Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-)
- LEASE FOR LEASING OF MACHINERIES
LEASE FOR LEASING OF MACHINERIES THIS LEASE AGREEMENT made this……………….day of……………….20 ………between ……………….a company incorporated in USA and having its registered office at………………. (hereinafter called "the Lessor") of the ONE PART and……………….a company incorporated in India and having its registered office at……………….(hereinafter called "the Lessee") of the OTHER PART. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: (1) In consideration of the rent hereby reserved and of the terms and conditions, covenants and agreements herein contained and on the part of the Lessee to be observed and performed, the Lessor hereby agrees to lease and let to the Lessee and the Lessee hereby agrees to take on lease and hire from the Lessor the machineries (hereinafter called "the machineries", which expression shall be deemed to include all accessories and addition thereto, whether made before or after the date of this Agreement) more particularly described in the Schedule hereunder written for the period of……………….years commencing from the 1st day of……………….20………………. PAYING therefor during the said term monthly rent of Rs……………….free and clear of all deductions and in advance on or before the……………….day of each and every calendar month, the first of such rent shall be paid on the ......... day of……………….and the subsequent rent to be paid on or before the……………….day of every succeeding month regularly. (2) On receipt of intimation from……………….Port Trust of reaching of the said machineries at ……………….the Lessee shall take delivery and inspect the machineries and sign the delivery and acceptance certificate provided by the Lessor. In case the Lessee discovers any defects and complaints in the machineries, the Lessee shall immediately notify about the same to the Lessor within .................... days of receipt of the goods by the Lessee and specifically state such defects and complaints in the delivery and acceptance certificate and if the Lessee fails to so notify the Lessor, it shall be deemed that the machineries have been received by the Lessee in perfect condition and the Lessee shall not be entitled to raise any objections whatsoever thereafter. (3) The Lessee hereby declares that it has selected the machineries and the Lessor has not made any statements or representations about the same and the Lessee hereby acknowledges that the Lessor shall not be responsible for any defects or for the quality or fitness of the machineries or any part or parts thereof. The Lessor hereby assigns to the Lessee the right to make any claim for any defect or deficiency in the machineries or for any delay in delivery or non delivery by the seller of the machineries. (4)The Lessee hereby covenants with the Lessor as follows: (a)To pay the rent hereby reserved on the days and in the manner aforesaid clear of all deductions (b) To use the machineries according to the manufacturer's instructions as to use, service and maintenance thereof. (c) To keep the machineries in good and tenantable condition and place old or broken parts or accessories with parts or accessories of equal value and in default of so doing, permit the Lessor to repair or replace such part or accessories and require the Lessee forthwith to reimburse to the Lessor the expenses incurred by the Lessor. (d) Not to remove the machineries from the address given in the Schedule, without the Lessor's prior written consent. (e) To operate the machineries in a skilful and proper manner and by persons who are competent to operate the said machineries. (f)To pay for servicing of and repairs and other work done to the machineries and for spare parts and accessories thereof and keep the machineries free from distress or execution or any other legal process. (g) To obtain licence, registration and any other permission required for the installation and operation of the said machinery and keep the said licences, registrations and permissions in full force during the term of the lease by punctually paying licence fees, registration charges rent, rates, taxes, and other outgoings payable in respect of the machineries and produce to the Lessor the receipts for all such payments and in the event of the Lessee making default, the Lessor shall be at liberty, but not bound to make all or any of such payments and to recover the amount thereof from the lessee forthwith. (h) Not to make any additions, improvements or alterations in the machineries or changes of the working order, function or quality without the written consent of the Lessor. (i) Not to affix, secure, fasten, anchor in any way, attach the machineries to the premises in which the machineries are kept and used or to any immovable property; without the Lessor's written consent (j)Not to transfer, assign, mortgage, charge, encumber, sell or otherwise dispose off the machineries or any interest therein and nor create nor allow to be created any lien on the machineries whether for repairs or otherwise and in the event of any breach of this clause by the Lessee, the Lessor shall be entitled (but shall not be bound) to pay to any third party such sum as is necessary to procure the release of the machineries from any charge, encumbrance or lien and thereupon make a demand on the Lessee for reimbursement of the amount paid by him and the Lessee shall pay the same forthwith.. (k) To permit the Lessor, his servants and duly authorised agents at all reasonable hours to enter upon the premises where the machineries may for the time being placed, kept and used to inspect and examine the machineries. (l) To bear entire risk of loss of or damage to the machineries or part thereof from whatever cause arising (ordinary wear and tear excepted) and in event of any loss or damage to the machineries to replace the machineries with like machineries in good repair, condition and working order at his own cost (m) To insure the machineries against such other risks as it desires, but such insurance shall not relieve the Lessee from all or any of its covenants, obligations and responsibilities under this Agreement. (n) To provide the Lessor with such particulars, statements and details as to the Lessee's financial status, place, state and condition of the machineries as the Lessor may require. (o) Upon the expiration or earlier determination of this lease agreement, to deliver and surrender up the machineries to the Lessor at the address of the Lessor stated above or at such other address as the Lessor may specify. (5) The Lessor hereby covenants with the Lessee as follows: (a)To insure the machineries with an insurance company for an amount sufficient to cover the stipulated loss value of the machineries described in the Schedule hereunder written. (b) Not to sell, transfer, pledge or establish a mortgage or charge on the machineries subject to this agreement without the Lessee's consent. However, the Lessor may transfer or pledge all or part of its rights and obligations under this agreement or use the machineries as security for whatsoever purposes the Lessor deems fit. (c)In the case of sale of the machineries on termination or expiry of, the lease of the machineries, to give to the Lessee a priority right of buying the machineries at market price (6)It is hereby expressly agreed and declared between the parties as follows (i) That the Lessor is and shall at all times remain the absolute owner of the machineries and the Lessee shall have no right or interest therein otherwise than a Lessee. The machineries shall be registered in the name of the Lessee as a nominee for the purpose of registration provided that the Lessor's ownership shall be registered on the registrabon book during the lease period to the effect that the beneficial ownership of the machineries belongs to the Lessor. (ii) If any one of the following events take place, the Lessor may give a notice in writing to the Lessee of his intention to terminate the agreement and if the event of default continues for a period of ....... days from the date of service of notice, it shall be lawful for the Lessor to terminate the lease: (a) Failure to pay lease rents, or any other payment and such failure continues for a period of one month from the date, the said amount becomes due. (b) Suspension or discontinuance or threatened suspension or discontinuance of business of the Lessee or commencement of winding up proceedings against the Lessee. (c)On the Lessee being the subject of distress, attachment, execution or disposition. (d) On the Lessee entering into any compromise, arrangement or composition with its creditors or any assignment for the benefit of such creditors. (e)Attempt to remove, sale, transfer, encumber or part with the possession of the machineries without the consent of the Lessor in writing. (f)Any adverse change in the management of the Lessee or other material change affecting the financial position of the Lessee. (g) Default of the Lessee of any obligation under any other agreement, which has been executed as a related document of this Agreement; or (h) Abandonment of the machineries by the Lessee. (iii) Any relaxation, forbearance, delay or indulgence on the part of the Lessor in enforcing any of the terms and conditions of this agreement or the granting of time by the Lessor to the Lessee shall not prejudice, affect or restrict the rights of the Lessor hereunder nor shall. any waiver by the Lessor of any breach hereof operate as a waiver-of any subsequent or any continuing breach hereof. (iv)This lease agreement shall be governed and construed in all respects in accordance with the laws of India and any dispute or question regarding the interpretation of any clause or the rights, duties or liabilities of either party under this lease or otherwise -in connection with the lease, the matter in difference shall be referred to arbitration io the International Chamber of Commerce whose decision shall be binding and final. (v) Notices and other communications under this agreement shall be in writing addressed as indicated in the description of the parties herein or as either party may request in writing and the effective date of each is the date of its prepaid deposit in the mail for despatch by air or such service properly addressed. (vi)The validity and interpretation of and the legal effect to be accorded to all provisions of this agreement shall be determined and applied according to the laws of India. (vii) The parties will obtain necessary permissions from the Governments of their countries or any authority for the execution of this lease agreement, operation of the machineries and the payment of lease rent or any payment payable in respect of this lease and performance and observation of covenants and liabilities under this, lease agreement. (viii) This Lease Agreement shall be executed in duplicate. the original shall be retained by the Lessor and the duplicate by the Lessee. (ix)The stamp duty and all other expenses in respect of this Lease Agreement and duplicate thereof shall be borne and paid by the Lessee. (x) The marginal notes and the catch lines hereto are meant only for convenience of references and shall not in any way be taken, into account in the interpretation of these presents. IN WITNESS WHEREOF , the parties have caused their common seals to be affixed hereunto and a duplicate hereby on the day and year first above written. The Schedule above referred to WITNESSES The common seal of the within named………………. the Lessor was hereunto affixed pursuant to the resolution of the Board of Directors passed on 1 ..................... in the presence of Shri ……………….and……………… Directors who have signed these presents in token thereof 2. The common seal of the within named ..................... the Lessee was hereunto affixed pursuant to the resolution of the Board of Directors passed on.........................in the presence of S/Shri................................ and ……………….Director and Secretary, who have signed these presents in token thereof. Download Word Document In English. (Rs.50/-) Download PDF Document In Hindi. (Rs.50/-)
- SUPPLEMENTARY DEED ALTERING TERMS OF THE LEASE DEED
SUPPLEMENTARY DEED ALTERING TERMS OF THE LEASE DEED THIS SUPPLEMENTARY DEED made at……………….on the……………….day of……………….20……………….BETWEEN A, son of……………….resident of.............(hereinafter called "the Lessor") of the ONE PART and B, son of………………. resident of……………….(hereinafter called "the Lessee") of the OTHER PART. WHEREAS (1) By a Lease Deed made at……………….on the……………….day of……………….20 ………………. BETWEEN the Lessor of the ONE PART and the Lessee of the OTHER PART (which said Lease Deed has been registered with the Sub-Registrar of Assurances at ………………. on the.................day of……………….20 …..as Document No ……………. in Book No………………. Volume No . ……………….at pages No................. to………and is hereinafter referred to as "the said Principal Lease Deed"), the Lessor demised unto the Lessee the premises on the terms and conditions mentioned in the said principal lease deed. (2) The parties hereto have agreed that the said principal lease deed be modified in manner hereinafter appearing. NOW THIS DEED WITNESSETH AS FOLLOWS: (1) Sub-clause ( …………..) of clause……………….of the said principal lease deed shall cease to have effect. (2) The following sub- e deed. (3) The annual rent reserved by the said principal lease deed shall be increased from Rs . …… to Rs………………. . (4) The, term of the lease granted by the said principal lease deed shall be further extended for a further period of ……………….years commencing from (5)Save as hereinbefore modified, the said principal lease deed shall continue in full force and effect (6) This deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee. (7) The stamp duty and all other expenses in respect of this deed and duplicate thereof shall be borne and paid by the Lessee. IN WITNESS WHEREOF, the Lessor and the Lessee, have put their respective. hands on the original and duplicate thereof the day and year first hereinabove written. WITNESSES Signed and delivered by the within named Lessor A Signed and delivered by the within named Lessee B Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)
- LEASE OF MILL WITH ENGINES AND MACHINERY
LEASE OF MILL WITH ENGINES AND MACHINERY THIS LEASE made the………………day of………………between A B Co. Pvt. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ……………… (hereinafter referred to as"the Lessor") of the ONE PART and X Y Co. Pvt. Ltd., a Company incorporated under the Companies Act, 1956 and having its registered office at………………(hereinafter referred to as "the Lessee") of the OTHER PART NOW THIS DEED WITNESSETH AS FOLLOWS: (1)The Lessor hereby demises unto the Lessee. (i) All that cotton mill and power loom weaving shed with the engine house, boiler house, warehouse and other erections, buildings, and constructions situate on the Plot No ………………. Survey………………No..........................,HissaNo ………Tehsil…………District...............and called as the Gupta Mills. (ii) All the steam engines, steam boilers, main cross upright and horizontal shafting mill, all other fixtures and fittings, water pipes, and other apparatus now being in or upon and attached or belonging to the said Gupta Mill shed, buildings and premises TO HOLD all the said premises unto the Lessee from the. ................ day of for a term of ………………years. Paying therefor during the said term yearly rent of Rs ………………. without any deductions and to be payable in advance, the first year's rent to be payable on the commencement of term and rent of subsequent years to be payable in advance by half-yearly payments on the................day of .................and the................. day of ............ in each year at the office of the Lessor or at such other place or places as the Lessor may from time to time appoint in this behalf. (2)The Lessee hereby covenants with the Lessor as follows: (i) To pay the reserved rent hereby reserved on the days and in manner hereinbefore appointed (ii) To pay all existing and future rates, taxes, assessments and charges of every description now payable or hereafter to become payable in respect of the said demised premises either by the owner or occupier thereof. (iii) To keep at his own expense interior and exterior of the first demised premises and all improvements and additions thereto in tenantable repair. (iv) To keep the steam engines, steam boilers, main cross and other shafting mill and other fixtures, machineries, fittings and apparatuses in good working order, repair and condition (fair wear and tear excepted) and to replace by suitable articles of similar quality. (v) To limewash the walls and other parts of the said demised premises and any additions therefor, once in a year of the said term. (vi) To paint with two coats of good oil paint in a workman like manner such of the outside and inside wood and iron work of the demised premises and any additions thereto as are usually painted; once in a year of the said term. (vit) To clear out the engine well and properly and substantially repair all pipes, fittings and other conveyances thereunto belonging or. connected therewith. (viii) To permit the Lessor and his authorised agents at all reasonable times to enter upon the demised premises or any part thereof for inspection of the state and condition thereof and also of the engines, boilers, fixtures, fittings, apparatus and machineries of every description, the property of the Lessor in, upon or about the same and if the lessor or his representatives find that any repair is necessary to be done or any part of the machinery, apparatus, fixtures, fittings of any description is to be replaced, the Lessor may serve a notice in writing to the Lessee to execute the same and the Lessee shall proceed diligently with the execution of such repairs or supplying such replacements within one month after the service of such notice. (ix) Not to remove any part or parts of the demised premises or any part of the machineries, fittings, apparatuses and fixtures therein or thereupon without the previous consent in writing of the Lessor, which shall not be withheld, unreasonably (x) Not to use the said demised premises to manufacture, trade or business, which is against any law for the time being in force or which may be deemed to be a public or private nuisance or cause inconvenience to the neighbours of the demised premises. (xi) To comply with the requirements of Labour Legislations for the time being in force and to indemnify and keep indemnified the Lessor against any breach or non-observance thereof. (xii).Not to assign, underlet or part with the possession of the demised premises or any part thereof without the previous written consent of the Lessor, such consent will not be unreasonably withheld. (xiii) To keep insured during the term, the demised premises, machineries, boilers, fixtures, apparatus and all other fittings with an insurance company for a sum of Rs . .................. (3)The Lessor hereby covenants with the Lessee that the Lessee paying the rent hereby reserved and performing and observing the several covenants and stipulations on his part herein contained, shall peaceably hold and enjoy the demised premises during the said term without any interruption by the Lessor or any person rightfully claiming under or trust in him. (4)Provided always and it is expressly agreed as follows: (i) If the rent hereby reserved or any part thereof shall at any time be unpaid for one month after becoming payable or if the covenants and stipulations on the Lessee's part herein contained shall not be performed or observed, then and in any such case it shall be lawful for the Lessor at any time thereafter to re-enter upon the demised Premises or any part thereof and thereupon this demise shall absolutely determine (ii)If the demised premises or any part thereof shall be destroyed or damaged at any time by fire, explosion, storm or tempest so as to be unfit for occupation and use, then the rent, first hereinabove reserved or a fair and just proportion thereof according to the nature and extent of the damage done shall be suspended, until the said premises shall be again rendered fit, for occupation and use. (iii) If the Lessee shall be prevented by any labour dispute from running or working the said mill, the rent payable under this lease shall for the period during which the lessee is so prevented be reduced from the said sum of Rs ……………… to the sum of Rs……………… such reduced rent to be paid at the times and in manner hereinabove mentioned with respect to the payment of the said yearly rent of Rs . .................. (iv) In case any dispute or question arises due to the interpretation or effect of any clause or clauses in this deed or the rights, duties or liabilities of either party under this lease or otherwise in connection with the demised premises, the matter in difference shall be referred to the arbitration of one arbitrator to be appointed by mutual agreement and in case of disagreement to two arbitrators one arbitrator to be appointed by each party and such arbitrators so appointed shall appoint one umpire before entering upon the reference. The reference of arbitration under this clause shall be deemed to be reference under the provisions of Arbitration Act, 1940 or any statutory enactment in that behalf for the time being in force. (v) Any consent or notice required to be given hereunder shall be in writing and if given by the Lessor shall be sufficient if signed by the authorised representative of the Lessor and shall be given or served if addressed to the Lessee at the address given above or any other address as may be communicated to the Lessor from time to time and any notice to be given to the Lessor shall be sufficiently served if addressed to the Lessor at the address given above or any other address as may be communicated to the Lessee from time to time. (5)This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee. (6)The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the Lessee (7) The marginal notes and the catch lines hereto are meant only for convenience of references and shall not in any way be taken into account in the interpretation of these presents IN WITNESS WHEREOF , the Lessor and Lessee have caused their common seal to be affixed hereunto and a duplicate hereof on the day, month and year first hereinabove written. WITNESSES The common seal of the within named Lessor A B Co. Pvt. Ltd., was hereunto affixed pursuant to the resolution of its Board of Directors passed on the 1. ................ in the presence of Shri ………………and Shri ……………… Directors who have signed these presents 2. The common seal of the within named Lessee X Y Co. Pvt. Ltd., was hereunto affixed pursuant to the resolution of its Board of Directors passed on the................. in the presence of Shri and Shri Director and secretary who have signed these presents Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-)














