Rooftop lease agreement for telecom tower
senthilbiz
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Oct 13, 2013
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About This Presentation
This is a draft agreement for leasing out rooftop and vacant land to telecom companies to setup tower and other infrastructure. I have highlighted the critical points and provided possible comments. I would say everyone who wish to lease their rooftop or vacant land should read this carefully before...
Slide Content
DEED OF LEASE (XXX-0025)
THIS DEED OF LEASE (“Deed”) is executed at Chennai on this the ____ day of _____, 2013
BETWEEN
Mr. XXXXXXXXXXX, (PAN No.), S/o XXXXXXXXX, adult, Indian Inhabitant aged about ___ years,
residing at No XX, XXXXX Nagar, Trichy, hereinafter referred to as “Lessor” (which expression shall
unless repugnant to the subject or context shall mean and include his/her respective heirs, legal
representatives, executors, administrators and permitted assigns) of the ONE PART.
AND
XXXXXXXXXXXXXXXX LIMITED (PAN No. XXXXXXXXXX), a Company duly incorporated and
registered under the provisions of Indian Companies Act, 1956 and having its registered office at
(address deleted) and having its administrative office at (address deleted) represented herein by its
duly authorised signatory _________________________, son of Sri. _________________ aged about
____ years, hereinafter referred to as “Lessee” (which expression shall unless repugnant to the
subject or context shall mean and include its successors, subsidiaries, affiliates and / or assigns) of
the OTHER PART.
The Lessor and the Lessee shall hereinafter be individually referred to as ‘Party’ and collectively as
‘Parties’.
WHEREAS the Lessor is the society of and is absolutely seized and possessed of the open areas
including rooftop space of the building comprised in Trichy District, Trichy Registration
District, Trichy Joint Sub District, Trichy Taluk, XXXXXXXXX Village, Nanja
S.No.XX/Y an extent of XX cents out of it on the southern side an extent of
YY cents divided into plots in it an extent of ZZZZ sq.feet in the Registration
District of Trichy (hereinafter referred to as the “Building”);
AND WHEREAS the Lessee is an internet service provider company having Category ‘A’ license
granted by the Government of India, Ministry of Communications & IT, Department of
Telecommunications, and is engaged in the business of providing broadband internet services and
other allied services on a pan-India basis.
AND WHEREAS for the aforesaid purpose, the Lessee is required to set up a transmission tower /
pole / mast and other related equipments on the ground or on rooftop / terrace of various buildings.
AND WHEREAS the Lessee is desirous of using a portion of the ground / roof / terrace of the Building
on leasehold basis for the purpose of installation, operation and maintenance of single or multiple
transmission tower / pole / mast and other related equipments, with or without RCC foundation,
beams, columns etc., civil / prefabricated equipment shelters, earthing connections to antennae and
equipments laying of cables, lightening arrestors and aviation lamps, necessary cabling and power
connectivity to the equipments, space for installing electric meter, batteries and power connectivity
etc., together with the right to dig trenches, manholes, ducts etc., a standby diesel generator or any
THIS DEED OF LEASE (“Deed”) is executed at Chennai on this the ____ day of _____, 2013
BETWEEN
Mr. XXXXXXXXXXX, (PAN No.), S/o XXXXXXXXX, adult, Indian Inhabitant aged about ___ years,
residing at No XX, XXXXX Nagar, Trichy, hereinafter referred to as “Lessor” (which expression shall
unless repugnant to the subject or context shall mean and include his/her respective heirs, legal
representatives, executors, administrators and permitted assigns) of the ONE PART.
AND
XXXXXXXXXXXXXXXX LIMITED (PAN No. XXXXXXXXXX), a Company duly incorporated and
registered under the provisions of Indian Companies Act, 1956 and having its registered office at
(address deleted) and having its administrative office at (address deleted) represented herein by its
duly authorised signatory _________________________, son of Sri. _________________ aged about
____ years, hereinafter referred to as “Lessee” (which expression shall unless repugnant to the
subject or context shall mean and include its successors, subsidiaries, affiliates and / or assigns) of
the OTHER PART.
The Lessor and the Lessee shall hereinafter be individually referred to as ‘Party’ and collectively as
‘Parties’.
WHEREAS the Lessor is the society of and is absolutely seized and possessed of the open areas
including rooftop space of the building comprised in Trichy District, Trichy Registration
District, Trichy Joint Sub District, Trichy Taluk, XXXXXXXXX Village, Nanja
S.No.XX/Y an extent of XX cents out of it on the southern side an extent of
YY cents divided into plots in it an extent of ZZZZ sq.feet in the Registration
District of Trichy (hereinafter referred to as the “Building”);
AND WHEREAS the Lessee is an internet service provider company having Category ‘A’ license
granted by the Government of India, Ministry of Communications & IT, Department of
Telecommunications, and is engaged in the business of providing broadband internet services and
other allied services on a pan-India basis.
AND WHEREAS for the aforesaid purpose, the Lessee is required to set up a transmission tower /
pole / mast and other related equipments on the ground or on rooftop / terrace of various buildings.
AND WHEREAS the Lessee is desirous of using a portion of the ground / roof / terrace of the Building
on leasehold basis for the purpose of installation, operation and maintenance of single or multiple
transmission tower / pole / mast and other related equipments, with or without RCC foundation,
beams, columns etc., civil / prefabricated equipment shelters, earthing connections to antennae and
equipments laying of cables, lightening arrestors and aviation lamps, necessary cabling and power
connectivity to the equipments, space for installing electric meter, batteries and power connectivity
etc., together with the right to dig trenches, manholes, ducts etc., a standby diesel generator or any
other source of producing energy, if necessary and has accordingly approached the Lessor, who has
agreed to demise unto the Lessee 100 square feet area on the ground for laying earth pit and
manholes and 450 square feet area for installing and commissioning rooftop pole / mast on the
roof / terrace of the Building comprised in Trichy District, Trichy Registration District,
Trichy Joint Sub District, Trichy Taluk, XXXXXXXXX Village, Nanja
S.No.XX/Y an extent of XX cents out of it on the southern side an extent of
YY cents divided into plots in it an extent of ZZZZ sq.feet in the Registration
District of Trichy more particularly described in the Schedule hereinafter contained and shown
bounded by red coloured boundary line on the plan annexed hereto (hereinafter referred to as
“Demised Premises”) for installing single or multiple transmission tower / pole / mast and other
related equipments as per the abovementioned requirements of the Lessee, for a period of 20 years
on leasehold basis, on the terms and conditions hereinafter contained.
NOW THEREFORE, in consideration of the mutual covenants contained in this Deed and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties, intending to be legally bound, agree to the following terms and conditions governing the
lease contemplated herein:
1.REPRESENTATIONS AND WARRANTIES
a.The Lessee represents to the Lessor that
i.It has all requisite corporate power and authority to execute, deliver and
perform its obligations under this Deed and has been fully authorized by all
requisite corporate actions to do so;
ii.It has all necessary statutory and regulatory permissions, approvals and
permits for the purpose of carrying on its activities at the Demised Premises;
iii.It will provide such cooperation as the Lessor reasonably requires in order to
give full effect to the provisions of this Deed.
b.The Lessor represents and warrants to the Lessee that
i.That the Lessor is the sole and absolute owner of the Building as well as
Demised Premises and is in exclusive and undisputed possession thereof.
The Demised Premises has a clear and marketable title and is free from all
sorts of restrictive covenants, minor’s claims, encumbrances, charges,
mortgages, liens whatsoever and the same is not the subject matter of any
pending or threatened litigation, governmental investigation or any land
acquisition proceedings. The Lessor undertakes to give Lessee immediate
intimation in writing of any such claim, litigation, proceeding, investigation
agreed to demise unto the Lessee 100 square feet area on the ground for laying earth pit and
manholes and 450 square feet area for installing and commissioning rooftop pole / mast on the
roof / terrace of the Building comprised in Trichy District, Trichy Registration District,
Trichy Joint Sub District, Trichy Taluk, XXXXXXXXX Village, Nanja
S.No.XX/Y an extent of XX cents out of it on the southern side an extent of
YY cents divided into plots in it an extent of ZZZZ sq.feet in the Registration
District of Trichy more particularly described in the Schedule hereinafter contained and shown
bounded by red coloured boundary line on the plan annexed hereto (hereinafter referred to as
“Demised Premises”) for installing single or multiple transmission tower / pole / mast and other
related equipments as per the abovementioned requirements of the Lessee, for a period of 20 years
on leasehold basis, on the terms and conditions hereinafter contained.
NOW THEREFORE, in consideration of the mutual covenants contained in this Deed and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties, intending to be legally bound, agree to the following terms and conditions governing the
lease contemplated herein:
1.REPRESENTATIONS AND WARRANTIES
a.The Lessee represents to the Lessor that
i.It has all requisite corporate power and authority to execute, deliver and
perform its obligations under this Deed and has been fully authorized by all
requisite corporate actions to do so;
ii.It has all necessary statutory and regulatory permissions, approvals and
permits for the purpose of carrying on its activities at the Demised Premises;
iii.It will provide such cooperation as the Lessor reasonably requires in order to
give full effect to the provisions of this Deed.
b.The Lessor represents and warrants to the Lessee that
i.That the Lessor is the sole and absolute owner of the Building as well as
Demised Premises and is in exclusive and undisputed possession thereof.
The Demised Premises has a clear and marketable title and is free from all
sorts of restrictive covenants, minor’s claims, encumbrances, charges,
mortgages, liens whatsoever and the same is not the subject matter of any
pending or threatened litigation, governmental investigation or any land
acquisition proceedings. The Lessor undertakes to give Lessee immediate
intimation in writing of any such claim, litigation, proceeding, investigation
etc., which becomes known to the Lessor prior to execution of this Lease
Deed.
ii.The Lessor has not received any notice in respect of breach of any of the
provisions of law in connection with the Demised Premises or any part
thereof from any competent or local authority.
iii.The Lessor has not entered into any agreement, arrangement or
understanding with any third party for sale, transfer, mortgage, liens etc. of
the Demised Premises or any part thereof. No claims of any third party /
parties of any kind whatsoever, subsist in respect of the Demised Premises.
iv.The Lessor has not done, omitted or suffered to be done and hereby
undertakes that the Lessor shall not, during the subsistence of this
Agreement, do or omit or suffer to be done any act, whereby the right of the
Lessee to hold possess and enjoy the Demised Premises under this
Agreement can be determined, extinguished or avoided.
v.The Demised Premises is not prohibited from being used as per the
requirements of the Lessee.
vi.The Lessor has verified the nature, usage, purpose, specifications, weight
and dimensions of the Equipments to be installed at the Demised Premises
and warrants to the Lessee that the Building is structurally strong enough to
withstand the load of the Equipments of the Lessee.
vii.The Lessor is in sole and exclusive possession of the ground and the roof and
terrace rights of the Building and is legally entitled to give open and covered
areas on the ground floor and on roof or terrace of the Building on long term
lease to interested parties;
viii.The managing committee of the society of the Building has resolved to
demise unto the Lessee all that Demised Premises for a period of 20 years.
ix.The society of the Building has not received any objection from any of its
members or other residents of the Building with regard to the installation of
Lessee’s equipments inside the Building premises in terms of these presents.
x.The Lessor has obtained and constructed buildings vide Plan permit no.____.
c.Both the Parties represent that the execution and performance of this Deed by
either of the Parties does not and shall not violate any provision of any existing
Agreement by any Party.
Deed.
ii.The Lessor has not received any notice in respect of breach of any of the
provisions of law in connection with the Demised Premises or any part
thereof from any competent or local authority.
iii.The Lessor has not entered into any agreement, arrangement or
understanding with any third party for sale, transfer, mortgage, liens etc. of
the Demised Premises or any part thereof. No claims of any third party /
parties of any kind whatsoever, subsist in respect of the Demised Premises.
iv.The Lessor has not done, omitted or suffered to be done and hereby
undertakes that the Lessor shall not, during the subsistence of this
Agreement, do or omit or suffer to be done any act, whereby the right of the
Lessee to hold possess and enjoy the Demised Premises under this
Agreement can be determined, extinguished or avoided.
v.The Demised Premises is not prohibited from being used as per the
requirements of the Lessee.
vi.The Lessor has verified the nature, usage, purpose, specifications, weight
and dimensions of the Equipments to be installed at the Demised Premises
and warrants to the Lessee that the Building is structurally strong enough to
withstand the load of the Equipments of the Lessee.
vii.The Lessor is in sole and exclusive possession of the ground and the roof and
terrace rights of the Building and is legally entitled to give open and covered
areas on the ground floor and on roof or terrace of the Building on long term
lease to interested parties;
viii.The managing committee of the society of the Building has resolved to
demise unto the Lessee all that Demised Premises for a period of 20 years.
ix.The society of the Building has not received any objection from any of its
members or other residents of the Building with regard to the installation of
Lessee’s equipments inside the Building premises in terms of these presents.
x.The Lessor has obtained and constructed buildings vide Plan permit no.____.
c.Both the Parties represent that the execution and performance of this Deed by
either of the Parties does not and shall not violate any provision of any existing
Agreement by any Party.
2.LEASE OF DEMISED PREMISES
a.In pursuance of this Deed and in consideration of the rent hereby reserved and of
the covenants and conditions herein contained and on the part of the Lessee to be
paid, observed and performed, the Lessor doth hereby demise unto the Lessee the
Demised Premises consisting of ALL THAT piece or parcel of land admeasuring 100
square feet area on the ground and 450 square feet area on the roof / terrace of the
Building comprised in Trichy District, Trichy Registration District,
Trichy Joint Sub District, Trichy Taluk, XXXXXXXXX Village,
Nanja S.No.XX/Y an extent of XX cents out of it on the southern
side an extent of YY cents divided into plots in it an extent of
ZZZZ sq.feet in the Registration District of Trichy more particularly described in
the Schedule hereinafter contained and shown bounded by red coloured boundary
line on the plan annexed hereto, together with all rights, easements and
appurtenances whatsoever belonging or appertaining to the Demised Premises, for
the purpose of installation, operation and maintenance of single or multiple
transmission tower / pole / mast and other related equipments of the Lessee, with
or without RCC foundation, beams, columns etc., temporary / semi-permanent
civil / prefabricated equipment shelters, earthing connections to antennae and
equipments, laying of cables, lightening arrestors and aviation lamps, necessary
cabling and power connectivity to the equipments, space for installing electric
meter, batteries and power connectivity etc. (hereinafter collectively referred to as
“Equipments”), together with the right to dig trenches, manholes, ducts etc.
b.The Lessor doth hereby permit the authorized representatives of the Lessee to carry
tools, heavy machinery, raw materials, cranes, heavy vehicles, anchorage
equipment, winches, pulleys, ropes, scaffolding, brackets, clamps, welding and
cutting equipment etc. and to use the same on the Demised Premises. The Lessor
has, simultaneously with the signing of this Agreement, granted access to the Lessee
and its authorised representatives inside the Building and to the Demised Premises
and has also permitted the authorized representatives of Lessee to commence and
carry out all types of construction, installation, cabling, ducting, flooring activities, to
dig trenches, earth pits, manholes, gutters, chambers, to lay optical fiber duct and
cables, to install a temporary / semi-permanent civil / prefabricated shed, single or
multiple transmission towers or poles or masts, a standby diesel generator or any
other source of producing energy, if necessary and to carry out all other plumbing,
civil/mechanical and electrical works that are deemed necessary by the Lessee, for
the installation of its Equipments as per the sole discretion of the Lessee from time
to time. The Lessor shall permit the Lessee to put its logo, signage, glow sign,
hoardings etc. as and when required by the Lessee.
a.In pursuance of this Deed and in consideration of the rent hereby reserved and of
the covenants and conditions herein contained and on the part of the Lessee to be
paid, observed and performed, the Lessor doth hereby demise unto the Lessee the
Demised Premises consisting of ALL THAT piece or parcel of land admeasuring 100
square feet area on the ground and 450 square feet area on the roof / terrace of the
Building comprised in Trichy District, Trichy Registration District,
Trichy Joint Sub District, Trichy Taluk, XXXXXXXXX Village,
Nanja S.No.XX/Y an extent of XX cents out of it on the southern
side an extent of YY cents divided into plots in it an extent of
ZZZZ sq.feet in the Registration District of Trichy more particularly described in
the Schedule hereinafter contained and shown bounded by red coloured boundary
line on the plan annexed hereto, together with all rights, easements and
appurtenances whatsoever belonging or appertaining to the Demised Premises, for
the purpose of installation, operation and maintenance of single or multiple
transmission tower / pole / mast and other related equipments of the Lessee, with
or without RCC foundation, beams, columns etc., temporary / semi-permanent
civil / prefabricated equipment shelters, earthing connections to antennae and
equipments, laying of cables, lightening arrestors and aviation lamps, necessary
cabling and power connectivity to the equipments, space for installing electric
meter, batteries and power connectivity etc. (hereinafter collectively referred to as
“Equipments”), together with the right to dig trenches, manholes, ducts etc.
b.The Lessor doth hereby permit the authorized representatives of the Lessee to carry
tools, heavy machinery, raw materials, cranes, heavy vehicles, anchorage
equipment, winches, pulleys, ropes, scaffolding, brackets, clamps, welding and
cutting equipment etc. and to use the same on the Demised Premises. The Lessor
has, simultaneously with the signing of this Agreement, granted access to the Lessee
and its authorised representatives inside the Building and to the Demised Premises
and has also permitted the authorized representatives of Lessee to commence and
carry out all types of construction, installation, cabling, ducting, flooring activities, to
dig trenches, earth pits, manholes, gutters, chambers, to lay optical fiber duct and
cables, to install a temporary / semi-permanent civil / prefabricated shed, single or
multiple transmission towers or poles or masts, a standby diesel generator or any
other source of producing energy, if necessary and to carry out all other plumbing,
civil/mechanical and electrical works that are deemed necessary by the Lessee, for
the installation of its Equipments as per the sole discretion of the Lessee from time
to time. The Lessor shall permit the Lessee to put its logo, signage, glow sign,
hoardings etc. as and when required by the Lessee.
c.The Lessor hereby agrees that the Lessee shall be entitled to add further equipments
and to replace and remove any / all existing Equipments as per the technical
requirements of the Lessee at any time during the Lease Tenure defined hereinafter.
d.The Lessor further agrees that the Lessee shall be entitled to change the location of
the Equipments within the Building premises, with prior written intimation to the
Lessor, based on the technical requirements of the Lessee.
e.The Lessor further agrees to ensure the exclusive possession, use and enjoyment by
the Lessee of the Demised Premises throughout the Lease Tenure (hereinafter
defined) without any interruption or interference by the Lessor or any person or
entity claiming under the Lessor.
f.The Lessor further agrees to provide to the Lessee on demand, from time to time,
necessary documents/applications, duly signed by the Lessor, to enable the Lessee
to apply for and obtain necessary permissions & No Objection Certificates, from all
concerned authorities, including but not limited to local electricity board, local
Municipal Corporation etc and also to provide FTTH connectivity
g.The Lessor hereby permits the Lessee to sub-lease the Demised Premises, with prior
intimation to the Lessor, to any third party or corporate or any other entity
whatsoever for such period and on such terms and conditions as the Lessee may
decide at its sole discretion. The sub-lease shall be subject to the terms of this
Agreement and the tenure of the sub-lease shall not exceed the tenure of this
Agreement.
3.TENURE OF LEASE AND CONSIDERATION
a.The Lessor hereby agrees TO HOLD UNTO the Lessee the Demised Premises for the
period of 20 years commencing from 2013 and expiring on 2033 (hereinafter
referred to as “Lease Tenure”) YIELDING AND PAYING THEREFOR an amount of
Rs.7,000/- (Seven Thousand only) per month towards lease rentals (hereinafter
referred to as “Rent”), payable by the Lessee. The Rent shall be subject to an
escalation of 10% on the last paid Rent amount after every 3 (Three) years. The
and to replace and remove any / all existing Equipments as per the technical
requirements of the Lessee at any time during the Lease Tenure defined hereinafter.
d.The Lessor further agrees that the Lessee shall be entitled to change the location of
the Equipments within the Building premises, with prior written intimation to the
Lessor, based on the technical requirements of the Lessee.
e.The Lessor further agrees to ensure the exclusive possession, use and enjoyment by
the Lessee of the Demised Premises throughout the Lease Tenure (hereinafter
defined) without any interruption or interference by the Lessor or any person or
entity claiming under the Lessor.
f.The Lessor further agrees to provide to the Lessee on demand, from time to time,
necessary documents/applications, duly signed by the Lessor, to enable the Lessee
to apply for and obtain necessary permissions & No Objection Certificates, from all
concerned authorities, including but not limited to local electricity board, local
Municipal Corporation etc and also to provide FTTH connectivity
g.The Lessor hereby permits the Lessee to sub-lease the Demised Premises, with prior
intimation to the Lessor, to any third party or corporate or any other entity
whatsoever for such period and on such terms and conditions as the Lessee may
decide at its sole discretion. The sub-lease shall be subject to the terms of this
Agreement and the tenure of the sub-lease shall not exceed the tenure of this
Agreement.
3.TENURE OF LEASE AND CONSIDERATION
a.The Lessor hereby agrees TO HOLD UNTO the Lessee the Demised Premises for the
period of 20 years commencing from 2013 and expiring on 2033 (hereinafter
referred to as “Lease Tenure”) YIELDING AND PAYING THEREFOR an amount of
Rs.7,000/- (Seven Thousand only) per month towards lease rentals (hereinafter
referred to as “Rent”), payable by the Lessee. The Rent shall be subject to an
escalation of 10% on the last paid Rent amount after every 3 (Three) years. The
Parties agree to a rent free period of ___ month with effect from the date of
registration of this lease deed.
b.The Lessor hereby agrees and undertakes that on expiry of the Lease Tenure
contemplated herein, the Lessor shall first offer the Lessee for renewal of the lease
on mutually agreeable terms (including commercial terms) no less favourable than
the then prevailing terms of a bona fide and arms-length lease transaction for the
Demised Land. Lessee shall have the first right (but not obligation) to accept Lessor’s
offer. However, Lessee will have to exercise such right within 30 days of making such
an offer by Lessor. If the Lessee does not exercise such rights within 30 days as
above, the Lessor shall be free to lease out the said Demised Premises to any person
of its choice.
c.The Rent shall be inclusive of all maintenance charges levied by Lessor or any other
tax or cess levied by government during the Lease Tenure. Further the Rent shall be
payable subject to deduction of tax at source as per the provisions of the Income Tax
Act. Service tax, if applicable, shall be additionally payable by the Lessee. The
payment of property taxes will be made by Lessee only for the Demised Premises
and only on receipt of notice from Municipality based on separate assessment by
local municipality of the Demised Premises occupied by Lessee under this
Agreement for installation of its Equipments.
d.The Lessee shall pay the Lease rent after deduction of tax at source as applicable.
Lessor shall submit service tax compliant invoice, if Service tax is payable on
the Lease rent.
e.It is hereby agreed that for receiving monthly lease rent for the next month and
onwards the lessor shall submit to the lessee 30 days before the monthly rent
becomes due for payment, an invoice along with a declaration as per sample format
enclosed which forms part of this document.
f.During the continuance of the entire tenure of the entire tenure of Lease, the Lessee
shall keep deposited with the Lessor a sum of Rs.21,0500/- (Twenty one Thousand
only) as interest free Refundable security deposit (hereinafter referred to as the
“Security Deposit). The said Security Deposit will be refunded by the Lessor at the
time of expiry / early termination of this Lease upon simultaneous handover of the
Demised Land by the Lessee to the Lessor.
registration of this lease deed.
b.The Lessor hereby agrees and undertakes that on expiry of the Lease Tenure
contemplated herein, the Lessor shall first offer the Lessee for renewal of the lease
on mutually agreeable terms (including commercial terms) no less favourable than
the then prevailing terms of a bona fide and arms-length lease transaction for the
Demised Land. Lessee shall have the first right (but not obligation) to accept Lessor’s
offer. However, Lessee will have to exercise such right within 30 days of making such
an offer by Lessor. If the Lessee does not exercise such rights within 30 days as
above, the Lessor shall be free to lease out the said Demised Premises to any person
of its choice.
c.The Rent shall be inclusive of all maintenance charges levied by Lessor or any other
tax or cess levied by government during the Lease Tenure. Further the Rent shall be
payable subject to deduction of tax at source as per the provisions of the Income Tax
Act. Service tax, if applicable, shall be additionally payable by the Lessee. The
payment of property taxes will be made by Lessee only for the Demised Premises
and only on receipt of notice from Municipality based on separate assessment by
local municipality of the Demised Premises occupied by Lessee under this
Agreement for installation of its Equipments.
d.The Lessee shall pay the Lease rent after deduction of tax at source as applicable.
Lessor shall submit service tax compliant invoice, if Service tax is payable on
the Lease rent.
e.It is hereby agreed that for receiving monthly lease rent for the next month and
onwards the lessor shall submit to the lessee 30 days before the monthly rent
becomes due for payment, an invoice along with a declaration as per sample format
enclosed which forms part of this document.
f.During the continuance of the entire tenure of the entire tenure of Lease, the Lessee
shall keep deposited with the Lessor a sum of Rs.21,0500/- (Twenty one Thousand
only) as interest free Refundable security deposit (hereinafter referred to as the
“Security Deposit). The said Security Deposit will be refunded by the Lessor at the
time of expiry / early termination of this Lease upon simultaneous handover of the
Demised Land by the Lessee to the Lessor.
4.COVENANTS BY THE PARTIES
a.Installation and operation of Lessee’s Equipments –
i.The Lessee hereby agrees and undertakes to ensure that no damage is
caused to the Building during the installation of its Equipments and in case
of damage the same shall be repaired by the Lessee at its own costs and
efforts;
ii.The Lessee hereby agrees and undertakes to ensure that all debris, garbage
etc. accumulated during the installation of its Equipments shall be removed
by the Lessee immediately after completion of installation of its Equipments.
iii.The Lessor hereby agrees and undertakes to ensure that no hindrance is
caused to the Lessee for any reason whatsoever during the installation of
the Equipments at the Demised Premises and thereafter in operating those
Equipments during the Lease Tenure.
b.Ownership and Security of Lessee’s Equipments –
i.The Lessor hereby agrees that the Lessee is and shall always be the sole and
lawful owner of the Equipments installed at the Demised Premises and the
Lessor shall not have any rights, claims, liens or charges whatsoever on the
said Equipments under any circumstances whatsoever.
ii.It is hereby agreed by and between the Lessor and Lessee that the Lessee
shall during the subsistence of this Deed; take adequate insurance policy for
its Equipments including third party liability cover. The Lessee shall pay all
premiums for such policy.
iii.The Lessor hereby agrees and undertakes to ensure through the watchmen /
security guards deployed in the Building that the Equipments of the Lessee
installed at the Demised Premises are kept protected.
iv.The Lessor also agrees that the Lessee shall have the right to construct
fencing around the Demised Premises and / or post its own security guards
round the clock at the Demised Premises for the protection of its
Equipments. It is agreed between the Parties that neither the Lessor nor his
a.Installation and operation of Lessee’s Equipments –
i.The Lessee hereby agrees and undertakes to ensure that no damage is
caused to the Building during the installation of its Equipments and in case
of damage the same shall be repaired by the Lessee at its own costs and
efforts;
ii.The Lessee hereby agrees and undertakes to ensure that all debris, garbage
etc. accumulated during the installation of its Equipments shall be removed
by the Lessee immediately after completion of installation of its Equipments.
iii.The Lessor hereby agrees and undertakes to ensure that no hindrance is
caused to the Lessee for any reason whatsoever during the installation of
the Equipments at the Demised Premises and thereafter in operating those
Equipments during the Lease Tenure.
b.Ownership and Security of Lessee’s Equipments –
i.The Lessor hereby agrees that the Lessee is and shall always be the sole and
lawful owner of the Equipments installed at the Demised Premises and the
Lessor shall not have any rights, claims, liens or charges whatsoever on the
said Equipments under any circumstances whatsoever.
ii.It is hereby agreed by and between the Lessor and Lessee that the Lessee
shall during the subsistence of this Deed; take adequate insurance policy for
its Equipments including third party liability cover. The Lessee shall pay all
premiums for such policy.
iii.The Lessor hereby agrees and undertakes to ensure through the watchmen /
security guards deployed in the Building that the Equipments of the Lessee
installed at the Demised Premises are kept protected.
iv.The Lessor also agrees that the Lessee shall have the right to construct
fencing around the Demised Premises and / or post its own security guards
round the clock at the Demised Premises for the protection of its
Equipments. It is agreed between the Parties that neither the Lessor nor his
relatives nor friends nor the persons claiming any interest under his title will
be appointed by Lessee as security guard at the Demised Premises, neither
the Lessor nor his relatives nor friends nor the persons claiming any interest
under his title will claim to be appointed as so during the period of this
Agreement.
v.The Lessor agrees that the Lessee may take / procure loans from third
parties including banks and financial institutions from time to time by
creating pledge / hypothecation over all the Equipments installed at the
Demised Premises. The Lessor undertakes not to create any hindrance /
obstruction in such process of pledge / hypothecation of the Equipments by
Lessee in favour of such banks and financial institutions, or in the exercise by
such banks etc. of their rights under the loan agreement/s.
vi.In order to avoid any adverse effect or interference with the performance of
the Equipments installed by the Lessee at the Demised Premises, and
further to ensure unobstructed operation, safety and security of any and/or
all of the Equipments installed by the Lessee, the Lessor shall intimate in
writing to the Lessee and obtain a no objection certificate from Lessee
before allowing any other entity or entities engaged in the business of
communication, radio, telephone, paging VSAT, telegraph etc. to install their
equipments in any part of the Building. The Lessor undertakes not to install,
cause, or allow to be installed at any other part of the Building any
communication facilities/ equipment, the placement or operation of which,
in the judgment of the Lessee, may interfere with the working of the
Lessee’s Equipments. The Lessor shall ensure that a minimum distance as
required by the Lessee is maintained between the Equipments of the Lessee
and any other structure / equipment installed / proposed by the Lessor
inside or outside the Building.
c.Access to Demised Premises –
i.On the execution of these presents, the Lessor has put the Lessee in actual
physical, peaceful, vacant and exclusive possession of the Demised
Premises. The Lessor hereby agrees and undertakes to ensure 24x7x365
days unconditional, unrestricted, unfettered and unhindered right of ingress
and egress of the Lessee and/ or its employees, authorised representatives,
security guards, technicians, vendors, contractors, service providers,
engineers, supervisors or any other person/s authorized by the Lessee to the
Demised Premises (including Sundays, national holidays and other holidays)
be appointed by Lessee as security guard at the Demised Premises, neither
the Lessor nor his relatives nor friends nor the persons claiming any interest
under his title will claim to be appointed as so during the period of this
Agreement.
v.The Lessor agrees that the Lessee may take / procure loans from third
parties including banks and financial institutions from time to time by
creating pledge / hypothecation over all the Equipments installed at the
Demised Premises. The Lessor undertakes not to create any hindrance /
obstruction in such process of pledge / hypothecation of the Equipments by
Lessee in favour of such banks and financial institutions, or in the exercise by
such banks etc. of their rights under the loan agreement/s.
vi.In order to avoid any adverse effect or interference with the performance of
the Equipments installed by the Lessee at the Demised Premises, and
further to ensure unobstructed operation, safety and security of any and/or
all of the Equipments installed by the Lessee, the Lessor shall intimate in
writing to the Lessee and obtain a no objection certificate from Lessee
before allowing any other entity or entities engaged in the business of
communication, radio, telephone, paging VSAT, telegraph etc. to install their
equipments in any part of the Building. The Lessor undertakes not to install,
cause, or allow to be installed at any other part of the Building any
communication facilities/ equipment, the placement or operation of which,
in the judgment of the Lessee, may interfere with the working of the
Lessee’s Equipments. The Lessor shall ensure that a minimum distance as
required by the Lessee is maintained between the Equipments of the Lessee
and any other structure / equipment installed / proposed by the Lessor
inside or outside the Building.
c.Access to Demised Premises –
i.On the execution of these presents, the Lessor has put the Lessee in actual
physical, peaceful, vacant and exclusive possession of the Demised
Premises. The Lessor hereby agrees and undertakes to ensure 24x7x365
days unconditional, unrestricted, unfettered and unhindered right of ingress
and egress of the Lessee and/ or its employees, authorised representatives,
security guards, technicians, vendors, contractors, service providers,
engineers, supervisors or any other person/s authorized by the Lessee to the
Demised Premises (including Sundays, national holidays and other holidays)
with a view to inspect the Equipments installed therein and to carry out
services and repairs thereof.
ii.The Lessee hereby agrees and undertakes to ensure that in case of
emergency repairs to be carried out between 7 PM to 7 AM, the Lessee shall
provide prior intimation to the Lessor for visiting the Demised Premises with
a view to carry out necessary repair work.
iii.In case the Lessor or any other person acting on his behalf or at his
instructions or claiming under him or otherwise causes any hindrance or
restriction or objects to the entry of the representatives, security guards,
technicians or any other person/s authorized by the Lessee at the Demised
Premises, the Lessee shall intimate the Lessor about the same. It is expressly
agreed by the Lessor that immediately upon such intimation, the Lessor shall
remove or cause to be removed all such obstructions, hindrance and
interference in the free ingress and egress of the Lessee or its authorised
representatives. In case of failure by the Lessor to immediately remove or
cause to be removed such hindrance, etc., the Lessor shall be liable to pay
losses on actual, if any, suffered by the Lessee on account of such hindrance,
obstructions, etc., and the Lessor indemnifies the Lessee in this regard.
d.Separate Electric Connection for Lessee –
i. The Lessee shall obtain a separate electric connection, at its own cost, (with
separate meter) in the name of the Lessee, for use at the Demised Premises.
The Lessor shall render all necessary assistance to the Lessee including the
issuance of a No Objection Certificate or such other documents as may be
required by the Lessee for the said purpose. The Lessee shall directly pay to
the authorities the charges for electricity consumed at the Demised
Premises as per actual meter reading.
ii.The Lessor shall allow the employees / workers of the concerned electricity
authorities or any other agency to carry out the work of installation of the
electric meter or any other equipment necessary for this purpose, within the
Building. The Lessee shall have the right to install / affix the electric meter at
a fixed place designated by the Lessor inside the Building and to lay and
electric cables and wires along the walls etc. of the Building for the purpose
of transmitting the power supply from meters to the Equipments of the
Lessee.
iii.In the event the Lessee deems it necessary to enhance the existing
operational electric power load, the Lessor shall, on receipt of a request
services and repairs thereof.
ii.The Lessee hereby agrees and undertakes to ensure that in case of
emergency repairs to be carried out between 7 PM to 7 AM, the Lessee shall
provide prior intimation to the Lessor for visiting the Demised Premises with
a view to carry out necessary repair work.
iii.In case the Lessor or any other person acting on his behalf or at his
instructions or claiming under him or otherwise causes any hindrance or
restriction or objects to the entry of the representatives, security guards,
technicians or any other person/s authorized by the Lessee at the Demised
Premises, the Lessee shall intimate the Lessor about the same. It is expressly
agreed by the Lessor that immediately upon such intimation, the Lessor shall
remove or cause to be removed all such obstructions, hindrance and
interference in the free ingress and egress of the Lessee or its authorised
representatives. In case of failure by the Lessor to immediately remove or
cause to be removed such hindrance, etc., the Lessor shall be liable to pay
losses on actual, if any, suffered by the Lessee on account of such hindrance,
obstructions, etc., and the Lessor indemnifies the Lessee in this regard.
d.Separate Electric Connection for Lessee –
i. The Lessee shall obtain a separate electric connection, at its own cost, (with
separate meter) in the name of the Lessee, for use at the Demised Premises.
The Lessor shall render all necessary assistance to the Lessee including the
issuance of a No Objection Certificate or such other documents as may be
required by the Lessee for the said purpose. The Lessee shall directly pay to
the authorities the charges for electricity consumed at the Demised
Premises as per actual meter reading.
ii.The Lessor shall allow the employees / workers of the concerned electricity
authorities or any other agency to carry out the work of installation of the
electric meter or any other equipment necessary for this purpose, within the
Building. The Lessee shall have the right to install / affix the electric meter at
a fixed place designated by the Lessor inside the Building and to lay and
electric cables and wires along the walls etc. of the Building for the purpose
of transmitting the power supply from meters to the Equipments of the
Lessee.
iii.In the event the Lessee deems it necessary to enhance the existing
operational electric power load, the Lessor shall, on receipt of a request
from the Lessee execute all such documents as may be required for applying
and obtaining such enhanced operational power load required for the
operations of the Lessee. Upon any termination/cessation of this Deed, the
Lessee shall be entitled to have the operational electric power load reduced
to the previous levels or surrendered, so that the Lessee can obtain refund
of any deposits made by it.
iv.The Lessor represents that there are no arrears payable to the electricity
supply companies and if the Lessee is denied separate electric power
connection on account of arrears due by Lessor, the Lessor undertakes to
clear such dues and facilitate the Lessee to have the power connection and
in the event, the Lessee is compelled to pay any amount due to the
electricity supply company for a cause not traceable or otherwise
accountable or attributable to the Lessor, then under such circumstances,
the Lessee shall be entitled to recover the same from the Lessor. In case the
Lessor fails to pay the said amount to the Lessee within 7 (Seven days) from
the date of notice sent by the Lessee in this regard, Lessor shall be liable to
pay interest at 18% per annum on the outstanding amount during the period
of delay.
e.General Safety, Security and Maintenance –
i.The Lessee hereby agrees and undertakes to keep the Demised Premises
clean and in good condition (except reasonable wear and tear and subject to
damages by fire, earthquake, flood, lightening, and violence or by any other
act of God beyond the control of the Lessee).
ii.The Lessor shall carry out all major and structural repairs and maintenance
of the Building during the subsistence of this Agreement so that the Lessee
does not face any difficulty in accessing the Demised Premises.
iii.The Lessee shall not be responsible or liable in any manner whatsoever for
any injury or damage which may be caused to any person, who enters into
the Demised Premises and tampers with the Equipments in an unauthorised
manner, without the knowledge and consent of the Lessee.
iv.In case the Lessor decides to construct additional floors in the Building,
which may disturb the functioning of Lessees Equipments / Poles etc.
installed on the rooftop, or if the Lessor decides to carry out major structural
repair and renovations in the Building or part thereof, including the Demised
Premises, the Lessor shall intimate to the Lessee three months in advance in
writing about such construction / repairs / renovation. The Lessor further
and obtaining such enhanced operational power load required for the
operations of the Lessee. Upon any termination/cessation of this Deed, the
Lessee shall be entitled to have the operational electric power load reduced
to the previous levels or surrendered, so that the Lessee can obtain refund
of any deposits made by it.
iv.The Lessor represents that there are no arrears payable to the electricity
supply companies and if the Lessee is denied separate electric power
connection on account of arrears due by Lessor, the Lessor undertakes to
clear such dues and facilitate the Lessee to have the power connection and
in the event, the Lessee is compelled to pay any amount due to the
electricity supply company for a cause not traceable or otherwise
accountable or attributable to the Lessor, then under such circumstances,
the Lessee shall be entitled to recover the same from the Lessor. In case the
Lessor fails to pay the said amount to the Lessee within 7 (Seven days) from
the date of notice sent by the Lessee in this regard, Lessor shall be liable to
pay interest at 18% per annum on the outstanding amount during the period
of delay.
e.General Safety, Security and Maintenance –
i.The Lessee hereby agrees and undertakes to keep the Demised Premises
clean and in good condition (except reasonable wear and tear and subject to
damages by fire, earthquake, flood, lightening, and violence or by any other
act of God beyond the control of the Lessee).
ii.The Lessor shall carry out all major and structural repairs and maintenance
of the Building during the subsistence of this Agreement so that the Lessee
does not face any difficulty in accessing the Demised Premises.
iii.The Lessee shall not be responsible or liable in any manner whatsoever for
any injury or damage which may be caused to any person, who enters into
the Demised Premises and tampers with the Equipments in an unauthorised
manner, without the knowledge and consent of the Lessee.
iv.In case the Lessor decides to construct additional floors in the Building,
which may disturb the functioning of Lessees Equipments / Poles etc.
installed on the rooftop, or if the Lessor decides to carry out major structural
repair and renovations in the Building or part thereof, including the Demised
Premises, the Lessor shall intimate to the Lessee three months in advance in
writing about such construction / repairs / renovation. The Lessor further
agrees to provide adequate alternate area inside the Building, which is
suitable for the purpose of the Lessee in all respect, for installation,
operation and maintenance of the Equipments, including electric meter etc.
of the Lessee, during the period of construction of such additional floors or
such repair or renovation. After such construction, repair or renovation
work is complete, the Lessor shall again provide to the Lessee an area similar
to the Demised Premises for installation, operation and maintenance of the
Equipments, including electric meter etc. of the Lessee, which must be as
per the requirements of the Lessee. The Lessor shall ensure that the
Equipments of the Lessee are not damaged during such construction, repair
or renovation work.
v.The Lessee shall ensure that the Equipments are installed at the Demised
Premises in such a manner so as to avoid any kind of inconvenience to the
other occupants of the Building.
vi.The rooftop space, if occupied by the Lessee, will be kept clean at the costs
of Lessee. The Lessor shall handover to the Lessee one set of keys for access
to the rooftop.
vii.The Lessor shall ensure that the common entrance, doorways, staircases,
lifts, lobbies, passages etc. within the compound wall of the Building leading
to the Demised Premises are kept sufficiently clean, lighted, safe and in
substantial repaired and good order and condition at the cost of the Lessor
for access of the Lessee.
viii.The Lessor shall address and resolve by personal appearance and
intervention in case the Lessee faces any social problem arising due to the
running of any of the Equipments of the Lessee at the Demised Premises.
Any objection raised by or any obstruction caused by any neighbour, local
people or any third party during and after the installation of the Equipments
of the Lessee or to the smooth running of the Equipments of the Lessee, will
be resolved by the Lessor. The Lessor shall show complete pro-activeness in
resolving local issues with neighbours etc.
f.Sharing of Equipments by Lessee –
i.It is specifically agreed by the Lessor that the Lessee shall, based on the sole
discretion of the Lessee, have unequivocal right to share its Equipments with
any other telecommunication, internet service provider or any other
company or third party interested in sharing, for which no separate consent
of the Lessor will be obtained. The Lessor shall have no objection if the
suitable for the purpose of the Lessee in all respect, for installation,
operation and maintenance of the Equipments, including electric meter etc.
of the Lessee, during the period of construction of such additional floors or
such repair or renovation. After such construction, repair or renovation
work is complete, the Lessor shall again provide to the Lessee an area similar
to the Demised Premises for installation, operation and maintenance of the
Equipments, including electric meter etc. of the Lessee, which must be as
per the requirements of the Lessee. The Lessor shall ensure that the
Equipments of the Lessee are not damaged during such construction, repair
or renovation work.
v.The Lessee shall ensure that the Equipments are installed at the Demised
Premises in such a manner so as to avoid any kind of inconvenience to the
other occupants of the Building.
vi.The rooftop space, if occupied by the Lessee, will be kept clean at the costs
of Lessee. The Lessor shall handover to the Lessee one set of keys for access
to the rooftop.
vii.The Lessor shall ensure that the common entrance, doorways, staircases,
lifts, lobbies, passages etc. within the compound wall of the Building leading
to the Demised Premises are kept sufficiently clean, lighted, safe and in
substantial repaired and good order and condition at the cost of the Lessor
for access of the Lessee.
viii.The Lessor shall address and resolve by personal appearance and
intervention in case the Lessee faces any social problem arising due to the
running of any of the Equipments of the Lessee at the Demised Premises.
Any objection raised by or any obstruction caused by any neighbour, local
people or any third party during and after the installation of the Equipments
of the Lessee or to the smooth running of the Equipments of the Lessee, will
be resolved by the Lessor. The Lessor shall show complete pro-activeness in
resolving local issues with neighbours etc.
f.Sharing of Equipments by Lessee –
i.It is specifically agreed by the Lessor that the Lessee shall, based on the sole
discretion of the Lessee, have unequivocal right to share its Equipments with
any other telecommunication, internet service provider or any other
company or third party interested in sharing, for which no separate consent
of the Lessor will be obtained. The Lessor shall have no objection if the
Lessee allows other companies to install their equipments along with the
Equipments installed by the Lessee at the Demised Premises on sharing
basis. Such sharing shall not be considered by the Lessor as unauthorized or
illegal use of the Demised Premises. The Lessee shall not be liable to pay any
additional compensation to the Lessor for sharing its Equipments with any
third party.
5.TERMINATION OF LEASE AND EFFECTS OF TERMINATION
a.The Lessor expressly agrees that premature termination of this Deed shall be against
the interests of the Lessee in view of the nature of business of the Lessee. Therefore,
the Lessor expressly agrees that this Deed shall not be terminated by Lessor or any
person or entity claiming under the Lessor at any time during the entire Lease
Tenure except in the manner mentioned in clause 5(b) herein below.
b. The Parties agree that in case the Lease Rent becomes due and outstanding by
Lessee for three consecutive months, then the Lessor shall be entitled to terminate
this Deed upon serving one month’s prior written notice to the Lessee. However, if
the Lessee clears the outstanding Lease Rent within the notice period of one month,
then the said termination notice shall stand cancelled and withdrawn.
c.The Lessee shall be entitled to terminate this Deed at any time during the Lease
Tenure without assigning any reasons there for, upon service of 3 (Three) months’
advance written notice on the Lessor. In case the Lessee spontaneously decides to
terminate this lease prematurely, the Lessor shall refund the entire amount of
Security Deposit upon simultaneous handover of the Demised Premises by the
Lessee to the Lessor.
d.In the event the installation or operation of the Equipments installed by the Lessee
at the Demised Premises is objected to, obstructed, disrupted or stopped by any
person, whether a resident member of the Building / society or not, and whether
claiming through or under the Lessor or not, for whatsoever reasons, and if such
objection, obstruction or disruption is not resolved by the Lessor within 3 (three)
days from the date of notice given in this regard by the Lessee to the Lessor, the
Lessee shall be entitled to forthwith terminate this Deed by serving 1 (One) month’s
advance written notice (hereinafter referred to as “Termination Notice”) on the
Lessor,
e.In case of expiry of this Deed or termination thereof by the Lessee under any of the
circumstances stated above, the Lessee shall remove itself and its Equipments
(except the civil foundation (permanent / semi-permanent RCC structure) from the
Equipments installed by the Lessee at the Demised Premises on sharing
basis. Such sharing shall not be considered by the Lessor as unauthorized or
illegal use of the Demised Premises. The Lessee shall not be liable to pay any
additional compensation to the Lessor for sharing its Equipments with any
third party.
5.TERMINATION OF LEASE AND EFFECTS OF TERMINATION
a.The Lessor expressly agrees that premature termination of this Deed shall be against
the interests of the Lessee in view of the nature of business of the Lessee. Therefore,
the Lessor expressly agrees that this Deed shall not be terminated by Lessor or any
person or entity claiming under the Lessor at any time during the entire Lease
Tenure except in the manner mentioned in clause 5(b) herein below.
b. The Parties agree that in case the Lease Rent becomes due and outstanding by
Lessee for three consecutive months, then the Lessor shall be entitled to terminate
this Deed upon serving one month’s prior written notice to the Lessee. However, if
the Lessee clears the outstanding Lease Rent within the notice period of one month,
then the said termination notice shall stand cancelled and withdrawn.
c.The Lessee shall be entitled to terminate this Deed at any time during the Lease
Tenure without assigning any reasons there for, upon service of 3 (Three) months’
advance written notice on the Lessor. In case the Lessee spontaneously decides to
terminate this lease prematurely, the Lessor shall refund the entire amount of
Security Deposit upon simultaneous handover of the Demised Premises by the
Lessee to the Lessor.
d.In the event the installation or operation of the Equipments installed by the Lessee
at the Demised Premises is objected to, obstructed, disrupted or stopped by any
person, whether a resident member of the Building / society or not, and whether
claiming through or under the Lessor or not, for whatsoever reasons, and if such
objection, obstruction or disruption is not resolved by the Lessor within 3 (three)
days from the date of notice given in this regard by the Lessee to the Lessor, the
Lessee shall be entitled to forthwith terminate this Deed by serving 1 (One) month’s
advance written notice (hereinafter referred to as “Termination Notice”) on the
Lessor,
e.In case of expiry of this Deed or termination thereof by the Lessee under any of the
circumstances stated above, the Lessee shall remove itself and its Equipments
(except the civil foundation (permanent / semi-permanent RCC structure) from the
Demised Premises within the expiry date of this Agreement, or within the period
mentioned in the Termination Notice, as the case may be and shall hand over
peaceful and vacant possession thereof to the Lessor, SUBJECT TO REFUND OF THE
ENTIRE SECURITY DEPOSIT BY THE LESSOR TAKING PLACE SIMULTANEOUSLY, as
stated above.
6.RESOLUTION OF DISPUTES
a.In the event of any existing or future dispute regarding the ownership of the Building
or the Demised Premises with the co-owner of the land (if any), or the developer or
any other person or entity, as the case may be, the Lessor shall ensure that the
occupation, use and enjoyment of the Demises Premises by the Lessee is not
disturbed in any manner whatsoever on account of such disputes, and the Lessor
undertakes to resolve such disputes without affecting access, occupation, use and
enjoyment of the Demises Premises by the Lessee under these presents.
b.In the event of any controversy, dispute or difference arising out of or in connection
with or in relation to any term of this Deed, both Parties shall endeavor to settle
such dispute or difference by negotiation inter se within 15 (Fifteen days) days, or
such extended time as may be mutually agreed, failing which, such dispute or
difference shall be referred to a sole arbitrator appointed by the Lessee. The place of
arbitration shall be at Chennai and the language of arbitration shall be English. The
arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 or
any statutory modification or re-enactment thereof. The award of the Arbitrator
shall be final and binding on the Parties.
7.GENERAL CLAUSES
a.Notices :
i.All notices required to be served by the Lessor upon the Lessee, and by the
Lessee upon the Lessor, under this Deed, shall be in writing, and shall be
deemed to be properly, sufficiently and effectually served if dispatched by
hand delivery, pre-paid registered post acknowledgement due or by any
other recognised means of recorded delivery, to the following addresses of
the Parties hereto: -
mentioned in the Termination Notice, as the case may be and shall hand over
peaceful and vacant possession thereof to the Lessor, SUBJECT TO REFUND OF THE
ENTIRE SECURITY DEPOSIT BY THE LESSOR TAKING PLACE SIMULTANEOUSLY, as
stated above.
6.RESOLUTION OF DISPUTES
a.In the event of any existing or future dispute regarding the ownership of the Building
or the Demised Premises with the co-owner of the land (if any), or the developer or
any other person or entity, as the case may be, the Lessor shall ensure that the
occupation, use and enjoyment of the Demises Premises by the Lessee is not
disturbed in any manner whatsoever on account of such disputes, and the Lessor
undertakes to resolve such disputes without affecting access, occupation, use and
enjoyment of the Demises Premises by the Lessee under these presents.
b.In the event of any controversy, dispute or difference arising out of or in connection
with or in relation to any term of this Deed, both Parties shall endeavor to settle
such dispute or difference by negotiation inter se within 15 (Fifteen days) days, or
such extended time as may be mutually agreed, failing which, such dispute or
difference shall be referred to a sole arbitrator appointed by the Lessee. The place of
arbitration shall be at Chennai and the language of arbitration shall be English. The
arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 or
any statutory modification or re-enactment thereof. The award of the Arbitrator
shall be final and binding on the Parties.
7.GENERAL CLAUSES
a.Notices :
i.All notices required to be served by the Lessor upon the Lessee, and by the
Lessee upon the Lessor, under this Deed, shall be in writing, and shall be
deemed to be properly, sufficiently and effectually served if dispatched by
hand delivery, pre-paid registered post acknowledgement due or by any
other recognised means of recorded delivery, to the following addresses of
the Parties hereto: -
The Lessor:
Mr. xxxxxxxxxxxxxx
No xx, xxxxxx Nagar
Trichy
The Lessee:
xxxxxxxxxxxxxx LIMITED
xx Towers, No. xx-yy,
zzzzzzzzzzzz Road,
Chennai
Attn: Legal Head
b.Force Majeure :
i.If the performance of duties and obligations by the Parties under this Deed
is prevented, delayed, restricted or interfered with by or due to any act of
God including but not limited to fire, flood, war, governmental directions or
orders by civil or military authority, terrorism, enactment or amendment of
any law or rules and regulations made effective whether by State or Central
Government or by any regulatory authority, which are beyond the
reasonable control of such Party and not of its own making and amounting
to force majeure, such Party, upon promptly giving written notice of such
force majeure event to the other Party, by any mode of recorded delivery,
shall be excused from such performance to the extent of such prevention,
delay, restriction or interference, provided that the non performing Party
shall use all reasonable effort to prevent, avoid, remedy, and or remove the
cause for such non-performance and shall continue performance hereunder
once force majeure ceases.
ii.Promptly after receipt of the above referred notice, the Parties shall consult
and decide how to respond to such force majeure event, based on the
degree to which the force majeure event shall influence the performance of
this Deed.
Mr. xxxxxxxxxxxxxx
No xx, xxxxxx Nagar
Trichy
The Lessee:
xxxxxxxxxxxxxx LIMITED
xx Towers, No. xx-yy,
zzzzzzzzzzzz Road,
Chennai
Attn: Legal Head
b.Force Majeure :
i.If the performance of duties and obligations by the Parties under this Deed
is prevented, delayed, restricted or interfered with by or due to any act of
God including but not limited to fire, flood, war, governmental directions or
orders by civil or military authority, terrorism, enactment or amendment of
any law or rules and regulations made effective whether by State or Central
Government or by any regulatory authority, which are beyond the
reasonable control of such Party and not of its own making and amounting
to force majeure, such Party, upon promptly giving written notice of such
force majeure event to the other Party, by any mode of recorded delivery,
shall be excused from such performance to the extent of such prevention,
delay, restriction or interference, provided that the non performing Party
shall use all reasonable effort to prevent, avoid, remedy, and or remove the
cause for such non-performance and shall continue performance hereunder
once force majeure ceases.
ii.Promptly after receipt of the above referred notice, the Parties shall consult
and decide how to respond to such force majeure event, based on the
degree to which the force majeure event shall influence the performance of
this Deed.
c.Interpretation :
i.Recitals shall form part of this Deed.
ii.In this Deed, unless the context otherwise requires, any references to words
importing singular shall include the plural and vice versa, words importing a
gender include every gender and references to persons include bodies
corporate and unincorporated.
d.Assignment:
i.In the event the Lessor transfers or conveys the Building including the
Demised Premises to a third party, the Lessor shall intimate the Lessee
about the said proposed transfer in writing 3 (Three) months before such
transfer. The Lessor shall ensure, in writing duly signed and consented by
the transferee, that such transfer / conveyance shall be subject to this Deed,
and the transferee shall recognize and accept the rights of the Lessee herein
and upon the transfer / conveyance being complete, the transferee shall
step into the shoes of the Lessor herein, and all the rights and liabilities of
the Lessor shall automatically devolve on the transferee.
ii.The Lessee shall be entitled to assign the usage of the Demised Premises or
any part thereof or the benefits of this Deed in favour of any of its associate
companies, group companies or affiliates or any other person/s or
entity/ies.
iii.In the event the Lessee merges / amalgamates / consolidates or transfers its
assets with / to any entity on account of any merger / amalgamation /
reconstruction / consolidation, then such new entity shall recognize and
accept the right(s) of the Lessor herein and upon the transfer/conveyance
having been completed, all the rights and liabilities of the Lessee shall
automatically devolve on the transferee. The Lessor shall have no objection
to the transfer of the leasehold rights of the Lessee on account of such
merger, amalgamation, reconstruction or consolidation by the Lessee, and
the terms of this Agreement shall continue for the remaining Lease Tenure.
e.Sale to the Third Party and Right of First Refusal:
i.Lessor shall, at any time during the validity of this Deed, first offer to assign,
mortgage, or sell the Leased Premises to Lessee, on terms (including
commercial terms) no less favourable than those on which Lessor has
received a bona fide and arms-length concrete and final offer from a third
party for such assignment, mortgage or sale. Lessee shall have the first right
(but not obligation) to accept Lessor’s offer. However, Lessee will have to
i.Recitals shall form part of this Deed.
ii.In this Deed, unless the context otherwise requires, any references to words
importing singular shall include the plural and vice versa, words importing a
gender include every gender and references to persons include bodies
corporate and unincorporated.
d.Assignment:
i.In the event the Lessor transfers or conveys the Building including the
Demised Premises to a third party, the Lessor shall intimate the Lessee
about the said proposed transfer in writing 3 (Three) months before such
transfer. The Lessor shall ensure, in writing duly signed and consented by
the transferee, that such transfer / conveyance shall be subject to this Deed,
and the transferee shall recognize and accept the rights of the Lessee herein
and upon the transfer / conveyance being complete, the transferee shall
step into the shoes of the Lessor herein, and all the rights and liabilities of
the Lessor shall automatically devolve on the transferee.
ii.The Lessee shall be entitled to assign the usage of the Demised Premises or
any part thereof or the benefits of this Deed in favour of any of its associate
companies, group companies or affiliates or any other person/s or
entity/ies.
iii.In the event the Lessee merges / amalgamates / consolidates or transfers its
assets with / to any entity on account of any merger / amalgamation /
reconstruction / consolidation, then such new entity shall recognize and
accept the right(s) of the Lessor herein and upon the transfer/conveyance
having been completed, all the rights and liabilities of the Lessee shall
automatically devolve on the transferee. The Lessor shall have no objection
to the transfer of the leasehold rights of the Lessee on account of such
merger, amalgamation, reconstruction or consolidation by the Lessee, and
the terms of this Agreement shall continue for the remaining Lease Tenure.
e.Sale to the Third Party and Right of First Refusal:
i.Lessor shall, at any time during the validity of this Deed, first offer to assign,
mortgage, or sell the Leased Premises to Lessee, on terms (including
commercial terms) no less favourable than those on which Lessor has
received a bona fide and arms-length concrete and final offer from a third
party for such assignment, mortgage or sale. Lessee shall have the first right
(but not obligation) to accept Lessor’s offer. However, Lessee will have to
exercise such right within 30 days of making such an offer by Lessor. If the
Lessee does not exercise such rights within 30 days as above, the Lessor
shall be free to sell, assign, and transfer the said Demised Premises to any
person of its choice, subject to the rights of the lessee under this Deed. The
Lessor shall ensure that such third party adheres to the terms of this Deed in
the capacity of a Lessor.
f.Indemnity:
i.The Parties hereby indemnify each other and agree to keep each other
indemnified
1.Against each and all loss or damages, actions, proceedings etc. as
either of the Parties may face or incur directly or indirectly due to
any act or omission of the other Party regarding compliance of
municipal or other rules and regulations for the time being in force
and applicable to the Lessor and / or the Lessee and / or the
Demised Premises;
2.Against all losses or damages, which either of the Parties may face
or incur directly or indirectly due to any violation of any provision of
this Deed by the other Party;
3.Any arrear of tax, charges or other dues payable to the Municipal
Authorities and consequent actions initiated by such authorities
against either of the Parties shall have no bearing on the other Party
and either of the Parties in such a case shall indemnify the other
Party’s interests.
ii.If due to any breach by the Lessor of any of the terms contained herein, the
Lessee is prevented from smoothly and effectively carrying out its business
and operations, Lessor shall indemnify the Lessee and the Lessor shall be
responsible and liable to pay such damages to the Lessee as the Lessee
determines reasonable.
iii.The Lessor agrees to indemnify and keep indemnified the Lessee and its
officers, agents and directors etc. fully against any loss or damage suffered
by the Lessee on account of any defect in title of the Lessor with respect to
the Demised Premises. The Lessor shall further indemnify the Lessee against
all actions, claims, losses and damages that may be incurred or suffered by
the Lessee on account of the Lessor or his assignee or his successors or his
agent/representative or any other person/organization claiming under the
Lessor including all costs, charges and expenses that may be incurred or
suffered by the Lessee due to any dispute, claim or action regarding or
originating out of the title or ownership of the Demised Premises, initiated
Lessee does not exercise such rights within 30 days as above, the Lessor
shall be free to sell, assign, and transfer the said Demised Premises to any
person of its choice, subject to the rights of the lessee under this Deed. The
Lessor shall ensure that such third party adheres to the terms of this Deed in
the capacity of a Lessor.
f.Indemnity:
i.The Parties hereby indemnify each other and agree to keep each other
indemnified
1.Against each and all loss or damages, actions, proceedings etc. as
either of the Parties may face or incur directly or indirectly due to
any act or omission of the other Party regarding compliance of
municipal or other rules and regulations for the time being in force
and applicable to the Lessor and / or the Lessee and / or the
Demised Premises;
2.Against all losses or damages, which either of the Parties may face
or incur directly or indirectly due to any violation of any provision of
this Deed by the other Party;
3.Any arrear of tax, charges or other dues payable to the Municipal
Authorities and consequent actions initiated by such authorities
against either of the Parties shall have no bearing on the other Party
and either of the Parties in such a case shall indemnify the other
Party’s interests.
ii.If due to any breach by the Lessor of any of the terms contained herein, the
Lessee is prevented from smoothly and effectively carrying out its business
and operations, Lessor shall indemnify the Lessee and the Lessor shall be
responsible and liable to pay such damages to the Lessee as the Lessee
determines reasonable.
iii.The Lessor agrees to indemnify and keep indemnified the Lessee and its
officers, agents and directors etc. fully against any loss or damage suffered
by the Lessee on account of any defect in title of the Lessor with respect to
the Demised Premises. The Lessor shall further indemnify the Lessee against
all actions, claims, losses and damages that may be incurred or suffered by
the Lessee on account of the Lessor or his assignee or his successors or his
agent/representative or any other person/organization claiming under the
Lessor including all costs, charges and expenses that may be incurred or
suffered by the Lessee due to any dispute, claim or action regarding or
originating out of the title or ownership of the Demised Premises, initiated
by any individual or organization or other statutory body or competent
authority including but not limited to the local Municipal Corporation.
iv.The Lessor covenants that, the Lessor is the absolute owner of the Schedule
Property and except the Lessor, no one has any right, title and right over the
Schedule Property. Further the Lessor admits that all the ownership
documents/ requisite Legal heirship certificate related to the Schedule
Property could not be furnished by the Lessor to the satisfaction of the
Lessee. Therefore, the Lessor hereby agrees and undertakes to indemnify
and keep indemnified and hold harmless the Lessee, from or against any
action by any statutory authorities including but not limited to the local
Panchayat or Municipal Corporation or any individuals claiming title in part
or in full of the Schedule Property or claiming any interest or charges, lien or
encumbrances over the Schedule Property whereby the possession/right of
the Lessee shall get affected adversely or whereby they would be required
to vacate the premises, thereby suffering any business loss. That the Lessor
hereby takes absolute responsibility to protect the possession of the Lessee
in the Schedule Property from any of the aforesaid actions or otherwise shall
bear all the costs, penalties, damages and consequences, if any, incurred by
the Lessee due to any title related issues with regard to the subject
Property.
v.The Lessor agree to indemnify and keep indemnified the Lessee and its
officers, agents and directors etc. fully against any loss or damage suffered
by the Lessee on account of any proceeding or action lodged by any
statutory body or competent authority including but not limited to the local
Panchayat or Municipal Corporation due to any unauthorized construction
or deviation from approved construction plan of the Building on the part of
the Lessor, and the Lessor hereby undertake to compensate or reimburse to
Lessee all costs, charges and expenses (including relocation expenses) that
may be incurred or suffered by the Lessee due to any order passed by the
local municipal or other competent authorities.
vi.That the Lessor admits that all the ownership documents of the Lessor could
not be furnished by the Lessor to the satisfaction of The Lessee, and
therefore, the Lessor hereby agrees and undertakes to indemnify and keep
indemnified and hold harmless The Lessee, from or against any action by
any statutory authorities including but not limited to the local Panchayat or
Municipal Corporation or individuals claiming title in part or in full for the
aforesaid property or claiming any interest in or charges, lien or
encumbrances on the Subject Property whereby the position of The Lessee
shall get affected adversely or whereby they would be required to vacate
the premises, thereby suffering any business loss. That the Lessor hereby
takes absolute responsibility to protect the presence of The Lessee in the
Subject Property from any of the aforesaid actions or otherwise and shall
authority including but not limited to the local Municipal Corporation.
iv.The Lessor covenants that, the Lessor is the absolute owner of the Schedule
Property and except the Lessor, no one has any right, title and right over the
Schedule Property. Further the Lessor admits that all the ownership
documents/ requisite Legal heirship certificate related to the Schedule
Property could not be furnished by the Lessor to the satisfaction of the
Lessee. Therefore, the Lessor hereby agrees and undertakes to indemnify
and keep indemnified and hold harmless the Lessee, from or against any
action by any statutory authorities including but not limited to the local
Panchayat or Municipal Corporation or any individuals claiming title in part
or in full of the Schedule Property or claiming any interest or charges, lien or
encumbrances over the Schedule Property whereby the possession/right of
the Lessee shall get affected adversely or whereby they would be required
to vacate the premises, thereby suffering any business loss. That the Lessor
hereby takes absolute responsibility to protect the possession of the Lessee
in the Schedule Property from any of the aforesaid actions or otherwise shall
bear all the costs, penalties, damages and consequences, if any, incurred by
the Lessee due to any title related issues with regard to the subject
Property.
v.The Lessor agree to indemnify and keep indemnified the Lessee and its
officers, agents and directors etc. fully against any loss or damage suffered
by the Lessee on account of any proceeding or action lodged by any
statutory body or competent authority including but not limited to the local
Panchayat or Municipal Corporation due to any unauthorized construction
or deviation from approved construction plan of the Building on the part of
the Lessor, and the Lessor hereby undertake to compensate or reimburse to
Lessee all costs, charges and expenses (including relocation expenses) that
may be incurred or suffered by the Lessee due to any order passed by the
local municipal or other competent authorities.
vi.That the Lessor admits that all the ownership documents of the Lessor could
not be furnished by the Lessor to the satisfaction of The Lessee, and
therefore, the Lessor hereby agrees and undertakes to indemnify and keep
indemnified and hold harmless The Lessee, from or against any action by
any statutory authorities including but not limited to the local Panchayat or
Municipal Corporation or individuals claiming title in part or in full for the
aforesaid property or claiming any interest in or charges, lien or
encumbrances on the Subject Property whereby the position of The Lessee
shall get affected adversely or whereby they would be required to vacate
the premises, thereby suffering any business loss. That the Lessor hereby
takes absolute responsibility to protect the presence of The Lessee in the
Subject Property from any of the aforesaid actions or otherwise and shall
bear all costs, penalties and consequences, if any, incurred by the Lessee
due to any title related issued with regard to the subject property.
g.Governing Law and Jurisdiction:
It is agreed by the Parties herein that this Deed shall be governed by the laws of
India and the courts of Chennai shall have exclusive jurisdiction regarding any issue
arising out of the arbitration process above and with respect to enforcement of
awards, all in accordance with the Arbitration and Conciliation Act, 1996.
h.Stamp Duty and Registration Fees:
The stamp duty and registration fees/charges payable in respect of execution and
registration of this Deed and all documents and writings related/incidental to the
same, shall be paid by the Lessee alone.
i.Entire Agreement:
This Deed and the contents hereof supersede each and all agreements,
arrangements, understandings, letters, correspondences representations etc.
between the Parties hereto with respect to the subject matter herein.
j.Waiver:
Failure to enforce compliance with any term or condition of this Deed shall not
constitute a waiver of such term or condition of this Deed or the right to
subsequently enforce such term or condition in the future. No waiver, by either
Party, of any provision of this Deed shall, in any event, become effective unless the
same shall be in writing and such waiver shall be effective only in the specific
instance described and for the purpose that the waiver is given.
k.Severability :
If any part or any provision of this Deed is or becomes illegal, invalid or
unenforceable, that part or provision shall be ineffective to the extent of such
invalidity or unenforceability only, without in any way affecting the validity or
enforceability of the remaining parts of said provision or the remaining provisions of
this Deed. The Parties hereby agree to attempt to substitute for any invalid or
unenforceable provision with a valid or enforceable provision, which achieves to the
greatest extent possible the economic, legal and commercial objectives of the
invalid or unenforceable provision.
due to any title related issued with regard to the subject property.
g.Governing Law and Jurisdiction:
It is agreed by the Parties herein that this Deed shall be governed by the laws of
India and the courts of Chennai shall have exclusive jurisdiction regarding any issue
arising out of the arbitration process above and with respect to enforcement of
awards, all in accordance with the Arbitration and Conciliation Act, 1996.
h.Stamp Duty and Registration Fees:
The stamp duty and registration fees/charges payable in respect of execution and
registration of this Deed and all documents and writings related/incidental to the
same, shall be paid by the Lessee alone.
i.Entire Agreement:
This Deed and the contents hereof supersede each and all agreements,
arrangements, understandings, letters, correspondences representations etc.
between the Parties hereto with respect to the subject matter herein.
j.Waiver:
Failure to enforce compliance with any term or condition of this Deed shall not
constitute a waiver of such term or condition of this Deed or the right to
subsequently enforce such term or condition in the future. No waiver, by either
Party, of any provision of this Deed shall, in any event, become effective unless the
same shall be in writing and such waiver shall be effective only in the specific
instance described and for the purpose that the waiver is given.
k.Severability :
If any part or any provision of this Deed is or becomes illegal, invalid or
unenforceable, that part or provision shall be ineffective to the extent of such
invalidity or unenforceability only, without in any way affecting the validity or
enforceability of the remaining parts of said provision or the remaining provisions of
this Deed. The Parties hereby agree to attempt to substitute for any invalid or
unenforceable provision with a valid or enforceable provision, which achieves to the
greatest extent possible the economic, legal and commercial objectives of the
invalid or unenforceable provision.
SCHEDULE
(Description of Demised Premises)
ALL THAT piece and parcel of rooftop space admeasuring about 450 square feet, in the terrace and
open space about 100 square feet in the ground comprised in Trichy District, Trichy
Registration District, Trichy Joint Sub District, Trichy Taluk, xxxxxxx
Village, Nanja S.No.xx/y an extent of xx cents out of it on the southern side
an extent of yy cents divided into plots in it an extent of zzzz sq.feet bounded
by:-
North :- xx feet Road
East :- Land of xxxxxxx xxxxxx
South:- xxxxx Street,
West :- Land of xxxxxxx xxxxxx
Within the above boundaries an extent of East West on North and South
ww feet, North South on East xx feet, on West yy feet alternately zzzz sq.feet
in the Registration District of Trichy and Sub-Registration district of Trichy,
And shown bounded by red coloured boundary line on the plan annexed hereto.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THEIR RESPECTIVE HANDS AND
SEALS ON THE DAY MONTH AND YEAR FIRSTABOVEWRITTEN.
Signed & Delivered by the within named LESSOR,
through Mr.
- -------------------------------
(Mr.xxxxxxxxx )
(Description of Demised Premises)
ALL THAT piece and parcel of rooftop space admeasuring about 450 square feet, in the terrace and
open space about 100 square feet in the ground comprised in Trichy District, Trichy
Registration District, Trichy Joint Sub District, Trichy Taluk, xxxxxxx
Village, Nanja S.No.xx/y an extent of xx cents out of it on the southern side
an extent of yy cents divided into plots in it an extent of zzzz sq.feet bounded
by:-
North :- xx feet Road
East :- Land of xxxxxxx xxxxxx
South:- xxxxx Street,
West :- Land of xxxxxxx xxxxxx
Within the above boundaries an extent of East West on North and South
ww feet, North South on East xx feet, on West yy feet alternately zzzz sq.feet
in the Registration District of Trichy and Sub-Registration district of Trichy,
And shown bounded by red coloured boundary line on the plan annexed hereto.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THEIR RESPECTIVE HANDS AND
SEALS ON THE DAY MONTH AND YEAR FIRSTABOVEWRITTEN.
Signed & Delivered by the within named LESSOR,
through Mr.
- -------------------------------
(Mr.xxxxxxxxx )
Signed & Delivered by the within named LESSEE
XXXXXXXXXXXXXXXX LIMITED through its duly
authorised signatory Mr._____
_______________________
WITNESS:
1. Name: _________________
Address: ____________________________
_____________________________________
_____________________
(Signature of the witness)
WITNESS:
1.Name:___________________________
Address: ____________________________
_____________________________________
_____________________
(Signature of the witness)
RECEIPT
XXXXXXXXXXXXXXXX LIMITED through its duly
authorised signatory Mr._____
_______________________
WITNESS:
1. Name: _________________
Address: ____________________________
_____________________________________
_____________________
(Signature of the witness)
WITNESS:
1.Name:___________________________
Address: ____________________________
_____________________________________
_____________________
(Signature of the witness)
RECEIPT
RECEIVED on the day and year first hereinabove written from the above named Lessee the sum of
Rs.21,000/- (Twenty one Thousand only) vide Demand Draft No. ________ dated _________ drawn
on HDFC Bank being the security deposit to be paid by the Lessee to me.
I say received.
Mr.
Witness :
Rs.21,000/- (Twenty one Thousand only) vide Demand Draft No. ________ dated _________ drawn
on HDFC Bank being the security deposit to be paid by the Lessee to me.
I say received.
Mr.
Witness :
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