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Leave And Licence Agreement

 

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                                                  LEAVE AND LICENSE AGREEMENT

 

THIS AGREEMENT OF LEAVE AND LICENCE MADE AND ENTERED INTO THIS_____DAY OF ______, 20__,  

 

       BY AND BETWEEN:

 

I/We, Mr. ___________________, s/o Mr. __________________having current address at: ______________________ GURGAON, HARYANA-122002,(hereinafter referred to as “the Licensor”), which term shall, unless repugnant to the subject or context thereof be deemed to include his/her/thier heirs, executors, administrators, successors and assigns) of the One Part; 

 

AND

 

Mr. _____________________, S/O  MR. ___________________,  Permanent Address: _____________________.,  Local Address :______________Gurgaon-122001, Haryana,  Identified by PASSPORT NO. ____________, Pan Card No. ___________________, employed at _______________,  Vatika Business Park, _______Floor, Sector-___,  ____________, Gurgaon, Haryana-1220__, who is currently working as a ____________, shared service,(hereinafter referred to “the Licensee”, which term shall, unless repugnant to the subject or context thereof  be deemed to mean and include only the “Licensee” above named) of  the Other Part.

 

 

 

W I T N E S S E T H

 

WHEREAS the Licensor  herein are  theowner(s)/ allotee(s)and arelawfully seized and possessed of and otherwise well and sufficiently entitled to the ownership of the residential premises/ apartment  being addressed / Numbered ________,in ________________________, Sector-_____, Gurgaon, Haryana.

 

 

AND WHEREAS THE LICENSEE herein is in need of temporary premisesand the Licenseehas approached the licensor to give the said Apartment No: _____,in ________,on leave and license basis comprising of Two  Bedrooms, Living / Dining Room, Kitchen, Passage and  Servant  Quarter, together with a Garage / Parking space being garage / Covered Parking space no. _____ located in the said Residential complex, (which flat and garage/parking spaces are hereinafter, for the sake of brevity and convenience referred to as the "Licensed Premises"); in the schedule described hereunder and

 

 

WHEREAS the Licensor further represents and warrants that he is the sole and exclusive owner of the Licensed Premises and is legally able, authorised, competent and willing to grant to the Licensee the Licensed Premises on a leave license basis on the terms and conditions contained herein; and

 

WHEREAS the Licensor further represents and warrants that the Licensed Premises are free and clear from all liens, charges, claims ;and encumbrances and that no other than the Licensor has any right, title or interest in or to the same; and.

 

WHEREAS the Licensee has disclosed to the Licensor that this flat No. _________, shall be for the personal use of  Mr. ____________ and his immediate Family.

 

WHEREAS the Licensor is willing to grant and the Licensee is willing to accept the Licensed Premises on a leave and license basis and the Licensee is granted a personal, non-transferable and non-assignable license to use the Premises on the terms and conditions contained herein;

                                                         AND

 

NOW, THEREFORE, IN CONSIDERATION OF THE TERMS, CONDITIONS AND COVENANTS HEREINAFTER CONTAINED THE PARTIES HERETO HEREBY AGREE AS FOLLOWS;

 

1.       Subject to the terms and conditions hereunder contained and subject to the provisions of paragraphs hereunder, the Licensor hereby grants to Licensee and the Licensee hereby accepts from the Licensor leave and license for the use and occupation of the Licensed Premises by its immediate family members, temporary guests and no other person.   

 

 

2.       This agreement shall commence on the 1st day of _______20__ and shall remain valid for _______ Months (hereinafter referred to as the term) unless terminated as provided herein. The term may further be renewed on the terms and conditions as mutually agreed upon at the time of renewal & provided herein.

 

 

3.       On expiry of the aforesaid Licensed Period as defined in para 2 herein before, this Agreement shall, with the mutual consent of the Licensee and the Licensor, may be renewed for a further period with the escalation / enhancement of license fee for the

renewed term from the date of commencement of the renewed license, if the terms and conditions are mutually agreed upon between both the Licensor  and the Licensee. If any of the parties is not comfortable with the terms and Conditions offered by the other party, the license will not be renewed.

 

 

4.       The Licensee shall address a written communication in that behalf to the Licensor not less than thirty (30) days before the expiration of this Agreement.

 

 

5.       The Licensed Premises shall be for the exclusive residential use and occupation of the Licensee only and one set of keys shall at all times be retained by the Licensee and the other set shall be retained by the Licensor during the subsistence of this Agreement who shall not, however, during the currency of this Agreement, change the locks thereto.  The Licensee shall permit the Licensor or their servants, agents, engineers or workmen and all other persons authorised by him / them to enter upon the Licensed Premises at all reasonable times after previous reasonable notice for viewing and inspecting the condition of the Licensed Premises.

 

 

6.       Nothing herein contained shall be construed as creating any right, easement, interest, tenancy or sub-tenancy in favour of the Licensee in or over or upon the Licensed Premises or any part there of or transferring any interest therein in favour of the Licensee other than the permissive use hereby granted, it being the express intention of the parties hereto that this Agreement shall be a mere license till the Licensee does not default to the regular / punctual payments of the monthly compensation and other terms and conditions mentioned herein.

 

7.       During the subsistence of this Agreement, the Licensee shall be entitled to carry out any repairs or painting, not amounting to structural alterations, required in the course of the normal use of the Licensed Premises for residence purposes as well as brings her own furniture and equipment.  Any and all fixtures such as Air Conditioners placed in or upon or attached to the Licensed Premises by the Licensee shall be removed by the Licensee on the termination/expiration of this Agreement without causing any structural damage/ alteration to the Licensed Premises, and restore the windows at the time of vacating the apartment. The Licensee is permitted to install air-conditioners, bring and use his own furniture as and when desired and decorate the Licensed Premises for use as an residence in keeping with the Licensee's position, with permission from the Licensor.

 

 

8.       It is the intent of the parties that the Licensee shall, during the term of this Agreement, be entitled to the use and enjoyment of the Licensed Premises in substantially the same condition in which they exist today. To this end, it is hereby agreed and clarified that the Licensor shall, at his/her own cost and responsibility, take necessary steps to ensure speedy repairs of any structural and major damages which are not caused / damaged by the licensee to the Licensed Premises. All day to day and minor repairs to the Licensed Premises, if required, shall be carried out by the Licensee at his / her own cost.

 

 

9.     The Licensee further agrees to keep the roof, walls, floors, drains and the interior structure of the Licensed Premises in good condition. In addition, the Licensee agrees to keep in repair and proper working order the installations in the premises for the supply of water, electricity fittings, such as lights, Crompton fans, Brand New Kent water Filter (RO), Glen Chimney, Glen Cooking HOB, and sanitation all baths, fittings,  taps, Looking Mirrors, sinks, lavatories, cisterns, drains, water and other pipes and gutters servicing the interior of the said flat.These fixtures (such as furniture and electrical appliances) in the premises as per the details as mentioned in Annexure-1 to the agreement, The Licenseeshould ensure in the agreement that these remain in working condition and undamaged throughout his possession of the property apart from daily wear and tear.

 

 

10.     It is further clarified and agreed that if any such repairs as referred to in the preceding paragraphs are as between the Licensor and the said  Maintenance agency  for which the Payments are being made to ___________________________ (Society- Maintenance Agency, being Maintained by __________________), the responsibility of the said Society or such other body, this shall not in any way affect the liability of the Licensor and the Licensee shall co-operate with the Licensor in every way that may be reasonably required to get the Society or such other body to fulfill its obligations to the Licensor. The Licensee shall obey the rules and regulations of the Maintenance Agency.

 

 

11.       In consideration of the license granted hereunder the Licensee shall pay to the Licensor compensation at the rate of  Rs. ______/- (Rupees ____________Only), (including maintenance charges of Rs._____/-(+)Rs._______/- as rent) per month for the use of the Licensed Premises along with the fittings and fixtures therein. The said compensation shall be paid in advance on or before the 1ST of every month, for which the Licensee had already issued advance Cheque(s) for _________ Months, starting from __/__/2015.

 

 

11. (a) That the Licensor has requested the Licensee that the Security deposit and 1st monthly compensation, should be solely deposited / Transferred by way of RTGS/NEFT in the bank  account of  ____________  bythe  Licensee as  per  the  details given under by electronic bank transfer :

           

           Name of Account Holder :   ____________________   

Bank Address : ______  BANK,  PLOT NO. _____________NEW DELHI-1100____.   

 

           Account Number :   ______________        

           Bank  NEFT/IFSC  Code :  _____.  Brn _____, Pdt      , SB A/C

 

           In Case the Monthly Compensation is transferred through RTGS/NEFT/NEFT, in the account mentioned above, the cheque issued by the Licensee in favour of the ___________ for that particular month where RTGS/NEFT has been done shall become void.    PAN NO. _____________

 

 

12.     In addition to the aforesaid compensation, the Licensee shall pay all charges for Telephone, Intercom, Internet, cable TV, electricity used in the Licensed Premises as per the bills received (or on advance recharge basis, as the condition may be) from the concerned authorities and keep the Licensor indemnified against such payments.

 

 

13.     The Licensor shall pay all outgoings and Municipal and other assessments, rates, taxes, Society Maintenance charges, stamping and registration charges as applicable and increases in said rates, taxes or charges or fresh levies, if any, in respect of the Licensed Premises during the subsistence of this Agreement

 

 

14.     At the time of the execution of this Agreement, the Licensee has made to the Licensor a Interest free payment as Security Deposit of Rs. _________/- (Rupees __________________), AND Rs._______/- advance rent for ________ 20___, totaling to Rs. __________/-by way of BANK TRANSFER, on dated : 24/06/2015, from    A/c   No.  ___________  the receipt whereof is hereby acknowledged by the Licensor which shall be held by the Licensor as a security deposit. The deposit shall be returned interest free to the Licensee by a cheque payable on a Bank on the day the Licensee hands over the actual, vacant possession of the licensed premises at the time of expiration or early termination of this Agreement.

 

15.         Subject to paragraph 3 above, this Agreement shall expire by efflux of time on the completion of the period specified in paragraph 2 hereof.  No notice shall be required to be given by either party in the event of expiration of this Agreement, by efflux of time. However there shall be aLock in period of 6 Months for the Licensee.

 

16.         In the event Licensee if the Licensor does not desire to continue this Agreement for any reason whatsoever during the term, if any, it shall be entitled to terminate this Agreement by giving the Licensee at least one (1) months’ notice in writing or the Payment equivalent to One month of Compensation. The licensee too will give One (1) month’s notice to licensor in writing, after the expiry of the Lock In period of 6 Months. On expiry of the notice period, the Licensor shall refund to the Licensee the security deposit paid by the Licensee hereunder after adjusting any unpaid rent, electricity bill, and or repair cost for any damages to the premises.

 

18.     Upon the termination or expiration of this Agreement, the Licensee agrees and undertakes to remove themselves, their servants and agents and all their articles and effects from the Licensed Premises and hand over to the Licensor vacant and peaceful possession thereof in the same condition as the Licensee received it, reasonable wear and tear being expected.

 

19     The license hereby granted to the Licensee is personal to them and is under   no circumstances transferable to any third party in any manner.

 

20. Notwithstanding anything in this Agreement to the contrary, in no event during the term of this Agreement or following its termination shall either party or their respective heirs and successors, be liable to the other party under any theory of tort, contract, strict liability or other legal theory for lost profits, lost revenues, lost business opportunities, exemplary, punitive, special, incidental, indirect or consequential damages, each of which is hereby excluded by agreement of the parties, regardless of whether such damages where foreseeable or whether any party or any entity has been advised of the possibility of such damages.

 

 

21.     This Agreement shall not be amended except by an instrument in writing signed by the parties hereto.

 

 

22.    This Agreement shall remain in force till the provisions mentioned herein are fully complied with. Any breach of terms under this agreement shall terminate this agreement

 

(a)  Notwithstanding anything contained in this Act, a LICENSEE in possession or occupation of PREMISES give to him on LICENCE FOR RESIDENCE, shall deliver possession of such PREMISES to the Licensor on expiry of the period of LICENCE. "AND on the failure of the LICENSEE to so deliver the possession of the LICENCED PREMISES, a Licensor  shall be entitled to recover possession of such PREMISES from a Licensee, by making an application to the COMPETENT AUTHORITY.

 

"AND THE COMPETENT AUTHORITY, on being satisfied that the period of LICENCE has expired, shall pass as order for eviction of the LICENSEE.

 

"Any LICENSEE who does not deliver possession of the PREMISES to the Licensor on expiry of the period of LICENCE, and continues to be in possession of the LICENCED PREMISES, till he is dispossessed by the COMPETENT AUTHORITY, shall be liable to pay damages as the Charge of the PREMISES fixed under the AGREEMENT OF LICENCE, and or alternatively the Licensor shall be entitled to remove the Licensee and his belongings from the Licensed premises, without recourse to the Court of Law.

 

"THE COMPETENT AUTHORITY shall not entertain any claim of whatever nature from any other person who is not a LICENSEE according to the AGREEMENT OF LICENSEE.

 

 

23.         That under the provision of the aforesaid clause No. (11) of the said agreement the said Licensee agrees to pay the additional charge of Rs.5,000/- (Rupees Five Thousand Only) per Day, apart from the Monthly License Fee as described under this agreement, if he fails to vacate the PREMISES on or before the _______ day of ________ 20___, the period expiring this agreement, and shall he also liable for prosecution at the cost and consequences of the said LICENSEE."

 

 

24.         That at all times, the OWNERSHIP and LEGAL POSSESSION AND OCCUPATION of the PORTION and the PREMISES shall be that of the LICENSOR, only and the LICENSEE shall use and occupy the PORTION as LICENSEE only, and shall not claim any interest of any nature whatsoever in the said PORTION or the PREMISES, and that nothing in THIS AGREEMENT shall be construed to be a demise at law in respect of  the /any  PORTION or the PREMISES or to confer the LICENSEE any right of  Tenancy / Sub-Tenancy / Lease / Sub-Lease, etc., in respect of the PORTION or the PREMISES.

 

 

25.          There Shall be a Lock-in Period of 6 months in this leave and license  agreement Which states that a Licenseecannot leave the LicensedProperty  or terminate the agreement for a specified period of 6 Months  during which the contract is ‘locked in’. If the Licenseeleaves the Licensed property he/she would be required to continue to pay the rent until the lock-in period is over and also in case of any damages done to the property including whitewash has to be paid by Licensee or shall be deducted from the security deposit.

 

 

28.     It has been agreed between the parties that in the event of any dispute or difference between the parties hereto arising from or relating to anything contained in this Agreement, the same shall be referred to court of law. In such a case the Jurisdiction of court shall be Delhi OR Gurgaon where the Licensormay be residing or resides.

 

 

29.     Any notice or communication given or required to be given under this Agreement by one party to the other shall be sufficiently served if sent by Registered A.D./Speed post  as follows:

 

 

To the Licensor         : Mr____________, s/o Mr. ____________________having current address at: _______________________GURGAON, HARYANA-122002.

           

ATTN.           :     MR. _________________________

                         

 

Cell : No. ______________

 

 

Email:                  _______________________

 

 

 

To the Licensee       :       

 

Mr. ___________________S/O  _____________________,  Permanent Address: HOUSE NO. ________________________________________. Or  at :

________________________________________, Gurgaon, Haryana.

 

 

 

ATTN.          :             Mr. _____________________,

 

 

                                      Cell : No. ___________________.

 

 

Email              :              ________________________

 

 

 

IN WITNESS WHEREOF THE PARTIES HAVE HEREUNTO SET THEIR RESPECTIVE HANDS AND SEALS ON THE DAY AND YEAR FIRST HEREINABOVE WRITTEN.

 

THE SCHEDULE ABOVE REFERRED TO:

(DESCRIPTION OF THE LICENSED PREMISES)

 

 

______________________________________________,within the registration district of Gurgaon District, comprising of Two  Bedrooms, Living / Dining Room, Kitchen, Passage and  Servant  Quarter, together with a Garage / Parking space being garage / Covered Parking space no. _______located in the said Residential complex.

 

 

Signed and delivered by the                      ]

within named the Licensor:                      ]       MR. ______________

 

 

_______________________           ]

 

In the presence of Witness

 

                     

 

 

Signed, Sealed and delivered by the           ]   Mr. _____________________

          

Within named the Licensee:                        ]                

 

 

 

______________________

                                           

In the presence of

                                     

 

 

 

ANNEXURE-1’

 

 

LIST OF AMENITIES AT Flat no : ______________________, Gurgaon, Haryana

 

 

The Licensor has already installed all  brand New items as per the following list   :

1.

 

2.

 

3.