Lease of the Outer Wall of a Building and One Room for
THIS DEED OF LEASE is made the . . . . . . . . day of . . . . . . . ., 20 . . . . ., BETWEEN A. B., aged . . . . . . . ., etc. (hereinafter called the ‘‘the Owner’’) of the one part AND the . . . . . . . . Advertising Co. Ltd., a Company duly registered under the Indian Companies Act with its registered office at . . . . . . . . Road . . . . . . . ., through its duly constituted attorney Shri . . . . . . . ., (hereinafter called ‘‘the Advertisers’’) of the other part:
WHEREAS the Owner has erected a small room on the upper storey of the building known as . . . . . . . ., situate on the . . . . . . . . Road, in the city of . . . . . . . ., and has provided a surface . . . . . . . sq ft. on the outside wall facing the said Road of the said building for the purpose of the same being used as advertising space;
AND WHEREAS the Advertisers are a company dealing in advertising goods etcetera by electrical advertising signs and other means and are desirous of taking on rent for a period of . . . . . . . years the said space and room on a rent of Rupees . . . . . . per year;
AND WHEREAS the owner is agreeable to let out the same.
NOW, THEREFORE, THIS LEASE WITNESSES that in pursuance of the said agreement and in consideration of the covenants hereinafter agreed and the rents reserved the Owner hereby demises unto the Advertisers ALL THAT space of . . . . . . . . sq feet on the outside wall facing the . . . . . . . . Road in the city of . . . . . . . . on the . . . . . . . . storey of the building known as . . . . . . . . and the small room on the roof of the said storey to be used solely and exclusively by the Advertisers for the erecting, fixing and working illuminated electrical advertising signs or other signs by day and night AND ALSO the exclusive use and possession of the small room on the . . . . . . . . floor of the said building for the purpose of storing, installing and erecting electrical appliances, wires, switches, meters and other things necessary for the working and upkeep of the said signs to the extent, in the manner and upon the terms and conditions hereinafter appearing AND ALSO the right for the Advertisers and their agents, servants and workmen and all persons authorized by them in that behalf to use the back staircase leading to the aforesaid floor and the room at all times necessary for working, fixing or repairing of the said sign. AND ALSO the right to fix, attach and construct the said sign or signs on the said wall and to install, erect and fit up any appliance, wire, switches, meters etc. in the said room with the least inconvenience to the co-tenants and doing as little damage as possible and immediately making good to the satisfaction of the Owner any damage and loss or injury thereby occasioned or suffered by the Owner or his other tenants: TO HOLD the same unto the Advertisers, for and during the term of . . . . . . . . years from the . . . . . . . . determinable nevertheless as hereinafter mentioned YIELDING AND PAYING therefor a yearly rent (free of all deductions) of Rupees . . . . . . . . . . . (Rs . . . . . ) only in two instalments payable each year on the 1st April and 1st November. And the Advertisers hereby covenant as follows:
1. That the Advertisers will regularly every six months pay the stipulated instalment of the rent within one week of the date of accrual.
2. That the Advertisers will pay all taxes, arranged for their own electricity direct from the Supply Company.
3. That the Advertisers will construct, erect, install and fix the said sign and all electrical appliances, wires, switches, etc. in a substantial and workmanlike manner and will not while so doing cause any avoidable inconvenience to the Owner or the other occupants of the same building and will not unduly damage the building or any wall. In case, however, damage is done to the building or any wall it shall immediately be made good to the satisfaction of the Owner.
4. That the Advertisers will at all times during the continuance of this lease maintain the said sign and all electrical wiring and appliances in good order and working condition and so as not to endanger the said premises or any adjoining property or person and will keep indemnified the Owner from all liability claims and demands in respect of or arising out of any damage, injury or accident or occasioned by reason thereof.
5. That the Advertisers will upon the request of the Owner allow him, his agent and workmen to view and examine the demised property and make good any damage or repair required thereto within one week of its intimation. If such repairs are not carried out within the time aforesaid the Owner may conduct the same himself and realise the cost thereof from the Advertisers as arrears of rent.
6. That the Advertisers will not without the consent in writing of the Owner assign or subject or part with the possession of the said space or the room or the benefit of any right or privilege hereby granted, nor allow any other person, company or individual to work the said sign except by a transfer occasioned by the Advertisers being amalgamated or acquired by any other company, person or firm.
7. That the Advertisers shall, on the expiry of his lease or its sooner, determination, take down, remove and take away all the said signs, equipment, installations, switches, meters, etcetera, other than such wiring as related to the premises and make good all damage done to the said premises by or in consequence of such taking down and removal and hand over possession of the space or room in as good a condition as they had received them to the Owner or any person appointed by him in this behalf.
8. That any notice required to be served personally under these presents shall be sufficiently served on the parties if delivered to them personally or despatched by the address herein given under registered post.
9. That if the rent hereby reserved or any instalment or any part of such instalment be in arrears for more than one month, whether demanded or not or if any covenant to be performed or observed on the part of the Advertisers shall not be performed or observed then and in any of such cases it shall be lawful for the Owner at any time thereafter to determine the lease without prejudice to the right and action of the Owner in respect of any arrears of rent or damages.
10. That the expressions ‘‘the Owner’’ and ‘‘the Advertisers’’ herein used shall include in the case of the former, his heirs, executors, administrators and assigns and in the case of the latter their successors only.
IN WITNESS whereof the said A. B. and the said . . . . . . . . Advertising Co. Ltd., through their attorney, have hereto signed at . . . . . . . . . . . . the day and the year first abovewritten.
The . . . . . . . . Advertising Co. Ltd.