Licence for use of a House Property to a Company for Office Accommodation

Licence for use of a House Property to a Company for Office Accommodation

An agreement  is  made this ………………… day of ………… 1999 between AB son of ………………… by faith …………… by occupation …………… (hereinafter referred to as the OWNER) of the one part and X & Co. Ltd. represented ……………… by its secretary being signatory to this agreement having its principal office at present at No. …………… (hereinafter referred to as OCCUPIERS) of the other part.

WHEREAS the OCCUPIERS approached the OWNER for permission for using a portion of his property, viz. premises No. …………… fully mentioned and described in the Schedule hereto for temporary accommodation and/or location of their offices for a period not exceeding eleven months only from the date of signing of this agreement which the OWNER has agreed to grant reserving for himself the care, maintenance and services to property and on the basis of leave and licence only (which will stand ipso facto revoked on the expiry of the said term). Now, it is hereby expressly agreed and declared by and between the parties as follows:

1. This writing shall never be construed as any tenancy agreement or lease nor otherwise creating any other right or interest in the property in favour of the OCCUPIERS which is not at all the intention of the parties but on the contrary merely a temporary agreement or arrangement simply to allow the OCCUPIERS to use and occupy portion of the premises for their office accommo-dation under the control and supervision of the OWNER for which purpose the OWNER shall retain …………… rooms, viz. one in the ground floor and another in the first floor.

The OWNER shall have his own staff in the said rooms for the care and supervision and maintenance of and services to the property.

2. The OCCUPIERS shall, in consideration of such accommodation as hereunder provided, pay to the OWNER a fixed sum of Rs. …………… as charges for such temporary occupation for the period of …………… months which sum will be paid at the rate of ………… per month on the ………… of every current month without delay or default and a further sum of

Rs. …………… per month on account of maintenance to the property over and above of the payments. He shall further pay a sum of Rs. …………… for service charges and also use of fittings and fixtures making thus a sum total of Rs. ……………… per month. The two last-mentioned amounts shall also be paid on the ……………… of every current month.

3. The OCCUPIERS shall also pay to the OWNER  on account of Corporation of Calcutta all existing and future occupier’s share of rate and taxes of the property and also the enhancement in the Owner’s share, if any, during the period of their occupation and shall otherwise keep the OWNER  and his estate indemnified as against any loss if any arising out of such non-payment or non-observance of any of the covenants herein contained.

4. The OCCUPIERS have as security deposit for such payments and observance of the covenants hereunder contained kept with the OWNER a sum of Rs. …………… to be repaid without interest on revocation of licence and surrender and delivery of possession of the said portion of the property subject to such deductions as the OWNER  shall be entitled as against the OCCUPIERS, e.g., arrears of charges provided in clause 2, unpaid taxes, electric bills, etc., as hereunder provided or otherwise permitted in law.

5. The OCCUPIERS shall on expiry of the period of …………… and licence hereunder granted or earlier revocation thereof surrender the property and deliver the same to the OWNER when and in such an event he will be entitled to the refund of Rs. …………… subject to deductions provided in clause 4 hereof.

6. Provided, however, and notwithstanding anything hereinbefore contained, it is hereby expressly agreed by and between the parties hereto that in default of any payment on the dates hereinbefore referred to above to the OWNER or the Corporation of Calcutta or other appropriate authorities the OWNER shall be entitled to and shall have always the power to revoke the licence hereunder granted at his absolute discretion and reoccupy the said portion of the property without subjecting himself to any liability on that account and notwithstanding any intermediate negotiations or waiver of breach thereof when and in such an event the OCCUPIERS shall surrender the occupied portion of the property as hereunder contemplated.

7. The OCCUPIERS shall have no right to make any addition or alteration to the property except removable of wooden partitions by way of adjustments but shall be entitled to make interior decorations only by temporary wooden partitions which they shall remove at their own costs at the time of surrender of the said portion of the property on expiry of the term of the licence hereby granted or earlier revocation thereof and repair all the damages if any caused to the property.

In witness whereof  the parties have executed this Agreement this ………… day of ………… 1999.

Signed, sealed and delivered by AB

at Calcutta in the presence of:

Signed, sealed and delivered

by ……………………………. on behalf

of  X & Co. Ltd. pursuant of  Board

Resolution of  ……………… in the

presence of:

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