Licence to Construct Road on the Licenser’s Land by Shiva.

Licence to Construct Road on the Licenser’s Land

AN AGREEMENT made the . . . . . . . . . . . day of . . . . . , 20 . . . . BETWEEN A.B. etc. (hereinafter called ‘‘the Grantor’’) of the one part AND C.D. etc. (hereinafter called ‘‘the Grantee’’) of the other part;

WHEREAS the Grantee has applied to the Grantor for liberty to construct, maintain and use a road across the land described in the Schedule hereto between the points marked A and B on the plan annexed hereto and along the route between the said points which route is delineated on the said plan and thereon coloured red, which road is required for the better and more convenient working of the Sugar Factory of the Grantee called the . . . . . . . . . . factory;

AND WHEREAS such road if constructed would also be useful for the purposes of the Grantor’s estate;

AND WHEREAS the Grantor has therefore agreed to grant such liberty as aforesaid to the extent and subject to the conditions hereinafter set forth and the Licensee has likewise agreed to accept the grant on such conditions.

NOW THESE PRESENTS WITNESS as follows:

1. The Grantor hereby grants to the Grantee full licence to construct and maintain a road across the said land between the said points and along the said route and also a right of way along the same for pedestrian or vehicular traffic or by whatever means at all times for the Grantee, his servants, agents and customers and TO HAVE and exercise such licence and right of way for as long as such road shall be required for any of the purposes of the Grantee in working and managing the said Sugar Factory but no longer.

2. It is hereby agreed and declared that the aforesaid grant is subject to the following conditions all of which the Grantee hereby covenants with the Grantor to observe and perform:

(i) As soon as such road shall be ready for use the Grantee will put up and will at all times thereafter maintain in good and legible conditions notices in English, . . . . . . . . . . . and Hindi and in a form to be approved by the Grantor at each terminus of such road stating that the same is a private road maintained for the use of the Grantee and that any use of the same by members of the public is merely permissive;

(ii) that the Grantee will at least once in every year and for a continuous period of not less than twenty-four hours stop all traffic along such road from either terminus thereof except traffic by the Grantee, his servants, agents and customers or by the Grantor and his servants and agents and will on every such occasion post a person at each such terminus and will both by notice and by the agency of such person explain that traffic is stopped in order to prevent the acquisition by the public of any right to use such road for any purpose whatever;

(iii) upon any breach of either of the conditions hereinbefore contained the Grantor may, notwithstanding the waiver of any previous right of revocation, revoke the aforesaid grant and thereupon the same shall become void.

3. The Grantor hereby covenants with the Grantee as follows:

(i) That so long as the conditions hereinbefore contained are observed the aforesaid grant will not be revoked;

(ii) The Grantor will every year pay either half the cost of the repair and maintenance of such road during the year or will contribute towards the same the sum of Rs . . . . . . . . . . ., whichever sum shall be less;

(iii) Except as hereinbefore provided the Grantee shall not be bound to prevent or control the use of such road by any person nor shall be in any way responsible for any damage done by any person using such road other than persons in the employment or subject to the control of the Grantee;

(iv) The Grantee or his successors may at any time surrender his (their) rights under these presents and that nothing herein contained shall impose upon him or them any obligations to construct or to maintain such a road as aforesaid after such rights have been surrendered.

4. The parties hereby agree that subject to the conditions hereinbefore mentioned the Grantee shall repair and maintain the road in a good condition by carrying out necessary repairs and the sole responsibility in this behalf shall be that of the Grantee. Non-payment of repair and maintenance contribution by the Grantor under Clause 3(ii) shall be no ground for not maintaining and keeping the road in good repairs.

5. It is further agreed between the parties that if the Grantor shall fail to pay half of the repair and the maintenance cost of the road under Clause 3(ii) the Grantee may recover the same from the Grantor through a court of law.

6. It is hereby agreed that where the context so requires or admits the expression ‘‘the Grantor’’ hereinbefore used includes the owners for the time being of the said land on which this licence is granted, and the expression ‘‘the Grantee’’ hereinbefore used includes his heirs, executors, administrators and assigns.

IN WITNESS WHEREOF etc.

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