Advertising Agreements
FORMS
1
License to use property for display of advertisements AN AGREEMENT made the………..day of… 20…….BETWEEN [owner] of [address, etc.] (hereinafter called the owner) of the one part, and [advertiser or advertising agent or contractor] of [address, etc.] (hereinafter called the licensee) of the other part. WHEREBY IT IS MUTUALLY AGREED as follows :
1. In consideration of licensee agreeing to make to the owner payment at the rate of Rs……… per month during the continuance of this agreement the owner agrees to allow the licensee to fix and thereafter maintain and to illuminate in such manner as the licensee shall think fit [number of boards] advertisement boards or panels measuring……………… on the property known as……….. in the following positions : [specify positions].
2. The above monthly rent is payable in advance on the first day of each month (hereinafter referred to as payment dates) the first payment being a proportion- ate payment from the date the boards or panels are fixed to the next payment date to be made within thirty days of the date of fixing.
3. The licensee shall be solely responsible for any rates which may assessed in respect of the boards or panels.
4. The licensee shall be responsible for obtaining the permission of the local authority if and when necessary and undertakes to comply at all times with all relevant Acts of Parliament and by laws in force.
5. Subject as is hereinafter mentioned this agreement is to remain in force for three years commencing from the first payment date after the boards or panels are fixed and shall continue thereafter unless and until determined by either party giving to the other not less than twelve months? notice in writing such notice to expire at any time after the said period of three years [and notwithstanding that payments to be made hereunder are to be made in advance any payments made in respect of any period after the determination of the agreement by notice served by the owner under this clasue shall be repaid by the owner to the licensee.]
6. The owner hereby grants to the licensee and his employees access from time to time to place posters advertising any articles on the boards or panels or to paint advertisements thereon or to erect or maintain any illuminating apparatus as the licensee may require. Ch. 20] ADVERTISING AGREEMENTS?FORMS 903904 CONVEYANCING, DRAFTING & DEEDS [Ch. 20
7. The owner agrees that the boards panels posters and illuminating apparatus (if any) are the licensee?s property and only removable by the licensee but upon the determination of the agreement shall be removed and all damage repaired within……….. weeks of such determination.
8. The owner agrees that no other advertisement is to be displayed on any part of the above property within……….. feet of the boards or panels erected by the licensee.
9. If the advertisement contravenes any regulations made under any Statute or if any material change is made in the advertisement or any party thereof requiring further permission of the local/statutory authority who has granted the licence or if the licence contravenes any terms and conditions of the licence permission so granted attacting any fine or penalty being imposable by any statutory authority either upon the owner or upon the licensee, in that event the licence hereby granted to the licensee shall stand revoked and the licensee shall be liable to pay and re-imburse to the owner in respect of all such amounts imposed or imposable upon him by way of fine or penalty on account of the contraventions, if any, made by the licensee.
10. Should the view of the advertising boards or panels become so impaired at any time from any cause whatsoever as no longer to be reasonably suitable in the opinion of the licensee for use for advertising purposes or should the use of the said boards or panels be prohibited by any legislation or authority then this agreement shall be terminable by the licensee as from the date of such impairment or prohibition as the case may be and the licensee shall remove the boards or panels in such circumstances from the premises of the owner.
11. The owner hereby declares that he has the sole right to grant to the licensee the licence contained herein in relation to the above property. As Witness etc.[Signature of parties and witnesses to signatures]
Tax on advertisements is payable to every local authority under the appropriate Statutory provisions. [See, Section 204 of the Calcutta Municipal Corporation Act, 1980, for instance.] Before advertisements are displayed in pursuance of this licence it is essential to obtain the writen permission of the local authority or any Statutory body as may be applicable and in force in the area (for example, Section 202 of the Calcutta Municipal Corporation Act, 1980 prohibits display of any advertisement in any place within Calcutta without the written permission of the Municipal Commissioner). It is, however, a condition of every permission granted under the above provision, a licence for the use of the particular site for purpose of advertisement has to be taken out either by the owner, lessee, sub-lessee,occupier or an advertising agent. Licence Deed with Public Limited Companies This Licence Deed made at…………….. on this day……………… of………20…. BETWEEN………………………….. a Company registered under the Companies Act, 1956 having its Registered Office at………………. Kolkata 700 ….., hereinafter referred to as?The Licensor? (which term or expression shall unless otherwise excluded by or repugnant to the subject or context be deemed to mean and include its successors and assigns) of the ONE PART. AND XYZ Company incorporated under the provisions of the Companies Act, 1956, having its Registered Office at………. and Corporate Office/Circle Office at……………………………………(hereinafter referred to as ?Licensee? which term and expression shall unless repugnant to the meaning and context hereof shall mean and include its successors in business, affiliates, subsidiaries and assigns), of the ONE PART:WHEREAS, the Licensor is a bona fide owner of the premises situated at……… Kolkata on the front along with provisions for putting glow signs etc. and having an area of……………sq.ft. (words) ( shown and delineated in the plan annexed hereto) hereinafter referred to as the ?said premises? by virtue……………. dated……………. duly registered with the Registrar of Assurance at Kolkata executed in favour of the Licensor. WHEREAS, the Licensor has assured that he is absolutely seized and possessed of or otherwise well and sufficiently entitled to the demised premises. AND WHEREAS the Licensee has approached the Licensor to grant Licence of the said premises as above mentioned for using it as commercial space for its Show Room to provide business………………… as may be decided by the Licensee at its discretion.
NOW the Licensor has agreed to give on rent and the Licensee has agreed to take on rent the said premises on the terms and conditions given below : AND THEREFORE, THIS INDENTURE OF LICENCE WITNESSETH AS FOLLOWS:
1. In consideration of the monthly rent herein fixed and the other covenant and conditions contained hereunder the LICENSOR doth hereby demise unto the LICENSEE by way of present Licence the entire demised premises together with the right of ingress and egress from the front to hold the same as Licensee for the term hereby fixed.
2. In consideration of the LICENSOR granting the Licence hereunder of the demised premises to the Licensee, the Licensee agree to pay to the Licensor a monthly rent of Rs……………. (Rupees…………………….. only) per month @ Rs…………….. per sq. ft for…………….. sq.ft. The said monthly rent shall be payable on or before fifteenth day of each English Calender month in advance for the month. In case of any delay in paying the monthly rent, as its becoming payable as stated, beyond 30 days Ch. 20] ADVERTISING AGREEMENTS?FORMS 905906 CONVEYANCING, DRAFTING & DEEDS [Ch. 20 of that month, the Licensee will pay interest on the delayed payment @……….% per annum. It has been agreed between both the parties that after the expiry of every three years, from the effective date, rent will be increased by………… per cent on the last paid rent.
3. The Licensee shall also keep with the Licensor, a sum of Rs……….. (Rupees……………………. only) as interest free refundable Security Deposit amount at the time of taking over the possession of the Licensed premises. The total security deposit shall be refundable through Bank Draft/Bankers cheque favouring ?XYZ Company? payable at Kolkata (or in the current name of the Licensee Company) by the LICENSOR to the LICENSEE simultaneously on the handing over of the vacant possession of the demised premises after deducting all the legitimate dues and rent of notice period, if any, of the said demised premises in consonance with the covenants of the Licence Deed. Provided that in case the LICENSOR fails to refund the aforesaid security deposit amount simultaneously to the Licensee on the date of handing over of the vacant possession, the Licensee shall be entitled to an interest @ …………% per annum on the said security deposit till the realisation. Further, the Licensee shall be entitled to retain possession of the demised premises without payment of any rent till the date of refund of the whole of the security deposit amount along with interest. If Licensee will not hand over the peaceful and vacant possession of the demised premises on expiry of the Licence by efflux of time or after termination of the Licence for the reasons stated in the present Licence deed. Licensee will pay an amount double of monthly rent as damages and /or use and occupation charges without any way affecting the right of the Licensor to get the Licensee evicted from the demised premises including through due process of law. The Licensee shall have the right to get the amount of Security Deposit adjusted against the rent payable during the notice period.
4. If for any reason the Licensee does not pay the rent consecutively for three months, then the agreement may be deemed to be terminated at the option of the Licensor.
5. That this Licence of demised premises will be effective from………….. 20…… The Licence will be initially for a period of…………….years, and the same shall be extended for such terms as may be mutually agreed between the parties. The Licensee shall have the right to terminate the Licence Agreement, at it option only, by giving three months notice to the Licensor any time during the pendency of this Licence Agreement.
In case the Licensee is forced to vacate the premises due to any Government regulations order or directions forcing tile Licensee to vacate for the reason of using tile premises for the purposes which is not authorized or due to any other regulations the Licensor shall make good all loss or damage suffered by the Licensee in this regard.
6. The property tax shall be payable by the Licensor as may be assessed by the statutory bodies, Municipal Authority on agreed rent under the terms of this Licence Deed and in case of any increase thereon or any fresh levies, the same shall be borne by the Licensor. Similarly, if in future the Municipal Corporation, increases the Ground Rent, the actual incidence of the increase in relation to the demised premises shall be borne by the Licensor. However in the event the Licensor fails to reimburse the Municipality tax charges or any other charges due in respect of the property as a result of which Licensee?s occupation to the demised portion is jeopardized then the Licensee may arrange to pay such taxes directly to the Municipal Authority in respect of the demised portion occupied by the Licensee and shall be entitled to reimbursement by the Licensor, and such non-payment of the payment within one month of such payment the Licensee shall be entitled to adjust the same with the monthly licence fee.
7. The Licensor hereby agrees and undertakes and represents that he shall not do any act deed or thing which may determine his rights under the Licence Deed and shall keep the same valid and subsisting during the subsistence of this Licence including renewal if any thereof in accordance with the provisions hereof and the Licensor shall indemnify and keep indemnified and saved harmless the Licensee against all loss or damage that may be suffered or incurred by the Licensee as a consequence of the termination of the deed referred to above during the subsistence of his right on the demised premises in any manner whatsoever subject to the Licence thereof to the Licensee.
8. The Licensee covenants with the Licensor as under:
(a) To pay all the charges on actuals for the consumption of electricity, water charges to the concerned Authorities/Society in respect of the demised premises. The Licensee has noted that the Meter reading for the portion of Licensee as on the date of taking over the possession is………………….. and the Meter No………………..
(b) To permit the Licensor and his duly authorized representative and workmen to enter upon the demised premises during the normal working hours on all working days to ascertain the condition of the demised premises and affect repairs thereto after giving advance intimation to the Licensee.
(c) To use the said demised premises for the purpose of carrying the business carried on by the Licensee and the Licensee will not sublet, otherwise part with the possession of the whole of or any part of the demised premises to any third party without the previous consent in writing of the Licensor. However, it is specifically agreed by the Licensor that no written consent shall be required to be taken by the Licensee in respect of Group/Franchisee/Associate Companies. Ch. 20] ADVERTISING AGREEMENTS?FORMS 907908 CONVEYANCING, DRAFTING & DEEDS [Ch. 20
(d) To make internal/exterior structural changes not touching the basic structure of building, like removing false roof/ mezzanine etc.
(e) Provision of a toilet has to be made.
(f) Not to store any hazardous or other articles, or to do any act which might render the demised premises unsafe for human habitation or cause nuisance to the occupants of the adjoining buildings.
(g) The Licensee can install its cell site/s, cooling tower/, put hisname plate/s, board/s, glow sign/s on the face of the premises.
9. The Licensor covenants with the Licensee as under:
(a) The Licensor undertakes to handover to the Licensee, complete and vacant possession of the demised premises, on………. 20.
(b) To comply with and ensure compliance of all provisions of the Licence Deed as well as other statutory provisions relating to demised premises and regulations, orders, directions or requirements of the Kolkata Municipal Corporation and other Government statutory and local authorities concerning or in respect of or relating to the demised premises at his own cost and expenses in so far as it is attributable to him.
(c) On the Licensee paying the Licence rent hereby reserved and observing and performing the covenants and conditions con- tained herein and required to be observed and performed by it, to facilitate the LICENSEE to peacefully hold enjoy the whole of the demised premises together with the fixtures and fittings therein as per the list enclosed herewith during the term(s) of the Licence including renewal thereof, if any, without any let, interruption, hindrance or disturbance whatsoever from or by the Licensor or any person claiming through or under or in trust from him.
(d) The Licensor shall indemnify and keep the Licensee indemnified and saved harmless at all times against all losses, claims, demands costs charges, proceedings, actions and assessment whatsoever, to which the Licensee may be subject to or become liable for including the costs of defending any proceedings affecting its tenancy rights hereunder due to any act or omission of Licensor.
(e) The Licensor warrants that he is the lawful owner of the demised premises and is fully empowered and authorized and able to enter into this Licence and shall hold the Licensee free and harmless of any demands, claims, actions or proceedings by other in respect of quite possession of the premises.
(f) The Licensor declares and confirms and agrees that the Licensee shall be fully entitled to induct its Franchisee and/or its associates to carry on business from the demised premises, without furtherconsent of the Licensor. The Franchisee or the Associate, as the case may be, shall have unfettered access to the Showroom to carry on its business.
10. The Licensee and the Licensor covenants as follows:
(a) It is a term of this Licence that on the expiry of the agreed Licence period and such extended period of Licence in case there is any renewal the Licensee shall hand over the Licensed premises in good condition, normal wear and tear expected. It is further agreed to and between the parties that whatever the Licensee has inducted into the premises by way of furniture, by way of additions, partitions, false ceilings, installation, equipment, plant and machinery, etc. both movable and fixed shall be the exclusive property of Licensee and the Licensee shall be free to dismantle. remove and carry the same according to the convenience.
(b) The Licensee shall not have the right to carry out major additions, alterations, to the demised premises or any part thereof without the permission of the Licensor. The Licensee shall also be entitled to install or erect or otherwise bring in or put inside the demised premises any/all apparatus, instruments, implements, equip- ments, computers, computer terminals, generator sets, etc. and such other machines as may be deemed necessary required by the Licensee for its use.
(c) That if the Licensor at any time during the period of this Licence sells the demised premises as whole or in any part or parts thereof to any one person or more than one person then in that event the Licensor shall attorn to such transferees or transferee on the same terms and conditions as are contained herein. However, a letter shall be issued by the prospective landlord/s in favour of the
Licensee and they will also acknowledge the security deposit paid by the Licensee to the Licensor whose benefit shall be transferred to the new landlord and all adjustments shall be in accordance with the present Licence. The same shall also apply in case of any subsequent sale or transfer of the Licence hold rights. The Licensor will ensure that the Licensee?s possession shall not be disturbed due to any Sale/Transfer during the Licence period.
11. The Licensor during the subsistence of the Licence, will have the right and privilege to enter upon the demised premises Licensed to the Licensee after due notice for inspection, repair of any structure repairing, relaying any electric cables, water lines etc.
12. That the Licensor shall insure the demised premises at his cost against loss or damage by fire, earthquake or any act of God. However in respect of the fittings and fixtures, contents inside the demised premises including the addition, alterations the Licensee shall be liable to insure the same.Ch. 20] ADVERTISING AGREEMENTS?FORMS 909910 CONVEYANCING, DRAFTING & DEEDS [Ch. 20
13. Any notice to be given by either party in connection with the demised premises shall be considered as sufficiently given if sent through registered post addressed to the other party at the addresses mentioned above unless a different address has been intimated in writing against receipt.
14. Arbitration. (i) All disputes, differences and/or claims arising out of this agreement shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof.
(ii) The dispute shall be referred to Arbitration by a sole Arbitrator who shall be appointed by a Director and/or CEO of XYZ Company.
(iii) The Second Party shall not challenge the nomination of Arbitration or his award on the ground that the nomination is made by a Director and/or CEO of XYZ Company being an employee of one of the parties.
(iv) The Arbitration proceedings shall be in English and will be held at …………….
(v) The award of the Arbitration shall be final and binding on both the parties.
OR
Note : All Jurisdiction subject to………………………. Court.
15. Jurisdiction.
If the Arbitration proceedings fails the Courts of Kolkata shall have the exclusive jurisdiction. IN WITNESS WHEREOF , the parties hereto have set and subscribed theirs respective hand and seals the day months and year first above written.
Signed for and on behalf of Signed for and on behalf of Licensee Licensor
Name : Name :
Witness : Witness :
3
Service Agreement with Private/Public Limited Company.THIS AGREEMENT MADE this the……….. day of…….. 20…. BETWEEN………… a Company registered under the Companies Act, 1956 and having its registered Office at…………. hereinafter referred to as ?THE FIRST PARTY? (which term or expression shall where the subject or context so requires or admits he deemed to mean and include its sucessors and assigns) of the First Part.AND XYZ Co………………….. a Company registered under Companies Act,1956 having its Registered Office at……………….. and Corporate Office/Circle Office at………………. (hereinafter referred to as the Second Party (which expression shall unless repugnant to the Law or expressly excluded by context be deemed to be and to include his heirs, legal representatives, successors and assignees) of the Second Part. AND ……………………a Company incorporated under the India Companies Act, 1956 and having its registered Office……………….. hereinafter referred to as?THE CONFIRMING PARTIES? (which expression shall unless repugnant to the Law or expressly excluded by context be deemed to be and to include his heirs legal representatives, successors and assignees) of the Third Part.
WHEREAS :
(i) The First Party hereto is lawfully empowered and/or authorized by the said Confirming Party to provide common services, facilities and also to look after day to daymaintenance of the said building for the benefit and advantage of its occupants;
(ii) By a Lease Agreement dated the day of…………….. made by and between the First Party herein (referred therein as ?The Lessor?) of the One Part and the Second Party hereto (referred therein as ?The Lessee?) of the Other Part for the terms, conditions and consideration therein mentioned. Confirming party has allowed the second party to occupy and use subject to payment of Rentals the said premises.
(iii) In the said agreement no specific mention has been made to the effect that the Second Party hereto being the bona fide Occupier of the demised premises would be entitled to use and/or to have the advantages/facilities of the existing securities, water and other common services and amenities in the said building and as such no service and maintenance charges for having the aforesaid facilities has been incorporated therein. The First Party and the Second Party have mutually agreed and decided to record their terms and conditions in writing through an appropriate document and the confirming party has agreed to confirm the same.NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
A. That this Agreement shall be deemed to have commenced on and from……………… and shall remain valid as long as the lease agreement dated……… 20…… between the Confirming Party hereto and the Second Party remains in force;
B. That so long as the Second Party?s equipment remains in the demised premises the Second Party will be at liberty to use and also be entitled to enjoy the common facilities/amenities provided in the said building (hereinafter referred to as the COMMON SERVICES);
C. (a) That for the purpose of using/having the common service the Second Party will pay to the First Party a sum of Rs…………….Ch. 20] ADVERTISING AGREEMENTS?FORMS 911912 CONVEYANCING, DRAFTING & DEEDS [Ch. 20 (Rupees…………………….) only per month as service and maintenance charges; (b) Income-tax applicable will be deducted at source as per law;
D. That the aforesaid amount of service and maintenance charges will be paid by the second party on or before the……….. of each and every calendar month by account payee cheque or draft or cash;
E. It has been agreed between both the parties that after the expiry of every three years, from the effective date. Service and maintenance charges will be increased by……………… on the last paid Service and
Maintenance Charges;
F . That notwithstanding anything referred to the foregoing clause it is specifically agreed by and between the parties that the second party shall have to pay the service and maintenance charges per month to the first party until the Lease Agreement dated…………. 20….. between the Confirming Party hereto and the Second Party is terminated;
G. That the Second Party and/or its men and agents shall have free and unfettered right of access to the demised premises round the clock by using all the common services and amenities in the said building;
H. That the First Party does hereby confirm that the Second Party paying the service charges hereby reserved and observing and performing the terms and conditions herein contained and on the part of the Second Party to be paid observed and performed shall continue to use and/or to have the common services in the said building without any hindrance, disturbance or interruption whatsoever from through or under the First Party;
I. Term or Terms of this agreement may be changed, altered omitted and/ or new term or terms may be added hereto with the mutual consent of the parties hereto;
J. This Agreement shall be co-extensive and co-terminus with the said Lease Agreement dated 20…. IN WITNESS WHEREOF the parties hereto have put their signatures on this deed on the date above written. Signed Sealed and delivered by the above named First Party …………………. by its authorised Signatory,
Mr………………………. in presence of:Signed Sealed and delivered by the above named Second Party XYZ Company by its authorised Signatory. Mr……………….. in presence of: Signed Sealed and delivered by the above named Confirming Party ………………. by its authorised Signatory, Mr……………………. in presence of:
Witness :
Lease of a plot of land for erection of advertisement boards THIS LEASE made the…………………. day of………………. BETWEEN [landlord] of [address, etc.] (hereinafter called the landlord which expression shall where the context so admits includes his heirs successors in title and assigns of the one part and [tenant] of [address, etc.] (hereinafter called the tenant which expression shall where the context so admits include his successors in title and assigns) of the other part.
WITNESSETH as follows :
1. In consideration of the rent hereinafter reserved and of the covenants on the part of the tenant hereinafter contained the landlord hereby demises into the tenant. All that plot of land situate in………………… measuring…………… fee approximately in width and…………. feet approximately in depth and which is for identification more particularly delineated on the plan attached hereto and thereon coloured pink for the purposes of erecting thereon advertising boards constructed of timber and metal.
TO HOLD the same unto the tenant from the……………….. day of…………… for the term of………………. years certain and thereafter from year to year determinable by……………….. months, notice or in the event of the aforementioned plot of land being required for rebuilding purposes then three months? notice to be given by either party in writing.
PAYING therefore the rent of Rs…………. per month payable in advance on the first day of every month the first of such payments to be made within fourteen days of permission for the display of advertisements on the land being granted by the local authority [or on the………………. day of………………. whichever is the earlier.]
2. The tenant hereby convenants with the landlord as follows :
(a) To pay the reserved rent on the day and in the manner aforesaid without any deduction.
(b) To pay all existing and future rates taxes assessments and outgoings payable by law in respect of the demised premises either by the owner or the occupier thereof.
(c) To keep the demised premises in a clean and tidy condition at all times [and not to display or erect any advertisement of an undesirable nature.]
(d) Upon their erection to insure and keep insured against third party risks the said advertising boards.
(e) Not to use the demised premises for purposes other than those of erecting the said advertising boards and the display of advertisements thereon and to observe and peform all the requirements of any relevant statute statutory regulations and all orders regulations and notices of Ch. 20] ADVERTISING AGREEMENTS?FORMS 913
G : CDD (Vol. 1) ? 58914 CONVEYANCING, DRAFTING & DEEDS [Ch. 20 any competent authority and to keep the landlord indemnified against all liabilities claims expenses and costs in respect of the said boards and any advertisements displayed thereon.
(f) To fence the demised land from the adjoining land of the landlord with a substantial fence not less than……….. feet high and to maintain the fence in proper condition.
(g) To indemnify the landlord against all damage caused to third parties by the advertisement boards in any way whatever and to keep the landlord indemnified against all claims proceedings costs and ex- penses in respect thereof.
(h) At the expiration or sooner determination of the said term peaceably to surrender and yield up to the landlord the demised premises first removing the advertising boards and restoring the site to its former condition if required by the landlord.
3. The landlord hereby covenants with the tenant that the tenant paying the said rent and performing the covenants on his part hereinbefore contained shall peaceably hold and enjoy the demised premises during the said term without interruption by the landlord or any person claiming under or in trust for him and that so far as it lies within the power of the landlord so to ensure the view of the said advertising boards shall not be obstructed in any way.
4. The advertising boards placed upon the demised premises by the tenant shall not by reason of attachment or connection to the land become or be deemed to become a fixture or appurtenant to the land and shall at all times be severable therefrom and shall be remain at all times the property of the tenant.
5. Provided Always and it is hereby agreed as follows :
(i) If the rent hereby reserved or any part thereof shall be unpaid for fifteen days after becoming payable (whether formally demanded or not) or if any covenant on the part of the tenant herein contained shall not be performed or observed or if the tenant for the time being shall become bankrupt or enter into any composition with his creditors or suffer any distress or execution to be levied on his goods or if the tenant for the time being is a limited company and shall enter into liquidation whether compulsory or voluntary (save for the purpose of reconstruction or amalgamation)then and in any such cases it shall be lawful for the landlord at any time thereafter to re-enter upon the demised premises or any part thereof in the name of the whole and thereupon this demise shall be determined but without prejudice to the right of action of the landlord in respect of any breach of the tenant?s covenants herein contained and to recover the cost of removing the boards, if the landlord removes them.
(ii) Should the tenant be unsuccessful in obtaining permission for the display of advertisement on the land within……………. months of the execution of this lease this lease will then be null and void [except as respects any sums which may have been paid or have become payableunder clause (i) hereof] and the landlord may forthwith re-enter and determine the term hereby granted.
(iii) In the event of permission for the display of advertisements being withdrawn or the view of the said advertisements being obstructed or for other reasons being materially reduced in value then the tenant shall have the right to determine this lease by three months? notice in writing at any time.
(iv) The regulations with regard to notices contained in Section 111 of the Transfer of Property Act, 1882 shall apply to notices and determination of this lease.
IN WITNESS etc.
[Signatures and seals of both parties]
Letting out parts of building for advertisement purposes
[Short Form]
THIS AGREEMENT, made this…………………….. day of………………….., 20…, BETWEEN………….. of………………….. hereinafter called the OWNER AND……………. of………………….., hereinafter called the advertising company, witnesseth as
follows:
1. In consideration of a yearly rental of Rs………….. (Rupees…………………….) to be paid in monthly instalments of Rs……….. (Rupees………………….) in advance on the first day of each month, the owner hereby leases to the advertising company, for a term of………….. years, beginning on the………….. day of…………., the following portions of the roof and walls of the building located at No…….. in the city of ……………………, to be used for the purposes of erecting, maintaining, and using advertising signs and for no other purposes.
2. The advertising company agrees that in the erection, maintenance and use of such signs it will comply with all laws and ordinances, and valid regulations adopted pursuant thereto; that it will not display, or suffer to be displayed, any immoral or otherwise objectionable matter upon any of such signs; that it will pay all licence fees and other charges which may be assessed by any public authorities in connection with such signs; that it will indemnify the owner against any and all claims for damages to person or property which may result from the erection, maintenance or use of such signs, and will, at its own expense, make all repairs to the building which may be necessary by reason of the erection and use of such signs.
3. The owner agrees that it will allow, at all reasonable times, free access by the agents and employees of the advertising company to such parts of the said building as may be necessary for the proper installation and maintenance Ch. 20] ADVERTISING AGREEMENTS?FORMS 915916 CONVEYANCING, DRAFTING & DEEDS [Ch. 20 of such signs, and the making of repairs specified above, and including the installation of electric wires and devices and the placing of a meter in the basement of said building for the furnishing of electric current for the operation of such signs ; and that, at the end of the term hereof, it will permit the removal of any and all sign structures erected by the advertising company pursuant to this agreement, if the terms and conditions hereof have been fully performed by the advertising company.
IN WITNESS WHEREOF etc……………….
Witnesses :
2. [Signature of parties]
Agreement for use of a hoarding for advertisements AN AGREEMENT made the ……………………. day of………………… 20…… BETWEEN (owner of hoarding) etc. (hereinafter called the owner) of the ONE PART AND (advertiser or advertising agent) of (address, etc.) (hereinafter called the advertiser) of the OTHER PART.
IT IS MUTUALLY agreed as follows :
1. In consideration of the advertisers agreeing to pay to the owner the rent
hereinafter reseved the owner agrees to give to the owner the exclusive licence
and right of affixing posters and other advertisements upon the hoarding of the
owner situate on the north-west side of the premises being no……………….. within
P .S.
2. Subject as is hereinafter mentioned this agreement is to remain in force
for……………… years commencing from the………….. day of………..20…… and shall
continue unless and until determined by the either party giving to the other not
less than twelve months? notice in writing.
3. During the subsistence of the agreement the advertisers shall pay to the owner the sum of Rs……. (Rupees……………………….) only per month (hereinafter called the rent) payable in advance on the first day of each month, the first payment being made upon signing of this agreement.
4. The advertiser and his employees, workmen or representatives shall have the right at all reasonable times during the day to enter into and upon the said premises for the purposes of placing posters advertising any articles on the hoarding or painting advertisements thereon or to erect or maintain any illu-minating apparatus on the said hoarding.
5. The advertisers undertake not to affix or display on the said hoarding any such advertisement which in the opinion of the owner is of an indecent or objectionable character or the same is forbidden in law, or infringes any statutory provisions and the advertisers shall not do or permit to be done any act or thingin regard to the said hoarding, or the advertisements for the time being affixed thereon, by reason of which the owner may become liable to any proceedings under any law and the advertisers hereby undertake to keep the owner indemnified against all liabilities claims expenses and costs in respect of the said hoarding and any advertisements displayed thereon.
6. The advertisers shall be responsible for obtaining the necessary premission of the local authority or other statutory authority if and when necessary in connection with the display of any advertisement on the said hoarding and undertake to comply at all times with all the relevant Acts of Parliament.
7. The owner hereby covenants with the advertisers that the owner will at all times during the subsistence of this agreement maintain the said hoarding in good condition and repair as may be reasonably required for the effective display of advertisements thereon but the advertisers shall be responsible for making good all damage done to the said hoarding by themselves or by their servants or workmen during the course of any work done for the purpose of display any advertisements thereon.
8. The advertisers shall pay all rates and other out-goings which now are or during the term of this agreement shall be charged upon the said hoarding or advertisements displayed thereon.
9. If the payments hereby reserved shall be unpaid for twenty-one days after the same shall have become due or if the advertisers shall make default in performing any obligations or stipulations herein contained or shall enter into liquidation (except for the purpose of reconstruction) the owner may forthwith revoke or determine this agreement.
10. If at any time during the continuance of this agreement the said hoarding shall be wholly or partly demolished by accident, or required to be repaired and the execution of such repairs necessitating the temporary removal or obscuring of the said hoarding, then and in every case the owner will make a proportionate abatement in the payment due under this agreement during such time as such display of advertisements on the said hoarding shall be impeded which abatement the advertisers shall accept without making any further claim. Except as in this clause provided no abatement shall be made.
11. The owner declares that he has obtained from all competent authorities necessary permissions and consents for the erection of the said hoarding and for the display of advertisements thereon.
12. Should the view of the hoarding in the opinion of the advertisers be impaired at any time from any cause whatsoever or should the use of the hoarding be prohibited by any legislation or authority then this agreement is at the option of the advertisers terminable as from the date or such impairment or prohibition as the case may be and for that no claim whatsoever by way of compensation shall be made by the owner in respect of the unexpired period of this agreement.
Ch. 20] ADVERTISING AGREEMENTS?FORMS 917918 CONVEYANCING, DRAFTING & DEEDS [Ch. 20
13. This agreement shall be binding upon and inure to the benefit of the heirs,
successors and the approved assigns of the respective parties hereto.
14. Any difference or dispute that may arise between the parties in connection
with the construction of these presents or in respect of any matter arising
therefrom, the same shall be referred to an arbitrator mutually selected in
accordance with the provisions of the Arbitration Act, 1940.
AS WITNESS etc.
Witnesses :
1.
2. [Signature of parties]
7
Contract between owner and advertiser for erection and
display of an illuminated advertisement on exterior
front of a building
AN AGREEMENT made the………… day of…………….. 20….. BETWEEN [owner of
premises] of [address, etc.] (hereinafter called the owner) of the one part and
[advertiser] of [address, etc.] (hereinafter called the advertiser) of the other part.
IT IS HEREBY AGREED as follows :
1. The owner hereby grants to the advertiser the exclusive right of fixing and
exhibiting on the front of the owner?s premises at [address] immediately above
the windows of the second floor an advertisement cosisting of the words [wording
of advertisement] in letters thirty-six inches in height and consisting of neon tube
lights arranged on a frame and also the right to connect the said lights with the
street electric main cable through the said premises by all convenient ways and
means with all necessary switchboards, meters and fixtures in accordance with
the specification and plans already submitted to and approved by the owner.
2. This agreement shall remain in force for the term of……………… years [or
months] from the……………………. day of……….. next unless previously deter-
mined as hereinafter provided.
3. The advertiser shall be at liberty forthwith to enter into and upon the said
premises with workmen and all necessary appliances and to fix the said
advertisement and also all necessary electric wires, switch-boards, meters and
other things reasonably necessary for making the said advertisement effecting
all such work being done by and at the sole expense of the advertiser.
4. All such work as aforesaid shall be done between the hours of…. a.m.
and……………. p.m. and between the…………………….. day of………………… and
the……………….. day of……………… next. No. damage whatever shall be done to
the said premises other than is necessary for fixing the said advertisement
electric wires, switch-board, meters and things aforesaid and all damage so doneshall be made good within the time aforesaid by and at the expense of the
advertiser. If the said work shall not be finished by the said…………… day
of………………… next the advertiser will pay to the owner Rs……… for each
subsequent day or part of a day during which the said work shall remain
incompleted.
5. The advertiser shall pay to the owner the sum of Rs…………. per month for
the privileges aforesaid during the continuance of this agreement payable in
advance the first of such payments being made on the signing of this agreement
and all subsequent payments to be made within seventh day of each month when
the amount falls due.
6. The advertiser shall pay all sums that may become due for electricity
supplied to the said lights and shall keep the owner indemnified against being
called on to pay the same.
7. The advertiser shall have the right at all reasonable times during the day
to enter into and upon the said premises for the purpose of repairing inspecting
testing or adjusting the said lights and the electric fittings in connection with the
same and of doing all work necessary for maintaining the same in a state of
efficiency all of which shall be done at his sole expense.
8. No alternations shall be made in the advertisements permitted to be affixed
in accordance with clause 1 hereof and no substitution of that advertisement
for another shall be made by the advertiser without the previous approval in
writing of the owner and other statutory authority.
9. On the determination of this agreement the electric wiring of the said
premises in relation to the said advertisement and the switchboard in connection
therewith shall become the property of the owner but the said advertisement and
the lights used in connection therewith shall remain the property of the advertiser
and shall be removed by him within fourteen days he making good all damage
done to the said premises in consequence of such removal. If from any cause
such removal shall not be effected within the time aforesaid the payments
hereinafter reserved shall continue to be payable until such removal shall be
effected.
10. If at any time during the continuance of this agreement the said
advertisement should temporarily cease to be exhibited by the owner for any
reasonable cause (such as any part of the said premises requiring to be repaired
and the execution of such repairs necessitating the temporary removal or
obscuring of the said advertisement) then and in every case the owner will make
a proportionate abatement in the payments due under this agreement during
such time as such exhibition shall be impeded which abatement the advertiser
shall accept without making any further claim. Except as in this clause provided
no abatement shall be made.
11. [After the elapse of a period of……………….. years from the execution of
this agreement] this agreement may be determined by either of the parties giving
to the other one month?s notice in writing.Such notice may be sent through the
post addressed to the last known place of abode or business of the party to whom
Ch. 20] ADVERTISING AGREEMENTS?FORMS 919920 CONVEYANCING, DRAFTING & DEEDS [Ch. 20
it is given.This agreement may also be determined by notice at any time if the
exhibition of the said advertisement shall be prohibited by any lawfully consti-
tuted authority.
12. If the advertiser shall fail to make his payments hereinbefore reserved
within seven days after the same shall from time to time become due or if he
shall not on demand pay any other monies hereby made payable by him or if
he shall fail to perform or observe any of the stipulations on his part herein
contained it shall be lawful for the owner to determine this agreement without
any notice to the advertiser without prejudice to any claims which the owner may
have against the advertiser under the stipulations aforesaid or any of them and
thereupon the rights of the parties shall be the same as if [the said period
of…years had expired or] this agreement had been duly determined by notice
under clause 11.
13. The advertiser hereby undertakes to indemnify the owner against all
claims actions and proceedings whatsoever which may be brought commenced
or prosecuted against the owner by reason of or arisiing out of the advertise-
ments.
AS WITNESS etc. [Signatures of both parties]
8
Agreement for the grant of a licence by an owner of
property to a poster contractor for the display of
advertisements on property
[Short Form]
[Name of poster contractor]
In consideration of your agreeing to pay me [us] a rental at the rate of Rs…….
per month I [We] agree to allow you to fix and thereafter maintain and (if you
so wish) to illuminate in such manner as you shall think fit………….. advertisement
bord[s] measuring………………. on the property known as………….
The above rental is payable in advance on the first day of every month
(hereinafter referred to as payment date) the first payment of rental being a
proportionate payment from the date of the board[s] is[are] fixed to the next
payment date to be made within thirty days of the date of fixing. It is understood
that you will be solely responsible for any rates which may be assessed on me[us]
in respect of the board[s].
Subject as is hereinafter mentionedd this agreement is to remain in force for
three years commencing from the first payment date after the board[s] is[are]
fixed and shall continue thereafter unless and until determined by either party
giving to the other not less than twelve months? previous notice in writing such
notice to expire at any time after the said period of five years.I [We] hereby grant you access from time to time to place posters advertising
any article you may desire on the board[s] or to paint advertisements thereon
or to erect or maintain any illuminating apparatus you require. I [We] agree that
the board[s] posters and illuminating apparatus (if any) is [are] your property and
only removable by you. I [We] agree that no other advertisement is to be displayed
on any part of the above property within………… feet of your board[s].
Should the view of your board[s] in your opinion be impaired at any time from
any cause whatsoever or should the use of the board[s] be prohibited by any
legislation or authority then this agreement is at your option terminable as from
the date of such impairment or prohibition as the case may be and I [We] will
return to you when the board[s] is [are] removed in such circumstances that part
of the rent (if any) which has been paid for the period after the date of removal
of the board[s].
I [We] hereby warrant that I [We] have the sole right to grant to you the licence
contained herein in relation to the above property.
[Signature of owner of occupier]
Address…………………….
Date…………………………
Witness to the above signature:
Name ………………………………….
Address……………………………….
9
Agreement between transport undertaking and advertising
contractors for advertising on transport
THIS MEMORANDUM OF AGREEMENT is made the……………. day of…………
20……. BETWEEN [name of transport company, or, as the case may be, of local
authority operating transport undertaking] (hereinafter referred to as the com-
pany) of the one part and [name of advertising contractors] (hereinafter referred
to as the contractors) the registered office of which is situate at………… of the
other part.
NOW IT IS HEREBY AGREED as follows :
1. The Company for the consideration hereinafter mentioned hereby grants
to the contractors the sole and exclusive right and privilege (subject as
hereinafter mentioned) of advertising upon the public passenger service
vehicles of the company which are worked by the company upon any part of
their transport system during the period of this agreement (hereinafter referred
to as the vehicles).
2. The rights and privileges conferred on the contractors by this agreement
shall be exercisable on and after…………. day of……………… next and subject to
Ch. 20] ADVERTISING AGREEMENTS?FORMS 921922 CONVEYANCING, DRAFTING & DEEDS [Ch. 20
the rights of the company to determine the agreement under clause 13 hereof
shall continue in force until determined by either party giving to the other………
calender months? notice in writing but such notice shall not be given so as to
deterine this agreement before the expiration of………… years from the date of
its commencement.
3. The space or portions of the vehicles upon which the contractors shall be
allowed to advertise shall be as specified in the schedule hereto subject however
to such adjustments as may be necessary owing to the design of the vehicle
and to such variations as may be mutually agreed upon from time to time and
confirmed in writing by the parties.
4. All the expenses incidental to the display of any advertisement on the
vehicles including the painting and removal thereof and the making good of any
damage to the vehicles including the paintwork thereof during such painting or
removal shall be borne by the contractors.
5. (1) All advertisements shall as to design colour scheme wording size form
materials and matter be subject to and proofs shall be submitted for the approval
of the company.
(2) The contractors shall not fix or cause to be fixed any advertisement which
relates to gambling or betting or any other advertisement which is in the opinion
of the company of an objectionable nature.
6. (1) Any advertisement which may be painted or fixed by the contractors
and which does not comply with the requirements of this agreement or any
advertisement which is of an objectionable nature shall be deleted or removed
by the contractors at their own expense when called upon to do so by the
company and in the case of the contractors making default in such deletion or
removal the advertisement may be deleted and removed by the company and
the cost incurred by the company in respect of such deletion or removal shall
forthwith be paid by the contractors to the c