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Tuesday, June 25, 2013

LEAVE AND LICENSE AGREEMENT

LEAVE AND LICENSE AGREEMENT
This Leave and License Agreement made at Pune this 20th Day of June 2013
BETWEEN
Mr. XYZ
Age: 00 Years,                                                               Occupation: XXXX
Residing at:

Hereinafter called “THE OWNER” or “THE LICENSOR” (Which expression shall unless repugnant to the context or meaning thereof shall include her heirs, representatives, administrators, executors, successors and assigns) OF THE ONE PART…..

AND

Mr. ABC
ADRESS


Hereinafter called “THE LICENSEES” (which expression shall unless repugnant to the context or meaning thereof shall deem to mean and include her heirs, representatives, administrators, executors and successors) of the OTHER PART….

The Licensor is the owner and otherwise well and sufficiently entitled to and possessed of the Residential premises bearing , (ADDRESS OF RENTED PRIMISES) , Comprising of First floor approximate 000 sq ft.

The above premise is equipped with the bed, Fan toilets and bathroom

a)     The licensee being in need for residencies for Mr. ABC and the licensors which the licensor had agreed to give on leave and license the said premises for a period of 11 months effective from 1st  June 2013 to 31st April 2014 and on the terms and conditions hereinafter appearing.

NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1.     The licensor hereby grants to the licensee on Leave and Licensee basis to use and occupy the said premises for period of 11 (Eleven) month commencing from 1st  June 2013 to 31st April 2014 for the residencies purpose of the Licensee and for no other purpose in the manner hereinafter appearing in clause (2) below

2.     The Licensee shall use the said premises for the purpose of residencies 

3.     The Licensor shall be deemed to be in judicial possession of the said premises and the licensee will be in use of and in occupation of the said premises as a mere licensee, it being the intention of the parties hereto that the exclusive possession of the said premises shall vest in the licensor alone.

4.     The Licensee shall pay to the Licensor a sum of Rs. 2,000/- (Rupees Two Thousand Only) every month as License fee/compensation for use and occupation of the said premise. The payment of such License fee/compensation shall be made by the Licensee to the Licensor without any deduction of any kind what so ever on or before the cheque, due to any technical reason the licensee will deliver within three days of such information this amount by cash / DD. In case of dishonoring of second cheque for what so ever reason the Licensee will pay a penalty of Rs. 500/- along with the amount of the dishonored cheque y Cash/DD within agreement prematurely by giving only seven days notice in case any cheque is dishonored thereafter.

5.     During the terms of license hereby granted the Licensee shall keep deposited with the Licensor a sum of Rs. Nil /- (Rupees Nil ) by cash and by the way interest free security deposit for due fulfillment of the terms and conditions at this agreement. The said security deposit shall carry no interest and shall be refunded by the licensor to the Licensee on vacating and handling over quiet and peaceful occupation/possession of the said premises to the Licensor on the expiry of the license period or its sooner determination within the Licensee10 days of such peaceful vacation. The Licensor shall be entitled to deduct from security Deposit such amount being the amount towards the costs, damage, loss caused to the said premises by the Licensee or their family member sin occupation of the said premises towards such expenses that would be required to restore back the said back then said premises in its original condition as was on the commencement of the license. The quantum of such loss or damage and expenses reasonably required to restore the said premises in its present condition shall be quantified by the architect alone and both the parties here to undertake to agree to the same.

6.     All charges not included of electricity or other illuminant energy or power consumed on the licensed premises by the licensee and other charges of and incidental to the use and occupation of the said premises by the licensee including cable TV, charger, telephone bills, if any shall be paid by the licensee to the concerned authorities directly. The Licensor shall pay the PMC taxes, society charges and the maintenance charges and also all other rates, taxes, cesses, charges assessment and other impositions, duties and outgoings to the concerned authorities as and when levied by the concerned authorities for and during the continuance of this agreement.

7.     The Licensee shall keep the interior of the said premises and the floors, walls, ceilings, doors, windows, electricity installations, water taps and other fittings and fixture thereof in good condition (reasonable war and tear and damage by fire tempest and acts of god expected) and shall repair make good or replace and damage or breakage caused to the same or any thereof. All major repairs in the said flat shall be carried out by the Licensor promptly as and when required.

8.     The licensee and/or any person on behalf of the licensee shall not make any alteration or additions to the construction of arrangement (internal or external) of permanent nature in the said premises. It is specifically understood that on expiry of this agreement or its sooner determination as provided herein the Licensee shall at her costs restore and hand over the said flat / premises in the same condition as it has given to the licensee on the commencement of the license hereby granted and this is the essence of this agreement. The Licensee shall be entitled to bring his own furniture and foods in the said premise.

9.     The Licensee and / or his family members, servants shall not do the or permit to be done upon the said premises any act of thing which is contrary to the provision or Maharashtra Co-operative Societies Act rules and bye laws of the society and which may be or may become am nuisance or annoyance to or in way interfere with quite possession of the Licensor or the tenant or occupies of the other portions of the building in which said premises is situated.

10.                        It is expressly agreed and declared that neither tenancy nor any right title or interest whatsoever are here by created or intended to be created by this agreement in favor of the Licensee.

11.                        The Licensee shall not keep or store in or upon any part of the said premises petrol or any other goods of combustible hazardous or explosive nature except goods of such nature as are required for household use and care and permitted by the law; nor to do or suffer to be done on the said premises anything which shall invalidate or make avoidable or increase the premium payable on the policy or policies or insurance for the time being in force in respect of the building in which the said premises is situated.

12.                        It is expressly agreed by and between the parties hereto that this agreement is only for the period of 11 months commencing from 1st  June 2013 to 31st April 2014 however, the Licensor may agreed to extend the leave & license agreement for a further period of 12 months an increased licensee fee by another agreement, terms, condition and L.L. fee the license shall automatically stand terminated on the of the period as stated above unless this agreement is extend for a second terms and it shall not be necessary for the licensor to give a notice for the termination. The licensee upon such termination shall hand over vacant and peaceful occupation / possession to the Licensor.

13.                        The license to use the said premises is being granted to the licensee on a personal basis and the licensee shall not be entitled to transfer, assign, sub-let, under-let or granted any license in respect of or part with possession of the said premises or any part thereof.

14.                        The licensee and servants, if any, shall observe and perform all the terms and conditions / by law applicable to the said premises. The licensee shall also observe all the municipal and society law, rules and regulations and by – law as applicable in respect of use and occupation of the said premises.

15.                        If the compensation for the said premises payable here under or any part thereof shall remain unpaid for period of 15 days after the same has become due (whether demand or not) of it may of the terms and conditions therein contained shall not be performed or observed then and in any of the said events it shall be lawful for the licensor or any of the person or persons duly authorized by his to forthwith terminate and revoke the license hereby granted by giving a written notice to the licensee. Notwithstanding anything to the contrary herein and upon such termination of the license, the licensor or his authorized representative shall be at liberty to enter upon the said premises for that purpose to break open any doors, locks or bolts to get entry into the said premises and thereupon the licensee and its family members and bonafide servants occupying the said premises and shall hand over quiet, peaceful and vacant possession of the said premises to the licensors or her authorized representative.

16.                        The licensor shall not be responsible for any damage that may happen to the person or property whatsoever of the licensee, his family, members, servants, visitors, invitees and other persons using the said premises for the time being by fire, rain, floods, leakage, bursting or water or electric wires, castings or tubes of other installation in or about the said premises or by the giving way of way portion or portion o the flooring, wall, roof, ceiling or any other part of the building or from any cause whatsoever.

17.                        Upon expiry of the license hereby granted or termination of the license hereby created or sooner determination thereof, the licensee shall forthwith remove themselves together to occupy the said premises the expiry, termination and / or the determination of the license then and in that event the licensee, and their bona fide servants shall do so as trespasser and will be liable to adjustment proceeding AND IT IS HERBY agreed that until the vacant occupation of the said premises id handed over to the licensors as aforesaid, the licensee shall be bound and liable to pay the licensor a sum Rs. 800/- per day as and by way of agreed compensation damages for wrongful occupation of the said premise.

18.                        It is expressly agreed by and between the parties hereto that if before the completion of the terms under this agreement, either party desirous of terminating this agreement shall be at liberty to terminate the license hereby created without assigning any reason thereof by giving at least one month notice to the other party.

19.                        The licensee shall not change the lock on the main entrance door or other doors of the said premises. The licensee shall allow the licensor and or his agent at a reasonable time to inspect the said premises with prior notice to the licensee.

20.                        Notwithstanding anything stated herein it is clearly understood and agreed between the parties hereto that the permission granted hereby can be revoked forthwith by the licensor prematurely, if any legislation / notification prohibiting or restricting leave and license permission comes in force; of the property tax is increased abnormally by PCMC for giving the flat on leave and license basis.

21.                        The parties declare that this agreement is governed by the provisions of the Maharashtra Rent Control Act, 1999. This party hereto agrees that without prejudice to the foregoing provisions and without prejudice to all or any other rights and remedies that may be available to the licensors under this agreement. The licensor is entitled to avail of rights conferred by the Maharashtra Rent Control Act, 1999 to recover possession of the said premises and that this agreement is governed by the provisions of the Maharashtra Rent Control Act, 1999.

22.                        It is agreed between the parties that the original of this agreement shall be retained by the licensor and the licensee shall keep with him a copy of this agreement.

23.                        Any dispute pertaining to this agreement shall be subject to the jurisdiction of courts is Pune only.

IN WITNESS WHERE OF the parties hereto have executed these presents the day and year here in above written

SIGNED SEALED AND DELEVERED
For the within named LICENSOR


Mr. XYZ


SIGNED SEALED AND DELEVERED
For the within named LICENSEE


Mr. ABC

In the presence of
Witness 1                                               Witness 2
AAA                                                     BBB
ADDRESS                                             ADDRESS
Mob: 1234567890                                 Mob: 1234567890
         


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