AGREEMENT FOR PROVIDING SERVICES TO PREMISES TAKEN BY THE LICENSEE ON LEAVE AND LICENCE BASIS
This Agreement made at Mumbai this??????.day of 2000 between XYZ Ltd., a company incorporated under the Companies,Act, 1956 having its Registered Office at??????. Mumbai - 400005, hereinafter called "the Licensor" (which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and assigns and all persons deriving title from it) of the ONE PART AND ABC Ltd., a company incorporated under the Companies Act, 1956 having its Registered Office at ................ Mumbai - 400001, hereinafter called "the Licensee" (which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and assigns) of the OTHER PART.
WHEREAS
1. The Licensor has built and seized and possessed of a building known as "XYZ Office Complex" on the land described and situated at??????.within the city and Registration District and Sub? District of Mumbai bearing Cadastral Survey No??????.of Colaba Division.
2. The Licensee has requested the Licensor to give the premises on license and the Licensor has agreed, to give the premises admeasuring??????.sq. ft. super built up area on the floor, North Side of the building XYZ Office Complex on the terms and conditions therein recorded (hereinafter called the "said premises or licensed premises").
3. It has been agreed between the parties that as the conditions of and to facilitate the use and occupation of the said premises on leave and license basis, the Licensee shall also use the Licensor's amenities and services in and in relation to the licensed premises on the terms and conditions hereinafter specified.
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1.The Licensor has provided and continued to provide the following equipments, amenities and services or in relation to the use amenities and enjoyment of the said premises services
(a) Designing, laying and fixing of AC duct from AHU room to the said premises;
(b) Providing and fixing of dampers both in return and fresh air system;
(c) Laying and termination of 50 telephone cables within the said premises from basement MDF room;
(d) Laying and fixing of electrical circuit from the main of the premises with proper switch, circuit breakers, electrical meters, fuses and other protection devices;
(e) Providing and fixing of 2 x 40 waft twin type tube light fixture on the ceiling all recess above the ceiling and connected to the electrical systems, Fixtures are provided with tube lights;
(f) Making provision for power circuits with proper protection and metering;
(g) Sprinkler network laid to cover the entire premises;
(h) Smoke detectors as per smoke detecting system to cover the area of the premises given to the Licensee on leave and licence basis connecting the same to centralized control and for detection of fire, if ever caused in the premises;
(i) Making available services of fire personnel on round the clock basis to handle the situation in emergency;
(j) Providing oxygen masks within the premises for emergency evacuation;
(k) Providing smoke exhaust system in the premises;
(l) Providing fire retardant door for all the fire exhaust to ensure safety of people using the exit in case of emergency;
(m) Providing fire hydrant system on two sides of the premises located in the fire exit and stair case;
(n) Providing hand operated fire extinguishing apparatus to be used in the case of emergency;
(o) Providing bathroom one each for ladies and gents fully fitted with fixtures such as WC's water basin, urinals, etc. and also maintaining supply to the premises;
(p) Providing with exhaust system specially to take out foul air from the toilets;
(q) Make available services of maintenance team on round the clock basis;
(r) Provision of six high speed lifts from ground floor to floor;
(s) Making available one freight lift to take care of carrying heavy luggage from the ground floor;
(t) Provided with proper lifts and ventilation in the lift lobby and cross lobby area;
(u) Cleaning and up keeping of passages and staircases;
(v) Providing the services of garbage collection and garbage disposal;
(w) Providing garbage bags;
(x) Maintaining external landscape area;
(y) Maintaining of internal roads and car parking slots;
(z) Providing external lights in the compound;
(aa) Providing fire hydrants around the building;
(bb) Cleaning of glass pane from outside, wherever possible;
(cc) Cleaning of Chajjas;
(dd) Cleaning of external storm water drainage;
(ee) Making provision for bringing water from outside in the event of shortage or inadequacy of the water provided by BMC in the building;
(ff) Maintain and upkeep of common passages, foyers, corridors, courtyards, gardens, terraces, landscapes, lifts, lift halls, escalators, escalators halls, basements, marquee air conditioning plant and plant rooms, ventilation plant and plant rooms and fire lighting plant and plant rooms, all equipments or machines, sewage treatment plant and plant rooms, roads and pavings, car parks, lights, landscaping, drains and sewers and other amenities.
2.The XYZ Office Complex Building is centrally air conditioned. The air conditioning plant will function for about eight hours on all week days during such hours as may be decided by the Licensor except on Sundays and holidays as approved by the Licensor unless there is failure or imposed cut of electric power supply or any breakage or failure of the said plant.
3. The working hours of lifts in the XYZ Office Complex Building will be such as shall be decided by the Licensor. The Licensor shall not be responsible for running the lifts if there is a failure or imposed cut of electric power supply or any breakage or failure of the machinery of any of the lifts. The passenger lifts will be available for the common use of all the Licensees/Lessees, their agents, servants and visitors at their own risk and subject to the regulations and restrictions (including restrictions as to hours of use) that may be prescribed by the Licensor from time to time. No goods or merchandise, luggage or heavy articles or materials or dogs or animals shall be allowed to be carried in the passenger lifts. A separate goods lift is provided in the building and all movement of goods, merchandise, luggage and heavy articles and materials shall only be allowed by such goods lift. The Licensor will be at liberty to close all or any of the lifts for such time as it may think fit from time to time, if necessary or required for servicing, maintenance or repairs. The Licensor shall not be liable for any injury, fatal or otherwise to any person, or for any loss or damage to any property that may be caused in any way by the use of the lifts or by their break down or otherwise howsoever or through any act of commission or omission wrongful or otherwise or negligence of the lift attendants or any other employee of the Licensor.
4.The facilities available to the Lessees/Licensee in XYZ Office Complex with regard to Air-conditioning, lifts, car parks, clearing of garbage and the relevant guidelines, working hours and payment of bills are set out in Annexure A hereto.
5. In addition to the above mentioned equipments, amenities, services, the Licensor shall also provide water and electricity to the licensee for the said premises and the Licensee shall bear and pay the charges for the electricity and water consumed in the said premises and for the car parking slot(s).
In addition to the compensation payable for use and occupation under the Leave and License Agreement of the said premises, the Licensee shall pay to the Licensor Service charges at the rate of Rs ??????.per sq. ft. super built up area per month of the super built area if sq. ft. ??????.for providing the equipment, amenities and services mentioned hereinabove for the period from??????.to??????. and Rs ??????.per sq. ft. super built up per month for the period from..............till further revision. The Service Charges shall be subject to increase or decrease by the reason of the expenses of the above services being increased or decreased. The Licensee, however, shall bear and pay the charges for the electricity consumed in the premises as shown by the sub-meter to be installed therein by the Licensee.
Further, in the event of the rateable value of the premises or any part thereof covered in the Leave and Licence agreement being increased by the Brihad mumbai Municipal Corporation by reason of this Leave and Licence, then the liability for that part of such increase which is in excess of Rs??????. per sq. ft. super built up per month for the said premises shall be borne by the Licensee and be paid/reimbursed to the Licensor.
In the event of the Licensee exercising the option of the renewal of the license for a further term of 5 years on the expiry of the license on...............2005, the licensee shall pay to the Licensor Service Charges at the rate chargeable for the month of 2005 increased by 25% for the extended period subject to Increase or decrease by the reason of the expenses of the above services being increased or decreased.
6. The Licensee shall deposit and keep deposited with the Licensor through out the term of license a sum of Rs??????.The said deposit shall not bear any interest. In the event of any further sum being payable as determined by the Licensor, the Licensee shall deposit and keep deposited with the Licensor such further sum within seven days from the date of service of demand in writing in that behalf made by the Licensor. The said deposit shall be adjusted by the Licensor towards payment of service charges of the last three months of the terms of the license. In the event of the license being forthwith terminated for any reason whatsoever as herein contemplated, the said deposit shall be refunded after appropriating such portion thereof as attributable to the period of license for which payment shall not have been made by the Licensee towards such service charges.
7. In the event of Licensor being required to pay at any time hereafter to the Municipal Corporation or to the state government whether prospectively or retrospectively from the date of signing this agreement, any amount or amounts by way of premium, betterment charges, development tax or any other tax, cess or charge, the Licensee shall pay forthwith to the Licensor on demand, a proportionate share of such amount or amounts, to be calculated by the Managing Committee of the Licensor in the proportion which the area of the premises licensed to the Licensee bears to the total area of the building and further apportioned for the duration of the agreement which the Licensor shall have leased or licensed and/or shall decide to lease and/or license and the decision of the Managing Committee as to whether or not the licensee Is liable to pay a proportionate share of such amount or amounts and the quantum of such proportionate share shall be final and binding on the Licensee.
8. The service charges shall be paid by the Licensee to the Licensor on or before the 10th of every month commencing from the date of occupation by the Licensee.
9. The Licensee agrees to keep and maintain the Licensor's fixtures, equipments, amenities and other effects installed in the licensed premises in good, repair order and condition, reasonable wear
and tear damage by fire, flood, earthquake, tempest, lightening, civil commotion, riots, war or other hostilities or any other cause or circum?stances beyond the control of the Licensee excepted. The Licensee all agrees to use all common passages and amenities with reasonable care as a man of ordinary prudence would use his own property and would indemnity the Licensor against any loss or damage caused to the property of the Licensor by the Licensee, its employees, servants and agents.
10. This agreement will run concurrently and shall be conterminous with the said Leave and Licence Agreement of even date. On the termination of the said Leave and Licence Agreement of even date this Agreement shall automatically come to an end but this Agreement shall not be terminated so long as the said Leave and Licence Agreement shall be in force.
11. The Licensor shall be entitled to terminate the Leave and Licence Agreement of the said premises if the service charges for any month payable under this Agreement are not paid for a period of 15 days after they shall have become due and payable.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and hear first hereinabove mentioned
SIGNED, SEALED AND DELIVERED
By the within named Licensor by its
Managing Director Shri ........
In the presence of
??????.??????.
SIGNED, SEALED AND DELIVERED
By the within named Licensee
ABC Ltd.
By its
In the presence of
Annexure A
Various facilities available to lessees/licensees In XYZ Commercial Complex and relevant Guidelines
1. Air Conditioning
The Air conditioning plant in XYZ Commercial Complex will function from 9.00 a.m to 6 p.m. If there will be any change due to undertaking of any repairs resulting from breakdown, or for routine maintenance and to comply with such stipulations as may be imposed by the government or municipal or other statutory authority from time to time, the General Manager (Engineering Services) will intimate for the same to all lessees or licensees.
2. Lifts
The working hours of lifts in XYZ Commercial Complex will be from 8 a.m. to 9.00 p.m. of all days and on Sundays/bank holidays. At any given time two lifts operates each from the ground floor to the 16th floor and 16th floor to the 31 st floor and back.
3. Working Hours
The hours of business for XYZ Commercial Complex will be from 9.00 a.m. to 9.00 p.m. If any Lessee/Licensee propose to keep his/her premises open on any particular day beyond the hours specified or on a Sunday/bank holiday,. he/she should obtain prior permission in writing from the Manager (Security) whose office is located on the ground floor XYZ Commercial complex.
The authorized representative of the Lessee or Licensor should send a written request in triplicate for keeping its office open to the Manager (Security)/Security Officer of the Licensor mentioning therein:
(i) The date/days on which the office is required to be kept open, but not exceeding 7 days at a time
(ii) The time upto which the office is required to be kept open on each of days mentioned (t) at a time
(iii) The names and designation of the persons who would be working in the office on the days mentioned in (i) and during the time mentioned in (h) above
The gates of XYZ Commercial Complex will be closed at 9.30 p.m. and they will be opened after this only with the permission of the Manager (Security)/Security Officer. Arrangements will be made to open one of the gates to permit exit to the lessee or his/her employees who have intimated the Manager (Security) or the officer on duty.
5. Car parking
The Lessees/Licensee should park their cars only in the space allotted to them. No car should be kept in the compound after 9.00 p.m.
6. Clearance of garbage
The Lessees/Licensees should arrange to keep outside their premises the garbage collected by them, in polythene bags, before 9.00 a.m. every day to enable the cleaning staff to collect it to arrange for its disposal.
7. Complaints
All complaints should be made to the Complaint Cell on (Extension No. ........ ). The Lessees/Licensees should not in any case give direct instructions to the security guards or any other staff on duty.
8. If any untoward incident occurs or is feared to take place in the premises of the lessee/licensee which requires attention, the Security Officer on duty should be immediately contacted.
9. The XYZ Commercial Complex will be closed on Sundays and other days declared as holidays by the Licensor.
10. The above rules are in addition to provisions incorporated in the Leave and License Agreement including Annexure thereto, which specify among other things, regulations required to be observed by the Licensees having premises in the XYZ Commercial Complex.