Agreement between an Owner and an Architect for Construction of a Building in West Bengal and Kolkata

This agreement made at ……… on this ……. day of…….. 2000 and ………. between A, son of Shri X residing at ………. (hereinafter called “the Employer” which expression, unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, administrators, executors, legal representatives, successors and assigns) of the ONE PART and Shri……….. ……… carrying on business in the partnership name and style of M/s ……… , having their place of work at ………. (hereinafter called “the architects” which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include every partner for the time being of the said firm, the survivor or survivors of the legal representatives, administrators and assigns of the last survivor) of the OTHER PART.

where as the employer is desirous of constructing a building for his residence at ……..……….

and Whereas the employer is desirous of appointing the architects as architects for the said building (hereinafter referred to as the “said works”) and Where as the architects have accepted the said appointment on the terms and conditions hereinafter contained.

Now, therefore, it is hereby agreed by and between the parties hereto as follows:-

1.     The employer appoints M/s………… Architects, as architects for the said works.

2.     The architects shall render the following services in connection with and in regard to the said works:-

a.     Preparation of sketch designs (including carrying out necessary revisions till the sketch designs are finally approved by the employer), making approximate estimates to enable the employer to take a decision on the sketch designs;

b.    Submission of the site plans and other drawings to the municipal corporation ……….. and obtaining its approval;

c.     Preparation of architectural working drawings, making structural calculations and preparing all structural, mechanical, sanitary, plumbing, drainage, electrical drawings, specifications, detailed estimates of cost or such other particulars as may be necessary for the preparation of bills of quantities;

d.    Preparation of landscapes and planting drawings;

e.     Preparation of six copies of the contract documents including all drawings, specifications, bill of quantities, or other particulars and such further details and drawings, as are necessary for the proper execution of the works; (f)Supervision and inspection of the said works by the general contractor, sub-contractor, consultant, etc. that may be engaged from time to time by visiting the site periodically;

f.     To check measurements of works at site, checking contractor’s bills, issuing periodical certificates for payment and passing and certifying accounts, so as to enable the employer to make payments to the contractors and making adjustment of all accounts between the contractors and the employer;

g.    Submission of detailed account of the steel, cement and any such other material as the employer may specify, and certify the quantities utilised in the works;

h.     Obtaining of building completion certificate and securing permission of Municipal Corporation or other authority for the occupation of the building and obtaining refund of deposits, if any, made by the employer to the Municipal Corporation or other authority;

i.      Any other service connected with the said works usually and normally rendered by architects and not referred to in any of the items referred to above.

3.     The architects shall submit to the employer the sketch plans, tender documents, etc. within the period stipulated in the Schedule hereto annexed.

4.     The architects shall exercise all reasonable skill, care and diligence in the discharge of duties hereby covenanted to be performed by them and shall exercise such general superintendence and inspection in regard to the said works as may be necessary to ensure that the work is being executed in accordance with the working drawings and specifications aforesaid and that the work is free from defects and deficiencies. The architects shall be fully responsible for the structural soundness of the works.

5.     The construction cost shall not exceed Rs. ……….. per square meter and should conform to the norms of ……… The construction cost shall not include:-

a.     cost of land;

b.    architects fees;

c.     any services relating to fitting or fixtures not designed by the architects; and

d.    soil testing fees.

6.     The architects shall not make any deviation, alteration, addition or omission from the approved drawings without the prior written consent of the employer.

7.     The architects shall on the completion of the work supply to the employer at their expenses two copies of one-eighth scale drawings (one of which shall be in tracing cloth); two complete sets of structural drawings and two sets of drawings sufficient to show the main lines of drainage, electrical installation and other essential services.

8.     The architects shall arrange for taking trial bores, test pits, or other preliminary tests required to be carried out before the commencement of the said works and submit their report to the employer. The cost of carrying out such tests shall be borne by the employer.

9.     The architects shall prepare a comprehensive program of work in consultation with the contractors, and arrange to have the work completed in an expeditious manner and in accordance with the program drawn up.

10.  The architects shall, at their own expenses engage a qualified (i) Electrical Engineer; and (ii) Sanitary, Drainage and Water Supply Consultant with the qualifications and experience approved by the employer to assist them in their work.

11.  Either party may terminate this agreement at any time by giving a written notice of two months to the other party. Even after the termination of their employment, the architects shall remain liable and be responsible for due certification/approval of any bills submitted by the contractors at any time, in respect of the work, executed before the termination of the architect’s appointment; but shall not be entitled to additional remuneration therefor. If the architects shall close their business or die or become incapacitated from acting as such architects, then the Agreement shall stand terminated. If the architects fail to adhere to the time Schedule stipulated in the Schedule hereto annexed or the extended time which may be granted by the employer in its sole discretion, or in case there is any change in the constitution of the firm of the architects for any reason whatsoever, the employer shall be entitled to terminate this agreement and entrust the work to some other architect.

12.  The employer or the architects shall not assign, sublet or transfer their interest in this agreement without the written consent of the other.

13.  The employer shall pay to the architects as remuneration for the services to be rendered by the architects in relation to the said works, and in particular for the services hereinbefore mentioned, a fee calculated at the rate of 3% on the value of the works as estimated (including the authorised extra) or the value of the works actually executed and completed whichever is less.

14.  The employer shall pay fees to the architects in stages as follows:-

a.     10% of the total fees, payable after completion and approval of the site plans by the employer;

b.    30% of the total fees [less any amounts paid under clause (a) above], payable after completion of all drawings and the approval of site plan by the Municipal Corporation or other authorities;

c.     10% on completion of detailed estimates, submission or recommendations on the contractor’s rate to the employer, and execution of the contract documents for the various trades. The employer may make part payments in proportion to the services completed in respect of particular trades;

d.    Out of the remaining 50% of the total fees, 30% of the total fees shall be paid by installments as the building work proceeds, and in proportion to the value of the said works as certified from time to time and balance 10% after final completion of the building and closing of accounts;

e.     In case this agreement is terminated earlier, fees shall be paid to the architects for the actual services rendered as per stages referred to in this clause.

15.  If the architects fail to observe the time schedule, they shall be liable to pay to the employer-liquidated damages at the rate of Rs. ……… per day till the work remains incomplete. The employer shall be entitled to recover the said liquidated damages from any sum payable to the architects under this agreement.

16.  Notwithstanding anything contained hereinabove, it shall always be open to the employer to exclude from the scope of the services to be rendered by the architects under these presents the supervision and execution part of the project and reduce the scale of fees, in which case the terms, conditions, scale of fees, etc. shall be as detailed in the Annexure hereto.

17.  If any dispute, difference or question shall at any time arise between the parties as to the interpretation of this agreement or arising out of this agreement or as to the rights, liabilities and duties of the parties hereunder, or as to the execution of the said works, the same shall be referred to the arbitration and final decision of an arbitrator to be agreed upon and appointed by both the parties or in case of disagreement as to the appointment of a single arbitrator, to the appointment of two arbitrators one to be appointed by each party, which arbitrators shall, before taking upon themselves the burden of reference, appoint an umpire whose decision in the matter shall be binding on both the parties. It is hereby provided that the arbitrator so appointed shall make his award within six months from the date of the arbitrator or arbitrators, as the case may be, entering on the reference. This submission to arbitration shall be deemed to be a submission to arbitration within the meaning of Arbitration and Conciliation Act, 1996 or any statutory modification thereof. The award of the arbitrator or arbitrators, as the case may be, shall be final and binding on the parties. The parties agree that if work under this agreement has not been completed at the time of reference of dispute to arbitration, the work shall continue during the arbitration proceedings and the employer shall make the payment to the architects within the provisions of this agreement and shall not withhold any money payable to the architects on account of arbitration proceedings unless authorised by the arbitrators.

18.  This agreement shall be executed in duplicate and the architects shall bear the stamp duty on the original. The employer shall retain the original and the architects shall retain the duplicate.

In Witness Where of the parties hereto have subscribed their respective hands hereto and on a duplicate hereof on the day and year hereinabove first mentioned.

Signed and delivered by the within named employer A Signed and delivered by the within named architects by its Managing Partner

WITNESSES;

1.

2.

Schedule Period

1.     Submission of site plan with in ………. days from the date of the execution of this agreement.

2.     Submission of the required plans with in ………. days from the to the Municipal Corporation and date of receipt other local authorities of employees approval of the site plan.

3.     Submission of detailed working with in ………. weeks from the drawings and estimates date of receipt of employer’s approval of the site plans.

4.     Submission of architect’s Within 2 weeks from the date of recommendations on the receipt of the tenders from thecontractor’s rates employer.

5.     Other drawings, etc., if any within a reasonable time.

Tripartite Lease Agreement between Lessor, Lessee and the Guarantor in West Bengal and Kolkata

THIS AGREEMENT of Lease made at_____________ on this__________ day of_____________ 2000, between ABC Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at __________ (Hereinafter referred to as “the lessor”) of the FIRST PART and XYZ Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at ____________ (Hereinafter referred to as “the lessee”) of the SECOND PART and M, son of ____________resident of_______________ (hereinafter referred to as “the Guarantor”) of the THIRD PART.

WHEREAS on the request made by the Lessee, the Lessor has agreed to purchase the equipment, more particularly described in the Schedule hereto (Hereinafter referred to as “the Equipment”) at the price mentioned in the proposal form signed by the Lessee

AND WHEREAS the Lessee has offered to take the equipment so purchased by the lessor.

AND WHEREAS the Guarantor has agreed to stand surety for the payment of lease rentals and observance and performance of covenants, stipulations and terms and conditions of this agreement.

AND WHEREAS the Lessor has agreed to purchase and lease the said equipment to the Lessee upon the terms and conditions hereinafter appearing.

NOW IT IS HEREBY AGREED AS FOLLOWS:

1.     In pursuance of the said agreement and in consideration of the lease rent hereby reserved and of the covenants, stipulations and terms and conditions herein contained and on the part of the lessee to be observed and performed, the Lessor doth hereby grant the lease of the equipment unto the Lessee upon the terms and conditions hereinafter mentioned for the term of __________ years commencing on the________ day of _______200-.

2.     The Lessee shall pay to the Lessor lease rent at the rates on the days and in the manner specified in the Schedule hereunder written without deduction or abatement in advance on the 1Oth day of each calendar month, the first such payment to be made on the____________ day of________ and if the lease rent is not paid on the due dates, the Lessee shall pay interest thereon at the rate of______ % per month from the due date till payment.

3.     The equipment shall be delivered to the Lessee by the manufacturer at the Lessee’s factory at the address specified in the Schedule and the Lessor will not be liable for any loss or damage caused to the equipment before or in the process of transportation or delivery of the equipment.

4.     The Lessee acknowledges, declares and agrees that:

                      i.        the equipment is of a size, design, capacity and manufacture selected by the Lessee;

                     ii.        the Lessee has selected the equipment and the manufacturer based on its own judgment;

                    iii.        the Lessor is not the manufacturer or supplier of the equipment and it has not made any representations or statement about the equipment and the Lessee disclaims any reliance on the statement made by the Lessor, if any relating to the equipment;

                    iv.        the Lessee has not given any warranties express or implied on to any matter whatsoever including the condition, fitness or merchantability of the equipment or suitability of the same for any purpose;

                     v.        the Lessor will not be liable to the lessee for any liability, claim, loss, damage or expenses of any kind or nature whatsoever arising from the leasing, installation, use or operation of the equipment or its failure to operate or perform or otherwise howsoever.

5.     The lessee shall throughout the said term:

                      i.        Pay the lease rentals and other amounts regularly and punctually payable hereunder.

                     ii.        Keep and maintain the equipment in good and substantial repair and condition (fair wear and tear excepted) and in case the equipment is required to be repaired, to get the equipment repaired by the person, firm or body nominated by the lessor and in the event of the lessee failing to do so, the lessor shall be entitled to take possession of the equipment and get the equipment repaired and in such case the lessee will forthwith repay to the lessor the full cost of repairs incurred by the lessor.

                    iii.        Install, use and operate the equipment properly and carefully and in conformity with the instructions given by the manufacturer in this behalf.

                    iv.        To pay or cause to be paid all rates, taxes, licence fees, duties, surcharges, registration charges and other outgoings payable in respect of the equipment, or its installation, use or operation thereof or in respect of the premises where the equipment may be placed or kept for the time being and on demand produce the receipts thereof to the lessor or his authorised representatives and in case of failure by the lessee to pay the rates, taxes, etc., the lessor shall be at liberty (but not bound) to make all or any of such payments and to recover the amount thereof from the lessee forthwith.

                     v.        Keep the equipment at all times in its possession and control at the location shown herein viz.______________ and will not remove the said equipment therefrom without the prior written consent of the lessor.

                    vi.        Not cause or permit affixation of equipment to any immovable property.

                   vii.        Insure and keep the equipment insured during the term of the lease, at its own cost, in the name of the lessor against loss or damage by theft, fire, accident, and other risks and on such terms as the lessor may require with ________________ company Ltd. for an amount equal to the full value of the equipment, in the event of the lessee failing to insure, the lessor may do so and recover the cost thereof from the lessee forthwith. The Lessee shall pay the insurance premiums and shall hand over the policies of insurance and receipts of payment of premiums to the lessor.

                  viii.        Not to make any alteration, addition or improvement in equipment without the prior written consent of the lessor and any alteration, addition or improvement when made to the equipment shall be deemed to be part and parcel of the equipment owned by and belonging to the lessor.

                    ix.        To permit lessor and all persons authorised by it at all reasonable times to enter upon the premises where the equipment is placed or kept for the time being in force and to inspect and examine the condition of the equipment.

                     x.        Obtain all necessary licences, permissions, etc. for the use and operation of the equipment and not to use the equipment in contravention of the terms and conditions of such licences, permissions, bye-laws or regulations of any local or statuary authority for the time being in force.

                    xi.        To indemnify and keep indemnified the lessor against any claim, demand, liabilities, proceedings or expenses, brought, filed or incurred against him relating to the transportation, delivery, operation or use of the equipment including injuries to or death of persons arising from or pertaining to the transportation possession, installation, operation or use of the equipment.

6.     The lessee acknowledges, declares and confirms that it holds the equipment as a mere bailee and the lessor is and will be having sole and exclusive right, title and interest in the equipment and the lessee will affix or place plate or makings on the equipment indicating the lessor”s title and therein.

7.      

                      i.                If the equipment or any part thereof is lost, destroyed or damaged, the lessee shall notify you the same to the lessor and receive the moneys from the insurance company and hold the same on trust for the lessor and pay or apply the same as directed by the lessor.

                     ii.                If in the opinion of the lessor, the equipment is lost, stolen or damaged to such extent, which is incapable of repair; the insurance money will be applied to make good the damages under the insurance policies.

                    iii.                If in the opinion of the lessor. the equipment can be repaired then the insurance monies shall be applied in repairing or replacing the equipment with similar type and quality and in such an event the replaced equipment shall be held by the lessee under the terms of this lease.

                    iv.                Save as provided in above sub-clauses, the loss, theft or destruction of or damage to the equipment shall not affect the continuance of the lease and the lessee will continue to be liable to pay lease rentals in respect of the equipment.

8.     If the lessee-

                      i.                fails to pay lease rentals or part thereof or any other payments payable hereunder for a period of one month; or

                     ii.                fails to effect insurance of the equipment or fails to pay insurance premiums as and when due or fails to reimburse the same to the lessor if paid by him; or

                    iii.                sells, mortgage, charge, demise, sub-let or otherwise dispose of or tries to sell, mortgage, charge, demise, sub-let or otherwise dispose of the equipment; or

                    iv.                fails to perform or observe its covenants, stipulations, terms and conditions, to be performed or observed by the lessee under this lease deed or in any other document executed by the lessee in connection herewith and such failure or breach continues for a period of one month after service of written notice to the lessee; or

                     v.                pass a resolution of winding-up or have a petition for winding- up presented against or if a receiver shall be appointed of the whole or part of the assets, properties or undertakings of the lessee or shall compound with or enter into any composition with its creditors;

                    vi.                do or suffer any act or thing or omits to do or suffer any act or thing, in consequence of which the equipment may or is likely to be distrained, endangered, attached or taken execution under any legal process or by any public authority.’

                   vii.                if any judgment or order against the lessee shall remain unsatisfied for more than fourteen days;

                  viii.                if he abandons the equipment.

Then and on the occurrence of any such event it shall be lawful for the lessor to terminate this agreement, without prejudice to any action that it may take against the lessee for any right or remedy under this agreement or otherwise at law or to exercise all or any of the following rights or remedies viz:

                      i.                to take possession of the equipment and for that purpose enter upon any premises where the equipment is or is believed by the lessor to be for the time being situated and detach and dismantle the equipment;

                     ii.                sell, transfer, assign, lease or dispose of the equipment or part thereof by public or private sale with or without notice to the lessee;

                    iii.                require the lessee to pay to the Lessor all sums due and payable under this lease, interest on the due lease, rentals, liquidated damages for loss of a bargain and not as a penalty and other expenses incurred by the lessor due to termination of the lease before the term of the lease;

                    iv.                exercise any other right or remedy available to the lessor under any law for the time being in force.

It is hereby declared that the lessee shall also be liable to pay all legal fees, costs and expenses incurred by the lessor from the foregoing defaults or the exercise of the lessors’ remedies and the remedies referred to above are not intended to be exclusive, but shall be cumulative and shall be in addition to any other remedy available to the lessor under any law for the time being in force.

9.     Any express or implied waiver, by the lessor of any default shall not constitute a waiver of any default by the lessee or waiver of any of the lessor’s right. The lessor shall not be deemed to have waived any of the lessor’s rights or any provision of this agreement or any notice given hereunder unless such waiver be provided in writing by lessor.

10.  If the lessee having paid all lease rentals and other amounts payable under the lease deed and observed and performed all the covenants, stipulations, terms and conditions, shall desire to renew this lease and shall give notice of such desire not less than_________ months prior to the expiration of the term hereby granted, the lessor shall grant renewal of the lease for a further period of ______ years commencing on the date of expiration of this lease on the same terms and conditions as those herein contained including the right of renewal, but at a lease rental of Rs________ per month.).

11.  Upon expiry of the lease term hereby granted or renewal hereof or sooner determination in terms of this lease deed, the lessee shall at its own cost forthwith deliver or cause to be delivered the equipment to the lessor at such place as may be intimated by the lessor to the lessee.

12.  Time shall be the essence of this agreement in so far it relates to the observance or performance of all or any of its obligation, covenants or liabilities hereunder by the lessee.

13.  During the term of this lease, the lessee shall submit its Balance Sheet and Profit and Loss Account as and when they are ready and other information, reports and statements as may be required by the lessor.

14.  This agreement is personal to the lessee and it shall not transfer, assign or otherwise dispose of its rights or obligations hereunder.

15.  The Guarantor hereby guarantees the payment of lease rentals and other moneys payable by the lessee to the lessor under these presents and observance and performance of the covenants, stipulations, terms and conditions by the lessee. The Guarantor also hereby agrees to pay on demand any money due or which becomes payable under this agreement and not paid by the lessee. The guarantor hereby further agrees that any time granted to the lessee or any indulgence shown to him in respect of this agreement shall not prejudice the lessor’s right or relieve the guarantor from his guarantee, which shall be a continuing guarantee and his liability will be coextensive with that of the lessee and it will not be necessary for the lessor to serve any notice to the guarantor for any default committed by the lessee or any concession, or indulgence shown by the lessor to the lessee.

16.  The lessor hereby assigns to the lessee the right of warranties provided by the manufacturer of the equipment and the lessee shall be entitled to make any claim for any defect or deficiency, for any breach of condition or warranty directly against the manufacturer and for this purpose if the lessee requests to the lessor, the lessor shall authorise the lessee for enforcing due performance of any warranties or performance guarantees relating to the equipment.

17.  All disputes, questions, differences and claims whatsoever arising from this agreement between the parties and/or /their successors or assigns touching these presents or any right or liability arising from these presents shall be referred to the arbitration of two arbitrators, one to be appointed by each party and such reference shall be deemed to be reference under and subject to the provisions of Arbitration Act, 1996 or any statutory modification or re-enactment thereof for the time being in force and arbitration proceedings will be held at _______________

18.  Any notice or letter required to be given herein shall be given to the parties hereto in writing by RPAD at the addresses above mentioned or such other address as the parties may hereafter substitute by notice in writing to the other parties.

19.  All prior agreements or arrangements whether oral or written between the parties or relating to the lease of the equipment by the lessor to the lessee shall be deemed to be cancelled and superseded by this agreement.

20.  This lease deed shall be executed in triplicate. The original shall be retained by the lessor, duplicate by the lessee and triplicate by the guarantor.

21.  The stamp duty and all other expenses in respect of this lease deed and duplicate thereof shall be borne and paid by the lessee.

22.  The headings to the clauses of this agreement are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents.

IN WITNESS WHEREOF the parties hereto have executed these presents and duplicate and triplicate copy thereof on the day and year hereinabove written.

The Schedule above referred to

Signed and delivered by the within named ABC Co. Ltd.,

the lessor by the hands of Shri…………………

Managing Director thereof

Signed and delivered by the within named XYZ Co. Ltd., the lessee by the hands of Shri…………… Managing Director thereof

Signed and delivered by the within named M, the guarantor

WITNESSES;

1.

2.

Residential Property Lease Deed Format

This Lease Deed is made on this —————————————————–, but shall be effective from ————————————————————- for the purposes of payment of rent.

BETWEEN

Mr/Mrs—————————————————————————————-through Authorized Signatory———————————————————, hereinafter referred to as the LESSOR (which expression shall unless excluded by or repugnant to the context include its holding/subsidiary companies as also its successors and assigns) of the First Part.

AND

Mr/Mrs—————————————————————————————-, through Authorized Signatory———————————————————- hereinafter called the LESSEE) which expression unless repugnant to the context herein includes its holding/subsidiary, associate companies, group companies as also its successors and assigns) of the SECOND PART.

WHEREAS THE LESSOR is absolutely seized and possessed of or otherwise well & sufficiently owner of the residential House No.—————————- consisting of —————————————————————————— and fittings & fixtures as per detail in Annexure 1( hereinafter referred to as the DEMISED PREMISES).

AND WHEREAS, the LESSE has approached the LESSOR for taking on lease the demised premises for a term of 2 years in respect of the said demised premises at House No—————————————————————— for residential purposes of the LESSEE and for the executives of its Associates, affiliates, Group Companies, subject to the terms and conditions of this Lease Deed.

The LESSOR and the LESSE have agreed to record the terms and conditions of this Lease Deed as stated hereinafter.

NOW THIS LEASE DEED WITNESSETH AS UNDER:

1. The monthly rent for the said premises shall be Rs———————– and such rent shall be payable in advance on or before the 10th day of each calendar month (due date). Failure to make the payment of lease rentals within 10 days from the said due to date shall render the LESSEE liable to pay interest @ 18% p.a. for the delayed period. However, the delay in the payment of the Lease Rental beyond two months shall attract the provision of clause 4 hereof. Income Tax shall be deducted at source as per the prevailing Income Tax Laws and amendments made thereto from time to time. The monthly Lease rental shall be exclusive of all Electricity, Water and Maintenance Charges, which shall be paid directly by the LESSEE to the concerned authorities at actual, including any increase in the costs hereof which may come into effect with time. The Lease rentals shall be paid by way of cheques/pay order and drawn in favor of the LESSOR at Delhi.

2. After the expiry of the lease agreement, the Lessee shall vacate the demised property. However, Lessor may enter into fresh agreement with the Lessee for a mutually agreed term at the prevalent market rates. In the event THE LESSOR decides to renew the lease, fresh Lease Deed shall be made out and registered by parties hereto. In case, the Lease is not renewed as contemplated herein, LESSEE shall handover the vacant, peaceful and physical possession of the DEMANDED PREMISES to the LESSOR and the LESSOR shall refund the security deposit to the LESSEE forthwith. In case, the Lease is not renewed and the LESSEE does not handover the vacant physical possession of the DEMISED PREMISES to the LESSOR, lease rent———————————————————————————————–per day will be charged by the LESSOR from the LESSEE for the period of default.

3. LESSEE had paid an amount equivalent to (Six) months Lease rentals of Rs.————————- vide Cheque No.————– dated———— as refundable security deposit free of interest to the LESSOR which money is still with the LESSOR and shall be retained by him pursuant to the extension of the present lease deed. The LESSOR shall refund the security deposit to the LESSEE forthwith on the expiry of the term of this assignment or extended agreement or earlier vacation/ termination of this lease and physical possession of the DEMISED PREMISES in original shape and condition subject to normal wear and tear. It is clearly understood that the security deposit is being paid to ensure compliance with the terms & conditions contained herein on the part of the LESSEE. If the LESSOR fails to refund the Security Deposit at such time then the LESSE shall be entitled to interest at the rate of 18% from the date of such failure till its actual realization and the LESSEE shall continue with the possession of the premises without payment of rent till the amount of such security deposit is repaid by the LESSOR.

4. That in the event the LESSE defaults in the payment of monthly Lease rentals for a continuous period of Two Months (2 months) due to any reasons whatsoever it shall constitute the breach of this Lease Deed and, the LESSOR shall give a Registered A.D. Notice/ Letter to the LESSEE. The LESSEE shall make necessary payments, within 30 (Thirty) days of the receipt of said Registered A.D. Notice/ Letter along with interest at the rate of 18% p.a. on the delayed period in terms of Clause (2) hereof. But in case the LESSEE does not make the payment within the stipulated time, the LESSOR shall have the absolute right to terminate the Lease and re-enter the premises without any further notice. It is further agreed that on account of non-payment of the rent as mentioned above, the LESSEE will not only cease to have any rights in the DEMISED PREMISES but will also become a trespasser and the LESSOR shall be entitled to proceed against the LESSEE and evict then the DEMISED PREMISES as a trespasser.

5. The LESSEE shall use the DEMISED PREMISES for residential use only and in no case its business shall be conducted from the DEMISED PRMISES. The LESSEE shall use the DEMISED PREMISES as per the relevant laws. The LESSEE shall not do or suffer to be done in the DEMISED PREMISES anything, which may be or become a nuisance, annoyance or cause damage or inconvenience to the other occupants/owners of Golf Links, New Delhi. In case of any beach on the part of the LESSEE the entire risk and responsibility including any legal proceedings of the consequences of the same shall be entirely of the LESSEE to the exclusion of the LESSOR.

6. That the LESSEE shall not sublet, assign or otherwise part with the possession of the DEMISED PREMISES on any account whatsoever.

7. The LESSOR shall have the right to carry out interiors and furnishing without making any structural alterations, however, but with the prior approval of the LESSOR. At the expiration or earlier termination of the Lease Agreement, the LESSEE shall have the right to take back any and all furnishings they have installed. The LESSEE shall obtain all statutory/requisite permissions as may be applicable for installations and operation of all its equipment installed in the DEMISED PREMISES.

8. The LESSEE shall be entitled to obtain at its cost (if so required) sanction for additional load of electricity/ power provided however it shall ensure that the existing electrical installations are not damaged or affected.

9. That the LESSEE shall permit LESSOR or its duly authorized representative upon reasonable prior notice in writing to enter the DEMISED PREMISES at reasonable hours, for the purpose of inspection and/or carrying out any required structural repair works whenever it is necessary at a mutually agreed time. It is agreed and acknowledged by the LESSOR that such repairs will be performed in such a manned so as not to cause any inconvenience or disturbance to the LESSEE.

10. The LESSEE shall pay all charges for the Electricity and Water on the basis of Meters installed in the DEMISED PREMISES from the effective date of start of Lease as and when the LESSEE received bills/invoices from the concerned authority. Such bills when received by the LESSEE shall be deposited within the due date to the concerned authorities. Any damage done to the meters/ or meter getting burnt due to extra load/misuse by the LESSEE, shall be the sole responsibility of the LESSEE and the LESSEE hereby undertakes to get the same changed/rectified at its own cost and efforts. The LESSOR shall pay all previous electricity & meter charges up to the effective date of start of Lease.

11. That the LESSEE shall maintain the DEMISED PREMISES, in good condition and that on expiry of this Lease Deed, as the case may be, the LESSEE shall remove, forthwith all that belongs to the LESSEE and the fixtures/fittings installed their in the same conditions as the same were at the commencement of this LEASE Deed subject to normal wear and tear.

12. That the LESSEE shall be entitled to peaceful and uninterrupted use of the DEMISED PREMISES during the terms of Lease period, free from any interference, interruption or objection whatsoever claiming through and on behalf of the LESSOR. The LESSOR shall indemnify to the LESSEE in case it is found that the said demised premises is not free from all encumbrances, restrictive orders, injunctive and Les Pendence proceedings and against all and any costs, expenses, charges, out going damages and risk at all times arising from any suit, eviction, action, claim or demand whatsoever in relation to the titles of the property, to the extent of losses suffered by the LESSOR and against all covenants, representations and warranties made and agreed by the LESSOR. The LESSOR hereby assures the LESSEE that it will extend its utmost co-operation occupation in the DEMISED PREMISES during the Lease period subject to the terms and conditions as contained herein.

13. That all the applicable taxes or levies including Property Tax or any other charges on the property (except for Service Tax on Lease Rentals) payable to Government or municipal authority shall be responsibility of the LESSOR and shall be regularly paid by he LESSOR so as not to cause any interference or disturbance in the possession or enjoyment of the DEMISED PREMISES by the LESSEE.

14. That the LESSEE shall be entitled to install and use of telephones and other equipment in the DEMISED PREMISES as may be convenient to the LESSEE, but the LESSEE alone shall be responsible for all charges thereof. The LESSOR shall assist and co-operate with the LESSEE in obtaining telephone connections if required.

15. All day to day repairs, such as fuses, leakage of taps, replacement of glass panes and such other minor repairs shall be made by the LESSEE at its own cost. However, all major and structural repairs such as seepages on walls, cracks in the structure, replacement of hidden sanitary pipes shall be undertaken by LESSORS at its own cost and expenses, PROVIDED the same are not caused by the LESSEES commissions/ omissions and misuse. Such major and structural repairs shall be carried out by the LESSOR within 15 days of receiving a notice in writing for the same form the LESSEE. However, in case the LESSOR fails to remedy the said repairs within the stipulated time, then the LESSEE shall be entitled to remedy the said repairs and recover the amount spent form the rent payable to the LESSEE.

16. That if any time during the Lease Period, DEMISED PREMISES are destroyed or damaged or any other means so as to become unfit for use, occupation and habitation then the rent hereby reserved or a fair and just proportion thereof according to he nature and extent of the damage sustained shall be suspended and cease to be payable until the DEMISED PREMISES shall have been again rendered fit for use, occupation and habitation PROVIDED that this agreement shall be without prejudice to all other rights and remedies to which the LESSEE is or may be entitled by statute or otherwise including the right to terminate this Lease which the LESSEE hereby expressly reserves. However in case the DEMISED PREMISES remains unfit for use, occupation and habitation for a period exceeding 12 weeks then it would be open to the Lessee to terminate this agreement without notice.

17. That the present lease may be terminated by the LESSEE at any time upon serving a notice of three months but subject at all times to the obligation of the LESSEE to pay monthly rent for a minimum period of 12 months (lock-in-period) from the date of execution of this lease including the notice period on the terms and conditions as contained herein. In the event of the LESSEE opting for vacating the DEMISED PREMISES at any time prior to expiry of 12 months from the date of commencement of this Lease, rentals for the balance un-expired stipulated Lock-in-period of 12 months from the date of commencement of this lease shall be payable by the LESSEE to the LESSOR. In such a situation, if the LESSEE demanded refund of Interest Free Security Deposit, the Lessor shall be entitled to deduct outstanding Lease rentals from the Interest Free Security Deposit for the balance/ unexpired Lock-in-period.

18. That any notice required to be served upon the LESSEE shall be sufficiently served and given if delivered to it at the address first given above, or such other address as may by communicated later on for the purpose. That any notice required to be served upon the LESSOR shall be sufficiently served and given if delivered to it at the address first given above, or such other address as any be communicated later on for the purpose.
19. The LESSOR and the LESSEE represent that they are fully authorized empowered and competent to execute this LEASE DEED and the LESSOR shall hold the LESSEE free and harmless of any demands, claims, actions or proceedings by other in respect of peaceful possession of the premises.

20. The Lease Deed shall be made and executed in original on stamp paper and the same shall be registered as required by law. The expenses and costs including the stamp duty shall be borne by the LESSEE. The LESSOR and LESSEE have agreed that original lease deed will remain with the LESSEE and a true certified copy will be with LESSOR.

21. That any dispute arising between the LESSOR and LESSEE with regards to the terms and conditions hereof or their interpretation shall have the jurisdiction of the courts of——————-Only, if the same remain unresolved in the Arbitration proceedings to be conducted in accordance with the provisions of Arbitration proceedings to be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996 and any amendments made thereto.

22. No modifications or amendments to the terms and conditions of this Lease Deed shall be valid or binding unless made in writing and duly executed by both Parties.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS, THE DATE, MONTH AND YEAR WHICH IS WRITTEN BEFORE.
LESSOR LESSOR
WITNESSES:
1.
2.

5 Steps to File Property Taxes Online in West Bengal and Kolkata

For all of you, it is important to learn about the steps to file property taxes online in West Bengal and Kolkata. However, you must also learn about “what is property tax?”

Read More