LEAVE AND LICENSE AGREEMENT
This LEAVE AND LICENSE AGREEMENT is made at Panaji, Ilhas Goa, on this ……………………..
___________(LICENSOR)____________, aged _____yrs, in business, an Indian National and residing at _________________________________, hereinafter called as the “LICENSOR” (which expression shall unless repugnant to the context or meaning thereof be deemed to include her heirs, successors, legal representatives, executors, administrators and assigns) OF THE FIRST PART.
__________LICENSEE___, registered at ………………………….., through, its company representative, MR/MRS/MISS ____________, hereinafter referred to as the “LICENSEE” (which expression shall unless repugnant to the context or meaning thereof be deemed to include all his heirs, successors, directors, liquidators, executors, administrators, legal representatives and assigns) OF THE SECOND PART.
WHEREAS the LICENSOR is the lawful owner in possession of all that House/Apartment/Flat No_____ having a super-built up area of _____sq.mts located on the ______ floor of the building “___” in the Housing Complex "_______ " situated at _______, within the limits of ___________, Taluka ______, Registration Sub-District of ______, District of North/South Goa and State Of Goa hereinafter referred to as the SAID FLAT/HOUSE/APARTMENT and described in detail in the Schedule –I appearing herein under.
AND WHEREAS the LICENSEE has requested the LICENSOR to allow the LICENSEE to use and occupy the SAID House/Apartment/Flat for a temporary period of 11months on leave and license basis (and not as tenant) together with the fixtures and fittings therein belonging to the LICENSOR, the list whereof is made out in Schedule –II appearing hereunder.
AND WHEREAS the LICENSOR has agreed to give the SAID House/Apartment/Flat to the LICENSEE on leave and license basis and have informed the LICENSEE that same is only for a temporary occupation and they will be requiring the same for their personal occupation.
AND WHEREAS, both the parties have decided to put down in writing the terms and conditions of their Agreement.
NOW THIS INDENTURE WITNESSED AS FOLLOWS:-
1. The LICENSOR hereby grants to the LICENSEE leave and license to occupy the SAID House/Apartment/Flat and also to use the fixture and fittings therein belonging to the LICENSOR.
2. The LICENSE shall commence from ___________ and expire on_ ___________ i.e 11months
3. The LICENSEE shall pay to the LICENSOR the Leave and License fee of Rs _________/- (In Words - Rupees_________________Only) per month, in advance, on or before the third day of every month towards occupation of the SAID House/Apartment/Flat for the month. No reduction will be allowed for a period for which the Licensee has not occupied the said House/Apartment/Flat.
4. The LICENSEE shall pay ____ months rent as Security Deposit amounting to Rs. ________/- (In Words - Rupees _________________ Only) to be paid to the LICENSOR on the day of execution of this Agreement which is an interest free security deposit to be refunded at the time of expiry of the present license and on receiving possession of the said House/Apartment/Flat, subject to adjustment of outstanding dues and damages from the LICENSEE if any. The Security Deposit i.e. Rs _______/- (In Words - Rupees _____________ Only) is Non-refundable in case of termination of this Leave and License Agreement prior to the completion of 6 months from the date of commencement of this license.
5. The Electricity Charges per month in respect of the SAID FLAT/HOUSE/APARTMENT shall be paid by the LICENSEE to the LICENSORS in accordance with the meter reading/electricity bill.
6. The LICENSEE shall pay Rs.____/- (In Words - Rupees______Only) per month to the LICENSORS towards Water Charges. This rate is subject to revision in case of an increase in the rates of Water Charges during the period of this agreement.
7. The Telephone and Broadband Charges per month in respect of the SAID FLAT/HOUSE/APARTMENT shall be paid by the LICENSEE to the LICENSORS in accordance with telephone and broadband bill.
8. The LICENSEE shall pay Rs.____/- (In Words-Rupees__________ Only) to the LICENSORS towards Gas Cylinder Refill charge for every refill cylinder. This rate is subject to revision in case of an increase in the rates of LPG during the period of this agreement.
9. The LICENSEE shall pay Rs._______/- (In Words-Rupees______________Only) to the LICENSOR as a one time payment for Installation of Cable TV Connection. Thereafter the LICENSEE shall pay Rs._____/- (In Words-Rupees______Only) per month to the LICENSOR towards cable connection rental. This rate is subject to revision in case of an increase in the rates of Cable TV Charges during the period of this agreement.
10. The LICENSEE shall pay an amount of Rs.________/- (In Words - Rupees __________ Only) per annum to the LICENSOR towards Society Maintenance Charges, to be paid at the time of signing of this agreement, which is non-refundable in the event of termination of this leave and license agreement prior to completion of 11months from the date of commencement of this license.
11. The LICENSEE shall keep the premises in good and proper condition and shall not damage the walls, floors, doors, windows and other fixtures and fittings as described in Schedule II.
12. The LICENSEE shall use the said premises for himself and no other person.
13. The LICENSEE shall not use the SAID House/Apartment/Flat to conduct any activity that may be construed of as being illegal or in violation of the law of the land.
14. The LICENSEE shall not do any alteration in the said premises without the written consent of the LICENSORS. However minor repairs pertaining to the SAID House/Apartment/Flat shall be done by the LICENSEE at their owns cost.
15. The LICENSEE agrees to compensate for the damages of any serious nature to the said House/Apartment/Flat.
16. The LICENSEE shall not hand over the SAID House/Apartment/Flat to any other person, firm, organization or establishment without the express written permission of the LICENSORS.
17. The LICENSEE and/or any other person or persons on behalf of the LICENSEE shall not store any dangerous, inflammable / combustible substance or other dangerous goods in the SAID House/Apartment/Flat or in its vicinity.
18. The LICENSEE is not authorized to sign any documents on behalf of the LICENSORS in respect of the SAID FLAT.
19. The LICENSEE shall allow the LICENSORS or her agents’ at all reasonable times during the term of the agreement, to enter upon the premises and inspect the conditions thereof.
20. The LICENSEE and or any other persons on his/her behalf shall not create any nuisance to the other occupants in the vicinity.
21. Upon the expiry of this leave & license agreement on __________, of The SAID FLAT/HOUSE/APARTMENT, the LICENSEE shall undertake to restore forthwith peaceful and vacant possession of the said flat along with all its furniture, fixtures, fittings & electrical appliances etc as described in Schedule II in a good condition. The LICENSEE undertakes to hand back the said flat on expiry of the leave & license agreement period on _____________ or on termination of this agreement, to the LICENSOR, without going to court or creating any dispute whatsoever with the LICENSOR.
22. The LICENSEE is at liberty to vacate the SAID FLAT during the Agreement period by giving 3 months prior notice in writing or the rent in lieu of the notice period.
23. It is hereby agreed that if the LICENSEE commits default in payment of the monthly compensation as aforesaid or commits breach of any of the terms, covenants and conditions of this leave and license, the LICENSORS shall be entitled to revoke this license forthwith and on such revocation being made the LICENSEE shall within 15 days from the date of receipt of the notice of revoking the leave and license addressed to the LICENSEE at the said premises, remove all articles and things belonging to him and hand over peaceful possession of the said premises along with furniture, fixtures and fittings provided therein to the LICENSORS. If the LICENSEE fails to comply with any such notice and/ or fails to remove articles and things belonging to him/her lying in the said premises, in that event the LICENSORS or their agent can remove the articles lying in the said premises and that the LICENSORS is not liable or responsible for any liability, damage or loss that may be caused.
24. It is hereby expressly agreed and declared by the LICENSEE that he shall use and occupy the said premises as LICENSEE and shall not claim any interest or tenancy rights or sub-tenancy rights or any other claim whatsoever in the said premises.
25. Breach of any of the terms and conditions of this Agreement shall entitle the LICENSORS to revoke this license and forfeiture of Security Deposit Amount.
26. The LICENSEE hereby agrees that he is entirely responsible for the security of his belongings and persons staying in the said premises and the LICENSOR shall not be liable to pay damages to the LICENSEE towards damage or theft or bodily harm to any person/persons staying within the said premises.
DESCRIPTION OF THE SAID HOUSE/FLAT/APARTMENT.
All that Flat/House/Apartment No _____, having super built up area of ____sqmts. Located on the _____ floor of the building “__” in the said Housing Complex “___________” situated in all that land comprised in ________of__________ admeasuring _____sqmts. Of the property known as “_________” described in the Land Registration Office of _____ under No. _____ at page ___ of Book____ and also enrolled in Taluka Revenue Office of _____ under Matriz No-____ with boundaries as under:-
NORTH: By the property ___________________________________________
SOUTH: By the property ___________________________________________
EAST: By the property ___________________________________________
WEST: By the property ___________________________________________
IN WITNESS WHEREOF, the LICENSOR and the LICENSEE have hereto set their respective hands and seal the day and the year first above written.
SIGNED, SEALED AND DELIVERED
BY THE WITHINNAMED “LICENSORS”
SIGNED, SEALED AND DELIVERED
BY THE WITHINAMED “LICENSEE”
IN THE PRESENCE OF:
LIST OF FURNITURE, FIXTURES & FITTINGS PROVIDED IN THE SAID FLAT