THIS AGREEMENT is made at Gurgaon on this Day____________________
BETWEEN
___________________________S/of __________________________ Resident of _______ __________________________________________ hereinafter referred to as the “LICENSOR” (which expression shall unless it be repugnant to the context or meaning thereof, mean and include his/her/their successors, administrators, bearers and assigns) of the FIRST PART;
AND
Mr. _______________________ S/o _____________________ Resident of _____________________________________________ hereinafter called the “LICENSEE” of the SECOND PART.
WHEREAS the LICENSOR is the absolute owner and in possession of or otherwise well and sufficiently entitled to __________________ and more particularly described hereunder written.
AND WHEREAS the Licensee has approached the Licensor and requested him/her to grant a License to use and occupy the said premises for a temporary period i.e. for eleven months for the purpose of housing accommodation for the Licensee and his family.
AND WHEREAS the Licensor on the specific request and undertaking of the Licensee to vacate the said premises definitely on the expiry of the period of eleven months, has agreed to do the same on the terms and conditions hereunder mentioned.
NOW THIS INDENTURE WITNESSETH AS UNDER:
That the Licensor is the owner/allottee of the Flat No. ________________________________________________________________ (hereinafter referred to as the ‘SAID PREMISES’).
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The said Licensor hereby allows the said Licensee to occupy the said premises on the basis of Leave and License for the period of Eleven (11) months commencing from the date of this agreement viz. ____________________________________ (both days inclusive).
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That the said Licensee shall pay to the Licensor a sum of Rs.________( ___________________________________________ ) as and by way of monthly compensation for the use and occupation of the said premises to be paid on or before the First of each calendar month in advance. And the same is delivered every month to the Licensor.
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The Licensee shall deposit with the Licensor on or before execution of this agreement, a sum of Rs _________________ (Rupees ____________________________________) being the Security Deposit, FREE OF INTEREST, which will be returned to the Licensee on the expiry of this agreement or on notice of one month in advance for vacation of premises and against vacant and peaceful possession of the said premises, after deducting the cost of the damages, if any, to the fixtures / fittings and outstanding Electricity Bills/Telephone Bills, if any..
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It is expressly agreed that the Licensor shall be deemed to have the ultimate control and full control over the possession of the said premises and the Licensee shall not claim any right by way of sub-tenancy or any other right in any manner whatsoever in the said premises.
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It is also agreed that the Licensee is occupying the said premises for temporary period of Leave and License basis and it does not create any right, title and interest in the said premises by way of sub-tenancy or tenancy or otherwise. The License hereby granted to the Licensee is a revocable and nontransferable one, which is to terminated on the expiry of eleven (11) months as stated hereinabove or earlier, subject to the terms and conditions as laid down in this agreement.
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That the above said premises shall be used by the LICENSEE only for the residential purpose for himself and his immediate family and shall not be used for any other purposes and the LICENSEE shall not do any illegal activity in the said premises and if he/she shall do so then he/she shall be fully responsible for the same and shall be liable for immediate ejectment from the said premises without any prior notice in this regard. The LICENSEE shall also not store any narcotic such as liquor, bhang, RDX, explosives, crackers or any type of fire arms etc. which are prohibited by any laws of the government and the Licensee shall not allow any people of immoral reputation or allow any immoral activity in the premises.
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That either party can terminate this Leave and Licence Agreement either with one month’s notice in advance or with one month’s rent in lieu thereof.
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That the LICENSOR and/or his/her representatives, surveyors and the workmen shall have right to enter into the premises at all reasonable times for the purpose either for inspection of the said premises or for repairs.
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That the LICENSEE shall abide by the bye-laws, rules and regulation of all Govt., semi-Govt., local bodies and authorities concerned and all the clauses of Society Complex Maintenance and Management Agreement.
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That the LICENSEE shall not sub-let the said premises under his/her license and if the LICENSEE shall do so then this Leave and License Agreement shall stand cancelled automatically and the LICENSEE shall be liable for ejectment from the said premises immediately and without any prior notice in this regard.
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That the LICENSEE shall not make any addition or alteration to the said premises under his/her tenancy without the written permission of the LICENSOR, and if the LICENSEE shall do so then this Leave and License Agreement shall stand cancelled automatically and the LICENSEE shall be bound to vacate the said premises immediately.
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If the LICENSEE shall vacate the flat before 11 months, then Rs.___________/- (Rupees _________________________________________) will be deducted from the security deposit for white wash, paint and other expenses.
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Furniture and fixture provided with the flat are an integral part of this leave and licence agreement. The same shall be handed over by the LICENSEE in clear working condition upon termination of the agreement.
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Both the parties will be bound by the terms and conditions of this Leave and License Agreement.
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That the LICENSOR shall pay and discharge all taxes, charges during the period of tenancy in respect of the said house.
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That the LICENSOR shall pay the Maintenance charges for the Maintenance Agency directly and the LICENSEE shall pay before the due date, water and electricity, telephone charges as per the consumption bill(s) received from the Authorities concerned.
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That the Licensee hereby agrees to vacate and hand over the said premises on or before expiry of this agreement. If he/she fails to vacate and had over the said premises to the Licensor on expiry of this agreement, he/she agrees to pay Rs.________(Rupees _________________) per day in addition to the monthly compensation payable to the Licensor. This payment/penalty however, does not absolve the Licensee of his/her obligation to vacate the premises promptly on the termination of the License.
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The Licensee hereby admits and acknowledges that it is the express intention of the parties to this agreement that the relationship of the landlord and tenant shall not be deemed to be created hereby or otherwise between them under any circumstances whatsoever. This agreement merely confirms bare permission of Leave and License and does not create any interest into or upon the said premises s or any part thereof in favour of the Licensee. It is not intended by this Agreement to create any lease/s or any part thereof in favour of the Licensee. It is not intended by this Agreement to create any lease sub-lease or any other Rights, Titles and Interests into or upon the said premises in favour of the Licensee and the Licensee hereby agrees that under no circumstances the Licensee shall claim any right to tenancy, sub-tenancy or any other right to any nature into or upon the said premises.
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The Licensee hereby agrees to hand over the mail that may be received at the above said premises to the Licensor without any delay.
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That notwithstanding anything herein above contained to the contrary, if the Licensee fails to use the said premises for bonafide residential purposes, and/or commits any breach of the terms and conditions of this Agreement, then on happening of any such events, the Licensor shall have the right to withdraw, terminate, and revoke this Agreement with immediate effect.
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That on the expiry of the Leave & License agreement, the LICENSEE shall arrange and deliver the vacant possession of the said House to the LICENSOR.
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That the parties to this agreement agree to serve on the other 30 days notice for termination of this leave and license agreement.
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All communication/correspondence between the LICENSOR and the LICENSEE shall be made in the above addresses and the same shall be intimated to each other in writing.
IN WITNESS WHEREOF THIS LEAVE & LICENSE AGREEMENT is signed and sealed by the within named parties in the presence of the following witnesses:
WITNESSES
1. LICENSOR
2. LICENSEE
1.
2.
