AGREEMENT TO PROVIDE SECURITY SERVICES TO HOSPITALS

AGREEMENT FOR PROVIDING SECURITY SERVICES


THIS AGREEMENT made on this ......... day of ....... 2009, between ________________ , A PRIVATE HOSPITAL MANAGED AND OWNED BY ______________ and located at ________ cross, _______________. (hereinafter referred to as “HOSPITAL” which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the ONE PART and _______________________ ____________________________ having its registered office at .......... (hereinafter referred to as “AGENCY” which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the OTHER PART.

WHEREAS “HOSPITAL” is having its Hospital/premises at _______________________________________________ (hereinafter referred to as "the premises" which mean and include every moveable and immoveable property within the boundary of the premises either belonging to “HOSPITAL” or clients of “HOSPITAL”) and wishes to engage security guards to provide security for the premises;


AND WHEREAS “AGENCY”, who provides security services to the Hospitals, industrial units, other organisations and institutions has offered to provide security services to HOSPITAL at the premises and HOSPITAL has agreed to avail the said services;


NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. The “AGENCY” shall provide __________________ security guards to keep watch and for protection of the premises as per the HOSPITAL's requirement. The security guards provided by the “AGENCY” will be for twenty-four hours in the shift of 8 hours and shall provide complete security arrangement and protection of the site round the clock.

2. The “AGENCY” shall provide the guard's table at the front door of the premises to the security guards and the said guards shall check all the vehicles, personnel and visitors entering into and going out of the premises as per the instructions issued by the HOSPITAL's representative from time to time and shall maintain proper record of the same. Guard shall forsee that all visitors shall maintain absolute silence in the Hospital premises. Guard shall forsee that no one is allowed to smoke in and near the Hospital premises. Guard shall forsee that no in patient shall ran away without paying hospital charges. Each guard before taking charge has to write up in dairy the number of inmates in hospital and number of discharged and admitted during his duty hour, and the same be reported to next incharge. The agency shall arrange for three times check about number of inmates per 24 hours to tally the missing or to avoid any unwanted intrusion

3. The “AGENCY” shall provide its security guards with necessary uniform, arms, Stick/Litchis and torch and other equipment etc. required for the effective discharge of security services to the HOSPITAL at its own expenses. The “AGENCY” will obtain licence, if any, required under the local or central laws for providing security services to the HOSPITAL. No residential facilities shall be provided by the Hospital. It has to be arranged by the “AGENCY” .

4. The “AGENCY” shall ensure that the security guards provided by it maintain proper discipline and they do not, in any manner, cause any interference, annoyance or nuisance to the management and staff of the HOSPITAL or its business or work or its officers/ employees/other contractors. The guards shall keep visitors dairy and shall take details of every visitor. Shall not allow tender coconut shells inside and chappals/shoes and heavy luggage’s without having clear check and permission.

5. The “AGENCY” agrees and undertakes that the security services provided by the security guards shall be to the complete satisfaction of the HOSPITAL and the “AGENCY” will make it clear to the security guards that the latter are employees of the “AGENCY” and they shall have no claims against the HOSPITAL and the HOSPITAL shall not be liable to wages, salary, compensation and any statutory benefits due to the security guards under the labour law and other legislation and the “AGENCY” shall be responsible for providing such amenities to its employees admissible under the law/rules/service conditions. The agency shall be responsible for the payment of salary/wages and deduction of PF and Insurance premium/bonus etc. of Guards as per the provisions under the Wages Act. The hospital shall not be responsible for any type of payment to the Guards.

6. The “AGENCY” shall deposit security deposit of Rs _________ as security towards performance of the stipulated agreement. Which amount is refundable after closing of agreement subjected to any other clauses of this agreement.

7. The “AGENCY” shall have to provide service for protection of all the property of the hospital for twenty four hours for all days of week in the form of shifts. In normal course, no Guards should be placed for two continuous shifts. The Guards will protect the hospital staff sees to it that the rush in OPD is taken care off in a disciplined manner. Security of the hospital staff and doctors to have disciplined enforced in the hospital and to prevent any theft of hospital materials.

8. The “AGENCY” will indemnify HOSPITAL against any claim, loss or damage that may be caused to the HOSPITAL due to wilful acts or omissions or carelessness or negligence of the security guards employed by the “AGENCY”, while on duty.

9. The HOSPITAL shall pay a sum of Rs.__________________________ ________________________________________________________________________________ for the services provided by the “AGENCY” on submission of the bill by the “AGENCY” by 10th day of the following month. The HOSPITAL shall not make any payment to the security guards and payment will be made to the “AGENCY” only.

10. The HOSPITAL shall be entitled to supervise the services provided by the “AGENCY” and if it finds that the conduct, behavior or performance of work of any of its security guard is unsatisfactory, it may issue directions to the “AGENCY” to immediately recall the particular person and substitute him by another and the “AGENCY” shall comply with such directions issued by the HOSPITAL forthwith.

11. The “AGENCY” shall have to provide all the personal information (Permanent Address, pp size photo, health certificate, identification from his inhabited, Id of Govt, his family details, etc as may be additionally summoned from time to time) regarding each security guard before deputing to the premises of HOSPITAL.

12. The “AGENCY” shall have to provide the services this cannot be entrusted to any other agency or sub-agency. If it is found so, their Security Deposit will be forfeited and the agreement will be cancelled.


13. The “AGENCY” shall have to provide the services of strong and healthy trained Guards preferably Ex-Military guards with sound physical condition, in age group of 25 to 40 years, height 5’ 6”. Their names passport size photographs address, identity cards, fingerprints, gun license etc. have to be provided to the Hospital, for records.

14. The “AGENCY” and staff should give full cooperation to the Police in case of inquiry regarding damage caused to the property of the Hospital.


15. The “AGENCY” shall be responsible for security of the hospital building and other buildings in the campus as well as equipments, furniture trees, garden etc. The agency deputed guards should take care and operations of gas cylinders and their replacement/ on and off whenever instructed, with due care and caution. The agency shall take care of on/off of water pump whenever instructed/overflowed.

16. The “AGENCY” shall be responsible for any type of damage to any property of the hospital arised because of theft, arson, looting etc. If after the Police complaint, no other is found responsible for such cause the agency shall be responsible to pay partly all the damage.

17. The “AGENCY” shall If any Guards are found drunken or engaged in other antisocial activities like gambling etc. they shall have to be relieved from the duties immediately and in such matter decision taken by the HOSPITAL shall be final.

18. The “AGENCY” shall see that it have to maintain muster roll, payment sheet, identity cards etc. and have to produce before the Hospital when it is demanded. At the time of changing the shift the Guards shall have to sign the register of hand over, take over charge. They shall also make note of any remarkable incident occurred during their duty time and shall bring the same to the notice of the HOSPITAL immediately and if any offence has taken place immediately has to file complaint with police.

19. For any injury/accident to the Guards on duty the “AGENCY” shall be responsible for legal obligation. The hospital shall not be responsible.

20. This agreement will be for a period of one year from the date of execution of this agreement. The HOSPITAL shall, in the event of the “AGENCY” committing any breach of any of the terms and conditions of this agreement or if the services provided by the “AGENCY” is considered to be unsatisfactory by the HOSPITAL or for any other reason considered by the HOSPITAL as in-sufficient, be entitled to terminate this agreement by giving one month's notice in writing and the “AGENCY” shall not be entitled to any compensation in case of such termination. The “AGENCY” may also terminate this Agreement by giving one month's notice in writing to the HOSPITAL.

21. On expiry or earlier determination of this agreement, the “AGENCY” and the security guards shall quit the premises, without in any way causing any damage to the said premises and the property therein.

22. In case of any dispute or difference arising between the parties under this agreement, the decision of Mr _______________________________, who is mutually agreed to be the arbitrator, will be final.

23. The stamp duty on this agreement and duplicate thereof shall be borne by the “AGENCY”. The original shall be retained by the HOSPITAL and the “AGENCY” shall retain the duplicate.

24. Unless otherwise agreed upon, the respective addresses for communication in respect of any matter relating to this agreement shall be as under:-

For the AGENCY ...........................................................




For the HOSPITAL ............................................................




IN WITNESS WHEREOF, the parties have caused their common seal to be affixed to these presents and the duplicate, the day and year first hereinabove written.


AGENCY HOSPITAL.



WITNESSES;
1.

2.

MODEL AFFIDAVIT TO BE SUBMITTED TO ASSISTANT COMMISSIONER FOR 79A & 79B NOTICE

ಪ್ರಮಾಣ ಪತ್ರ

__________ ನಗರದ ___________________ ಬಡಾವಣೆಯಲ್ಲಿ ವಾಸವಾಗಿರುವ _____________________________ ಮಗ ಸುಮಾರು ____________ ವರುಷ ವಯಸ್ಸಿನ _____________________ ಆದ ನಾನು ದೇವರ ಹೆಸರಿನಲ್ಲಿ ಪ್ರಮಾಣ ಮಾಡಿ ಹೇಳುವುದೇನೆಂದರೆ,

ನಾನು ____________ ತಾಲ್ಲೂಕು _______________ ಹೋಬಳಿ _______________ ಗ್ರಾಮದ ಸ.ನಂ. ___________ ರಲ್ಲಿ ವಿಸ್ತೀರ್ಣ _______________ ಜಮೀನನ್ನು ಕ್ರಯಕ್ಕೆ ಪಡೆದಿದ್ದು, ಜೆ ಸ್ಲಿಪ್ ನಂತೆ ನನ್ನ ಹೆಸರಿಗೆ ಖಾತೆ ಮತ್ತು ಪಹಣಿಯನ್ನು ಬದಲಾವಣೆ ಮಾಡುವ ಬಗ್ಗೆ ರಾಜಸ್ವ ನಿರೀಕ್ಷಕರು ___________________ ಹೋಬಳಿ ಇವರು ಭಸುಧಾರಣಾ ಕಾಯಿದೆ ೧೯೬೧ ರ ಕಲಂ ೭೯ಎ ಮತ್ತು ೭೯ಬಿ ಪರಿಶೀಲನೆಯಡಿ ಎಂ. ಆರ್. ವಜಾಕರಿಸಿರುತ್ತಾರೆ.

ನಮ್ಮ ಕುಟುಂಬದಲ್ಲಿ ಈ ಕೆಳಕಂಡ ಸದಸ್ಯರಿರುತ್ತೇವೆ.

ಸಂ ಹೆಸರು ವಯಸ್ಸು ಸಂಬಂದ - ಪ್ರಮಾಣಕರ್ತನಿಗೆ ವೃತ್ತಿ
೧ ವರ್ಷ ಪ್ರಮಾಣಕರ್ತ
೨ ವರ್ಷ ಹೆಂಡತಿ
೩ ವರ್ಷ ತಂದೆ
೪ ವರ್ಷ ತಾಯಿ

ನಾನು _____________ ವೃತ್ತಿ ಮಾಡುತ್ತಿದ್ದು ಆದಾಯ ತೆರಿಗೆ ಪಾವತಿದಾರನಾಗಿದ್ದು, ನನ್ನ ಹೆಂಡತಿ ಗೃಹಿಣಿಯಾಗಿದ್ದು, ನನ್ನ ತಂದೆಯವರು _____________-ರಾಗಿದ್ದು, ನಮ್ಮ ತಾಯಿಯವರು ಗೃಹಿಣಿಯಾಗಿದ್ದು ಮತ್ತು ಮಕ್ಕಳು ಮೈನರ್ ರಾಗಿರುತ್ತಾರೆ. ನಾನು _------------ ವೃತ್ತಿ ಮಾಡುತ್ತಿದ್ದು, ಆಧಾಯ ತೆರಿಗೆ ಅಸ್ಸೆಸ್ಸಿಯಾಗಿದ್ದು ಜಮೀನು ಕ್ರಯಕ್ಕೆ ಪಡೆದ ದಿನದಿಂದ ಐದು ವರ್ಷಗಳಲ್ಲಿ ನನ್ನ ಕೃಷೀಯೇತ ಆಧಾಯವು ಕೆಳಕಂಡಂತೆ ಇರುತ್ತದೆ

೨೦೦೨-೨೦೦೩ ರೂ
೨೦೦೩-೨೦೦೪ ರೂ
೨೦೦೪-೨೦೦೫ ರೂ
೨೦೦೫-೨೦೦೬ ರೂ
೨೦೦೬-೨೦೦೭ ರೂ
೨೦೦೭-೨೦೦೮ ರೂ

ಮೇಲ್ಕಂಡಂತೆ ನನ್ನ ಕೃಷೀಯೇತರ ಆದಾಯವಿದ್ದು ಈ ಆದಾಯ ಮತ್ತು ____________ ಹೋಬಳಿ ___________ ಗ್ರಾಮದ ಸರ್ವೆ ನಂ.____________ ರಲ್ಲಿ ___ ಎಕರೆ ______ ಗುಂಟೆ ಜಮೀನು ನಮ್ಮ ತಂದೆ /_____________ಹೆಸರಿನಲ್ಲಿದ್ದು ಈ ಜಮೀನಿನಲ್ಲಿ ನೀಲಗಿರಿ ಮರಗಳ ಮಾರಾಟದಿಂದ ಬಂದಂತಹ ಹಣವನ್ನು ಕ್ರೋಡೀಕರಿಸಿ ಮೇಲ್ಕಂಡ ಜಮೀನನ್ನು ಕ್ರಯಕ್ಕೆ ಪಡೆದಿರುತ್ತೇನೆ ಹಾಗು ನಮ್ಮ ತಂದೆಯ ಹೆಸರಿನಲ್ಲಿ ಮೇಲ್ಕಂಡಂತೆ ಜಮೀನಿದ್ದು ಇದರಿಂದಾಗಿ ನಾನು ಕೃಷಿ ಕುಟುಂಬಕ್ಕೆ ಸೇರಿದವನಾಗಿರುತ್ತೇನೆ.

ಮೇಲ್ಕಂಡಂತೆ ಕೃಷೀಯೇತರ ಆದಾಯ ಸರಾಸರಿ ವಾರ್ಷಿಕ ೨ ಲಕ್ಷಕ್ಕಿಂತ ಕಡಿಮೆ ಇದೆ. ಆದ್ದರಿಂದ ಭೂಸುಧಾರಣ ಕಾಯಿದೆ ಕಲಂ ೭೯ಎ ಮತ್ತು ೭೯ಬಿ ಉಲ್ಲಂಘನೆ ಮಾಡಿರುವುದಿಲ್ಲ, ಆದ್ದರಿಂದ ಜಿ ಸ್ಲಿಪ್ ನಂತೆ ________________ ಹೋಬಳಿ ______________ಗ್ರಾಮದ ಸರ್ವೆ ನಂ. ____________ ವಸ್ತೀರ್ಣ _____________ ಗುಂಟೆ ಜಮೀನಿನ ಖಾತೆ ಮತ್ತು ಪಹಣಿಯನ್ನು ಬದಲಾವಣೆ ಆದೇಶ ನೀಡಲು ಪ್ರಾರ್ಥಿಸಿಕೊಳ್ಳುತ್ತೇನೆ.

ಈ ಮೇಲ್ಕಂಡ ಪ್ರಮಾಣ ಪತ್ರವನ್ನು _____________ ಉಪ ವಿಬಾಗಾಧಿಕಾರಿಗಳ ನ್ಯಾಯಾಲಯಕ್ಕೆ ಸಲ್ಲಿಸಲು ಪ್ರಮಾಣಿಕರಿಸಿರುತ್ತೇನೆ.

ಈ ಮೇಲೆ ಹೇಳಿದ ಅಂಶಗಳು ಸತ್ಯವಾಗಿದ್ದು ಕೃಷೀಯೇತರ ಆದಾಯದ ಬಗ್ಗೆ ಆದಾಯ ತೆರಿಗೆ ಪಾವತಿದಾರರಾಗಿದ್ದರೂ ಆದಾಯ ತೆರಿಗೆ ಪಾವತಿದಾರರಲ್ಲವೆಂದು, ಉದ್ಯೋಗದಲ್ಲಿದ್ದರೂ ಉದ್ಯೋಗದಲ್ಲಿರುವುದಿಲ್ಲವೆಂದು ಹಾಗೂ ಇತರೆ ವ್ಯಾಪಾರ ವಹಿವಾಟು ಮಾಡುತ್ತಿದ್ದರೂ, ಮಾಡುತ್ತಿಲ್ಲವೆಂದು ತಪ್ಪು ಮಾಹಿತಿ ನೀಡಿ ಕೃಷಿಯೇತರ, ಆದಾಯದ ವಿವರದ ಬಗ್ಗೆ ಸುಳ್ಳು ಮಾಹಿತಿ ನೀಡಿರುವುದು ಮುಂದೆ ಕಂಡು ಬಂದಲ್ಲಿ ರುಜುವಾತಾದಲ್ಲಿ ಉದೇಶಿತ ಜಮೀನನ್ನು ಸರ್ಕಾರಕ್ಕೆ ಮುಟ್ಟುಗೋಲುಹಾಕಿಕೊಳ್ಳಲು ಒಪ್ಪಿ ದೇವರ ಹೆಸರಲ್ಲಿ ಪ್ರಮಾಣ ಮಾಡಿ ರುಜು ಮಾಡಿರುತ್ತೇನೆ.

ನನ್ನಿಂದ ಗುರುತಿಸಿದೆ

ವಕೀಲರು ಪ್ರಮಾಣಕರ್ತ

MODEL GENERAL POWER OF ATTORNEY BY PERSON RESIDING ABROAD

GENERAL POWER-OF-ATTORNEY

THIS POWER-OF-ATTORNEY is executed on this the .......... day of........................... in the year.............................. by me, ............................... daughter of ............................... aged......... years permanently residing in............................... working in............................... holder of Passport No................ issued at............................. by the Indian Embassy, presently having come down to ............................... and temporaily residing in ............................................ in favour of my mother............................... aged........... residing in ............................... whose specimen signature is attested herein below,

WHEREAS I am permanently employed and working in..............................and I am consequently unable to look after the affairs of my properties and belongings in India, particularly in .........................; and

WHEREAS my mother mrs ..............................is competent to look after my affairs as effectively and efficiently as I myself can do; and

WHEREAS it may be necessary for me to dispose of encumber, alienate or otherwise deal with my property, more specifically the property having an extent of......................... in Sy. No/municipal khatha no: ........... of ......................... Village,/town ......................... District, ..........State with the building situated thereon bearing No. ...............; and

WHEREAS I, the aforesaid .......................... for the purpose of carrying out the various acts, deeds and things, am desirous of appointing my mother .......................... residing in......................... as-my attorney.

I hereby appoint her my attorney in my name and on my behalf to execute or to do all or any of the following deeds, acts or things, which I have to do relating to, and in connection with, the property and the building referred to above:—

1. To give, move and present before the appropriate authorities, applications, petitions, affidavits etc. necessary for the purpose of doing acts, deeds and things in relation to the land and the building referred to above.

2. To execute, sign, enter into, acknowledge perfect and do all such conveyances, leases, mortgages, transfers, surrenders, releases, assurances, deeds, agreements, instruments, acts and things as shall be requisite or as the said attorney may deem necessary or proper for or in relation to all or any of the purposes or matters aforesaid.

3. To sign, execute, present for registration, register, admit execution or registration or otherwise perfect or cause to be signed, executed, registered and perfected any agreement, lease, conveyance, reconveyance and other assurances in respect of the property referred to above, which may, in the opinion of my said attorney be expedient or necessary;

4. To represent me before all Government, Municipal, local or any other authorities constituted for any purpose whatsoever and to receive compensation and to give discharge in regard to any claim whatsoever arising howsoever in regard to the aforesaid properties.

5. To lease out the building or to do such other thing in relation to the use or occupation of the building or in any other manner which is permissible under law.


6. To apply for demand, sue for,, recover receive and from all and every or any person or persons whomsoever concerned or chargeable therewith all and every sum or sums of money, debts, goods, effects, securities, stocks, shares, debentures, fixed deposit receipts, rent and interests which shall or may belong to or be or become due or payable to me. -

7. To take possession of all property, lands and tenements as I am now or may in any way during my absence from India become entitled to and to bring any action or other proceeding in respect or for or concerning all or any such property, lands or tenements and also to demand, receive, recover and give receipts for the rents and profits thereof respectively for my use and to let, mortgage or create charge or sell or absolutely dispose of and convey the same or any part thereof or to join with any other persons or person having or who may hereafter have a share or interests with me in any property, lands or tenements in letting, selling or absolutely disposing of the same.

8. To sign in my name and as may act and deed, to execute, verify and deliver and plaint, written statement, affidavits, complaints, contract, agreement, lease, mortgage or assignment or conveyance of and concerning any property, land or tenement belonging or which may hereafter belong to me or any part thereof and to receive and sign and give or to join the signing and giving receipts or discharges for the moneys arising from such matters, transfers or transfer.

9. To appear before any registering authority and to present before him any instrument whether signed and executed by me or by my said attorney to admit the execution of the said deed or deeds, to admit the receipt of consideration and to do any act, deed or thing that may be necessary to complete the registration of the said deed or deeds and, when it has or they have been returned to them or him after being duly registered, to give proper receipts and. discharges for the same.

10. To commence, carry on, or defend all actions and other proceedings concerning my property, whether movable or immovable or any part thereof or concerning anything in which I may be a party, And to compound, compromise or submit to arbitration all actions, suits, accounts, claims and disputes between me and any other person or persons. And to engage any pleader, lawyer or advocate or Chartered Accountant to conduct any case, suit, appeal or other proceedings, concerning anything in which I may have any interest.

11. To accept the transfer of any stock, funds, shares, annuities and the securities which shall or may at any time hereafter be transferred to me and to vote at the meeting of any company, or otherwise to act as my attorney or proxies in respect of any stocks, shares or other investments now held or which may hereafter be acquired by me in any company.

12. To invest any of my moneys in such manner, at such rate of interest and upon such security as my said attorneys shall in his absolute discretion think fit, and from time to time to alter and vary the said investments, as aforesaid, to deposit the said moneys or any part thereof with any Financial Institution, Bank, Unit Trust of India or whom my said attorneys shall think fit to entrust.

13. For any of the purposes aforesaid and generally in my name and as my act to draw, endorse and sign any cheque or other negotiable instrument, dividend or interest warrants or other investments payable to me and to deposit in and operate upon the accounts standing in my name now or hereafter at any Bank or elsewhere.

14. To appoint and remove in his absolute discretion any substitute for or agent under my said attorney in respect of all or any of the matters aforesaid, upon such terms as he may think fit.

15. And generally to act as my attorney or agent in relation to the aforesaid properties and all other matters related thereto and on my behalf and for me to execute and do all instruments, acts, deeds, matters and things as fully and effectually in all respects as I myself could do if I were personally present. And execute and perform all and every other act, matter and thing whatsoever in any wise, necessary or expedient to be done in my concerns and business of every or any nature or kind arising during my absence from India as fully and effectually as if I were personally present to do the same.


AND I hereby ratify and confirm all such acts, deeds and things done by my said attorney by virtue of these presents and I hereby agree that the same shall be binding on me as if it were done by me and I undertake to ratify and confirm all and whatsoever my said attorney shall do or cause to be done by virtue of this power-of-attorney.

IN WITNESS WHEREOF, I, the aforesaid .......................... have signed this deed of power-of-attorney on this the.......... day of .................... in the presence of the following witnesses:

Executant



Specimen signature of the Attorney. ;

Witnesses:

1.
2.


Executed and signed before me in my Office at.........................on this the.......... day of....................

(Seal & Signature of the Indian Embassy)

TIPS TO FRAME A LEASE / RENTAL DEED

TIPS TO FRAME LEASE OR RENTAL AGREEMENT.


NAMES OF ALL TENANTS

Every adult who lives in the rental unit, including both members of a married or unmarried couple, should be named as tenants and sign the lease or rental agreement. This makes each tenant legally responsible for all terms, including for the full amount of the rent and the proper use of the property. This means that you can legally seek the entire rent from any one of the tenants should the others skip out or be unable to pay; and if one tenant violates an important term of the tenancy, you can terminate the tenancy for all tenants on that lease or rental agreement.


LIMITS ON OCCUPANCY

Your agreement should clearly specify that the rental unit is the residence of only the tenants who have signed the lease and their minor children. This guarantees your right to determine who lives in your property -- ideally, people whom you have screened and approved -- and to limit the number of occupants. The value of this clause is that it gives you grounds to evict a tenant who moves in a friend or relative, or sublets the unit, without your permission.


TERM OF THE TENANCY

Every rental document should state whether it is a rental agreement or a fixed-term lease. Rental agreements usually run from month-to-month and self-renew unless terminated by the landlord or tenant. Leases, on the other hand, typically last for certain years. Your choice will depend on how long you want the tenant to stay and how much flexibility you want in your arrangement.


RENT

Your lease or rental agreement should specify the amount of rent, when it is due (typically, the first of the month), and how it's to be paid, such as by mail to your office. To avoid confusion and head off disputes with tenants, spell out details such as: acceptable payment methods (such as personal check only), whether late fees will be due if rent is not paid on time, the amount of the fee, and whether there's any grace period, and any charges if a rent check bounces.


DEPOSITS AND FEES

The use and return of security deposits is a frequent source of friction between landlords and tenants. To avoid confusion and legal hassles, your lease or rental agreement should be clear on: the amount of the security deposit, how you may use the deposit (for example, for damage repair) and how the tenant may not use it (such as applying it to last month's rent), when and how you will return the deposit and account for deductions after the tenant moves out, and any legal non-returnable fees, such as for cleaning or pets created damages.



REPAIRS AND MAINTENANCE

Your best defense against deductions in security deposits is to clearly set out your and the tenant's responsibilities for repair and maintenance in your lease or rental agreement, including: the tenant's responsibility to keep the rental premises clean and sanitary and to pay for any damage caused by his or her abuse or neglect, a requirement that the tenant alert you to defective or dangerous conditions in the rental property, with specific details on your procedures for handling complaint and repair requests, and restrictions on tenant repairs and alterations etc.,


ENTRY TO RENTAL PROPERTY

To avoid tenant claims of illegal entry or violation of privacy rights, your lease or rental agreement should clarify your legal right of access to the property -- for example, to make repairs -- and state how much advance notice you will provide the tenant before entering.


RESTRICTIONS ON TENANT ILLEGAL ACTIVITY

To avoid trouble among your tenants, prevent property damage, and limit your exposure to lawsuits from residents and neighbors, you should include an explicit lease or rental agreement clause prohibiting disruptive behavior, such as excessive noise, and illegal activity, such as drug dealing.


PETS

If you do not allow pets, be sure your lease or rental agreement is clear on the subject. If you do allow pets, you should identify any special restrictions, such as a limit on the size or number of pets or a requirement that the tenant will keep the yard free of all animal waste.


OTHER RESTRICTIONS

Be sure your lease or rental agreement complies with all relevant laws including rent acts, ordinances, health and safety codes, occupancy rules, and anti-discrimination laws. State stamp and registration laws are especially key, notice requirements for entering rental property, tenants' rights to sublet or bring in additional occupants and rules for changing or ending a tenancy.


LIMITS ON THE TYPE OF BUSINESS

Any other legal restrictions, such as limits on the type of business a tenant may run from home, should also be spelled out in the lease or rental agreement. Important rules and regulations covering parking and use of common areas should be specifically mentioned in the lease or rental agreement


EXAMPLES AND SAMPLES OF CLAUSES

A. To keep the said land and buildings in good and substantial repair and deliver the same up to the Owner at the end of the term in good and substantial repair;

B. To permit the Owner or his agent to enter at all reasonable times to view the condition of the premises and to make good all defects there found, within three months after notice;

C. To permit the Owner his agent servants or workmen to enter and carry out all or any of the repairs which the Builder is liable to execute in all cases in which the Builder shall not execute the same within three months after receiving notice so to do and in such cases to pay to the Owner on demand the costs of such repairs but such covenant shall in no way relieve the TENANT from his liability to execute such repairs;

D. To insure and keep insured the said buildings in the joint names of the tenant and Owner against fire insurance and at all times, when required, to produce the policy of insurance, and the receipts of the respect of the same premiums in to the Owner or his agent, and to cause any money received by virtue of any such insurance to be forthwith applied in reinstating the premises, and if the same shall be insufficient to make up the defficiency;

E. To pay, a reasonable proportion towards the costs and expenses of making, supporting and repairing all pavements, fences, and party walls, sewers and drains, belonging to the premises, in common with other buildings or lands, such proportion to be ascertained by the surveyor of the Owner.

F. A condition for re-entry by the Owner on non-payment of rent for thirty days, or on breach of any of the covenants;

G. The tenant (having accepted the Owner's title) shall at the time aforesaid accept a Lease of the premises for the .............. term, at the rent of ...................., and subject to the covenants and conditions hereinbefore mentioned, and pay the costs and expenses of and incidental to the preparations and execution of this agreement and the said lease.

H. The tenant shall not assign the benefit of this agreement, without the consent in writing of the Owner.





COVENANT AGAINST CARRYING ON OFFENSIVE TRADES ETC.

Not to use the demised premises or any part thereof or permit or suffer the same to be used for any illegal or immoral purpose nor [without the consent in writing of the landlord] to carry on or permit or suffer to be carried on thereon or on any part thereof any offensive noisome obnoxious or dangerous trade business manufacture or occupation whatsoever [or use the demised premises or permit or suffer the same to be used as a factory] or so as to cause nuisance annoyance or inconvenience, to the landlord his tenants or the occupiers of neighbouring houses.


COVENANT FOR USE OF THE DEMISED PREMISES SOLELY FOR RESIDENTIAL PURPOSE

To use the demised premises for the purpose of a private [or professional] residence in single occupation only, provided that in the latter case the tenant may affix to the demised premises a name plate not exceeding.......... in size but shall not erect or exhibit any other sign notice or advertisement of any kind whatsoever on the demised premises.


COVENANT AGAINST NUISANCE OR ANNOYANCE TO THE LANDLORD OR OTHER CO-TENANTS

Not to do or permit or suffer anything to be done in or upon the demised premises or any part thereof which may be or become a nuisance or annoyance or cause damage or inconvenience to the landlord or the tenants or occupiers of neighbouring houses.


COVENANT FOR INSURANCE OF THE DEMISED PREMISES BY TENANT
WITH MODE OF APPLICATION OF THE INSURANCE MONEY— LANDLORD TO INSURE IN CASE OF TENANT'S DEFAULT AND GET REIMBURSEMENT

To keep the demised premises insured at ail times throughout the tenancy in the joint names of the landlord and the tenant from loss or damage by fire flood and other risks and special perils in the sum of Rs.......... at least [or a sum equal to the full insurable value thereof from time to time throughout the said term] and to make all payments necessary for the above purposes within seven days after the same shall respectively become due and to produce to the landlord or his agent on demand the policy or policies of such insurance and the receipt for each such payment and to cause all monies received by virtue of any' such insurance to be forthwith laid out in rebuilding and reinstating the demised premises or any part thereof in respect of which such monies shall have become payable or have been received in accordance with the original plans elevations and details thereof with such variations (if any) as may be agreed by the landlord or may be necessary having regard to the then existing statutory provisions bye-laws and regulations affecting the same and any necessary sanction from the appropriate authority (which it shall be the tenant's obligation to obtain) and] to the satisfaction in all respects of the surveyor for the time being of the landlord and to make up any deficiency out of his own monies PROVIDED ALWAYS that if the rebuilding or reinstatement of the buildings or any part thereof shall be frustrated all such insurance monies (other than as aforesaid) relating to the buildings or part in respect of which the frustration occurs shall be apportioned equally [or as may be otherwise agreed] between the landlord and the tenant and that if the tenant shall at any time fail to keep the demised premises insured as aforesaid the landlord may do all things necessary to effect and maintain such insurance and any monies expended by him for that purpose shall be repayable by the tenant on demand and be recoverable forthwith by action.


COVENANT FOR PAYMENT OF PROPORTIONATE COST FOR MAINTENANCE OF ROADS USED FOR COMMON ENJOYMENT

It is hereby agreed and declared as follows :
I. The lessor will maintain in repair the roads specified in the schedule hereto [and coloured brown on the plan annexed hereto] (being the roads over which a right of way is granted to the lessee) until they are taken over by the appropriate authority.

II. The lessee will pay a proportion of the cost of maintaining the said roads such proportion to be fixed by the lessor's surveyor PROVIDED that the lesseeshall not be required to pay hereunder a greater sum than Rs.... in any year of the tenancy.

III. In the event of.............. road [or the road in which demised premises are situate] being taken over by the local authority the lessee [or lessor] will pay all outgoings imposed on the demised premises in respect of works done for that purpose and thereafter the lessee will not be liable to contribute any sum towards the maintenance of any of the said Roads.


COVENANT RESTRICTING USER OF THE DEMISED PREMISES ONLY AS A DWELLING HOUSE OR PROFESSIONAL RESIDENCE

A. The tenant will use the demised premises only for the purpose of a dwelling-house or professional residence provided that in the latter case the tenant may affix to the said premises a brass plate not exceeding......... in size and stating his name profession and hours of attendance without any addition whatsoever [or use as a shop or use as a light [general industrial building].

B. The said use of the premises is a permitted use thereof and the tenant will not carry out any material change of use without the previous consent in writing of the landlord.

C. The tenant shall comply in all respects with the provisions and requirements of the relevant laws, bye-laws and regulations for the time being in force whether as to the permitted user hereunder or otherwise and shall indemnify and keep the landlord indemnified against all liability whatsoever including costs and expenses in respect of any contravention thereof.

D. The tenant will keep the garden and other land not occupied by buildings in a clean and proper conditions and so as not to cause injury to the amenity of any adjoining land and will forthwith comply.


COVENANT AGAINST ASSIGNMENT AND UNDERLEASE

Not to assign underlet or part with [or share] the possession of the demised premises or any part thereof [without the written consent of the landlord] [such consent however not to be unreasonably withheld in the case of a respectable and responsible person.]


COVENANT FOR NOTICE OF ASSIGNMENT OF LEASE TO LESSOR

Within one month after every assignment assent transfer or underlease {otherwise than by way of mortgage) of or relating to the demised premises or any part thereof or any bequest or devolution of the interest of the tenants therein or affecting the same to give notice thereof in writing with full particulars thereof to the landlord.




PROVISIONS FOR DIRECT COVENANTS BETWEEN UNDER LESSEE AND THE LANDLORD IN CASE OF ASSIGNMENT

Provided always that every assignment or underlease or tenancy agreement shall contain a covenant by the assignee underlessee or tenant as the case may be directly with the landlord to observe and perform the covenants and conditions herein contained including a covenant not to further assign or underlet or part with the possession of the demised premises [or any part thereof] without such consent as aforesaid and in the case of an assignment to pay the rent hereby reserved.

COVENANT FOR PAYMENT OF RATES AND TAXES ETC. BY TENANT

To pay all existing and future rates taxes assessments and outgoings now or hereafter imposed or charged upon the owner or occupier of the demised premises except only such as the owner is by law bound to pay notwithstanding any contract to the contrary.

COVENANT BY LANDLORD SUPPLEMENTAL TO A SUBSISTING LEASE TO
OFFER ADDITIONAL ACCOMMODATION TO THE TENANT UPON A FUTURE
VACANCY IN OTHER PART OF THE DEMISED OFFICE PREMISES

In the event of the.............. [and..............] floors of the building [or either of
them] or any part thereof [respectively] becoming vacant at any time during the period of this lease the landlord will whenever the vacancy occurs offer the same to the tenant in the manner hereinafter mentioned and the following provisions shall apply:

A. The landlord shall give to the tenant notice in writing of the premises becoming vacant as aforesaid whenever the same shall occur ;

B. If the tenant shall within one month of the receipt of such notice state his desire in writing to the landlord for a lease of such premises the landlord shall thereupon grant to the tenant a lease of the said premises for a term co-terminous with the term hereby granted at the rent hereinafter mentioned and containing (with the exception of the present covenant) the like covenants agreements conditions and provisos as are herein contained so far as the same are applicable. The tenant on the execution of such additional lease or leases shall execute a counterpart thereof;

C. The rent to be paid under the said additional lease or leases shall be such sum as shall be agreed between the landlord and the tenant as then representing the fair rent for such premises for a term of years equivalent to the then un expired residue of the said term granted by this lease as between a willing landlord and a willing tenant with vacant possession and otherwise on the terms hereinbefore mentioned.


COVENANTS BY SURETY FOR PAYMENT OF RENT AND PERFORMANCE OF OBLIGATIONS BY TENANT

The surety [or sureties] in consideration of the demise hereinbefore contained having been made at his [ortheir] request hereby [jointly and severally] covenants] with the landlord that the tenant will pay the rent hereby reserved on the days and in manner aforesaid and will perform and observe all the tenant's covenants hereinbefore contained and that in case of default in such payment of rent or in the performance or observance of such covenants as aforesaid the surety [or sureties or one of them] will pay and make good to the landlord on demand all losses damages costs and expenses thereby arising or incurred by the landlord PROVIDED ALWAYS and it is hereby agreed that any neglect or forbearance of the landlord in endeavouring to obtain payment of the rent hereby reserved when the same becomes payable or to enforce performance of the several stipulations herein on the tenant's part contained and any time which may be given to the tenant by the landlord shall not release or exonerate or in any way affect the liability of the suretyjor sureties] under this covenant.


CLAUSE PROVIDING ABATEMENT OF RENT IN CASE OF FIRE

If the demised premises or any part thereof shall at any time during the tenancy be destroyed or damaged by fire so as to be unfit for habitation and use and the policy or policies of insurance effected by the landlord shall not have been vitiated or payment of the policy monies refused in whole or in part in consequence of any act or default of the tenant and the demised premises shall not be rebuilt or reinstated by the landlord within........ months after the event the sum of Rs.......... part of the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall after the expiration of such.......... months be suspended until the demised premises shall
again be rendered fit for habitation and use and any dispute concerning this clause shall be determined by a single arbitrator in accordance with the Arbitration Act, 1940 or any statutory enactments in that behalf for the time being in force.



COVENANT FOR PAYMENT OF RATES, TAXES ETC. BY TENANT

To pay all existing and future rates taxes assessments and outgoings imposed or charged in respect of the demised premises such outgoings [in respect of street works, sewering, draining, sanitary or other work done under the order of any public authority] as are payable by the landlord in the absence of special stipulations to the contrary only excepted.


COVENANT FOR QUIET ENJOYMENT

The tenant paying the rent hereby reserved and performing and observing the several covenants on his part and the conditions herein contained shall peaceably hold and enjoy the demised premises during the said term without any interruption by the landlord or any person rightfully claiming under or in trust for him.


COVENANT TO APPLY IN REBUILDING, ETC. MONEY RECEIVED FROM INSURANCE NOT COVENANTED TO BE RECEIVED

If at any time the landlord is entitled to the benefit of any insurance on the demised premises (which is not effected or maintained in pursuance of his obligation aforesaid) then to apply all money received by virtue of such insurance in making good the loss or damage in respect of which the same shall have been received.


COVENANT NOT TO PERMIT SPECIFIED TRADE ON ADJOINING PROPERTY OF LANDLORD, ETC.

Not during the term to carry on or permit suffer to be carried on by others in or upon the adjoining premises belonging to the landlord and known as Nos..............street (or upon any adjoining property now belonging or which shall at any time hereafter belong to the landlord) or any part thereof the trade or business of a............... (hereinbefore covenanted to be carried on by the tenant upon the demised premises) or any branch or such business and if the said adjoining premises of the landlord or any part thereof shall at any time during the continuance of the term be sold conveyed demised or otherwise disposed of by the landlord or become vested in any other person whomsoever this covenant shall be operative and binding upon every other such person and shall be enforceable by the tenant and his assigns against all persons hereafter claiming any estate or interest in the said adjoining property or any part thereof.


COVENANT TO YIELD UP TENANCY

At the determination of the tenancy to yield up the demised premises and all additions thereto and all fittings and (landlord(s) fixtures therein in tenantable repair in accordance with the tenant's covenants herein contained.


COVENANT BY UNDERLESSEE TO PERFORM COVENANTS IN HEAD LEASE

To perform and observe the covenants on the lessee's part contained in the head lease except only the covenant for payment of the rent reserved thereby and the covenant for insurance therein contained and to keep the landlord indemnified against all claims damages costs and expenses in any way relating thereto.


COVENANT TO REPAIR OUTSIDE OF PREMISES

To (repair and) keep the exterior (other than windows and skylights locks latches and fasteners) of the demised premises and of all additions to the same (and the internal load bearing walls roof and floor joists thereof (but not including plaster or other surface material applied to interior faces of any load bearing walls whether internal or external or floor boards or ceilings) and the main drains and the boundary walls and fences thereof in tenantable repair.


COVENANT TO PAY INCREASED RENT OR ANY INCREASE IN THE EXISTING RATES AND TAXES PAID BY THE LANDLORD

To pay the reserved rent on the days and in the manner aforesaid and also to pay to the landlord by way of additional sum equal to the amount by which the rates (excluding water rate) from time to time payable in respect of the demised premises shall exceed the sum of Rs...........for each quarter [being the sum now payable in respect of rates] such payments to be made on the quarter day following the payment of rates by the landlord. The landlord shall on demand by the tenant produce the receipt for the payment of the rates.

Covenant for furnishing of all Notices affecting the existing Rates or Taxes for the demised premises to the Landlord. The tenant will immediately upon receipt thereof deliver to the landlord all notices received by him from the assessing authority the valuation officer or from any other person whatsoever which affect or are likely to affect the rates payable in respect of the demised premises or the assessment of the rateable value thereof.


CLAUSE AS TO NOTICES

Upon the receipt of any notice order direction or other thing from any competent authority affecting or likely to affect the demised premises whether the same shall be served directly on the tenant or the original or a copy thereof be received from any underlessee or other person whatsoever the tenant will so far as such notice order direction or other thing or the Act regulations or other instrument under or by virtue of which it is issued or the provisions hereof require him so to do comply therewith at his own expense and will forthwith deliver to the landlord a copy of such notice order direction or other thing.


COVENANT FOR INSURANCE AND RECONSTRUCTION IN CASE OF FIRE, WITH SUSPENSION OF RENT UNTIL PREMISES ARE FIT FOR HABITATION

A. At all times throughout the tenancy to keep the demised premises insured against loss or damage by fire in the sum of Rs......... at least and to make all payments necessary for the above purpose within seven days after the same shall respectively become payable and to produce to the tenant on demand the policy of such insurance and the receipt for the last such payment in respect of the policy and to cause all money received by virtue of such insurance to be forthwith laid out in rebuilding and reinstating the demised premises and to make up any deficiency out of his own money provided that the landlord's obligation under this covenant shall cease if the insurance shall be rendered void by reason of any act or default of the tenant.

B. If the event of the demised premises being damaged or destroyed by fire to reinstate the same at his own expense and with all convenient speed and this covenant is additional to the foregoing covenant to insure the demised premises.

C. In the event of the demised premises or any part thereof at any time during the tenancy being damaged or destroyed by fire so as to be unfit for habitation and use then the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the demised premises shall again be rendered fit for habitation and use and any dispute concerning this clause shall be determined by a single arbitrator in accordance with the Arbitration Act, 1940 or any statutory enactment in that behalf for the time being in force.


COVENANT FOR LIABILITY IN CASE OF BREACH OF ANY CLAUSE OF INSURANCE POLICY

Not to do or permit or suffer to be done anything whereby the policy or policies of insurance on the demised premises against damage by fire (a copy of which the landlord shall if required furnish to and at the expense of the tenant) may become void or voidable or whereby the rate of premium thereon may be increased and to repay to the landlord all sums paid by way of increased premiums and all expenses incurred by him in or about in renewal of such policy or policies rendered necessary by a breach of this covenant and all such payments shall be added to the rent hereinbefore reserved and be recoverable as rent.


COVENANT FOR RECONSTRUCTION OF DEMISED PREMISES DAMAGED BY FIRE—WHERE INSURANCE MONEY IS WHOLLY OR PARTIALLY RECOVERABLE

In the event of the buildings hereby demised or any of them or any part thereof being destroyed by fire at any time during the tenancy and the insurance money under any policy of insurance effected thereon by the landlord being by reason of any act or default of the tenant wholly or partially irrecoverable forthwith in every such case to rebuild and reinstate at his own expense the building so destroyed or damaged to the satisfaction and under the supervision of the landlord's surveyor the tenant being allowed towards his expenses of so doing upon such rebuilding and reinstatement being completed the amount (if any) actually received by or on behalf of the landlord in respect of such destruction or damage under any such insurance as aforesaid.


SPECIAL COVENANT FOR PROVISIONS IN CASE OF ASSIGNMENT TO A COMPANY

The Tenant shall not assign underlet or part with the possession of the demised premises or any part thereof without the written consent of the landlord such consent not to be unreasonably withheld in the case of a respectable and responsible person PROVIDED however that should the tenant desire to assign the demised premises or any part thereof to a limited company he shall before doing so procure that two directors thereof join in the assignment as sureties for the company and jointly and severally covenant with the landlord that so long as the term granted by the lease is vested in the company they will pay and make good to the landlord all losses costs and expenses sustained by the landlord through the default of the company to pay the rent reserved by the lease or the failure of the company to observe and perform the tenant's covenants and conditions therein contained.


COVENANT FOR FURNISHING COPY OF ASSIGNMENT/UNDER LEASE

Within one month of every assignment transfer of underlease of or relating to the demised premises or any part thereof to give notice thereof in writing with particulars thereof to the solicitors for the time being of the landlord and produce to them copy of such assignment transfer or underlease or in the case of a devolution of the interest of the tenant not perfected by an assent to produce to the said solicitors the probate of the will or the letters of administration under which such devolution arises.


COVENANT TO PAY RENT AND OBSERVE COVENANTS OF THE PRINCIPAL LEASE

During the term to pay the rent reserved by the head lease and to perform (so far as the tenant is not liable for such performance under the covenants on his part hereinbefore contained) all the lessee's covenants contained therein and to keep the tenant indemnified against all claims damages costs and expenses in any way relating thereto.


COVENANT FOR UNINTERRUPTED SUPPLY OF WATER TO A FLAT

The landlord will at all times maintain a reasonable and adequate supply of water for domestic purposes to the flat PROVIDED that the landlord shall not be under any liability whatever for any interruption of such supply of water from any cause whether or not such cause arises from or is contributed to by the negligence of the landlord or his servants and agents. The tenant shall not add to or in any way interfere with the pipes or other apparatus for such supply.


INDEMNITY CLAUSE PROVIDING SECURITY TO AN UNDERLESSEE AGAINST CONSEQUENCES FOR NON-PAYMENT OF RENT UNDER THE PRINCIPAL LEASE

a. The underlessor hereby covenants with the underlessee that the underlessor or the person deriving title under him will henceforth duly pay the yearly rent made payable by the head lease and will observe and perform all the covenants and conditions therein contained and henceforth on his part to be observed and performed.

b. It is hereby agreed and declared that if the underlessee shall at any time or times hereafter pay any sum or sums of money or sustain or incur any loss, damage or expense for or on account of the said last-mentioned yearly rent covenants and conditions then and in every such case and so often as the same shall happen it shall be lawful for the underlessee to retain the said rent hereby reserved until there shall thereby or otherwise be fully paid and satisfied all and every sum or sums of money loss damage or expense as aforesaid and also by way of additional remedy to enter upon and remain in possession and receipt of the rents and profits of any such part of the premises comprised in the head lease as is not hereby demised until by the means aforesaid or otherwise he shall be fully reimbursed all monies, loss, damage, or expense so paid sustained or incurred PROVIDED ALWAYS that the power last hereinbefore contained shall so far as regards such parts of the premises comprised in the head lease as have already or may hereafter be underlet be exercisable only in respect of and be limited to the receipt of the rents reserved by the underleases by which such parts may be underlet respectively.


PROVISO TO A REPAIRING COVENANT EXTINGUISHING TENANT'S LIABILITY WHERE PERMISSION OF APPROPRIATE AUTHORITY COULD NOT BE OBTAINED

Provided always and it is hereby agreed that the liability of the tenant here-under to repair shall in all cases be satisfied by the execution of all repairs for the execution of which he can by making all proper and sufficient applications obtain any necessary permission of a competent authority and that where any such permission is refused or granted only to some limited extent, his liability to execute any repairs to which such refusal extends and his liability to pay damages for such non-execution shall be extinguished.



CLAUSE FOR SECURITY DEPOSIT AGAINST DAMAGES AND OTHER PUBLIC UTILITY CHARGES FOR A FURNISHED APARTMENT

The tenant agrees to pay to the landlord on the signing of this agreement a deposit of Rs............ to be held by him until the maintenance expiration of the tenancy as security towards the tenant's liability for electricity, telephone rental charges and repairs to damages.

COVENANT FOR INDEMNITY BY UNDER LESSEE IN FAVOUR OF UNDER LESSOR AGAINST CLAIM OF SUPERIOR LANDLORD UPON THE UNDER LESSOR FOR BREACH OF ANY COVENANT IN THE ORIGINAL LEASE BY THE UNDERLESSEE

The underlessee hereby covenants with the underlessor that he will fully and effectually indemnify the underlessor against all claims costs expenses and proceedings taken by a superior lessor against the underlessor in respect of the breach of the covenant to leave the said premises in repair at the determination of the term granted by such superior lease.


RESTRICTIVE COVENANT AGAINST ALTERATIONS OF THE DEMISED PREMISES WITHOUT CONSENT OF LANDLORD

Not without the previous consent in writing of the landlord to erect any new buildings on the demised premises or make any alterations or additions to the said premises [or in the laying out or arrangement of the gardens and grounds thereof] or to any new buildings, alterations or additions erected or made in pursuance of the consent of the landlord given under this clause.

COVENANT FOR LANDLORD'S CONSENT PRIOR TO ANY ALTERATIONS IN THE DEMISED PREMISES

Not to make any alterations or additions to the demised premises or erect any new buildings thereon without the previous approval in writing of the landlord to the alterations, additions or new buildings proposed and to the plans and specifications thereof and to make all such alterations, additions and buildings in conformity with such plans and specifications duly approved by the appropriate authorities.

RESTRICTIVE COVENANT AGAINST INTERFERENCE WITH SERVICE INSTALLATIONS IN THE DEMISED PREMISES BY THE TENANT

Not to add to or in any interfere with [otherwise than for the purpose of complying with his obligations hereunder for the repair of the same] the electric cables switches junctions or points or the pipes taps or other apparatus installed in connection with the supply or use of electricity water or gas or the telephone installation.


RESTRICTIVE COVENANT AGAINST CAUSING DAMAGES TO THE DEMISED PREMISES

Not to cut main or injure and of the walls or timbers of the demised premises or suffer or permit the same to be done except for carrying out needful repairs.


COVENANT FOR REMOVAL OF UNAUTHORISED CONSTRUCTION

To remove any additional buildings additions or alterations made to the demised premises except those made with the consent in writing of the landlord at or before the end of the tenancy if so required by the landlord and in such case to restore the demised premises in all respects to their former state.

CLAUSE PROVIDING FOR SURRENDER OF LEASE BY LESSEE BEFORE AN INTENDED ASSIGNMENT—LANDLORD'S OPTION TO ACCEPT OR REJECT

The tenant shall not assign underlet or part with the possession of the demised premises or any part thereof without the previous consent in writing of the landlord such consent subject as hereinafter provided not to be unreasonably withheld to an assignment or underletting of the whole of the demised premises to a respectable and responsible person.
PROVIDING ALWAYS that if the tenant desires to assign or underlet the whole of the said premises as aforesaid he shall first by notice in writing to the landlord offer to surrender the lease without any consideration and the landlord may within....... days of the service of such notice upon him accept such offer in writing without prejudice to all rights and remedies of the landlord hereunder in respect of rent or breach of covenant. If the said offer is not accepted by the landlord or on his behalf within the said............ days it shall be deemed to have been rejected.


COVENANT BY TENANT AGAINST OBSTRUCTION OF LIGHT AND AIR TO LANDLORD'S PREMISES BY NEW CONSTRUCTION

Not to make any alteration of or addition to the demised premises which will interfere with the access of light and air to the existing windows and openings of the landlord's adjoining or neighbouring premises.


CLAUSE FOR DETERMINATION OF LEASE UPON TENANT'S DEATH OR BY NOTICE FROM EITHER SIDE

If the tenant [or the landlord or either party] shall desire to determine the term hereby granted at the end of the first......... or.......... years thereof [or in consequence of the death of the tenant whichever shall first happen] and shall give to the landlord [ortenant or other party]........... month's previous notice in writing of such his desire [such notice if given in consequence of the death of the tenant to be given within six months after his death] [in case of determination by tenant add: and shall up to the time of such determination pay the rent and [reasonably] observe and perform the covenants on his part hereinbefore reserved and contained] then immediately on the expiration of such........... or........ years [orthe period in respect of which such notice is given] as the case may be the present demise and everything herein contained shall cease and be void but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of covenant contained or otherwise howsoever other.Than by effluxion of time when this deed shall be absolutely void.


OPTION CLAUSE FOR RENEWAL FOR FURTHER TERM-TO BE FIXED ON MARKET VALUE -RENT
If the tenant shall be desirous of taking a lease of the demised premises for a further term of [.........] years from the expiration of the term hereby granted at the rent and on the terms and conditions hereinafter mentioned and shall not more than twelve nor less than six months before the expiration of the term hereby granted give to the landlord notice in writing of such his desire and if he shall have paid the rent hereby reserved (hereinafter called the current rent) and shall have [reasonably] performed and observed the several stipulations herein contained and on his part to be performed and observed up to the termination of the tenancy hereby created then the landlord will let the demised premises to the tenant for the further term of [........] years from........at a rent to be determined in the manner provided by the schedule hereto and payable as therein provided and subject in all other respects to the same stipulations as are herein contained except this clause for renewal.

SCHEDULE REGARDING RENT

a. The rent for the said further term (hereinafter called the new rent) shall be such annual sum as shall be agreed between the landlord and the tenant or determined as hereinafter provided to be the current market rental value of the demised premises at the time of such agreement or determination and shall be paid without any deduction within 7th day of every current month in advance.

b. Any agreement between the landlord and the tenant as to the new rent shall be in writing signed by the parties.

c. If such agreement has not been made six months before the date on which the said further term is due to commence either party hereto may require an independent surveyor (hereinafter called the surveyor) to determine the new rent.

d. The surveyor may be nominated by agreement between the landlord and the tenant.

e. Notice in writing of his appointment shall be given by the surveyor to the landlord and the tenant inviting each to submit within a specified period (which shall not exceed four weeks) a valuation accompanied if desired by a statement of reasons.

f. The surveyor shall act as an expert and not as an arbitrator. He shall consider any valuation and reasons submitted to him within the said period but shall not be in any way limited or fettered thereby and shall determine the new rent in accordance with his own judgment and option as to the true current •market rental value of the demised premises.

g. The surveyor shall give notice in writing of his decision to the lessor and the lessee within [two] months of the appointment or within such extended period as the landlord may agree.

h. If the surveyor comes to the conclusion that the current market rental value of the demised premises is less than the current rent and the new rent shall nevertheless be the same as the current rent and the decision of the surveyor shall so state.

i. If the surveyor shall fail to determine the new rent and give notice thereof within the time and in the manner hereinbefore provided or if he shall relinquish his appointment or die or if it shall become apparent that for any reason he will be unable to complete his duties hereunder the landlord and the tenant may appoint a new surveyor upon mutual consent to decide upon the matter within an extended period in the like manner.

j. The decision of the surveyor shall be final on all matters hereby referred to him.

k. Rent shall not be due at the rate of new rent notwithstanding that the said further term may already have commenced until after the tenant has been given such notice thereof as is hereby provided and if the said further term shall have commenced before the tenant has been given such notice the rent shall for the time being and until such notice is given be at the rate of the current rent but on the first rent day after the giving of such notice to the tenant there shall fall due in addition to the appropriate instalment of the new rent a sum by way of additional rent equal to the difference between the new rent and the current rent for the period since the commencement of the said further term.

l. The fees of the surveyor shall be shared equally between the landlord and the tenant.

m. As respects all periods of time referred to in this schedule time shall be deemed to be of the essence of the contract.


CLAUSE FOR APPORTIONMENT OF RENT IN CASE OF ASSIGNMENT OF PORTION OF DEMISED PREMISES BY THE HEAD-LESSEE

It is hereby agreed that if at any time during the term hereby granted any person being for the time being the tenant of the whole or part of the premises hereby demised shall desire to assign a part only of the premises then vested in him at an apportioned rent and shall produce the assignment of such part to the solicitors of the landlord then if the landlord in his absolute discretion approves such apportionment of rent and a payment of [........] is made to his solicitors an endorsement shall be made on such assignment confirming such apportionment of rent and the premises comprised in such assignment shall be subject only to the rent so apportioned to them and to the covenants and conditions herein contained so far as only as they are applicable to the property assigned and the retained land shall be similarly subject only to the residue of the rent of the premises vested in such tenant immediately before such assignment and to the covenants and conditions herein contained so far as only as they are applicable to the land so retained.


CLAUSE RESERVING PAYMENT OF PERIODICAL RENT TOGETHER WITH ARREAR RENT, IF ANY, AS PER TERMS OF THE LEASE

Paying during the term hereby granted the monthly rent of Rs......... (without any deductions except only such as the tenant may be by law entitled to make notwithstanding any contract to the contrary) to be made in advance within 10th day of every month the first payment to be made on......... [or, if the term commences during the currency of a rent period, the first payment of Rs............ being a proportionate part of the payment to be made on............] and the last payment to be made in advance on the [day for payment] immediately preceding the expiration or sooner determination of the terqi together with the payment falling due on that day.


PROVISION FOR PAYMENT OF AGREED FIXED RENT IN ADVANCE

Paying during the term hereby granted the monthly rent of Rs......... (without any deductions except only such as the tenant may be by law entitled to make notwithstanding any contract to the contrary) the first of such payments to be made on the day of the commencement of the tenancy [or on the signing hereof] and every subsequent payment to become due payable and recoverable in advance within 10th day of every current month.

(COLLECTED EDITED AND REDRAFTED BY SRIDHARABABU.N)

MODEL TEMPLE PROPERTY TRUST DEED

DEED OF TRUST OF TEMPLE PROPERTY
(RELIGIOUS TRUST)


THIS DEED OF TRUST is executed at ............ this ........ day of .......... between
Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of .................................................................. hereinafter referred to as 'the Settlor' of the one part
And
(1) Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of ..................................................................
{2J Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of ..................................................................
(3) Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of ..................................................................
Hereinafter collectively referred to as 'the Trustees' of the other part.


Whereas:-
(1) The Settlor owns a piece of land situate at ................, having khatha number ............. and it is self acquired property of settlor and more particularly described in the Schedule hereunder written.

(2) The Settlor has constructed a building on the said land, in the nature of a temple and has installed therein the image or idol of the Deity of .......... after performing due ceremonies according to Hindu shastras.

(3) The Settlor desires to dedicate the said temple to the public and, therefore, proposes to transfer the said temple property to the Trustees including the Settlor for being held on the following Trust and which the Trustees have agreed to do.

(4) The Settlor has also set apart a sum of Rs. ........... as the initial Trust Fund to enable the Trustees to manage the said temple as hereinafter provided and the sum is handed over to the Trustees by crediting the same in an account opened in the name of the Trustees with the Bank of ........ at ....................


NOW THIS DEED WITNESSETH that pursuant to the premises the Settlor doth hereby grant and transfer, all that piece of land together with the building standing thereon situated ... and more particularly described in the First Schedule hereunder written and together with all the liberties, privileges, easements, and other appurtenances belonging to the said land and building AND TOGETHER with all rights title and interest of the Settlor into and upon the said piece of land and building and other the premises hereby granted and transferred TO HAVE AND TO HOLD the same unto the Trustees but upon the use and Trusts and subject to the powers, provisions, directions, terms and conditions hereinafter mentioned and subject to the payment of all taxes dues and duties payable to the Government or Municipal Corporation or any other local authority.



AND IT IS HEREBY DECLARED AS FOLLOWS:

1. This Trust will be known as ........... Temple Trust.

2. The Trustee shall invest the said amount of Rs. ........ and all other moneys forming part of the Trust Fund as hereinafter defined in Trust securities prescribed by law including fixed deposits with any nationalised public Banks or in bonds and other securities offered by public or Government Corporations or companies but not in shares of and fixed deposits with any commercial company or Corporation in the private sector. The Trustees will be entitled to change the investments from time to time as required but shall not trade in such investments for profit.

3. The expression "Trust Fund" appearing herein will mean the said sum of Rs. ........... and will include or will be deemed to include all moneys received as donations or gifts or by sale or other disposal of any Trust property, moveable or immoveable including moneys offered before the said deity from time to time and at all times and all moneys received or recovered by way of income or profits or gains from the Trust Fund or property or in any other form or by any other way whatsoever.

4. The expression "Trust Property" appearing in this deed will mean the said temple property described in the Schedule hereunder written and hereby granted and all other moveable and immoveable properties or other intangible rights received by the Trustees by way of donations, gifts or purchase or other mode of acquisition and all articles and things offered to or before the deity or otherwise received or recovered by any other mode or in any other way whatsoever.

5. The Trustees shall, out of the gross income from the Trust Property and Trust Fund pay all the liabilities by way of taxes and other levies payable to the Government or Municipality or any other local authority and all other outgoings for repairs and managing of the Trust property including the salaries or wages payable to the servants and other employees employed by the Trustees for the management of the Trust property and otherwise authorized by this deed or in law.

6. Any moneys received by the Trustees on any account shall be first credited to the account or accounts opened by the Trustees in one or more Bank or Banks and no moneys so received shall be spent or utilised directly in making any expenses except expenses not exceeding a sum of Rs. ........... at a time. All expenses to be incurred will be made by drawing moneys by cheque from one or the other Bank account.

7. The Trustee shall keep one or more boxes properly locked and sealed and permanently fixed or fastened to any permanent fittings in the temple for collecting or receiving the moneys offered by the devotees visiting the temple and such box or boxes will be opened by them at the end of each week or earlier if necessary in the presence of the two Trustees or any one Trustee and any employee of the Trust and moneys will be collected and shall be directly deposited in the Bank account. A separate book will be maintained for the purpose and entries of such moneys will be made in the book against each date or time the box is opened. The Managing Trustee or any Manager if appointed will retain the keys of such boxes.

8. All the offerings before the deity by way of moveable articles will be collected every day and will be collected and kept at a safe place and will be sold by auction and at such reasonable intervals as the Trustees may think fit except such articles as are perishable by their nature and which will be distributed among such needy people as the Trustees may think fit.

9. The Trust temple will be kept open to the public for such period or periods every day as the Trustees may decide from time to time, but otherwise it will be open to all persons irrespective of any caste or creed. There shall be equality among all. No rich and poor discrimination shall be made. No preference shall be given to individuals for darshanas based on their power and richness, first come first darshan principle should be adopted.

10. The actual temple premises shall be used and allowed to be used only for worship and any programme or function related to such worship, religious preachings and not for any other purpose. No political functions shall be allowed. No election campaigns shall be allowed. No politically motivated offerings shall be allowed.

11. All expenses of and incidental to the daily pooja and occasional poojas and of all other functions or religious ceremonies held in the Temple will be borne and paid out of the income of the Trust Fund. The Trustees shall celebrate the birthday of the deity every year and hold such other religious functions including kirtans and pravachanas as they may think fit.

12. The Trustees shall not accept any money or other donations for performing casually or otherwise religious ceremony or duty from the members of the public though the Trustees may allow the Pujari to do so on his own responsibility.

13. The Trustees shall be entitled to employ other servants for maintenance and upkeep of the temple including a Manager, Accountant, Clerk or Watchman and pay the wages and other emoluments as may be fixed by the Trustees from time to time which will be paid out of the income of the Trust Fund.

14. The Trustees shall have power also to engage the services of Architects, Chartered Accountants, Lawyers and other professionals for advice or attending to any work in connection with the Trust from time to time and to pay their fees and other charges out of the income of the Trust property and fund.

15. The Trustees shall be entitled to carry out repairs and or renovations or additions to the temple building from time to time, and meet the expenses thereof out of the corpus of the Trust Funds but the Trustees, shall have no power to sell the said temple property described in the Schedule hereunder written or any part thereof or mortgage the same or to create any charge thereon. The Trustees, however, will have the power to purchase or otherwise acquire any immoveable property including any flat or other premises in a Co-operative Housing Society or an apartment ownership if it is in the interest of the Trust, but not otherwise, and also power to sell or give on lease or tenancy any such property purchased or otherwise acquired if it is in the interest of the Trust to do so.

16. If after meeting all expenses of and relating to the maintenance and upkeep of the said Temple property and the holding of Pujas or other functions in the temple and payment of all other liabilities any income still remains at any time or from time to time the Trustees will have power to spend the same on any of the following charitable objects viz
(1) In giving donations to any educational or medical or other charitable institution;
(2) In meeting the costs or expenses of medical treatment required to be given to any deserving poor patient who cannot afford to meet the same otherwise;
(3) In helping any persons, directly or indirectly, who are affected by calamity such as earthquake, fire, floods or other accidents.
(4) In establishing age old homes, destitute homes, anathashramas (orphanages), beggars rehabilitation centers, hygienic public use toilets, drug addictors rehabilitation centers, centers for treating mentally retarded, family counseling centers, etc.,
(5) Organizing pravachanas(teachings) for promoting national integrity and communal harmony.


17. The Trustees shall from time to time open in their own names or in the name of the Trust one or more accounts or account, current or saving/ with any one or more Banks as they may think fit and any two of the Trustees (and during the lifetime of the Settlor as Trustee, he will be one of them) shall be entitled to operate the same by drawing, accepting endorsing and otherwise negotiating cheques, or other negotiable instruments, withdrawing moneys therefrom, from time to time and otherwise operating the same.

18. For the purpose of increasing the income of the Trust, the Trustees shall be entitled to construct any hall or other premises or accommodation for holding temple functions or for letting out the same for functions by others on such terms and conditions as the Trustees may think fit but in such case the Trustees shall keep the premises of the temple free from any disturbance or encroachments or use in connection with such function and shall not cause any interference with or annoyance to the worshipers visiting the temple.

19. The Trustees shall keep the said temple property as well as all other immoveable property and valuable moveable property insured for a reasonable amount or amounts against fire, theft and other accidents as they think fit and shall keep the insurance alive all the time.

20. The Trustees will have power to accept any donation of any property moveable or immoveable or of moneys or securities provided such donation is not onerous or against the interest of the Trust and the conditions, if any, imposed are not inconsistent with the provisions of this Deed or contrary to the main object of this Trust.

21. During the time the settlor is a Trustee of this Trust, he will act as Managing Trustee of the Trust, and after he ceases to be a Trustee, the Trustee shall appoint a Managing Trustee from among them. In the absence of any agreement between the Trustees as to who should be the Managing Trustee, the senior most in age among them would act as the Managing Trustee.

22. Any of the powers and authorities by this Trust given to or vested in the Trustees may at any time, when there is more than one Trustee, be exercised by a majority of the Trustees and without the concurrence, or with merely a formal concurrence of any Trustee who by reason of illness, infirmity or otherwise may be unable, without inconvenience, to take an active part therein and such Trustee may in order to facilitate business, by power of attorney or otherwise, empower any of the other Trustees to use his or her name for execution or signature of documents or for any of the purposes of this Trust without being responsible for loss and all the acts and proceedings of the majority of the Trustees shall in such case be valid and effectual as if they had all concurred therein. All acts, proceedings and exercise of discretion of the majority of the Trustees shall be absolutely binding on the remainder of the Trustees.

23. The Trustees shall have full power to file and defend suits, appeals, applications etc., and for any one of them to declare, sign and verify all plaints, written statements, rnemos of appeals, cross-objections, applications, affidavits, vakalaths, SPA’s, etc., and to accept writ of summons, notices etc., and to appear in any Court of law or Tribunal or before any Government Officer in connection with such legal matter or any other matter concerned with the Trust and other proceedings and all differences disputes and demand and to refer any such difference, dispute or demands to arbitration and adjust, approve and settle all accounts relating to the Trust Fund and to execute all releases and discharges and to do all other things relating thereto.

24. The receipt of the Trustees or any of them for the purchase money of any property hereby directed or authorized to be sold or for any other moneys paid and for any securities transferred to them by virtue of these presents or in the execution of any of the Trusts or powers hereof shall effectually discharge the person or persons paying or transferring the same there from or from being bound to see at the application or being answerable for the loss or misapplication thereof.

25. The Trustees shall be responsible for their own individual acts and defaults only and not for the acts or defaults of the other or others nor for the acts or defaults of any banker, broker, auctioneer or other persons into whose hands any Trust property consisting of securities or money or the income thereof shall in the ordinary course of business come or for the depreciation of any property or securities nor for any mistake or error of judgment committed by them in regard to the choice of the recipients of the benefit of Trust premises of the objects thereof in any particular case or cases or otherwise howsoever except for their willful acts and default only.

26. The Trustees shall pay themselves and defray and satisfy out of the Trust Funds for the time being all expenses which they may reasonably have to incur in and about the execution of the Trusts and powers herein contained and the administration of the Trust premises hereby effectuated, including the premium for the insurance of the buildings for the time being subject to the Trust hereof but the Trustees shall not be personally responsible for any loss arising in consequence of any accidental omission to insure any building against risk from fire or other risk.

27. The Trustees shall cause proper accounts to be kept of the Trust premises and all additions thereto and the income thereof respectively and the accumulations of such income and the application thereof from time to time and shall on checking the same sign the account books twice in each year. The account books so signed by the Trustees shall be examined audited and certified by one or more properly qualified chartered accountants once in each year and the audited statements of account shall likewise be signed by all the Trustees.

28. The Trustees may at some convenient place in .......... and at convenient intervals hold meetings from time to time as occasion shall require, for the transaction of the business of the Trust.

29. Any one Trustee may convene a meeting of the Trustees for the transaction of any particular business and any business may be disposed of by a circular instead of at a meeting unless majority of the Trustees think otherwise.

30. At least two clear days' notice shall be given to the Trustees as to the place, hour and day of the meeting and of the nature of the business to be transacted thereat.

31. The original minutes of the proceedings of every such meeting shall be deposited at the office of the Trustees who shall provide for the safe custody thereof.

32. If and so often as any of the Trustees hereby appointed or any future Trustees or Trustee of these presents shall die or go to reside out of India or refuses or becomes unfit or incapable to act in the Trusts of these presents or shall be adjudged insolvent or if the settlor or the Trustees for the time being shall be desirous of appointing additional Trustee or Trustees hereof with them, it shall be lawful for the settlor during his life and after his death for the surviving or continuing Trustees or Trustee for the time being of these presents or if there shall be no surviving or continuing Trustee then for the retiring or refusing Trustees or Trustee or the heirs, executors or administrators of the last acting Trustee to appoint any other person or persons to be a Trustees or Trustee in the place of the Trustee or Trustees so dying or going to reside abroad or desiring to retire or refusing or becoming unfit or incapable to act as aforesaid or to appoint an additional Trustee or Trustees as aforesaid with liberty upon such appointment to increase or diminish the original number of Trustees which shall never be less than three or more than five and upon every appointment made under this clause the Trust premises hereby settled and the investment for the time being thereof shall be so transferred as to become vested in the new Trustees or Trustee jointly with the continuing Trustees or Trustee or solely as the case may require and every Trustee so appointed as aforesaid may as well before as after such transfer act as fully and effectually as if he had been hereby constituted a Trustee, provided that, every such Trustee hereafter appointed shall be a devotee of the said deity.

33. In all cases of difference of opinion amongst the Trustees as to whether a particular act should be done or omitted to be done in the execution of the Trusts hereof or as to the powers and authorities herein contained or as to the true intent and meaning of any of the clauses or Trusts hereof the same shall be disposed of and dealt with in accordance with the opinion of the majority which shall be final and conclusive. In case of an equality of votes and Managing Trustee shall put a second or casting vote.


IN WITNESS WHEREOF the Settlor and the Trustees have set their respective hands the day and year first hereinabove written.

THE SCHEDULE ABOVE REFERRED TO:
Signed and delivered by the within named Settlor in the presence of.......... ".
Signed and delivered by the within named Trustees
(1)............. ;
(2).............
(3).............
in the presence of................

MODEL SALE AGREEMENT OF LANDS IN KANNADA

CLICK HERE

AGREEMENT FOR CONSTRUCTION OF BUILDING

CLICK HERE

Agreement for construction of Building




AN AGREEMENT made this ..........................day of.......................... 200.. BETWEEN

M/S ……………………………………………………………………………………………………………… a company registered under companies act 1956, having its registered office at ……………………….. ……………………………………………………………………………………. Duly represented by its GPA holder Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the CONTRACTOR, unless repugnant to the context herein the word shall mean and include its successors in office, administrators, executors of the one part

And

Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the OWNER unless repugnant to the context herein the word shall mean and include his heirs for any dues and liability as an agent, permitted assigns of the other part



WHEREAS the Owner is desirous for appointing a Contractor for construction of his house at............. and the Contractor has agreed to accept the construction work under the terms and conditions appearing hereinafter.


NOW THIS AGREEMENT WITNESSETH as follows:



1. The Contractor shall at their own cost [take down & remove the house & buildings, situate and being premises No............. in............. street, etc.] erect, build and completely finish in a good, substantial, and workmanlike manner and [with the best men and materials of their several kinds] a house and other buildings upon a piece of land belonging to the owner, lying and situate at......... [that is the site upon which the said house and buildings are existing] according to the plans, elevations and sections, and in accordance with the specification of the works and drawings which have been duly signed by the Contractor and also by the owner's architect M/s. ………………………………………………….



2. The said works shall be executed under the direction and to the satisfaction in all respects of the said M/s. ……………………………….. , who shall have been appointed to act for him for the purpose of this contract.



3. The owner hereby grants licence to the Contractor to enter on the premises for the purpose only of performing this contract, the Contractor shall forthwith commence the said works actively prosecute the same, and the said works shall in all respects be completed by making the said house and buildings made fit for habitation and use within ........... calendar months from the date of these presents; Provided that if any delay shall arise from fire or due to any unforeseeable and unavoidable circumstances or any natural calamities or other inevitable cause or accident or any strike or lock-out in the building trade or any other trade or employment, or by the default of the owner in paying in due course any moneys payable to the Contractor under this contract then such further time shall be allowed for the construction thereof as the architect shall in writing certify to be reasonable.



4. All materials to be used in the works, although the same would be particularly mentioned in the specification or as from time to time required in writing by the owner or the architect, shall be supplied and furnished by the Contractor.



5. The contractor shall, on completion of the said works, at his own expense, remove and clear away all scaffolding, fencing unused materials, and rubbish from the same, and leave the whole of the works and premises in a clean and proper state.



6. The owner shall pay to the Contractor the sum of Rs.......... (Ru­pees.......................) only which shall include the cost of labour and of all materials, plant, and other things required for the purpose of the works, and of the conveyance or transport and removal thereof to or from the works in manner following that is to say, (a) the sum of Rs............. (Rupees...........,.............) only upon the production of the owner's certificate, of the architect that works to the value of Rs............. (Rupees.........,...............) has been duly executed to his satisfaction by the Contractor, (b) the further sum of Rs.. upon the production, of like certificate that work to the value of Rs............. (Rupees.........................) has been so executed, (c) and the remaining said sum of Rs............. {Ru­pees... ......,....) upon the production to the owner of the certificate of the architect that the said works have been in all respects completed making the said house and buildings made fit for habitation and use, in accordance with the contract and to his satisfaction, or, (the sum to be paid by the owner to the Contractor for the said works shall be ascertained according to the rates specified in the schedule of prices annexed to the said specification, so far as the prices are there specified, which shall include the cost of labour as above and the payment for any work not included in the said schedule of prices, shall be fixed by the architect).



7. Weekly payments on account shall be made by the owner to the Contractor upon the certificates of the architect of the contract value of the work executed, subject to a deduction of 10% upon such value which shall be retained by the owner until the completion of the work, and shall be paid to the Contractor upon the certificate of the architect of the works having been completed, and of the balance remaining due to the contractor.



8. All such payments to be made to the contractor under this agreement in the manner as aforesaid, shall always be, subject to a statutory deduction as provided under the Income Tax Act, 1961, for which necessary certificates for such deduction for the purpose of Income Tax shall be provided by the owner to the contractor along with every payment.



9. The architect shall not give his certificate in respect of any work which is in any respect defective or not according to the contract or otherwise not done to his reasonable satisfaction or while the contractor is not using due diligence in the prosecution of the works, or is otherwise making default for the performance of this contract.



10. The owner [or the architect] may at any time during the progress of the works by order in writing make or cause to be made any alteration in the said original specification and plans by way of omission or addition or otherwise deviating there from, and the said works shall be executed according to the said alteration or deviations under the direction and to the satisfaction of the architect in the same manner as if the same had been included in the said original specification and plans; and any work or materials which shall so be ordered not to be done or used shall be omitted or shall not be used by the contractor.



11. All additions and deductions to be made to or from the amount of the Contract price in respect of any such alteration or deviation from the said specification or plans as aforesaid shall be fixed by the architect: and the difference of expense occasioned by any such alteration or deviation shall be added or deducted to or from the contract price. But no payment or allowance whatever shall be made to the Contractor for any extra work or materials done or used by him without a previous order or authority in writing from the owner; and any alteration or deviation ordered or authorized as aforesaid shall not in anywise alter the total contract price to be paid to the Contractor, except so far as the same shall alter the amount of labour or the value of the materials which may be required to be used in or about the works, nor shall alter the mode in which the contract price is to be paid, or in which the value of the work done is to be ascertained with a view to payment thereof. And the Contractor shall not by reason of any such addition to or alteration in the works as aforesaid be allowed any further time for completing except such further time (if any), as the architect shall in writing certify to be reasonable.



12. The owner shall be entitled to deduct any moneys which the Contractor shall be liable to pay to the owner, under this contract or otherwise, from any sum which may become payable to the Contractor hereunder; and the architect in making his certificates as aforesaid shall have regard to any sums so chargeable against the Contractor: PROVIDED always that provision shall not affect any other remedy by action at law, or otherwise to which the owner may be entitled for the recovery of any such moneys.



13. In case the said works shall not in all respects be completed [and the said house and buildings made fit for habitation and use] [and all scaffolding, fencing, unused materials and rubbish cleared away] on or before the............. day of.............. or within such extended time as shall be allowed for that purpose, as hereinbefore mentioned, and the architect shall certify in writing the fact of such non-completion or non-removal, then the contractor shall pay to the owner, as liquidated damages for such default, and not as a penalty, the sum of Rs............ (Rupees...............), for every subsequent week, and so in proportion for any part of a week, until the completion of the said works, and the removal of all scaffolding, fencing, unused materials and rubbish, such completion and removal to be certified in writing by the architect.



14. All materials which may from time to time during the progress of the works be in, upon, or about the premises for use in the said works (except such as may be rejected by the architect as not being in accordance with the specifica­tion), shall be deemed to be the absolute property of the owner, and save as regards any surplus materials remaining over after completion of the said works in accordance with this contract, shall be used solely for the purpose of the said works and shall not be removed without the consent or authority of the architect but the Contractor shall nevertheless be solely responsible for the loss or destruction thereof, and for all damage which may happen thereto by fire or any other cause whatsoever and the Contractor shall likewise be liable to make good all damage which may happen to the said works from any cause what ever thereto during the progress thereof.




15. The Contractor shall depute company civil engineer to superintend the execution of the work, and shall not assign [or sublet] this contract or any part thereof, without the express licence and approval in writing of the owner.



16. A supervisor or engineer appointed and paid by the Contractor shall be constantly on the works, and all direction given to him by the architect shall be deemed to have been given to the Contractor. The site supervisor of the work shall be appointed and paid by the owner and shall at all times be allowed to inspect the works and materials on behalf of the architect and subject to an appeal to the architect no materials to which the said supervisor shall object shall be used.


17. In case at any time during the progress of the works any unnecessary delay shall occur in the carrying on of the same through the default of the Contractor [and such delay shall be certified by the architect] and the owner or the architect shall give a written notice to the Contractor to proceed with the said work or leave the same, if contractor does not rectify then the owner shall be at liberty, without avoiding this contract, to recover possession of the said premises or any part thereof, and to take the said works wholly or partially out of the hand of the Contractor, and to employ any other person or persons to execute the same and for that purpose to retain possession of, and use all materials and to take possession of, and use of scaffolding, plant, tools, implements and things on or aboutthe said works and all expenses and damages thereby incurred, shall be ascertained and certified by the architect and shall be paid by the contractor to the owner.



18. In case the Contractor shall at any time neglect or omit to pull down or remove any work or materials which the architect shall have to certify in writing to be defective, or not according to contract within......... days after writing notice so to do shall have been given to him or left on the works by the owner or the architect or left as aforesaid, or within such further time as may be specified in such notice, or in case the Contractor shall assign [or sublet] this contract or any part thereof without licence or prior approval of the owner, then and in any such case the owner shall be at liberty, without avoiding this contract, to recover possession of the said premises or any part thereof, and to take the said works wholly or partially out of the hand of the Contractor, and to employ any other person or persons to execute the same and for that purpose to retain possession of, and use all materials and to take possession of, and use of scaffolding, plant, tools, implements and things on or aboutthe said works and all expenses and damages thereby incurred, shall be ascertained and certified by the architect and shall be paid by the contractor to the owner.



19. The certificate, or decision in writing, of the architect upon any matter as to which he is hereby authorised to certify or decide, shall be final and binding upon both parties, except that the architect may by any certificate make any correction or modification in any previous certificate which shall have been made by himself, or by any predecessor in his office, except that certificate shall not be conclusive as to the sufficiency of any work or materials to which it relates and shall not relieve the Contractor from the liability to make good any defective work or materials.



20. The Contractor shall conform in all respects to the provisions and regulations of any general or local Act of Parliament, or of any local authority which may be applicable to the said works, and indemnify the owner against all penalties incurred by reason of non-observance of any such provisions or regulations.



21. The Contractor shall indemnify the owner against all actions or proceed­ings which may be brought or taken against the owner in respect of damages caused to a public street by the contractor in the performance of this contract.



22. The owner shall indemnify the Contractor against all actions and proceedings on the part of any person having or claiming ancient lights, on account of any actual or alleged or apprehended interference of the said buildings and works therewith.



23. The owner and the Contractor shall respectively at their own expense insure against their several liabilities covered by this contract in such sums as may be determined under these presents and in default of any provision therein, then any such sums as shall be reasonable and each party shall upon the demand of the other at any time produce for inspection the relevant policy or policies of insurance and the receipts for premium paid.



24. In case of any dispute or difference shall arise between the owner or architect and the contractor either during the progress or after completion or abandonment of the works as to the construction of the contract or as to any matter thing arising therein or in connection therewith or in respect of any certificate or decision in writing of the architect, issued upon the Contractor for the purpose, either party may forthwith give to the other notice in writing of any such dispute or difference and the same shall be referred to the arbitration and the final decision of a single arbitrator to be agreed upon the parties, or failing agreement within 30 days of such notice to be given at the request of the either party, by the President of the Institute of Civil Engineers for the time being. The award of such arbitrator shall be final and binding upon the parties.



IN WITNESS WHEREOF the Parties have hereunto set their respective hands the day and year first above written.


OWNER



GPA HOLDERS
Photo


WITH COMPANY SEAL




LTM FOR IDENTIFICATION




SIGNATURE


Name:…………………………………….


CONTRACTOR




Photo







LTM FOR IDENTIFICATION




SIGNATURE




Name:…………………………………….


Witnesses



Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE



2 Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE

MODEL DEEDS, FORMS AND STAMP DUTY KARNATAKA

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MODEL DEED ON SOFT AND HARD - WARE MARKETING

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Agreement for Marketing Software & Hardware

AN AGREEMENT made this ..........................day of.......................... 200.. BETWEEN M/S ……………………………………………………………………………………………………………… a company registered under companies act 1956, having its registered office at ……………………….. ……………………………………………………………………………………. Duly represented by its GPA holder Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the company, unless repugnant to the context herein the word shall mean and include its successors in office, administrators, executors of the one part and Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the agent, unless repugnant to the context herein the word shall mean and include his heirs for any dues and liability as an agent of the other part

WHEREBY IT IS MUTUALLY AGREED as follows:




The Company appoints the Agent as its agent in........... for the sale of Software & Hardware of Computers and other electronic office equipments and merchandise as may be decided upon and directed by the Company for............ years commencing from...........


The Agent shall during the said term of.................. years, determinate as hereinafter mentioned, faithfully and diligently serve the Company as its agent and endeavour to extend the sale -of the Company's said goods, produce and merchandise in the said territory.



The Agent shall provide for himself a suitable office at............. or elsewhere as may be directed by the Company for the purpose of carrying on the agency hereby created.



The Agent shall maintain a well-furnished showroom wherein the products of the Company shall be displayed and shall exhibit at a conspicuous part of such office and showroom as aforesaid an inscription notifying to the public that he is acting as the agent of the Company and shall also exhibit a like inscription on all invoices, bills, memos, letter, papers and labels used in connection with the said Agency.



The Company shall from time to time furnish the Agent with a statement of the minimum prices at which the said goods, produce and merchandise are respectively to be sold and the Agent shall not sell the same below such minimum prices but shall endeavor to obtain the best price respectively procurable.



During the subsistence of the agency hereby created the Agent shall devote his whole time and attention to the sale of the Company's said goods produce and merchandise and shall not sell goods, produce or merchandise or the same or similar class or any other wares whatsoever as shall or may compete or interfere with the sale of the Company's said goods, produce or merchandise either on his own account or on behalf of any other person, firm or company and shall not do or suffer to be done any act whatsoever as may prevent such sale or otherwise interfere with the development of the Company's trade or business in those commodities in the said country,

Upon receipt of an order for any such goods, produce or merchandise as aforesaid the Agent shall immediately transmit the same to the Company and the Company on being satisfied that the terms and conditions on the part of the Agent to be observed and performed hereunder have been duly fulfilled shall execute the said order by supplying the said goods, produce or merchandise direct to the purchaser.



Upon the execution of such order as aforesaid the Company shall forward to the Agent a duplicate copy of the invoice sent with the goods to the purchaser thereof and shall from time to time inform the Agent when payment is made by any purchaser to the Company.







The Agent shall duly keep an account of all his dealings as such agent and shall within a week after every six calendar months send a copy of such account to the Company and on the same being found correct the Company shall pay to the Agent the commission next hereinafter mentioned.


The Company shall allow the Agent by way of commission ............ percent of the invoiced price of all goods, produce and merchandise ordered through the Agent and duly paid for by the respective purchasers thereof.


The Company shall during the subsistence of the agency hereby created pay to the Agent by way of additional remuneration a sum of Rs. .......... per month. Such monthly remuneration shall be remitted to the Agent within ……. week of every month. In like manner the Company shall also pay to the Agent the cost of all …………… sent to it by the Agent in connection with the sale of the Company's said goods, produce and merchandise.


The Company may by notice to the Agent terminate this agreement and thereupon the agency hereby created shall cease except so far as concerns the rights of either party in connection with any act, deed or thing done, omitted or suffered by either party prior to such determination.



The agency hereby created shall be terminated by the death of the Agent or by his becoming incapable of doing business for a period of ............ months or by his becoming a bankrupt or by his effecting a composition with his creditors and shall, save so far as concerns the rights and remedies of the Company, ipso facto determine on the Agent committing any act of fraud on the Company.


The Agent shall duly maintain and preserve or cause to be maintained and preserved all usual and proper books of account and all other papers and documents relating to the agency hereby created and shall permit the Company and all persons authorized by it from time to time to examine the same or to take or cause to be taken copies of or extracts from such books, papers and documents and/or to remove or take away the same. The said books, papers and documents shall be the property of the Company and delivered to it or its authorized representative on determination howsoever of the agency hereby created un-defaced and un-mutilated.


The Agent shall in all cases make necessary enquiries into the financial position and commercial status of all persons, firms and companies with whom he may deal on behalf of the Company and shall give to the Company all information’s it may desire of such persons, firms and companies.



The Agent shall send to the Company a weekly report, of all business done by him on its behalf and of his efforts to extend its business and shall give to the Company all other information’s which it may desire to have and shall also send to the Company such cables from time to time as may be necessary in connection with the said business.



All questions or differences whatsoever which may hereafter arise between the parties hereto touching these presents or the subject-matter thereof or arising out of or in relation thereto shall be referred to arbitration which shall be held at …………………


COMPANY





GPA HOLDERS
Photo


WITH COMPANY SEAL




LTM FOR IDENTIFICATION




SIGNATURE


Name:…………………………………….




AGENT










Photo







LTM FOR IDENTIFICATION




SIGNATURE




Name:…………………………………….





Witnesses




Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE



2 Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE

MODEL DEED - ON OVERSEAS AGENCY

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AGREEMENT ON OVERSEAS AGENCY



AN AGREEMENT made this ..........................day of.......................... 200.. BETWEEN

M/S ……………………………………………………………………………………………………………… a company registered under companies act 1956, having its registered office at ……………………….. ……………………………………………………………………………………. Duly represented by its GPA holder Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the company, unless repugnant to the context herein the word shall mean and include its successors in office, administrators, executors and assigns of the one part

And

Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the distributors/agents/………….., unless repugnant to the context herein the word shall mean and include his heirs for any dues and liability as an agent, permitted assigns of the other part




WHEREBY IT IS AGREED as follows :


1. The company hereby grants to the distributors the exclusive right during the continuance in force of this agreement to purchase for resale in the territory specified in the first schedule hereto {hereinafter called the territory) those of its products specified in the second schedule hereto (hereinafter called the products) subject to the terms and conditions hereinafter appearing.



2. The period during which this agreement shall be in force shall be a period of............... years from …………………… and thereafter from year to year subject to the provisions as to termination either during the period of................. years or thereafter contained in ………….. hereof Or This agreement shall come into force on ………….. and shall continue until terminated in accordance with the provisions of clause ………………



3. Orders for the products shall be made by the distributors to the company at [address] or to such other address as may subsequently be notified by the company and the company shall sell the products to the distributors in accordance with those orders at such prices as the company shall from time to time fix [f.o.b. Indian port approved by the company or as the case maybe.]) The company undertakes to fulfill the orders of the distributors for the products with all reasonable dispatch but shall not be liable in any way for any loss of trade or profit occurring to the distributors in the event of delivery of the products being frustrated or delayed by strikes riots lockouts trade disputes acts or restraints or governments the imposition of restrictions on exportation or from any other cause not within the control of the company.



4. Title to the products invoiced to the distributors shall pass to the distributors when the invoiced products are placed on board ship at the approved Indian port and payment therefor shall become due from and payable by the distributors in net cash on receipt of shipping documents except in so far as other terms for payment may from time to time be agreed by the company.



5. Payment for the products shall be made by the distributors to the company at any banking institution in India nominated by the company in …………………… or at such other place or in such other ………………. as may be notified in writing by the company and is permissible under the Foreign Exchange Regulation.



The distributors hereby undertake and agree with the company that they will at all times during the continuance in force of this agreement observe and perform the terns and conditions set out in this agreement and in particular;


a. Will use at all times their best endeavours to promote and extend sales of the products throughout the territory to all potential purchasers thereof and work diligently to obtain orders therefor— (1) By means of personal visits to and by correspondence with such purchasers. (2) By advertising and by the distribution of printed matter subject however to the specific prior approval in writing in all cases of the company to the form manner extent and wording of such adver­tising and such distributed matter and without recourse to the company for any expense incurred unless such expense is specifically authorised by the company in writing

b. Will not without the previous consent in writing of the company be concerned or interested either directly or indirectly in the manufacture production importation sale or advertisement of any goods in the territory which are like or similar to or which either alone or in conjunction with some other product perform or are designed to perform the same or a similar function to or which might otherwise compete or interfere with the sale of any of the products


c. Will not either directly or through any agent sell any of the products outside the territory or knowingly or having reason to believe that they would be so resold sell the products to any person or body corporate or unincorporated within the territory with a view to their resale outside the territory


d. Will in all correspondence and other dealings relating directly or indirectly to the sale or other dispositions of the products clearly indicate that they are acting as principals.


e. Will not incur any liability on behalf of the company or in any way pledge or purport to pledge the company's credit or accept any order or make any contract binding upon the company without the company first approving the terms thereof.


f. Will not sell the products at any price other than that for the time being fixed by the company for the sale of products within the territory without the previous consent in writing of the company.


g. Will immediately bring any improper or wrongful use in the territory of the company’s patents trade marks emblems designs models or other similar industrial or commercial monopoly rights which come to their notice to the attention of the company and will in and about the execution of their duties use every effort to safeguard the property rights and interests of the company and will assist the company at the request of the company in taking all steps to defend the rights of the company other than by the institution of legal proceedings.


h. Will promptly bring to the notice of the company any information received by them which is likely to be of interest use or benefit to the company in relation to the marketing of its products in the territory.


i. Will keep full proper and up-to-date books of account and records showing clearly all inquiries transactions and proceedings relating to the distributorship and will allow the authorized officers of the company to have access to the said books and records and take such copies thereof as they may require.


j. Will from time to time upon the request of the company supply to the company reports returns and other information relating to the distribu­torship.


k. Except in so far as hereinafter provided the distributors shall not assign transfer charge or in any manner make over or purport to assign transit charge or make over this agreement or their rights there under or any part thereof without the consent in writing of the company.


l. Will in purchasing the products be bound by the company's conditions of sale as from time to time in force and any modification thereto made by the company either generally or in respect of any particular purchase and in selling will contract on like terms to those conditions as from time to time in force together with any general or particular modifications as respects any particular sale and will not make any promises represen­tations warranties or guarantees with reference to the products except such as are consistent with those conditions or as are expressly authorized by the company in writing.


m. Will not alter obscure remove conceal or otherwise interfere with any markings or nameplates or other indication of the source of origin of the goods which may be placed by the company on the products.


The company hereby agrees with the distributors that it will during the continuance of this agreement:


a. Not sell any of the products to any person or body corporate or unincorporated within the territory other than the distributors or to any person or body corporate or unincorporated outside the territory with a view to the resale of the products within the territory save as provided in clause ……………….. hereof;


b. At its own expenses supply the distributors with such amount of samples and patterns and of instruction books technical pamphlets catalogues and advertising material in ……………….. language as it considers reasonably sufficient with a view to promoting sales of the products within the territory;


c. Whenever the company considers it necessary send at its own cost a representative to visit the distributors for the purpose of promoting sales of the products;


d. Use its best endeavors to safeguard the sole and exclusive rights hereby granted to the distributors including the taking of such steps as may be available to it to prevent the infringement of those rights by other distributors or agents of the company and to prevent the infringement of its patents trade marks emblems designs and other similar industrial or commercial monopoly rights within the territory.


The company reserves to itself notwithstanding anything to the contrary herein contained the following rights:


a. To supply the products to customers within the territory after [date of commencement of agreement] in pursuance of firm orders placed with the company before that date or in pursuance of orders resulting from negotiations pending at that date and no right to any payment shall accrue to the distributors in respect thereof provided that information relating to all such orders and negotiations shall be given to the distributors within........ days of the commencement of this agreement;


b. To trade direct for ultimate delivery of the products within the territory but so that where the products are sold by the company with knowledge that they are for use in the territory the distributors shall be entitled to be paid a commission of............. per cent on the net price ……….. Indian port approved by the company in consideration of the distributors assisting the company to obtain business from the territory as and when requested and on receipt by the company of payment in full for the products; Provided that—


c. The distributors shall not be entitled to con .mission on any sale in respect of which they have failed to render such assistance as may be requested by them


d. The distributors shall be entitled to only such commission as the company may in its absolute discretion determine on any sale direct by the company to any Government department or agency State-owned public utility or industry in the territory


e. In its discretion to decline to submit, a tender on any inquiry or to accept any order from the distributors and by so declining shall not incur any obligation to the distributors;


f. To vary the first schedule hereto defining the products either by withdrawing there from a class or classes of products named therein in the event of the company ceasing to manufacture that class or or those classes of products or by the addition thereof after consultation with [or with the agreement of] the distributors of a further class or further classes of products of the company;


g. If in the opinion of the company the distributors are not at any time producing adequate sales coverage throughout the whole of the territory and without prejudice to any other of its rights under this agreement either to vary the second schedule hereto so as to exclude from this agreement such part or parts of the territory therein defined as it thinks fit or to vary the first schedule hereto so as to exclude from this agreement such one or more of the products herein defined as it thinks fit or to take both these courses of action save that neither such course of action shall be taken under this clause without prior consultation with he distributors;


h. To take such steps itself as may seem necessary or expedient (including and without prejudice to the generality of the reserved right to appoint a representative in the territory) to promote the sale of the products in the territory and to notify the distributors of any persons firms or bodies corporate or incorporate carrying on business in the territory who appear to it to be potential purchaser of the products.



Upon the termination of this agreement from any cause or at any time previous to such termination at the request of the company the distributors shall promptly return to the company or otherwise dispose of as the company may instruct all samples patterns instruction books technical pamphlets catalogues advertising material specifications and other materials documents and papers whatsoever sent to the distributors and relating to the business of the company. Upon such termination the distributors shall forthwith deliver up to the company or otherwise dispose of as the company directs the products and any parts thereof the property of the company, which the distributors may have, in their possession or under their control. The cost of carnage insurance duty and charges incurred in any such return delivery up or other disposal shall be borne equally between the parties / by……………. Party.


The company shall have the right at anytime by giving notice in writing to the distributors to terminate the agreement forthwith in any of the following events: If the distributors commit a breach of any of terms or conditions of this agreement; If the distributors enter into liquidation whether compulsorily or volun­tarily otherwise than for the purposes of amalgamation or reconstruc­tion or compound with their creditors or have a receiver appointed of all or any part of their assets or take or suffer any similar action in consequence of debt / If the distributors or any of the members of the firm become bankrupt or insolvent or enter into any arrangement with their creditors or take or suffer any similar action in consequence of debt. After ……………………………… either party shall have the right to determine this agreement by giving ....... calendar months' notice in writing, expiring on the ................... date of.............. in the ....... or in any subsequent year to the other party.

The distributors undertake that they will not at any time after the making of this agreement divulge any information in relation to the company's afffairs or business or method of carrying on business.


Where in order to enable the distributors to maintain adequate sales coverage the appointment by the distributors of agents or sub-distributors is desirable the distributors shall be entitled with the previous consent in writing of the company to make such appointment but only on such terms as the company shall in writing approve and the distributors shall be at all times responsible for the acts deeds or omissions of all persons firms or companies so appointed.


The company shall not be responsible for acts or defaults of the distributors' employees or representatives.


Nothing in this agreement shall constitute or be deemed to constitute a partnership between the parties hereto or constitute or be deemed to constitute the distributors as agents of the company for any purpose whatever and the distributors shall have no authority or power to bind the company or to contract in the name of and create a liability against the company in any way or for any purpose.


Any dispute difference or question which may arise at any time hereafter between the company and the distributors touching the true construc­tion of this agreement or the rights and liabilities of the parties hereto shall be referred to the decision of a single arbitrator to be agreed upon between the parties or in default of agreement for fourteen days to be appointed at the request of either party by [person nominated to appoint in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force.


This agreement shall be deemed to have been made in India and the construction validity and performance of this agreement shall be governed in all respects by the law of that country.




COMPANY





GPA HOLDERS
Photo


WITH COMPANY SEAL




LTM FOR IDENTIFICATION




SIGNATURE



Name:…………………………………….


AGENT/DISTRIBUTOR






Photo







LTM FOR IDENTIFICATION




SIGNATURE





Name:…………………………………….


Witnesses


Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE



2 Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE

MODEL DEED ON AGENCIES

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AGENCY AGREEMENT








AN AGREEMENT made this ..........................day of.......................... 200.. BETWEEN M/S ……………………………………………………………………………………………………………… a company registered under companies act 1956, having its registered office at ……………………….. ……………………………………………………………………………………. Duly represented by its GPA holder Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the company, unless repugnant to the context herein the word shall mean and include its successors in office, administrators, executors of the one part and Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the agent, unless repugnant to the context herein the word shall mean and include his heirs for any dues and liability as an agent of the other part




WHEREBY IT IS AGREED as follows:





1. The company hereby appoints the agent as its sole selling agent in the areas described in the A schedule hereto (hereinafter called the territory) to obtain orders from business houses therein for the products of the company set out in the B schedule hereto (hereinafter called the products) on the terms and subject to the conditions hereinafter set out.





The agency hereby created shall commence on the.......................... of...................... 200 .. and shall continue until determined as hereinafter provided.




It shall be the duty of the agent to use his best endeavors to maintain and increase the sale of the products and to represent properly the interests of the company within the territory by systematic canvassing either personally or with the assistance of his travelers by assisting in advertising schemes which the company may organize within the territory and in all other practicable ways. Provided always that the agent shall not incur any expenditure on advertising except with the previous express authority of the company in writing.




All orders solicited by the agent shall be solicited only at the prices and on the conditions of sale set out in the company's current price list applicable to the territory unless the previous express authority of the company in writing has been obtained.




All orders obtained by the agent shall be forwarded immediately to the company at its registered address or such other address as may subsequently be notified to the agent.




In consideration for the services to be performed by the agent for the company the company agrees to pay the agent an annual sum of Rs.........………………………….. payable in arrear in equal installments at intervals of........................... months) and in a commission of................................ Percent on the invoiced price [less Income-Tax/service tax/ other taxes] of orders executed on behalf of customers introduced by the agent including repeat orders from those customers. No commission shall be payable in respect of bad debts or on replacements made free of cost by the company.




7. The company hereby agrees with the agents that it will during the continuance of this agreement:



At its own expense supply the agents with such amount of samples patterns instruction books technical pamphlets catalogues and advertising material as it consider reasonably sufficient with a view to promoting sales of the products within the agency district.




Provide the agents with a stock of the goods free of all expense of delivery to the agents' premises to the value of Rs............... according to the company's price list and replenish every …………… months such stock so as to keep it at that value Provided always that the agents shall have no right of action against the company for delay occasioned by shortage of stock delays in transit accidents strikes or other unavoidable occurrence in replenishing such stock;




Where practicable refer all inquiries for the goods received from addresses within the agency district to the agents. Provided that if it is impracticable in the opinion of the company so to refer such inquiries the company shall have the right to supply the goods direct to addresses within the agency district and will pay to the agents in respect thereof such remuneration as is specified in clause ………………… hereof.




The commission payable in pursuance of clause ………….. hereof shall be payable at the end of each …………………………… in respect of invoices paid in full during that ………………… except that where payments by customers are made in installments the agent shall be credited with proportionate part of the commission on receipt by the company of each such installment and the installment shall be deemed to be payment in full for the purpose of determining the commission payable in the appropriate period.




The agent shall during the continuance of this agreement in all matters act loyally and faithfully to the company and during the continuance of this agreement and for a period of................... years after the termination of this agreement for any cause whatsoever shall not engage or be interested either directly or indirectly whether as principal agent or employee in any business competing with that of the company within a radius of............ form..............






8. The company may determine the agency immediately at any time hereinafter on the happening of any one or more of the following events,



a. Should the agent die or in the opinion of the company from any cause become incapable of carrying out the terms of the agency and his duties hereinafter.

b. Should the agent become bankrupt or make composition with his creditors or being a company go into liquidation either voluntary or compulsory or should the agent's position at any time be such that in the opinion of the company it is inexpedient for the agent to continue to act as agent.

c. Should the agent being a partnership firm without the written consent of the company previously given alter the constitution of the firm either by dissolution or by retirement of a partner or by taking any new partner or partners or otherwise change the constitution organization or management of the agent's business.

d. Should statutory restrictions be levied upon the agent's goods.







The agency may subject as aforesaid be terminated at any time by either party giving to the other three calendar months' notice in writing. Provided that the company may if it so chooses pay to the agent in lieu of notice a sum equivalent to ………………………. of the amount of commission earned by him during the …………. Completed quarters of the agent's service hereunder immediately prior to the date of the termination of the agency or if the agent's service is less than ……… year then a sum equivalent to the amount of …………………….. earned by the agent during the last completed quarter of the agent's service.




10. The company reserves to itself the right notwithstanding anything to

the contrary herein contained:





To continue to sell and supply the goods to the customers in the agency district listed in the second schedule hereto [in pursuance of contracts currently in force between the company and those customers] and no right to commission shall accrue to the agents in respect of any such sale;


To vary the first schedule hereto defining the goods either by the withdrawal there from of a class or classes of goods named therein in the event of the company ceasing to manufacture that class or those classes of goods or by addition thereto after consultation with [or with the agreement of] the agent a further class or of further classes of goods of the company;
If in the opinion of the company the agents are not at any time adequate sales coverage throughout the whole of the agency district an prejudice to any other of its rights under this agreement either to vary the of the agency district so as to exclude from this agreement such part of that district as it thinks fit or to vary the first schedule hereto so as to exclude from the agreement such one or more of the classes of goods therein set out as it thinks fit or to take both these courses of action save that neither such course of action shall be taken without prior consultation with the agents;


In the event of its business or any part thereof (being a part concerned in the manufacture of the goods to which this agreement relates or any class of those goods) being transferred to any other company to assign its rights and obligations under this agreement to that other company after giving [one] month's notice of such assignment in writing to the agents








11. The agents hereby undertake and agree with the company that they will at all times during the continuance in force of this agreement observe and perform the terms and conditions set out in this agreement and in particular







a. Will use their best endeavors to promote and extend the sales of the goods throughout the agency district to all potential purchasers thereof and work diligently to obtain orders therefor;



b. Will in all matters act loyally and faithfully to the company and obey its orders and instructions and in the absence of any such orders or instructions in relation to any particular matter will act in such manner as they reasonably consider to be most beneficial to the company's interests;



c. Will not engage or be interested directly or indirectly as principal agent or employee in selling goods of any description or kind similar to those of the company or designed to perform the like functions as those of the company whether alone or in conjunction with any other goods without obtaining the previous consent in writing of the company;





d. Will not sell the goods on terms other than for cash against delivery unless the consent of the company in writing to give credit to a particular purchaser has been in each case first obtained the company reserving the right in the case of any such credit sales to stipulate for such increase in the price of the goods over and above full list price as it thinks fit;



e. Will not in selling the goods make any representations or give any warranties other than those contained in the company's conditions of sale;



f. Will not sell to any person [or body corporate or unincorporated] goods which they know or have reason to believe are intended for resale outside the agency district;



g. Will not sell the goods to any person [or body corporate or unincorporated] not carrying on trade as..................... except at the full list price (as herein defined) or to a person [or body] carrying on that trade except at that price less a discount of...............................percent and when selling the goods to any such person [or body] carrying on that trade will bring expressly to the purchasers notice the company's conditions of sale and in particular the conditions relating to minimum retail prices. Full list price means the full retail sale price in respect of the goods as contained in the company's official price list current at the time of purchase from the agents [Provided that in the event of this undertaking by the agents becoming illegal and unenforceable at law in respect of any class or classes of goods of the manufacturers subject to this agreement the undertaking shall be construed as if it applied only to those goods of the company as are outside such restrictions;



h. Will refer to the company all inquiries for the company's goods from addresses outside the agency district and from addresses in the agency's district for resale outside that district and the agents shall not be entitled to any remuneration in respect of any sales resulting from any such inquiries;



i. Will at their own expense rent and occupy for the purposes of the agency suitable premises and will keep insured to their full value against all risks all goods entrusted to them by the company under this agreement and on request will produce to the company the latest receipt for rents rates and taxes of the premises and for the premiums on insurance policies showing that the respective payments have been made on or about their respective due dates preceding the request;



j. Will in all correspondence commercial documents and on the name plate or other signs at their place of business describe themselves as selling agents for the company and will not describe themselves as the company's 'agents except in conjunction with the word "selling";





k. Will promptly bring to the notice of the company any information received by them which is likely to be of use or benefit to the company in marketing the goods and will in particular notify the company forthwith of any sale of the goods by any purchaser contrary to the company's conditions of sale brought to his notice under paragraph ………………….. hereof;



l. Will keep full and proper books of account and records showing clearly all inquiries transactions and proceedings relating to the agency and in particular all transactions undertaken by or through the agents in relation to the goods such books and records being separate from those relating to matters not relating to the agency and remaining at all times the property of the company;



m. Will maintain a separate bank account in respect of money received by them in respect of sale of the company's goods and will remit to the company on the first business day in each [month] all sums received by them in respect of sales of those goods during the preceding [month] less such amount as they are permitted to deduct in accordance with clause ……….. hereof.



n. Will allow the authorized officers of the company at all reasonable times to have access to the agents' premises for the purpose of inspecting the said books and records and for the purpose of taking stock of the company's goods on those premises;



o. Will from time to time upon the written request of the company supply to the company reports returns and other information relating to the agency;



p. Will not assign transfer charge or in any manner make over or purport to assign transfer charge or make over this agreement or their rights hereunder or any part thereof without obtaining the previous consent in writing of the company;



q. Will not alter remove or tamper with the marks or numbers on the goods deposited with them by the company;



r. Will not incur any liability on behalf of the company or in any way pledge or purport to pledge the company's credit; in the event of dispute arising between the agents and a purchaser in relation to the sale of the goods will forthwith inform the company of the dispute and will not without the company's consent in writing take any proceedings in respect of or compromise the dispute or grant a release to any debtor of the company;







12. This agreement shall be deemed to have been made in India and the construction validity and performance of this agreement shall be governed in all respects by Indian Law.



13. The text of this agreement herein written in English language is the authentic text and any difficulties of uncertainties in interpretation arising shall be solved solely by reference to this text.



All previous agreements and arrangements if any made between the company and the agents are hereby cancelled but without prejudice to any rights which have already accrued thereunder to either party.


This agreement embodies the entire understanding of the parties and there are no promises terms conditions or obligation oral or written express or implied other than those contained herein.


Any notice required to be given hereunder shall be sufficiently given to the agents if forwarded by registered post cable telegraph telex or wireless telegraphy to the last known postal address of the agents in territory and shall be sufficiently given to the company if similarly forwarded to its registered office in India. Every notice shall be deemed to have been received and given at the time when in the ordinary course of transmission it should have been delivered at the address to which it was sent.



The words "in writing" whenever contained in this agreement shall be deemed to include any communication sent by letter telegram or wireless telegraphy.






Any dispute difference or question which may arise at any time hereafter between the company and the agent touching the true construction of this agreement or the rights and liabilities of the parties hereto shall unless otherwise herein expressly provided, be referred to the decision of a single arbitrator to be agreed upon between the parties or in default of agreement to be appointed at the request of the either party in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force.







A- SCHEDULE





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B- SCHEDULE




…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..







COMPANY










GPA HOLDERS
Photo




WITH COMPANY SEAL









LTM FOR IDENTIFICATION








SIGNATURE




Name:…………………………………….





AGENT










Photo















LTM FOR IDENTIFICATION








SIGNATURE






Name:…………………………………….



Witnesses


Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE





2 Name……………………………..
S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE

DEVELOPMENT AGREEMENT BY THE LANDLORDS

CLICK HERE

DEVELOPMENT AGREEMENT BY THE LANDLORDS

IN FAVOUR OF A BUILDER

THIS AGREEMENT made at ……………. this ....... day of ............, 2006, between (1) ………………………………………………, son of ………………………………………., resident of ……………..; (2) ……………………………………., son of …………………………………….. resident of …………….. (3) …………………………………………. son of …………………………………………, resident of …………….. (4) ……………………………………., son of ………………………………, resident of …………….. (5) …………………………….., son of ……………………………… resident of …………….., and (6) ………………………………….., son of ……………………………………. resident of …………….., hereinafter called "the Vendors" (which expression shall unless repugnant to the context or meaning thereof mean and include their respective heirs, executors, administrators and assigns) of the FIRST PART; ……………………………………………………, resident of ………………….., hereinafter called "the Confirming Party" (which expression shall unless repugnant to the context or meaning thereof mean and include her heirs, executors, administrators and assigns) of the SECOND PART and …………………... a partnership firm through its Partner………………………………, son of ……………………………, resident of …………............., hereinafter called "the Developers" (which expression shall unless repugnant to the context or meaning thereof mean and include partner or partners for the time being of the said firm, survivors or survivor of them and the heirs, executors, administrators of such survivor, their, his or her assigns) of the THIRD PART.


WHEREAS the Vendors are absolutely seized and possessed and sufficiently entitled to all those pieces or parcels of agricultural land, ground, hereditaments and premises one of which is the property bearing No. ............, admeasuring about …........ sq. meters, situated at .............……………................... and more particularly described in the Schedule hereunder written and delineated on the plan hereto annexed and thereon shown surrounded by a red colour boundary line (which property shall hereinafter for brevity's sake be referred to as 'the property').


AND WHEREAS the said property was owned and possessed by Shri ……………………………. and after the death of said Shri ……………………….., the said property was transferred to the name of his ………………….. ............... and after the death of the said ................... who died on ....................... the said property is inherited by the Vendors herein as the only legal heirs and representatives of the said Shri ……………………………….


AND WHEREAS the name of ……………………………., who is the second daughter of the said ....................... was entered into ……………… by Mutation Entry No. .............. only on ................. However, the Vendors continued in the absolute possession of the said property being the heirs of said Smt. …………………… who had inherited the property of her deceased father Shri …………………………………. and claimed the same absolutely she being under customary form of marriage and allowed to retain the property to her father absolutely and as such the said Smt. …………………………………. does not claim any right, title and interest in the said property and agreed to confirm this agreement without claiming any right, title and interest therein.


.


AND WHEREAS the Developers herein have approached the Vendors with an intention to develop the said property from the Vendors and pursuant to the negotiations by and between the parties hereto and subject to the necessary approval being granted by several Competent Authorities, which approval/sanction is agreed to be persuaded by the Developers at their own costs and expenses and also subject to the plan of the proposed development being sanctioned by the Deputy commissioner / planning authorities / Municipal Corporation of …………………, which responsibility is agreed to be shouldered by the Developers herein as a result of which hereof the Vendors are desirous of appointing the Developers as developers of the said property more particularly described in the Schedule hereunder written for the consideration and upon the terms and conditions hereinafter appearing:



NOW THESE PRESENTS WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:


(1) The Vendors do hereby nominate, constitute and appoint the Developers to develop/purchase the said property at their own cost more particularly described in the First Schedule hereunder written by constructing building/s thereon as per the plans/specifications to be approved and/or sanctioned by the ………………………. Municipal Corporation and other Competent Authorities.


(2) In consideration of the Vendors having appointed the Developers as the Developers of the said property and the Vendors agreeing to allow the Developers to appropriate to themselves the entire profits arising from the development scheme as is hereinafter provided, the Developers agree to pay to the Vendors a sum of Rs. ............. (Rupees ........................ only) lump sum in the following manner:


(a) Rs. .............. (Rupees ............................ ) being the part consideration and/or earnest money paid by the Developers to the Vendors on or before the execution of these presents (the payment and receipt whereof the Vendors doth hereby admit, acknowledge, acquit, release and discharge the Developers forever). On execution of these presents the Vendors shall hand over vacant and peaceful possession of the said property to the Developers for the purpose of development.


(b) Rs............... (Rupees ................. only) being the further payment in the share of the development payable by the Developers to the Vendors on or before .................. ; which failure to pay this amount on stipulated date will entitle Vendors to claim interest at ..... % p.a. from the date of default till payment.


(c) Rs .............. (Rupees ................................ only) to be paid on or before the .......... day of ..................., 2006.


(d) Rs.............. (Rupees ............................ only) to be paid by the Developers to the owner on or before the ......... of .............., 2006.


(e) Rs.............. (Rupees .................. only) on or before the .......... of ..............., 2006.


(f) Rs.............. (Rupees ....................... only) on or before the ......... of

...................., 2006.


(g) Rs . .............. (Rupees ...................... only) on or before the ........... of ..................., 2006.


The above stated payment shall entitle the Vendors an interest from the date of default till the payment on the stipulated rate of ..... % p.a. as stated hereinabove, on the balance of the purchase price in full and final settlement of the Vendor's claim over the said land on completion of the sale and/or execution of the Conveyance Deed and if more than one Conveyance Deed are to be executed on execution of last conveyance and all other necessary writings in favour of the Developers, his/their nominee/s including a proposed co-operative housing society or a Body Corporate as is hereinafter provided. It is made clear that if the Developers fail to take conveyances in his/their favour or in favour of the said proposed co-operative housing society before the amount stated in this sub-clause is to be deposited by the Developers with the Vendors till the conveyances and all other necessary writings as stated hereinabove are completed and/or executed and the property in question is transferred to the name of the said proposed co-operative society, but if the Developers fail to deposit the said amount as stipulated herein, they shall be liable for penal interest at the rate of ..... % from the date of default as stated above.


Provided that if any FAR in addition to the existing available FAR becomes available in respect of the said property, the Developer shall pay an additional sum @ Rs. ............. per Sq. ft. to the Vendors on such additional FAR being sanctioned by the Municipal Corporation. The said payment will be made in 2 instalments on or before .................. and ..................., 2006.


(3) Within seven days from the execution of these presents, the vendors shall deliver or cause to be delivered all the title deeds, property card, certified copy of the plans of City Survey, etc. in relation to the property hereby agreed to be developed to Builder's Legal Manager Mr. ..................................... ,. for the purpose of investigation of Vendor's title to the said property.


(4) The present price of Rs. .......... is based on the area shown in …………………….. i.e. ............... sq. meters, which are to be ascertained by the parties hereto on joint survey and if the area is varied i.e. increased or decreased, the price will fluctuate - either increase or decrease at the rate of Rs . ............ per sq. meter.


(5) As per the present development plan, certain areas of the property hereby agreed to be developed is reserved for ……………………………. The Developers are not bound to pay for the said reservation, but in case they get the benefit of FAR and use the same for the purpose of development, they shall pay the Vendors at the above stated stipulated rate to the extent of benefit they have received from the said ………………………….. reservation.


(6) The Vendors declare that they have already filed the return as required under section 6 of the Urban Land (Ceiling & Regulation) Act, 1976. When the act was in force. The Vendors hereby authorise the Developers to obtain the N.O.C. under the different provisions of the acts and rules, for the purpose of development of the property, which is hereby agreed to be developed. The Vendors further assure to extend maximum co-operation for obtaining N.O.C. and for giving declarations, affidavits, etc.


(7) Upon the payment of the said sum specified in clause 2(b) above, the Vendors shall hand over the vacant and peaceful possession of the said property to the Developers and Developers shall thereafter be authorised to commence construction of buildings on the said land in accordance with the plans approved and/or sanctioned by the planning and municipal authorities, and take such steps as may be necessary or expedient and incidental to carry out the development of the said land at their own costs, expenses. For the said purpose, the Developers shall be entitled to appoint Architects, Engineers, Surveyors, Contractors, Agents and other personnel and shall be entitled to take all such steps as may be necessary or incidental for such development and construction work at their own costs and expenses.


(8) It is agreed and undertaken by the Developers that they shall at their own costs and expenses persuade the matter regarding NOC with the Competent Authorities under the several acts and obtain NOC from such authority. It is further agreed by the Developers that all the necessary permission and/or sanction required from the Competent Authority and/or State Government either for the purpose of development of the said property or for the transfer of the said property including the proposed structure thereon, shall be obtained by the Developers at their own costs and expenses and the Vendors shall not be liable for any such NOC, expenses relating thereto or delay in obtaining the same.


(9) Immediately on the execution of these presents, the Vendors herein shall execute a Power of Attorney in favour of the Developers or their Nominee(s) as may be desired by the Developers for the purpose of signing and/or executing all the applications, proceedings, plans, etc. to obtain necessary approval from the various authorities in connection with the development to be submitted by the Developers on behalf of the Vendors to the Competent Authority, , Municipal Corporation of …………………, Town Planning Authority or any other Government or Semi-Government authority in connection with the development so as to facilitate the development of the property hereby agreed to be developed by the Developers on behalf of the Vendors. The Vendors hereby agree that the said Power of Attorney shall not be, under any circumstances, revoked by the Vendors as long as these presents subsist and remain binding upon the parties hereto. If the said Power of Attorney is revoked by the Vendors and delay is caused in developing the property hereby agreed to be developed the consequences arising thereof shall be at the costs of the Vendors alone.


(10) It is agreed and undertaken by the Developers that they shall at their own costs and expenses persuade the matter with Town Planning Authorities, Municipal Corporation of …………………., …………………Electric Supply for the purpose of removing the reservation/restriction, if any and for the purpose of allotting the plots under ………. Scheme, etc. and under no circumstances, the Developers shall call upon the Vendors to pay the costs of such actions. The Developers agree and undertake that at any post and under any circumstances they will get the property released from reservation, if any, and get the said allotted under ………. Scheme. in favour of the Vendors. It is agreed by the Developers that whatever may be the final sanction under ………. Scheme they shall pay to the vendors as per the original plot area.


(11) The Vendors shall render all assistance, co-operation and sign and execute or cause to be signed and executed all applications, plans, authorities and other writings as may be necessary or required to enable the Developers for development of the said plot and to obtain approval of the ……….. Municipal Corporation and Planning Authority to the Plans, designs and drawings for putting up building and structures and shall on the execution thereon execute a Power of Attorney in favour of the Developers or their Nominee/s to enable them to develop the said property and the Developers shall indemnify and keep indemnified and harmless the Vendors and their estate and effects from and losses or damages or any consequences which may flow by virtue of their signing the said Power of Attorney.


(12) All buildings to be constructed on the lands comprised under this Agreement and the dwelling units thereon will be in accordance with the Scheme sanctioned by the Competent Authority or State Government and will be dealt with in accordance with the directions, if any, given by the Competent Authority or State Government while sanctioning the said scheme. If the Developers desire any variations in the said scheme, so as to provide dwelling units of larger sizes in the building to be constructed on the said land and/or to receive higher price for such dwelling units the Developers, shall be at liberty to make necessary application for the purpose to the authorities concerned at their own costs and the Vendors shall join the Developers in the said applications provided however, if the authorities concerned refuse or decline to give ,any such applications, which may be made by the Developers, dwelling units on the said property will be constructed in accordance with the scheme which may be sanctioned by the Competent Authority or State Government under the said Act.


(13) The Developers shall not commence any work of development on the said property, unless the no objection and commencement certificate is issued by the State Government/Municipal Corporation in favour of the vendors.


(14) It is expressly agreed by the Developers that they shall at their own costs and expenses obtain permission/s from the Competent Authority for the purpose of development of the said property and/or for the purpose of implementing the construction scheme in respect of the entire property hereby agreed to be sold, so as to enable the Developers to construct the dwelling units as per the scheme sanctioned by the Competent Authority and to enable the Developers to consume the entire available F.S.I. and after being constructed to allot flats/shops/garages, etc. to the intending flat purchasers and ultimately to transfer the said property to a co-operative housing society and/or a company. It is also agreed and undertaken by the Developers that they shall apply for and obtain non-agricultural user from the Collector, in respect of the said piece or parcel of land.


(15) The Vendors shall make out a clear and marketable title to the said property, hereditaments and premises agreed to be developed and ultimately to be conveyed free from reasonable doubts and all encumbrances and shall at their own costs and expenses get in all outstanding estates and clear all defects in the title and all encumbrances and claims on or to the said property including all claims by way of sale, exchange, mortgage, gifts, trust, hereditaments, possession, except the possession of agricultural tenants, easement, lease, lien or otherwise.


(16) It is agreed and understood that the Vendors shall not in any way obstruct the development work to be carried out by the Developers and shall not do any act, matter or thing whereby the Developers will be prevented from carrying out the Development work envisaged under this Agreement.


(17) The Developers shall at their own cost make necessary arrangement for construction of the buildings on the said land in accordance with the scheme, which may be approved by the Competent Authority or State Government under the provisions of the said Act and the Developers shall execute an indemnity in favour of the vendors for the due performance of the terms of the said order.


(18) The Developers shall be at liberty to allot the dwelling units of flats in the said buildings to be constructed on the said property or to enter into any package deal agreement for allotment of completed building or buildings to be constructed on the said land with such party or parties and at such price 'and on such terms and conditions as the Developers/Purchasers may deem fit and proper. All such allotments and arrangements shall, however, be made by the Developers at their own costs and expenses and at their own risk, the intention being that the Developers shall alone be liable and responsible to such party or parties, provided, however, that the price and the terms and conditions at or on which the said building or buildings or part thereof are to be allotted shall not in any manner be inconsistent with or in contravention of any law and conditions imposed in NOC’s issued by different authorities and also as may be sanctioned by the Competent Authority or State Government. The Developers hereby indemnify and keep indemnified the Vendors in respect of any such claim that may be made or suffered by the Vendors and costs, charges and expenses on account of sale or allotment of flats or otherwise.


(19) The Developers shall be entitled to enter into usual Agreement for sale of flats/shops/ garages/office premises with various intending buyers, on what is known as ownership basis, on such terms and conditions and at such price as the Developers may think fit and proper: PROVIDED, however, the Developers shall not part with possession of the flats, shops, garages, units, etc. in the buildings that will be constructed by them in pursuance of this Agreement unless and until the entire amount payable to the Vendors as per these presents is paid by the Developers to the Vendors.


(20) All amounts payable by the allottees of the dwelling units and the buildings to be constructed on the said piece of land or from the allottees of completed building in case of package deals under any arrangements made by the Developers with such allottees shall be received and appropriated by the Developers.


(21) The entire development work in respect of the property shall be carried out by the Developers in accordance with the plans that may be approved by the Municipal Corporation of ……………. and other concerned authorities and while carrying out construction work, the Developers will strictly comply with the building rules and bye-laws of the Municipal Corporation ……………………….., various instructions, orders and directives, that may from time to time be issued in regard to the construction work by the ……………………………….. and other concerned authorities. The Developers shall carry out the entire construction work at their own account and risk and at their own responsibility and shall pay and discharge all the costs, charges and expenses in relation to the construction work including payment of salaries and wages to the personnel and workmen employed in construction work, bills of the suppliers of building materials, Municipal rates and taxes in respect of the said property and from the date the Developers being put in possession and allowed to enter upon the said property, fees of the architects and R.C.C. specialists and consultants and all other professionals charges and/or retained in regard to the construction work. The Developers hereby agree to indemnify and keep indemnified the Vendors of land from or against any claim that may be made against Vendors by any one and/or any damage the Vendors may suffer as a result of the Developers committing breach of any of the building bye- laws, rules, orders, directives, instructions that may be issued by the Municipal Corporation of ………………. and other concerned authorities in connection with the construction work as aforesaid and/or the Developers committing default in payment of the salaries, wages and fees including the payment for injuries or any compensations during the progress of work of various mentioned hereinabove as also in payment of the Bills of Suppliers of the building materials and in payment of the Municipal taxes or in any damages or loss that may be suffered or sustained by the Vendors as a result of the Developers carrying out the construction work and/or development on the said property.


(22) It is agreed that the developers shall carry out ail the work of development in their name/s or in the name of their nominees, shall not do or cause to be done any act, deed, matter or thing in the name of the Vendors. It is expressly understood that all the agreements, arrangements or writings which the Developers may enter into shall be in their own name and not in the name of the Vendors.


(23) The Vendors hereby declare that:


(a) The said property is equivalent to freehold and is not held under any agreement;

(b) There are no outstanding encumbrances, mortgages, liens (notice for acquisitions, requisitions or set back) easements, rights of tenants or outstanding interest or claim by any parties other than the Vendors nor is the said property subject-matter of any pending suit or attachment either before or after judgement. No notification is issued under any Ordinance, Act, statute/rules or regulations affecting the said property;

(c) The Vendors further declare that neither the Vendors nor his/their predecessors-in-title nor any body claiming from/or under them or any of them have or have granted any right of way or easement or other rights to any person over the said property;

(d) The Vendors agree and undertake to obtain consent and confirmation from Smt. ………………………… and in case of her demise before the execution of the conveyance from the legal heirs of said Smt. ………………………… confirming the sale in favour of the Developers or their nominee/s including a co- operative housing society as the case may be.


(24) It is agreed that the Vendors and all other necessary parties shall execute the Deed of Conveyance and/or all other writings in favour of such person/s as the Developers may direct and in the event of Conveyance/s be given in favour of the Nominee/s of the Developers or a proposed co-operative housing society. The Developers shall also join as a Confirming Party to the said Conveyance.


(25) The Vendors will ensure that at the time when the Developers are allowed to enter upon the said piece of land described in the Schedule hereunder written, the said piece of land is absolutely vacant and nobody is in occupation of the same.


(26) The Vendors hereby agree and confirm that the Developers shall be entitled to transfer the benefit and burden of this Agreement subject to the terms and conditions mentioned herein either as a whole or in part to one or more parties and that the Vendors shall have no objection to the same and the terms and conditions of this agreement shall remain binding over such transferees.


(27) It is agreed that the Developers shall carry out the work of development in their own name and shall not cause or cause to be done any deed or matter or thing whereby the Vendors are put to loss and have to discharge any liability. It is expressly agreed that the agreement which the Developers may enter into with any person in connection with the development scheme or for sale of flats, etc. shall be entered into only in the name of the Developers on principal to principal basis and not as agents of the Vendors herein.


(28) The Developers agree to pay Municipal, betterment charges, T.P. charges, water charges, electricity charges, fines and penalties arising as a result of change in the user of the said land.


(29) The Vendors declare that the land, hereditaments and premises hereby agreed to be developed and conveyed are not subject to the easement or rights in the nature of easement.


(30) The Vendors hereby declare that no notice from Government or any other body or authority or under the ………………. Municipal Corporation Act or Land Acquisition Act or Town Planning Act, The Defence of India Act or under any other legislative enactments, Government Ordinances, Order or Notification (including any notice for acquisition or requisition of plots or any part thereof) has been received by or served upon them or any other person/s interested therein nor is the said plot or any part thereof included in any intended or publishes scheme of improvement of the Municipal, Government body or Public Body or authority save and except that the said plot is included in the development plans for …………. and portion of it is intended for reservation of playground.


(31) The Vendors hereby agree to pay and discharge all taxes and outgoings in respect of the said land prior to the sale on which the Developers are put in possession of the said land.


(32) The Vendors shall be entitled to receive the rent and profits and shall be liable to pay all outgoings, such as Municipal taxes, land revenue, etc. prior to the date the Developers are put in possession and the Developers shall from the date they are put in possession be entitled to receive the rents and profits and liable to pay all outgoings (including Municipal taxes, land revenue charges for consumption).


(33) The Vendors shall pay all outgoings including the ground rent, municipal and Collector's bills and charges in respect of the said property hereby agreed to be developed and conveyed previous to the date of handing over of the possession to the Developers. The Developers agree and undertake to bear all the betterment charges in respect of the said property and all taxes, Municipal, Collector's bills, etc. after the date of taking over of the possession.


(34) On the execution of these presents, the Vendors have authorised and allowed the Developers to put up the notice/signboards …………………………….. herein indicating the proposed development scheme of the Developers )n the said property.


(35) From the date of the possession, the Developers shall be entitled to commence the construction of the new building at their own costs and responsibility and also enter into the agreement for sale of units/flats, etc., herein at their entire responsibility on what is known as ownership basis'.


(36) The Vendors hereby authorise the Developers to sign and execute applications, writings, undertakings for amalgamation, layout, sub-division, building plans and other assurances and submit the same to the Municipal and Public authorities and to obtain commencement certificate, etc. for obtaining N.A. and transfer Permission for the purpose of and for the development of the said property and also to appoint the Architect at Developers' costs and expenses. It is also agreed that all the costs, charges and expenses to e incurred in pursuance of this clause save and except as provided otherwise in this Agreement shall be borne and paid by the Developers alone irrespective of the fact whether the transaction goes through or not.


(37) The Vendors declare that the property in question is ancestral property. However, there is no minor interested in the property and hence the question of obtaining the sanction from the competent Court relating to minor's interest in the property does not arise.


(38) If the Development/sale be not completed due to any wilful default on the part of the Vendors, the Developers shall be entitled to specific performance of this Agreement.


(39) The Vendors shall immediately on execution of the Conveyance apply for and shall obtain his/their Income Tax Clearance Certificate under section 230A of the Income-tax Act, 1961 in respect of Deed of Conveyance of the said property and till that time the balance purchase price to the Vendors shall remain deposited with the Vendor's Advocates as his stake-holders.


(40) The Developers are aware of the fact that at present there is no proper access to the property to be developed and the Developers have agreed to construct a road thereby facilitating an access to the properly hereby agreed to be developed at the Developers own costs and expenses and under no circumstances, the Developers shall cancel these presents on the ground of non-availability of access as it is agreed by the Developers that they shall bear the costs of the access, if necessary.


(41) On the execution of these presents, the Vendors authorise and allow the Developers to put up the notice/signboards therein indicating the proposed development scheme of the Developers on the said property. However, it is made clear by the Vendors to the Developers that to put up the signboards does not mean even by implication the handing over of the possession and mere putting of the signboards does not give any right to the Developers of possession and the Developers shall not have any interest whatsoever against the said property.


(42) This agreement shall not be treated as a partnership between the Vendors and the Developers.


(43) The Developers shall indemnify and keep indemnified the Vendors from and against all actions, claims, demands, proceedings, fines, penalties and all costs, expenses and damages incurred or suffered by the Vendors in the course of such development.


(44) Save and except as hereinbefore otherwise provided, all costs, charges and expenses of the Vendors and of the Developers and incidental to this Agreement and Conveyance and other writing or writings to be made in pursuance hereof including stamp duty, registration charges, plan, certified copies, correspondence and all the expenses shall be borne and paid by the Developers alone. The fines and penalties payable to the Collector or transfer of the property not incurred by reason of any delay in lodging the Deed of Conveyance by the Developers shall be paid by the Developers alone. The penalty payable to the Registrar of Assurances shall be paid by the party by whose default such penalty may have become leviable.


IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands and seals the day and year first hereinabove written.


The Schedule above referred to

ALL THAT piece or parcel of land, ground, hereditaments and premises bearing No. ............ and admeasuring about .......... sq. meters, situated at .......................................... and delineated on the Plan hereto annexed and thereon shown surrounded by a red colour boundary line and bounded as follows:-


On or towards the East

On or towards the West

On or towards the North

On or towards the South

First party




Photo







Name:…………………………………….LTM SIGNATURE


Confirming party




Photo







Name:…………………………………….LTM SIGNATURE

Secondparty




Photo







Name:…………………………………….LTM SIGNATURE



Witnesses
1. Name……………………………..

S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE



2. 2 Name……………………………..

S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE







Received the day and year first hereinabove written of and from the within named ……………………………………………….Developers a sum of Rs. ............ (Rupees ................... only) as and by way of earnest money to be paid by them to us by Cheque No . .................... dated .................... for Rs . ................ drawn by the ...................................


We Say Received

1. X

2. Y

3. A

4. B

5. Smt. C

SIGNED, SEALED AND DELIVERED by the
……………………………. named Developers M/s. ……………

by the hands of Shri …………………..,

its partner.

MODEL DEED OF LICENSE FOR ADVERTISING ON A PREMISES

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Advertisement License Deed





This License Deed made at................. on this day.................. of.........20.... BETWEEN M/S ................................a Company registered under the Companies Act, 1956 having its Registered Office at................... ……………………. ...... Represented by it’s duly constituted attorney Mr ………………………………………. S/o ………………………………………………….. aged …………..years resident of ……………………………………………… and working as …………………………… in the above company, hereinafter Referred to as The Licensor (which term or expression shall unless otherwise excluded by or repugnant to the subject or context be deemed to mean and include its successors in office and assigns) of the ONE PART.

AND M/S …………………………………………….. Company incorporated under the provisions of the Companies Act, 1956, having its Registered Office at.......... and Corporate Office/Circle Office

at......................................-... Represented by it’s duly constituted attorney Mr ………………………………………. S/o ………………………………………………….. aged …………..years resident of ……………………………………………… and working as …………………………… in the above company, hereinafter referred to as "Licensee" which term and expression shall unless repugnant to the meaning and context hereof shall mean and include its successors in business, affiliates, subsidiaries and assigns), of the other PART




WHEREAS, the Licensor is a bonafide owner of the premises situated at.......…………………………..

Municipal khatha number …………………………. Ward number …………………….. on the front side of the said property along with provisions for putting glow signs etc. and having an area of...............sq.ft. towards …………………………………….. shown and delineated in the plan annexed hereto, hereinafter referred to as the "said premises" by virtue................ dated sale deed duly registered with the sub-Registrar of …………………………………… in Book No : 1 Vol No:………….. Page ……….. to ………. Year ……………….. Registration number ……………………… executed in favour of the Licensor.



WHEREAS, the Licensor has assured that he is absolutely seized and possessed of or otherwise well and sufficiently entitled to the demised premises.


and WHEREAS the Licensee has approached the Licensor to grant License of the said premises as above mentioned for using it as commercial space for its Show Room advertisement and to provide business..................... as may be decided by the Licensee at its discretion.


NOW the Licensor has agreed to give on rent and the Licensee has agreed to take on fee the said usage of premises on the terms and conditions given below :


AND THERE FORE THIS INDENTURE OF LICENSE WITNESSETH AS FOLLOWS:



1. In consideration of the monthly fee herein fixed and the other covenant and conditions. Contained hereunder the LICENSOR doth hereby demise unto the LICENSEE by way of present License the entire demised premises together with the right of ingress and egress from the front to use the same as Licensee for the term hereby fixed.




2. In consideration of the LICENSOR granting the License hereunder of the demised premises to the Licensee, the Licensee agrees to pay to the Licensor a monthly fee of Rs................ Rupees..........................only per month @ Rs.................per sq. ft for................. sq. ft. The said Monthly fee shall be payable on or before fifteenth day of each English Calender month in advance for the month. In case of any delay in paying the monthly fee, as its becoming payable as stated, beyond 30 days of that month, the Licensee will pay interest on the delayed payment @.......... per annum. It has been agreed between both the parties that after the expiry of every three years, from the effective date, fee will be increased by............ per cent on the last paid fee.



3. The Licensee shall also keep with the Licensor, a sum of Rs........... (Rupees......................... only) as interest free refundable Security Deposit amount at the time of starting the use of the licensed premises. The total security deposit shall be refundable through Bank Draft/Bankers cheque favouring "………………………" payable at ………………….. (or in the current name of the Licensee Company) by the LICENSOR to the LICENSEE simultaneously on the relinquishing over the use of the premises after deducting all the legitimate dues and fee of notice period, if any, of the said demised premises in consonance with the covenants of the License Deed.


4. Provided that in case the LICENSOR fails to refund the aforesaid security deposit amount simultaneously to the Licensee on the date of handing over of the usage rights to the Licensor, licensee shall be entitled to an interest @ ............% per annum on the said security deposit till

5. the realization. Further, the Licensee shall be entitled to use the demised premises without payment of any fee till the date of refund of the whole of the security deposit amount along with interest.



6. If Licensee will not stop the usage of the demised premises on expiry of the License by efflux of time or after termination of the License for the reasons stated in the present License deed. Licensee will pay an amount double of monthly fee as damages and /or use and benefiting charges without any way affecting the right of the Licensor to get the Licensee restrained from the using the premises including through due process of law.


7. The Licensee shall have the right to get the amount of Security Deposit adjusted against the fee payable during the notice period.


8. If for any reason the Licensee does not pay the fee consecutively for three months, then the agreement may be deemed to be terminated at the option of the Licensor.



9. That this License of demised premises will be effective from.............. 20 ...... The License will be initially for a period of................years, and the same shall be extended for such terms as may be mutually agreed between the parties.


10. The Licensee shall have the right to terminate the License Agreement, at his option only, by giving three months notice to the Licensor any time during the pendency of this License Agreement.


11. In case the Licensee is forced to stop the usage of the premises due to any Government regulations order or directions forcing the Licensee to stop, for the reason of default of licensor using the premises for the purposes which is not authorized or due to any other building regulations the Licensor shall make good all loss or damage suffered by the Licensee in this regard.



12. The property tax shall be payable by the Licensor as may be assessed by the statutory bodies, Municipal Authority on …………………………… under the terms of this License Deed and in case of any increase thereon or any fresh levies, the same shall be borne by the Licensor.


13. Similarly, if in future the Municipal Corporation increases the taxes, the actual incidence of the increase in relation to the demised premises shall be borne by the Licensor. However in the event the Licensor fails to reimburse the Municipality tax charges or any other charges due in respect of the property as a result of which Licensee's usage to the demised portion is jeopardized then the Licensee may arrange to pay such taxes directly to the Municipal Authority in respect of the demised portion used by the Licensee and shall be entitled to reimbursement by the Licensor, and such non-payment of the payment within one month of such payment the Licensee shall be entitled to adjust the same with the monthly license fee.



14. The Licensor hereby agrees and undertakes and represents that he shall not do any act deed or thing which may determine his rights under the License Deed and shall keep the same valid and subsisting during the subsistence of this License including renewal if any thereof in accordance with the provisions hereof and the Licensor shall indemnify and keep indemnified and saved harmless the Licensee against all loss or damage that may be suffered or incurred by the Licensee as a consequence of the termination of the deed referred to above during the subsistence of his right on the demised premises in any manner whatsoever subject to the License thereof to the Licensee.



The Licensee covenants with the Licensor as under:



a) To pay all the charges on accruals for the consumption of electricity, water charges to the concerned Authorities/Society in respect of the demised premises. The Licensee has noted that the Meter reading for the portion of Licensee as on the date of taking over the possession is....................... and the Meter No....................



b) Not to object for the Licensor and his duly authorized representative and workmen to enter upon the demised premises during the normal working hours on all working days to ascertain the condition of the demised premises and affect repairs thereto after giving advance intimation to the Licensee.



c) To use the said demised premises for the purpose of ……………………………………… by the Licensee and the Licensee will not part with the usage of the whole of or any part of the demised premises to any third party without the previous consent in writing of the Licensor.



d) However, it is specifi­cally agreed by the Licensor that no written consent shall be required to be taken by the Licensee in respect of Group/ Franchisee/Associate Companies. To make internal/exterior structural changes not touching the basic structure of premises, like removing false roof/ mezzanine etc.



e) Provision of a toilet has to be made,



f) Not to store or bring any hazardous or other articles, or to do any act which might render the demised premises unsafe for human habitation or cause nuisance to the occupants of the adjoining buildings.


g) The Licensee can install its cell site/s, cooling tower/s, put his name plate/s, board/s, and glow sign/s on the face of the premises.



The Licensor covenants with the Licensee as under:


a. The Licensor undertakes to allow the usage of the demised premises, on.......... 20....


b. To comply with and ensure compliance of all provisions of the License Deed as well as other statutory provisions relating to demised premises and regulations, orders, directions or require­ments of the …………………………. Municipal and other Govern­ment statutory and local authorities concerning or in respect of or relating to the demised premises at his own cost and expenses in so far as it is attributable to him.


c. On the Licensee paying the License fee hereby reserved and observing and performing the covenants and conditions con­tained herein and required to be observed and performed by it, to facilitate the LICENSEE to peacefully hold enjoy the whole of the demised premises together with the fixtures and fittings therein as per the list enclosed herewith during the term(s) of the License including renewal thereof, if any, without any let, interrup­tion, hindrance or disturbance whatsoever from or by the Licensor or any person claiming through or under or in trust from him. (a) The Licensor shall indemnify and keep the Licensee indemnified and saved harmless at all times against all losses, claims, demands costs charges, proceedings, actions and assessment whatsoever, to which the Licensee may be subject to or become liable for including the costs of defending any proceedings affecting its usage rights hereunder due to any act or omission of Licensor.

d. The Licensor warrants that he is the lawful owner of the demised premises and is fully empowered and authorized and able to enter into this License and shall hold the Licensee free and harmless of any demands, claims, actions or proceedings by other in respect of quite possession of the premises.



e. The Licensor declares and confirms and agrees that the Licensee shall be fully entitled to induct its Franchisee and/or its associates to carry on advertising from the demised premises, without further consent of the Licensor. The Franchisee or the Associate, as the case may be, shall have unfettered access to the Showroom to carry on its business.



The Licensee and the Licensor covenants as follows:



A. It is a term of this License that on the expiry of the agreed License period and such extended period of License in case there is any renewal the Licensee shall stop the usage of the Licensed premises restore it’s good condition, normal wear and tear expected.


B. It is further agreed to and between the parties that what ever the Licensee has inducted into the premises by way of furniture, by way of additions, partitions, false ceilings, installation, equipment, plant and ma­chinery, etc. both movable and fixed shall be the exclusive property of Licensee and the Licensee shall be free to dismantle, remove and carry the same according to the convenience.


C. The Licensee shall not have the right to carry out major additions, alterations, to the demised premises or any part thereof without the permission of the Licensor. The Licensee shall also be entitled to install or erect or otherwise bring in or put inside the demised premises any/all apparatus, instruments, implements, equip­ments, computers, computer terminals, generator sets, etc, and such other machines as may be deemed necessary required by the Licensee for its use.


D. That if the Licensor at any time during the period of this License sells the demised premises as whole or in any part or parts thereof to any one person or more than one person then in that event the Licensor shall attorn to such transferees or transferee on the same terms and conditions as are contained herein. However, a letter shall be issued by the prospective landlord/s in favour of the Licensee and they will also acknowledge the security deposit paid by the Licensee to the Licensor whose benefit shall be transferred to the new landlord and all adjustments shall be in accordance with the present Licence. The same shall also apply in case of any subsequent sale or transfer of the License hold rights. The Licensor will ensure that the Licensee's possession shall not be disturbed due to any Sale A Transfer during the License period.

E. The Licensor during the subsistence of the License, will have the right and privilege to enter upon the demised premises Licensed to the Licensee after due notice for inspection, repair of any structure repairing, relaying any electric cables, water lines etc. But shall not induct other licencee’s.


F. That the Licensor shall insure the demised premises at his cost against loss or damage by fire, earthquake or any act of God. However in respect of the fittings and fixtures, contents inside the demised premises including the addition, alterations the Licensee shall be liable to insure the same.


G. Any notice to be given by either party in connection with the demised premises shall be considered as sufficiently given if sent through registered post addressed to the other party at the addresses men­tioned above unless a different address has been intimated in writing against receipt.


H. On the determination of this agreement the electric wiring of the said premises in relation to the said advertisement and the switchboard in connection therewith shall become the property of the owner but the said advertisement and the lights used in connection therewith shall remain the property of the advertiser and shall be removed by him within fourteen days he making good all damage done to the said premises in consequence of such removal. If from any cause such removal shall not be effected within the time aforesaid the payments hereinafter reserved shall continue to be payable until such removal shall be effected.


I. If at any time during the continuance of this agreement the said advertisement should temporarily cease to be exhibited by the owner for any reasonable cause (such as any part of the said premises requiring to be repaired and the execution of such repairs necessitating the temporary removal or obscuring of the said advertisement) then and in every case the owner will make a proportionate abatement in the payments due under this agreement during such time as such exhibition shall be impeded which abatement the advertiser shall accept without making any further claim. Except as in this clause provided no abatement shall be made,


J. If at any time during the continuance of this agreement the said hoarding shall be wholly or partly demolished by accident, or required to be repaired and the execution of such repairs necessitating the temporary removal or obscuring of the said hoarding, then and in every case the owner will make a proportionate "abatement in the payment due under this agreement during such time as such display of advertisements on the said hoarding shall be impeded which abatement the advertisers shall accept without making any further claim. Except as in this clause provided no abatement shall be made.

K. The advertisers shall be responsible for obtaining the necessary premission of the local authority or other statutory authority if and when necessary in connection with the display of any advertisement on the said hoarding and undertake to comply at all times with all the relevant Acts of Parliament.



The advertisers undertake not to affix or display on the said hoarding any such advertisement which in the opinion of the owner is of an indecent or objectionable character or the same is forbidden in law, or infringes any statutory provisions and the advertisers shall not do or permit to be done any act or thing in regard to the said hoarding, or the advertisements for the time being affixed thereon, by reason of which the owner may become liable to any proceedings under any law and the advertisers hereby undertake to keep the owner indemnified against all liabilities claims expenses and costs in respect of the said hoarding and any advertisements displayed thereon.

M. The advertising company agrees that in the erection, maintenance and use of such signs it will comply with all laws and ordinances, and valid regulations adopted pursuant thereto; that it will not display, or suffer to be displayed, any immoral or otherwise objectionable matter upon any of such signs; that it will pay all licence fees and other charges which may be assessed by any public authorities in connection with such signs; that it will indemnify the owner against any and all claims for damages to person or property which may result from the erection, maintenance or use of such signs, and will, at its own expense, make all repairs to the building which may be necessary by reason of the erection and use of such signs.




Arbitration.


(a) All disputes, differences and/or claims arising out of this agree­ment shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statu­tory amendment thereof.

(b) The dispute shall be referred to Arbitration by a sole Arbitrator who shall be appointed by a Director and/or CEO of XYZ Company.

(c) The Second Party shall not challenge the nomination of Arbitra­tion or his award on the ground that the nomination is made by a Director and/or CEO of XYZ Company being an employee of one of the parties.

(d) The Arbitration proceedings shall be in English and will be held at................

(e) The award of the Arbitration shall be final and binding on both the parties.





If the Arbitration proceedings fails the Courts of …………………..shall have the exclusive jurisdiction.


IN WITNESS WHEREOF, the parties hereto have set and subscribed theirs respective hand and seals the day months and year first above written.

Signed for and on behalf of Signed for and on behalf of

Licensee

Licensor

Name :

Witness :

Name : Witness :

MODEL DEED ON MANAGEMENT OF ESTATES

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AGREEMENT ON MANAGEMENT OF ESTATES




AN AGREEMENT made this ..........................day of.......................... 200.. BETWEEN

Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the LAND OWNER, unless repugnant to the context herein the word shall mean and include his successors, heirs administrators, executors and assigns of the one part

And

Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the manager / agents/………….., unless repugnant to the context herein the word shall mean and include his heirs for any dues and liability as an agent, permitted assigns of the other part



PREFACE TO AGREEMENT:


WHEREAS the land-owner is desirous of appointing the manager to be his agent for and manager of his several freehold and leasehold estates known as ................................................................................... in ........................ and the agent has consented thereto.






NOW THIS DEED WITNESSETH that for carrying out his said desire the land­owner appoints the manager to act for him and in his name and on his behalf in the several capacities and with the several powers and authorities and for the several purposes and duties hereinafter mentioned that is to say:


1. To be the manager for the landowner of the said estates and to preserve the said estates or any of them for the use of the landowner.



2. Generally to do and perform all such matters and things for the preservation of the said estates as the landowner might or could do if personally present.




3. To be the landowner's receiver, agent, manager and attorney for him and in his name to do all the acts and things hereinafter specified or any of them.



4. To demand sue for and received from every present and future tenant or occupier of any land comprised within any of the said estates and from any other person liable to pay the same all rents and profits fines and other casual emoluments that may be now in arrear or in the hands of any agent or that may hereinafter become due in respect of any of the said lands.



5. Upon non-payment of the same or any part thereof to enter and restrain upon the lands liable thereto and to take away and sell or otherwise dispose of according to lay any distress then and there found.



6. To commence any action or other proceeding in any court of justice for the recovery of the said rents and profits and for recovering and getting possession of any of the said lands and premises or any fines rents sums of money or services in respect of the same and to prosecute or discontinue such action or proceeding or otherwise act therein as the agent shall think proper or be advised.



7. Upon receipt of the said rents and profits or any part thereof to give effectual receipts and discharges for the same.



8. From time to time as the manager shall think proper to sell and enter into any contract for selling any of the timber or Underwood growing and being upon any of the lands comprised within the said estates and to give effectual receipts and discharges for any sum of money which may be paid upon the sale of such timber or Underwood and to empower the respective purchasers of the same and their servants to enter on the said lands with all necessary appliances for removing the same and to make saw-pits and do all other acts that may be necessary for disposing of the said timber and other wood.



9. To enter upon inspect and survey all the lands and premises comprised within the said estates at the manager's discretion and to view the condition and estate of repair of the same and of the buildings hedges and ditches and every other part thereof and to repair and give orders and enter into contracts for and employ any person in repairing the same.



10. To warn off and prohibit and if necessary proceed against in due form of law all trespassers on the said estate and to take appropriate steps whether by action or otherwise to abate all nuisances.



11. From time to time to enter into and execute any contract for granting a lease of any of the lands comprised within the said estates at such rents for such terms and upon such conditions as the agent shall think fit and to contract with the landlord for the time being of any of the said lands which may be of leasehold tenure for the renewal of the lease thereof upon such terms as to the agent shall seem expedient.



12. Generally to inspect manage and superintend all the lands comprised within the said estates and to do any act or thing for the improvement and upkeep of the same and the income thereof and the interests of the land owner therein in such manner as the agent in his discretion and judgment shall think most beneficial.



13. From time to time to appoint any person or persons to be his deputy or deputies for carrying out any of his duties as manager and generally acting in the said estates as the manager is hereby empowered to act therein and to change and remove any such deputy and to appoint anotheror other in his stead as often as the manager shall think fit.



14. To apply dispose of and account for ail money which shall come to his hands by virtue of this deed and of the powers and authorities hereby vested in him as aforesaid in the following order of preference:


a. In payment from time to time to himself the manager of [amounf\ out of all money which shall come to his hands or be actually received by him on account of the rents arrears of rent sale of timber and other sums which he is hereby empowered to receive (which sum of [amounf\ is to be his commission for receiving the said money and keeping the accounts relating thereto).


b. In payment of bills for all charges fees and disbursements (not including traveling expenses) which shall become due to him as the manager as aforesaid of the land owner in prosecuting or defending any legal proceeding relating to the estates rents and money aforesaid and the management of the said estates and the execution of the several powers vested in him exclusive of receiving the said rents and money and keeping the accounts thereto as aforesaid.


c. In payment of salaries, wages and fees which shall from time to time become due to the several subordinate employees, servants and others whom he shall think proper to employ for the purposes aforesaid.


d. In paying and discharging all the annuities or yearly rent charges taxes rates and other outgoings which now are or shall be charged upon any of the lands comprised within the said estates as the same from time to time become due and payable.


e. In payment from time to time of the expenses to be incurred on account of the repairs that shall be made on any of the premises comprised within the said estates, which the respective tenants of the same shall not be liable to pay.


f. In the payment of all fines fees and charges which shall become due to the landlords for the time being of any of the said leasehold premises for obtaining renewals thereof.


g. Out of the balance of the money coming into his hands the manager may maintain a fund not exceeding in amount Rs.......... (or such greater amount as may from time to time be agreed between the land owner and the manager to meet any contingent liabilities.


h. Subject to the provisions of paragraphs …………. To ………………… hereof all money received shall be paid as soon as may be and not less than twice a week into …………………….. bank into the credit of the land-owner's account.



15. To keep such records and accounts in respect of the management of the said estates with sufficient details that all compensation payable to or by the land­owner and any grants payable to the land-owner under any statute or statutory or local regulations or by-laws or otherwise may be readily determined and generally so that the rights or duties and financial position of the land-owner in relation to the estates can be accurately ascertained. In keeping such accounts the manager shall at all times conform with the requirements of the land-owner's accountants and all statutes and rules and regulations (statutory or otherwise) affecting the same.



16. To make and sign applications to the appropriate government depart­ments, local authorities or other competent authority for all and any licenses, permissions and consents required by any Act of Parliament, order, statutory instrument, regulation, by-law or otherwise in connection with the management and improvement of the said estates including the recovery of compensation where such is recoverable with power to give receipts and full discharges thereof.



17. To oppose or otherwise deal with proposals to include any of the said estates in an order for the compulsory purchase thereof or in a clearance or development order or similar order or in any other order made or to be made under statutory powers and to take all necessary proceedings arising under such orders including applications to any Tribunal and appeals there from.



18. To serve on the appropriate authority a notice requiring the purchase of all or any of the said estates or of any interest therein in respect of which a right to serve such a notice may be conferred by or under statute on the ground that the interest in question is affected by a planning decision or order or the conditions attached thereto or by planning proposals or on any other ground and to take such steps or proceedings including the compromise of any claim in relation to any such notice as the manager may think fit.



19. Generally to do, execute and perform any other act, deed or thing whatsoever relating to all or any of the said estates as fully and effectually to all intents and purposes whatsoever as the land-owner himself could do if personally present the land-owner hereby agreeing to ratify and confirm whatever the manager shall lawfully do or cause to be done in relation to the estates.



20. The manager's employment hereunder may be determined at any time by either of the parties hereto giving to the other of them …………. Month’s written notice thereof.



21. If at any time during his employment by the land-owner the manager shall be guilty of any grave misconduct or shall neglect to give his personal attention to the business of the said estates except in case of illness or accident or shall fail to keep the records and accounts as are mentioned in clause 16 hereof, the land-owner may determine the manager's employment forthwith without any notice or payment in lieu of notice. And upon such determination the manager shall not be entitled to claim any compensation or damages for or in respect or by reason of such determination.


22. In case the manager shall at any time be prevented by illness or accident from performing his duties and shall if required furnish the land owner with evidence satisfactory to him of such incapacity and the cause thereof, the manager may in such circumstances appoint a substitute to carry out his duties subject always to the approval of the land owner,which shall not be unreasonably withheld.



23. All questions or differences whatsoever which may at any time hereinafter arise between the parties hereto or their respective representatives touching this agreement or the subject matter thereof or arising out of or in relation thereto respectively and whether as to construction or otherwise shall be referred to a single arbitrator in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any re-enactment or statutory modifi­cation thereof for the time being in force.




LANDLORD


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GPA HOLDERS
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WITH COMPANY SEAL









LTM FOR IDENTIFICATION








SIGNATURE



Name:…………………………………….



AGENT/MANAGER










Photo















LTM FOR IDENTIFICATION








SIGNATURE







Name:…………………………………….



Witnesses


1. Name……………………………..

S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE





2. 2 Name……………………………..

S/O……………………………….

Adress……………………………

……………………………………

…………………………………….

……………………………………. SIGNATURE

MODEL MOU FOR DEVELOPMENT

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MODEL MOU FOR DEVELOPMENT




ARTICLES OF MOU for DEVELOPMENT made at Bangalore this _____ day of __________, 20__ between Mr .............................................................. Chairman/Director/MD/authorised representative of the Company Registered under Companies Act having its registered office at ................................................... .................... hereinafter called "the prospective Owners" in short TPO’s (which expression shall unless it be repugnant to the context or meaning thereof, be deemed to include their successors in office and interest, executors, assigns, and administrators) of the One Part.

and

Mr ................................................. S/O ...................................................... aged ...................................................... Resident of ................................................................ having partnership in the firm M/S .................................................................... and authorised as duly representing partner of the firm engaged in the business of Real estate and Development of Lands in and around Karnataka having its office at .......................................................................................................................................................... ............... hereinafter called "the Developer" (which expression shall, unless it be repugnant to the context or meaning thereon be deemed to include his heirs, partners, executors, administrators and assigns) of the Other Part:

Both “TPO’s” and “the developer” are collectively called as “the parties” in this MOU.

Whereas the TPO’s are absolutely making efforts with active facilitation of the developers to buy the said property from prospective sellers the properties as described in annexure I to this MOU, the prospective sellers has proposed to the parties herein to sell their interest in the said properties after getting conversion of the nature of use of the lands, the developer herein has concurred his interest in facilitating the land purchase by he TPO’s after getting all the legal formalities done ate the expenditure of ....................... The supervision of legal verification of title to the said properties in each cases/ sale agreements/sale deeds/ GPA’s/ possession delivery letters/ liasoning with appropriate authorities for getting necessary approvals/ development of such lands/ etc are the undertaken works of the developers at the cost and expenditure of ....................................... later through the letters from prospective sellers, TPO’s seizing and possessing of or otherwise well and sufficiently entitled to all those pieces or parcels of lands or grounds situated lying and being at ....................... Grama ........................... Hobli .................................. Taluk .................................... District in the registration District and sub-District of ............................. City and ............................ Suburban admeasuring total proposed land purchase, measuring about................. Acres ................Guntas including Kharab Land or thereabouts and more particularly described in the annexure I to this MOU (hereinafter for the sake of brevity referred to as "the said property");

Andwhereas the said property is vacant agricultural land and except a portion thereof which is presently having ........................................... & ...................................... which fact the parties are aware, both having inspected the said property prior to the execution of these presents; the said property comes under ................................................ zoning pattern under the existing zonal regulations governing the said area. The said property is likely to be converted into residential layout after obtaining necessary clearance from Deputy Commissioner of the District and planning authority. The parties are well acquainted with the above facts have assented to these presents;

And whereas for better management, control, administration, planning, development, liasioning with appropriate authorities, zoning, subdivision, and site plan permitting, engineering, grading, dedications, infrastructure installation, and for engaging necessary consultancy services for the proposed land purchase and development into residential layout; parties has reached this MOU for the smooth completion of the development project;



And whereas The TPO’s have agreed to grant to the Developer and the Developer has agreed to accept from the TPO’s exclusive rights of development of the said property upon the terms and subject to the conditions herein recorded.


NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO as follows:

1. The TPO’s has this day paid to the developers a sum of Rs...............................

(Rupees...........................................................) only as and by way of earnest money for executing sale agreements, verification of title, conversion formalities initiation and other initial works for the purchase of the said property from prospective sellers;

2. The developer shall facilitate to complete the legal formalities of the said property for getting Sale deed registration of the said property in the name of TPO’s

3. The TPO’s hereby grant exclusive right to the Developers of development of the said property as and when the possession is obtained by them, by necessaryly communicating the aspect by a suitable letter with authorisation , after completion of the sale transactions a suitable GPA will be provided to the developer for the suitable execution of development of land which was obtained as "as is where is basis" and the Developer accepts the same for the consideration and subject to the terms and conditions herein provided.

4. It is specifically agreed that the necessary GPA will be given to the Developers, to submit plans for sanctioning of lay out for construction of buildings and/or other structures on the said property or any part or portion thereof, with necessary guidance and approval of the TPO’s.

5. The said plans shall be prepared by the Architects of the Developer and at the costs of the ............................... and the plans as are prepared by the Developer through their Architects with cocurrence of TPO’s and copy of the finally approved plan shall be given to the TPO’s

6. Soon after the execution of this MOU, if so required, the TPO’s shall execute a Power of Attorney in favour of the Developer or any other person nominated by the Developer to approach all public authorities and to submit and obtain sanction of plans of lay-out and the buildings and structure/s to be constructed on the said property or any portion thereof from the Municipal Corporation of ............................... and all other concerned authorities.

7. The Parties are aware that certain portions of the said property are under .................................................... under zoning regulations, It is agreed that the parties shall under no circumstances be liable to remove the said reservations nor shall the TPO’s be entitled to any reduction in the consideration payable hereunder on account of the said reservations. However, the TPO’s shall sign all applications, papers, writings, etc. as may be required by the Developer the purpose of removing such reservations.

8. In consideration for the work of facilitation of the land purchase and other incidental liasioning, verifications and documentations provided by the developer a minimum consideration of Rs. ........................- (Rupees .......................................................... only) for one acre of sale of the said property (hereinafter called "the minimum consideration for sale” or “MCS")In consideration of the work of development to be carried out by the Developer under this Agreement, the Developer shall be paid by TPO’s a minimum consideration of Rs. ........................- (Rupees .......................................................... only) for one acre of development of the said property (hereinafter called "the minimum consideration for development" or “MCD”) or an amount calculated at the rate of Rs........................ per square foot of the total area of the said property; whichever is higher and the said total consideration amount shall be paid in the manner following:

(1) Rs. ____________/- (Rupees ______________________ ____________ only) on the execution hereof being the earnest money or deposit (receipt of which sum the developers do hereby admit and acknowledge).

(2) Rs. ____________/- (Rupees _____________________ _____________ only) being the balance consideration (MCD)which shall be paid by the TPO’s in proportional instalments as and when progress of development continues;


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9. The considerations and balance considerations over the sale agreements(MCS) will have to be paid through crossed cheque to prospective sellers by the developers out of the earnest money and subsequent advances made by the TPO’s to the developer, subject to following conditions; The prospective sellers making out the marketable title to the said property free from all encumbrances and reasonable doubts. The Appropriate Authority issuing its NOC under Section 269 UL(3) of the Income-tax Act, 1961. The prospective sellers handing over complete vacant possession of the said property to the Developers under an irrevocable license. The TPO’s shall hand over formal possession of the property to the Developer on execution of the Conveyance

10. Notwithstanding anything contained in the preceding clause it is specifically agreed by and between the parties hereto that after execution hereof the Developer shall be entitled to put up fencing around the said property or any portion or portions thereof, for the purposes of preventing any encroachments but subject to the existing ......................................, and shall also be entitled to put up fencing around the portions of the property in ............................................................ as hereinabove provided. The Developer shall also make arrangements for guarding the said property and preventing any further encumbrance or encroachment by trespassers or unauthorised persons upon the said property or any part or portions thereof. All costs, charges and expenses in respect of the above shall be borne and paid by ............................ alone. The parties shall not be liable to remove and/or vacate the encroachments or unauthorised occupants who are already occupying portions of the said property nor shall they be liable in respect of any further encroachment or unauthorised occupation on the said property.

11. As from the date hereof, the Developer shall be solely entitled at his own risk to deal and/or negotiate with the unauthorised occupants and/or trespassers on the said property and to take any proceedings against them and/or to arrive at any arrangement or agreement with them at the costs, charges and expenses of the Developer alone. However, the TPO’s/prospective sellers shall empower and authorise the Developer and/or his nominees under the Power of Attorney to be executed as aforesaid to effectively deal and/or negotiate with the trespassers or unauthorised occupants and to receive the possession of the respective area occupied by such trespassers or unauthorised occupants subject to the consideration having been fixed by the parties for the said property as mentioned hereinabove. The Developer shall also be entitled to hand over, on behalf of the Owners, any area of the said property, which falls under reservation and/or set-back and/or requisition or acquisition to the relevant authorities in the event the same becomes necessary on receiving proper notice from the authorities and for that purpose, the Owners shall grant suitable powers and authorities in the said Power of Attorney to be granted to the Developer and/or his nominee.

12. The conversion fine and other incidental expenses for the said land coversion are the sole responsibility of ...................................................... The stamp duty and registration expenses over the sale agreements and sale deeds are the sole responsibility of ................................................................... The lands as marked as said property in annexure-I is mutually priced at Maximum Rs ................................. per acre ( Rupees......................................... per acre). Upto the said maximum price limits, the lands shall be acquired by the developer from the prospective sellers, The TPO’s is bound to get registered such lands at the maximum price even if there is any agreement to the contrary price entered by the developer and prospective sellers. The betterment fees, land revenue, and other incidental expenditure are at the sole responsibility of TPO’s.

13. All the legal obstacles and consequences in execution of the development and acquiring of lands has to be cleared by the developer at the cost and expenditure of.............................................. as soon as possible to complete the project.

14. TPO’s authorize the developers to initiate or withdraw or compromise/ any proceedings/ complaint/ application/ and other correspondence on behalf of them for the successful completion of the project.

15. The provision of electrification, drinking water source, water supply, drainage for rainwater, drainage for households/underground drainage, effluent treatment plant/ parks development, playgrounds, plantation of tress, Road asphalting, footpaths constructions, cul-dec provisions, road intersections development, compound wall, construction of entrance and exit gates, rain water harvesting, and ground water recharging, waste collection spaces, numbering of sites and roads with suitable boards,and other development works as may be mutually agreed upon is included under the development works.

16. Layout map approved by the authority shall not be deviated by the developer in developing the layout. The map shall be permanently displayed at the entrance of the layout. Hiring of security and temporary construction of gowdown/office/sheds and Insurance coverages in respect to various risks are at the sole discretion of the developer. All the temporary erections if not needed by the TPO’s shall be cleared by the developer without seeking any compensation.

17. After the completion of the development work to the satisfaction of the local planning authority, and claiming all the pending bills peacefull possession shall be given by the developer to TPO’s along with possession letter and possession certificate from the local authority.

18. In the course of development works, after the completion of each stage of development, the developer may raise bills and TPO’s shall release such bills after satisfying through their engineers. The developer is authoised to engage standard professionals in aid and execution of the development. The developer shall provide legal opinion over the title of each properties from the proffessional Advocate with indepth analysis of title and certification of title.

19. The TPO’s or their authorized representative or agent is entitled to enter and examine the said property at all reasonable times and may serve notice on second party any deficiency in the execution of development works.

TPO’S DECLARE THAT:

1. The TPO’s are the proposed owners of the said property described in the annexure-I hereunder written which is also shown on the plan hereto annexed and marked "A" is being under the process of sale with due considerations and thereon shown surrounded by a red coloured boundary line and that the said property is vacant save and except the portions thereof, which are at present occupied and/or encroached upon by the unauthorised occupants and portions whereof are under reservations as aforesaid.

2. Until the sale deed execution after fulfilling formalities, the prospective sellers have good right, full power and absolute authority to grant exclusive possessory rights to develop the said property described in the Annexure-I hereunder by a written authorization to the Developer and the Developer shall be entitled to develop the said property subject to the terms and conditions herein contained.

3. They have not created prior to the date hereof nor shall they create hereafter during the pendency of the Agreement any right or encumbrance or agreement of any nature whatsoever in respect of the said property or any part thereof.

MUTUAL RESPONSIBILITIES

1. Simultaneously with the execution hereof, the PARTIES shall deposit all the title deeds relating to the said property described in the annexure-I hereunder written with the Advocate ............................................................... until the completion of the transaction herein. The said Advocate shall after examining the title and documenting the deeds with suitable opinion, send opinion and accountable receipt of all the title deeds to the said TPO’s and retain originals until both the parties settle their mutual rights and liabilities over the MOU. On the completion of the transaction herein the developers through the said Advocate hand over to the TPO’s all the said title deeds against an ordinary receipt.

2. Upon the Competent Authority granting the requisite permission and/or sanction for the development of the said property and on sanction of the plans by the Municipal Corporation of ............................... and all other concerned authorities as aforesaid the Developers shall after obtaining possession be entitled to commence construction on the said property, for which license to enter upon would be given by the prospective sellers or TPO’s to the Developer pursuant to this Agreement by a separate letter. The development to be carried out by the Developer shall be in accordance with the permissions granted by the Competent Authority under the relevant provisions of the different regulations, circulars and Acts and shall also be in accordance with the sanctioned plans. The Developer shall also be entitled in his own right to enter into agreements on what is popularly called sub contracts or otherwise and/or arrangements with any person or persons of their choice for the purpose of any works to be carried by the Developer on the said property or any portions thereof in accordance with the terms and conditions laid down by the Competent Authority and in the sanctioned plans and to receive and appropriate the consideration payable in respect thereof and/or any part thereof for their own benefit and use. Such agreements and/or arrangements shall be entered into by the Developer in his own name and at his own costs and risk and no risk or liability of any kind shall be incurred by the TPO’s in any manner.

3. After the receipt of the full consideration by the prospective sellers from the Developers, the developers shall facilitate to persuade prospective sellers to execute one or more Deeds of Conveyance as may be desired by the TPO’s but at the costs and expenses in all respects being borne and paid by the TPO’s including stamp duty and registration charges, in respect of the said property or portions thereof, as the case may be;

4. On receipt of the full consideration amount by the prospective sellers, if for any reason the Developers fail to obtain the Conveyance of the said property, then the TPO’s shall, at the request of the Developers, execute a Power of Attorney in favour of the Developer and/or his nominees or nominee or representatives empowering and authorising the said Attorneys, inter alia, to file a suit for specific performance, until settling of dispute, No further consideration shall be paid by the Developer to the prospective seller until execution of such Deed or Deeds of Conveyance.

5. Prior to the execution of one or more Deeds of Conveyance in respect of the said property or any portions thereof in the manner mentioned herein, the prospective sellers shall produce the requisite Certificate under the provisions of Section 230A of the Income-tax 1961 for effectively vesting the said property in favour of the TPO’s or in favour of the person or persons nominated by the TPO’s. It is further agreed that in the event the said Deed or Deeds of Conveyance or any of them are not executed at the time of payment of the balance consideration amount an amount representing 20% of the total consideration amount shall be retained by the developers Advocates until the production of the said Certificate/s under the provisions of Section 230A of the Income-tax Act.

6. The prospective seller shall pay and discharge all assessments, outgoings, taxes, etc. payable in respect of the said property upto the date the possession of the said property is handed over by them to the Developer. Thereafter, the same shall be paid and borne by the TPO’s alone. The TPO’s shall pay and discharge all outgoings, assessments, taxes, etc. for the entire property after possession of the same whether whole or in part is handed over to the Developer.

7. The prospective seller shall declare that no notice of acquisition or requisition issued by the Municipal authorities or under the Epidemic Diseases Act or any other statute has been served upon them or anyone on their behalf. If however, any notice or requisition of the Municipal authorities or other public body is issued in respect of the said property after the date of execution of these presents but before the completion of the transaction the TPO’s/ prospective sellers until sale deed execution, shall comply with the same at their costs and expenses.

8. The prospective sellers shall declare that at present no notice or requisition has been served by the Government of Karnataka or Municipal authorities or highway authorities or planning authorities for requisition or acquisition or set-back in respect of the said property or any part thereof and that so far as they are aware no such requisition or acquisition or set-back is contemplated. Provided always that care shall be taken by the developers in verification of whether the prospective owners have concealed any such notice issued, inter alia, under any of the Acts as aforesaid, the Developer shall reserve his right to cancel the sale Agreements and on such cancellation to receive forthwith the earnest money and all other payments made, if any.

9. All disputes and differences that may arise between the parties hereto relating to or in connection with the matter of this MOU or between the parties or their representatives shall be referred to the sole and final arbitration of Mr. _______________ or failing him Mr. ____________ as the sole Arbitrator whose decision shall be binding on both the parties. The Arbitrator shall have summary powers.

10. All out-of-pocket expenses of and incidental to this agreement including the expenses for Deed/s of Conveyance and other documents and writings including stamp duty and registration charges shall be borne and paid by the TPO’s alone. The parties shall bear and pay their respective Advocates' professional costs.

11. The Developer shall be entitled to develop the said property either by himself and/or through his nominees including a firm, wherein he is a partner or a company wherein he is a Director, provided however, all the obligations and liabilities undertaken by the Parties under this Agreement shall remain in full force and be binding upon the parties, and in particular their liability for payment of all amounts under this MOU.

12. The PARTIES hereby declare that they have not entered into with any person or persons Agreement to Sale or Lease or created any third party rights in favour of any person or persons in respect of the said property.

In Witness whereof the parties hereto have hereunto set and subscribed their respective hands the day and the year first hereinabove written.


TPO’s




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THE DEVELOPER




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Witnesses
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