Search

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................

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 DEED ON SOFT AND HARD - WARE MARKETING

CLICK HERE




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

CLICK HERE



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



KARNATAKA LAND LAWS

CASE LAW ON LAND LAWS