lease agreement phulbani

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WHERE BY IT IS AGREED AND DECLARED AS FOLLOWS :- 1A. Where the context so requires, words imparting the singular only also include the plural and vice versa. Any reference to masculine gender shall wherever required include feminine gender and vice versa. 1B. In consideration of the rent hereinafter reserved and of the other conditions herein contained, the Lesser agrees to let out and the Lessee agrees o take on lease the land, hereditaments and premises known as ……………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………….. Together with all buildings and erections, fixtures and fittings, standing and being thereon building related services (external & international) (hereinafter called “THE SAID PREMISES”) more particularly described in SCHEDULE ‘A’. 2. The lease shall commence/shall be deemed to have been commenced on the ………………………….. day of …………………………… Two thousand and ……………………………………….. and shall subject to the terms here of continue for a period of 15 years with rent revision after every 5 years. 3. The lessee shall subject to the terms here of pay gross rent in monthly arrears for the said premises at the rate of Rs ……………………………………………………………………….………………………………….. per month which shall be deemed to be, inclusive of maintenance and all the taxes payable to municipal or other local bodies. In the event of tenancy hereby created being terminated as provided by these presents, the Lessee shall pay only a proportionate part of the rent for the fraction of the current month up to the date of such determination. The monthly rent is hereby agreed to remain fixed during the period lease of 05 (Five) Years. It is liable to revision, if any, after the expiry of the lease period provided that such revision shall not exceed 30%, @ 6% per annum of the last rent paid at the time of such revision. 1

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Page 1: Lease Agreement Phulbani

WHERE BY IT IS AGREED AND DECLARED AS FOLLOWS:-

1A. Where the context so requires, words imparting the singular only also include the plural and vice versa. Any reference to masculine gender shall wherever required include feminine gender and vice versa.

1B. In consideration of the rent hereinafter reserved and of the other conditions herein contained, the Lesser agrees to let out and the Lessee agrees o take on lease the land, hereditaments and premises known as ………………………………………………………………………………………………………………………

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

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

Together with all buildings and erections, fixtures and fittings, standing and being thereon building related services (external & international) (hereinafter called “THE SAID PREMISES”) more particularly described in SCHEDULE ‘A’.

2. The lease shall commence/shall be deemed to have been commenced on the …………………………..

day of …………………………… Two thousand and ……………………………………….. and shall subject to the terms here of continue for a period of 15 years with rent revision after every 5 years.

3. The lessee shall subject to the terms here of pay gross rent in monthly arrears for the said premises at the rate of Rs ……………………………………………………………………….………………………………….. per month which shall be deemed to be, inclusive of maintenance and all the taxes payable to municipal or other local bodies. In the event of tenancy hereby created being terminated as provided by these presents, the Lessee shall pay only a proportionate part of the rent for the fraction of the current month up to the date of such determination. The monthly rent is hereby agreed to remain fixed during the period lease of 05 (Five) Years. It is liable to revision, if any, after the expiry of the lease period provided that such revision shall not exceed 30%, @ 6% per annum of the last rent paid at the time of such revision.

4. BSNL shall, if required may lease out the site to other operators to share the infrastructure at any time during the period of agreement. Revision for Enhancement of rent and signing revised rent agreement for leased out BSNL tower site to other service providers shall be done when there is demand from Lessor. Additional rent shall be payable prospectively only i.e. from the first day of the month falling after the month of addition of other service provider (s) on the site and so long as other service provider(s) occupies/occupy the site. Likewise whenever any private service provider withdraws from the sites due to any reason there shall be deduction from the rent at the same rate.

5. The said premises shall be deemed to include the fixtures and fittings existing thereon as shown in Schedule ‘B’ and the BSNL shall upon the expiration of the term hereby created of any

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renewal thereof and subject to clause 14 hereof yield up the said premises including fixtures and fittings in as good a condition as received, fair wear and tear, damage by fire, act of god, riots other civil commotion, enemy action and / or other causes not within control of the BSNL except, PROVIDED THAT THE BSNL shall not be responsible for any structural damage which may occur to the same during the term hereby created or any renewal thereof.

6. The BSNL shall be entitled to use the said premises for any lawful purpose which is not detrimental to the interest of the lessor.

7. The BSNL shall have the right to sublet the whole or any part of the said premises but shall be responsible for the full payment of rent and the term of sublease shall not exceed the period of lease or extension thereof, if any, as set out in Clause 2 hereinabove.

8. That the LESSOR shall pay all the rates or taxes, house tax, other charges, assessments and out-goings imposed or payable to the Municipal Council or Government or any other local authority in respect of the said premises. In case the authorities increase their taxes or impose any new taxes at any later date, the same would be borne by the LESSOR. That if the lessor fails to pay the taxes, cess, charges or Government dues, levies any fee etc. in respect of the said premises imposed by any statutory authority from time to time the lessee may pay, discharge the same after notifying the same to the Lessor and the lessee will set off the same from the rents/fee payable to the lessor under the agreement.

9. That the LESSEE shall pay all charges in respect of electric power, light used in the said premises in accordance with the meters installed therein during the currency of this agreement against bills raised by the appropriate authorities beginning from the date of taking over the demised possession of the said premises.

10. The Lessor shall execute all the repairs required to keep the premises in sound condition as per the sound Engineering practices and also Lessor agree to carry out failing which BSNL in consultation of is Civil wing, may give notice in writing, to lessor for carrying out the repair and said white wash paint within a specified time period. If the lessor fails to execute the repairs & white wash paints etc. on pursuance of the notice, the B.S.N.L. may cause the repairs & said white wash etc. specified in the notice to be executed at the expense of the Lessor and the cost thereof shall, without prejudice to any other mode of recovery, be deducted from the rent of the following months payable to the Lessor.

11. The Lessor agrees to maintain during the period of Agreement/Extension period, if any all amenities for the said premises such as staircases, lifts, passages leading to the said premises, water tanks etc,, in clean and in good and substantial order and condition. In case of default by lessor, the lessee shall have the right to seek specific performance or injunctive relief in this regard from appropriate court of law.

12. The responsibility for registration/documentation of this indenture would be that of the lessor and all expenses in that regard would be borne by the Lessor/Landlord. The registration of this

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agreement in duplicate should be got done by the owner within a period of three months from the date it is signed. One copy of the registered document would be supplied by the lessor to the lessee within 15 days of the registration thereof. The lessor represents and warrants that he/she are the absolute owner(s) of the premises and is/are fully empowered and authorized and able to execute this lease deed and that he/she/they will hold the Lessee free and harmless of any demands, claim, actions or proceedings by other in respect of quiet possession of the premises.

13. The lessor have full powers, good title and absolute right to grant and demise this lease in respect of the demised premises to the Lessee as aforesaid ad usually keep the Lessee indemnified in all for and against all or any defects in the title of Lessor and/or any noncompliance of the Municipal or other statutory rules, orders, bye-laws and regulations applicable for the construction and occupation or installations of the arrangements in respect of the said building including he demised premises and also against any part or parts thereof and for non-compliance, if any, of all municipal or other regulations or orders from time to time and which are to be observed and complied with by the Lessors as owners of the said building.

14. That the LESSEE shall be entitled to erect and fix up partitions, cubicles and other fixtures and fitting and meters into or upon the said premises or any part thereof.

15. The BSNL shall be released from paying any rent in respect of the whole or any such part of the said premises as might be rendered uninhabitable by fire, riots or other civil commotion, enemy action and/or other causes, not within the control of the BSNL or acts of any Government or Municipal Authority and in such case the BSNL will not be liable to pay rent for the period during which the said premises remain unusable or sealed by the Authorities concerned, or at its option the BSNL shall have power to terminate these presents forthwith without prejudice to its rights of remove works, fittings, fixtures and machinery under Clause 14.

16. The BSNL shall not be liable for loss of profit or loss of good will arising from its occupation of the said premises or any amount of compensation in respect of the said premises other than the rent payable as aforesaid and the Lessor shall make no claim in respect thereof.

17. The Lessor agrees with the BSNL that the latter paying the rent hereby reserved observing and performing the conditions and stipulations herein contained on the BSNL’s part to be observed and performed shall peacefully hold and enjoy the said premises during the said terms and any renewal thereof without any interruption or disturbance from or by the Lessor or any person claiming by or through or under them.

18. If the BSNL shall be desirous of extending the lease of the said premises, after the expiration of the term hereby granted in clause-2 of this agreement, it will give a notice in writing to the lessor not less than one month before the expiration of the term hereby granted to the Lessor. Thereupon the Lessor will renew the lease for a period mutually agreed upon between the BSNL and the Lessor, in accordance with the covenants, agreements and conditions as in the present agreement including the present covenant for renewal. However, it is agreed condition that if

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no such mutual agreement is reached, BSNL shall have the option of retaining the premises for a further period of one year commencing from the date of expiration of the term hereby granted on terms & conditions contained herein so that BSNL get reasonable time for making alternative arrangements.

19. The BSNL shall be entitled to terminate the lease at any time giving to the Lessor a three month advance notice in writing of its intention to do so.

20. Any notice to be made or given to the BSNL under these presents r in connection with the said premises shall be considered as duly given if sent by the Lessor through the post by registered letter addressed to the officer who signs this agreement on behalf of BSNL and a copy to the Head of BSNL Field Unit/circle concerned and any notice to be given to the lessor shall be considered as duly given if sent by the Lessee through the post by registered letter addressed to the Lessor at their last known place of abode. Any demand or notice sent by the registered post in either case shall be assumed to have been delivered in the usual course of Post.

21. The Lessor hereby assures that all necessary clearance from Fire Service Department has been obtained for the demised premises and all the necessary rules & regulations of the Fire Department has been adhered to regarding provisioning of Fire-fighting equipment false ceiling, and fixture/fitting works. The Lessor also assures that the proper maintenance agency. The Lessor hereby indemnifies the Lessee against any loss caused due to non-compliance of any of the points as assured hereinabove. If during the terms of this lease, the said premises is rendered unusable on account of any actions from Fire Service Department, the Lessee will not be liable to pay rent for the period during which the demised premises remains unusable and the Lessee shall have the right to terminate the lease agreement immediately and in that event the Lessor shall immediately refund the unadjusted amount if any.

22. That if the LESSOR at any time during the period of this lease sells and/or transfer its lease hold rights in the demised premises as a whole or in part thereof to any person or more than one person then in that event the LESSEE shall attorn to such transferee or transferees on the same terms & conditions as are contained herein and this lease will in no way be effected. It will be sufficient to notify the Lessee regarding the sale transfer effected.

23. That the LESSOR hereby assures, represents and warrants that they being the buyers of the floor are fully entitled to execute the lease agreement and that they shall hold the LESSEE free and harmless of any demands, claim, action or proceedings by other person in respect of quiet/peaceful possession and enjoyment of the demised premises.

24. That in case of any dispute with regard to this LEASE AGREEMENT, the same shall be subject to the jurisdiction of Courts at Phulbani (i.e., place/circle where agreement is signed) and Indian Law shall be applicable. However, during the pendency of the dispute, the LESSEE shall not stop payment of rent and other CHARGES if it is in possession of the demises and other terms shall also continue to apply.”

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25. “PROVIDED ALWAYS and it is hereby expressly agreed that if any time there shall arise any dispute, doubt, different or question with regard to the interpretation or in respect of the right, duties and liabilities of the parties hereto or in relation to premises then every such dispute, difference, doubt or question (except the decision whereof is herein expressly provided for) shall be referred to the sole arbitration of TDE Phulbani or any person appointed by him. The venue of Arbitration shall be at Phulbani. It will be the term of agreement that either of the parties shall have no objection to any such appointment that the arbitrator so appointed is a BSNL employee and that he had to deal with the matters to which the agreement relates in the course of his duties as BSNL’s employees. If the arbitrator so appointed is unable or unwilling to act or neglecting his work or is being transferred or resigns his appointment or vacate his office due to any reason whatsoever, another sole arbitrator shall be appointed in the manner aforesaid by the said TDE Phulbani. The person so appointed shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. The decision of the arbitrator shall be final and binding on the parties to this deal. The provision of the Indian Arbitration Act., 1996 or any statutory modification or re-enactment thereof and rules made there under for the time being in force shall apply to such arbitration and this deed shall be deemed to be submission to arbitration within the meaning of the said Act.”

26. This lease agreement has been executed in duplicate. One counter part of the lease agreement

to be retained by the Lessee and the other by the Lessor.

27. The applicable rent will be calculated from the date of actual occupation of the land/Building and rent will be released preferably after the site is made ON-AIR

THE SCHEDULE ‘A’ REFERRED TO ABOVE (Clause 1B)

This includes open land having an area of about ………………. SqM and also the area and premises with

boundaries described herein below:

All that the ………………………. The ………………………………. Floor of the building known as ……………

………………………………… in the city of which building bear Municipal No. …………………………… and is

situated on plot/and bearing Survey Nos. …………………………………. And is bounded on or towards East by

……………………………… on or towards South ………………………………… along with all rights and privileges of

land lord regarding use of corridors, lifts, stairs, parking spaces etc.

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THE SCHEDULE ‘B’ REFERRED TO ABOVE (Clause 5)

Details of fixtures and fittings:

1.

2.

3.

4.

IN WITNESS WHEREOF THE OFFICIAL SEAL OF ……………………………….. has been affixed in the manner

hereinafter mentioned and the lease agreement has been signed for and on behalf of the BSNL on the

day ad year first above written,

For and on behalf of BSNL (Signature)

Field Unit

In the presence of witness

1. ………………………………………………………….

2. ………………………………………………………….

And by the lessor in presence of witness

1. …………………………………………………………… (Signature)

2. …………………………………………………………..

(In case the Lessor is a Company, Firm or Society Address ……………………………..For and on behalf of

………………………………….Having authority to sign on behalf of the Lessor ……………………………………………………

Vide resolution date of ………………………………………………………..).

Portions which are not applicable may be scored off at the time of filling up of the Standard Lease Agreement (SLA) format.

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