Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
0% found this document useful (0 votes)
14 views9 pages

L and L Optician

Download as docx, pdf, or txt
Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1/ 9

LEAVE AND LICENSE AGREEMENT

This agreement (Leave and License) is made at Chhatrapti Sambhaji Nagar

Maharashtra State on ----------/-------/2023 by and in between

Dr.

Age : ---------Years, Profession: Medical Practioner, R/o. Bansilal nagar Ch.

Sambhaji Nagar, HEREINAFTER called ‘the Licensor (which expression shall

mean and include the Licensorabove named as also his respective heirs,

successors, assigns, executors andadministrators)

AND

Mr. ____________ s/o ,

Age: ------------years, Occupation: ---------------------Business, R/o. .

(AADHAR NO. ). HEREINAFTER called ‘the Licensee’ (which expression shall

mean and include only Licensee above named).

WHEREAS:

A. The Licensor is the owner and in physical possession of the


property located at Siddhi arcade,part of shop no 1 ,Kalda corner,
Ch.Sambhaji Nagar, (Hereafter called as Licensed Premises) along
with the existing fixtures and fittings listed in the Annexure 1 of this
agreement.

B. The Licensor is absolutely seized and possessed of and or


otherwise well and sufficiently entitled to all that constructed portion
being unit described in Schedule hereunder written and are
hereafter for the sake of brevity called or referred to as Licensed
Premises and is/are desirous of giving the said premises on Leave
and License basis under Section 24 of the Maharashtra Rent
Control Act, 1999.

C. The Licensee is an optician and doing his business of fitting


eyewear, including frames and contact lenses that correct
problems with people's vision at various palaces at Ch. Sambhaji
Nagar. The Licensee is in need of temporary premises
admeasuring 100 Sq.ft for ophthalmic shop in which he shall be
selling eyewear like contact lenses, optical glasses and numbered
spectacles along with supporting ophthalmic services.

D. The Licensee has approached the Licensor with a request


proposal of allotting the the area of 100 Sq. Ft for his ophthalmic
shop.

E. That, the Licensor has considered the proposal of the licensee and
being satisfied with the proposal of Licensee has agreed to allot
the area100 Sq. Fts. situated at Siddhi arcade,part of shop
no 1 ,Kalda corner, Ch.Sambhaji Nagar, on Leave and License
basis and Licensor has agreed to give the premise on the Leave
and License basis.

F. The Licensee has represented that he has administrative, business


and technical experience and expertise to perform such services in
a competent and professional manner and shall provide the
punctual services without any delay with priority to hospital in the
premise of which the aforesaid space is allotted under this leave
license agreement.

G. The Licensor has agreed to allow the Licensee herein to use and
occupy the said Licensed premises for his aforesaid purposes only,
on Leave and License basis for the below mentioned period, on
terms and subject to conditions hereafter appearing;

NOW THEREFORE IT IS HEREBY AGREED TO, DECLARED AND


RECORDED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: -

1) Definitions and Interpretation:

In this agreement, unless the context otherwise requires, the following


rules of interpretation shall apply.
(a) Words referring to one gender include every other gender.

(b) Words referring to a singular number include the plural, and words
referring to plural include singular.

(c) Headlines and titles are included in this Agreement for convenience
only and shall not affect the interpretation of this Agreement.

(d) Each Party must, at its own expenses, take all reasonable steps and
do all that is reasonably necessary to give full effect to this Agreement
and events contemplated by it.

(f) Any obligation on a Party not to do something includes an obligation


not to allow that thing to be done.

2) Purpose

(a) The licensee shall provide ophthalmic services in which he shall be


selling eyewear like contact lenses and various spectacles including
numbered, reading, protection and sunglasses along with supporting
ophthalmic serviceand contact lenses.

(b) That, the Licensee shall provide the services (i) in professional, diligent
and timely manner, (ii) as per good commercial practices and (iii) devote
the time and attention necessary to provide services in accordance with
the best of the standards and meet including quality.

(C) That the Licensee shall maintenance of decorum in the shop in


accordance with the ambience of the hospital, clinic, cleaning and
housekeeping services, showcasing products and keeping staff in line
with courtesy and etiquettes fit for a hospital.

(c) That, the Licensee shall be keeping adequate inventory, advanced,


latest designs of the goods like spectacles and glasses and optics as
required by various socio-economic echelons and keeping track of sales,
inventory and turnover in a protected computer system on a day today
basis.

(d) The Licensee shall not do anything in the said premises which is or is
likely to cause a nuisance to the other occupants of the said building or to
the prejudice in any manner. That the Licensee shall not in any way, use
the said premises for any purposes other than mentioned in this
Agreement and will not bring or store any prohibited goods, material in the
said premises which could, in any way be detrimental to the safety interest
of the Licensor. The legal issues if any arising of the prohibited or illegal
goods, material shall be solely responsibility of the Licensee.

The rights of Licensor in respect of said premises or shall not do any


unlawful activities prohibited By State or Central Government

The Licensee shall maintain the said premises in its existing condition and
damage, if any, caused to the said premises, the same shall be repaired
by the Licensee at its own cost subject to normal wear and tear.

3) Terms of Grant of License

(a) That the Licensor hereby grants to the Licensee herein a revocable
leave and license, to occupy the Licensed Premises, described in
Schedule A hereunder written without creating any tenancy rights or any
other rights, title and interest in favor of the Licensee for a period of 36
Months commencing from ------------------------ and ending on
-------------------------.

That the Licensed premises shall only be used by the Licensee for the
purpose.

(b) As the Licensee shall be acting that, the party in second part will maintain
the decorum in the shop in accordance with the ambience of the hospital. As
service provider to the hospital in the premises of which he is working hence the
reputation of the hospital shall also depend upon the quality of service, material
and the prices and charges that the licensee shall be offering to the customers.
Hence to keep the quality and pricing of the goods under control in the interest
of the hospital and the patient that shall be visiting the hospital and purchasing
from Licensee, it is proposed that the Licensor shall have control over the
pricing and inventory and stocking of the quality goods. Provide the punctual
services without any delay. Any activity deterrent and damaging to the
reputation of the hospital and to hospital services will not be carried out by the
licensee in any event and may incur termination of this agreement with
immediate effect,.

(c) Therefore, to avoid the overpricing at the Licensee’s outlet and keep check
of the quality, the Licensee shall keep the goods after approving the same from
the Licensor. He shall also maintain the record of inventory, sales, purchase
and stock at a secured computer system of which the Licensor will have an
unconditional access. The Licensor shall have right to inspect the transitions of
the record of inventory, sales, purchase and stock at any time and any
discrepancies in the same shall be treated as breach of contract. The amounts
of the sales made are to be maintained in the accounting software/system
provided by the Licensor including the sales in cash. The UPI code of the
Licensee shall be displayed on the visible area and money transfer shall be
allowed on the same code only. Any employee or the person receiving the UPI
in his personal or business name shall be considered as breach of contract.

The Licensee shall keep the Licensor promptly informed of all material matters
which come to Licensee’s attention relating to or affecting the business of the
Licensor or any matters concerning the provision of Services hereunder by the
Licensee.

(d) That, the Licensor/ Licensee will be responsible for acquiring, renewing and
maintaining all Government Permissions, licenses certificates etc. and shall be
sole property of the Licensor/ Licensee.

The Licensee shall be responsible to display the said permission and licenses at
the location which shall be visible and inspection of the same can be carried out
various authorities as the time needed. Any alteration or changes or hiding the
information of the said permissions or the Licenses by the Licensee shall be
treated as breach of contract. Whenever required the Licensee shall show
permissions and licenses to the various authorities with utmost care. If any
query arising during this shall be brought to the notice of Licensor and shall not
be addressed by solely by the Licensee.

(e) Any penalties or fines arising of the non-displaying these permissions,


licenses certificates etc. shall be responsibility of the licensee and licensor shall
reimburse the same from the Licensee.
(f) All documents and data relating to the products or the conduct of clinic’s
business shall remain the property of clinic run by the Licensor. Within thirty
(30) days after the termination of this Agreement, the Licensee shall return all
such items and information on its possession to Licensor. The Licensee shall
not make or retain any copies of any confidential items or information that may
have been entrusted to it. Effective upon the termination or expiration of this
Agreement, Licensee shall immediately cease to use all trademarks, marks and
trade name or other materials of clinic.

4) Term of License
The leave and license agreement commence on --------- and shall
continue for a period of 36 months (“Agreement Period”) unless
terminated earlier in accordance with the terms hereof or breach of
agreement arising due to non-compliance of the terms & conditions of this
agreement or the non-adherence to the agreement terms.

5) Sublet of License, Tenancy or Assignment


That the Licensee shall not claim any tenancy right and shall not have any
right to transfer, assign, and sublet or grant any license or sub-license in
respect of the Licensed Premises or any part thereof and also shall not
mortgage or raise any loan against the said premises. Any evidence od
such an action will result in immediate termination of agreement.

6) Security Deposit:

That Licensee has paid the Licensor an amount of Rs.-----------------------(In


words Rs. --------------------------------) as Interest free refundable security
deposit for the use of the said licensed premises. The Licensor
acknowledges receipt of the security deposit.

This deposit shall be refunded without any interest after 90 days subject to
delivery of peaceful possession of the licensed premises by the Licensee
to the Licensor after expiry of the agreement period or earlier termination
of the agreement in accordance with the terms hereof subject to there
being no outstanding dues by the Licensee. The Licensor shall be entitled
to adjust any outstanding amounts of rent, interest or other charges due
from Licensee and any amount spent on repairing damages caused to the
premises under this agreement by the Licensee against the security
deposit prior to refunding the same to the Licensee. In the event of the
security deposit not sufficient to cover the outstanding amounts due to the
Licensee, the Licensee shall be liable to pay all such outstanding amounts
within 15 (Fifteen) days from the receipt of a written demand from
Licensor.

7) Period of Agreement Term of License


The leave and license agreement commence on --------- and shall
continue for a period of 36 months (“Agreement Period”) unless
terminated earlier in accordance with the terms hereof or breach of
agreement arising due to non-compliance of the terms & conditions of this
agreement or the non-adherence to the agreement terms.

8) Maintenance Charges:
A separate electricity meter shall be provided by the Licensor for the
electrical use of the Licensee. The Licensee shall bear and pay all the
electrical usage as well as maintenance charges in respect of the said
Licensed Premises. Other outgoings including Municipal property taxes
and water charges respect of the said premises shall be paid by the
Licensor. The licensee shall pay the electricity and maintenance charges
directly to the authorities concerned and a give a copy of such payments
to the Licensor on monthly basis. It shall be duty of the Licensee to pay
electricity charges on priority before the due date, and any disconnection
of the electricity from the authorities for the nonpayment of the charges or
tampering the meter shall be responsibility of the Licensee. The Licensor
shall recover the outstanding electrical usage charges as well as
reconnection @5% interest from the Licensee immediately.

9) Telephone Internet and Local Area Network (LAN)

The Licensee shall be provided with one intercom connection for the
communication within premise along with a LAN internet through a central
server. The Licensee shall have right to apply for a Telephone, Fax
connection in the premises covered under this agreement in his own
name and at his own cost. This Telephone, Fax connection shall be
removed by the Licensee obtained and installed by him, as well as pay all
the dues on the expiry/termination of the License.

10)Alteration, Structural Additions


That the Licensee shall not make or permit to do any alteration or addition
to the construction or arrangements (internal or external) to the Licensed
premises without previous consent in writing from the Licensor. If the
Licensor approves for the any alteration or addition to the construction or
arrangements (internal or external), the Licensee wants to use contractor
to carry out the same, such contractor must also be approved in writing by
the Licensor prior to commencement of work.

11)Compliance with rules

That the Licensee shall comply with all applicable laws, rules and regulations
of the local government authorities in relation to the licensed premises.

12)Possession

(a)Licensee shall be eligible to occupy the licensed property simultaneously


with the execution of this agreement provided the security deposit and the
remaining consideration as agreed in this agreement has been delivered to
the Licensor.

(b)That the immediately at on the expiration or termination or cancellation of


this agreement the Licensee shall vacate the said premises without delay
with all his goods and belongings. In the event of the Licensee failing and /
or neglecting to remove himself and / or his articles from the said premises
on expiry or sooner determination of this Agreement, the Licensor shall be
entitled to recover damages at the rate of double the daily amount of
compensation per day and or alternatively the Licensor shall be entitled to
remove the Licensee and his belongings from the Licensed premises,
without recourse to the Court of Law.

13)Inspection

That, the Licensor and the authorized personnel shall on reasonable notice
given by the Licensor to the Licensee shall have a right of access either by
himself or through authorized representative to enter, view and inspect the
Licensed premises at any time and reasonable intervals.

14)Cancellation
That the Licensee and Licensor will have the right to vacate the said
premises by giving a notice in writing of six months.

That, if the Licensee commits default in regular and punctual payments of


monthly compensation as herein before mentioned or commit/s breach of
any of the terms, covenants and conditions of this agreement or if any
legislation prohibiting the Leave and License is imposed, the Licensor shall
be entitled to revoke and / or cancel the License hereby granted, by giving
notice in writing of one week.

(b)That the Licensees shall pay -------- to the Licensor the following
amount per month towards the compensation for the use of the said licensed
premises.
The amount of monthly compensation shall be payable within first
five days of the concerned month of Leave and License.

You might also like