Multiple Querries-Business Start up LL agreement
Rohan Shetty
(Querist) 07 July 2011
This query is : Resolved
I need assistance!
My name is Rohan Shetty
I am intending to start a business and i nedd complete guidance for the same!
The details of the business is as follows!
*
Training And Development (Let's talk -franchise) and also franchisies of a few other trainning programe )
Recruitment (Job assiatance )
Initially BPO and KPO then BSFI(Banking sales Finance and Insurance) would like to get involved into airlines and internalional job placement later
I would also Launch a cofee shop whith a intention to grow as my own brand.... in the same prmisis!
Now i need Information of all the legal formalities and mandatory licences required.For the above mentioned businesses! and also formalities as Registration of company.and tradmark... and mandatory information about copy right and Non usage of my brand name without my permsison...
To start with need to know If there are any changes needed in the Leave and licence Agreement Drafted by my landlord... since i need all the business mention above to be listed in the agreement! and also want to be aware of any un favourable clause in the agreement which should be changes
Contact on
rohansshetty@gmail.com
or
9619000104
The Following is the format of the Agreement:
LEAVE & LICENSE AGREEMENT
THIS LICENSE AGREEMENT made at Mumbai this …… day of …………… 2011 between (1) Smt. Savitaben T. Karia (2) Smt. Jayshri T. Karia (3)Shri. Dhaval V Karia (4) Smt. Jyoti R. Karia, all of Mumbai Indian Inhabitants residing at A/1, ______ Apartment, Chittranjan Road, Vile Parle (East), Mumbai 400 057 hereinafter referred to as “The Licensors” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include their respective heirs, executors, administrators and assigns) of the One Part, 1) MR. HANSRAJ CHOWTA and 2) MS.RAJNA SHIVPRASAD SHETTY, of all Mumbai, Indian Inhabitant, carrying on business in partnership firm in the name and style of “M/S. VRIKA” , having address at A/6 Raghukul,Punjab national Chs. Plot No 15, Lallubhai Park , Andheri West , Mumbai 400058., hereinafter referred to as “The Licensee” of the Other Part.
WHEREAS the Licensors are owners of a commercial premises bearing Office No.2A and 2B admeasuring 475 sq. ft. of carpet area alongwith a terrace of 1200 sq.ft carpet area on 1st floor of building known as So-Lucky Corner, standing on land bearing C.T.S. No.966 of Village Vile Parle (E), Taluka Andheri, situate at the M. G. Road, Vile Parle (East), Mumbai 400 057 (hereinafter referred to as the “said licensed premises”)
AND WHEREAS the Licensee informed the Licensors that the Licensee is carrying on / intending to carry on the business of coaching classes (hereinafter referred to as the “said business”) and requested the Licensors to allow and permit the Licensee to use the said licensed premises on mere license basis for Thirty-six months commencing from 1st August, 2011 till 31st July, 2014 (both days inclusive) in accordance with the provisions hereof at certain charges / license fees and on certain terms and conditions to which the Licensors also agreed to.
AND WHEREAS the parties hereto are now desirous of recording the said terms and conditions as hereinafter appearing:
NOW THIS AGREEMENT WITNESSETH AS UNDER:
1. The Licensors agree to permit and allow the Licensee on mere license basis to use the said licensed premises for the purpose of carrying on the said business for Thirty-six months commencing from 1st August, 2011 till 31st July, 2014 (both days inclusive) at or for certain license fees and on the terms and conditions herein recorded.
2. The license fees payable by the Licensee to the Licensors for the said period of 36 months shall be as under:
a. For the first period of twenty-four months commencing from 1st August, 2011 till 31th July, 2013, the license fees shall be Rs.54,000/- (Rupees fifty four thousand) per month payable in advance on or before 5th day of each month. First of such payment shall be made on or before 5th August, 2011, for the month of August, 2011.
b. For the next period of twelve months commencing from 1st August, 2013 till 31th July, 2014, the license fees shall be Rs.58860/- (Rupees fifty-eight thousand, eight hundred and sixty) per month payable in advance on or before 5th day of each month.
3. Time for payment of license fees is agreed to be of the essence of the contract. Accordingly the Licensee has issued all post-dated cheques in all 144 cheques (36 cheques in favour of each of the Licensors, the details and particulars whereof are set out in Annexure “A” annexed hereto), towards payment of the license fees for the entire period of 36 months.
4. The Licensee has irrevocably agreed assured and covenanted with the Licensors that he shall not at any time during the subsistence of the present leave and license arrangement, close his account with the Bank on whom the aforesaid cheques are drawn or change or withdraw the authority of the signatory who has signed the said cheques and the Licensee shall not issue stop payment instructions in respect of any of the above cheques on any ground whatsoever. If however, the Licensee wish to change his Bankers or withdraw the authority given to the present signatory, he may do so after informing the Licensors and replacing the unencashed cheques held by the Licensors with fresh cheques of same worth and dates, and in such event, the aforesaid agreement and covenants shall apply mutatis mutandis in respect of such new bank account and the fresh cheques issued to the Licensors.
5. The Licensee has on or before execution hereof, paid and kept deposited with the Licensors a sum of Rs.2,00,000/- (Rupees Two Lac Only) as security deposit, free of interest. The security deposit amount shall be returned by the Licensors to the Licensee on determination or revocation of this agreement and/or permission given herein, after the Licensee removes himself, his employees, servants from the said licensed premises and after deducting dues, if any and damages, if any, payable by the Licensee to the Licensors in accordance with the terms hereof.
6. Legal and juridical possession of the said licensed premises is and shall always continue to be with the Licensors alone. The Licensee shall only carry on the said business at the licensed premises as per the permission given and allowed by the Licensors in accordance with the terms, conditions and covenants recorded herein. The Licensee shall neither be nor deemed to be in possession of the said licensed premises or any part thereof. The Licensors shall have throughout the term of this Agreement full control over the said licensed premises and every part thereof.
7. Electric meter / bill in respect of the said licensed premises shall be in the name of Licensor/s alone. The Licensee shall not be entitled to get the electric meter / bill in his name. The Licensee alone shall bear and pay the bills of electricity that is used in the said licensed premises.
8. In the event if any telephone lines are required, then the same will be applied in the name of the Licensee and the costs and expenses in relation to such telephone line/s, such as deposit, bills, etc. shall also be borne and paid by the Licensee alone.
9. The Licensee shall regularly hand over to the Licensors originals duly paid electric bills and the photocopies of the telephone bills.
10. The Licensors shall pay the regular maintenance bills in respect of the said licensed premises. It is however agreed that if by reason of the license hereby given to the Licensee in respect of the said licensed premises, any authorities including local body levies any additional taxes or charges, then the Licensee agrees to bear and pay the same. It is also agreed that Licensee alone shall bear and pay the municipal charges in respect of any hoardings, neon signboard as may be put up by it.
11. The license given by the Licensors to the Licensee as herein recorded is personal only and the Licensee shall not be entitled to transfer and/or assign the same to any person or persons in any manner whatsoever.
12. It is agreed and confirmed that the interior of the said licensed premises is in good condition. The Licensee shall not do or cause to be done anything, which will damage in any way the interior of the said licensed premises. The Licensee may put up furniture or fixtures in the said licensed premises as may be required for it’s said business provided prior written permission of the Licensors is taken for the same. Further if the Licensee makes such additions then upon termination of license, the Licensee shall leave such additions without demanding any compensation or reimbursement in respect thereof. However the Licensee may remove movable furniture and articles that may be brought in the said licensed premises without causing any damage in any way to the interior or fixtures of the said licensed premises.
13. It is expressly agreed and understood by the Licensee that this is a license agreement to enable the Licensee to carry on its said business only. The Licensee shall not carry on any other business. Nothing herein contained shall ever be construed to create any right of tenancy, sub-tenancy, lease or sub-lease, or otherwise in favour of the Licensee and the possession of the said licensed premises shall at all times remain vested with the Licensors and the Licensee shall at no time claim any right, title or interest in the said licensed premises or any part thereof.
14. The Licensee hereby irrevocably declares and undertakes that he has carefully considered the license fees payable under this agreement and considers the same to be reasonable and proper. The Licensee also undertakes that he shall at no time claim to be tenant or sub-tenant or lessee or sub-lessee or otherwise of the said licensed premises or any part thereof and he shall under no circumstances claim that the license fees payable herein is rent or make any application of standard rent or any other application for re-fixation of the license fees payable herein. This undertaking of the Licensee constitute the fundamental essence of this agreement expressly relying upon the correctness of the same the Licensors have executed these presents and agreed to allow the Licensee hereunder to use the said licensed premises on mere license basis upon the terms and conditions as herein mentioned.
15. It is agreed that the Licensee shall keep the said licensed premises and the Licensors indemnified against any action, proceedings, claims or demands arising out of any act or omission or default of the Licensee himself, his employees, servants and against all costs and expenses which may be paid or incurred or sustained or suffered or claimed by or against the Licensors as a result of such action, proceedings, claims or demands whatsoever.
16. The Licensee to the intent that the obligations may continue throughout the term hereby created do hereby covenant with the Licensors as follows:
a. To pay to the Licensors the license fees/charges and other amounts hereby agreed to be paid on the days and in manner mentioned hereinabove for payment thereof.
b. To bear and pay the electric charges, telephone bills and other outgoings in respect of the said licensed premises so long as it continues to be in use of the said licensed premises;
c. To observe and perform all the laws, rules and regulations prescribed from time to time of Brihanmumbai Mahanagarpalika and of the other concerned authorities and will not make or commit any breach thereof, jeopardizing the possession of the Licensors as the owners of the said licensed premises or otherwise.
d. To use the said licensed premises only for the purpose of carrying on the said business and for no other purpose.
e. Not to induct any one else/third person into the said licensed premises or any part thereof.
f. Not to do or cause or allow to be done in the said licensed premises anything which may be a nuisance or sources of injury or annoyance to others and in particular without prejudice to the generality of the foregoing, to carry on the said business from the said licensed premises quietly without disturbing other occupants in the building/Society and keep the said licensed premises clean.
g. Not to store or keep any hazardous goods and articles in the said licensed premises.
h. Not to do or allow to be done in the said licensed premises any illegal, immoral or improper activity, nor shall do or cause or permit or suffer to be done upon the said licensed premises or any part thereof anything which may be offence against any statue, law or notification, rules and regulations made by the Government or local authority.
17. In the event of the Licensee committing breach of any of the terms, conditions, covenants herein contained or upon the Licensee failing to pay to the Licensors the license fees/charges (by reason of dishonour of any of the post dated cheque that are given by the Licensee to the Licensors hereunder or otherwise howsoever) and/or failing to bear and pay electric charges, telephone charges, other outgoings of the said licensed premises as stated above, then and in any of such events, notwithstanding any other conditions or provisions of this agreement and without prejudice to other legal rights of the Licensors, this agreement shall, at the option of the Licensors, be terminated and permission given to the Licensee by the Licensors shall stand revoked, whereupon i.e. upon the termination of this agreement by the Licensors, the Licensee shall remove himself, his employees servants and articles, belongings and things from the said licensed premises without any delay or default in that respect.
18. It is agreed that any notice required to be served by the Licensors upon the Licensee, shall be sufficiently served or deemed to be served if left at or sent by post to the Licensee or delivered to or left at his address mentioned in the title of this agreement.
19. It is agreed that the Licensors shall not be responsible for any damage or injury caused to any person or property by falling down of the walls or floor whether by fire, tempest, leakage, accidents, explosion, bursting of water or gas pipes or electrical installations or short circuit or otherwise howsoever in or about the said licensed premises. The Licensors shall also not be responsible for any damage/loss caused to or suffered by the Licensee on account of theft or burglary etc.
20. The Licensors are free and entitled to terminate and put and end to this agreement at anytime they deem fit and proper even before expiry of the agreed term by giving one month’s notice.
21. The Licensee hereby specifically agrees and covenants with the Licensors that upon expiry of the license period of thirty six months or upon sooner determination or revocation of this agreement / license as provided in this Agreement as the case may be, the Licensors shall have right to prevent the Licensee from using the said licensed premises in any way and also to prevent the Licensee or his employees or servants from entering into or upon the said licensed premises for any purpose whatsoever. Further the Licensee shall and will remove himself, his employees servants and articles, belongings and things from the said licensed premises without any delay or default in that respect, failing which, the Licensors shall, without prejudice to their other rights and remedies, be entitled to remove the same from the said licensed premises at the risk, cost and consequence of the Licensee without any intervention of or recourse to Court of Law. The Licensors shall not be liable for any damages cause to the Licensee.
22. It is specifically agreed by and between the parties hereto that, in contravention of immediately preceding clause hereinabove, if the Licensee do not remove himself, his employees, servants and articles, belongings and things from the said licensed premises without any delay or default in that respect, then without prejudice to the legal rights and other remedies that may be available to the Licensors, the entire security deposit shall stand forfeited to the Licensors and the Licensee shall be bound and liable to pay to the Licensors and the Licensors shall be entitled to receive and recover from the Licensee, as and by way of liquidated damages, a sum of Rs.72,000/= (Rupees Seventy Two Thousand Only) per month or any part thereof during which the Licensee do not remove himself, his employees servants and articles, belongings and things from the said licensed premises and/or continue to use the said licensed premises or any part thereof without the consent and permission of the Licensors.
23. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and shall supersede, cancel and replace any previous agreements, arrangements and understanding between the parties hereto in that behalf. Any modification, amendment hereto shall be in writing duly signed by the parties hereto.
24. Any dispute or difference arising between the parties hereto out of or in relation to this agreement shall be settled by agreement failing which, shall be referred to arbitral tribunal in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
25. This Agreement shall be duly registered within time prescribed for the same. The stamp duty and the registration charges shall be borne and paid by the Licensee and the Licensors equally.
26. No forbearance, indulgence or relaxation shown by the Licensors at any time in enforcing of or to require performance of any terms and/or provisions of this agreement or giving of time by the Licensors to the Licensee shall in any way affect, diminish or prejudice the rights of the Licensors to require enforcement or performance of that term and/or provision and any waiver by any party and any breach of any provisions of this agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision or waiver or amendment of the provisions itself or a waiver of any right under or arising out of this agreement.
27. In the event of any direct or indirect loss or damage being caused to the Licensors, their affiliates or servants as a result of any breach of any of the terms, conditions and covenants contained hereinabove by the Licensee, the Licensee will be liable to reimburse to the Licensors, their affiliates or servants to the extent of any such damage or loss caused to or suffered by the Licensors.
IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands and seals and signed on the day and year first hereinabove written.
SIGNED and DELIVERED by the )
within-named “Licensors”, )
(1) Smt. Savitaben T. Karia
)
(2) Smt. Jayshri T. Karia
(3) Shri. Dhaval V Karia )
(4) Smt. Jyoti R. Karia
in the presence of……….. )
SIGNED and DELIVERED by the )
within-named “Licensee”, )
1) MRS. HANSRAJ V CHOWTA }
2) MS. RAJNA SHIVPRASAD SHETTY }
)
in the presence of ………. )
Advocate Rajkumarlaxman
(Expert) 07 July 2011
u should also add details for coffee shop bcause it is different from coaching classes. it needs separate gumsta also for that
Rohan Shetty
(Querist) 07 July 2011
Thank you For a quick reply....
are u from mumbai ?
If yes could you help me with you contact number for futher assistance ...
also do let me know of the charges for legal advice from you! for the mentioned business planI need assistance!
My name is Rohan Shetty
Advocate Rajkumarlaxman
(Expert) 07 July 2011
mumbai highcourt 9167004496/9323690563. i hv meeting in v parle. o will get bck to you early
