Common use of NOW THIS DEED WITNESSETH as follows Clause in Contracts

NOW THIS DEED WITNESSETH as follows. 2.1 In consideration of the rents and covenants on the part of the Tenant and the conditions hereinafter reserved and contained the Landlord with full title guarantee HEREBY DEMISES unto the Tenant the Premises subject to the matters set out or referred to in Part V of the Schedule EXCEPT AND RESERVED as specified in Part II of the Schedule TO HOLD unto the Tenant for the Term YIELDING AND PAYING therefor clear of all deductions yearly and proportionately for any part of a year the Rent and to be paid by four equal payments in advance the first of such payments (or a proportionate part thereof) to be paid on the Rent Commencement Date and the subsequent payments to be made on the usual quarter days AND ALSO YIELDING AND PAYING by way of further or additional rent annually any sum or sums of money equal to the amount which the Landlord may expend in effecting and maintaining the insurance mentioned in paragraph 2 of Part IV of the Schedule (or if such insurance is effected under a policy which relates also to other property such proportion of the total premium for such policy as the Landlord’s Surveyor shall determine PROVIDED THAT the Tenant shall not be liable for a proportion of any increased premium payable as a consequence of the particular use of part of the property so assessed (other than the Premises) by the Landlord or the owner or occupier of that part such determination (save as to any question of law) to be final and binding on the Tenant) (the ‘Insurance Rent’) such sum or sums to be paid within fourteen days of demand being made of the Tenant and so that in particular no deduction shall be made by the Tenant in respect of any agency or other commission whether paid or allowed to the Landlord itself or otherwise but the full nominal amount of each sum or premium shall be treated as expended by the Landlord for the said insurance and the Landlord shall be entitled to retain for its own benefit the said agency or other commission so paid or allowed

Appears in 2 contracts

Samples: OpSec Holdings, OpSec Holdings

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NOW THIS DEED WITNESSETH as follows. 2.1 In consideration The Guarantor hereby absolutely irrevocably and unconditionally guarantees to the Authority the due and punctual performance by the Service Provider of all the rents and covenants obligations on the part of the Tenant Service Provider under or pursuant to the Framework Agreement (“the Terms”) and (as a separate stipulation and as primary obligor) agrees that if the Service Provider shall in any respect commit any breach of or fail to fulfil any of the Terms, then the Guarantor will forthwith perform and fulfil in place of the Service Provider each and every Term in respect of which the Service Provider has defaulted or which is unfulfilled by the Service Provider. The Guarantor shall be liable to and indemnify the Authority for all losses, damages, expenses, liabilities, claims, costs or proceedings which the Authority may suffer or incur by reason of the said failure or breach. The Guarantor shall be liable to and indemnify the Beneficiary and the conditions hereinafter reserved and contained the Landlord with full title guarantee HEREBY DEMISES unto the Tenant the Premises subject Authority that is a party to the matters set out Framework Agreement or referred the Contracts that has been breached by the Service Provider or which the Service Provider has failed to perform for all losses, damages, expenses, liabilities, claims, costs or procedures to the extent that the Service Provider is liable to: the Beneficiary under the Contracts; and the Authority under the Framework Agreement. The Guarantor shall be, and shall continue to be, liable under this Agreement even if the Framework Agreement is or becomes for any reason not binding on, or unenforceable against, the Service Provider, for any reason whatsoever. No alterations in Part V the Framework Agreement, or in the Services, and no extension of time, forbearance or forgiveness, nor any act, matter or thing whatsoever except an express release by the Authority, shall in any way release or reduce any liability of the Schedule EXCEPT AND RESERVED as specified Guarantor hereunder. References to the Framework Agreement in Part II this Agreement shall include all amendments, variations and additions to it, whether made before or after the date hereof. This guarantee shall remain in full force and effect until performance in full of the Schedule TO HOLD unto Terms, notwithstanding: the Tenant insolvency or liquidation of the Service Provider, the Guarantor or any other person; any disclaimer of the Framework Agreement by a liquidator of the Service Provider; and/or any feature of the Framework Agreement, the negotiations prior to the Service Provider and the Authority entering into the Framework Agreement, or the performance of the Framework Agreement, making it ineffective or unenforceable. Until the Terms have been unconditionally and irrevocably performed in full, the Guarantor shall not by virtue of any performance or payment made by it or otherwise: be subrogated to any rights, security or moneys held or received or receivable by the Authority; or be entitled to exercise any right of contribution from any co-surety in respect of such performance and liabilities under any other guarantee, security or agreement; or exercise any right of set-off or counterclaim against the Service Provider or any such co-surety; or receive, claim or have the benefit of any payment, distribution, security or indemnity from the Service Provider or any such co-surety; or unless so directed by the Authority (when the Guarantor will prove, and turn over any realisations to the Authority, in accordance with such directions) claim as a creditor of the Service Provider or any such co-surety in competition with the Authority. No delay or omission of the Authority in exercising any right, power or privilege hereunder shall impair such right, power or privilege or be construed as a waiver of such right, power or privilege nor shall any single or partial exercise of any such right, power or privilege preclude any further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies of the Authority herein provided are cumulative and not exclusive of any rights or remedies provided by law. A waiver given or consent granted by the Authority under this guarantee will be effective only if given in writing and then only in the instance and for the Term YIELDING AND PAYING therefor clear of all deductions yearly and proportionately purpose for which it is given. If at any part of a year the Rent and to be paid by four equal payments in advance the first of such payments (time any one or a proportionate part thereof) to be paid on the Rent Commencement Date and the subsequent payments to be made on the usual quarter days AND ALSO YIELDING AND PAYING by way of further or additional rent annually any sum or sums of money equal to the amount which the Landlord may expend in effecting and maintaining the insurance mentioned in paragraph 2 of Part IV more of the Schedule (provisions of this guarantee is or if such insurance is effected becomes invalid, illegal or unenforceable in any respect under a policy which relates also to other property such proportion any law, the validity, legality and enforceability of the total premium for such policy as the Landlord’s Surveyor shall determine PROVIDED THAT the Tenant remaining provisions hereof shall not be liable in any way affected or impaired thereby. As a separate and alternative stipulation the Guarantor unconditionally and irrevocably agrees that any sum expressed to be payable by it or obligation to be performed by it under this guarantee but which is for any reason (whether or not now existing and whether or not now known or becoming known to the Guarantor) not recoverable from or enforceable against the Guarantor on the basis of a proportion guarantee shall nevertheless be recoverable from or enforceable against the Guarantor as if the Guarantor were the sole principal debtor or obligor (where relevant). Any notice, demand or other communication to be served under this guarantee may be served upon either party hereto only by posting by first class post to be served at its address shown below: Authority: Guarantor: For the attention of or at such other address as the receiving party may from time to time notify in writing to the other party. A notice or demand served by first class post shall be deemed duly served on the second business day after the date of posting. For the purposes of this paragraph “business day” means a day on which commercial banks are open for business in London. In proving service of any increased premium payable as notice it will be sufficient to prove, in the case of a consequence of letter, that such letter was properly stamped or franked first class, addressed and placed in the particular use of part of the property so assessed (other than the Premises) by the Landlord or the owner or occupier of that part such determination (save as to any question of law) to be final and binding on the Tenant) (the ‘Insurance Rent’) such sum or sums to be paid within fourteen days of demand being made of the Tenant and so that in particular no deduction shall be made by the Tenant in respect of any agency or other commission whether paid or allowed to the Landlord itself or otherwise but the full nominal amount of each sum or premium shall be treated as expended by the Landlord for the said insurance and the Landlord post. The Authority shall be entitled to retain for assign or transfer all or any of the Authority’s rights under this guarantee without consent of the Guarantor. Nothing in this guarantee confers or purports to confer any right to enforce any of its own benefit terms on any person who is not a party to it (except any successor or any permitted assignee of such a party). The Contracts (Rights of Third Parties Act) 1999, or any amendment or re-enactment thereof, accordingly shall not apply. The proper law of this guarantee shall be the said agency or other commission so paid or allowedsame as that of the Framework Agreement.

Appears in 2 contracts

Samples: Framework Agreement, data.gov.uk

NOW THIS DEED WITNESSETH as follows. 2.1 In pursuance of the said agreement and in consideration of the rents rent hereby reserved and covenants of the covenants, conditions and stipulations hereinafter contained and on the Lessee‟s part of the Tenant to be paid, observed and the conditions hereinafter reserved and contained the Landlord with full title guarantee performed, THE LESSOR HEREBY DEMISES UNTO THE LESSEE ALL THAT the building situated at[Lease Property Address] andhereinafter called as the demised premises ,TOGETHER WITH ALL the fixtures and fitting therein, TOGETHER WITH the electrical installations and together with the right for the Lessee, its employees,servants,agents,customers and persons authorized by the lessor to use the entrances,doorways,entrance hall,staircases,landings and passages in the demised premises for the purpose of ingress thereto, TO HOLD the demised premises unto the Tenant Lessee for the Premises subject to the matters set out period of [Lease Term in months or referred to in Part V of the Schedule EXCEPT AND RESERVED years]only commencing from the[Lease date start date]and determined on[Lease deed signing date] but determinable earlier as specified in Part II of the Schedule TO HOLD hereinafter provided PAYING therefor unto the Tenant for Lessor during the Term YIELDING AND PAYING therefor clear said term monthly rent of all deductions yearly and proportionately for any part of a year the Rent and to be paid by four equal payments in advance the first of such payments (or a proportionate part thereof) to be paid on the Rent Commencement Date and the subsequent payments to be made on the usual quarter days AND ALSO YIELDING AND PAYING by way of further or additional rent annually any sum or sums of money equal to the amount which the Landlord may expend in effecting and maintaining the insurance mentioned in paragraph 2 of Part IV of the Schedule (or if such insurance is effected under a policy which relates also to other property such proportion of the total premium for such policy as the Landlord’s Surveyor shall determine PROVIDED THAT the Tenant shall not be liable for a proportion of any increased premium Rs.[Lease Amount per month] payable as a consequence of the particular use of part of the property so assessed (other than the Premises) by the Landlord or the owner or occupier [Date of that part such determination (save as to any question of law) to be final and binding on the Tenant) (the ‘Insurance Rent’) such sum or sums to be paid within fourteen days of demand being made of the Tenant and so that in particular no deduction shall be made by the Tenant in respect of any agency or other commission whether paid or allowed to the Landlord itself or otherwise but the full nominal amount monthly payment] of each sum or premium shall be treated as expended by the Landlord for the said insurance and the Landlord shall be entitled succeeding calendar month to retain for its own benefit the said agency or other commission so paid or allowedwhich it relates .IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

Appears in 1 contract

Samples: Commercial Lease Agreement

NOW THIS DEED WITNESSETH as follows. 2.1 In pursuance of the above mentioned construction agreement and in consideration of the rents sum of Rs……………../- (Rupees Only) paid by the Purchaser to the VENDORS in the presence of witnesses to this deed the receipt of which payment the VENDORS doth hereby acknowledge, the VENDORS hereby convey, transfer and covenants assign all that property more fully described in Schedule ‘B’ hereunder together with all rights, ways, liberties, privileges, easements, advantages, appurtenances whatsoever with regard to the property hereby conveyed and all the rights, title, interest and property-claim and demand whatsoever of the VENDORDS unto or upon the said property and every part thereof, to have and to hold the property hereby conveyed unto the Purchaser in the manner aforesaid. And the Purchaser will hereafter peacefully hold, use and enjoy the ‘B’ Schedule property as the Purchaser property without any hindrance, interruption claim or demand by or from the VENDORS and all persons claiming under the VENDORS. And that the VENDORS and all persons claiming under the VENDORS shall and will from time to time upon the request and cost of the Purchaser do and execute or cause to be done or executed all such acts, deeds and things whatsoever for further and more fully and perfectly assuring the said property and every part thereof unto the Purchaser and placing the Purchaser in possession of the same according to the true intent and meaning of these presents as shall or may be required. VENDORS PURCHASER (BY POWER AGENT) The VENDORS and the authorized Agents and Nominees of the VENDORS shall always have the right, power and authority to dig, lay and repair the water pipe lines, sewerage and drain pipe lines, telephone cables and wires and electricity cables and wires in, over, under or upon the land that is being sold by the Promoters to the Purchaser herein for providing and for the proper maintenance and upkeep of the aforesaid common amenities being provided to the various flats, and tenements being constructed over the said land. The VENDORS hereby covenant with the Purchaser that the interest hereby conveyed subsists and the VENDORS have absolute title and power to transfer the same. The VENDORS hereby covenant with the Purchaser that there are no litigations pending before any Courts of law with respect to the said land, Project of the Apartment. The VENDORS hereby covenant with the Purchaser that there is no subsisting encumbrance whatsoever over the property hereby conveyed nor have the VENDORS subjected the same to any encumbrance whatsoever and that the property hereby conveyed is sold free of all encumbrance. The Schedule property is not the subject matter of HUF and no part thereof is owned by any minor and/or no minor has any right, title and claim over the schedule property; No Notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received by or served upon the VENDORS in respect of the said land. The VENDORS further covenant with the Purchaser that the land allocated for construction as per Approved plan in the ‘A’ Schedule land will always remain impartiable and the VENDORS have delivered symbolic possession of the ‘B’ Schedule undivided part of land to the Purchaser. The VENDORS hereby agree to keep indemnified the Purchaser from and against all losses, damages, costs or expenses which the Purchaser may sustain or incur by reason of any adverse claim being made by anybody to the said property. The VENDORS have this day delivered to the Purchaser the xerox copies of the title deeds and other connected documents pertaining to the property hereby conveyed. The Power of Attorney is still in force as on date. The persons who have executed the Power of Attorney is aware of this Deed of Sale. VENDORS PURCHASER (BY POWER AGENT) DESCRIPTION OF PROPERTY SCHEDULE –A In Coimbatore Registration District, Gandhipuram Sub-Registration District,Coimbatore Taluk, Chinnavedampatti Village, (Now within CoimbatoreCorporation Limits) North of Common road in S.F.Nos.541/2C1E, 541/2C1D (P) and Land in S.F.Nos.526 (P) & 525/2 (P) East of Land in S.F.Nos.492/2, 493/1A and Vaikal in S.F.No.528/1. South of Land in S.F.Nos.528/2A2 (P), 527/1A (P) & 541/2A1 (P West of Common road running from North-South, in S.F.Nos.541/2A1(P), 541/2A2(P), 541/2A3(P), 541/2A4(P), 541/2C1A (P), 541/2C1B (P), 541/2C1D (P) & 541/2B. Within the above an extent of 11.13 ¼ Acres (4.50.52 Hectares) (EXCLUDING vaikal running from East to West passing through S.F.No.541, 527 & 528 and noted as 541/2B, 527/2 and 528/2B) of lands with a right to use all the mamool and common roads as ingress & engress to reach the lands with all appurtenances attached thereto. Within the above an extent of 1.83 Acres of lands with a right to use all the mamool and common roads as ingress and engress to reach the lands with all appurtenances attached thereto in S.F.Nos.527/1B2, 527/1C2, 527/1D2, 541/2A2A, 541/2A3A AND 541/3 in Chinnavedampatti Village as detailed below: X.X.Xx. 527/1B2 0.13.90 HECTRE 527/1C2 0.13.00 HECTRE 527/1D2 0.05.90 HECTRE 541/2A2A 0.19.50 HECTRE 541/2A3A 0.18.50 HECTRE 541/3 0.03.20 HECTRE ---------------------- 0.74.00 HECTRE Equivalent to 1.83 ACRES Within the following boundaries: North of S.F.No.541/2A4A, 527/1D1 South of S.F.No.527/1A2B & 541/2A1A2 East of S.F.No.527/1B1,527/1C1,527/1D1 West of S.F.No.541/2A2B,541/2A3B VENDORS PURCHASER (BY POWER AGENT) Land measuring: 399.005 links – East West on the part South 395.025 links – East West on the North 411.940 links – North South on the East 529.353 links – North south on the West, admeasuring 1.83 acres of vacant land. The above said property admeasuring an extent of 7400 sq.mts of land is covered by this Sale Deed. The property situates within the Tenant limits of Coimbatore Municipal Corporation. In Schedule A property which is earmarked for construction of Apartments and Buildings, an extent of ….. sq.ft or ……… sq.metres of undivided share of land with the right to use the common amenities, layout roads and all common areas in the layout. The above mentioned undivided share of land is in of Schedule A property and the conditions hereinafter reserved and contained property is situated in in “XXXXXXXXX XXXXX VILLAGE.”, in S.F.Nos. 527/1B2, 1C2,1D2, 541/2A2A,2A3A,3, within the Landlord with full title guarantee HEREBY DEMISES unto the Tenant the Premises subject to the matters set out or referred to in Part V limits of the Schedule EXCEPT AND RESERVED as specified in Part II of the Schedule TO HOLD unto the Tenant for the Term YIELDING AND PAYING therefor clear of all deductions yearly and proportionately for any part of a year the Rent and to be paid by four equal payments in advance the first of such payments (or a proportionate part thereof) to be paid on the Rent Commencement Date and the subsequent payments to be made on the usual quarter days AND ALSO YIELDING AND PAYING by way of further or additional rent annually any sum or sums of money equal to the amount which the Landlord may expend in effecting and maintaining the insurance mentioned in paragraph 2 of Part IV of the Schedule (or if such insurance is effected under a policy which relates also to other property such proportion of the total premium for such policy as the Landlord’s Surveyor shall determine PROVIDED THAT the Tenant shall not be liable for a proportion of any increased premium payable as a consequence of the particular use of part Coimbatore Municipal Corporation. The current market value of the property so assessed is Rs /- (other than Rupees ……………………………………………….. Only). In witness whereof both the Premises) by the Landlord or the owner or occupier parties have signed this deed of that part such determination (save as to any question of law) to be final and binding sale on the Tenant) (day, month and year first above written in the ‘Insurance Rent’) such sum or sums to be paid within fourteen days of demand being made presence of the Tenant and so that in particular no deduction shall be made by the Tenant in respect of any agency or other commission whether paid or allowed to the Landlord itself or otherwise but the full nominal amount of each sum or premium shall be treated as expended by the Landlord for the said insurance and the Landlord shall be entitled to retain for its own benefit the said agency or other commission so paid or allowedfollowing witnesses. VENDORS PURCHASER (BY POWER AGENT) WITNESSES: 1.

Appears in 1 contract

Samples: www.sreevatsa.com

NOW THIS DEED WITNESSETH as follows. 2.1 In pursuance of the said Agreement for Sale dated and in consideration of the rents sum of /- (Rupees only) already paid by the Purchaser to the Developer from time to time as per Receipt below (the receipt whereof the Developer doth hereby and covenants also by the receipt hereunder written admit and acknowledge to have been received and of and from the payment of the same and every part thereof do hereby acquit release and discharge the Purchaser and the said UNIT measuring a super built up area of sq.ft. more or less and one car parking space measuring an are of sq.ft. hereby intended to be sold and transferred) the Vendor and the Developer doth hereby grant sell transfer convey assure and assign Undivided, impartible, proportionate and variable share and/or interest in the common portions, amenities, facilities, of the said Block, The said Building complex, as be attributable and appurtenant to the ‘said Flat’. The said “Common portion, amenities and facilities” are morefully described in the Fourth Schedule hereinbelow ALONG WITH the liability of payment of common expenses and maintenance charge mentioned in the FIFTH SCHEDULE hereunder written AND observing the common restrictions as enumerated mentioned in the SIXTH SCHEDULE hereunder written ALONG WITH common rights of easement and facilities and the Developer doth hereby grant sell transfer convey assure and assign the constructed portion of the ALL THAT piece and parcel of Flat/Unit No. measuring a super built up area of sq.ft. more or less situated on the part of the Tenant Block of the Building at the said Premises TOGETHER WITH one covered car parking space more particularly described in the SECOND SCHEDULE hereunder written TOGETHER WITH proportionate share into or upon the common areas, installation and facilities provided in the building constructed on the Second Portion unto and in favour of the Purchaser (the Flat/Unit No. , one covered car parking space and the conditions said undivided proportionate variable share(s) in the land and common areas and installations are hereinafter reserved collectively referred to as THE SAID UNIT AND THE PROPERTIES APPURTENANT THERETO) absolutely and contained forever free from all encumbrances charges liens lispendens attachments trusts whatsoever or howsoever TOGETHER WITH the Landlord right to use the common areas and installations in common with full title guarantee HEREBY DEMISES the Vendor, the Developer, the Co-Purchasers and the owners and other lawful occupants TOGETHER WITH other stipulations and provisions in connection with the beneficial use and enjoyment of THE SAID UNIT AND THE PROPERTIES APPURTENANT THERETO TO HAVE AND TO HOLD THE SAID UNIT AND THE PROPERTIES APPURTENANT THERETO hereby sold transferred and conveyed and every part or parts thereof unto the Tenant the Premises subject and to the matters set out or referred to in Part V use of the Schedule EXCEPT AND RESERVED as specified in Part II Purchaser SUBJECT TO the restrictions and/or Rules regarding the user of the Schedule TO HOLD unto said UNIT (more fully and particularly mentioned and described in the Tenant for the Term YIELDING AND PAYING therefor clear of all deductions yearly and proportionately for any part of a year the Rent and to be paid by four equal payments in advance the first of such payments (or a proportionate part thereofSIXTH SCHEDULE hereunder written) to be paid on the Rent Commencement Date and the subsequent payments to be made on the usual quarter days AND ALSO YIELDING AND PAYING by way of further or additional rent annually any sum or sums of money equal to SUBJECT TO the amount which the Landlord may expend in effecting and maintaining the insurance mentioned in paragraph 2 of Part IV Purchaser making payment of the Schedule (or if such insurance is effected under a policy which relates also to maintenance charges and other property such proportion of the total premium for such policy as the Landlord’s Surveyor shall determine PROVIDED THAT the Tenant shall not be liable for a proportion of any increased premium charges payable as a consequence of the particular use of part of the property so assessed (other than the Premises) by the Landlord or the owner or occupier of that part such determination (save as to any question of law) to be final and binding on the Tenant) (the ‘Insurance Rent’) such sum or sums to be paid within fourteen days of demand being made of the Tenant and so that in particular no deduction shall be made by the Tenant in respect of any agency or other commission whether paid or allowed THE SAID UNIT AND THE PROPERTIES APPURTENANT THERETO more particularly described in the FIFTH SCHEDULE hereunder written to the Landlord itself or otherwise but the full nominal amount of each sum or premium shall maintenance Company to be treated as expended formed by the Landlord for the said insurance Vendor and the Landlord shall be entitled to retain for its own benefit the said agency or other commission so paid or allowedDeveloper: II AND THE VENDOR AND THE DEVELOPER HEREBY COVENANT WITH THE PURCHASER as follows:-

Appears in 1 contract

Samples: Proforma of Agreement for Sale

NOW THIS DEED WITNESSETH as follows. 2.1 In consideration IN CONSIDERATION of the rents premises, the Loan and of other good and valuable consideration, the adequacy and receipt whereof are hereby acknowledged, SHIPOWNER HEREBY COVENANTS with Mortgagee to satisfy its obligations under the Subsidiary Guarantee and to pay each and every sum of money that may be or become owing to Mortgagee from Shipowner under the terms of the Security Documents to which it is a party or any of them at the time and in the manner specified therein, such amounts together hereinafter referred to as the "Obligations." Shipowner agrees to pay all other sums comprising the Obligations in accordance with the terms, conditions and provisions in the Security Documents and to perform, observe and comply with the covenants, terms and obligations and conditions on its part to be performed, observed and complied with contained or implied herein and in the Security Documents. Shipowner shall also pay to Mortgagee upon Mortgagee's first written demand all stamp duties, registration and/or recording fees and charges for certificates incurred by Mortgagee in connection with the registration of this Deed and the Statutory Mortgage and all other claims, expenses, costs, payments, disbursements, losses, damages or liabilities which may be incurred by Mortgagee by reason of the covenants and conditions applicable to Shipowner contained in the Security Documents, together with interest thereon as herein or therein provided, and confirms that such obligations are secured by this Deed and the Statutory Mortgage. By way of security for payment of the Obligations, SHIPOWNER HEREBY MORTGAGES, CHARGES, GRANTS, CONVEYS, PLEDGES, ASSIGNS, TRANSFERS, SETS OVER AND CONFIRMS the whole of the Vessel unto Mortgagee and its successors and permitted assigns, together with all of Shipowner's right, title and interest in and to the boilers, engines, machinery, masts, spars, sails, rigging, boats, anchors, nets, chains, cables, tackle, apparel, furniture, fittings, navigation equipment, propulsion equipment, fuel, lubricating and other oils, consumables and other stores and equipment and all other appurtenances to the Vessel appertaining or belonging, whether now owned or hereafter acquired, whether on board or not, and all additions, improvements and replacements hereafter made in or to the Vessel, or any part thereof, or in or to the equipment and appurtenances aforesaid and including Shipowner's rights under any leases and charters in connection therewith, all of which property shall be deemed to be included in the term "Vessel" as used in this Deed, which Shipowner hereby warrants to be free at the date hereof from any other charge or encumbrance whatsoever (other than charges or encumbrances in existence immediately prior to the Closing (as defined in the Purchase Agreement)). Shipowner hereby covenants that the security created by this Deed and the Statutory Mortgage shall be held by Mortgagee as continuing security, and that the security so created shall not be satisfied by any intermediate payment of any part of the Tenant Obligations. Upon the Obligations having been unconditionally and irrevocably paid and discharged in full, and following a written request therefore from Shipowner, Mortgagee will release the conditions hereinafter reserved security created by the Statutory Mortgage and contained this Deed. As further security for the Landlord with full title guarantee HEREBY DEMISES unto satisfaction of the Tenant Obligations, Shipowner does also grant, convey, mortgage, pledge, assign, transfer, set over and confirm to Mortgagee absolutely all rights and interests of every kind which now or at any later time it has to, or in connection with, the Premises Insurances and Requisition Compensation (as such terms are hereafter defined). It is hereby covenanted, declared and agreed that the property above described is to be held subject to the matters further covenants, conditions, provisions, terms and uses hereinafter set out or referred forth. Without prejudice to in Part V the provisions of Section 36 of the Schedule EXCEPT AND RESERVED as specified Merchant Shipping Xxx 0000, Shipowner shall remain liable to fulfill all obligations assumed by it in Part II of the Schedule TO HOLD unto the Tenant for the Term YIELDING AND PAYING therefor clear of all deductions yearly and proportionately for any part of a year the Rent and to be paid by four equal payments in advance the first of such payments (or a proportionate part thereof) to be paid on the Rent Commencement Date and the subsequent payments to be made on the usual quarter days AND ALSO YIELDING AND PAYING by way of further or additional rent annually any sum or sums of money equal relation to the amount which the Landlord may expend in effecting Vessel and maintaining the insurance mentioned in paragraph 2 of Part IV of the Schedule (or if such insurance is effected Mortgagee shall be under a policy which relates also to other property such proportion of the total premium for such policy as the Landlord’s Surveyor shall determine PROVIDED THAT the Tenant shall not be liable for a proportion no obligation of any increased premium payable as a consequence of the particular use of part of the property so assessed (other than the Premises) by the Landlord or the owner or occupier of that part such determination (save as to any question of law) to be final and binding on the Tenant) (the ‘Insurance Rent’) such sum or sums to be paid within fourteen days of demand being made of the Tenant and so that in particular no deduction shall be made by the Tenant kind whatsoever in respect thereof or be under any liability whatsoever in event of any agency or other commission whether paid or allowed failure by Shipowner to the Landlord itself or otherwise but the full nominal amount of each sum or premium shall be treated as expended by the Landlord for the said insurance and the Landlord shall be entitled to retain for perform its own benefit the said agency or other commission so paid or allowedobligations in respect thereof.

Appears in 1 contract

Samples: Purchase Agreement (Ambassadors International Inc)

NOW THIS DEED WITNESSETH as follows. 2.1 In pursuance of the said Agreement for Sale dated _ and in consideration of the rents sum of _/- (Rupees only) already paid by the Purchaser to the Developer from time to time as per Receipt below (the receipt whereof the Developer doth hereby and covenants also by the receipt hereunder written admit and acknowledge to have been received and of and from the payment of the same and every part thereof do hereby acquit release and discharge the Purchaser and the said UNIT measuring a super built up area of _ sq.ft. more or less and one car parking space measuring an are of sq.ft. hereby intended to be sold and transferred) the Vendor and the Developer doth hereby grant sell transfer convey assure and assign Undivided, impartible, proportionate and variable share and/or interest in the common portions, amenities, facilities, of the said Block, The said Building complex, as be attributable and appurtenant to the ‘said Flat’. The said “Common portion, amenities and facilities” are morefully described in the Fourth Schedule hereinbelow ALONG WITH the liability of payment of common expenses and maintenance charge mentioned in the FIFTH SCHEDULE hereunder written AND observing the common restrictions as enumerated mentioned in the SIXTH SCHEDULE hereunder written ALONG WITH common rights of easement and facilities and the Developer doth hereby grant sell transfer convey assure and assign the constructed portion of the ALL THAT piece and parcel of Flat/Unit No. measuring a super built up area of sq.ft. more or less situated on the part of the Tenant Block of the Building at the said Premises TOGETHER WITH one covered car parking space more particularly described in the SECOND SCHEDULE hereunder written TOGETHER WITH proportionate share into or upon the common areas, installation and facilities provided in the building constructed on the Second Portion unto and in favour of the Purchaser (the Flat/Unit No. , one covered car parking space and the conditions said undivided proportionate variable share(s) in the land and common areas and installations are hereinafter reserved collectively referred to as THE SAID UNIT AND THE PROPERTIES APPURTENANT THERETO) absolutely and contained forever free from all encumbrances charges liens lispendens attachments trusts whatsoever or howsoever TOGETHER WITH the Landlord right to use the common areas and installations in common with full title guarantee HEREBY DEMISES the Vendor, the Developer, the Co-Purchasers and the owners and other lawful occupants TOGETHER WITH other stipulations and provisions in connection with the beneficial use and enjoyment of THE SAID UNIT AND THE PROPERTIES APPURTENANT THERETO TO HAVE AND TO HOLD THE SAID UNIT AND THE PROPERTIES APPURTENANT THERETO hereby sold transferred and conveyed and every part or parts thereof unto the Tenant the Premises subject and to the matters set out or referred to in Part V use of the Schedule EXCEPT AND RESERVED as specified in Part II Purchaser SUBJECT TO the restrictions and/or Rules regarding the user of the Schedule TO HOLD unto said UNIT (more fully and particularly mentioned and described in the Tenant for the Term YIELDING AND PAYING therefor clear of all deductions yearly and proportionately for any part of a year the Rent and to be paid by four equal payments in advance the first of such payments (or a proportionate part thereofSIXTH SCHEDULE hereunder written) to be paid on the Rent Commencement Date and the subsequent payments to be made on the usual quarter days AND ALSO YIELDING AND PAYING by way of further or additional rent annually any sum or sums of money equal to SUBJECT TO the amount which the Landlord may expend in effecting and maintaining the insurance mentioned in paragraph 2 of Part IV Purchaser making payment of the Schedule (or if such insurance is effected under a policy which relates also to maintenance charges and other property such proportion of the total premium for such policy as the Landlord’s Surveyor shall determine PROVIDED THAT the Tenant shall not be liable for a proportion of any increased premium charges payable as a consequence of the particular use of part of the property so assessed (other than the Premises) by the Landlord or the owner or occupier of that part such determination (save as to any question of law) to be final and binding on the Tenant) (the ‘Insurance Rent’) such sum or sums to be paid within fourteen days of demand being made of the Tenant and so that in particular no deduction shall be made by the Tenant in respect of any agency or other commission whether paid or allowed THE SAID UNIT AND THE PROPERTIES APPURTENANT THERETO more particularly described in the FIFTH SCHEDULE hereunder written to the Landlord itself or otherwise but the full nominal amount of each sum or premium shall maintenance Company to be treated as expended formed by the Landlord for the said insurance Vendor and the Landlord shall be entitled to retain for its own benefit the said agency or other commission so paid or allowedDeveloper: II AND THE VENDOR AND THE DEVELOPER HEREBY COVENANT WITH THE PURCHASER as follows:-

Appears in 1 contract

Samples: 202.61.117.163

NOW THIS DEED WITNESSETH as follows. 2.1 I. In consideration of the rents premises and covenants in consideration of the sum of Rs. (Rupees ) only paid by the Purchaser to the Owners\Vendors towards the sale of the Said unit AND THE RIGHT AND PROPERTIES APPURTENANT THERETO the construction cost of the said Unit and the proportionate share in the common areas the receipt whereof the Owners\Vendors do hereby as also by the Receipt and Memo hereunder written admit and acknowledge and of and from the payment of the same forever release, discharge and acquit the Purchaser and the said Unit, the right and properties appurtenant thereto and the said Unit and the proportionate share in the common areas respectively the Owners\Vendors do and each of them doth hereby grant, sell, convey, transfer, assign and assure absolutely and forever by way of absolute sale, free from all encumbrances to you the Purchaser, named above the undivided impartible proportionate share out of the land along with ALL THAT residential Flat no. ( BHK) on the part (Floor) measuring including Carpet Area Sqft.. Balcony Area Sqft.. with right to use and enjoy the common portions with other owners and occupiers of the Tenant Building Complex named and known as “XXXXXX” and which are hereinafter collectively referred to as the said Unit as detailed in the Schedule-“D” below, for a sum of Rs. (Rupees ) only which the Owners\Vendors have received excluding GST, Registration Cost and/or any other taxes as fixed by the Govt. as on the day of registration. And agrees that from this day the Owners\Vendors have lost all its right, title and interest in respect of the flat in question along with its undivided impartible proportionate share in the land therein and makes you, the Purchaser, the owner thereof and duly delivers possession of the said flat to you this day. That the Owners\Vendors, hereby further agree that you the Purchaser can get your name recorded in the records of Puri Municipality. So far as Purchaser flat is concerned and shall enjoy the flat fully (for residential purpose only) That you the Purchaser shall become a member of the Association alongwith other Co-Flat Owners and shall contribute the Association charges as decided by the flat owners from time to time. That the Purchaser shall pay and discharge all taxes, rents, charges and other outgoing payable to Revenue, Municipality, Urban, CESU, P.H.D., Govt. and other authorities levied in respect of the unit as described in Schedule-D. That the Purchaser shall have every right of common and joint enjoyment of the common area and shall have no right to cause any hindrance obstruction or nuisance over the same. That the Purchaser or the Association shall have no right over the roof top of the entire building and the conditions hereinafter reserved and contained roof top shall not be included either in the Landlord with full purchase area or in the common areas of the apartment. Therefore, neither the Purchaser nor the Association can claim any right, title guarantee HEREBY DEMISES unto or interest in or possession over the Tenant roof top of the Premises said multi-storied building. The Owners\Vendors shall have every right to raise further constructions over the roof top subject to the matters set out or referred to in Part V approval of the Schedule EXCEPT AND RESERVED as specified in Part II appropriate authority. And whereas the percentage of the Schedule TO HOLD unto the Tenant for the Term YIELDING AND PAYING therefor clear of all deductions yearly and proportionately for any part of a year the Rent and to be paid by four equal payments in advance the first of such payments (or a proportionate part thereof) to be paid on the Rent Commencement Date and the subsequent payments to be made on the usual quarter days AND ALSO YIELDING AND PAYING by way of further or additional rent annually any sum or sums of money equal undivided interest accrued to the amount which purchaser in the Landlord may expend common area facilities as expressed in effecting and maintaining the insurance mentioned in paragraph 2 of Part IV of the Schedule (or if such insurance is effected under a policy which relates also to other property such proportion of the total premium for such policy as the Landlord’s Surveyor shall determine PROVIDED THAT the Tenant declaration shall not be liable for a proportion offered without the consent of any increased premium payable as a consequence all the apartment owners expressed in an amended declaration apartment act. The percentage of the particular use undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains, and shall be deemed to be conveyed or encumbered along with the apartment even though such interest is not expressly mentioned in this deed of part conveyance. That the Owners\Vendors, represent that the conveyed flat alongwith its undivided impartible proportionate interest has not been transferred or encumbered the same in any way before to any third party. That above all the Owners\Vendors, hereby absolutely transfers the flat in question along with the impartible undivided proportionate share in the land in favour of Purchaser and quite enjoyment by the purchaser of the property so assessed (other than the Premises) by the Landlord or the owner or occupier of that part such determination (save as to any question of law) to be final and binding on the Tenant) (the ‘Insurance Rent’) such sum or sums to be paid within fourteen days of demand being made of the Tenant and so that in particular no deduction shall be made by the Tenant in respect of any agency or other commission whether paid or allowed to the Landlord itself or otherwise but the full nominal amount of each sum or premium shall be treated as expended by the Landlord for the said insurance and the Landlord shall be entitled to retain for its own benefit the said agency or other commission so paid or allowedconveyed property.

Appears in 1 contract

Samples: Deed of Sale

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NOW THIS DEED WITNESSETH as follows. 2.1 (1) In consideration of the rents premises and various facilities and variety of concessions made available to the Sub-Lessee and the rent hereby reserved and of the covenants and agreements on the part of the Tenant and Sub-Lessee hereinafter contained, the conditions hereinafter reserved and contained Sub-Lessor doth hereby, demise to the Landlord with full title guarantee HEREBY DEMISES Sub-Lessee TO HOLD the said premises hereunder expressly demised unto the Tenant Sub-Lessee for a terms of five years computed from _ to therefore, the Premises subject to yearly Lease rent during the matters set out or referred to in Part V of the Schedule EXCEPT AND RESERVED as specified in Part II of the Schedule TO HOLD said term unto the Tenant sub- Lessor through Central Bank Of India, SEEPZ Branch as may be otherwise require by the Sub-Lessor, the said yearly Lease rent of Rs in advance being the rent by the Sub- Lessor without any deductions whatsoever. Effective Date of Possession (2) The Sub-Lessee with intent to bind all Persons into whatsoever by hands the demised Premises may come hereby covenant with Sub-Lessee, the Lessee and Lessor as follow: Covenants by Sub-Lessee a) During the said terms hereby created to pay unto the Lessee/Lessor the said rent and all other charges that be fixed from time to time by the Chairperson, SEEPZ SEZ at the time & on the days and in manner hereinbefore appointed for the Term YIELDING AND PAYING therefor payment thereof clear of all deductions yearly and proportionately for any part deductions. Further, during the said term, the Sub- Lessor may revise the Lease rent even during the currency of a year the Rent and to be paid by four equal payments in advance the first of such payments (or a proportionate part thereof) to be paid this indenture on the following grounds:- To Pay Rent Commencement Date and the subsequent payments to be made on the usual quarter days AND ALSO YIELDING AND PAYING by way of further or additional rent annually any sum or sums of money equal to the amount which the Landlord may expend in effecting and maintaining the insurance mentioned in paragraph 2 of Part IV of the Schedule (or if such insurance is effected under a policy which relates also to other property such proportion of the total premium for such policy as the Landlord’s Surveyor shall determine PROVIDED THAT the Tenant shall not be liable for a proportion of any increased premium payable as a consequence of the particular use of part of the property so assessed (other than the Premises) by the Landlord or the owner or occupier of that part such determination (save as to any question of law) to be final and binding on the Tenant) (the ‘Insurance Rent’) such sum or sums to be paid within fourteen days of demand being made of the Tenant and so that in particular no deduction shall be made by the Tenant in respect of any agency or other commission whether paid or allowed to the Landlord itself or otherwise but the full nominal amount of each sum or premium shall be treated as expended by the Landlord for the said insurance and the Landlord shall be entitled to retain for its own benefit the said agency or other commission so paid or allowed& Other Charges

Appears in 1 contract

Samples: seepz.gov.in

NOW THIS DEED WITNESSETH as follows. 2.1 In consideration The possession of said property will be given to the TENANTE by LAND LOARD and The tenancy shall commence w.e.f. 19/11/2021 and shall remain for a period of 11 Month i.e. upto 18/10/2022 the tenancy can be extended or renewed at the end of this tenancy period with the increase of rent @ 10% by mutual consent . That the TENANT SHALL pay to the LAND LORD for the above said Property the rent of Rs. 5000 /- (Five Thousand Only ) Par month in advance on or before 5th day of every English Calendar Month. That the Lessee also agrees to pay. Rs. 5000/- (Three Thousand Only) as interest Free security to the Tenant by Cash/ Cheque, Which is refundable after deducting the electricity, water or any charges if any , the time of handing over. The peace full vacant possession of the rents Property to the LAND LORD. That the TENANT shall use the property exclusively for the property exclusively for the Residential Purpose and covenants on shall not sublet the part property without the written permission of the Tenant and LAND LORD. That the conditions hereinafter reserved and contained the Landlord with full title guarantee HEREBY DEMISES unto the Tenant the Premises subject TENANT shall pay electricity charges according to consumption of electricity units as per Meter at prescribed rates of Dakshin Haryana Bijli Vitaran Nigan Ltd. Every month to the matters set out or referred to in Part V of the Schedule EXCEPT AND RESERVED as specified in Part II of the Schedule TO HOLD unto the Tenant for the Term YIELDING AND PAYING therefor clear of all deductions yearly and proportionately for any part of a year the Rent and to be paid by four equal payments in advance the first of such payments (or a proportionate part thereof) to be paid on the Rent Commencement Date and the subsequent payments to be made on the usual quarter days AND ALSO YIELDING AND PAYING by way of further or additional rent annually any sum or sums of money equal to the amount which the Landlord may expend in effecting and maintaining the insurance mentioned in paragraph 2 of Part IV of the Schedule (or if such insurance is effected under a policy which relates also to other property such proportion of the total premium for such policy as the Landlord’s Surveyor shall determine PROVIDED THAT concerned authority. That the Tenant shall not be liable pay for a proportion of any increased premium payable water, security, cleaning regulatory charges, Maintenance Charges as a consequence per the bills from the appropriate authorities. That the TENANT shall comply with all the rules and regulations of the particular use of part local authorities whatsoever in relation to the said property That the TENANT shall not carry out any structural additions or alterations to the building layout fittings and fixture without the prior written consent of the LAND LORD. That the TENANT at the time of occupation shall see that all the electric, sanitary fittings and fixtures are intact and or in perfect working order. The TENANT shall be restoring them in the same conditions except natural wear and tear and damages by act of nature. That the TENANT shall permit the LAND LORD or any of his/ her. Their authorized agent to enter upon the said property so assessed (other than for inspection and to carry the Premises) necessary repair at all reasonable times. That day today repairs such as fuses, leakage of water taps etc. have to be done by the Landlord or TENANT at his own costs. That at the owner or occupier expiry of that part such determination (save as to any question of law) to be final and binding on Rent period the Tenant) (TENANT shall handover the ‘Insurance Rent’) such sum or sums to be paid within fourteen days of demand being made physical vacant possession of the Tenant and so that in particular no deduction shall be made by the Tenant in respect of any agency or other commission whether paid or allowed said property to the Landlord itself LAND XXXX With all the fittings fixtures intact and in perfect working order except natural wear and tear. That in case the TENANT makes default in making the payments of rent or otherwise but commits any other breach of this deed the full nominal amount of each sum or premium shall be treated as expended by the Landlord for the said insurance and the Landlord LAND LOARD shall be entitled to retain for its own benefit get back the said agency or other commission so paid or allowedpossession of the property immediately thereafter according to law. That this Rent can be terminated by both parties by serving one month written notice. IN WITNES WHERE OF THE PARTIES ABOVE NAMED HAVE AFFIXED THEIR SIGNATURES ON THIS DEED OF AGREEMENT ON THE DATE MONTH AND YEAR WRITER IN THE PRESENCE OF THE WITNESS GIVEN BELOW. WITNESSES LAND LORD TENANT

Appears in 1 contract

Samples: Rent Agreement

NOW THIS DEED WITNESSETH as follows. 2.1 In consideration The Guarantor hereby absolutely irrevocably and unconditionally guarantees to the AUTHORITY the due and punctual performance by the PROVIDER of all the rents and covenants obligations on the part of the Tenant SERVICE PROVIDER under or pursuant to the Framework Agreement, including each and every Contract (as defined in the Framework Agreement) (“the Terms”) and (as a separate stipulation and as primary obligor) agrees that if the SERVICE PROVIDER shall in any respect commit any breach of or fail to fulfil any of the Terms, then the Guarantor will on demand perform and fulfil in place of the SERVICE PROVIDER each and every Term in respect of which the SERVICE PROVIDER has defaulted or which is unfulfilled by the SERVICE PROVIDER. The Guarantor shall be liable to and indemnify the AUTHORITY for all losses, damages, expenses, liabilities, claims, costs or proceedings which the AUTHORITY may suffer or incur by reason of the said failure or breach of the Terms, provided that the total amount recoverable from the Guarantor under the indemnity contained in this clause 2 will not exceed the amount the SERVICE PROVIDER would have been liable for under or pursuant to the Terms on the basis that such Term were binding on the SERVICE PROVIDER. The Guarantor shall be, and shall continue to be, liable under this Guarantee even if the Framework Agreement is or becomes for any reason not binding on, or unenforceable against, the SERVICE PROVIDER, for any reason whatsoever. No alterations in the Framework Agreement, or in the Services, and no extension of time, forbearance or forgiveness, nor any act, matter or thing whatsoever except an express release by the AUTHORITY, shall in any way release or reduce any liability of the Guarantor hereunder. References to the Framework Agreement in this Guarantee shall include all amendments, variations and additions to it, whether made before or after the date hereof. This guarantee shall remain in full force and effect until performance in full of the Terms, notwithstanding: the insolvency or liquidation of the SERVICE PROVIDER, the Guarantor or any other person; or any disclaimer of the Framework Agreement by a liquidator of the SERVICE PROVIDER; and/or any feature of the Framework Agreement, the negotiations prior to the SERVICE PROVIDER and the conditions hereinafter reserved AUTHORITY entering into the Framework Agreement, or the performance of the Framework Agreement, making it ineffective or unenforceable. Until the Terms have been unconditionally and contained irrevocably performed in full the Landlord with full title guarantee HEREBY DEMISES unto Guarantor shall not by virtue of any performance or payment made by it or otherwise: be subrogated to any rights, security or monies held or received or receivable by the Tenant AUTHORITY; or be entitled to exercise any right of contribution from any co-surety in respect of such performance and liabilities under any other guarantee, security or agreement; or exercise any right of set-off or counterclaim against the Premises subject SERVICE PROVIDER or any such co-surety; or receive, claim or have the benefit of any payment, distribution, security or indemnity from the SERVICE PROVIDER or any such co-surety; or unless so directed by the AUTHORITY (when the Guarantor will prove, and turn over any realisations to the matters set out or referred to AUTHORITY, in Part V accordance with such directions) claim as a creditor of the Schedule EXCEPT AND RESERVED as specified SERVICE PROVIDER or any such co-surety in Part II competition with the AUTHORITY. If any discharge, release or arrangement is made by the AUTHORITY in whole or in part on the basis of any payment, security or other disposition which is avoided or must be restored in insolvency, liquidation, administration or otherwise, without limitation, then the liability of the Schedule TO HOLD unto Guarantor under this Guarantee will continue or be reinstated as if the Tenant discharge, release or arrangement had not occurred. No delay or omission of the AUTHORITY in exercising any right, power or privilege hereunder shall impair such right, power or privilege or be construed as a waiver of such right, power or privilege nor shall any single or partial exercise of any such right, power or privilege preclude any further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies of the AUTHORITY herein provided are cumulative and not exclusive of any rights or remedies provided by law. A waiver given or consent granted by the AUTHORITY under this Guarantee will be effective only if given in writing and then only in the instance and for the Term YIELDING AND PAYING therefor clear of all deductions yearly and proportionately purpose for which it is given. If at any part of a year the Rent and to be paid by four equal payments in advance the first of such payments (time any one or a proportionate part thereof) to be paid on the Rent Commencement Date and the subsequent payments to be made on the usual quarter days AND ALSO YIELDING AND PAYING by way of further or additional rent annually any sum or sums of money equal to the amount which the Landlord may expend in effecting and maintaining the insurance mentioned in paragraph 2 of Part IV more of the Schedule (provisions of this Guarantee is or if such insurance is effected becomes invalid, illegal or unenforceable in any respect under a policy which relates also to other property such proportion any law, the validity, legality and enforceability of the total premium for such policy as the Landlord’s Surveyor shall determine PROVIDED THAT the Tenant remaining provisions hereof shall not be liable for in any way affected or impaired thereby. As a proportion of separate and alternative stipulation the Guarantor unconditionally and irrevocably agrees that any increased premium payable as a consequence of the particular use of part of the property so assessed (other than the Premises) by the Landlord or the owner or occupier of that part such determination (save as to any question of law) sum expressed to be final payable by it or obligation to be performed by it under this Guarantee but which is for any reason (whether or not now existing and binding whether or not now known or becoming known to the Guarantor) not recoverable from or enforceable against the Guarantor on the Tenant) basis of a guarantee shall nevertheless be recoverable from or enforceable against the Guarantor as if the Guarantor were the sole principal debtor or obligor (the ‘Insurance Rent’) such sum where relevant). Any notice, demand or sums other communication to be paid within fourteen days of demand being made of the Tenant and so that in particular no deduction shall served under this Guarantee may be made served upon either party hereto only by the Tenant in respect of any agency or other commission whether paid or allowed posting by first class post to the Landlord itself or otherwise but the full nominal amount of each sum or premium shall be treated as expended by the Landlord for the said insurance and the Landlord shall be entitled to retain for served at its own benefit the said agency or other commission so paid or allowedaddress shown below:

Appears in 1 contract

Samples: Framework Agreement

NOW THIS DEED WITNESSETH as follows. 2.1 In consideration The LESSOR grants unto the LESSEE complete and uninterrupted enjoyment of the rents and covenants on the part Premises for residential purposes of ____________________________ –____________________ representative of the Tenant and LESSEE at the conditions rent hereinafter reserved and contained on the Landlord with full title guarantee HEREBY DEMISES unto terms and conditions hereinafter contained. The duration of the Tenant lease, and occupancy and use of the Premises by the LESSEE will be for an initial period of 11 (eleven) months, commencing from ___________ upto __________________, with an option to the LESSEE to renew the lease for a further period of 11 (eleven) months only on mutually acceptable terms & conditions; on escalation of the rent paid as mentioned in clause 3 herein below. The LESSEE shall pay the Lessor from ________________ (hereinafter “Effective Date”) subject to the matters set out or referred to in Part V Lessor handing over possession of the Schedule EXCEPT AND RESERVED as specified in Part II Premises to the LESSEE, a monthly rent of ___________ (Rupees _________________ Only) inclusive of maintenance per month (hereinafter “Rent”) for the first term of 11 (eleven) months of the Schedule TO HOLD unto lease. The Rent shall be payable before the Tenant 10th (tenth) day of the calendar month following the month to which it relates, subject to tax deduction at source as statutorily applicable. In the event of the LESSEE renewing the lease for a further term, the Rent payable on such renewal shall be subject to an escalation of 5% on the previous terms’ Rent. The LESSEE shall pay a Sum of Rs._____________(Rupees _________________ Only) by Demand Draft to the LESSOR with in _______days from the date of signing this Lease on which date the LESSOR shall acknowledge receipt for the Term YIELDING AND PAYING therefor clear same. The security deposit will be refunded in full by the LESSOR to the Lessee, without any interest thereon, on the expiry of all deductions yearly or earlier termination of the lease created by this Deed. The Rent is inclusive of monthly maintenance charges and proportionately is exclusive of any payment towards telephones, electricity, cable TV and water charges, which shall be borne by the LESSEE, during the period that the LESSEE is in occupation of the Premises. Any arrears in this regard, prior to occupation of the said Premises by XXXXXX, will be borne by the Lessor. The LESSEE shall pay the electricity charges to _____________as consumed by him, which is recorded in the electricity meter no. ___________________ & telephone charges to ___________ for the telephone installed by the LESSOR as per clause 13(a) & shall then send the receipts to the LESSOR by post. The LESSEE shall keep the premises together with the fixture and fittings [as listed in attached Annexure] therein in good order and shall not cause or suffer any part of a year damage to the same subject to normal wear and tear and casualty damage. The LESSOR covenants with the LESSEE that, on the LESSEE duly paying the Rent and to be paid by four equal payments in advance reserved, the first of such payments (or a proportionate part thereof) to be paid on the Rent Commencement Date and the subsequent payments to be made on the usual quarter days AND ALSO YIELDING AND PAYING by way of further or additional rent annually any sum or sums of money equal to the amount which the Landlord may expend in effecting and maintaining the insurance mentioned in paragraph 2 of Part IV of the Schedule (or if such insurance is effected under a policy which relates also to other property such proportion of the total premium for such policy as the Landlord’s Surveyor shall determine PROVIDED THAT the Tenant shall not be liable for a proportion of any increased premium payable as a consequence of the particular use of part of the property so assessed (other than the Premises) by the Landlord or the owner or occupier of that part such determination (save as to any question of law) to be final and binding on the Tenant) (the ‘Insurance Rent’) such sum or sums to be paid within fourteen days of demand being made of the Tenant and so that in particular no deduction shall be made by the Tenant in respect of any agency or other commission whether paid or allowed to the Landlord itself or otherwise but the full nominal amount of each sum or premium shall be treated as expended by the Landlord for the said insurance and the Landlord LESSEE shall be entitled to retain complete, uninterrupted and peaceful occupation and enjoyment of the Premises during the subsistence of this lease. The LESSEE shall not sublet, transfer or assign its lease – hold rights, keep any paying guest/s or part with possession of the schedule premises or any portion thereof in favour of any third person/s, on any terms or conditions. The LESSEE shall use the schedule premises for residential purpose only. It shall not indulge in any activities prohibited under the law at the schedule premises nor shall it use the same for storage or warehouse purpose especially for storage of hazardous or chemical substances, if any, except storage of materials as may be required for household purposes of the occupants. The LESSEE shall keep and maintain the schedule premises in good and tenantable condition, without causing any damage, structural alterations or put up/ install any additions, permanent structures, etc. in the schedule premises except with the prior written consent of the LESSOR, which consent shall not be unreasonably refused or withheld. The LESSOR has paid and shall continue to pay all present and future taxes, municipal and local levies, rates, cess, and any other dues (“Taxes”) levied by the Government of ___________________________, the Central Government, ________________________ Apartment Owners Association and/or any other statutory authorities, in respect of the Schedule Premises, including ground rent and property tax, and shall not let them remain in arrears. The LESSOR shall also be liable to pay any increase in Taxes. The LESSOR shall : Prior to the Effective Date have installed 1 (one) [D.O.T.] __________ telephone line at the Premises. At their own cost carry out structural and/or major repairs including leakage of roof, electricity wiring or bursting of water pipes or defective sewerage system or other such major defects in the Schedule Premises upon the LESSEE’s request in writing and further the LESSOR shall obtain the previous sanction of civil and municipal authorities as and when required under municipal and/or civic laws and regulations; it being hereinafter clarified that in the event any repairs requested by the LESSEE are not carried out by the LESSOR within a reasonable period, the LESSEE shall be entitled to get the repair work executed on their own and recover the expenses incurred by them in respect thereof, including by way of deduction of such expenses from the Rent. At all times during the Term, by responsible to keep the sewers, drains, water pipes, electric cables, wires and supply lines, in relation to the Premises, in order. Ensure that the Premises has a sanctioned electricity and power load. Acknowledge and issue receipts for each and every payment made by the LESSEE to the LESSOR and such receipts shall be stamped and signed by the LESSOR, or their representative that shall be conclusive proof of such payments. The LESSOR or XXXXXX’s authorized representatives shall be entitled during the Term to enter the Schedule Premises during a reasonable time upon giving not less than 48 (forty eight) hours prior notice of its intention to the LESSEE, for the purpose of inspecting the condition of the Premises. Upon the occurrence of any of the following events including fire, accident, riots, flood, earthquake, storm, terrorist activities, war, act of God, any governmental or municipal action, prohibition or restriction which in any way adversely affects the right of the LESSEE to enjoy or use the Schedule Premises (hereinafter “Force Majeure”), the payment of Rent from the LESSEE to the LESSOR in accordance with this Lease Deed shall stand suspended during the subsistence of such Force Majeure. The Term shall automatically stand extended during the operation/occurrence or continuance of the Force Majeure. The LESSEE as the party affected by the Force Majeure, may notify the LESSOR in writing, upon which the Force Majeure suspension would be deemed to have commenced. If such Force Majeure continues to operate exceeding 15 (fifteen) days, the lease may be continued or terminated at the option of the LESSEE in terms of this Lease Deed. The lease created by this Lease Deed is valid for a period of 11 (eleven) months and the LESSEE shall vacate and hand over the vacant physical possession of the Schedule Premises to the LESSOR and/or LESSOR’s nominee, simultaneously with the refund of the Security Deposit and other outstanding sums by the LESSOR to the LESSEE, unless on or before 1 (one) month prior to the expiry of the Term, both the Parties have agreed to extend the lease for a further period of 11 (eleven) months and entered into a fresh Lease Deed for a further period of 11 (eleven) months with an escalation of 5% on the previous monthly rent (__________________ per month for the next 11 months). The following handing over provision will apply when the Schedule Premises are handed over by the LESSEE to the LESSOR : The LESSEE shall have the duty to deliver the vacant physical possession of the Schedule Premises at the end of the Term of this Lease Deed or any applicable renewal period in substantially the same condition as when the LESSEE first occupied the Schedule Premises. Notwithstanding the above, the LESSEE is not responsible for reasonable wear and tear, and shall undertake repairs & replacement of damaged fixture, fittings, if any and cause periodical white wash, color paint to the Schedule premises at his own benefit cost & deliver it along with such leasehold improvement work and subsequent additions and improvements made hereunder. Subject to other provisions of this lease, the Security Deposit will be refunded in full by the LESSOR to the LESSEE, without any interest thereon, on LESSEE handing over the vacant physical possession of Schedule Premises to the LESSOR after deduction of any sum for any rent arrears & cost of damages to the Premises leased. Inspite of what has been stated earlier in this Lease Deed if the LESSOR do not pay any outstanding amount upon the expiry or the earlier termination of this Lease Deed, then and in that event, without prejudice to the LESSEE’s right to recover the said agency or other commission so paid or allowedamount, the LESSEE shall be entitled to receive the outstanding amount along with the existing rate of Bank interest, from the date the amount becomes due till date of realization.

Appears in 1 contract

Samples: Residential Lease Deed

NOW THIS DEED WITNESSETH as follows. 2.1 1. In consideration of the rents premises and of various facilities and a variety of concessions made available to the Lessee and the rent hereby reserved and of the covenants and agreements on the part of the Tenant Lessee hereinafter contained, the Lessor both hereby demise all the piece of land known as Plot No. A/35 in MEPZ forming part of survey Nos. 164/I withi the village limits of Kadapperi of Taluk Saidapet, District Chengalpattu contained by admeasurement 1956.25 square meters or thereabouts and hereinafter referred to the conditions hereinafter reserved said premises, and contained more particularly described in the Landlord second schedule hereunder written TOGETHER with full title guarantee HEREBY DEMISES the building and structures now or at any time standing and beting thereon Excepting and Reserving unto the Tenant Lessor all mines and minerals in and under the Premises said land or any part thereof. To HOLD the said premises hereunder expressly demised unto the Lessee for the term of 15 years computed from the date of allotment, 1 April 1995 upto 31 March 2010, paying therefore, the Quarterly Rental during the said term unto the Lessor through demand drafts of Nationalised Bank or as may be otherwise required by the lessor the said Quarterly Rent of Rs. 15,650/- (effective from 1-1-96, the prerevised quarterly rent upto 31.12.95 being Rs.8803/-) in advance being the rent by the Lessor without any deductions whatsoever. The lease rent shall be revisable next with effect from 1-1-98 and every three years thereafter, subject to the matters set out or referred to in Part V a maximum of 25% of the Schedule EXCEPT AND RESERVED as specified in Part II of the Schedule TO HOLD unto the Tenant for the Term YIELDING AND PAYING therefor clear of all deductions yearly and proportionately for any part of a year the Rent and to be paid by four equal payments in advance the first of such payments (or a proportionate part thereof) to be paid on the Rent Commencement Date and the subsequent payments to be made on the usual quarter days AND ALSO YIELDING AND PAYING by way of further or additional last lease rent annually any sum or sums of money equal to the amount which the Landlord may expend in effecting and maintaining the insurance mentioned in paragraph 2 of Part IV of the Schedule (or if such insurance is effected under a policy which relates also to other property such proportion of the total premium for such policy as the Landlord’s Surveyor shall determine PROVIDED THAT the Tenant shall not be liable for a proportion of any increased premium payable as a consequence of the particular use of part of the property so assessed (other than the Premises) by the Landlord or the owner or occupier of that part such determination (save as to any question of law) to be final and binding on the Tenant) (the ‘Insurance Rent’) such sum or sums to be paid within fourteen days of demand being made of the Tenant and so that in particular no deduction shall be made by the Tenant in respect of any agency or other commission whether paid or allowed the demised premises. 2. The lease with intent to bind all persons into whatsoever hands the Landlord itself or otherwise but demised premises may come doth hereby covenant with the full nominal amount of each sum or premium shall be treated lessor as expended by the Landlord for the said insurance and the Landlord shall be entitled to retain for its own benefit the said agency or other commission so paid or allowedfollows:

Appears in 1 contract

Samples: Lease Agreement (Complete Business Solutions Inc)

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