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BY AND BETWWEN
ATC Telecom Infrastructure Private Limited (formerly known as ATC India Tower
Corporation Ltd), a company incorporated under the companies Act, 1956 having its
Registered Office at office at 404, 4th Floor, Skyline Icon, Near Mittal Industrial Estate, Andheri
Kurla Road, Andheri East, Mumbai 400 059, hereinafter referred to as the “Licensee” (which
expression shall unless be repugnant to the context or meaning thereof be deemed to mean and
include its successor/s and permitted assigns), of the OTHERS PART.
The Licensor and the Licensee are hereinafter individually refereed as “Party” and collectively
referred to as” the Parties”
WHEREAS:
1. Licensor and Licensee have already entered into a Leave and License Agreement
dated 14th December 2015 duly registered with the Sub-Registrar of assurance under
serial number BDR1-228-2016 dated 07.01.2016; (hereinafter referred to as “Principal
Agreement”) in respect of office bearing No.404, on 4 th Floor, admeasuring space
admeasuring 11655 square feet of built up area (7770 square feet of carpet area) in the
Building known as Skyline lcon, Near Mittal Industrial Estate together with 15
(Fifteen) Car Parking (Out of 15 Car parking space, 12 Car Parking space is free of
cost and 03 Car park on chargeable basis) are in the basement situate on plot of land
bearing CTS No.1628A, 1628B and 1628C of Village Marol, Taluka Andheri, for the
tenure of 5 (Five Years) from 1st October, 2015 to 30th September, 2020 on the terms
and conditions mentioned in the said Principal Agreement.
2. Licensee has informed Licensor that by virtue of Amalgamation order the earlier
Licensee namely ATC India Tower Corporation Ltd with the effect from 19th
February, 2018, has merge into ATC Telecom Infrastructure Private Limited and the
ATC Telecom Infrastructure Private Limited as successor, become the Licensee in place
of the ATC India Tower Corporation Ltd under the Leave and License Agreement
dated 14th December, 2015, therefore their name i.e. ATC India Tower Corporation
Ltd, with whom the Principal Agreement was executed, has been change to ATC
Telecom Infrastructure Private Limited w.e.f from 19th February, 2018, hence Licensee
has requested the Licensor to make the necessary changes, by way of present agreement.
Thus both the parties mutually desire and agree to make amendment to give this effect to the
principal Agreement for which purpose this being executed (hereinafter referred to as
“Addendum”) subject to team and conditions contained hereinafter.
2. Notwithstanding anything to the contrary contained in the any earlier writing it is hereby
agreed by and between the Parties hereto that;
a) The ATC Telecom Infrastructure Private Limited, shall as successor, become the
Licensee in place of ATC India Tower Corporation Ltd.
b) The ATC Telecom Infrastructure Private Limited confirm, agreed and undertake
that Agreement dated 14th December 2015 is binding between the Parties;
d) Upon the expiry of Said Leave and Licence Agreement or prior termination, the
Licensor shall as per the terms and condition of said Agreement refund the
interest free refundable deposit of Rs.40,90,906/- (Rupees Forty Lacs Ninety
Thousand Nine Hundred and Six Only) to ATC Telecom Infrastructure Private
Limited.
3. The Parties hereto will sign and execute such further documents if necessary or required
to more effectually implementing the Understanding as recorded herein.
4. This Addendum Agreement is to be treated as part and parcel of the Principal Agreement
and all the terms and conditions of the Principal Agreement shall remain unaltered.
5. This Addendum Agreement shall remain in force till the subsistence of Principal
Agreement and shall be determined along with the Principal Agreement.
6. All costs, charges and expenses including stamp duty if any payable on these presents
shall be borne and paid by the Licensee only.
IN WITNESS WHEREOF, the Parties hereto have hereunto set and subscribed their
respective hands the day and year first hereinabove written.
in the presence of
1.
2.
SIGNED AND DELIVERED BY )
the within named “Licensee” )
ATC Telecom Infrastructure Private Limited )
ANNEXURE “C”