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LEASE DEED AGREEMENT

This LEASE DEED is entered into on this the ………day of November 2016
at Dehra Dun.
BETWEEN

……………………………………………… (PAN………………………..) hereinafter


referred to as the LESSOR (which term shall unless it be repugnant to the
context or meaning thereof mean and include all their heirs, executors,
administrators, legal representatives, nominees and assigns) on the One
Part;

AND

…………………………………………… (PAN………………………) hereinafter


referred to as the Lessee (which term shall unless it be repugnant to the
context or meaning thereof mean and include their successors in interest
and assigns) of the Other Part.

WHEREAS the Lessor is owner and in possession of all that property


no………situated.,………………………Dehradun, total admeasuring ……sq
feet ………….. approximately, morefully described in the schedule of the
property at the foot of this deed and herein after referred to as the said
property.

AND WHEREAS the Lessor has further assured and undertaken that he is
seized and possessed of and is otherwise well and sufficiently entitled to
lease all of the property. With all liberties, easement, right, advantages,
entrances, passages, right, advantages, entrances, passages, right to ingress
and aggress including entrances, passages and all common facilities.
AND WHEREAS the Lessor has assured the Lessee that the Lessor id the
owner and having absolute power of the demised and the premises is free
from Court notice, litigation, injunction etc. of whatsoever nature and the
lessor is fully empowered and authorized to let the demised premises to the
Lessee.

AND WHEREAS the Lessor has also represented that there are no
outstanding payments of taxes including municipal taxes and property taxes
or transfer/mutation charges pending on respect of the demised premises
and that all electricity and whatsoever dues have been paid to date to the
concerned authorities.

Under the aforesaid representations of the Lessor, the Lessee has


approached the Lessor to lease the Demised Premises for running Hotel,
Bar, Restaurant and Coffee Shop only.

AND WHEREAS, the Lessor has agreed to lease the Demised Premises and
the Lessee, under the aforesaid assurances and representations of the
Lessor, has agreed to take on lease the Demised Premises for a period of 21
(Twenty One) years under the terms and conditions of this Lease.

NOW THIS LEASE DEED WITNESSETH AS UNDER:

1. That the initial term of this Lease shall be for a period of 21 (Twenty
One) years w.e.f. 1st December 2016 (herein after referred to as the
Lease Period) The Lessee shall pay monthly rent @ Rs.7,25,000/-
(rupees Seven lacs twenty Five Thousand) per month of the Demised
Premises to Lessor (herein referred to as the “Rent”) for the first three
years` The lessee shall pay the said Rent by 7 th of each Calendar
month in advance to the Lessor. That the parties have further agreed
that there shall be increase @ 12% in the last paid monthly rent after
expiry of every 3rd year. During the said tenure of twenty one years the
lessee shall pay the monthly Rent as follows:-
a. From 01.12.2016 till 30.11.2019 @ Rs. 7,25,000/- per month.
b. From 01.12.2019 till 30.11.2022 @ Rs. ……………. per month.
c. From 01.12.2022 till 30.11.2025 @ Rs. ……………. per month
d. From 01.12.2025 till 30.11.2028 @ Rs. ……………. per month
e. From 01.12.2028 till 30.11.2031 @ Rs. ……………. per month
f. From 01.12.2031 till 30.11.2034 @ Rs. ……………. per month
g. From 01.12.2034 till 30.11.2037 @ Rs. ……………. per month

THE Lessee shall pay service tax alongwith the rent to the Lessor
per month and the Lessor shall deposit the Service Tax, so paid by
the Lessee, to the concerned department.

The Lessee shall deduct Income Tax at sources on the Rent paid to
the Lessor as per applicable provisions of the Income Tax Act.
Beside House Tax all the taxes payable on the demised premises to
the State Government/Central Government/Local Authorities or
any other government agencies shall be paid by the lessee to the
concerned department/body well within time limit. The Lessor
shall pay House Tax.

2. The Lessee has already paid an amount of Rs. 35,00,000/- (Rs. Thirty
Five Lacs only) to the Lessor towards interest free refundable security
deposit which the Lessor hereby acknowledges and re-iterates to have
received the same, This interest free refundable security deposit shall
be refunded by the Lessor to the Lessee without any deduction
immediately at the time of vacation of the Demised Premises by the
Lessee, subject to clearance of all the dues of any account of
whatsoever nature by the lessee to the Lessor.

3. The Lock in period of this Lease shall be of 5 years. The Lessee shall
not have right to vacate the premises within the duration of said Lock
in period. If the Lessee shall vacate the said premises within the said
Lock in Period, the Lessor shall have right to forfeit the said Security
amount beside the Lessee shall also be bound to pay the entire
amount towards rent and taxes etc. to the Lessor for the said
remaining lock in period.

4. That the Lessor has delivered the actual physical vacant possession of
the demised premises to the Lessee at the spot. The rent shall be
payable by the Lessee to the lessor from 01.12.2016.

5. That the Lessee shall use the demised premises for the business of
Hotel, Bar, Restaurant and Coffee Shop only, subject to fulfilling all
the legal obligations for commencement of the said business as per
law. The Lessee himself shall only carry out the said business in the
demised premises. Without written permission of the Lessor the
Lessee shall not be entitled to use the demised premises for any other
business or purposes and also shall not entitle to permit any other
person/agency/company etc. to occupy the demised portion or any
part thereof under any arrangement or what so ever nature.

6. That the demised premises is fully furnished with facilities like fixture,
furniture, electric equipment, interior and installed lift etc., of which
the list is enclosed herewith. The Lessee has accepted the possession
of the said demised premises with all the aforesaid articles. The Lessee
shall be bound to maintain the same in good and workable condition
during the said Lease period at its own cost and expenses. At the time
of vacating the lease premises the Lessee shall be bound to deliver
possession of the aforesaid articles to the Lessor.

7. That in front portion of the building there is a SPA under the name
and style of REVIVE SALOON, which is not subject to the present
lease and the same shall be under the control and possession of the
Lessor. Apart from the same the Lessor shall also retain 2 small
cabins for office use one on the basement and the other on the Second
Floor of the building. Entrance of the demised premises, SPA and the
said cabins is common and all the customers, staff, management,
guest etc. of the Lessee and Revive Saloon shall be entitled to use the
common facilities alongwith staircase lift etc., without any hindrance
by the other party. However maintainace of the entire common
facilities shall be the responsibility of the Lessee only at its own cost.

8. That in the building of the demised premises is part thereof the Lessor
has its own electric connection. The Lessor shall install sub meter in
the SPA known as REVIVE SALOON and REVIVE SALOON shall be
liable to pay electricity charges as per sub meter reading every month
as per rate applicable at that time through cheque or RTGS to the
Lessee and the Lessee shall be bound to make payment thereof
regularly without any default to the concerned department. The
Lessee shall provide electricity Bill alongwith payment receipt or
photocopies thereof to the Lessor regularly. The Lessee shall also pay
water charges.

9. That the Lessor has Bar license under the name and style of
“………………..” from the local administration. The lessee shall get the
said license transfer in his name for the period of period under lease
for which the Lessor shall cooperate with the Lessee. However it is
made clear that till the transfer of license is done the lessee shall
make use of the same with prior permission of the Lessor on the
arrangement then agreed in accordance to law.

10. That all the expenses incurred in transfer of said Bar License in its
favor shall be borne by the lessee and further the annual charges in
respect of renewal of the Bar License shall also be paid by the lessee,
copy of receipt of which shall also be provided by the lessee to the
Lessor. It has also been agreed by the parties that at the time of
determination of lease, the lessee shall surrender the Bar License
back in the favor of the Lessor at its own cost and expenses and in
case the lessee fails to do the needful the Lessor has shall have right
to adjust the said amount against security deposit.
11. The Lessee shall keep the Demised Premises insured against all risks
and hazards and shall keep such insurances current/updated and
valid for the entire period of Lease.

12. The Lessee shall be responsible and liable to have its equipment,
fixtures and other infrastructure facilities installed by the Lessee in
the Demised Premises, fully insured covering all risks and shall keep
such insurances current/updated and valid throughout the term of
Lease.

13. That if during the period of lease, the Lessor transfers its ownership in
the demised premises or any part thereof, to any person the present
lease deed shall not be affected from the said transfer and the
proposed transferee shall be bound to obey all the terms and
conditions of this Lease Deed.

14. The Lessee shall use the Demised Premises for the business as
mentioned above and shall not carry out any obnoxious activity in the
Demised Premises, nor shall do anything therein which may be or
may become any annoyance or offensive to the
neighborhood/society/Lessor.

15. The Lessee shall not store in the Demised Premises any goods of
hazardous or combustible nature and/or which are so heavy as to
effect adversely the construction or to the structure of the Demised
Premises or do or suffer anything to be done in or around the Demised
Premises, which tend to cause damage to the Demised Premises.

16. The Lessee is entitled to put up its signage or its standard graphics
in/on the Demised Premises in the nature of glow signs, billboards
etc. as may be desired by the Lessee at its sole discretion. The cost
and regulatory approval, if any, will be borne and obtained
respectively by the Lessee and the signage has to be in accordance
with applicable law. Lessee shall have right to remove the same in
case of prior determination of Lease at its own cost without causing
any damage to the demised premises.

17. That in case of default of payment of two months rent the Lessor shall
have right to terminate the Lease and re-enter in the demised
premises.

18. That only in case of violation of any term of this lease by the Lessee
the Lessor shall have right to terminate the Lease after serving 30
days notice and shall be free to initiate legal action. However the
Lessee shall have right to terminate the lease after expiry of lock in
period by giving 3 months prior notice subject to condition of
forfeiture of security amount by the Lessor.

19. That only the Courts in Dehradun shall have jurisdiction to adjudicate
the dispute arose if any between the parties in respect of the present
lease deed.

20. Any notice, demand or other communication to be served with regard


to this Lease may be served upon any Party hereto only by
registered/speed post acknowledgement due or delivering the same by
courier or sending the same by email, facsimile transmission to the
Party to be served at its address below, or facsimile number given
below or at such other address or number as it may from time to time
notify in writing to the other Party hereto.

Lessor’s detail for serving Notice/Communication: …………………….

Lessee’s detail for serving Notice/Communication: ………………………

21. Cost of non-judicial stamp papers and expenses in respect of


execution and registration of this Lease has been borne by the Lessor
and Lessee in equal ratio.
22. The terms and condition of this Lease shall not be changed or
modified except by written amendments duly agreed between the
Parties.

23. Any provision of this Lease which is prohibited, unenforceable or is


declared or found to be illegal, unenforceable or void in any
jurisdiction shall, as to such jurisdiction, be ineffective only to the
extent of such prohibition or unenforceability without invalidating the
remainder of such provision or the remaining provisions of this Lease
or affecting the validity or enforceability of such provision in any other
jurisdiction. If any such invalidity substantially affects or alters the
commercial basis of this Lease, the Parties shall negotiate in good
faith to amend and modify the provisions and terms of this as may be
necessary or desirable in the circumstances to achieve, as closely as
possible, the same economic or commercial effect as the original
provisions and terms of this Lease.

24. The LESSOR herein permit the Lessee to change the interiors of the
Lease Premises, as it may deem fit, without damaging the structure.
The Lessee shall not make any structural alterations into or upon the
scheduled premises or make any alteration or addition to the external
appearance or any part of the premises without the previous Written
consent of the LESSOR in writing.

25. That the entire building known as HW RESIDENCY. The Lease


Premises is part of the said building. The Lessee shall have no right to
change the name of the same or use any other name of its choice in
place of HW RESIDENCY.

26. The Lessee shall keep the Schedule Premises fittings in good
conditions and order and shall not cause or suffer any damage
thereto, normal wear and tear excepting. Any payment in this regard
will be borne by the lessee only.
27. The Lessee shall carryout the internal repair works of maintenance,
paintings, color washing, electrical and sanitary repairs to the Lease
Premises, at its own cost whenever necessary.

28. The LESSOR or the authorized agents shall be entitled to enter the
Lease Premises (apart from those premises shall are not part of the
present lease) on business days during the Lessee’s working hours
after giving an advance notice in writing of 24 hrs, to inspect the
Lease Premises to satisfy himself that the Lease Premises is being
used in accordance with the terms of the Lease or for carrying out
works of repairs/maintenance relating to any portion of which the
Lease Premises forms a part.

29. The Lessee shall deliver back vacant possession of the demised
Premises to the LESSOR, without removing or damaging any article in
the demised premises and also in good condition subject to the
changes by normal wear and tear, subject to refund of security
deposit.

30. Each Party to this Lease represents that it possesses full power and
authority to enter into this Lease and to perform its obligations
hereunder and that the authorized representative of each Party is fully
authorized to sign this Lease.

31. Any addition, alteration, subtraction, modification, correction, change


etc. in terms and conditions of this Lease shall be made only by way of
written mutual consent of the Parties herein.

32. That for the purpose of stamp duty it is hereby clear , that the annual
average rent for a period of 21 years is Rs................../-hence the six
times of which comes to Rs..................../- on which proper stamp
duly of Rs. ………………………. + Rs. 100/- for refundable security is
being paid by this deed.
SCHEDULE OF DEMISED PROPERTY

All that Building ………………………………………………….

IN WITNESS WHEREOF the Parties hereto have executed this Lease on


the day, month and year first above written, in the presence of:
LESSOR LESSEE

(………………………………………) (………………………………………………

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