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AGREEMENT FOR LEAVE AND LICENCE

The agreement of Leave and License made by this 8th day of Dec, 2010, between Smt. Manjula Mitra, widow of Late Shri Dipendra Nath Mitra, residing at 2, Canal Street, Kolkata 700014 by occupation business herein after called LICENSOR of the one part and M/s CURE-O-LAB, Proprietor Ashok Datta, son of late Kishore Kr. Datta residing at 8A/1, N.C/ CHOWDHURY ROAD, KOLKATA 700042, hereinafter called LICENSEE of the other part to for using below schedule room / space for use.

A.

WHEREAS the LICENSOR is the owner of portions of the Premises 3, Canal Street, Kolkata 700 014, P.S. Entally, P.O. Entally.

B.

AND

WHEREAS

the

LICENSEE

approached

the

LICENSOR to allow him to use an office space and or room more fully referred to and described in the Schedule written herein below, on leave and license basis (11months) temporarily for the license period described herein below and the LICENSOR has agreed to allow the LICENSEE to use the said portion more fully referred to and described in the Schedule written herein below, referred to herein as the licensed room/space and/ or license portion in accordance with the terms and conditions mentioned herein below, which have been agreed upon between them mutually. NOW THIS AGREEMENT WITHESSETH AND IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS :1.

The LICENSEE shall pay a sum of Rs. 5,000/- (Rupees five thousand only) on a bi-monthly basis payable by the tenth day of each alternate month.

2.
3.

The LICENSOR shall not increase the license fee during the license period (defined herein below). That this leave and license would commence from July 15th, 2011 for a period of eleven months i.e. June 14 th, 2012.

4.

Either Party may terminate this agreement by issuing one (1) month prior notice in writing. LICENSEE shall not use the license portion/room for any dangerous, noxious, noisy or offensive trade, business, manufacture or occupation or for any illegal and / or immortal act or purpose.

5.

6.

The LICENSEE shall not keep any inflammable or combustible goods or article in the license-portion / room and shall not cause any damage of the portion of the same. If any portion / room is damaged and the LICENSEE is responsible for the same due to acts of commission and/or omission directly or indirectly, the LICENSEE shall be liable to make good the damage and restore the portion and/or room in the original condition at his own cost and expense.

7.

The LICENSEE may furnish decorate install further electrical devices as required for the commercial use of the said office space / room mentioned hereinabove at his own cost and / or expense only after obtaining prior written permission of the LICENSOR and such electrical device or devices as may be installed by the licensee shall in no case consume power or create load beyond the sanctioned load of the existing electrical installation catering to the licensed portion. Any such equipment and / or furniture installed will be the personal property of the LICENSEE and may be removed by him after the period of 11 months stated above, or sooner termination, cancellation and / or revocation of the license agreement.

8.

The LICENSOR shall have the right to enter into the said office space/room/licensed portion licensed to the LICENSEE for the purpose of inspection at any time at her own will without prior intimation to the LICENSEE.

9.

The

LICENSEE

shall

use

the

said

licensed

room/space/licensed portion in accordance with the terms and conditions stipulated in this agreement, solely for the purpose of conducting business. Under no circumstances is the LICENSEE permitted to and / or authorized to transfer or part with possession to any other person except the LICENSOR and / or her duly authorized representative. The license is given on a personal basis and the LICENSEE shall not be entitled to and shall not transfer the benefits of this agreement to or attempt to create any benefit and/or right in favour anyone else or change the nature and / or constitution of his business.
10.

The LICENSOR shall not be responsible for any sort of painting and / or repair to be carried out in this licensed portion, for which the license is granted, resulting from normal wear and tear. In case the repair and / or painting has to be carried out due to acts of commission and / or commission on the part of the LICENSEE, the repairs and / or painting will be carried out by the LICENSOR but the cost of carrying out the same will be recovered from the LICENSEE in accordance with the prevailing market rate.

11.

The LICENSEE undertakes not to cause any damage to the ceiling, walls or floors of the licensed portion or change the nature of the licensed portion under any circumstances whatsoever.

12.

The LICENSEE shall not carry out any structural repairs, additions and / or alteration and shall not cause any nuisance to the neighbors.

13.

The LICENSEE shall draw electricity from the electricity meter of the LICENSOR subject to Clause 7 above. In case of default in paying the license fee and / or compensation, in the manner as agreed upon in this agreement on a bi-monthly basis and/or on the breach of any of the terms or conditions hereof, the license hereby granted shall automatically stand cancelled, terminated and / or revoked and the LICENSEE shall hand over peaceful vacant possession of the licensed portion to the LICENSSOR within a period of 5 working days of termination, cancellation and / or revocation of the said license by the LICENSOR to the LICENSEE, in the form and / or state in which it was licensed out along with all furniture and fixtures provided to the LICENSEE for his use by the LICENSOR.

14.

15.

In case the licensed portion is not vacated and peaceful possession is not given to the LICENSOR within 5 working days of the termination, cancellation and / or revocation of the license so granted, without prejudice to any other remedy or relief that the LICENSOR may have against the LICENSEE, the LICENSEE shall pay the LICENSOR a sum of

Rs. 1000/- (Rupees One Thousand only) per day from the date of the termination, cancellation and / or revocation towards mesne profits until vacant peaceful possession is granted. The parties hereby agree that the payment of such additional penalty and / or compensation for per day of illegal occupancy shall not absolve the LICENSEE of his responsibility portion of vacating giving the potion/office vacant space/licensed and peaceful

possession of the licensed portion to the LICENSOR within a period of 5 working days from the date of termination, cancellation and / or revocation of this agreement and / or license.
16.

The Licensed portion shall remain under the overall supervision of the LICENSOR who shall have the keys to the licensed portion and shall also provide for the locks. Under no circumstances is the LICENSEE entitled to change the locks of the licensed portion except upon written information to the LICENSOR who shall take all steps necessary to get the some changed at the cost of the LICENSEE. The LICENSEE shall have duplicate keys to the said locks on the main door as well as any other door in the licensed portion. The licensed portion along with the rest of the premises shall have a night guard who shall be appointed and paid for by the LICENSOR.

17.

The LICENSOR shall charge any additional fee for any other additional service provided by the LICENSOR to the LICENSEE in accordance with terms and condition to be mutually agreed upon by the parties in written.

18.

The

parties

hereto

do

not

intend

to

create

any

relationship between themselves save and except that of a leave and license granted by the Licensor to the Licensee. In particular it is made expressly clear that the parties hereto do not intend to create any tenancy or lease from month to month by these presents in respect of the licensed portion and neither party shall be entitled to raise any such plea.
19.

In

case

of

any arising

dispute, out of,

difference, connected

controversy with and/or

whatsoever,

touching in any way whatsoever these presents and/or any matter incidental hereto including any question of construction or interpretation of any word, phrase or clause hereof, the same shall be referred to arbitration by the sole arbitrator Mr. Protik Prokash Banerji, learned Advocate, of 6/1A, Creek Lane, Kolkata700 014 with his chambers at Temple Chambers, Room No.31, 6, Old Post Office Street, Ground Floor, Kolkata700 001 and failing him, to Mr. Soumen Dutta, Advocate of Calcutta High Court, whose decision in the form of an award shall be final. The sole arbitrator would not have to give a reasoned award. The provisions of the Arbitration and Conciliation Act, 1996 shall apply.

SCHEDULE
One office room measuring approximately 100 sq. ft. on the 1st floor of premises 3, Canal Street, Kolkata 700014.

PERIOD OF LICENSE HEREBY GRANTED Starting July 15th, 2011 for a period of eleven months i.e. till June 14th, 2012. Witness LICENSOR 1. Signature of the

2. LICENSEE

Signature of the