MEMORANDUM OF UNDERSTANDING

AND AGREEMENT TO SUB-LEASE THE PROPERTY FOR BUSINESS USE

This Memorandum of Understanding is made on this … day of December 2007 at Delhi between M/s Sss New Delhi, through its Secretary Shri aaa ………….., hereinafter referred to as “FIRST PARTY” (which expression shall wherever the context so admits, mean and includes their heirs, legal representatives, successors, and assignees) of the one part AND …………………………………………………………………………………..  hereinafter referred to the “SECOND PARTY” (which expression shall wherever the context so admits and include its successors, administrators and assigns) of the other part.

WHEREAS the FIRST PARTY is the Owner/ Mortgagee/ Tenant of plot located at the Khasra Number or Survey Number … at address … New Delhi, in terms of Perpetual Lease dated 20^th November year…. executed by the Government in its favour and fully described in the schedule hereto.

AND WHEREAS the FIRST PARTY have entered into an agreement with M/s …… to construct and lease out the first floor and second floor of the said premises which will be constructed/completed as per the requirements of the SECOND PARTY.

AND WHEREAS the said premises will be constructed/ completed as per the specifications and requirements of the SECOND PARTY and the SECOND PARTY will take the premises on lease for letting out on licence basis to its tenant, on the basis of terms and conditions mentioned hereinafter. 

NOW THEREFORE THIS M.O.U. WITNESSETH:

 

 

AND WHEREAS the FIRST PARTY being the landlord/ Lessee of property namely M/s Sss, located at Khasra Number or Survey Number… will be built by the FIRST PARTY at their cost and expenses, as per the specification and requirement of the SECOND PARTY and SECOND PARTY will give amount of Rs. …………Crores towards the Expenses incurred to do the construction, which will be adjusted in monthly rent to be paid by the Second Party in addition to Rs. Two lacs per month to be paid to SECOND PARTY as rent.  The Carpet Area of the premises as measured at the site is as under:-

(a)       First Floor                                          =          6600 sft. approx

(b)       Second Floor                                    =          6600 sft. approx

(c)        Total carpet area      of the premises

            under SECOND PARTYs possession on both

            floors  are                             =          13200 sft. Approx

 

As per the measurement carried out by the Architect who is approved by both the Parties.

1. That Premises which will be leased out after construction includes a Hall to be constructed on first and second floors and the Second Party will be given the Easement Rights. The Property and Easements Rights leased out are narrated in the Site Plan. Their Rent is narrated as follows:-

2. The Advance paid by Second Party to the First Party to Construct the Property is liable to be repaid.

 

3. Second Party should pay Rent Rs…. (in words Rs….) per month.

4. The FIRST PARTY declares that there are no tax dues, of any type, in arrears against the FIRST PARTY.  The FIRST PARTY, however shall be liable to indemnify and reimburse the SECOND PARTY in the event of it being made to pay the aforesaid taxes, charges etc. and the SECOND PARTY shall have a right to deduct the same from the monthly rent payable to the FIRST PARTY. 

5. Due date for payment of the Rent is on or before 7^th day of every month.

6. That the sub-lease shall be for a period of … years commencing from …………

7. Renewal of Sub-Lease should be decided two months prior to expiry of the present term, and the Terms and Conditions will be discussed at that time.

OR

7. and thereafter the same may be renewed for …… renewals of ……… years each on the same terms and conditions as agreed between the parties with increase of rent by ……% on each renewal.

8. That the Second Party is permitted to let out the Premises on Licence basis, however the said Tenants should forward their permission to occupy through the First Party and the decision by First party to deny tenancy shall be final. Purpose of letting should be as per the prior Approval of the First party and Municipality/ Local Self Government.

9. That the SECOND PARTY and their sub-lettee shall for their business be free and entitled to make Cabins or Chambers of the Building by putting up counters partitions or safes, furniture, fixtures, name plates, sign boards, neon signs, air conditioners and other fittings including lockers etc. However, the Structure of the Building should not be altered by this Constructions. That the SECOND PARTY shall have a right to option additional Electricity power at the said premises for A.C. or for any other purpose for which the FIRST PARTY shall make proper application to the Electricity Board/ Distribution Company as and when required by the SECOND PARTY.

10. The Additional Power Requirement should not be obtained through Generators, either with or without the permission of Polluttion Control Boards, however the Invertors can be used to back-up against Electricity Failures.

11. Second Party should allow the First Party either through it’s elected representatives/ office bearers or their Employees to inspect the premises and business of it and it’s tenants. If anything illegal is detected, the Administrative Law jurisdiction shall be used to close down the business, even when no ground to file FIR with local police can be found.

12. No Objection Certificates if any will be provided by the First party to the Second Party or its tenants to enable them to do the Business, to obtain Electricity Connection, other Licences etc.

13. After construction, the SECOND PARTY has taken the possession of the property w.e.f. ………

14. The First Party should not cause any willfull obstruction through act or negligence, on the Natural or man-made facilities to effect complete enjoyment of the property, namely the SECOND PARTY have the exclusive, unrestricted and undisturbed right to the quite, peaceful and exclusive enjoyment of the lease premises together with the right of access to these of the both, passages etc. without any let, hindrance interference, claim or demand from the FIRST PARTY or any one claiming under them.

15. Address for service of Court Summons or other Notices is given above, and changes if any will be notified at the earliest opportunity.

16. With a Notice of 3 months or Rent of 3 months paid in Cash, either party reserves the right to evict the occupants. However, if the First Party want to exercise this option, there should be sufficient reason, but the Second Party or it’s sub-tenants need to give only Notice to vacate.

17. That all the expenses to be incurred towards stamps, registration charges etc. of this deed will be borne by the SECOND PARTY.

18. The Second Party or it’s sub-tenants will not make any claim to be Statutory Tenants or will cause to Rent Control Litigations, if an Eviction Suit will be filed by the First Party. It is mutually understood that, the Special Rights under Law available to the Tenants can be waived prior to accepting Tenancy and waiving said Rights is not illegal and cannot be re-inforced at the Will of the Tenant.

19. (If Generator can be permitted to be installed, where that should be installed can be written here – Author).

20. Boundaries of the Property given on Sub-lease is described as follows:-: Khasra Number or Survey Number…… of the place ….

North  :          

East                :          

South :

West               :          

 

IN WITNESS whereof the FIRST PARTY and SECOND PARTY have set their respective hands and Seal to this Memorandum of Understanding on the day and year first above written.

WITNESSES:

 

1.                                                  

 

FIRST PARTY

2.

 

SECOND PARTY

 

Witnesses:-

1.

2.

DRAFTED BY:

ADVOCATE

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RENT AGREEMENT

 

This Rent Agreement is made at Delhi on this 2^nd day of February 2009

 

BETWEEN

 

Sh. Rrr hereinafter called the FIRST PARTY/LANDLORD AND Sh. Sss hereinafter called the SECOND PARTY/TENANT.

 

The expression of First Party/Owner & Second Party/Tenant, both shall mean and include their respective legal heirs, successors, legal representatives, administrators executors and assigns.

 

Whereas the First Party is the owner and in possession, of property, bearing no. ….., located at Khasra Number or Survey Number… (hereinafter called the property/premises).

 

Whereas the First Party’s elder son along with his wife and Children had gone to some other States/ Abroad Country for some work and long stay, thus their place under occupation is lying vacant.

 

Whereas the First Party is in need of some money, monthly for his treatment and only for a few months, that can be obtained by letting out the Elder son’s portion of the house.

 

The Second Party is not going to reside permanenty at this place and only temporarily he want an accommodation for himself and his family, thus the second party/tenant has approached the first party to let out one room set on first floor in the above said premises and the first party has agreed to let out the said premises on rent on the following terms and conditions of this Rent Agreement:-

 

NOW THE WITNESSETH OF THIS AGREEMENT AS HERE UNDER:-

 

1. Purpose of Tenancy of the aforementioned accommodation is only for residential purposes.

 

2. That the tenancy agreement is for a period of 11 months commencing from 2^nd February 2009 and will expire on 31^st December 2009 and there will be no necessity for renewal, if required, will be decided later.

 

3. Landlord/ owner can ask the tenant to vacate the premises, without assigning any reasons. One Month Notice should be given for the said Eviction; or at least time should be given to obtain alternate accommodation, if less than one month Notice is given. It is made clear that, when one month Notice is given, even when no alternative accommodation is available the tenant should vacate the premises.

 

4. Said Eviction Notice can be given Orally in the presence of two persons, or by Registered Post.

 

5. That one month notice in writing will be necessary for the tenant for vacating the premises, otherwise the Advance Rent will be forfeited and permission to lift the Articles kept may be denied unless the Electricity and Water Bills are paid.

 

6. Monthly rent agreed is Rs…. (Rupees….) in addition to the Electricity and Water Charges. In that, one month Rent should be paid as an Advance, and at the time of Vacation of premises, after deducting the Electricity and Water charges, the said Advance amount will be returned.

 

7. Tenant is duty bound to maintain the Security and Well maintenance of Rooms, furnitures, fixtures and Electricity and Water Connection; of the rented accommodation.

 

8. Tenant have no right to sub-let the property. He does not have the right to keep Paying Guests. If family guests will come, it should be ensured that, they should not become a disturbance for the Landlord and his relatives.

 

9. The tenant will not make any claim to be Statutory Tenants or will cause to Rent Control Litigations, if an Eviction Suit will be filed by the First Party. It is mutually understood that, the Special Rights under Law available to the Tenants can be waived prior to accepting Tenancy and waiving said Rights is not illegal and cannot be re-inforced at the Will of the Tenant.

 

10. When the tenancy will come to end, either on expiration of period, or any other reasons; the tenant shall deliver peaceful and vacant possession of the premises to the owner with all fitting and fixtures intact in working order.

 

In witness whereof the owner and the tenant have signed this deed on the day month and year mentioned above in the presence of the witness.   

 

FIRST PARTY/LANDLORD

 

SECOND PARTY/TENANT

 

WITNESS                              

 

1.                                                               

 

 

2.                                                                

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Agreement for assignment of Right to print of the copyrighted materials

Memorandum of agreement made this 15th day of January 2010 between M/S Ccc, owned by a  Hindu Undivided Family in the name of M/s ccc (HUF) having its registered office at address…  (hereinafter called the publishers) which expression shall, unless excluded by or repugnant to the context, include the said M/S Ccc, its successors in the business (as the case may be) on the One Part and Mr.Nnn, S/o…. R/o…………..(hereinafter called the 2^nd party which expression shall, unless excluded by or repugnant to the context, include the said Mr.Nnn and his heirs, executors, administrators and assigns) on the Other Part.

Whereas the Publisher/ 1^stis a reputed law publisher and is the owner of the copyright of the books (whether printed in a Book form in ordinary Paper, published as a Software, either in a Compact Disk [CD], Pen Drive, directly up-loaded in the Hard Disk of Computers to sell to customers, to permit access to the customers through their Web Sites, or any other manner permissible by law) detailed as follows:

………

……………

………………

AND THE 2^ND Party is a person making livelihood by operating Printer Machines, having facilities to print Law Books, who have access to a Law Library to help in his work and persons with knowledge of Law to help him to avoid mistakes while printing the law books (even though he will not be held responsible for any proof reading errors committed by the Author of the 1^st party, he should make efforts to distinguish between “Interest” and “Internet” while printing “Right to Information Act” and “Income Tax Act”, and similar projects; so that new-comers in the legal profession will not be misled by purchasing books published by the Publisher/ 1^st party).

Now it is hereby agreed by and between the parties hereto as follows:

1. The Ist party herein is a publisher/distributor and he owns a good reputation and Good Will in the field of publication in the name and style of M/S Ccc grants to the 2^nd party  the  right to use  the said work  in the territories of INDIA  for the above said edition.

2. The word “edition” is defined as, only by printing upon Paper using ink, in a book form and not giving the other mode of publications as narrated above. That is, the 2^nd party can print that as a Book upon papers, and he should not prepare CD or upload in his Web-site the contents of this book. He can preserve the Soft copy given to him, which he should not even make a Duplicate copy. Or if he is given a printed book with permission to Scan and Convert, or get re-typed that to prepare necessary Negative to print the book once more, he will not make more than one copy of the said soft copy, and either after delivering the said soft copy to the Publisher/ 1^st party, or after printing that himself as instructed by the 1^st party, the 2^nd party will delete the said soft copy from it’s Computers. For this purpose, he will not up-load any material in his E-mail account with the purpose of safe preservation.

2.1. Number of copies to be printed for each Books are as follows:- (1) …. Copies to be printed. (2) ….. (3)….

2.2. If any further re-print of the present edition of those books (that is, without updating those books as on the day of said book) is necessary, separate Order/ Agreement will be placed like this.

3. The Publisher warrants that the said work is an original work and that the author had been the owner of the copyright therein, prior to selling that to the Publisher. To explain this paragraph, the Publisher undertakes to Indemnify the 2^nd party against any litigations, if launched by any third party or the Author himself, related to the copyright and the right to re-print of the Books 1^st party has authorized the 2^nd party to print.

4. The 2^nd party  shall not make any further assignments of the rights to print the said work in the territories of the world or grant any licence to print the said work or any part thereof in the territory of India or any other Country in the world.

5. The time when a new edition or reprinted edition will be published is to be decided by the publishers. The terms and conditions for such new edition or reprinted edition will be decided by the publisher only.

6. The PUBLISHER undertakes to deliver the complete typescript in duplicate of the said work to the 2^ND PARTY ready for the printers.

7. The 2^nd party  will neither write nor publish any other rival book against the said work for any other publishers or publish any rival book against the said work either by himself or otherwise.

8. The copyright in the said work will remain the property of the Publishers.

9. The 2^nd party will get al