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Mumbai Conducting Agreement ... drafted by Divya Kant Mehta
CONDUCTING AGREEMENT
THIS AGREEMENT OF CONDUCTING is made and entered into at _________ on this
day of ________, 200__ BETWEEN ___________________, Age: ___ Years,
Occupation: _________ an Indian inhabitant, having address at
_________________________________________________________________,
hereinafter referred to as "Owner" (which expression shall unless it be
repugnant to the context or meaning thereof shall mean and include his/her
heirs executors, administrators and assigns) of the ONE PART AND
______________________ ________________ Age: ___ Years, Occupation:
_________ an Indian inhabitant, having address at
_____________________________________________________
____________________, hereinafter referred to as "the Conductor" (which
expression shall unless it be repugnant to the context or meaning thereof
shall mean and include his/her heirs executors, administrators and
assigns) of the OTHER PART.
WHEREAS the owner is a tenant/owner in respect of __________________
admeasuring about ________ sq. ft. and has been carrying on business of
_____________ in the name and style of _____________________ since _____
years from the said premises
AND WHEREAS the conductor desire of conducting the said business and the
Owner is desirous of giving his business on conducting basis AND WHEREAS
the parties hereto are desirous of recording the terms and conditions to
avoid any future disputes.
NOW THIS AGREEMENT WITNESSETH AS UNDER:
1. The Owner has agreed to allow the Conductor to conduct his ___________
business being carried on from the said business premises viz.
_________(address of business premises)_______________________ and the
Conductor has agreed to conduct the Owner's said ___________ business
being carried on from the said business premises on the terms and
conditions recorded hereunder.
2. This Agreement is commencing from _____________ and will be for a
period of ______ months/years.
3. The Conductor shall pay to the owner Rs._________/- (Rupees
______________________________________ only) per month towards royalty and
such monthly royalty payment shall be made by the Conductor to the Owner
on or before ______ of every months in advance i.e. for the month of
________, the Conductor shall pay the royalty of Rs._______/- on or before
______________.
4. The Conductor is allowed to conduct the business of Owner's ___________
business from the said business premises.
5. The Shop and Establishment Licence in respect of the said Shop premises
stands in the name of the Owner and the Conductor shall renew the same
from time to time the said Shop and Establishment Licence and during the
currency of this Agreement may add his name in the said Licence as
Conductor of the said business.
6. The Owner shall apply for additional permits or licenses that may be
required for efficiently running the said ____________ business but the
cost of such licenses/permits shall be borne by the Conductor during the
currency of this Agreement.
7. It is expressly made known to the Conductor that the Conductor is given
only permission to conduct the said __________ business and the use and
occupation of the said business premises is incidental to the said
conducting and no tenancy, sub-tenancy or leave and licence or any other
right, title or interest in respect of the said business premises are
created in favour of the Conductor.
8. The Conductor shall not do any act, deed or thing that may adversely
affect the tenancy right of the Owner in respect of the said business
premises.
9. The Owner alone shall pay the monthly rent and permitted increases or
any other charges in respect of the said business premises to his
Landlord.
10. The Conductor shall pay an interest free Security Deposit of
Rs.__________/- (Rupees _____________________________ only) to the Owner
to secure and ensure the observance of the terms of this Agreement by the
Conductor.
11. The Owner shall refund the said interest free Security Deposit of
Rs.____________/- to the Conductor on expiry of the period of this
Agreement or its earlier determination/termination, after adjusting any
dues from the Conductor contemplated under this Agreement.
12. The Conductor shall not carry out any additions, alterations of
permanent nature in the said business premises. However, as desired by the
Conductor, the Owner shall carry out the decayed flooring and plastering
and necessary renovation in the said business premises at the cost of the
Conductor for efficient conducting of the said business.
13. The Owner has provided furniture and machinery in the said business
premises as per Schedule hereunder, which the Conductor shall maintain in
good condition and return the same in good condition at the expiry of the
period of this agreement or its earlier determination/termination to the
Owner, normal wear and tear excepted.
14. The Conductor is allowed to bring his own additional furniture and
machinery to conduct the said tailoring business more efficiently and
profitably and he will be allowed to take back such additional furniture
and machinery that may be brought at the expiry of this Agreement or its
sooner determination/termination.
15. The Conductor shall not cause any damage to the business premises and
in case of any damage to the suit premises, the Conductor shall restore
the business premises to its normal condition. In case, the Conductor
fails to do so, the Owner shall be entitled to get the damaged portion of
the business premises repaired at the cost of the Conductor.
16. The Owner has provided a telephone connection bearing telephone
No.__________ and also electric supply in the said business premises and
during the currency of this Agreement the Conductor shall pay the
telephone and electric bills in respect of the said business premises
within due dates of such bills and xerox copy of such paid bills shall be
handed over to the Owner for his records.
17. The Conductor shall immediately hand over any letters, notices,
summonses and/or any communication address to the Owner during the
currency of this Agreement to enable the Owner to deal with such
communication promptly.
18. The Conductor shall not cause any nuisance or annoyance to the
neighbouring occupants of the said business premises and shall not do
anything to jeopardise the tenancy right and the business interest of the
Owner.
19. The Conductor shall be responsible for maintaining his Accounts in
respect of the said business during the currency of this Agreement and
shall pay the salary/wages of his employees/workmen and shall also pay the
taxes due and payable by him for conducting the said business during the
currency of this Agreement.
20. The Owner shall be entitled terminate/determine this Agreement, if the
Conductor commits any breaches of the terms of this Agreement and before
doing so, the Owner shall leave one month's notice to the Conductor to set
right the breaches.
IN WITNESS WHEREOF the parties hereto have set and subscribe their
respective hands to this writing on the day and year hereinabove
mentioned.
SIGNED AND DELIVERED )
By the withinnamed "OWNER" )
_____________________________ )
the party of the First Part )
in the presence of . )
1)
2)
SIGNED AND DELIVERED )
By the withinnamed "CONDUCTOR" )
______________________________ )
the party of the Second Part )
in the presence of . )
1)
2)
SCHEDULE
Furniture and Machinery and fittings provided in the business premises.
1.
2.
3.
4.
5.
6.
7.
8.
RECEIPT
Received of and from the Conductor the sum )
of Rs.__________/- (Rupees ___________ )
________________________________ only) )
being the interest free security deposit )
mentioned in clauses No.___ and _____ )
above by Cheque No._________ dated )
_______ drawn on ____________________ )
______________, ___________________ )
Branch/Cash/Demand Draft ) Rs.__________
Our Brokerage: Rent: Equivalent to one month's rent : Sale: Equal to 2% of
the deal value. Service tax extra (10.2%) Short term let: 15% of the gross.
TDS on brokerage - 5.61% TDS on rent - 16.83%
Lease, sale, franchise, collaborations etc. Residential, Office, Industry,
Retail, School etc. Delhi, Gurgaon, Noida, Faridabad, Ghaziabad.
Email:
swagatamwebsite@gmail.comDisclaimer