BUSINESS CENTRE AGREEMENT

 

This Agreement made at Mumbai this ______ day of ________, 200__ BETWEEN __________________________, hereinafter called the "OWNER" an Adult Indian Inhabitant resident of ________________________________________ _________________ (which expression shall unless repugnant to the context or meaning be deemed to mean and include her heirs, executors, Administrators and assigns) the One Part and __________________________, hereinafter called the "USER" also an adult Indian Inhabitant, residing at _______________________ _____________________________________ (which expression shall unless repugnant to the context or meaning be deemed to mean and include her heirs, executors, Administrators and assigns) of the Other Part.

 

WHEREAS THE Owner is carrying on business at ________________ ________________________________________ and running his business service centre at the said place with all basic facilities and infrastructure.

 

AND WHEREAS the Owner temporarily permitted the User to avail the facilities of the said business centre for a period of ___________ weeks/months

 

AND WHEREAS the said period of ____ weeks/months commencing from ____________ AND WHEREAS the Owner has consented to the said proposal of the User and the parties hereto are desirous of recording the terms and conditions of the said agreement.

 

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-

 

1. The User shall pay a non-refundable membership fee of Rs.________/- (Rupees _________________ only) to the Party of the First Part for becoming member of the Business Service Centre.

 

2. The Party of the One Part is running the said business service centre at its aforesaid premises at ______________________________________________ ____________________________________________________ having the facilities mentioned in Schedule-“I” hereunder to this agreement. The User is in need of such facilities to a limited extent and for a temporary period until the Party of the second Part makes its own permanent arrangement.

 

3. The Party of the Second Part has clearly understood that the provisions of such facilities will be subject to availability, use and requirement. It is also made clear that the office will be kept open by the Party of the First Part and will remain open only during office hours. The office will also remain closed on Sundays and Public Holidays.

 

4. The period of this Agreement and arrangement is for _____ Weeks/months commencing from ______________ to _______________.

 

5. The User shall pay to the Party of the First Part the sum of Rs.__________/- (Rupees ________________________________ only) per week/month as fees for such facilities and use and Rs._______/- (Rupees ________________________________ only) towards service charges such as secretarial services, computer services, service of peon etc. The user shall be liable to pay the aforesaid charges in advance or against the Bill of the owner. The timely payment of such fees and service charges is the essence of this agreement.

 

6. The User shall also deposit with the Owner the Party of the One Part Rs.___________/- (Rupees _________________________ only) against any unpaid Bills or damages to the articles or to the premises or in respect of nuisance or any act which may affect the property or rights of the Owner. The Deposit shall be interest free and will be returned by the Owner to the User upon the termination of this Agreement. However, in the event of any of the above acts occurring the Owner shall be entitled in his own sole discretion to appropriate and deduct part or whole of the said deposit accordingly.

 

7. The User hereby agrees with the Owner as follows:-

 

(a) To avail of the use of the facilities amenities conveniences and survives provided and the furniture, fixtures and fittings without in any way disturbing or interfering with the activities and business of the Owner.

 

(b) To have access to and use the said facilities only during the working days and between the hours herein specified and when opened as stated above. To keep the said office premises open between the hours of 9.30 a.m. and 6.30 p.m. from Monday to Friday and 9.30 a.m. to 4.00 p.m. on Saturdays excluding Sundays and Public holidays under the Negotiable Instruments Act and provided however that this sub-clause shall not restrict the right of the Owner to close or keep closed without notice the said office premises on any particular day or part or parts of such days for reason or cause sufficiently shown.

 

(c) To carefully use the furniture, fixtures and fittings provided therein and not to cause any damage thereto or any part thereof. The User may bring in such extra furniture and moveable articles as required with written permission of the Party of the Owner but without disturbing the existing set up and the business activities of the Owner, the Party of the First Part.

 

(d) To co-operate and comply with directions issued by the representative or employee of the Owner who is instructed and authorised by the latter to look after and take care of the said Office Premises in general and who is to open and close the Office Premises in general before and after the prescribed working hours.

 

(e) To keep Rs.__________/- (Rupees _________________________ only) as mutually agreed as interest-free deposit for the due performance of this agreement and such security deposit to be refunded to the User on expiry of the period of this Agreement provided the User has not committed any breach of any of the terms of this Agreement and subject to adjustment/ appropriation as stated above.

 

(f) To bring into the said Business Centre only office records, correspondence, documents necessary or movable furniture and/or samples but not to bring in any hazardous and inflammable items or things.

 

(g) To use the said facilities only for commercial purposes and in a lawful manner and in no event to make any immoral or illegal use of the same.

 

(h) Not to cause or create any disturbance, nuisance or annoyance to the Party of the First Part or others.

 

(i) To give any Indemnity Bond separately to keep fully indemnified from and against all suits, proceedings, actions, claims, demands as may be made or filed against the Party of the First Part as a result of User committing any default or breach of this Agreement and also from and against all costs, charges and expenses as may be incurred by the Party of the First Part in prosecuting and defending any such suit or proceedings or other action by or against the Owner.

 

(j) For the sake of convenience, it is hereby agreed to reimburse the Party of the First Part forthwith in respect of all charges for use and consumption the entire bill for electricity and telephones during the period of this Agreement.

 

(k) To comply forthwith with all and any directions which may be issued from time to time by the Owner in regard to the cessation of use of any table or tables or other furniture or fixtures and use in its stead of such other table or tables or other furniture and on such place or places which may be indicated or specified from time to time by the Owner.

 

(l) To use the said office facilities by itself and in any event not to allow or permit outsiders or third parties save and except bonafide clients and persons connected with the User to sit in said office premises or any part thereof or use the said office facilities.

 

(m) Not to carry out any alterations, additions or improvements of a permanent or temporary nature in the office premises without the previous consent in writing of the Owner.

 

(n) Not to cause damage or injury to the said office premises or furniture or fixtures, electrical installations other articles in the said office premises.

 

(o) On the expiry of this Agreement to remove all its articles, papers, belongings and things lying in the said office premises and on expiry of the agreement term not to come upon the said office premises thereafter and if not removed within two weeks from the determination of the said agreement the same shall become the property of the owner.

 

8. It is mutually agreed by and between the parties hereto as follows:-

 

(a) The term of this arrangement shall be for ____ weeks/months. However the same can be renewed on mutual agreement of both the parties for a further period of ____ weeks/months provided the user agree to pay ___% increases in fees and also in service charges.

 

(b) The Owner shall submit his bills for services rendered and the same shall be paid by the User within _____ days or the same shall be adjusted from the advance payments of the same and/or in any event the same shall be adjusted against the interest-free security deposit, lying with the Owner referred hereinabove.

 

(c) The User agrees to pay to the Owner any increase in the Municipal Taxes on account of the use of the aforesaid facilities by the User.

 

(d) The arrangement herein is purely of a temporary nature and entirely to the User itself and not transferable under any circumstances and the User shall under no circumstances be entitled to assign or transfer the benefit of this agreement to any other person or persons on any basis whatsoever.

 

(e) The User agrees and undertakes that no tenancy, licence or any other protected rights whatsoever permitting the User or its employees or servants to come upon and use the said office facilities or the said office premises is created or intended or sought to be created by these presents.

 

(f) In all its correspondence, stationary the User may show its address as at the address stated above.

 

(g) On failure of payment of the weekly/monthly fees, service charges, etc. by the User on time or on expiry of the period the Owner shall be entitled to prevent access and denying facilities and services to the User and its servants, employees or other visitors into the said office premises and the facilities and every part thereof. This authority reserved to and agreed by the User is irrevocable and constituted the basis of this agreement and the User shall not be entitled to dispute, challenge or call into question the validity or reasonableness of this provision. Any breach of this provision shall entitle the Owner in addition to other rights accruing to him to claim and recover from the User such damages.

 

9. As security for due performance of the provision hereof the User agrees to deposit Rs._____________/- (Rupees ________________________________ only) as mutually agreed to and the said amount after deducting therefrom the amount of arrears, charges, dues and damages if any due from the User to the Party of the First Part shall be refunded by the Owner without interest on the arrangement herein coming to an end. However, and wheresoever but only upon and not until the User removes itself, its servants, agents, from the said Business premises, and not until the facilities and services have ceased to be used.

 

10. It is mutually agreed and declared between the parties hereto that the permission hereto granted by the Owner to the User to use its fixtures and furniture as aforesaid is incidental to its availing of office facilities and services provided by the Owner to the User and the User shall not be entitled to avail of only the permission to use the fixtures and furniture or avail of the other facilities separately as the arrangement is composite, impartiable and indivisible.

 

11. Should any dispute arise between the parties hereto at any time during the currency of this Agreement or whensoever thereafter, then as soon as the dispute shall arise the same be referred to the sole arbitration of any person as may be mutually acceptable by both the parties who shall be entitled to hear the parties orally, peruse the records produced before him and decide the dispute summarily without recording any formal evidence and in a summary manner. If necessary, the Arbitrator may make his own enquiries or meet the parties hereto or persons conversant with the facts of the matter separately and in the absence of the other party and ascertain the true facts and decide the dispute in a summary manner. This provision has been expressly agreed upon between the parties hereto with a view to substantially cause justice to being done to the parties without loss of time and with a view to avoiding time consuming litigation in Courts of law. The parties hereto shall not be entitled to impeach the provisions of this arbitration clause on the ground of the summary nature thereof as the parties hereto have agreed to the same and this also constitutes the basis for the agreement hereto.

 

IN WITNESS WHEREOF the Parties hereto have hereunto set and subscribed their respective hands and seals the day and the year hereinabove written.

 

SCHEDULE-I

 

FACILITIES AVAILABLE IN THE BUSINESS PREMISES

 

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

 

 

SIGNED, SEALED AND DELIVERED )

by the withinnamed Owner: )

_________________ )

the Party of the First Part )

in the presence of: )

 

 

 

SIGNED, SEALED AND DELIVERED )

by the withinnamed User: )

________________________ )

the Party of the Second Part )

in the presence of: )

 

RECEIPT

 

 

Received of and from the withinnamed user the sum of Rs.__________/- (Rupees _______________________________ only) by cash/cheque No.________ dated _____________ drawn on ____________________ Bank, ___________________ Branch, to make the total interest free security deposit of Rs._____________/- along

with the previous deposit of Rs.______________/- already lying with me, details of which is given hereunder being the deposit mentioned in clause No.________

 

 

Sr. No. Cheque No. Date Name of the Bank Amount

 

 

 

 

 

 

Total Rs._________/-

 

 

I SAY RECEIVED:

Witnesses:

 

1.

(_____________________)

OWNER

2.

 

 

Sample Draft Of Lease

 

LEASE AGREEMENT

THIS LEASE MADE ON THIS ______ DAY of ___ in the year ____ Between _________ r/o______ hereinafter called the " LESSOR ", which expression shall include his/her heirs, successors, legal representatives and assignees of the ONE PART AND _____________ hereinafter called the " LESSEE ", which expression shall include his/her heirs, successors, legal representatives and assignees of the OTHER PART.

WHEREAS the Lessor is the absolute owner of the premises known as _____ having full and unfettered rights to Lease out the same or any portion thereof at such terms and conditions as he may think fit.

AND WHEREAS the Lessor has agreed to Lease out and the Lessee has agreed to TAKE ON LEASE the Ground floor/First floor/Front unit/Back unit/Side unit/Whole house of the said premises no._________ which consist of _________________ hereinafter referred to as " THE PREMISES ".

 

Now therefore it is agreed between the Parties hereto as follows :-

 

1. That the Lessor represents and warrants that he is duly authorised to make this Lease and hereby covenants with the Lessee that during the term of this Lease and any extension thereof:

a) the Lessee shall have free and unobstructed access to the leased Premises at all times.

b) the Lessee shall enjoy quiet and peaceful possession of property Leased without disturbances by Lessor or by any successor in interest of the Lessor or by any other person claiming and proving title paramount to the Lessor.

2. That the Lessee shall pay to the Lessor for the Premises Rs.__ ( Rupees __ ) only per month on account of Rent.

 

3. That the Lessee shall pay the aforesaid rent in advance for __ months which shall be adjustable in the first period of the Lease.

 

4. That the period of the Lease granted by the Lessor to the Lessee for the premises has been agreed to be ________ commencing from ________ till _________.

 

5. That the Lease is renewable with mutual discussion and consent upon expiration for a further period of ________.

 

6. That the Lessor accepts full and sole responsibility for the payment of all taxes and for any other charges of a public nature which are or may be assessed against the property of which the Premises covered by this Lease form a part.

 

7. That the charges for Electricity ( Power & Light ), Filtered & Unfiltered water shall be paid by the Lessee as per bills received from the local authorities.

 

8. That all the Rules, Regulations, Laws and Bye-Laws of the Municipal Committee or any other local authority having jurisdiction over the demised premises shall be complied with by the Lessee.

 

9. That no Structural Additions or Alterations shall be made by the Lessee in the Premises or any part thereof without the prior written consent of the Lessor.

 

10. That the Premises shall be distempered, painted and polished by the Lessor prior to the handing over the possession thereof to the Lessee and the Lessor shall not be required to do the same again before the expiry of the Lease.

 

11. That all the Sanitary, Electrical and other Fittings in the Premises shall be restored by the Lessee to the Lessor at the time of handing over the Premises to Lessor in as good a condition as they are at present subject to natural wear and tear and damage by the act of God.

 

12. That the Lawn & Plants shall be maintained by the Lessee at his own expense.

 

13. That the Premises shall be used by the Lessee for Purposes of Residence only.

 

14. That the Lessee shall not sub-let the Premises or any part thereof.

 

15. That the Lessee shall not be responsible for damages resulting from fire, earthquake, storm, war, civil disturbances, white ants and other insect life and other conditions over which the Lessee has no control.

 

16. That the Lessee shall permit the Lessor, his authorized representatives etc., to enter upon the demised Premises for inspection and carry out repairs etc., at reasonable time with prior advance notice as and when necessary.

 

17. That the Lessee shall have the right, during the existence of this Lease , to attach fixtures and install cooling and/or air-conditioning equipment in or upon the demised Premises provided such additions and/or fixtures shall not be detrimental to or inconsistent with:-

a) the rights granted to tenants on the property or in the building and/or

b) bye-laws of the Municipal Authority, local government or any other statutory body.

The fixtures, additions, or installations so placed in or upon or attached to the said Premises by the Lessee shall be an remain to be his property and will be removed there-from by the Lessee prior to termination of this Lease.

 

18. That the day to day repairs ( such as fuses and leakage's of water taps ) arising in the course of normal use and those incidental to damage arising from negligence or misuse on the part of the Lessee or his domestic staff shall be done by the Lessee at his own cost but any major repairs such as leakage in. electric current or bursting of sanitary pipes or any damage to the structure due to age or any fundamental defect, the same shall be done by the Lessor at his own cost.

 

19. That in case the Lessee is OFFICIALLY TRANSFERRED from Delhi, the Lessee shall be at liberty to TERMINATE this Lease by giving the Lessor ___ month’s written notice in advance and shall not be required to pay the rent for the unexpired portion of the Lease and in this eventuality the Lessor will refund back to the Lessee this amount.

 

20. That at the expiry of the Lease and option period, if any, the Lessee shall hand over the vacant possession of the Premises to the Lessor.

 

21. That if the Lessor sells, transfers, bequeaths, gives, mortgages, or in any manner transfers ownership or control of the property described herein, this Lease shall remain in effect for the full period of the Lease and renewals thereto.

 

22. That this Lease has been finalized through the agency of M/s LubbSheez Consultant Private Ltd, Friends Colony East, New Delhi 110 065 who will be entitled to equivalent of one month’s rent as commission from each side. Service Tax, as applicable, will be extra.

 

IN WITNESS WHEREOF the Lessor and the Lessee have hereunto subscribed their hands on this day, month and year first above written.

 

LESSOR

 

LESSEE

WITNESSES :

 

 

Financial And Lease Terms

 

It is important to note the prevailing financial terms before one comes to Delhi.

 

Lease Period: This can vary from two to three years. Occasionally one year is also possible.

 

Rent in Advance: Starting from three months to the whole period of lease. But most of the deals are concluded on an three months to annual rent paid advance basis. Room for negotiation is there in few cases.

 

Security deposit: Tenant pays an interest free, refundable security deposit varying between one month to six months (most cases it is three months). This deposit is refunded back to tenant by the owner when the tenant vacates the premises and hands over the vacant possession to the owner. Owner, at this time ascertains if there are any damages to his property, any un paid bills and accordingly he deducts the repair/bill amount from the security deposit and refunds the balance.