Denzong Kitchen Print

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LEAVE AND LICENSE AGREEMENT

This Agreement is made on this 18th day of February 2021


BETWEEN Mrs. Malati Rani Ghosh wife of Late Mr.
Balaram Ghosh, by faith Hindu, by occupation – House wife,
residing at 71/209, MALATI NIBAS, NEAR 15 NO. RAILWAY
GATE, BARASAT ROAD, BARRACKPORE, North 24
Parganas, West Bengal, 700122, Ward No 6 hereinafter
called and referred to as the LANDLORD /OWNER of the
FIRST PART.
AND

Denzong Kitchen franchise owner Mr Sunny Rajak S/o Mr


Tarakeshwar Rajak, R/o 169 Prince Anwar Shah Road,
Tollygunge, Kolkata, West Bengal PAN Card No
BMTPR8093L agreed to open a FAST FOOD & TAKEAWAY
counter at 1ST FLOOR, 71/209, MALATI NIBAS, NEAR 15
NO. RAILWAY GATE, BARASAT ROAD, BARRACKPORE,
North 24 Parganas, West Bengal, 700122 Ward No
6(hereinafter referred to as the
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‘LICENSEES’ which expression shall unless excluded by or


repugnant to the context be deemed to include its
successors and assigns) OF THE OTHER PART.

WHEREAS the Licensor is absolutely seized and possessed


of and/or otherwise well sufficiently entitled to ONE
commercial room (approximately 300 sqft.) at Block marked
as “Number 2”, 1ST FLOOR, 71/209, MALATI NIBAS, NEAR
15 NO. RAILWAY GATE, BARASAT ROAD, BARRACKPORE,
North 24 Parganas, West Bengal, 700122 (hereinafter
referred to as the said premises).

AND WHEREAS the Licensee has approached the Licensor


for permission for the use and enjoyment of the said
premises for temporary accommodation for a period of not
exceeding 36 (Thirty six months) with annual increase of
10% of rental and the Licensor has agreed to grant,
reserving, for himself the care, maintenance and service to
the said premises and on the basis of ‘LEAVE AND
LICENCE’ only (which will stand ipso facto revoked on the
expiry of the said term) subject to the terms and conditions
of this Agreement of LEAVE AND LICENCE as mentioned
below:

TERMS AND CONDITION:

1. That this writing shall never be construed as a tenancy


agreement and/or Lease Agreement or otherwise
creating any other interest in the said premises in
favour of the Licensees and this Leave and License is
made simply to allow the Licensees (Occupiers), to
enjoy the said premises for the period of not exceeding
36 (Thirty Six months) with annual increase of 10% of
rental and the Licensor (Developer) shall personally
and/or through his own staff and/or representatives
oversee the care and supervision and maintenance and
service to the said premises subject to the Terms and
Conditions of this Agreement of Leave and License.

2. That the Licensees agrees to pay to the Licensor per


month a sum of Rs.2000.00 (Rupees: Two thousand
Only) + 10 % commission on the gross sales of the
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said premises from the date of signing and handing


over of the said premises to the Licensee according to
the English calendar on or before the 5th day of each
month for which it is payable by Bank transfer to Smt.
Malati Rani Ghosh, Account No 1536174302 CBI
Chiriarmore, Barrackpore IFSC Code CBIN0281090.
Utility bills for electricity and water will be charged as
per meter reading. Rates will be applicable as per
government charges.

3. A interest free security deposit of Rs. 1,00,000


(Rupees One lakh) needs to be paid at the time of
possession of the premise. The same will be refunded
within 15 days of vacation of the premise. 2 Months
prior notice needs to be served before vacating the
premises. All equipment’s placed by Licensee needs to
be removed within 7 days of vacating the premise.

4. That the Licensees shall not transfer, assigns, sublet or


underlet or part with possession of the said premises
or any position thereof any person or any organisation
or firm or association whatsoever.

5. That the Licensee of 1ST FLOOR, Block marked as


“Number 2” 71/209, MALATI NIBAS, NEAR 15 NO.
RAILWAY GATE, BARASAT ROAD, BARRACKPORE,
North 24 Parganas, West Bengal, 700122, is taking the
said premises for commercial purposes.

6. That the Licensee shall not cause any waste or damage


to the said premises reasonable wear and being
expected. No addition alteration is allowed without the
written consent of the Licensor.

7. That all repairs in the electrical installation shall be


carried out by the Licensee at their own cost.

8. That the Licensee shall keep and maintain the said


premises with all fittings and fixtures etc. in good
working condition at its own cost during the License
period and the Licensee shall be responsible to make
good for any loss or damage caused thereto by the
Licensee during the License period, reasonable wear
and tear being expected. The Licensee shall not be
held responsible for any damage done to the said
property by
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the act of God and/or due to any cause beyond its


control.

9. That the Licensee shall not make any nuisance and/or


cause any annoyance or disturbance in the said
premises or near thereof to others and the premises
shall not be used for any illegal, immoral and improper
nature contrary to the reputation of the building.
Proper garbage disposal needs to be followed as
guidelines.

10.That the Licensor shall be at liberty to inspect the said


premises as and when required by giving 48 hours’
notice to the Licensee to ensure against improper use
of the premises and the Licensee shall abide by the
direction of Licensor as to the manner of use of any
part thereof for proper maintenance of the premises.

11.That on the execution of the Agreement, the necessary


stamp and sundry expenses shall be borne by the
Licensee.

12.That if the License fee hereby reserved or any part


thereof shall remain unpaid for one month after the
same becomes due and payable or in case of any breach
of any more of the terms and condition hereof or the
Licensee be adjudged insolvent, it shall be lawful of the
Licensor notwithstanding any earlier waiver in respect
of the same to ‘RE ENTER THE SAID PREMISES’ and
immediately thereupon to revoke the Agreement
without prejudice to recover any due or claim
antecedent to the breach of the terms and conditions
herein contained.

13.That the Licensor being the developer of the said


premises will always cooperate with the Licensee in all
respect for the enjoyment of the said premises vice-
versa.
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14.That the Licensee shall strictly observe the aforesaid


terms and conditions and if the Licensee shall violate
and/or does not comply with any of the Terms and
Conditions as mentioned hereinabove they shall be
liable to eviction.

15.That the facilities that have been provided with the


license are mentioned in Annexure “A”. The Licensor
should maintain the facilities provided in the Annexure
“A” in as much as it falls in room Number 2.

16.That the Licensor shall keep the passage of ingress


and egress from ground floor to first floor and also the
passage between the other kitchens numbered as
“Room 1”, “Room 3”, “Room 4”, “Room 5”, “Room 6”
and “Room 7” completely empty and free from any
goods or equipment so that other kitchen partners,
delivery partners do not face any discomfort in walking/
using the area.

17.That the Licensee shall not use any other rooms


namely room 1, room 3, room 4, room 5, room 6, room 7
except room 2 for which the Leave and License
agreement has been entered.

18.That the Licensee shall use one common toilet and


washbasin with other kitchen partners.

IN WITNESS WHEREOF the parties hereto have executed


these presents on the day month and year first as above
written.

In the presence of Witness:

1.
LICENSEE/OCCUPIER
2.
LICENSOR /DEVELOPER

ANNEXURE “A”

1. Exhaust system
2. RO plant
3. Fire safety
4. Two tube lights
5. Fire suppression
6. Two taps

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