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Agreements
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use this sample agreement copy and modify them for your use.
BUSINESS CENTRE
AGREEMENT - COMMERCIAL
This agreement made
at Mumbai this _______________ day of the year Two Thousand.
BETWEEN
M/s. ______________________, represented by MR.__________________
, Mumbai, hereinafter referred to as "The Party of The First
Part", (which expression shall, unless it be repugnant to
the context or meaning thereof, be deemed to mean and include his
heirs,
executors and administrators) of the One Part.
AND
M/s. ____________, a company incorporated under the Companies Act
and having its registered office at ________________ hereinafter
referred to as "The Party of The Second Part" (which expression
shall, unless it be repugnant to the context or meaning thereof,
be deemed to mean and include his heirs, executors and administrators)
of the Other Part.
WHEREAS :
I) The Party of The
First Part is carrying on business of providing services in the
name and style of M/s. ___________________ in the premises situated
at _____________, hereinafter referred as "The Centre" and
for that purpose has made the agreement to render business centre
facilities to persons/offices/firms who need such facilities
for
their business temporarily.
II) The Party of The Second Part has requested The Party of The
First Part to grant such facilities.
III) The Party of The First Part has agreed to grant the same on
the terms and conditions hereinafter.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HEREDO AS FOLLOWS :
1. The Party of The
First Part agrees to provide to the party of The Second Part Business
Centre facilities for its business premises at _____________________,
during the office hours hereinafter mentioned and also to make available
other ancillary, office facilities, amenities convenience and services
provided herein during the week from Monday to Saturday excluding
Sunday's and public holidays.
2. The Party of The First Part has agreed to render the following
services to the Party of the Second Part.
a] The use of the
furniture fixtures, fittings and office equipment's provided at
The Centre.
b] Two Telephone connections
No.________ to make and receive telephone calls and
__________ for the fax messages.
c] To provide arrangements
for reception, pantry and one toilet in respect to their staff
and visitors.
d] To further facilities
which the Party of The First Part at it discretion's considers necessary
to provide to the Party of the Second Part from time to time.
3. The party of the
Second Part agrees and undertakes :
a) Not to bring in any furniture fixtures and fittings for their
use therein except with prior written consent of the Party of The
First Part.
b) To take all reasonable
and good care of the said premises and furniture, fixtures and fittings,
equipment's, AC, etc. provided therein and not to cause any damage
(other than natural wear and tear) therein or to any part thereof.
c) To use the said
centre only for business purpose and in a lawful manner and in any
event not to carry out any immoral or illegal activities / business
and to conduct itself decently without causing any disturbances,
nuisance or annoyance to others availing the facilities at the said
centre.
d) Not to carry out
any alteration, additions, improvements, repairs or waste at the
centre.
e) Not to bring or
store any banned/hazardous items or things.
f) Not to do any
act, deed or business whereby the insurance policy taken out
by the Party
of The First Part in respect of The Centre and its furniture, fixtures & fittings,
equipment's, AC, etc., is liable to be rendered void or violable
or unenforceable.
g) To strictly abide
by the rules and regulations of The Centre as intimates to the party
of the Second Part from time to time.
4. a) The party of
the First Part has intimated to the party of the Second Part that
at the present the timing of the centre is 9.30 a.m. to 6.30 p.m.
from Monday top Saturday (the centre shall remain close on Sundays
and certain public holidays under the negotiable Instrument Act).
However, as a special case, the party of the First Part shall make
available to the party of the Second Part the facilities at the
centre from 9.00 a.m. to 7.30 p.m.
b) The party of the
First Part shall at the requests mad by the party of the Second
Part permit the party of the Second Part to use of the facilities
at the Centre beyond office hours and holidays provided the party
of the First Part has necessary staff available to attend to the
centre beyond the office hours and / or holidays at such reasonable
extra charges as may be decided by the party of the First Part from
time to time.
5. Though the rules
of the centre does not permit the fixing of the name plates at the
entrance to the centre, as a special case on request of the party
of the Second Part, the party of the First Part has permitted the
party of the Second Part to affix the small name plate at the entrance
of the centre and to use the address of the centre on its letter
heads.
6. At the request
of the party of the Second Part and as a special case the party
of the First Part has agreed to make available the facilities at
the centre to the party of the Second Part for a period of three
(3) years. The said period of three years shall commence from _________
and expires from ___________. This Agreement shall be extended for
future period of three (3) years on such terms and conditions both
the parties may jointly decide.
7. a) In consideration
for the service to be rendered by the party of the party of the
First Part to the party of the Second Part, the party of the
Second
Part shall pay to the party of the First Part as and by way of
service charges a sum of Rs. _______/- only ( RUPEES _____only)
per month
(in advance every month) for the first year & a sum of Rs.
_____/- only (RUPEES _____only) per month for the second year
and a sum of Rs. _____/- only (RUPEES _____only) per month for the
third year. Such service charges shall be paid on the First day
of each month in advance.
b) Electricity charges
for electricity consumed shall be billed by the party of the first
part on actuals and the party of the second part shall reimburse
the same within seven days of the receipt of the bill. Further to
pay such bills in time may result in penalties extra securities
demanded by BSES and reconnection charges which shall be borne by
the party of the second part. The party of the second part has handed
over to the party of the First Part, 36 post dated cheques towards
the monthly service charges. Without Prejudice to the other rights
of the First Part under section 138 of the Negotiable Instruments
Act and
other remedies in law including terminations of this due dates the
party of the first part shall be entitled to recover interest and
extra service charges @ 3% per mensem from the date the service
charges are due till payments . In case the Party of the Second
part is in arrears of payments of service charges for three months
without prejudice to its other rights in law the party of the First
part shall be entitled to forfeit the entire security deposit.
c) The party of the
Second Part shall pay in advance a sum of Rs.______ (Rupees_____)
p.a. as annual membership fee for the Centre by three post dated
cheques dated ______, _____ and __________.
d) The charges for
the use of Telephone and Fax by the party of the Second Part shall
be billed on actuals and the party of the Second Part shall pay
the same bills within one week of the bills in respect of thereof
Failure to pay such bills in Time may result in penalty extra Security
Deposit asked by MTNL, reconnection charges etc., which shall be
borne by the Party of the Second Part.
8. As security deposit
for the due observance and performance of the terms, conditions
and obligations herein the party of the Second Part shall deposit
with the party of the First Part a sum equivalent to the aggregate
of Twelve (12) months service charges. Accordingly, the party of
the Second Part shall keep Deposit a sum of Rs._______/- only (Rupees_____
only) as and by way of interest free security deposit.
a) On the expiry
of this agreements by efflux of time i.e. three (3) years the
said
Security deposit shall be returned without interest in the following
manner :i) Rs______ (Rupees
________only ) by post dated cheque dated _______ii)
Balance of Rs________ ((Rupees _________________only) within a
period of
four 4 months after adjusting such dues including damages of furnitures,
fixtures, fittings equipments etc., as may be payable by the party
of the second part to the party of the First part.
iii) Party of the
Second part will pay further sum of Rs ___________ (Rupees _________only)
interest free deposit against such two telephone connections at
the time of signing of this agreement . Which will be refunded simultaneously
on the termination of this agreement and after clearing their belongings
also wharsoever.
9. The party of the First Part shall appoint a proper person to
open the said centre at 9.00 a.m. and close at 7.30 p.m., punctually
in order to enable the party of the Second Part to commence its
activities from the said Centre.
10. The party of the
First Part shall not be responsible for any loss or damage to the
belongings, goods, articles, documents, papers, valuables of the
party of the Second part lying at the Centre by reason of theft
or for any other reason whatsoever. The party of the Second Part
shall bring in and keep its goods, belongings, articles, documents,
papers, valuables, at its risk.
11. It is agreed by
the party of the Second Part to the party of the First Part that
any relaxation or indulgence by the party of the First Part shall
not in any case prejudice the rights of the party of the First Part
under this agreement and shall not be construed in any way add,
alter, amend or vary this agreement or part thereof.
12. In the event of
any breach of any provisions of this agreement the party of the
First Part shall be entitled to terminate this Agreement by giving
Fifteen (15) days notice.
13. On the expiry
of this Agreement or sooner determination thereof the party of the
Second Part shall remove its belongings if any, from the Business
Centre.
14. The party of the
Second Part undertakes to remove all such belongings upto the end
of the last day of the working day in the event of failure on the
party of the Second Part to remove all such belongings for any reason
whatsoever. The party of the First Part shall be entitled to charge
damages / extra service charges at the rate of Rs.____/-( Rupees
____ Only) per day - including of public and bank holidays) shall
have also lien on such belongings till full payment is made to the
satisfaction of The
party of the First Part by the party of the Second Part, over the
above payment payable by virtue of this presents
15. The court in Mumbai
alone will have Jurisdiction in respect of any disputes or differences
arising between the parties. WITNESS WHEREOF parties hereto have
hereunto set and subscribed these
respective hands and seats the day and year first hereinabove written.SIGNED,
SEALED AND DELIVERED ) by the withinnamed party of the ) First
Part
______________________________ )Partner
................................................... )in
the presence of .......................................... )
SIGNED, SEALED AND
DELIVERED )by the withinnamed
party of the )Second Part ____________________________
)by the hands of .............................................
)
in the presence of
.......................................... )WITNESSED
BY _________________________ )
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