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This Leave and License Agreement (hereinafter referred as “Agreement”) is executed at Bangalore, on
this <Signed Day> day of <Signed Month>, <Signed Year> (“Execution Date”)
by and between:
OYO Apartments Investments LLP, a company incorporated under Companies Act, 2013, having its
registered office at E 43/1, Okhla Industrial Area, Phase 2, Delhi 110020 and corporate office at 9th Floor,
Spaze Palazo, Sector 69, Periphery Road, Gurgaon, Haryana – 122018, (hereinafter referred to as “OYO”
or “Licensor”, which expression shall, unless it be repugnant to the context or meaning hereof, be
deemed to include its successors and permitted assigns) of the FIRST PART;
AND
<Full Name>, s/o/d/o/w/o. <Father/Husband Name>, aged about <Age> years, having Permanent Account
Number (PAN) <PAN No>, Tax deduction and Collection Account Number (TAN) <TAN No> (if applicable),
<Full Address> (hereinafter referred to as the “Licensee”, which expression shall, unless it be repugnant
<Full Address> (hereinafter referred to as the “Licensee”, which expression shall, unless it be repugnant
to the context or meaning hereof, mean and include his/her/its legal heirs and permitted assigns) of the
SECOND PART.
WHEREAS:
A. OYO is entitled to the possession of a property located at 26/15 Electronic City Phase II, Electronic
City, Bangalore, 26/15 Electronic City Phase II, Electronic City, with OYO property reference number
OYO Life 36002 Silicon Town Electronic City Phase 2 Near HICAL (“Property” or “Scheduled
Premises”). The Property comprises of 32 (number of rooms) individual rooms.
B. The Licensee has approached the Licensor with a request to give for temporary occupancy and use
Bed No 306-306b of Room No (Unit) in the Scheduled Premise and enjoy the use of the associated
common areas for residential purpose on leave and license basis (“Purpose).
C. In consideration of the Licensee having agreed to pay the Occupancy Charges and all other charges,
the Licensor has agreed to enter into this Agreement with the Licensee on the terms and conditions
stipulated in this Agreement and as per the commercial terms and conditions as provided in the
Annexure- B.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES AS UNDER:
1. TERM - OYO hereby grants to the Licensee a revocable leave and license, to occupy the Unit (as
described in Annexure A, without creating any tenancy rights, or, title and interest in favour of the
Licensee for a period of 10 months and 30 days commencing from the Execution Date 2019-05-05(“
Term”) till 2020-04-04. The Licensee shall not terminate this Agreement for a period of <Lock In
Period> months from the Execution Date (“Lock-in”). The Term of this Agreement may further be
renewed by mutual agreement in writing between the Parties.
However it is agreed between the parties that the renewal of this Agreement shall be permitted by the
Licensor, provided that:
a. The Licensee has communicated to the Licensor by a written notice at least thirty (30) days prior
to the expiry of the license Term its intention to renew the Agreement for the the renewal term.
b. The Licensee has been performing all its obligations under this Agreement to the satisfaction of
the Licensor including but not limited to payment of Occupancy Charges.
1.1 It is further agreed between the Parties that a fresh Agreement shall be executed for the
License renewal term.
1.2 The Licensee shall be liable to pay escalations in payments under this license Agreement.
2. Occupancy Charges - The Licensee shall pay an advance amount for occupying the space in the
premises as Occupancy Charges and deposit the same as per the terms set out in Annexure B.
These charges shall be payable monthly. Payment of Occupancy charges is subject to deduction of
TDS (if applicable). Provided that the Licensee shall provide the relevant certificate of TDS deducted to
licensor, in accordance with the provisions of the Income Tax Act, 1961 and the rules framed there
under. If the Licensee does not deposit the amount deducted as TDS by the Licensee to the
Governmental Authority on time and Licensor has to pay such amount to the Governmental Authority/
concerned authority then the Licensor shall be entitled to collect the amount deducted as TDS by the
Licensee along with the interest and penalties etc. payable to the Governmental Authority/ concerned
authority.
3. Utilities Charges – The Licensee shall make payment of electricity charges for the consumption of
utility in it’s room based on proportionate consumption per the prepaid individual room metering.
4. COVENANTS OF THE LICENSEE AND THE LICENSOR
4.1.1 The Licensee shall not do anything in the Unit/Property or in the surrounding areas of the
Property, which is or is likely to cause a nuisance to the other occupants of the units located
in the Property or prejudice in any manner the rights of OYO in respect of the Property/Unit.
4.1.2 That the Licensee shall not make or permit to do any alteration or addition to the
construction or arrangements (internal or external) to the Unit without obtaining the prior
written consent of OYO.
4.1.3 The Licensee shall not undertake any unlawful activities prohibited by law in the
Unit/Property or in the surrounding areas of the Property.
4.1.4 The Licensee shall allow OYO to inspect the Unit at reasonable hours without prior
intimation.
4.1.5 The Licensee shall follow the house rules as set out in Annexure C.
4.1.6 The Licensee covenants that its guests are only allowed to visit the Unit but not to stay. It is
further covenanted that if Licensee’s friends or family are there to stay then the Licensee
shall sign a separate bond for additional bed.
4.1.7 The Licensee covenants that it shall make timely payments to the Licensor and further in the
event of non-payment of Occupancy Charges and/ or other charges including but not limited
to Utility Charges on or before the due date under this Agreement, the Licensor shall have
right to enter into the Unit and shall be entitled to sell/ auction all the movable properties to
recover its dues and the Licensee agrees that it shall not have any objection to the same.
4.1.8 By accepting this Agreement, the Licensee also accepts the additional online terms and
conditions as made available on and which shall constitute an integral part of the
Agreement.
4.2.1 The Licensor reserves the right to collect late payment charges (for non-payment or delayed
payment by the Licensee) and other special charges (if any) from the Licensee as set out in
Annexure B.
4.2.2 In the event of failure to pay the occupancy charges within a period of 15 days from the due
date by the Licensee, the Licensor shall have the right to terminate the Agreement. In such
event, the Licensee agrees to vacate the property immediately.
4.2.3 The Licensor shall have the right to forfeit the Interest Free Refundable Security Deposit of
the Licensee and terminate the agreement with a 48-hour notice in the event of termination
of this Agreement solely on account of occurrence of, including but not limited to the any of
the followingevent:
a. Written complaint has been issued from the housing society/association against the
Licensee and/ or Licensor and/ or owner violating the reasonable community living
guidelines.
b. In the event of the Licensee using the scheduled premise or Unit for reasons other than
the agreed Purpose.
c. In the event of non-adherence of the house rules the Licensee as set out in Annexure
C.
4.2.4 The Parties agree that incase the lease deed stands terminated between the Licensor and
the owner of the Premises due to any reason whatsoever, this agreement shall stand
terminated forthwith and the Licensee shall cooperate with the Licensor in vacating and/or
handing over the Unit/ Premises to the Licensor.
5. Liability - If any damage is caused to the Unit or part thereof (except normal wear and tear), Licensor
5. Liability - If any damage is caused to the Unit or part thereof (except normal wear and tear), Licensor
shall be entitled to (i) Subject to the provision 10 of Annexure ‘A’, deduct the amount equivalent to the
loss or damage suffered from the Interest Free Refundable Security Deposit or (ii) make good the
damage or loss at its own cost and the Licensee shall be obligated to repay the amount incurred by
Licensor to make good the damage or loss within 2 (two) days from a written intimation being provided
by Licensor to the Licensee in this regard. Notwithstanding the foregoing, the aforementioned recourse
is in addition to any other resource that Licensor may have under law.
6. Indemnity - The Licensee shall indemnify and hold harmless the Licensor against all adjudicated
claims, demands, actions, suits or cause of actions arising from any act committed or omitted by the
Licensee or arising out of breach of the terms and conditions/representations/covenants committed by
the Licensee under this Agreement.
7.1 This Agreement may be terminated by either Party by giving 1 (one) month prior written notice to the
other Party at the end of the calendar month or by mutual consent of the Parties.
7.2 Subject to the provision of clause 4.1.7 the Licensor shall have the right to terminate this Agreement
forthwith during the Term, in case the Licensee has failed to pay the charges for period of 15 days or
any other payments due under this Agreement, collectively or individually and/or on account of
breach of any term of this Agreement by the Licensee.
7.3 In the event of termination or expiry of this Agreement, the Licensee will pay Licensor the outstanding
charges and other dues as of the date of termination or expiry of this Agreement.
7.4 Immediately at the expiration or termination of this Agreement the Licensee shall vacate the Unit
without any delay with all his/her goods and belongings. In the event the Licensee failing and/or
neglecting to remove himself/herself and/or his/her articles from the Unit on expiry or earlier
termination of this Agreement, the Licensor shall be entitled to recover damages at the rate of Rs.
<Not vacating per day charge> and/or alternatively shall be entitled to remove the Licensee and
his/her belongings from the Unit.
7.5 The Deposit shall be refunded by OYO to the Licensee within fifteen (15) workingdays from the
termination or expiry of this Agreement, subject to OYO having the right to set off or adjust any
outstanding dues recoverable from the Deposit in accordance to the provision 10 of Annexure ‘B’.
7.6 If the Unit is closed / locked by the Licensee consecutively for 15 days, without any intimation to the
Licensor, and as a result of such Premises unattended from inside, there is apprehension or threat to
the safety and security of the Unit, Premises or other occupants of the Premises, then the Licensee
authorizes the Licensor to enter into the Unit and take possession thereof. In such an event this
Agreement shall stand terminated forthwith and the Licensee shall not have any right, or claim over
the Unit. Any such action by the Licensor shall be without any prejudice to Licensor’s right to claim its
dues or avail other remedies available to Licensor.
8. Notices - All notices required to be given under this Agreement will be in writing and addressed to the
respective Party at the address provided in the name clause or at such other address as either Party
may, in writing, notify the other Party. Such notices shall be given by personal delivery or registered
airmail, or by facsimile to the numbers: <Tenant Phone>.
9. Governing Law and Dispute Resolution - This Agreement shall be governed in accordance with the
laws of India. Each of the Parties hereby submit to the sole and exclusive jurisdiction of the courts at
New Delhi, India. In the event of any dispute arising at any time between the Parties hereto as to the
construction of this Agreement or any clause contained herein or the rights and liabilities of the Parties
hereto in relation to the terms and conditions of this Agreement, the same shall be referred to a single
arbitrator chosen mutually by the Parties. In case the Parties are not able to mutually choose an
arbitrator within 30 (thirty) days from the date of the notice of a dispute, the dispute shall be referred to
an arbitration panel consisting of three (3) members where each Party shall appoint one (1) arbitrator
each and the arbitrators so appointed shall appoint the third arbitrator (who shall be the presiding
arbitrator). All such arbitration proceedings shall be held in New Delhi in accordance with the
arbitrator). All such arbitration proceedings shall be held in New Delhi in accordance with the
Arbitration and Conciliation Act 1996 as amended from time to time. The language of arbitration
proceedings shall be in English only.
10. Miscellaneous
10.1 Entire Agreement - This Agreement constitutes the entire agreement between the Parties regarding
the subject matter and supersedes all prior written or oral undertakings or agreements between the
Parties with respect thereto.
10.2 Waiver - Failure of either Party at any time to require performances of any provision of this
Agreement will not affect such Party’s right to require full performance at any time thereafter. Any
waiver by either Party of a breach of any provision hereof shall not be deemed a waiver by such
Party of its rights or remedies, or a waiver by it against any subsequent breach by the other Party.
10.3 Severability – In the event any part of this Agreement is held to be unenforceable in any respect, the
enforceability of the remaining portions of this Agreement will not be affected.
10.4 Amendment - This Agreement shall not be subject to any change, amendment or modification except
by the execution of an instrument in writing by the Parties hereto.
10.5 Assignment – OYO shall have the right to assign, convey or delegate this Agreement to any third
party(ies).
10.6 Costs - Each Party shall bear its own costs of and incidental to the drawing and preparation of this
Agreement.
10.7 Counterparts - This Agreement may be executed in several counterparts each of which shall be
deemed an original but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF THE PARTIES HAVE SET THEIR HANDS TO THIS AGREEMENT THROUGH
THEIR RESPECTIVE REPRESENTATIVES ON THE DATE, MONTH AND YEAR MENTIONED
HEREINABOVE.
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Annexure A
2. License cycle: first day of the month to last day of the month
5. Late Payment Charges: INR. 300 per day for any delay beyond last due date*
7. Bank Details:
Name
Bank Name
Bank Address
Account Number
IFSC Code
NEFT Code
*Note: Immediate vacation in case of delay beyond 15th day from start of month for which charges is due
8. Occupancy Charges Inclusions:
i. electricity charges at Rs. 10 per unit for the room on prepaid basis through individual room
meters
ii. water charges as per usage on apportionment.
iii. any items that is not covered under furnishing & fitting.
iv. daily wear and tear expenses like bulb/tube light replacement, etc
10. Interst Free Refundable Security Deposit(IFRSD): The Licensee shall maintain an amount equal to 1
(one) month of occupancy charges to the Licensor as IFRSD at the time of booking. Upon expiry/ earlier
termination of this Agreement and upon the Licensee surrendering peaceful, vacant and physical
possession of the Unit in as good condition as it was at the time when Licensee was handed over the Units
for its fit outs (reasonable wear and tear excepted), subject to the Licensee making payment of any and all
outstanding dues/penalties/ claims for damages (if any) under this Agreement, the Licensor shall refund the
entire security deposit as mentioned above to licensee, without any interest thereon within fifteen (15)
working days of Licensee delivering peaceful, vacant and physical possession of the Unit to the Licensor.
However it is agreed between the parties that the ISFRSD shall be subject to the adjustment or
deductions on account of:
For example:
If X’s Lock-in is from 01-Apr-18 to 31-Sep-18, and X decides to leave the premises on 01-Sep-18 (with or
without notice), the penalty will be of INR.7500 (adjustment of INR 1500 each month from April to August).
If X’s Lock-in is from 01-Apr-18 to 31-Dec-18, and X decides to leave the premises on 01-Sep-18 (with or
without notice), the penalty will be of INR.5000 (adjustment of INR 1000 each month from April to August). If
X decides to vacate the premises on 01-Jun-18, the penalty will be INR 5000 (INR 2500 adjustment for April
and May)
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ANNEXURE B
HOUSE RULES
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