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LEAVE AND LICENSE AGREEMENT

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 Covenants of the Licensee


The Licensee shall only use the Unit for the agreed Purpose and shall maintain the structural
integrity and upkeep of the Unit during the Term. The Licensee further agrees not to store any
hazardous goods in the Unit/Property or in the surrounding areas of the Property.

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 Covenants of the Licensor

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. TERMINATION AND CONSEQUENCES OF TERMINATION

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

1. Occupancy Charges: INR 3,999 per month.

2. License cycle: first day of the month to last day of the month

3. Payment Terms: due on 1st of every month; payable in advance

4. Last Due Date: 5th day of the every month

5. Late Payment Charges: INR. 300 per day for any delay beyond last due date*

6. Payment Mode: Payment Link/Bank Transfer/Cheque

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. initial fitting and furnishing charges


ii. DTH and Wi-Fi charges (fixed plan)
iii. weekly housekeeping
9. Occupancy Charges Exclusions

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:

i. any late payment charges, TDS(if any)


ii. any damage/penalties/ interest/fine charges,
ii. any damage/penalties/ interest/fine charges,
iii. any unpaid utility charges
iv. any other dues towards Licensor
inadequate notice period i.e. notice of less than 30 days calls for full
v.
forfeiture
vi. adjustments, if any, for move out before charge cycle ends.
Subject to the above mentioned provision, the parties further agree that the IFRSD in this Agreement and
/or at the time of renewal, is subject to escalations in accordance to the Occupancy Charges.

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

1. Residents are expected to take care of their belongings at all times.


Residents should keep their valuables locked in their own custody safely. OYO is not responsible for any
theft or mishap occurring to a Resident on account of any other Co-Residents or act of any third party.
Also, any unexpected damages occurred by externalities like theft, electricity outage etc would be outside
the purview of OYO’s responsibilities.
2. Residents are expected to take due care and make reasonable usage of all the furniture,
appliances, infrastructure and services in the premises.
Residents are expected to share common amenities and spaces in a cordial way without bothering other
co-residents. Cost of any repairs/replacements for any damages in the room or the common area caused
by a Resident will be recovered immediately or adjusted in his/her Security Deposit. Any damages in
common area or within room, where there are multiple roommates in a room, will be evenly distributed
amongst all active residents, unless the actual culprit is brought forward by the community unanimously.
Residents are also expected to keep the premises clean from any spillovers and damage.
3. Residents are expected to recharge electricity and make payment directly via the prepaid meters.
Resident shall be responsible for recharging their prepaid meters, provided by OYO, for their electricity
consumption. Electricity recharge to be done directly by the residents through the online channel
communicated by OYO.
OYO shall not be recharging any of the meters or arbitrate amongst the Co-Residents in case there is a
dispute between the Co-Residents regarding the same.
4. Residents are expected not to tamper or fiddle around with the Prepaid Electricity Meters, WiFi
Routers, CCTV Cameras, Locks, TV etc provided in the facility.
OYO has a zero tolerance policy towards any infrastructure damage as this has serious ramifications on
its service delivery. CCTV cameras installed in the facility are not meant for Resident’s viewing in any
case and cannot be demanded as matter of right. Any Resident found tampering/fiddling with the same
would be asked to vacate the facility immediately with his/her Security Deposit forfeited.
5. Residents are required inform at least 30 days in advance for extension of their stay.
Residents who are keen extend their beyond the due check-out date are required to place this request to
the OYO property manager at least 30 days in advance. The extension of stay will be subject to
availability and will confirmed after completing all the payment formalities. In this case, OYO will also
issue a revised agreement.
6. Residents are expected to maintain cordial behavior with other Co-Residents. Any kind of verbal
or physical abuse affecting the living environment will not be tolerated.
OYO shall not be responsible for the interpersonal behavior of any Resident(s) and arbitration of any
disputes between any of the Residents. Any act of abuse or vandalism of any kind will lead to immediate
termination from the facility with forfeiture of Security Deposit and possibility of legal action by OYO based
on the gravity of the situation.
7. Residents are expected to be responsible for their guests’ behavior in common areas and are NOT
allowed to entertain them in their rooms or for overnight stays.
Guest policy of OYO allows the Residents to occasionally entertain guests in the facility, with prior
permission of OYO staff and property manager, without causing discomfiture to other Co-Residents. They
are expected to be responsible for reasonable behavior of their guests and ensure that there is no conflict
on account of the same. Guests for visits should exit the premises by 10 PM. Overnight stay of the guests
is allowed only after taking OYO’s prior permission- not more than 2 guests are allowed to stayover at any
time. Sleeping the common spaces is not encouraged.
Any complaints by other Co-Residents on account of the same could lead to strict penal action against
the offending Resident.
8. Residents are expected to behave professionally with OYO staff and abide by the guidelines of
harmonious stay at OYO.
OYO reserves the right to showcase the rooms in the facility to other prospective clients at all times.
Interrupting any sales visit or causing any direct or indirect disruption in the same will lead to penal
financial implications for the offending Resident.
Misbehavior or misconduct (physical or verbal) with the Property Manager, Chef, Housekeeper, Guard or
other staff in OYO property will lead to immediate termination of stay at OYO with forfeiture of Security
Deposit. Depending upon the gravity of the matter, OYO reserves the right to take legal action against the
offending Resident.

9. Discouragement of Illegal Activities and sexual harassment.


9. Discouragement of Illegal Activities and sexual harassment.
Any indecent / illegal conduct or breach of contract can lead to immediate termination of contract and the
resident will be asked to vacate the property within 48 hours of receiving a formal notice from OYO with
security deposit standing forfeited.
Resident, or a guest or other person under the Resident’s control shall not engage in illegal activity,
including drug-related illegal/immoral activity, on or near the Residential Facility. Resident, or a guest or
other person under the resident’s control shall not engage in acts of violence or threats of violence,
including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity,
intimidation, or any other breach of this Agreement that otherwise jeopardizes the health, safety or
welfare of the co-habitants in and near the Residential Facility. A single violation of this provision shall be
deemed a serious violation and material non-compliance with the Agreement and shall constitute a good
cause for immediate termination of the Agreement, the Resident shall be liable to vacate the Residential
Facility within 3(three) days of such termination.
OYO has zero tolerance policy against any form of sexual harassment. Any case of verbal, mental or
physical abuse will lead to immediate eviction from the property with the charges and security deposit
forfeited. OYO also has the right to report such cases to the police authorities.
10. No firearms and weapons are allowed in the house.
11. No assignment/transfer of rights.
The rights and privileges associated with residence/accommodation in the Residential Facility are
personal to the Resident and cannot be assigned/transferred to any third-party by contract or by any
proceeding under any law or otherwise.
12. GUEST HOSTING POLICY
i. No guests, including but not limited to parents/relatives/friends, are allowed overnight stay without
prior written permission for Licensor.
ii. The Licensee shall be held responsible for conduct of his/her guests in the premise & its
consequences thereafter. Any financial losses incurred shall be borne by the Licensee.
13. THEFT POLICY
The Licensee shall be responsible for his/her belongings in the scheduled premise. The Licensor shall not
be liable for any theft of personal belongings of the Licensee. In case of theft/loss of any furnishing or
appliance or furniture, all the Licensee shall be held responsible if established by law enforcement agencies
that such loss was caused due to the negligence of the Licensee and the Licensor shall have the right to
recover money from Licensee towards compensation of such loss.

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