Common use of Covenants of the Lessee Clause in Contracts

Covenants of the Lessee. 3.1 The LESSEE shall enter upon and take possession of the said allotted plot as it is, within 15 days from the date of execution of this lease deed, in consideration whereof the LESSEE has paid 100% of plot cost, annual lease rent and caution deposit. Failure to do so will entitle the LESSOR to cancel the allotment and execute the cancellation deed. 3.2 The LESSEE will take possession of the plot in ‘as is where is’ condition and no further demand for any development, such as earth filling, raising the level etc., shall be entertained. Any other improvement or developments inside the allotted plot is purely at the discretion of the LESSEE. Any cost incurred for such development will be borne by the LESSEE. 3.3 The LESSEE shall utilize the allotted plot only for the purpose for which it was allotted by the LESSOR and for which approvals are granted by the Competent Authorities. 3.4 The LESSEE shall, at its own cost, construct and maintain access roads leading from the Industrial Park to the said plot in strict accordance with the specifications and details prescribed by the LESSOR. 3.5 The LESSEE shall insure all the fixed assets in the plot and renew the insurance periodically. 3.6 The LESSEE shall keep the LESSOR indemnified against any and all claims for damages which may be caused to any adjoining buildings or other premises as a consequence of the erection of the buildings and industrial installations by the LESSEE. The LESSEE shall also keep the LESSOR indemnified against all payments whatsoever which, during the progress of work, may become payable or be demanded by the Local Authority in respect of the said works, or of anything done under the authority herein contained. 3.7 With the consent of the LESSEE, the LESSOR shall have the right of access into and utilising any portion of the allotted plot, as required at all times, for the purpose of laying pipelines, cables, underground drainages, channels, or providing such other common facility. The LESSOR shall have further right within the area of the allotted plot including the building standing thereon as and when felt necessary by the LESSOR, to lay down, place, maintain, alter, remove or repair any pipes, pipe lines, conduits for service lines, posts, or other appliances or apparatus in, on, under, over, along or across the plot in such area for the purposes of providing any common amenities or services for the Industrial Park and the same may be done either directly by any person either generally or specially authorised by the LESSOR in this behalf and the LESSEE agrees for the same. 3.8 During the period of lease the LESSEE at their expense will keep the buildings, premises and other structures clean, free from defect and in good condition. 3.9 The LESSEE shall implement and conform to the various conditions in this deed in relation to the allotted plot at all times. 3.10 Ten percent of the jobs in the Industrial units coming up in the Industrial Park, shall be reserved to the members of the families of landowners whose lands have been acquired for the Industrial Park, subject to eligibility as per qualifications prescribed, mutually agreed upon by the parties, for the jobs. 3.11 The LESSEE shall complete construction of building and implement the project within 36 months from the date of registration of lease deed. However, if the LESSEE requests for extension of duration for implementation of the project, the LESSOR shall grant extension of time subject to penalty as per the prevailing policy of the LESSOR. Failure will entail cancellation and resumption of the allotted plot as per the Clause 12 of this deed. 3.12 The LESSEE shall comply with the conditions applicable to it, in the Environmental Clearance/Approvals/NOC obtained from the respective Competent Authorities by the LESSOR from time to time. 3.13 The LESSEE is committed to bring the Eligible Fixed Assets (EFA) (a) Land (----- in acres) - Rs…….. lakhs (b) Buildings ( square feet) - Rs.------ lakhs (c) Plant & Machinery (New/ second hand) - Rs.------ lakhs (d) Total EFA - Rs……lakhs and provide minimum employment of 50 persons within the investment period of (three / four / seven years or as stipulated in specific Government order to avail 10% land cost incentive for the extent of land allotted as back ended subject to a ceiling of 20% of Eligible Fixed Assets. After completion of stipulated investment period, the LESSEE shall furnish a certificate for the EFA created and employment generated as defined in Tamil Nadu Industrial Policy 2021 during the said investment period duly certified by Statutory Auditors in case of companies and Tax Auditors in case of other legal entities to avail land cost incentive as mentioned above.

Appears in 1 contract

Samples: Lease Deed

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Covenants of the Lessee. 3.1 The LESSEE 'Lessee' shall enter invest a minimum amount as agreed upon and take possession in Clause 2 (d) of the said allotted plot as it isMOU in 'Sector A' which will include investment in movable and immovable assets and construction buildings, within 15 days plant and equipment, hardware and software deployed in creation facilities/campus inside 'Sector A' and shall build a minimum of 2,50,000 Sq. Ft. of IT/ITES space in 'Sector A' in phases, and the entire project shall be completed over a period of 3 years from the date of execution obtaining possession of 'Sector A'. The Lessee shall ensure employment generation as agreed upon in the MOU. 4.1 The 'Lessee' shall commence construction/site infrastructure work of the project within 6 months from the date of taking possession of 'Sector A' or upon receiving all statutory approvals to commence construction of the project, which ever is later. It is hereby agreed that as of the date of this lease deedDeed, Lessee is in consideration whereof the LESSEE has paid 100% of plot cost, annual lease rent and caution deposit. Failure to do so will entitle the LESSOR to cancel the allotment and execute the cancellation deedfull compliance with this Section. 3.2 4.2 The LESSEE will take possession of the plot in ‘as is where is’ condition and no further demand for any development, such as earth filling, raising the level etc., shall be entertained. Any other improvement or developments inside the allotted plot is purely at the discretion of the LESSEE. Any cost incurred for such development will be borne by the LESSEE. 3.3 The LESSEE 'Lessee' shall utilize the allotted plot only 'Sector A' for the purpose for which it was allotted by the LESSOR is leased i.e., for IT or ITES purposes and not for which approvals are granted by the Competent Authoritiesany other purpose. 3.4 4.3 The LESSEE shall'Lessee' undertakes to inform 'Lessor' about the details of Finance(s) raised (if any) on the security of 'Sector A', at its own cost, construct and maintain access roads leading from time to time till the Industrial Park Loan(s) is/are re-paid to the said plot in strict accordance with the specifications and details prescribed by the LESSORfinancial agencies. 3.5 4.4 The LESSEE Lessee shall have (a) the right to sub-lease / license out 'Sector A' and any development / infrastructure constructed thereon either in whole or in part(s) to one or more units and shall keep the Lessor informed in advance. 4.5 The Lessee shall pay all Taxes, charges, rates, and outgoings of whatsoever in respect of the Sector A premises to the competent authorities. 4.6 The Lessee shall insure all the fixed assets in the plot and renew the insurance periodically. 3.6 The LESSEE shall keep the LESSOR indemnified against buildings together with all fittings & fixtures, machines etc. with any and all claims Insurance Company for damages which may be caused loss due to any adjoining buildings or other premises as a consequence of the erection of the buildings and industrial installations by the LESSEEfire, earthquake, storm, flood etc. The LESSEE shall also keep the LESSOR indemnified against all payments whatsoever which, during the progress of work, may become payable or be demanded by the Local Authority in respect of the said works, or of anything done under the authority herein contained. 3.7 With the consent of the LESSEE, the LESSOR shall have the right of access into and utilising any portion of the allotted plot, as required at all times, for the purpose of laying pipelines, cables, underground drainages, channels, or providing such other common facility. The LESSOR shall have further right within the area of the allotted plot including the building standing thereon as and when felt necessary by the LESSOR, to lay down, place, maintain, alter, remove or repair any pipes, pipe lines, conduits for service lines, posts, or other appliances or apparatus in, on, under, over, along or across the plot in such area for the purposes of providing any common amenities or services for the Industrial Park and the same may be done either directly by any person either generally or specially authorised by the LESSOR in this behalf and the LESSEE agrees for the same. 3.8 During through out the period of lease the LESSEE at their expense will keep the buildings, premises and other structures clean, free from defect and in good conditionlease. 3.9 The LESSEE shall implement and conform to the various conditions in this deed in relation to the allotted plot at all times. 3.10 Ten percent of the jobs in the Industrial units coming up in the Industrial Park, shall be reserved to the members of the families of landowners whose lands have been acquired for the Industrial Park, subject to eligibility as per qualifications prescribed, mutually agreed upon by the parties, for the jobs. 3.11 The LESSEE shall complete construction of building and implement the project within 36 months from the date of registration of lease deed. However, if the LESSEE requests for extension of duration for implementation of the project, the LESSOR shall grant extension of time subject to penalty as per the prevailing policy of the LESSOR. Failure will entail cancellation and resumption of the allotted plot as per the Clause 12 of this deed. 3.12 The LESSEE shall comply with the conditions applicable to it, in the Environmental Clearance/Approvals/NOC obtained from the respective Competent Authorities by the LESSOR from time to time. 3.13 The LESSEE is committed to bring the Eligible Fixed Assets (EFA) (a) Land (----- in acres) - Rs…….. lakhs (b) Buildings ( square feet) - Rs.------ lakhs (c) Plant & Machinery (New/ second hand) - Rs.------ lakhs (d) Total EFA - Rs……lakhs and provide minimum employment of 50 persons within the investment period of (three / four / seven years or as stipulated in specific Government order to avail 10% land cost incentive for the extent of land allotted as back ended subject to a ceiling of 20% of Eligible Fixed Assets. After completion of stipulated investment period, the LESSEE shall furnish a certificate for the EFA created and employment generated as defined in Tamil Nadu Industrial Policy 2021 during the said investment period duly certified by Statutory Auditors in case of companies and Tax Auditors in case of other legal entities to avail land cost incentive as mentioned above.

Appears in 1 contract

Samples: Co Developer Agreement (Virtusa Corp)

Covenants of the Lessee. 3.1 The LESSEE ‘Lessee’ shall enter invest a minimum amount as agreed upon and take possession in Clause II (3) of the said allotted plot as it isAgreement to Sale in ‘Sector A’ (which will include fixed assets including movable and immovable assets and construction buildings, plant and equipment, hardware and software deployed in creation facilities/campus including investment made in existing facility) or Lessee agreeing to employ 857 employees within 15 days a period of 3 years from the date of execution taking possession or alternatively within one month after completion of 3years Lessee refunds the rebate to the extent of shortfall in the employment of eligible employees. 4.1 The ‘Lessee’ shall commence construction/site infrastructure work of the project within 6months from the date of taking possession of ‘Sector A’ or upon receiving all statutory approvals to commence construction of the project, which ever is later. It is hereby agreed that as on the date of this lease deedDeed, Lessee is in consideration whereof the LESSEE has paid 100% of plot cost, annual lease rent and caution deposit. Failure to do so will entitle the LESSOR to cancel the allotment and execute the cancellation deedfull compliance with this Section. 3.2 4.2 The LESSEE will take possession of the plot in as is where isLesseecondition and no further demand for any development, such as earth filling, raising the level etc., shall be entertained. Any other improvement or developments inside the allotted plot is purely at the discretion of the LESSEE. Any cost incurred for such development will be borne by the LESSEE. 3.3 The LESSEE shall utilize the allotted plot only ‘Sector A’ for the purpose for which it was allotted by the LESSOR is leased i.e., for IT or ITES purposes and not for which approvals are granted by the Competent Authoritiesany other purpose. 3.4 4.3 The LESSEE shall‘Lessee’ undertakes to inform ‘Lessor’ about the details of Finance(s) raised (if any) on the security of ‘Sector A’, at its own cost, construct and maintain access roads leading from time to time till the Industrial Park Loan(s) is/are re-paid to the said plot in strict accordance with the specifications and details prescribed by the LESSORfinancial agencies. 3.5 4.4 The LESSEE Lessee shall have (a) the right to sub-lease / license out ‘Sector A’and any development / infrastructure constructed thereon either in whole or in part(s) to one or more units and shall keep the Lessor informed in advance. 4.5 The Lessee shall pay all Taxes, charges, rates, and outgoings of whatsoever in respect of the Sector A premises to the competent authorities. 4.6 The Lessee shall insure all the fixed assets in the plot and renew the insurance periodically. 3.6 The LESSEE shall keep the LESSOR indemnified against buildings together with all fittings & fixtures, machines etc. with any and all claims Insurance Company for damages which may be caused loss due to any adjoining buildings or other premises as a consequence of the erection of the buildings and industrial installations by the LESSEEfire, earthquake, storm, flood etc. The LESSEE shall also keep the LESSOR indemnified against all payments whatsoever which, during the progress of work, may become payable or be demanded by the Local Authority in respect of the said works, or of anything done under the authority herein contained. 3.7 With the consent of the LESSEE, the LESSOR shall have the right of access into and utilising any portion of the allotted plot, as required at all times, for the purpose of laying pipelines, cables, underground drainages, channels, or providing such other common facility. The LESSOR shall have further right within the area of the allotted plot including the building standing thereon as and when felt necessary by the LESSOR, to lay down, place, maintain, alter, remove or repair any pipes, pipe lines, conduits for service lines, posts, or other appliances or apparatus in, on, under, over, along or across the plot in such area for the purposes of providing any common amenities or services for the Industrial Park and the same may be done either directly by any person either generally or specially authorised by the LESSOR in this behalf and the LESSEE agrees for the same. 3.8 During through out the period of lease the LESSEE at their expense will keep the buildings, premises and other structures clean, free from defect and in good conditionlease. 3.9 The LESSEE shall implement and conform to the various conditions in this deed in relation to the allotted plot at all times. 3.10 Ten percent of the jobs in the Industrial units coming up in the Industrial Park, shall be reserved to the members of the families of landowners whose lands have been acquired for the Industrial Park, subject to eligibility as per qualifications prescribed, mutually agreed upon by the parties, for the jobs. 3.11 The LESSEE shall complete construction of building and implement the project within 36 months from the date of registration of lease deed. However, if the LESSEE requests for extension of duration for implementation of the project, the LESSOR shall grant extension of time subject to penalty as per the prevailing policy of the LESSOR. Failure will entail cancellation and resumption of the allotted plot as per the Clause 12 of this deed. 3.12 The LESSEE shall comply with the conditions applicable to it, in the Environmental Clearance/Approvals/NOC obtained from the respective Competent Authorities by the LESSOR from time to time. 3.13 The LESSEE is committed to bring the Eligible Fixed Assets (EFA) (a) Land (----- in acres) - Rs…….. lakhs (b) Buildings ( square feet) - Rs.------ lakhs (c) Plant & Machinery (New/ second hand) - Rs.------ lakhs (d) Total EFA - Rs……lakhs and provide minimum employment of 50 persons within the investment period of (three / four / seven years or as stipulated in specific Government order to avail 10% land cost incentive for the extent of land allotted as back ended subject to a ceiling of 20% of Eligible Fixed Assets. After completion of stipulated investment period, the LESSEE shall furnish a certificate for the EFA created and employment generated as defined in Tamil Nadu Industrial Policy 2021 during the said investment period duly certified by Statutory Auditors in case of companies and Tax Auditors in case of other legal entities to avail land cost incentive as mentioned above.

Appears in 1 contract

Samples: Lease Deed (Virtusa Corp)

Covenants of the Lessee. 3.1 The LESSEE shall enter upon and take possession of the said allotted plot as it is, within 15 days from the date of execution of this lease deed, in consideration whereof the LESSEE has paid 100% of plot cost, annual lease rent and caution deposit. Failure to do so will entitle the LESSOR to cancel the allotment and execute the cancellation deed. 3.2 The LESSEE will take possession of the plot in ‘as is where is’ condition and no further demand for any development, such as earth filling, raising the level etc., shall be entertained. Any other improvement or developments inside the allotted plot is purely at the discretion of the LESSEE. Any cost incurred for such development will be borne by the LESSEE. 3.3 The LESSEE shall utilize the allotted plot only for the purpose for which it was allotted by the LESSOR and for which approvals are granted by the Competent Authorities. 3.4 The LESSEE shall, at its own cost, construct and maintain access roads leading from the Industrial Park to the said plot in strict accordance with the specifications and details prescribed by the LESSOR. 3.5 The LESSEE shall insure all the fixed assets in the plot and renew the insurance periodically. 3.6 The LESSEE shall keep the LESSOR indemnified against any and all claims for damages which may be caused to any adjoining buildings or other premises as a consequence of the erection of the buildings and industrial installations by the LESSEE. The LESSEE shall also keep the LESSOR indemnified against all payments whatsoever which, during the progress of work, may become payable or be demanded by the Local Authority in respect of the said works, or of anything done under the authority herein contained. 3.7 With the consent of the LESSEE, the LESSOR shall have the right of access into and utilising any portion of the allotted plot, as required at all times, for the purpose of laying pipelines, cables, underground drainages, channels, or providing such other common facility. The LESSOR shall have further right within the area of the allotted plot including the building standing thereon as and when felt necessary by the LESSOR, to lay down, place, maintain, alter, remove or repair any pipes, pipe lines, conduits for service lines, posts, or other appliances or apparatus in, on, under, over, along or across the plot in such area for the purposes of providing any common amenities or services for the Industrial Park and the same may be done either directly by any person either generally or specially authorised by the LESSOR in this behalf and the LESSEE agrees for the same. 3.8 During the period of lease the LESSEE at their expense will keep the buildings, premises and other structures clean, free from defect and in good condition. 3.9 The LESSEE shall implement and conform to the various conditions in this deed in relation to the allotted plot at all times. 3.10 Ten percent of the jobs in the Industrial units coming up in the Industrial Park, shall be reserved to the members of the families of landowners whose lands have been acquired for the Industrial Park, subject to eligibility as per qualifications prescribed, mutually agreed upon by the parties, for the jobs. 3.11 The LESSEE shall complete construction of building and implement the project within 36 months from the date of registration of lease deed. However, if the LESSEE requests for extension of duration for implementation of the project, the LESSOR shall grant extension of time subject to penalty as per the prevailing policy of the LESSOR. Failure will entail cancellation and resumption of the allotted plot as per the Clause 12 of this deed. 3.12 The LESSEE shall comply with the conditions applicable to it, in the Environmental Clearance/Approvals/NOC obtained from the respective Competent Authorities by the LESSOR from time to time. 3.13 The LESSEE is committed to bring the Eligible Fixed Assets (EFA) - (a) Land (----- in acres) - Rs…….. . ----- lakhs (b) Buildings ( (----- square feet) - Rs.------ – Rs. ------ lakhs (c) Plant & Machinery (New/ ( New / second hand) - Rs.------ – Rs. ------ lakhs (d) Total EFA - Rs……– Rs lakhs and provide minimum employment of 50 persons within the investment period of (three Three years / four years / seven years or as stipulated in specific Government order to avail 10% land cost incentive for order. In this regard, the extent of land allotted as back ended subject to a ceiling of 20% of Eligible Fixed AssetsLESSEE furnished an undertaking in the format prescribed by XXXXXX. After completion of stipulated investment period, the LESSEE shall furnish a certificate for the EFA created and created, employment generated as defined in Tamil Nadu Industrial Policy 2021 during the said investment period and the Land Cost Subsidy availed is not beyond 20% of EFA duly certified by Statutory Auditors in case of companies and Tax Auditors in case of other legal entities to avail for the land cost incentive availed as mentioned above” If not complied with the conditions for the land cost incentive availed, the LESSEE has to repay the land cost incentives availed with interest fixed by SIPCOT, otherwise necessary action will be taken by SIPCOT to recover the incentive / subsidy amount extended with interest as fixed by SIPCOT / Government from time to time.

Appears in 1 contract

Samples: Lease Deed

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Covenants of the Lessee. 3.1 The LESSEE shall enter upon Lessee hereby covenants and take possession agrees with the Lessor as follows: a. That it will promptly pay the rent as herein specified without notice. There will be a Late Fee of fifty dollars ($50.00) or ten percent (10%) of the said allotted plot monthly rent, whichever is greater, if rent is not received by the fifth (5th) day of each month. If rent has not been paid by the tenth (10th) day of any month, the Late Fee will be an additional ten dollars ($10.00) per day, retroactive to the first day of the month. If Tenant is served a 3-Day Notice for failure to pay rent, there will be a charge of seventy five dollars ($75.00) to cover administrative costs. If a check is returned unpaid by your bank, for any reason, there will be a returned check fee in the amount of twenty-five dollars ($25.00) or five percent (5%) of the check, whichever amount is greater. If a check is returned unpaid, all future payments must be by cash, cashiers check or money order. All costs defined above shall be considered "additional rent", and will be due and payable as it is, within 15 days from the date of execution of this lease deed, in consideration whereof the LESSEE has paid 100% of plot cost, annual lease rent and caution deposit. Failure to do so will entitle the LESSOR to cancel the allotment and execute the cancellation deedsuch. 3.2 The LESSEE b. That it will take possession keep the interior portion of the plot Demised Premises and the improvements placed therein in ‘as a good state of repair, and it will be responsible for all repairs including the painting, maintenance and interior repairs to the interior of the building including all windows, doors and openings, all electrical, heating, plumbing, air conditioning and other systems installed within or without of the building. It is where is’ condition intended that the Lessor will maintain the exterior masonry of the building and no further demand roof area only; the Lessee shall maintain everything else. It is acknowledged, however, that if Xxxxxx installs and maintains T.V. antennas, air conditioning and/or signs, lighting, and/or other equipment, objects or materials and the like, on the roof of the Premises (and such installation shall be only on the roof directly over the Premises leased by the Lessee), the Lessee shall be solely responsible for all of said area over the Demised Premises and any developmentother area affected by the installation or maintenance work thereon. c. That it will use the dumpsters solely for the disposal of normal office trash, such as earth fillingi.e. papers, raising the level lunch bags, etc., shall and at no time will cardboard containers be entertained. Any other improvement or developments inside the allotted plot is purely at the discretion of the LESSEE. Any cost incurred for such development will be borne by the LESSEE. 3.3 The LESSEE shall utilize the allotted plot only for the purpose for which it was allotted by the LESSOR and for which approvals are granted by the Competent Authorities. 3.4 The LESSEE shall, at its own cost, construct and maintain access roads leading from the Industrial Park to the said plot in strict accordance with the specifications and details prescribed by the LESSOR. 3.5 The LESSEE shall insure all the fixed assets placed in the plot and renew the insurance periodicallydumpsters for removal. 3.6 The LESSEE shall keep the LESSOR indemnified against any and all claims for damages which may be caused to any adjoining buildings or other premises as a consequence of the erection of the buildings and industrial installations by the LESSEE. The LESSEE shall also keep the LESSOR indemnified against all payments whatsoever which, during the progress of work, may become payable or be demanded by the Local Authority in respect of the said works, or of anything done under the authority herein contained. 3.7 With the consent of the LESSEE, the LESSOR shall have the right of access into and utilising any portion of the allotted plot, as required at all times, for the purpose of laying pipelines, cables, underground drainages, channels, or providing such other common facility. The LESSOR shall have further right within the area of the allotted plot including the building standing thereon as and when felt necessary by the LESSOR, to lay down, place, maintain, alter, remove or repair any pipes, pipe lines, conduits for service lines, posts, or other appliances or apparatus in, on, under, over, along or across the plot in such area for the purposes of providing any common amenities or services for the Industrial Park and the same may be done either directly by any person either generally or specially authorised by the LESSOR in this behalf and the LESSEE agrees for the same. 3.8 During the period of lease the LESSEE at their expense will keep the buildings, premises and other structures clean, free from defect and in good condition. 3.9 The LESSEE shall implement and conform to the various conditions in this deed in relation to the allotted plot at all times. 3.10 Ten percent of the jobs in the Industrial units coming up in the Industrial Park, shall be reserved to the members of the families of landowners whose lands have been acquired for the Industrial Park, subject to eligibility as per qualifications prescribed, mutually agreed upon by the parties, for the jobs. 3.11 The LESSEE shall complete construction of building and implement the project within 36 months from the date of registration of lease deed. However, if the LESSEE requests for extension of duration for implementation of the project, the LESSOR shall grant extension of time subject to penalty as per the prevailing policy of the LESSOR. Failure will entail cancellation and resumption of the allotted plot as per the Clause 12 of this deed. 3.12 The LESSEE shall comply with the conditions applicable to it, in the Environmental Clearance/Approvals/NOC obtained from the respective Competent Authorities by the LESSOR from time to time. 3.13 The LESSEE is committed to bring the Eligible Fixed Assets (EFA) (a) Land (----- in acres) - Rs…….. lakhs (b) Buildings ( square feet) - Rs.------ lakhs (c) Plant & Machinery (New/ second hand) - Rs.------ lakhs (d) Total EFA - Rs……lakhs and provide minimum employment of 50 persons within the investment period of (three / four / seven years or as stipulated in specific Government order to avail 10% land cost incentive for the extent of land allotted as back ended subject to a ceiling of 20% of Eligible Fixed Assets. After completion of stipulated investment period, the LESSEE shall furnish a certificate for the EFA created and employment generated as defined in Tamil Nadu Industrial Policy 2021 during the said investment period duly certified by Statutory Auditors in case of companies and Tax Auditors in case of other legal entities to avail land cost incentive as mentioned above.

Appears in 1 contract

Samples: Office / Warehouse Lease Agreement (Diamond Powersports Inc)

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