LICENSOR’S COVENANTS. The Licensor hereby agrees, undertakes and covenants with the Licensee as follows:
(a) That upon the Licensee observing and performing the stipulations and covenants herein contained to be observed and performed by it, the Licensee shall during the period of this Agreement, use and occupy the Premises without interference from the Licensor or any person or persons claiming under or through it.
(b) that the Licensor has the sole and absolute possession of the Premises, has proper title to the Premises and has the full power and absolute right and authority to grant unto the Licensee the Premises to use the same for its business activities,
(c) that there is no mortgage, charge, encumbrance, impediment or restraint or injunction against the Licensor or in respect of the Premises that would in any way affect the Licensee’s rights under this Agreement. Further, the Licensor undertakes that it shall not, during the subsistence of this Agreement, create any charge, mortgage or other encumbrance over the Premises or assign, transfer or otherwise deal with the Premises in such a manner so as to prejudice the rights of the Licensee hereunder.
(d) that it has obtained comprehensive insurance policy/ies designed to cover all risks associated with the Premises and shall provide a copy of such insurance policy/ies to the Licensee on the date of execution hereof. The Licensor further undertakes that it shall duly and promptly pay all premiums/ fees in connection with the said insurance policy/ies during the subsistence of this Agreement.
(e) that the Licensor shall, install back to back standby diesel generators to enable the said generators to generate adequate power and support for the entire Premises including the electricity requirements of the Licensee.
(f) subject to Clause 6, that the Licensor shall bear all the expenses towards maintenance and upkeep in relation to the air-conditioning provided by the Licensor.
(g) subject to applicable local and municipal regulations, that the Licensee shall be entitled to put up nameplates and signages in respects of its business at such places in the Premises as may seem appropriate to the Licensee.
(h) that the Licensor shall, in the event of termination/expiry of this Agreement, and simultaneously upon the peaceful vacation of the Premises (duly debonded) by the Licensee, refund to the Licensee the whole of the Security Deposit subject to and as provided in Clause 3.2 above.
(i) that the Licensor has obtained all the requis...
LICENSOR’S COVENANTS. The Licensor covenants as follows:
(a) To operate, repair and maintain the Building and Building systems in a safe and proper operating condition and in accordance with accepted building industry standards;
(b) To use the same standard of care to protect the Licensee’s Wires and Licensee’s Telecommunications Equipment that the Licensor would use with its own property;
(c) Not to damage, tamper, interfere or connect to Licensee’s Wires and Licensee’s Telecommunications Equipment;
(d) That any consent or approval of the Licensor pursuant to the terms of this License shall not be unreasonably withheld, conditioned or delayed;
(e) If the operation of other equipment or the activities of third parties in or in respect of the Building interferes with the operation of Licensee’s Wires or Licensee’s Telecommunications Equipment, the Licensor shall, to the extent that it is commercially reasonable, upon being provided by the Licensee with written notice and reasonable particulars concerning the nature of the interference, extend reasonable efforts to assist the Licensee in obtaining removal or amelioration of the interference within a time frame that is appropriate having regard to the nature and extent of the interference; and
(f) The Licensor shall immediately notify the Licensee in the event of any sale, conveyance, assignment or transfer (collectively, a “Transfer”) of all or part of a Building (the “Subject Building”). Upon any Transfer, the Licensor will use commercially reasonable efforts to cause the transferee to execute and deliver to the Licensee an agreement whereby the transferee agrees to assume and be bound by all the rights and obligations of the Licensor as set out herein as they apply to the Subject Building as if the transferee was an original signatory hereof (the “Assumption”). Upon the date any such sale or Assumption becomes effective, the Licensor shall be released from its obligations under this Agreement in respect of the Subject Building (save and except for any outstanding obligations arising hereunder prior to such sale or Assumption).
LICENSOR’S COVENANTS. The Licensor covenants with the Licensee as follows:
LICENSOR’S COVENANTS. The Licensor covenants with the Licensee that subject to the Licensee complying with the conditions specified in Schedule 1 below it will comply with the conditions specified in Schedule 2 below
LICENSOR’S COVENANTS. LICENSOR shall timely comply with all terms and conditions of the Prime Lease throughout the term of the applicable SLA. LICENSOR shall not take any action that would cause a default under or result in early termination of the Prime Lease. Upon the receipt by LICENSOR of a notice of default under such Prime Lease that, in the LICENSOR’s sole opinion, will adversely impact LICENSEE, LICENSOR shall promptly provide notice to LICENSEE. LICENSOR shall not take any action that would result in early termination of any Prime Lease during the term of the applicable SLA. If LICENSOR or an Affiliate or Subsidiary acquires the interest of the Owner in the Premises or Site, the merger of the Prime Lease will not cause a termination of the SLA.
LICENSOR’S COVENANTS. The Licensor covenants that, subject to the terms of this Agreement, neither the Licensor (or any of its assignees thereof) nor any of its Affiliates shall take or cause to be taken any action contrary to the Licensee’s rights under this Agreement to use, and have quiet enjoyment of, the Marks within the Territory. Without limiting the generality of the foregoing, the Licensor shall use reasonable endeavours to ensure that any contract for the sale by the Licensor or its Affiliates of Products using the BOLS VODKA xxxx outside the Territory shall incorporate clauses which prevent the counterparty to such contract from actively selling Products using the BOLS VODKA xxxx into the Territory.
LICENSOR’S COVENANTS. 8.1 The Licensor hereby confirms that save and except creating security by way of mortgage / charges in or upon the said licensed premises in favour of Bank / Financial Institution for raising finance, the Licensor has not created any third party interest in the Licensed Premises. In the event the Licensor defaults the payments of such mortgage, the Licensor shall indemnify and hold harmless the Licensee and shall safeguard all the rights of the Licensee, till the term of this Agreement including extensions if any.
8.2 Notwithstanding anything contained in this Agreement, the parties hereto expressly agree and declare that the Licensor shall be entitled at its discretion to sell and / or otherwise dispose of the Licensed Premises or any portion thereof during the subsistence of this Agreement to any third party whomsoever with a prior written notice of a period of 60 (Sixty) days to the Licensee. Provided however that such third party enters into an identical agreement with the Licensee for the remainder of the License period of this Agreement and the rights of the Licensee are not affected in any manner.
8.3 That the Licensor represents and warrants that it is a lawful owner and titleholder of the Licensed Premises and is fully empowered, authorized and able to execute this Leave and License Agreement.
8.4 That the Licensor represents and warrants that the Licensed Premises including the building in which the Licensed Premises are situated having constructed strictly as per the approved plan of Municipal Authorities / Town Planning bodies in Pune and there is no deviation or violation of such approved / sanctioned plan. Besides, all necessary permissions and approvals in respect of constructing, using and occupying the building in which the Licensed Premises are situated have been duly obtained and the terms and conditions stipulated therein have been and is being duly complied with.
8.5 That the Licensee shall be fully able to access the Licensed Premises from the main road and approach road connecting the building with the main road, without any let, hindrance, obstruction or objection of whatsoever nature from anybody.
LICENSOR’S COVENANTS. The Licensor covenants with the Licensee:
LICENSOR’S COVENANTS. (1) The Licensor shall be solely responsible for the Facility Owner Responsibilities as set out in Clause F of the MOU.
LICENSOR’S COVENANTS. 11.1 Subject to clause 2.2 and 5.2, of this Licence Agreement, (and such other limitations or reservations provided for herein), the Licensor covenants with the Licensee for quiet enjoyment.
11.1 The Licensor shall make reasonable efforts to complete any exercise by the Licensor of its rights under clause 2.2 of this indenture, expeditiously, and upon such completion shall restore the Licensed Area substantially to its condition immediately prior to such exercise.
