Rights and Obligations. 5.1 The Lessee’s Responsibilities and Duties a) to obtain Applicable Permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.; b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees; c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period; d) to operate and maintain the Leased Area at all times in conformity with this Agreement and Applicable Laws; e) to be responsible for safety, soundness and durability of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws; f) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees etc.; g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters; h) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)) and to limit damage and nuisance to people and property resulting from development and operations, within guidelines specified as per Appilcable Laws and Applicable Permits; i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year. j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent. k) to duly supervise, monitor and control the activities of contractors/Sub- Lessees under their respective agreements as may be necessary; l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement; m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately; n) to take all reasonable precautions for the prevention of accidents on or about the Leased Area and provide all reasonable assistance and emergency medical aid to accident victims; o) not to permit any contractor or Sub-Lessee or other person, claiming through or under the Lessee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) or the assets of the Leased Space(s), or on any rights of the Lessee therein or under this Agreement, save and except as expressly permitted in this Agreement; p) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period; q) during execution of works, to keep the Leased Space(s) free from all unnecessary obstruction, and store the equipment or surplus materials dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters or otherwise to DMRC’s any other activites. r) within 30 (thirty) days of of the expiry of the Moratorium Period, to remove from the ‘Leased Space(s)’ all surplus machinery and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Space(s)’ in a neat and clean condition, and in conformity with the terms of this Agreement and Applicable Laws; except that the Lessee shall be entitled to retain on any Leased Space(s), until the expiry of the Lease Period, such equipment, materials and temporary works as required by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned at the cost of Lessee.
Appears in 6 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Rights and Obligations. 5.1 Licensee‟s Obligations: The Lessee’s Licensee‟s Responsibilities and DutiesDuties shall include the following, in addition to and without prejudice to other obligations under this Agreement:
a) to obtain Applicable Permitsdue permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, all commercial activities or infrastructure facilities including interior decoration, power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable LawsAgreement;
ec) to be responsible for safety, soundness and durability furnish “As Built Drawings” of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;premises within 30 days of completion of construction work.
fd) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
he) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)Licensed Kiosks Spaces) and to limit damage and nuisance to people and property resulting from development construction and operations, within guidelines specified as per Appilcable Applicable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
kf) to duly supervise, monitor and control the activities of contractors/Sub- Lessees , agents, etc., if any, under their respective agreements License Agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
ng) to take all reasonable responsible precautions for the prevention of accidents on or about the Leased Area site and provide all reasonable assistance and emergency medical aid to accident victims;; The Licensee sole is the sole responsible for all the cases arising due to accident / death during execution of contract / completion of work.
oh) not to permit any contractor or Sub-Lessee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) or the assets of the Leased Space(s), License Kiosks Spaces or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
pi) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) Licensed Kiosks Spaces free from all unnecessary obstruction, obstruction during execution of works and store the equipment or surplus materials materials, dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters Xxxxx Xxxxxxx, Commuters or otherwise to DMRC’s any other activitesCMRL‟s activities.
rj) at all times, to afford access to the Licensed Kiosks spaces to the authorized representatives of CMRL, other persons duly authorized by any Governmental Agency having jurisdiction over the business of Licensed Kiosks Spaces, to inspect the Licensed Kiosks Spaces and to investigate any matter within 30 (thirtytheir authority and upon reasonable notice; and
k) days of to comply with the divestment requirements and hand over the Licensed Kiosks Spaces to CMRL upon Termination of the expiry Agreement;
5.2 The Licensee shall be solely and primarily responsible to CMRL for observance of all the provisions of this License Agreement on behalf of the Moratorium PeriodLicensee, to remove from its employees and representatives and their employees and agents and any person acting under or for and on behalf of the ‘Leased Space(s)’ Licensee; contractor(s) appointed for the Licensed Kiosks Spaces as fully as if they were the acts or defaults of the Licensee, its agents or employees.
5.3 The Licensee shall comply with all surplus machinery rules and materials, including, without limitation, hazardous materials regulations under the Metro Railways (Operations and wastes, and keep the ‘Leased Space(s)’ Maintenance) Xxx 0000 & its amendments.
5.4 No tenancy/sub-tenancy is being created by CMRL in a neat and clean condition, and favour of Licensee under or in conformity with the terms pursuance of this Agreement and Applicable Laws; except that it is distinctly & clearly understood, agreed and declared by/ between the Lessee parties hereto that:
a) The Licensee shall not have or claim any interest in the said Kiosks Spaces/premises as a tenant/sub-tenant or otherwise.
b) The rights, which are set out in this Agreement is only having the license in relation to the finished premises.
c) The relationship between CMRL and Licensee under and/or in pursuance of this Agreement is as between Principal and Principal. Consequently, neither party shall be entitled to retain represent the other and/or make any commitment on behalf of and/or with traders or any Leased Space(s)other party. Furthermore, until no relationship in the expiry nature of Partnership or Association of persons is hereby being created or intended to be created between CMRL on the Lease Period, such equipment, materials one hand and temporary works as required Licensee on the other hand in connection with and/or relating business to be operated by it for Licensee at the purpose said premises.
5.5 The Licensee shall not assign or alienate any of fulfilling its obligations under rights or interest in this Lease Agreement in respect favour of operation any company / person at any time and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned at the cost of Lesseefor any reasons whatsoever.
Appears in 4 contracts
Samples: License Agreement, License Agreement, License Agreement
Rights and Obligations. 5.1 Licensee‟s Obligations: The Lessee’s Licensee‟s Responsibilities and DutiesDuties shall include the following, in addition to and without prejudice to other obligations under this Agreement:
a) to obtain Applicable Permitsdue permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, all commercial activities or infrastructure facilities including interior decoration, power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable LawsAgreement;
ec) to be responsible for safety, soundness and durability furnish “As Built Drawings” of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;premises within 30 days of completion of construction work.
fd) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
he) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)Licensed Shops/ Office Spaces) and to limit damage and nuisance to people and property resulting from development construction and operations, within guidelines specified as per Appilcable Applicable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
kf) to duly supervise, monitor and control the activities of contractors/Sub- Lessees , agents, etc., if any, under their respective agreements License Agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
ng) to take all reasonable responsible precautions for the prevention of accidents on or about the Leased Area site and provide all reasonable assistance and emergency medical aid to accident victims;
oh) not to permit any contractor or Sub-Lessee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) License Shops/ Office Spaces or the assets of the Leased Space(s)Licensed Shop‟s & Assets, or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
pi) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) Licensed Shops/ Office Spaces free from all unnecessary obstruction, obstruction during execution of works and store the equipment or surplus materials materials, dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters Xxxxx Xxxxxxx, Commuters or otherwise to DMRC’s any other activitesCMRL‟s activities.
rj) at all times, to afford access to the Licensed Shops/ Office spaces to the authorized representatives of CMRL, other persons duly authorized by any Governmental Agency having jurisdiction over the business of Licensed Shops/ Office Spaces, to inspect the Licensed Shops/ Office Spaces and to investigate any matter within 30 (thirtytheir authority and upon reasonable notice; and
k) days of to comply with the divestment requirements and hand over the Licensed Shops/ Office Spaces to CMRL upon Termination of the expiry Agreement;
5.2 The Licensee shall be solely and primarily responsible to CMRL for observance of all the provisions of this License Agreement on behalf of the Moratorium PeriodLicensee, to remove from its employees and representatives and further on behalf of the ‘Leased Space(s)’ their employees and agents and any person acting under or for and on behalf of the Licensee or the contractor (s) appointed for the Licensed Shops/ Office Spaces as fully as if they were the acts or defaults of the Licensee, its agents or employees.
5.3 The Licensee shall comply with all surplus machinery rules and materials, including, without limitation, hazardous materials regulations under the Metro Railways (Operations and wastes, and keep the ‘Leased Space(s)’ Maintenance) Xxx 0000 & its amendments.
5.4 No tenancy/sub-tenancy is being created by CMRL in a neat and clean condition, and favour of Licensee under or in conformity with the terms pursuance of this Agreement and Applicable Laws; except that it is distinctly & clearly understood, agreed and declared by/ between the Lessee parties hereto that:
a) The Licensee shall not have or claim any interest in the said Shops/ Office Spaces/premises as a tenant/sub-tenant or otherwise.
b) The rights, which Licensee shall have in relation to the said premises, are only those set out in this Agreement.
c) The relationship between CMRL and Licensee under and/or in pursuance of this Agreement is as between Principal and Principal. Consequently, neither party shall be entitled to retain represent the other and/or make any commitment on behalf of and/or with traders or any Leased Space(s)other party. Furthermore, until no relationship in the expiry nature of Partnership or Association of persons is hereby being created or intended to be created between CMRL on the Lease Period, such equipment, materials one hand and temporary works as required Licensee on the other hand in connection with and/or relating business to be operated by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned Licensee at the cost of Lesseesaid premises.
Appears in 3 contracts
Samples: License Agreement, License Agreement, License Agreement
Rights and Obligations. 5.1 The LesseeLicensee’s Responsibilities and DutiesDuties shall include the following, in addition to and without prejudice to other obligations under this Agreement:
a) to obtain Applicable Permitsdue permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, all activities or infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;facilities
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable LawsLicense Agreement;
e) to be responsible for safety, soundness and durability of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
fc) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the depot/station as a result of his activities or any of its agents, contractors, Subsub-Lessees Licensee, etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
hd) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)Licensed Space) and to limit damage and nuisance to people and property resulting from development construction and operations, within guidelines specified as per Appilcable Applicable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
ke) to duly supervise, monitor and control the activities of contractors/Sub- Lessees , sub- licensees, agents, etc., if any, under their respective agreements License Agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
nf) to take all reasonable responsible precautions for the prevention of accidents on or about the Leased Area site and provide all reasonable assistance and emergency medical aid to accident victims;
og) not to permit any contractor or Sub-Lessee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all whole or any part of Leased Space(s) or the assets of the Leased Space(s)Licensed Spaceor its assets, or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
ph) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) Licensed Space free from all unnecessary obstruction, obstruction during execution of works and store the equipment or surplus materials materials, dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters Depots/Xxxxx Xxxxxxx, Commuters or otherwise to DMRC’s activities;
i) at all times, to afford access to the Licensed Space to the authorised representatives of DMRC, other persons duly authorised by any other activites.Governmental Agency having jurisdiction over the business at Licensed Space, to inspect the Licensed Space and to investigate any matter within their authority and upon reasonable notice;
rj) within 30 (thirty) days of to comply with the divestment requirements and hand over the Licensed space to DMRC upon Termination of the expiry Agreement;
k) to ensure that no foul/ unpleasant smell shall spread out from the premises of the Moratorium Period, to remove from the ‘Leased Space(s)’ all surplus machinery and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Space(s)’ in a neat and clean condition, and in conformity licensee;
l) To ensure that its equipment does not interfere with the terms function of this Agreement and Applicable Laws; except DMRC’s equipment installed at the depots/station. The Licensee is advised to obtain prior written consent from DMRC for installing such equipment. However, DMRC reserves the right to refuse installation of the equipment if it is of the opinion that the Lessee Licensees equipment shall be entitled to retain on any Leased Space(s), until interfere with the expiry of the Lease Period, such equipment, materials and temporary works as required by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned at the cost of Lesseedepot/station installations.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Rights and Obligations. 5.1 6.01 The Lessee’s Responsibilities and DutiesLicensee shall:
a) to obtain Applicable PermitsCoordinate the set-up and timely removal of services required for the operation of the Pop-up (eg. portable washrooms, necessary approvalsportable generators, clearances and sanctions from the competent authorities for building planstables, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunicationwaste receptacles, etc.) and pay any associated fees and charges;
b) Obtain all permits, including Special Occasion Permits from the Alcohol and Gaming Commission of Ontario (“AGCO”), required to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in operate the performance of its obligations under this Agreement including those being performed by any of its contractors/SubPop-Lesseesup;
c) to furnish DMRC with the “As built” Drawings Abide by all requirements and permit conditions of the Leased Space(s) within the Moratorium PeriodAGCO;
d) to operate Obtain a Certificate from the Medical Officer of Health stating that all health and maintain sanitation requirements for the Leased Area at all times in conformity Pop-up have been met, and will ensure the number of portable washrooms comply with this Agreement and Applicable Lawssatisfy the requirements of the Region of Durham Health Unit and the AGCO;
e) to be responsible for safety, soundness and durability Ensure the Pop-up is appropriately staffed during all hours of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelawsoperation;
f) Only operate the Pop-up between the hours of 7:00 a.m. and 9:00 p.m., Sunday to ensure that no structural damage is caused to the existing buildings Thursday, and other permanent structures at the station as a result of his activities or any of its agents7:00 a.m. and 11:00 pm., contractors, Sub-Lessees etc.Friday and Saturday;
g) to ensure at Be responsible for all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience staffing, relief, pay, supervision, discipline, health and safety hazard for training, employment insurance, leaves, uniforms all other matters arising from the station structure relationship between the employer and commuterstheir employees or their volunteers, as applicable, in accordance with the Employment Standards Act;
h) to take all reasonable steps to protect Be responsible for conducting their own negotiations with their suppliers, including the environment (both on and off the Leased Space(s)) and to limit damage and nuisance to people and property resulting from development and operations, within guidelines specified as per Appilcable Laws and Applicable Permitsadministration of their own contracts;
i) to submit Be responsible for the annual audited results removal of this Leased Space(s) to DMRC on or before 30th waste from operation of Junethe Pop- up, every year.including waste generated from Pop-up patrons;
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect Reimburse the Landlord for fifty percent (50%) of the cost of new fencing installed around the perimeter of the Licensed Space acknowledging that the Landlord shall retain one hundred percent (100%) ownership in said Leased Area, including land, as leviable, except for ground rent.fencing at the end of the Term;
k) Return any keys provided to duly supervise, monitor and control them by the activities Licensor upon the expiration or termination of contractors/Sub- Lessees under their respective agreements as may be necessarythe Licence;
l) to make reasonable efforts to maintain harmony Be responsible for maintaining control over storage and good industrial relations among the personnel employed in connection with the performance safekeeping of the LesseeLicensee’s obligations under this Agreementproperty (such as inventory, money and equipment) within the Licenced Space;
m) to obtain and maintain in force all insurance in accordance with Not store any equipment or goods outside the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;Licenced Space; and,
n) to take all reasonable precautions for Not subcontract any services provided by the prevention Pop-up, without the prior written consent of accidents on or about the Leased Area and provide all reasonable assistance and emergency medical aid to accident victimsLicensor.
6.02 The Licensor shall:
a) Provide new fencing around the perimeter of the Licenced Space with fifty percent (50%) of the cost being reimbursed by the Tenant;
ob) not Provide an exemption to permit any contractor or Subthe Town of Whitby’s Noise By-Lessee or other person, claiming through or under law #6917- 14 and Public Parks and Park Buildings By-law #7419-18 to allow the Lessee, Licensee to create or place any encumbrance or security interest over all or any part of Leased Space(s) or operate the assets of the Leased Space(s), or Pop-up until 11:00 p.m. on any rights of the Lessee therein or under this Agreement, save Fridays and except as expressly permitted in this Agreement;
p) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass Saturdays during the entire Lease Occupancy Period;
qc) during execution of works, to keep the Leased Space(s) free from all unnecessary obstruction, and store the equipment or surplus materials dispose of such equipment or surplus materials in a manner that causes least inconvenience Provide keys to the Project Site Licensee to access the Licenced Space; and,
d) Co-ordinate the installation of Utilities subject to:
i) A written request from the Licensee committing to the full costs;
ii) The Licensor’s sole discretion as to the feasibility of servicing the Licenced Space (including cost and commuters or otherwise disruption to DMRC’s any other activites.the area); and,
riii) within 30 (thirty) days of the Licensor receiving a cash security, from the Licensee, for the initial cost estimate of the expiry of the Moratorium Period, to remove from the ‘Leased Space(s)’ all surplus machinery and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Space(s)’ in a neat and clean condition, and in conformity with the terms of this Agreement and Applicable Laws; except that the Lessee shall be entitled to retain on any Leased Space(s), until the expiry of the Lease Period, such equipment, materials and temporary works as required by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned at the cost of Lesseeservicing.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Rights and Obligations. 5.1 The Lessee’s Responsibilities and Duties
a) to obtain Applicable Permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Area at all times in conformity with this Agreement and Applicable Laws;
e) to be responsible for safety, soundness and durability of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
f) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
h) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)) and to limit damage and nuisance to people and property resulting from development and operations, within guidelines specified as per Appilcable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including Property Tax, stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
k) to duly supervise, monitor and control the activities of contractors/Sub- Lessees under their respective agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
n) to take all reasonable precautions for the prevention of accidents on or about the Leased Area and provide all reasonable assistance and emergency medical aid to accident victims;
o) not to permit any contractor or Sub-Lessee or other person, claiming through or under the Lessee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) or the assets of the Leased Space(s), or on any rights of the Lessee therein or under this Agreement, save and except as expressly permitted in this Agreement;
p) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) free from all unnecessary obstruction, and store the equipment or surplus materials dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters or otherwise to DMRC’s any other activites.
r) within 30 (thirty) days of of the expiry of the Moratorium Period, to remove from the ‘Leased Space(s)’ all surplus machinery and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Space(s)’ in a neat and clean condition, and in conformity with the terms of this Agreement and Applicable Laws; except that the Lessee shall be entitled to retain on any Leased Space(s), until the expiry of the Lease Period, such equipment, materials and temporary works as required by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned at the cost of Lessee.
Appears in 1 contract
Samples: Lease Agreement
Rights and Obligations. 5.1 The Lessee’s Responsibilities and Duties
a) to obtain Applicable Permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(sLand (area) within the Moratorium Period;
d) to operate and maintain the Leased Area Land (area) at all times in conformity with this Agreement and Applicable Laws;
e) to be responsible for safety, soundness and durability of the Leased Space(sLand (area) including other structures forming part thereof and their compliance with the local building byelaws;
f) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
h) to take all reasonable steps to protect the environment (both on and off the Leased Space(sLand (area)) and to limit damage and nuisance to people and property resulting from development and operations, within guidelines specified as per Appilcable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(sLand (area) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased AreaLand (area), including land, as leviable, except for ground rent.
k) to duly supervise, monitor and control the activities of contractors/Sub- Lessees under their respective agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s Lessee‟s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
n) to take all reasonable precautions for the prevention of accidents on or about the Leased Area Land (area) and provide all reasonable assistance and emergency medical aid to accident victims;
o) not to permit any contractor or Sub-Lessee or other person, claiming through or under the Lessee, to create or place any encumbrance or security interest over all or any part of Leased Space(sLand (area) or the assets of the Leased Space(sLand (area), or on any rights of the Lessee therein or under this Agreement, save and except as expressly permitted in this Agreement;
p) to ensure that such Leased Space(sLand (area) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(sLand (area) free from all unnecessary obstruction, and store the equipment or surplus materials dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters or otherwise to DMRC’s DMRC‟s any other activites.
r) within 30 (thirty) days of of the expiry of the Moratorium Period, to remove from the ‘Leased Space(s)’ „Land (area)‟ all surplus machinery and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Space(s)’ „Land (area)‟ in a neat and clean condition, and in conformity with the terms of this Agreement and Applicable Laws; except that the Lessee shall be entitled to retain on any Leased Space(sLand (area), until the expiry of the Lease Period, such equipment, materials and temporary works as required by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(sLand (area). .
s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area Land (area) in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area Land (area) and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(sLand (area) cleaned at the cost of Lessee.
t) to provide all assistance to the independent consultant / expert / independant auditor / arbitrator as it may require for the performance of its duties and services; u) at all times, to afford access to the Land (area) to the authorised representatives of DMRC, other persons duly authorised by any Governmental Agency having jurisdiction over the Land (area), to inspect the Land (area) and to investigate any matter within their authority and upon reasonable notice;
Appears in 1 contract
Samples: Lease Agreement
Rights and Obligations. 5.1 The LesseeLicensee’s Responsibilities and DutiesDuties shall include the following, in addition to and without prejudice to other obligations under this Agreement:
a) to obtain Applicable Permitsdue permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, all activities or infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;facilities
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable LawsLicense Agreement;
e) to be responsible for safety, soundness and durability of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
fc) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the depot/station as a result of his activities or any of its agents, contractors, Subsub-Lessees Licensee, etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
hd) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)Licensed Space) and to limit damage and nuisance to people and property resulting from development construction and operations, within guidelines specified as per Appilcable Applicable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
ke) to duly supervise, monitor and control the activities of contractors/Sub- Lessees , sub- licensees, agents, etc., if any, under their respective agreements License Agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
nf) to take all reasonable responsible precautions for the prevention of accidents on or about the Leased Area site and provide all reasonable assistance and emergency medical aid to accident victims;
og) not to permit any contractor or Sub-Lessee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all whole or any part of Leased Space(s) or the assets of the Leased Space(s)Licensed Spaceor its assets, or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
ph) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) Licensed Space free from all unnecessary obstruction, obstruction during execution of works and store the equipment or surplus materials materials, dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters Depots/Xxxxx Xxxxxxx, Commuters or otherwise to DMRC’s activities;
i) at all times, to afford access to the Licensed Space to the authorised representatives of DMRC, other persons duly authorised by any other activitesGovernmental Agency having jurisdiction over the business at Licensed Space, to inspect the Licensed Space and to investigate any matter within their authority and upon reasonable notice;
j) to comply with the divestment requirements and hand over the Licensed space to DMRC upon Termination of the Agreement;
k) to ensure that no foul/ unpleasant smell shall spread out from the premises of the licensee;
l) To ensure that its equipment does not interfere with the function of DMRC’s equipment installed at the depots/station. The Licensee is advised to obtain prior written consent from DMRC for installing such equipment. However, DMRC reserves the right to refuse installation of the equipment if it is of the opinion that the Licensees equipment shall interfere with the depot/station installations.
r) within 30 (thirty) days 5.2 The Licensee shall be solely and primarily responsible to DMRC for observance of all the provisions of this License Agreement on behalf of its employees and representatives and any person acting under or for and on behalf of the expiry Licensee; contractor (s) appointed for the Licensed Space as fully as if they were the acts or defaults of the Moratorium PeriodLicensee, to remove from its agents or employees.
5.3 The Licensee shall comply with all rules and regulations under the ‘Leased Space(s)’ all surplus machinery Metro Railways (Operations and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Space(s)’ Maintenance) Act 2002 & amendments thereto.
5.4 No lease/ tenancy/sub-tenancy is being created by DMRC in a neat and clean condition, and favour of Licensee under or in conformity with the terms pursuance of this Agreement and Applicable Laws; except that it is distinctly & clearly understood, agreed and declared by/ between the Lessee parties hereto that:
a) The Licensee shall not have or claim any interest in the licensed space as a lessee/ tenant/sub-tenant or otherwise.
b) The rights, which Licensee shall have in relation to the said premises, are only those set out in this Agreement.
c) The relationship between DMRC and Licensee under and/or in pursuance of this Agreement is as between Principal and Principal. Consequently, neither party shall be entitled to retain represent the other and/or make any commitment on behalf of and/ or with traders or any Leased Space(s)other party. Furthermore, until no relationship in the expiry nature of Partnership or Association of persons is hereby being created or intended to be created between DMRC on the Lease Period, such equipment, materials one hand and temporary works as required Licensee on the other hand in connection with and/or relating business to be operated by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned Licensee at the cost of Lesseesaid premises.
Appears in 1 contract
Samples: License Agreement
Rights and Obligations. 5.1 Licensee‟s Obligations: The Lessee’s Licensee‟s Responsibilities and DutiesDuties shall include the following, in addition to and without prejudice to other obligations under this Agreement:
a) to obtain Applicable Permitsdue permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, all commercial activities or infrastructure facilities including interior decoration, power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable LawsAgreement;
ec) to be responsible for safety, soundness and durability To furnish “As Built Drawings” of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;premises within 30 days of completion of construction work.
fd) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
he) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)Licensed Shops/ Office Spaces) and to limit damage and nuisance to people and property resulting from development construction and operations, within guidelines specified as per Appilcable Applicable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
kf) to duly supervise, monitor and control the activities of contractors/Sub- Lessees , agents, etc., if any, under their respective agreements License Agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
ng) to take all reasonable responsible precautions for the prevention of accidents on or about the Leased Area site and provide all reasonable assistance and emergency medical aid to accident victims;
oh) not to permit any contractor or Sub-Lessee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) License Shops/ Office Spaces or the assets of the Leased Space(s)Licensed Shop‟s & Assets, or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
pi) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) Licensed Shops/ Office Spaces free from all unnecessary obstruction, obstruction during execution of works and store the equipment or surplus materials materials, dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters Xxxxx Xxxxxxx, Commuters or otherwise to DMRC’s any other activitesCMRL‟s activities.
rj) at all times, to afford access to the Licensed Shops/ Office spaces to the authorized representatives of CMRL, other persons duly authorized by any Governmental Agency having jurisdiction over the business of Licensed Shops/ Office Spaces, to inspect the Licensed Shops/ Office Spaces and to investigate any matter within 30 (thirtytheir authority and upon reasonable notice; and
k) days of to comply with the divestment requirements and hand over the Licensed Shops/ Office Spaces to CMRL upon Termination of the expiry Agreement;
5.2 The Licensee shall be solely and primarily responsible to CMRL for observance of all the provisions of this License Agreement on behalf of the Moratorium PeriodLicensee, to remove from its employees and representatives and further on behalf of the ‘Leased Space(s)’ their employees and agents and any person acting under or for and on behalf of the Licensee or the contractor (s) appointed for the Licensed Shops/ Office Spaces as fully as if they were the acts or defaults of the Licensee, its agents or employees.
5.3 The Licensee shall comply with all surplus machinery rules and materials, including, without limitation, hazardous materials regulations under the Metro Railways (Operations and wastes, and keep the ‘Leased Space(s)’ Maintenance) Act 2002 & its amendments.
5.4 No tenancy/sub-tenancy is being created by CMRL in a neat and clean condition, and favour of Licensee under or in conformity with the terms pursuance of this Agreement and Applicable Laws; except that it is distinctly & clearly understood, agreed and declared by/ between the Lessee parties hereto that:
a) The Licensee shall not have or claim any interest in the said Shops/ Office Spaces/premises as a tenant/sub-tenant or otherwise.
b) The rights, which Licensee shall have in relation to the said premises, are only those set out in this Agreement.
c) The relationship between CMRL and Licensee under and/or in pursuance of this Agreement is as between Principal and Principal. Consequently, neither party shall be entitled to retain represent the other and/or make any commitment on behalf of and/or with traders or any Leased Space(s)other party. Furthermore, until no relationship in the expiry of the Lease Period, such equipment, materials and temporary works as required by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned at the cost of Lessee.nature of
Appears in 1 contract
Samples: License Agreement
Rights and Obligations. 5.1 Licensee’s Obligations: The LesseeLicensee’s Responsibilities and DutiesDuties shall include the following, in addition to and without prejudice to other obligations under this Agreement:
a) to obtain Applicable Permitsdue permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, all activities or infrastructure facilities including interior decoration, power, water supply, drainage & sewerage, fire fightingfirefighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable LawsAgreement;
ec) to be responsible for safety, soundness and durability furnish “As Built Drawings” of the Leased Space(s) including other structures forming part thereof and their compliance premises with the local building byelaws;30 days of completion of augmentation work.
fd) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Subsub-Lessees Licensee, etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
he) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)Licensed Built-up & Bare shell structure) and to limit damage and nuisance to people and property resulting from development construction and operations, within guidelines specified as per Appilcable Applicable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
kf) to duly supervise, monitor and control the activities of contractors/Sub- Lessees , sub-licensees, agents, etc., if any, under their respective agreements License Agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
ng) to take all reasonable responsible precautions for the prevention of accidents on or about the Leased Area site and provide all reasonable assistance and emergency medical aid to accident victims;
oh) not to permit any contractor or Sub-Lessee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all whole or any part of Leased Space(s) or the assets of the Leased Space(s)License Licensed Spaceorits assets, or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
pi) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) Licensed Space free from all unnecessary obstruction, obstruction during execution of works and store the equipment or surplus materials materials, dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters Xxxxx Xxxxxxx, Commuters or otherwise to DMRC’s any other activitesactivities.
rj) at all times, to afford access to the Licensed Space to the authorised representatives of DMRC, other persons duly authorised by any Governmental Agency having jurisdiction over the business of Licensed Built-up& Bare shell structure, to inspect the Licensed Space and to investigate any matter within 30 (thirtytheir authority and upon reasonable notice; and
k) days of to comply with the divestment requirements and hand over the Licensed Space to DMRC upon Termination of the expiry Agreement;
5.2 The Licensee shall be solely and primarily responsible to DMRC for observance of all the provisions of this License Agreement on behalf of its employees and representatives and further on behalf of the Moratorium Periodsub-Licensees, to remove from their employees and agents and any person acting under or for and on behalf of the ‘Leased Space(s)’ Licensee or the sub-Licensees; contractor (s) appointed for the Licensed Space as fully as if they were the acts or defaults of the Licensee, its agents or employees.
5.3 The Licensee shall comply with all surplus machinery rules and materials, including, without limitation, hazardous materials regulations under the Metro Railways (Operations and wastes, and keep the ‘Leased Space(s)’ Maintenance) Xxx 0000 & its amendments.
5.4 No tenancy/sub-tenancy is being created by DMRC in a neat and clean condition, and favour of Licensee under or in conformity with the terms pursuance of this Agreement and Applicable Laws; except that it is distinctly & clearly understood, agreed and declared by/ between the Lessee parties hereto that:
a) The Licensee shall not have or claim any interest in the said built-up/premises & Bare shell structure as a tenant/sub-tenant or otherwise.
b) The rights, which Licensee shall have in relation to the said premises, are only those set out in this Agreement.
c) The relationship between DMRC and Licensee under and/or in pursuance of this Agreement is as between Principal and Principal. Consequently, neither party shall be entitled to retain represent the other and/or make any commitment on behalf of and/or with traders or any Leased Space(s)other party. Furthermore, until no relationship in the expiry nature of Partnership or Association of persons is hereby being created or intended to be created between DMRC on the Lease Period, such equipment, materials one hand and temporary works as required Licensee on the other hand in connection with and/or relating business to be operated by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned Licensee at the cost of Lesseesaid premises.
Appears in 1 contract
Samples: License Agreement
Rights and Obligations. 5.1 The Lessee’s Responsibilities and Duties
a) to obtain Applicable Permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Fit-Out Period;
d) to operate and maintain the Leased Area at all times in conformity with this Agreement and Applicable Laws;
e) to be responsible for safety, soundness and durability of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
f) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
g) to ensure at all times that the said development within the Lesseed Leased Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
h) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)) and to limit damage and nuisance to people and property resulting from development and operations, within guidelines specified as per Appilcable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including but not limited to property tax, stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
k) to duly supervise, monitor and control the activities of contractors/Sub- Lessees under their respective agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
n) to take all reasonable precautions for the prevention of accidents on or about the Leased Area and provide all reasonable assistance and emergency medical aid to accident victims;
o) not to permit any contractor or Sub-Lessee or other person, claiming through or under the Lessee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) or the assets of the Leased Space(s), or on any rights of the Lessee therein or under this Agreement, save and except as expressly permitted in this Agreement;
p) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) free from all unnecessary obstruction, and store the equipment or surplus materials dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters or otherwise to DMRC’s any other activites.
r) within 30 (thirty) days of of the expiry of the Moratorium Fit-Out Period, to remove from the ‘Leased Space(s)’ all surplus machinery and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Space(s)’ in a neat and clean condition, and in conformity with the terms of this Agreement and Applicable Laws; except that the Lessee shall be entitled to retain on any Leased Space(s), until the expiry of the Lease Period, such equipment, materials and temporary works as required by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security DepositPerformance Security, and get the Leased Space(s) cleaned at the cost of Lessee.
Appears in 1 contract
Samples: Lease Agreement
Rights and Obligations. 5.1 The Lessee’s Responsibilities and Duties
a) to complete the construction work of building within moratorium period.
b) to obtain Applicable Permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
bc) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
cd) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
de) to operate and maintain the Leased Area at all times in conformity with this Agreement and Applicable Laws;
ef) to be responsible for safety, soundness and durability of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
fg) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
gh) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
hi) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)) and to limit damage and nuisance to people and property resulting from development and operations, within guidelines specified as per Appilcable Laws and Applicable Permits;
ij) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
jk) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
kl) to pay the property tax to the concerned authority directly at the applicable rates.
m) to duly supervise, monitor and control the activities of contractors/Sub- Lessees under their respective agreements as may be necessary;
ln) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
mo) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
np) to take all reasonable precautions for the prevention of accidents on or about the Leased Area and provide all reasonable assistance and emergency medical aid to accident victims;
oq) not to permit any contractor or Sub-Lessee or other person, claiming through or under the Lessee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) or the assets of the Leased Space(s), or on any rights of the Lessee therein or under this Agreement, save and except as expressly permitted in this Agreement;
pr) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
qs) during execution of works, to keep the Leased Space(s) free from all unnecessary obstruction, and store the equipment or surplus materials dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters or otherwise to DMRC’s any other activites.
rt) within 30 (thirty) days of of the expiry of the Moratorium Period, to remove from the ‘Leased Space(s)’ all surplus machinery and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Space(s)’ in a neat and clean condition, and in conformity with the terms of this Agreement and Applicable Laws; except that the Lessee shall be entitled to retain on any Leased Space(s), until the expiry of the Lease Period, such equipment, materials and temporary works as required by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). su) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned at the cost of Lessee.
Appears in 1 contract
Samples: Lease Agreement
Rights and Obligations. 5.1 The Lessee’s Responsibilities and Duties
a) to obtain Applicable Permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Area at all times in conformity with this Agreement and Applicable Laws;
e) to be responsible for safety, soundness and durability of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
f) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
h) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)) and to limit damage and nuisance to people and property resulting from development and operations, within guidelines specified as per Appilcable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including Property Tax, stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
k) to duly supervise, monitor and control the activities of contractors/Sub- Lessees under their respective agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
n) to take all reasonable precautions for the prevention of accidents on or about the Leased Area and provide all reasonable assistance and emergency medical aid to accident victims;
o) not to permit any contractor or Sub-Lessee or other person, claiming through or under the Lessee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) or the assets of the Leased Space(s), or on any rights of the Lessee therein or under this Agreement, save and except as expressly permitted in this Agreement;
p) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) free from all unnecessary obstruction, and store the equipment or surplus materials dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters or otherwise to DMRC’s any other activites.
r) within 30 (thirty) days of of the expiry of the Moratorium Period, to remove from the ‘Leased Space(s)’ all surplus machinery and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Space(s)’ in a neat and clean condition, and in conformity with the terms of this Agreement and Applicable Laws; except that the Lessee shall be entitled to retain on any Leased Space(s), until the expiry of the Lease Period, such equipment, materials and temporary temporary/lightwight works as required by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned at the cost of Lessee.
Appears in 1 contract
Samples: Lease Agreement
Rights and Obligations. 5.1 9.1 Licensee‘s Obligations: The Lessee’s Licensee‘s Responsibilities and DutiesDuties shall include the following, in addition to and without prejudice to other obligations under this Agreement:
a) to obtain Applicable Permitsdue permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.all activities required for running said Water ATM machines;
b) to comply and observe at all times with all Applicable Permitsdevelop, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable LawsAgreement;
e) to be responsible for safety, soundness and durability of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
fc) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station Stations as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
hd) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)Licensed Space/s) and to limit damage and nuisance to people and property resulting from development installation process and operations, within guidelines specified as per Appilcable Applicable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
ke) to duly supervise, monitor and control the activities of contractors/Sub- Lessees , agents, etc., if any, under their respective agreements License Agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
nf) to take all reasonable responsible precautions for the prevention of accidents on or about the Leased Area site and provide all reasonable assistance and emergency medical aid to accident victims;
og) not to permit any contractor or Sub-Lessee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all whole or any part of Leased Space(s) License Licensed Space or the assets of the Leased Space(s)its assets, or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
ph) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) Licensed Space free from all unnecessary obstruction, obstruction during installation of machines and store the equipment or surplus materials materials, dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters Metro Stations , Commuters or otherwise to DMRC’s any other activitesDMRC‘s activities.
ri) at all times, to afford access to the Licensed Space to the authorised representatives of DMRC, other persons duly authorised by any Governmental Agency having jurisdiction over the business of Licensed Space/s, to inspect the Licensed Space/s and to investigate any matter within 30 (thirtytheir authority and upon reasonable notice; and
j) days of to comply with the divestment requirements and hand over the Licensed Space to DMRC upon Termination of the expiry Agreement;
9.2 The Licensee shall be solely and primarily responsible to DMRC for observance of all the provisions of this License Agreement on behalf of its employees and representatives and further on behalf of the Moratorium Periodtheir employees and agents and any person acting under or for and on behalf of the Licensee; contractor (s) appointed for the Licensed Space/s as fully as if they were the acts or defaults of the Licensee, its agents or employees.
9.3 Transfer of rights:
9.4 The successful bidder shall at all times adhere to remove from all provisions of the ‘Leased Space(s)’ Delhi Metro Railway (Operation And Maintenance) Act, 2002 and amendments thereto and shall also comply with all surplus machinery notices and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Space(s)’ circulars issued by DMRC in a neat and clean condition, and this regard.
9.5 No tenancy/sub-tenancy is being created by DMRC in conformity with the terms favour of Licensee under or in pursuance of this Agreement and Applicable Laws; except that it is distinctly & clearly understood, agreed and declared by/ between the Lessee parties hereto that:
a.) The Licensee shall not have or claim any interest in the said licensed space as a tenant/sub- tenant or otherwise.
b.) The rights, which Licensee shall have in relation to the said licensed space, are only those set out in this Agreement.
c.) The relationship between DMRC and Licensee under and/or in pursuance of this Agreement is as between Principal and Principal. Consequently, neither party shall be entitled to retain represent the other and/or make any commitment on behalf of and/or with traders or any Leased Space(s)other party. Furthermore, until no relationship in the expiry nature of Partnership or Association of persons is hereby being created or intended to be created between DMRC on the Lease Period, such equipment, materials one hand and temporary works as required Licensee on the other hand in connection with and/or relating business to be operated by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned Licensee at the cost of Lesseesaid premises.
Appears in 1 contract
Samples: License Agreement
Rights and Obligations. 5.1 Licensee‘s Obligations: The Lessee’s Licensee‘s Responsibilities and DutiesDuties shall include the following, in addition to and without prejudice to other obligations under this Agreement
(a) to obtain Applicable Permitsdue permits, necessary approvals, clearances and sanctions from the competent civic/govt. authorities for building plans, all commercial activities or infrastructure facilities including interior decoration, power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
(b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable LawsAgreement;
e) to be responsible for safety, soundness and durability of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
f(c) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Subsub-Lessees licensee, etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
h(d) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)Licensed Shop/bare space) and to limit damage and nuisance to people and property resulting from development construction and operations, within guidelines specified as per Appilcable Applicable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
k(e) to duly supervise, monitor and control the activities of contractors/Sub- Lessees sub-Licensee, if any, under their respective agreements License Agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
n) to take all reasonable precautions for the prevention of accidents on or about the Leased Area and provide all reasonable assistance and emergency medical aid to accident victims;
o(f) not to permit any contractor or Sub-Lessee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) Licensedshop/bare spaces or the assets of the Leased Space(s)Licensed Shop/bare space‘s Assets, or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
p(g) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) Licensed Shop/bare space free from all unnecessary obstruction, obstruction during execution of works and store the equipment or surplus materials materials, dispose of off such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters Xxxxx Xxxxxxx, Commuters or otherwise to DMRC’s any other activitesDMRC‘s activities.
r(h) at all times, to afford access to the Licensed Shop/bare space to the authorised representatives of DMRC, other persons duly authorised by any Governmental Agency having jurisdiction over the business of Licensed Shop/bare space, to inspect the Licensed Shop/bare space and to investigate any matter within 30 their authority and upon reasonable notice; and
(thirtyi) days of to comply with the divestment requirements and hand over the Licensed Shop/bare space to DMRC upon Termination of the expiry Agreement;
5.2 The Licensee shall be solely and primarily responsible to DMRC for observance of all the provisions of this License Agreement on behalf of the Moratorium PeriodLicensee, to remove from its employees and representatives and further on behalf of the ‘Leased Space(s)’ sub-Licensees, their employees and agents and any person acting under or for and on behalf of the Licensee or the sub-Licensees; contractor(s) appointed for the Licensed Shop/bare space as fully as if they were the acts or defaults of the Licensee, its agents or employees.
5.3 The Licensee shall comply with all surplus machinery rules and materials, including, without limitation, hazardous materials regulations under the Metro Railways (Operations and wastes, and keep the ‘Leased Space(s)’ Maintenance) Act 2002.
5.4 No tenancy/sub-tenancy is being created by DMRC in a neat and clean condition, and favour of Licensee under or in conformity with the terms pursuance of this Agreement and Applicable Laws; except that it is distinctly & clearly understood, agreed and declared by/ between the Lessee parties hereto that:-
(a) The Licensee shall not have or claim any interest in the said shop/bare space/premises as a tenant/sub-tenant or otherwise.
(b) The rights, which Licensee shall have in relation to the said premises, are only those set out in this Agreement.
(c) The relationship between DMRC and Licensee under and/or in pursuance of this Agreement is as between Principal and Principal. Consequently, neither party shall be entitled to retain represent the other and/or make any commitment on behalf of and/orwith traders or any Leased Space(s)other party. Furthermore, until no relationship in the expiry nature of Partnership or Association of persons is hereby being created or intended to be created between DMRC on the one hand and Licensee on the other hand in connection with and/or relating business to be operated by Licensee at the said premises.
5.5 The licensee shall be entitled to sub-license the licensed shop/bare space/ space during the subsistence of the Lease Period, such equipment, materials and temporary works license period as required by it for per the purpose terms & condition of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction license agreement with prior written approval of DMRC. Provided However, for any such sub-license the following guiding principles shall be scrupulously observed.
(a) The licensee shall prepare a draft standard format of the sub-license agreement, which shall be required to sign with the sub-licensees for the use of the licensed shop/bare space/space based on terms and conditions of license agreement between DMRC and Licensee. All agreements or arrangements with the sub-licensees shall specifically have stipulation of a covenant that if the Lessee fails sub-licenses shall be co-terminus with the termination of the main license agreement, including on sooner determination of the license period for any reason whatsoever of termination of the sub-licensee‘s rights. The licensee/ sub-licensee shall not have any claim or seek any compensation from DMRC for such termination.
(b) The licensee shall obtain the prior approval of DMRC for a format of standard sub- license agreement before its execution with any sub-licensee. In case, any deviation in this format of standard sub-license agreement is required, the Licensee shall again obtain prior written approval of DMRC before entering into an agreement with the sub-licensee. DMRC reserves the sole right not to clear give consent/approval to such a request and no compensation or claim on this account shall be entertained.
5.6 Except for the Leased Area sub-licensing of the use of said shop/bare space, the licensee shall not assign any of its rights or interest in this Agreement in favour of any company/person(s) at any time and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned at the cost of Lesseefor any reasons whatsoever.
Appears in 1 contract
Samples: License Agreement
Rights and Obligations. 5.1 The Lessee’s Responsibilities and Duties
a) to obtain Applicable Permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Sub- Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Area at all times in conformity with this Agreement and Applicable Laws;
e) to be responsible for safety, soundness and durability of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
f) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor not a cause of inconvenience and safety hazard for the station structure and commuters;
h) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)) and to limit damage and nuisance to people and property resulting from development and operations, within guidelines specified as per Appilcable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, Property tax, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
k) to duly supervise, monitor and control the activities of contractors/Sub- Lessees under their respective agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
n) to take all reasonable precautions for the prevention of accidents on or about the Leased Area and provide all reasonable assistance and emergency medical aid to accident victims;
o) not to permit any contractor or Sub-Lessee or other person, claiming through or under the Lessee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) or the assets of the Leased Space(s), or on any rights of the Lessee therein or under this Agreement, save and except as expressly permitted in this Agreement;
p) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) free from all unnecessary obstruction, and store the equipment or surplus materials dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters or otherwise to DMRC’s any other activites.
r) within 30 (thirty) days thirty)days of of the expiry of the Moratorium Period, to remove from the ‘Leased Space(s)’ all surplus machinery and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Space(s)’ in a neat and clean condition, and in conformity with the terms of this Agreement and Applicable Laws; except that the Lessee shall be entitled to retain on any Leased Space(s), until the expiry of the Lease Period, such equipment, materials and temporary works as required by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). .
s) on expiry of Lease PeriodLeasePeriod, within a maximum period of 30 days30days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, ,and get the Leased Space(s) cleaned at the cost of Lessee.
t) to provide all assistance to the independent consultant / expert / independant auditor / arbitrator as it may require for the performance of its duties and services; u) at all times, to afford access to the Leased Space(s) to the authorised representatives of DMRC, other persons duly authorised by any Governmental Agency having jurisdiction over the Leased Space(s), to inspect the Leased Space(s) and to investigate any matter within their authority and upon reasonable notice;
v) to comply with the divestment requirements and hand over the Leased Area to DMRC upon Termination of this Agreement;
w) Lessee shall comply with all application statutes, ordinances, rules and regulations of central, state government, municipal bodies, and all applicable laws with strict adherence; and
x) to compulsorily register the instrument and pay stamp duty.
5.2 The Lessee shall be solely responsible to DMRC for observance of all the provisions of this Lease Agreement on behalf of its employees and representatives and further on behalf of the Sub-Lessees, their employees and agents and any person acting under or for and on behalf of the Lessee or the Sub-Lessees; as if they were the acts or defaults of the Lessee.
5.3 The Lessee shall be liable for and shall indemnify, protect, defend and hold harmless DMRC, DMRC’s officers, employees and agents from and against any and all demands, claims, suits and causes of action and any and all liability, costs, expenses, settlements and judgments including third party claims arising out of the failure of the Lessee to discharge its obligations under this clause and to comply with the provisions of Applicable laws and Applicable Permits.
5.4 The Lessee shall acknowledge and recognize that time is the essence of this Agreement and that the performance of its obligations shall be construed accordingly.
Appears in 1 contract
Samples: Lease Agreement
Rights and Obligations. 5.1 The Lessee’s Responsibilities and Duties
a) to obtain Applicable Permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Area at all times in conformity with this Agreement and Applicable Laws;
e) to be responsible for safety, soundness and durability of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
f) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor not a cause of inconvenience and safety hazard for the station structure and commuters;
h) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)) and to limit damage and nuisance to people and property resulting from development and operations, within guidelines specified as per Appilcable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, Property tax, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
k) to duly supervise, monitor and control the activities of contractors/Sub- Sub-Lessees under their respective agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
n) to take all reasonable precautions for the prevention of accidents on or about the Leased Area and provide all reasonable assistance and emergency medical aid to accident victims;
o) not to permit any contractor or Sub-Lessee or other person, claiming through or under the Lessee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) or the assets of the Leased Space(s), or on any rights of the Lessee therein or under this Agreement, save and except as expressly permitted in this Agreement;
p) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) free from all unnecessary obstruction, and store the equipment or surplus materials dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters or otherwise to DMRC’s any other activites.
r) within 30 (thirty) days thirty)days of of the expiry of the Moratorium Period, to remove from the ‘Leased Space(s)’ all surplus machinery and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Space(s)’ in a neat and clean condition, and in conformity with the terms of this Agreement and Applicable Laws; except that the Lessee shall be entitled to retain on any Leased Space(s), until the expiry of the Lease Period, such equipment, materials and temporary works as required by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). .
s) on expiry of Lease PeriodLeasePeriod, within a maximum period of 30 days30days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, ,and get the Leased Space(s) cleaned at the cost of Lessee.
t) to provide all assistance to the independent consultant / expert / independant auditor / arbitrator as it may require for the performance of its duties and services; u) at all times, to afford access to the Leased Space(s) to the authorised representatives of DMRC, other persons duly authorised by any Governmental Agency having jurisdiction over the Leased Space(s), to inspect the Leased Space(s) and to investigate any matter within their authority and upon reasonable notice;
v) to comply with the divestment requirements and hand over the Leased Area to DMRC upon Termination of this Agreement;
w) Lessee shall comply with all application statutes, ordinances, rules and regulations of central, state government, municipal bodies, and all applicable laws with strict adherence; and
x) to compulsorily register the instrument and pay stamp duty.
5.2 The Lessee shall be solely responsible to DMRC for observance of all the provisions of this Lease Agreement on behalf of its employees and representatives and further on behalf of the Sub-Lessees, their employees and agents and any person acting under or for and on behalf of the Lessee or the Sub-Lessees; as if they were the acts or defaults of the Lessee.
5.3 The Lessee shall be liable for and shall indemnify, protect, defend and hold harmless DMRC, DMRC’s officers, employees and agents from and against any and all demands, claims, suits and causes of action and any and all liability, costs, expenses, settlements and judgments including third party claims arising out of the failure of the Lessee to discharge its obligations under this clause and to comply with the provisions of Applicable laws and Applicable Permits.
5.4 The Lessee shall acknowledge and recognize that time is the essence of this Agreement and that the performance of its obligations shall be construed accordingly.
Appears in 1 contract
Samples: Lease Agreement
Rights and Obligations. 5.1 The LesseeLicensee’s Responsibilities and DutiesDuties shall include the following, in addition to and without prejudice to other obligations under this Agreement:
a) to obtain Applicable Permitsdue permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, all commercial activities or infrastructure facilities including interior decoration, power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable LawsAgreement;
ec) to be responsible for safety, soundness and durability furnish “As Built Drawings” of the Leased Space(s) including other structures forming part thereof and their compliance premises with the local building byelaws;30 days of completion of construction work.
fd) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Subsub-Lessees Licensee, etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
he) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)Licensed Shops & Bare Space) and to limit damage and nuisance to people and property resulting from development construction and operations, within guidelines specified as per Appilcable Applicable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
kf) to duly supervise, monitor and control the activities of contractors/Sub- Lessees , sub-licensees, agents, etc., if any, under their respective agreements License Agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
ng) to take all reasonable responsible precautions for the prevention of accidents on or about the Leased Area site and provide all reasonable assistance and emergency medical aid to accident victims;
oh) not to permit any contractor or Sub-Lessee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) License shops & Bare Space or the assets of the Leased Space(s)Licensed Shop’s & Bare Space Assets, or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
pi) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) Licensed Shops & Bare Space free from all unnecessary obstruction, obstruction during execution of works and store the equipment or surplus materials materials, dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters Xxxxx Xxxxxxx, Commuters or otherwise to DMRC’s any other activitesactivities.
rj) at all times, to afford access to the Licensed Shops & Bare Space to the authorised representatives of DMRC, other persons duly authorised by any Governmental Agency having jurisdiction over the business of Licensed Shops, to inspect the Licensed Shops and to investigate any matter within 30 (thirtytheir authority and upon reasonable notice; and
k) days of to comply with the divestment requirements and hand over the Licensed Shops & Bare Space to DMRC upon Termination of the expiry Agreement;
5.2 The Licensee shall be solely and primarily responsible to DMRC for observance of all the provisions of this License Agreement on behalf of the Moratorium PeriodLicensee, to remove from its employees and representatives and further on behalf of the ‘Leased Space(s)’ sub-Licensees, their employees and agents and any person acting under or for and on behalf of the Licensee or the sub-Licensees; contractor (s) appointed for the Licensed Shops & Bare Space as fully as if they were the acts or defaults of the Licensee, its agents or employees.
5.3 The Licensee shall comply with all surplus machinery rules and materials, including, without limitation, hazardous materials regulations under the Metro Railways (Operations and wastes, and keep the ‘Leased Space(s)’ Maintenance) Act 2002 & its amendments.
5.4 No tenancy/sub-tenancy is being created by DMRC in a neat and clean condition, and favour of Licensee under or in conformity with the terms pursuance of this Agreement and Applicable Laws; except that it is distinctly & clearly understood, agreed and declared by/ between the Lessee parties hereto that:
a) The Licensee shall not have or claim any interest in the said shops/premises & Bare Space as a tenant/sub-tenant or otherwise.
b) The rights, which Licensee shall have in relation to the said premises, are only those set out in this Agreement.
c) The relationship between DMRC and Licensee under and/or in pursuance of this Agreement is as between Principal and Principal. Consequently, neither party shall be entitled to retain represent the other and/or make any commitment on behalf of and/or with traders or any Leased Space(s)other party. Furthermore, until no relationship in the expiry nature of Partnership or Association of persons is hereby being created or intended to be created between DMRC on the Lease Period, such equipment, materials one hand and temporary works as required Licensee on the other hand in connection with and/or relating business to be operated by it Licensee at the said premises.
5.5 Except for the purpose sub-licensing the use of fulfilling Shops & Bare Space, the Licensee shall not assign any of its obligations under rights, or interest in this Lease Agreement in respect favour of operation any company/ person(s) at any time and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned at the cost of Lesseefor any reasons whatsoever.
Appears in 1 contract
Samples: License Agreement
Rights and Obligations. 5.1 The LesseeLicensee’s Responsibilities and Duties
a) to obtain Applicable Permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-LesseesLicensees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable Laws;
ed) to be responsible for safety, soundness and durability of the Leased Licensed Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
fe) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees Licensees etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
hf) to take all reasonable steps to protect the environment (both on and off the Leased Licensed Space(s)) and to limit damage and nuisance to people and property resulting from development and operations, within guidelines specified as per Appilcable Laws and Applicable Permits;
ig) to submit the annual audited results of this Leased Licensed Space(s) to DMRC on or before 30th of June, every year.
jh) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Licensed Area, including land, as leviable, except for ground rentrent and property tax.
ki) to duly supervise, monitor and control the activities of contractors/Sub- Lessees Licensees under their respective agreements as may be necessary;
lj) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the LesseeLicensee’s obligations under this Agreement;
mk) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
nl) to take all reasonable precautions for the prevention of accidents on or about the Leased Licensed Area and provide all reasonable assistance and emergency medical aid to accident victims;
om) not to permit any contractor or Sub-Lessee Licensee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all or any part of Leased Licensed Space(s) or the assets of the Leased Licensed Space(s), or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
pn) to ensure that such Leased Licensed Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease License Period;
qo) during execution of works, to keep the Leased Licensed Space(s) free from all unnecessary obstruction, and store the equipment or surplus materials dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters or otherwise to DMRC’s any other activites.
rp) within 30 (thirty) days of of the expiry of the Moratorium Period, to remove from the ‘Leased Licensed Space(s)’ all surplus machinery and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Licensed Space(s)’ in a neat and clean condition, and in conformity with the terms of this Agreement and Applicable Laws; except that the Lessee Licensee shall be entitled to retain on any Leased Licensed Space(s), until the expiry of the Lease License Period, such equipment, materials and temporary works as required by it for the purpose of fulfilling its obligations under this Lease License Agreement in respect of operation and maintenance of the Leased Licensed Space(s). sq) on expiry of Lease License Period, within a maximum period of 30 days, to leave the Leased Licensed Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee Licensee fails to clear the Leased Licensed Area and the facilities therein, DMRC may invoke the Security DepositPerformance Security, and get the Leased Licensed Space(s) cleaned at the cost of LesseeLicensee.
Appears in 1 contract
Samples: License Agreement
Rights and Obligations. 5.1 The Lessee’s Licensee‟s Responsibilities and DutiesDuties shall include the following, in addition to and without prejudice to other obligations under this Agreement:
a) to obtain Applicable Permitsdue permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, all activities or infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;facilities
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable LawsLicense Agreement;
e) to be responsible for safety, soundness and durability of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
fc) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the depot/station as a result of his activities or any of its agents, contractors, Subsub-Lessees Licensee, etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
hd) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)Licensed Space) and to limit damage and nuisance to people and property resulting from development construction and operations, within guidelines specified as per Appilcable Applicable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
ke) to duly supervise, monitor and control the activities of contractors/Sub- Lessees , sub- licensees, agents, etc., if any, under their respective agreements License Agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
nf) to take all reasonable responsible precautions for the prevention of accidents on or about the Leased Area site and provide all reasonable assistance and emergency medical aid to accident victims;
og) not to permit any contractor or Sub-Lessee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all whole or any part of Leased Space(s) or the assets of the Leased Space(s)Licensed Spaceor its assets, or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
ph) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) Licensed Space free from all unnecessary obstruction, obstruction during execution of works and store the equipment or surplus materials materials, dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site Depots/Xxxxx Xxxxxxx, Commuters or DMRC‟s activities;
i) at all times, to afford access to the Licensed Space to the authorised representatives of DMRC, other persons duly authorised by any Governmental Agency having jurisdiction over the business at Licensed Space, to inspect the Licensed Space and commuters or otherwise to DMRC’s investigate any other activitesmatter within their authority and upon reasonable notice;
j) to comply with the divestment requirements and hand over the Licensed space to DMRC upon Termination of the Agreement;
k) to ensure that no foul/ unpleasant smell shall spread out from the premises of the licensee;
l) To ensure that its equipment does not interfere with the function of DMRC‟s equipment installed at the depots/station. The Licensee is advised to obtain prior written consent from DMRC for installing such equipment. However, DMRC reserves the right to refuse installation of the equipment if it is of the opinion that the Licensees equipment shall interfere with the depot/station installations.
r5.2 The Licensee shall be solely and primarily responsible to DMRC for observance of all the provisions of this License Agreement on behalf of its employees and representatives and any person acting under or for and on behalf of the
5.3 The Licensee shall comply with all rules and regulations under the Metro Railways (Operations and Maintenance) within 30 (thirty) days Act 2002 & amendments thereto.
5.4 No lease/ tenancy/sub-tenancy is being created by DMRC in favour of of the expiry of the Moratorium Period, to remove from the ‘Leased Space(s)’ all surplus machinery and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Space(s)’ Licensee under or in a neat and clean condition, and in conformity with the terms pursuance of this Agreement and Applicable Laws; except that it is distinctly & clearly understood, agreed and declared by/ between the Lessee parties hereto that:
a) The Licensee shall not have or claim any interest in the licensed space as a lessee/ tenant/sub-tenant or otherwise.
b) The rights, which Licensee shall have in relation to the said premises, are only those set out in this Agreement.
c) The relationship between DMRC and Licensee under and/or in pursuance of this Agreement is as between Principal and Principal. Consequently, neither party shall be entitled to retain represent the other and/or make any commitment on behalf of and/ or with traders or any Leased Space(s)other party. Furthermore, until no relationship in the expiry nature of Partnership or Association of persons is hereby being created or intended to be created between DMRC on the Lease Period, such equipment, materials one hand and temporary works as required Licensee on the other hand in connection with and/or relating business to be operated by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned Licensee at the cost of Lesseesaid premises.
Appears in 1 contract
Samples: License Agreement
Rights and Obligations. 5.1 Licensee’s Obligations: The LesseeLicensee’s Responsibilities and DutiesDuties shall include the following, in addition to and without prejudice to other obligations under this Agreement:
a) to obtain Applicable Permitsdue permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, all commercial activities or infrastructure facilities including interior decoration, power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable LawsAgreement;
ec) to be responsible for safety, soundness and durability furnish “As Built Drawings” of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;premises within 30 days of completion of construction work.
fd) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
he) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)Licensed Kiosks Spaces) and to limit damage and nuisance to people and property resulting from development construction and operations, within guidelines specified as per Appilcable Applicable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
kf) to duly supervise, monitor and control the activities of contractors/Sub- Lessees , agents, etc., if any, under their respective agreements License Agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
ng) to take all reasonable responsible precautions for the prevention of accidents on or about the Leased Area site and provide all reasonable assistance and emergency medical aid to accident victims;; The Licensee sole is the sole responsible for all the cases arising due to accident / death during execution of contract / completion of work.
oh) not to permit any contractor or Sub-Lessee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) or the assets of the Leased Space(s), License Kiosks Spaces or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
pi) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) Licensed Kiosks Spaces free from all unnecessary obstruction, obstruction during execution of works and store the equipment or surplus materials materials, dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters Xxxxx Xxxxxxx, Commuters or otherwise to DMRCCMRL’s any other activitesactivities.
rj) at all times, to afford access to the Licensed Kiosks spaces to the authorized representatives of CMRL, other persons duly authorized by any Governmental Agency having jurisdiction over the business of Licensed Kiosks Spaces, to inspect the Licensed Kiosks Spaces and to investigate any matter within 30 (thirtytheir authority and upon reasonable notice; and
k) days of to comply with the divestment requirements and hand over the Licensed Kiosks Spaces to CMRL upon Termination of the expiry Agreement;
5.2 The Licensee shall be solely and primarily responsible to CMRL for observance of all the provisions of this License Agreement on behalf of the Moratorium PeriodLicensee, to remove from its employees and representatives and their employees and agents and any person acting under or for and on behalf of the ‘Leased Space(s)’ Licensee; contractor(s) appointed for the Licensed Kiosks Spaces as fully as if they were the acts or defaults of the Licensee, its agents or employees.
5.3 The Licensee shall comply with all surplus machinery rules and materials, including, without limitation, hazardous materials regulations under the Metro Railways (Operations and wastes, and keep the ‘Leased Space(s)’ Maintenance) Xxx 0000 & its amendments.
5.4 No tenancy/sub-tenancy is being created by CMRL in a neat and clean condition, and favour of Licensee under or in conformity with the terms pursuance of this Agreement and Applicable Laws; except that it is distinctly & clearly understood, agreed and declared by/ between the Lessee parties hereto that:
a) The Licensee shall not have or claim any interest in the said Kiosks Spaces/premises as a tenant/sub-tenant or otherwise.
b) The rights, which are set out in this Agreement is only having the license in relation to the finished premises.
c) The relationship between CMRL and Licensee under and/or in pursuance of this Agreement is as between Principal and Principal. Consequently, neither party shall be entitled to retain represent the other and/or make any commitment on behalf of and/or with traders or any Leased Space(s)other party. Furthermore, until no relationship in the expiry nature of Partnership or Association of persons is hereby being created or intended to be created between CMRL on the Lease Period, such equipment, materials one hand and temporary works as required Licensee on the other hand in connection with and/or relating business to be operated by it for Licensee at the purpose said premises.
5.5 The Licensee shall not assign or alienate any of fulfilling its obligations under rights or interest in this Lease Agreement in respect favour of operation any company / person at any time and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned at the cost of Lesseefor any reasons whatsoever.
Appears in 1 contract
Samples: License Agreement
Rights and Obligations. 5.1 The Lessee’s Responsibilities and DutiesDuties shall include the following, in addition to and without prejudice to other obligations under this Agreement
(a) to obtain Applicable Permitsdue permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, intended commercial activities or infrastructure facilities including interior decoration, power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
(b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Area at all times in conformity with this Agreement and Applicable LawsAgreement;
e) to be responsible for safety, soundness and durability of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
f(c) to ensure that no structural damage is caused to the existing buildings and other permanent structures at of the station Lessors property as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
h(d) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)Shop) and to limit damage and nuisance to people and property resulting from development construction and operations, within guidelines specified as per Appilcable Applicable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
k(e) to duly supervise, monitor and control the activities of contractors/Sub- Lessees under their respective agreements as may be necessaryin the shop;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
n) to take all reasonable precautions for the prevention of accidents on or about the Leased Area and provide all reasonable assistance and emergency medical aid to accident victims;
o(f) not to permit any contractor or Sub-Lessee or other person, claiming through or under the Lessee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) Lease shops or the assets of the Leased Space(s)Shop’s Assets, or on any rights of the Lessee therein or under this Agreement, save and except as expressly permitted in this Agreement;
p(g) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) Shop free from all unnecessary obstruction, obstruction during execution of works and store the equipment or surplus materials materials, dispose of such equipment or surplus materials in a manner that causes least inconvenience inconvenience,
(h) at all times, to afford access to the Project Site Leased Shop to the authorised representatives of Lessor, other persons duly authorised by any Governmental Agency having jurisdiction over the business of Leased Shop, to inspect the Leased Shop and commuters or otherwise to DMRC’s investigate any other activites.matter within their authority and upon reasonable notice; and
r(i) within 30 (thirty) days of to comply with the divestment requirements and hand over the Leased Shop to Lessor upon Termination of the expiry of the Moratorium Period, to remove from the ‘Leased Space(s)’ all surplus machinery and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Space(s)’ in a neat and clean condition, and in conformity with the terms of this Agreement and Applicable Laws; except that the Lessee shall be entitled to retain on any Leased Space(s), until the expiry of the Lease Period, such equipment, materials and temporary works as required by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned at the cost of Lessee.Agreement;
Appears in 1 contract
Samples: Lease Agreement
Rights and Obligations. 5.1 Licensee‟s Obligations: The Lessee’s Licensee‟s Responsibilities and DutiesDuties shall include the following, in addition to and without prejudice to other obligations under this Agreement:
a) to obtain Applicable Permitsdue permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, all commercial activities etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable LawsAgreement;
e) to be responsible for safety, soundness and durability of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
fc) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
hd) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)Automated Vending Machine Spaces) and to limit damage and nuisance to people and property resulting from development construction and operations, within guidelines specified as per Appilcable Applicable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
ke) to duly supervise, monitor and control the activities of contractors/Sub- Lessees , agents, etc., if any, under their respective agreements License Agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
nf) to take all reasonable responsible precautions for the prevention of accidents on or about the Leased Area site and provide all reasonable assistance and emergency medical aid to accident victims;
og) not to permit any contractor or Sub-Lessee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) or the assets of the Leased Space(s)Automated Vending Machine Spaces, or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
ph) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) Licensed Automated Vending Machine Positions free from all unnecessary obstruction, obstruction during execution of works and store the equipment or surplus materials materials, dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters Xxxxx Xxxxxxx, Commuters or otherwise to DMRC’s any other activitesCMRL‟s activities.
ri) at all times, to afford access to the Automated Vending Machine spaces to the authorized representatives of CMRL, other persons duly authorized by any Governmental Agency having jurisdiction over the business of Licensed Automated Vending Machine Spaces, to inspect the Licensed Automated Vending Machine Spaces and to investigate any matter within 30 (thirtytheir authority and upon reasonable notice; and
j) days of to comply with the divestment requirements and hand over the Licensed Automated Vending Machine Spaces to CMRL upon Termination of the expiry Agreement;
5.2 The Licensee shall be solely and primarily responsible to CMRL for observance of all the provisions of this License Agreement on behalf of the Moratorium PeriodLicensee, to remove from its employees and representatives and further on behalf of the ‘Leased Space(s)’ their employees and agents and any person acting under or for and on behalf of the Licensee or contractor (s) appointed for the Automated Vending Machine Spaces as fully as if they were the acts or defaults of the Licensee, its agents or employees.
5.3 The Licensee shall comply with all surplus machinery rules and materials, including, without limitation, hazardous materials regulations under the Metro Railways (Operations and wastes, and keep the ‘Leased Space(s)’ Maintenance) Xxx 0000 & its amendments.
5.4 No tenancy is being created by CMRL in a neat and clean condition, and favour of Licensee under or in conformity with the terms pursuance of this Agreement and Applicable Laws; except that it is distinctly & clearly understood, agreed and declared by/ between the Lessee parties hereto that:
a) The Licensee shall not have or claim any interest in the said Automated Vending Machine area at specified location/premises as a tenant or otherwise.
b) The rights, which Licensee shall have in relation to the said premises, are only those set out in this Agreement.
c) The relationship between CMRL and Licensee under and/or in pursuance of this Agreement is as between Principal and Principal. Consequently, neither party shall be entitled to retain represent the other and/or make any commitment on behalf of and/or with traders or any Leased Space(s)other party. Furthermore, until no relationship in the expiry nature of Partnership or Association of persons is hereby being created or intended to be created between CMRL on the Lease Period, such equipment, materials one hand and temporary works as required Licensee on the other hand in connection with and/or relating business to be operated by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned Licensee at the cost of Lesseesaid premises.
Appears in 1 contract
Samples: License Agreement
Rights and Obligations. 5.1 The LesseeLicensee’s Responsibilities and Duties
a) to obtain Applicable Permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, infrastructure facilities including power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-LesseesLicensees;
c) to furnish DMRC with the “As built” Drawings of the Leased Licensed Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable Laws;
e) to be responsible for safety, soundness and durability of the Leased Licensed Space(s) including other structures forming part thereof and their compliance with the local building byelaws;
f) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees Licensees etc.;
g) to ensure at all times that the said development within the Lesseed Licenced Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
h) to take all reasonable steps to protect the environment (both on and off the Leased Licensed Space(s)) and to limit damage and nuisance to people and property resulting from development and operations, within guidelines specified as per Appilcable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Licensed Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Licensed Area, including land, as leviable, except for ground rent.
k) to duly supervise, monitor and control the activities of contractors/Sub- Lessees Licensees under their respective agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the LesseeLicensee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
n) to take all reasonable precautions for the prevention of accidents on or about the Leased Licensed Area and provide all reasonable assistance and emergency medical aid to accident victims;
o) not to permit any contractor or Sub-Lessee Licensee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all or any part of Leased Licensed Space(s) or the assets of the Leased Licensed Space(s), or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
p) to ensure that such Leased Licensed Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease License Period;
q) during execution of works, to keep the Leased Licensed Space(s) free from all unnecessary obstruction, and store the equipment or surplus materials dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters or otherwise to DMRC’s any other activites.
r) within 30 (thirty) days of of the expiry of the Moratorium Period, to remove from the ‘Leased Licensed Space(s)’ all surplus machinery and materials, including, without limitation, hazardous materials and wastes, and keep the ‘Leased Licensed Space(s)’ in a neat and clean condition, and in conformity with the terms of this Agreement and Applicable Laws; except that the Lessee Licensee shall be entitled to retain on any Leased Licensed Space(s), until the expiry of the Lease License Period, such equipment, materials and temporary works as required by it for the purpose of fulfilling its obligations under this Lease License Agreement in respect of operation and maintenance of the Leased Licensed Space(s). s) on expiry of Lease License Period, within a maximum period of 30 days, to leave the Leased Licensed Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee Licensee fails to clear the Leased Licensed Area and the facilities therein, DMRC may invoke the Security DepositPerformance Security, and get the Leased Licensed Space(s) cleaned at the cost of LesseeLicensee.
Appears in 1 contract
Samples: License Agreement
Rights and Obligations. 5.1 Licensee’s Obligations: The LesseeLicensee’s Responsibilities and DutiesDuties shall include the following, in addition to and without prejudice to other obligations under this Agreement:
a) to obtain Applicable Permitsdue permits, necessary approvals, clearances and sanctions from the competent authorities for building plans, all commercial activities or infrastructure facilities including interior decoration, power, water supply, drainage & sewerage, fire fighting, telecommunication, etc.;
b) to comply and observe at all times with all Applicable Permits, approvals and Applicable Laws in the performance of its obligations under this Agreement including those being performed by any of its contractors/Sub-Lessees;
c) to furnish DMRC with the “As built” Drawings of the Leased Space(s) within the Moratorium Period;
d) to operate and maintain the Leased Licensed Area at all times in conformity with this Agreement and Applicable LawsAgreement;
ec) to be responsible for safety, soundness and durability To furnish “As Built Drawings” of the Leased Space(s) including other structures forming part thereof and their compliance with the local building byelaws;premises within 30 days of completion of construction work.
fd) to ensure that no structural damage is caused to the existing buildings and other permanent structures at the station as a result of his activities or any of its agents, contractors, Sub-Lessees etc.;
g) to ensure at all times that the said development within the Lesseed Area is neither an impediment for smooth flow of traffic nor a cause of inconvenience and safety hazard for the station structure and commuters;
he) to take all reasonable steps to protect the environment (both on and off the Leased Space(s)Licensed Shops/ Office Spaces) and to limit damage and nuisance to people and property resulting from development construction and operations, within guidelines specified as per Appilcable Applicable Laws and Applicable Permits;
i) to submit the annual audited results of this Leased Space(s) to DMRC on or before 30th of June, every year.
j) to pay at its own cost all applicable existing and future taxes/charges/fees including stamp duty, registration charges and any other related documentation charges, if any, in respect of the said Leased Area, including land, as leviable, except for ground rent.
kf) to duly supervise, monitor and control the activities of contractors/Sub- Lessees , agents, etc., if any, under their respective agreements License Agreements as may be necessary;
l) to make reasonable efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Lessee’s obligations under this Agreement;
m) to obtain and maintain in force all insurance in accordance with the provisions of this Agreement and Good Industry Practice and furnish copies of the same to DMRC immediately;
ng) to take all reasonable responsible precautions for the prevention of accidents on or about the Leased Area site and provide all reasonable assistance and emergency medical aid to accident victims;
oh) not to permit any contractor or Sub-Lessee or other person, claiming through or under the LesseeLicensee, to create or place any encumbrance or security interest over all or any part of Leased Space(s) License Shops/ Office Spaces or the assets of the Leased Space(s)Licensed Shop’s & Assets, or on any rights of the Lessee Licensee therein or under this Agreement, save and except as expressly permitted in this Agreement;
pi) to ensure that such Leased Space(s) remains free from all encroachments, encumbrances and tresspass during the entire Lease Period;
q) during execution of works, to keep the Leased Space(s) Licensed Shops/ Office Spaces free from all unnecessary obstruction, obstruction during execution of works and store the equipment or surplus materials materials, dispose of such equipment or surplus materials in a manner that causes least inconvenience to the Project Site and commuters Xxxxx Xxxxxxx, Commuters or otherwise to DMRCCMRL’s any other activitesactivities.
rj) at all times, to afford access to the Licensed Shops/ Office spaces to the authorized representatives of CMRL, other persons duly authorized by any Governmental Agency having jurisdiction over the business of Licensed Shops/ Office Spaces, to inspect the Licensed Shops/ Office Spaces and to investigate any matter within 30 (thirtytheir authority and upon reasonable notice; and
k) days of to comply with the divestment requirements and hand over the Licensed Shops/ Office Spaces to CMRL upon Termination of the expiry Agreement;
5.2 The Licensee shall be solely and primarily responsible to CMRL for observance of all the provisions of this License Agreement on behalf of the Moratorium PeriodLicensee, to remove from its employees and representatives and further on behalf of the ‘Leased Space(s)’ their employees and agents and any person acting under or for and on behalf of the Licensee or the contractor (s) appointed for the Licensed Shops/ Office Spaces as fully as if they were the acts or defaults of the Licensee, its agents or employees.
5.3 The Licensee shall comply with all surplus machinery rules and materials, including, without limitation, hazardous materials regulations under the Metro Railways (Operations and wastes, and keep the ‘Leased Space(s)’ Maintenance) Act 2002 & its amendments.
5.4 No tenancy/sub-tenancy is being created by CMRL in a neat and clean condition, and favour of Licensee under or in conformity with the terms pursuance of this Agreement and Applicable Laws; except that it is distinctly & clearly understood, agreed and declared by/ between the Lessee parties hereto that:
a) The Licensee shall not have or claim any interest in the said Shops/ Office Spaces/premises as a tenant/sub-tenant or otherwise.
b) The rights, which Licensee shall have in relation to the said premises, are only those set out in this Agreement.
c) The relationship between CMRL and Licensee under and/or in pursuance of this Agreement is as between Principal and Principal. Consequently, neither party shall be entitled to retain represent the other and/or make any commitment on behalf of and/or with traders or any Leased Space(s)other party. Furthermore, until no relationship in the expiry of the Lease Period, such equipment, materials and temporary works as required by it for the purpose of fulfilling its obligations under this Lease Agreement in respect of operation and maintenance of the Leased Space(s). s) on expiry of Lease Period, within a maximum period of 30 days, to leave the Leased Area in a clean and safe condition to the satisfaction of DMRC. Provided that if the Lessee fails to clear the Leased Area and the facilities therein, DMRC may invoke the Security Deposit, and get the Leased Space(s) cleaned at the cost of Lessee.nature of
Appears in 1 contract
Samples: License Agreement
