WHEREAS the LANDLORD is carrying on business as manufacturer of and dealer and exporter in jute goods at ……………………… for the last 30 years.
And WHEREAS the LANDLORD is seized and possessed of the said XY Jute Mill along with the land in which the Mill is situate and has a good Title thereto.
And WHEREAS there are no other competent person at the moment to look after and run the XY Jute Mill in the absence of the main promoter.
And WHEREAS the TENANT is carrying on business as manufacturer of and dealer in and exporter of jute goods in its own Mill and can conveniently utilise the capacity of XY Jute Mill Co. Ltd.
And WHEREAS the parties intend that if the TENANT can run the Mill successfully the LANDLORD will ultimately sell the same to the TENANT.
And WHEREAS the LANDLORD has agreed to meet the liabilities of the said XY Jute Mill Co. Ltd. from the rent that might be paid by the TENANT and that the TENANT will have no responsibility to the creditors and bankers of the LANDLORD.
And WHEREAS the SURETY has guaranteed the timely payment of the rent by the TENANT which the surety under its Memorandum of Association and Resolution of the General Meeting is authorised to do.
Now these presents witnesseth and the parties hereby agree as follows:
2. The TENANT hereby agrees and covenants with the LANDLORD as follows:
(a) To pay such rent at the time and in the manner aforesaid;
(b) To pay all rates, taxes, assessments and outgoings of a periodically recurring and non-capital nature payable in respect of the demised premises during the term of the tenancy except, however, the outgoings as the owner is by law bound to pay notwithstanding any contract to the contrary.
(d) To keep the whole and every part of the demised premises the Jute Mill with all plant, machinery fittings and fixtures in good substantial repair and condition and properly operative and productive throughout the said term.
(e) To obtain and keep renewed in force all Licences, permits, entitlements, as are in force and that might be required by any law and observe all formalities and statutory requirements so that the Mill may run smoothly.
(g) To permit the LANDLORD and its agents with all necessary workmen and equipment at all reasonable times to enter the demised premises for the purposes of carrying out the repairs to the adjoining property of the LANDLORD provided that except in case of emergency the LANDLORD shall give not less than 48 hours notice of his intention to exercise such right and shall make good all damage caused by such entry.
(k) To deliver to the LANDLORD a copy of every notice relating to the demised premises served on the TENANT by any competent authority and comply with the requirements thereof.
(l) To execute or cause to be executed or done all such works and things as under any law directed or necessary to be done or executed and not to do or permit or suffer to be done any such act, matter or thing as contravenes such law and at all times to keep the LANDLORD indemnified against all claims, proceedings, demands and liability in connection therewith.
(n) Without prior written permission of the LANDLORD not to assign, underlet or otherwise part with possession of the DEMISED PREMISES or any part thereof.
(o) When Landlord’s consent has been obtained the TENANT to give notice to the LANDLORD in writing setting forth the name, address and description of the assignee or person in whose favour the devolution has taken place and to produce the Instrument of Assignment or Devolution.
(p) Without the consent of the LANDLORD the TENANT shall not erect or permit to be erected on the demised premises any building or erection, boundary walls or fences and not to make or allow to be made any alterations or additions in the DEMISED PREMISES.
(r) Not to discharge any noxious matter or trade waste or effluent from any building or drain on the demised premises into the sewers of the LANDLORD which has or may have an injurious effect on the sewage therein or the said sewers or the local sewerage disposal works or the water flowing through the said sewers.
(t) To ensure that none of water, electricity, gas, telephone and other services serving all or any of the DEMISED PREMISES and the Landlord’s other adjoining property are obstructed, terminated, diverted or interfered with in any manner.
(u) Not to use or permit to be used the DEMISED PREMISES or any part thereof for any trade or business other than the existing business.
(w) Without prior written approval of the LANDLORD the TENANT shall not affix or display or permit on the DEMISED PREMISES fixing or displaying any advertising sign or notice.
(x) To indemnify the LANDLORD against all proceedings, costs, claims and demands in respect of any injury or death of any person and any damage to any property or destruction of any right, easements or privileges that might arise directly or indirectly from the condition of the DEMISED PREMISES.
(z) On the expiry or sooner determination of the said term, the TENANT to yield to the LANDLORD the demised premises with all the buildings and additions made thereto in the meantime and all plant, machinery, fixtures in such good and substantial repairs and condition including any additions thereto.
3. The LANDLORD hereby covenants that the TENANT paying the said rent and observing and performing all obligations statutory and under this agreement may quietly enjoy and run the Mill, the demised premises, without any interruption by the LANDLORD.
(c) The TENANT shall not become entitled to any easement or right which would restrict or interfere with the free use of any adjoining property of the LANDLORD by the LANDLORD or any person deriving title under the LANDLORD for building or for any other purposes.
