Common use of Rights and Obligations of Lessor Clause in Contracts

Rights and Obligations of Lessor. The Lessor shall have the following rights and shall discharge the following obligations: (a) In the event of the Lessor desiring to transfer, assign, license, charge, mortgage or otherwise encumber the Schedule Property, the Lessor shall, prior to creating such encumbrance or interest, procure and provide to the Lessee an unconditional acknowledgement from the person in whose favour such interest is to be created, that such transferee, assignee, licensee, mortgagee or other person as the case may be shall to the extent applicable be bound by the terms and conditions of the lease, that he, she or it shall not disturb the possession and enjoyment of the Schedule Property by the Lessee and shall comply with the obligations imposed on the Lessor under this Deed. If the Schedule Property is assigned to any person, such person and the Lessor shall jointly and severally be responsible and liable to refund the security deposit of Rs.5,94,000/- (Rupees five lakhs ninety four thousand only) in terms of this Deed. (b) The Schedule Property currently has Electric Power Load being supplied by the Bangalore Electric Supply Company through a separate sub-meter. The sub-meter has been installed by the Lessor. (c) As back up for the power being provided by the Bangalore Electric Supply Company, the Lessor has also arranged for the installation of a 12 KVA generator in the premises of which the Schedule Property is a part. The Lessor represents that the RTOSOA has obtained necessary approvals / clearances from the appropriate authorities including but not limited to the Karnataka Power Transmission Corporation Limited and the Karnataka State Pollution Control Board for the installation of the aforesaid generator and shall ensure that such approvals are maintained. The Lessor shall ensure that the generator is kept in good order and condition and maintained and serviced from time to time, that adequate supply of fuel is maintained for the same at all times and personnel for operating the same are available by the RTOSOA. (d) If the Lessee is of the opinion that any structural repairs must be carried out to the Schedule Property, the Lessee shall inform the Lessor of the nature of such repairs and provide an estimate of the cost thereof. Upon the Lessor’s approval of the same, the Lessee shall carry out any such repairs and deduct the charges incurred for such repairs from the rent payable in the following months or otherwise recover the same from the Lessor. The parties shall be bound in good faith under this clause to act reasonably and responsibly. (e) During the term of the lease, the Lessor shall pay all property tax, ground rents, charges or assessments, rates and taxes and outgoings imposed or payable in respect of the Schedule Property (except the electricity charges for the power consumed in the Schedule Property as per the separate sub-meter installed by the Lessor, which the Lessee shall remit to the appropriate authority directly). (f) The Lessor or his nominee shall periodically inspect the Schedule Property at reasonable times and carry out such repairs, as may be required. The Lessor shall however give 48 hours of notice in writing to the Lessee of its intention to inspect the Schedule Property and such inspection shall as far as possible be carried out without affecting the Lessee’s business and operations. (g) The Lessor shall ensure that Lessor or any other person shall not, under any circumstances, disturb the Lessee’s possession and enjoyment of the Schedule Property. (h) The Lessor shall co-operate with the Lessee by executing all necessary documents and doing such acts, deeds and things to enable the Lessee to avail of any governmental concessions or benefits regarding its business and operations at the Schedule Property. (i) The Lessor shall ensure that the parking space leased to the Lessee shall not be used by any other person and shall at all times be available for use by the Lessee, its directors, employees, representatives and visitors. (j) Without prejudice to the generality of the above, it is specifically understood between the parties that the Lessee shall not, unless expressly set out otherwise, be required or obliged to pay any charges, rates or rents in respect of any of the services that the Lessor is required to render to the Lessee, whether set out in this Deed or otherwise. (k) The Lessor shall, at all times, continue to be a member of any association formed by the owners of all units situated in the building of which the Schedule Property is a part, so that upon payment of applicable charges, the Lessee may enjoy the benefits of common areas and other facilities administered and provided by such association.

Rights and Obligations of Lessor. The Lessor shall have the following rights and shall discharge the following obligations: (a) The Lessor shall render all necessary cooperation to the Lessee to enable the Lessee to commence and complete the work on the interiors of the Schedule Property and the networking and cabling thereof including by providing necessary drawings of the Schedule Property. (b) In the event even of the Lessor Lesssor desiring to transfer, assign, license, charge, mortgage or otherwise encumber the Schedule Property, the Lessor shall, prior to creating such encumbrance or interest, procure and provide to the Lessee an unconditional inconditional acknowledgement from the person in whose favour such interest is to be created, that such transferee, assignee, licenseelicense, mortgagee mortgage or other person as the case may be shall to the extent applicable be bound by the terms and conditions of the lease, that he, she or it shall not disturb the possession and enjoyment of the Schedule Property by the Lessee and shall comply with the obligations imposed on the Lessor under this Deed. If the Schedule Property is assigned to any person, such person and the Lessor shall jointly and severally be responsible and liable to refund the security deposit of Rs.5,94,000/- (Rupees five Rs. 4,000,000/ -(Rupees four lakhs ninety four thousand only) in terms of this Deed. (bc) The Schedule Property currently has Electric Power Load being supplied by the Bangalore Electric Supply Company through a separate sub-meter. The sub-meter has been installed by the Lessor. (cd) As back up for the power being provided by the Bangalore Electric Supply Company, the Lessor has also arranged for the installation of a 12 KVA generator in the premises of which the Schedule Property is a part. The Lessor represents that the RTOSOA has obtained necessary approvals / clearances from the appropriate authorities including but not limited to the Karnataka Power Transmission Corporation Limited and the Karnataka State Pollution Control Board for the installation of the aforesaid generator and shall ensure that such approvals are maintained. The Lessor lessor shall ensure that the generator is kept in good order and condition and maintained and serviced from time to time, that adequate supply of fuel is maintained for the same at all times and personnel for operating the same are available by the RTOSOA. (de) If the Lessee is of the opinion that any structural repairs must be carried out to the Schedule Property, the Lessee shall inform the Lessor of the nature of such repairs and provide an estimate of the cost thereof. Upon the Lessor’s approval of the same, the Lessee shall carry out any such repairs and deduct the charges incurred for such repairs from the rent payable in the following months or otherwise recover the same from the Lessor. The parties shall be bound in good faith under this clause to act reasonably and responsibly. (ef) During the term of the lease, the Lessor shall pay all property tax, ground rents, charges or assessments, rates and taxes and outgoings imposed or payable in respect of the Schedule Property (except the electricity charges for the power consumed in the Schedule Property as per the separate sub-meter installed by the Lessor, which the Lessee shall remit to the appropriate authority directly). (fg) The Lessor or his nominee shall periodically inspect the Schedule Property at reasonable times and carry out such repairs, as may be required. The Lessor shall however give 48 hours of notice in writing to the Lessee of its intention to inspect the Schedule Property and such inspection shall as far as possible be carried out without affecting the Lessee’s business and operationsoperation. (gh) The Lessor shall ensure that Lessor or any other person shall not, under any circumstances, disturb the Lessee’s possession and enjoyment of the Schedule Property. (hi) The Lessor shall co-operate with the Lessee by executing all necessary documents and doing such actsact, deeds and things to enable the Lessee to avail of any governmental concessions or benefits regarding its business and operations at the Schedule Property. (ij) The Lessor shall ensure that the parking space leased eased to the Lessee shall not be used by any other person and shall at all times be available for use by the Lessee, its directorsdirections, employees, representatives and visitors. (jk) Without prejudice to the generality of the above, it is specifically understood between the parties that the Lessee shall not, unless expressly set out otherwise, be required or obliged to pay any charges, rates or rents in respect of any of the services that the Lessor is required to render to the Lessee, whether set out in this the Deed or otherwise. (kl) The Lessor shall, at all times, continue to be a member of any association formed by the owners of all units situated in the building of which the Schedule Property is a part, so that upon payment of applicable charges, the Lessee may enjoy the benefits of common areas and other facilities administered and provided by such association. (m) Prior to handing over possession to the Lessee under the terms of the Deed, the Lessor shall clean the Schedule Property and have the walls pained/whitewashed at the Lessor’s own cost, failing which the Lessee shall do the same and deduct the expenses incurred on that amount from the rents payable to the Lessor.