LEAVE LICENSE Agmnt - Nursing Home Ponnur 01 09 22-Rev 2

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LEAVE AND LICENSE AGREEMENT

THIS LEAVE AND LICENSE AGREEMENT is made and entered into at Ponnur,
Guntur (Dist). Andhra Pradesh this 1st day of Sept, 2022 between Smt. Thiruvayipati
Janaki Devi, aged 83 years, w/o Late Shri Dr T Venkaiah, having her permanent
residence at House No.15-1-94, Sri Lakshmi Narayana Nursing Home, GBC Road,
Ponnur, Guntur (dist), Andhra Pradesh, Pin 522124 hereinafter being referred to as “the
LICENSORS” (which expression shall, unless it be repugnant to the context or meaning
thereof, be deemed to include them, their respective legal, heirs, successors and
assignees) of the ONE PART;
AND

Shri Vanama Venkata Satya Siva Manikya Rao, Managing Partner, Sri Balaji
Hospitals, aged about 53 years S/o. Shri V. Srirama Murthy, residing at D.No. 14-6-20,
Netaji Nagar, 5th Lane, Ponnur, Guntur, Andhra Pradesh State, Pin code: 522124 &
Shri Bodduluri Ravi Kishore, aged 53 years S/o Shri B. Ranga Rao residing at Plot
no. 304. D.No. 14/11/17, Venkateswara Nagar, Sai Chandra Enclave, Ponnur, Guntur,
Andhra Pradesh State, Pin code: 522124, hereinafter being referred to as “the
LICENSEE” (which term shall, so far as the context admits, be deemed to mean and
include him, his legal heirs, successors and assignees) of the OTHER PART;
WHEREAS:
A. the LICENSORS are the absolute owners of the building of G+2 Floors with
built-up area of 1289 Sq.M at TS No 246, H No.15-1-94, GBC Road, Ponnur,
Guntur, Andhra Pradesh State, Pin code: 522124, which consists of
Hospital, Offices, Commercial and Residential areas, out of which the area
described below:

“The full South wing on the 1 st Floor (consisting of 9 rooms), 3 rooms adjacent to
the Ophthalmology Ward belonging to the LICENSORS, 3 rooms in the South
West wing on the ground floor and the whole area in the North West side of the
ground floor (consisting of 2 consultation rooms, adjacent OP waiting area,
examination room with attached bathroom, labour room, OT preparation room
and operation theatre) and one small store room below the ramp. The said
demarcated partial area on Ground Floor & partial area on 1 st Floor as shown in
the annexure I”

is hereinafter collectively being referred to as “the SAID LICENSED PREMISES”.

B. the LICENSORS are desirous of providing on Leave and License basis, the
SAID LICENSED PREMISES to the LICENSEE.

C. by virtue of the ownership of the SAID LICENSED PREMISES the


LICENSORS are well and sufficiently entitled to and seized and possessed of the
SAID LICENSED PREMISES situated at TS No.246, H No.15-1-94, GBC
Road, Ponnur, Guntur, Andhra Pradesh State, Pin code: 522124.

D. the LICENSEE is in need of the premises only for the purpose of business of
Hospital, Medical and allied services, like Scan Units, Diagnostics, Pharmacy,
Medical Laboratory services, Emergency services etc., under the name and style
of Sri Balaji Hospitals. The medical services will exclude Ophthalmology and
Dental streams.

E. At the request of the LICENSEE, the LICENSORS have agreed to allow use
of the SAID LICENSED PREMISES by the LICENSEE for the aforesaid purpose
purely on temporary Leave and License basis, without creating any interest in

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favour of the LICENSEE or his family members or his employees or business
partners in the SAID LICENSED PREMISES.

F. the LICENSORS have represented to the LICENSEE and declare that:


(i) the LICENSORS are the sole owners of the SAID LICENSED
PREMISES and the same is free from any encumbrances or third-party
claims or demands;
(ii) the LICENSORS have made all payments and have observed
and performed all the rules, regulations, terms and conditions required to
be made, observed and performed by the LICENSORS as stipulated by
the Municipality of Ponnur in respect of the SAID LICENSED PREMISES.
(iii) the LICENSORS have neither ever omitted or committed to do
anything at any time whereby their right, title and interest has been and /
or is likely to be adversely affected;
(iv) the SAID LICENSED PREMISES has not been, at any time,
mortgaged, charged or otherwise encumbered in any manner and the
same is free from any third-party claim, demand or interest whatsoever
and howsoever; and
(v) the LICENSORS are entitled to grant a license in respect of
the SAID LICENSED PREMISES without any consent or permission from
anybody, authority or party;

G. the LICENSEE has represented to the LICENSORS and declares that:


(i) The use and occupation of the SAID LICENSED PREMISES
to be allowed as hereinafter stated, will not tantamount to a tenancy and
will not create any tenancy or other similar right or interest in favour of the
LICENSEE;
(ii) At no point of time will the LICENSEE contend that the
occupation of the SAID LICENSED PREMISES would give any title or
other similar right or interest in the SAID LICENSED PREMISES or any
part thereof; and
(iii) the LICENSEE is not entitled to claim and shall not claim
protection of any tenancy laws enacted in the State of Andhra Pradesh.

H. Relying upon the representations made by the parties hereto to each other
and believing the same to be true, the LICENSORS have agreed to allow the

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LICENSEE to use and occupy the SAID LICENSED PREMISES and the
LICENSEE has agreed to accept such License, strictly on the terms and
conditions set out hereinafter.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. The LICENSORS, at the request of the LICENSEE,


hereby agree to permit, during the period of the license hereby granted, the use
of the SAID LICENSED PREMISES for the purpose of Hospital, along with the
use in common, jointly with other occupants, of the common passage, stairs &
ramp (providing access up to 1st floor only) and in respect of the said building.
Access is not permitted to the 2nd floor and any of the terraces. The lift is for the
exclusive use of the LICENSORS

The LICENSORS are permitted to do basic and minimum interior alterations to


suit their business requirements at their own cost. The alterations permitted and
agreed upon are listed as following:

a. Removal of bathrooms and extension of internal partition up to the


ceiling in the last 2 rooms (adjacent to the generator) in the South
West wing on the ground floor.
b. Combining two adjacent rooms and removal of bathrooms (situated
towards GBC Road) on the 1st floor of the South East wing.
c. Removal of the partition wall and wooden cupboard and modification of
the main consultation room and examination room into 2 consultation
rooms.
d. Installing a door into the bathroom in the Consultation room directly
opposite to the main entrance door on the North East.
e. Modifying the existing bathroom attached to the main consultation /
examination room into 2 bathrooms.

The LICENSEE will operate and maintain, at their cost, the generator and the
motor / water pump in good condition provided by the LICENSORS. During the
power shut down the generator will also be used by LICENSORS the for their
residence & Hospital and pay the expenses to the LICENSEE on pro-rata basis.

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2. The Leave and License in respect of the SAID
LICENSED PREMISES hereby granted is, for a period of 11 months
commencing from 1st Oct, 2022 and ending on 31st Aug, 2023.

3. The LICENSEE shall pay to the LICENSORS,


compensation at the rate of Rs. 65,000/- (Rupees Sixty-Five Thousand only) per
month, net of all and any taxes like GST as applicable and payable on this
compensation, such compensation to be paid for the preceding month, during the
period of the Leave and License, on or before the 7 th Day of each and every
succeeding month, till the LICENSEE hands over possession of the SAID
LICENSED PREMISES to the LICENSORS, whichever is later.

4. Simultaneously with Execution of this Agreement, the


LICENSEE shall pay to the LICENSORS, an amount of Rs.2,00,000/- (Rupees
Two Lac only) as and by way of Interest Free Refundable Security Deposit for
due performance of the conditions hereof by them, to be refunded at the time of
handing over of the physical possession of the LICENSED PREMISES. The
LICENSEE shall also pay to the LICENSORS an interest free amount of
Rs.2,75,000 (Rupees Two Lacs and Seventy-five Thousand only) which will be
adjusted over a period of 11 months towards part of the compensation at the rate
of Rs.25,000 per month

5. The LICENSEE in occupation of the SAID LICENSED


PREMISES, shall bear the electricity charges (one 3 phase and one Single
phase provided by the LICENSORS) as per actuals. The generator provided by
the Licensor will be operated & maintained by the LICENSEE at his own cost,
during the period of this Agreement.

6. The LICENSORS shall be exclusively liable for the


payment of all present and future outgoings with respect to the SAID LICENSED
PREMISES including, but not limited to, enhanced Municipal Taxes. Cesses,
Rates, Assessments, Duties, Levies by whatever name called, and including any
other Charges. The agreed intention of the parties hereto is that the LICENSEE
shall be liable to bear and pay only the compensation and the charges as
provided under Clauses 3 and 5.

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7. The LICENSORS, their architects, contractors, agents
and the officials, responsible for the administration, supervision and maintenance
of the said building, shall be entitled to inspect the SAID LICENSED PREMISES
at any time by giving a notice of at least 24 hours in advance (except in case of
emergency) to the LICENSEE, occupying the SAID LICENSED PREMISES.

8. The LICENSEE shall only make or carry out any


changes, alterations, modifications, or additions of whatsoever nature in or to the
SAID LICENSED PREMISES as agreed and enumerated in clause 1. The
LICENSEE shall, however, be permitted to do interiors like painting, false ceiling,
temporary tilling etc. in the SAID LICENSED PREMISES or to temporarily
renovate the same, without making any structural changes or additions of a
permanent nature. The LICENSEE shall also be at liberty to make, fix or install
fittings or fixtures in the SAID LICENSED PREMISES, such as air conditioners,
lab and diagnostic equipment, Oxygen piping, electric and lights fans and other
fixtures and fittings for more beneficial and convenient use of the SAID
LICENSED PREMISES and to remove the same at any time during the
continuance of license and upon its expiry, or earlier revocation or termination,
provided, the LICENSEE shall make good any damage which may be caused to
the SAID LICENSED PREMISES by such removal. If any approval is required for
any work to be done by the LICENSEE, the LICENSORS shall extend all
possible assistance and co-operation to obtain the same.

9. The LICENSEE shall, on expiry or sooner determination


of this Leave and License Agreement, handover the Possession of the Licensed
Premises to the LICENSORS in the same position in which he had taken
possession at the time of entering into the Leave and License Agreement
(normal wear and tear excepted) against the LICENSORS refunding the Interest
Free Security Deposit of Rs.2,00,000/- paid by the LICENSEE.

10. The LICENSEE shall not do, or cause or allow or permit


to be done, in or around the SAID LICENSED PREMISES, or in any other part of
the said building, anything of an illegal or immoral nature, or which may be a
nuisance or be objectionable to the LICENSORS.

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11. The LICENSEE shall not store or allow to be stored in
the SAID LICENSED PREMISES any goods, articles or things of a hazardous,
inflammable or combustible nature (other than quantities for normal use in a
hospital). The LICENSEE shall take all necessary statutory approvals for
storage, piping and use of Oxygen required for patient care in the Hospital.

12. The LICENSEE can put Sign Boards pertaining to their


Hospital on the building façade at the main entrance of the building in the NE
area of the building and NE Corner of the parapet wall of the 3 rd Floor facing the
road.

13. The LICENSEE shall observe, perform and comply with


the rules, regulations and bye-laws of the Ponnur Municipality or any other
statutory authority like Pollution Board, Fire and Directorate of Medical & Health
Office as required to run and operate a Hospital.

14. The LICENSORS shall observe and perform all the


terms, conditions, agreements, covenants and provisions on which the
LICENSORS hold the SAID LICENSED PREMISES.

15. The LICENSEE and employees shall use and occupy the
SAID LICENSED PREMISES at his / their own risk and the LICENSORS shall
not be responsible or liable for any theft, loss, damage or destruction of any
property of the LICENSEE or any other person lying in the SAID LICENSED
PREMISES or in the said building or for any bodily injury caused to any one
whatsoever be the cause of such loss, damage or injury.

16. The LICENSORS, to the end and intent that the


obligations hereunder written shall continue throughout the term of this
Agreement, hereby agree with the LICENSEE that on the LICENSEE paying the
compensation in the manner mentioned in Clause 3 herein above and on the
LICENSEE observing performing the conditions and stipulations on its part
herein before contained, the LICENSEE shall enjoy quiet and peaceful use of the
SAID LICENSED PREMISES during the terms of this license, without any
disturbance or hindrance by the LICENSORS or any person or persons lawfully
or equitably claming by, through, from, under or in trust for the LICENSORS or
otherwise howsoever;

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17. The LICENSORS shall:
a) not be entitled to mortgage or charge the SAID
LICENSED PREMISES and shall not be entitled to sell or transfer the
same during the continuance of the License to, or, in favour of any person
or party, so that the rights or the LICENSEE hereunder are not prejudiced,
jeopardized or adversely affected;
b) not to do or omit or suffer to be done anything
whereby this license to use, occupy and enjoy the SAID LICENSED
PREMISES under or pursuant to this Agreement is evaded, forfeited,
prejudicially affected or extinguished;
c) duly observe and perform, abide by and otherwise
comply with all laws, rules and regulations applicable to the SAID
LICENSED PREMISES from time to time, and for the time being in force,
in so far as and to the extent they are required to be observed, performed
or complied with by it and the LICENSORS shall, at all times, keep the
LICENSEE indemnified in this behalf;
d) keep the SAID LICENSED PREMISES at all
times, in good and tenantable repair, condition and the LICENSORS will
take all reasonable steps to maintain and / or cause to be maintained the
electricity supply cables, lights, water supply lines, main pipes, drainage,
sewerage and all other convenience with all their appurtenances which is
outside the SAID LICENSED PREMISES, in a proper state of a
serviceability;
e) be similarly, solely responsible for and liable to
carry out all major and structural repairs (whether external or internal) to
the SAID LICENSED PREMISES, including those of all walls, roofs,
floors, drains, sewers and the appurtenances thereto, upon beings so
required by the LICENSEE or otherwise, as and when necessary;
f) indemnify and keep indemnified the LICENSEE of,
from and against all actions, suits, proceedings, costs, charges, expenses
and other liabilities brought against, suffered or incurred by the LICENSEE
by reason of any breach, non-performance or non-observance by the
LICENSORS or any of their obligations under this Agreement otherwise
however in respect of the SAID LICENSED PREMISES.

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g) indemnify the LICENSEE against all damages to
not only the SAID LICENSED PREMISES but also the other areas of
building of G+2 floors if damaged in case of any arson and destruction
arising out of the running of their Hospital.

18. If the LICENSEE commits breach of any of the terms and


conditions herein contained and fails, within a reasonable time (but not more than
thirty days), to remedy or make good such breach on receipt of Notice in writing
from the LICENSORS, specifying the breach complained of, then the
LICENSORS shall be entitled to revoke and / or terminate the license, in which
event, the LICENSEE shall vacate, without any protest, complaint or demur, and
shall give charge of the SAID LICENSED PREMISES to the LICENSORS within
sixty days of such revocation.

19. It is expressly agreed that, after the initial lock-in period


of 6 months, either party can terminate this Agreement by giving 60 days’ written
Notice to the other side, at the address mentioned above.

20. Notwithstanding anything to the contrary herein


contained, it is agreed by the LICENSORS that if, any time during the
subsistence of this Agreement, the SAID LICENSED PREMISES or part or parts
of the said building(s) at 15-1-94 shall be destroyed or damaged by fire, tempest
earthquake, accident, act of God, war or due to any other cause beyond control
of the LICENSEE (not attributable to the fault of the LICENSEE) so that the SAID
LICENSED PREMISES or a substantial part thereof becomes unfit for
occupation, then the LICENSEE shall be at liberty to terminate this Agreement by
giving one month’s prior notice in writing to the LICENSORS.

21. On expiry of the period of this Agreement, or on sooner


termination thereof, as provided hereunder, the LICENSEE shall cease to occupy
the SAID LICENSED PREMISES and shall hand over vacant possession thereof
to the LICENSORS, by removing himself and the members of his family and
servants or other persons occupying the SAID LICENSED PREMISES as also
their respective belongings, chattels, articles and things from the SAID
LICENSED PREMISES, PROVIDED HOWEVER, that it is hereby expressly
agreed and understood that any indulgence shown by the LICENSORS in

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removing the LICENSEE or granting any time by the Licensor to the LICENSEE
for vacating the SAID LICENSED PREMISES, shall not be deemed or taken to
be waiver of the breach nor shall it amount to any renewal of the Leave and
License hereby granted for any further period, but shall be deemed to be a mere
concession given by the LICENSORS to the LICENSEE and the LICENSEE
shall nevertheless be deemed to continue to occupy the SAID LICENSED
PREMISES unauthorizedly. After such expiry or on such sooner determination of
this Agreement as aforesaid and the LICENSEE shall, so long as he fails to
vacate the SAID LICENSED PREMISES, be liable to pay to the LICENSORS,
the monthly rent of Rs.75,000

22. Similarly, if the LICENSEE is ready and willing to vacate


the SAID LICENSED PREMISES but the LICENSORS are not ready and willing
to refund the Interest-free Security Deposit given by the LICENSEE to the
LICENSORS, then in such an event the LICENSEE shall continue to occupy the
SAID LICENSED PREMISES without paying any monthly compensation to the
LICENSORS and in addition the LICENSORS shall also pay an interest
calculated @ 18% pa till the LICENSORS actually refund the said Deposit to the
LICENSEE.

23. On expiry or earlier termination of this Agreement, as the


case may be, the LICENSORS shall, refund the Interest-free Deposit of
Rs.2,00,000/- and any amount left unadjusted from the interest free adjustable
amount of Rs.2,75,000 paid by the LICENSEE to the LICENSORS at the time of
entering into this Agreement after adjusting therefrom the outstanding
compensation, if any, electricity bill, internet, cable charges, if any, painting
charges of the SAID LICENSED PREMISES and also the damages to any
furniture, fittings, etc. against the LICENSEE handing over the vacant and
physical possession of the SAID LICENSED PREMISES to the LICENSORS.

24. It is agreed by and between the parties hereto that the


license granted herein for use of the premises is the one contemplated pursuant
to the provisions of the Andhra Pradesh Rent Control Act and nothing herein
contained shall be construed as, creating any right, title, interest, easement,
tenancy or sub-tenancy in favour of the LICENSEE or any occupant, for the time
being, of the SAID LICENSED PREMISES in or over or upon the SAID

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LICENSED PREMISES, or as transferring any interest whatsoever therein in
SAID LICENSED PREMISES, other than the permissive use hereby granted or
as entitling the LICENSEE to exclusive possession of the SAID LICENSED
PREMISES. It is an express intention of the parties hereto that the LICENSORS
shall be and shall always be deemed to be in exclusive possession and in full
charge and judicial control of the SAID LICENSED PREMISES at all times and
that the LICENSORS shall, as stated above, at all times, by giving reasonable
notice to the LICENSEE, have full, free and unobstructed entry into the SAID
LICENSED PREMISES and a mere right of user, as per this Agreement, is
granted to the LICENSEE.

25. Any notice intended to be given by any party hereto to


the other party, shall be deemed to be properly and validly given if it is delivered
or sent by registered post to the LICENSORS’ address as herein above
stipulated and at their further address on and also at [email protected] and
in case of the LICENSEE at his permanent address as mentioned herein above
and also at [email protected]

26. This Agreement shall be subject to the jurisdiction of the


competent courts at Ponnur.

IN WITNESS WHEREOF the parties hereto have executed these presents in the
manner hereinafter appearing:

SIGNED AND DELIVERED


by the within named “LICENSORS”
Smt. Thiruvayipati Janaki Devi

SIGNED AND DELIVERED


by the within named “LICENSEE”
Shri Vanama Venkata Satya Siva Manikya Rao & Shri Bodduluri Ravi Kishore

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in the presence of

Shri Bodduluri Ranga Rao

Shri Setty Lingeswara Rao

Shri SK Abdul Kalam

RECEIPT

RECEIVED of and from the within named LICENSEE, Shri Vanama Venkata Satya Siva
Manikya Rao and Shri Bodduluri Ravi Kishore an amount of Rs. 2,00,000/- (Rupees
Two Lacs only) towards Interest Free Security Deposit and within named Rs. 2,75,000
(Rupees Two Lacs Seventy-Five Thousand only) towards interest free adjustable
amount against compensation, payable by them to us as per clause 4 above.

I say received Rs.4,75,000/-


(Rupees Four Lacs & Seventy-Five Thousand only)

Smt. Thiruvayipati Janaki Devi


[LICENSORS]

WITNESS:

1.

2.

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3.

OCCUPANT’S ENDORSEMENT

We have read this Agreement and I agree to abide by the terms and conditions which
are applicable to me and other permitted occupants of the SAID LICENSED
PREMISES, during the currency of this Agreement.

Shri Vanama Venkata Satya Siva Manikya Rao

Shri Bodduluri Ravi Kishore

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==================================
LEAVE AND LICENSE AGREEMENT
==================================

BETWEEN

Smt. Thiruvayipati Janaki Devi

[LICENSORS]

AND

Shri Vanama Venkata Satya Siva Manikya


Rao

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Shri Bodduluri Ravi Kishore
[LICENSEES]

[in respect of the SAID LICENSED PREMISES


at TS No. 246, H.No.15-1-94, GBC Road,
Ponnur, Guntur (dist), Andhra Pradesh
522124.]

===================================
Dated this 1st day of September, 2022
====================================

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