Emty Aggrement
Emty Aggrement
Lease Deed
This Lease Deed is executed at
on this day of
202; by and between;
The Lessor(s):
Lessee
Lessor(s)
Indus / Cell Site- SLD (A10 + WPT)/ V0.2
Name of the
The
4Lessee Registered Office Address Circle Office Address
Company
Indus Towers
Limited Building No. 10, Tower A,
4th Floor, DLF Cyber City,
Gurugram -122002
(hereinafter referred to as
and permits shall mean andthe "Lessee" which term and expression shall
assigns) of the OTHER PART. include it's subsidiaries, affiliate, group wherever the context so requires
companies,
The Lessor(s) and the Lessee are successors-in-interest and
"Party". hereinafter collectively referred to as the
"Parties" and severally as a
WHEREAS Lessee is a registered
the
aranted bythe Department
and is engaged in the of
Infrastructure Provider, Category I (IP-I) by virtue of
telecom
Telecommunications, Ministry of
business of establishing, operating Communications &IT,
Government registration
of India.
infrastructure),including
shelter. dieselgenerator sets, air but not & maintaining the
limited to, Dark Fibre, Right of Way, infrastructure (including
onerations and maintenance thereof conditioners, other allied equipment, electricalDuct Space and Tower(s)(s).
and provide the same on and civil works and related
"Activity(ies)") inter-alia to various Telecom
Government of India and are jointly and and sharing basis
Service Providers duly (hereinafter referred to as the
severally providing essential and licensed authorised by the
AND WHEREAS the Lessor(s) has public utility services:
represented
and bona fide owner/co-owner(s) having unfettered
to the
Lessee that
all
encumbrances he/she/they
rights along with clear islare the
(mortgages,ofcharge, et.), restriCtive covenants,
ielaro in Deaceful possession
dterrace riahts (if the property mentioned in
and
lis-pendente, marketable absolute,
litigations title,
or die
legal
free from
applicable) (hereinarter lable A of this Lease Deed,
iret schedule herein) which is in rererred to as (alona with ite roof
concerned/appropriate authorities; contormity Win all tneProperty' and more particularly mentioned
applcable laws and rules and regulations of the
AND NHEREAS the Lessor(s) has represented to the
Lessee that
and has/have all requisite power and authority to enter into
lease an area of mentioned #heTable A. of this
Lease
he/she/they
this Lease Deed and islare legally entitled to,
provide to the Lessee on
of bif ureated area(s) at the Deed,
Property, including but not limied tO, either entirely at one
the exterior wals of place or in the form
the builintho
Lessor(s) Lessee
WPI/V0.2
Indus / Cell Site -SLD (A10 +
Property, as Lease Deed (hereinafter
indicatively depicted in the site plan attached as Annexure L3 to thisbelonging to the same or
referred as the
purports to belong"Premises") together with all rights, easements, privileges
to it or usually held or with it under the law and this Lease Deed,
and the right
of ingress and enjoyed with respect
to the Propertyegress to, and use
to access and use thereof,
and
of all common areas, entrance, facilities etc. ofthe same without
any legal impediment; the Premise so as to enable the Lessee to fully enjoy
AND
VHEREAS
the Lessor(s) based on the written as well as oral representation(s), assurance(s) and warranties of
the Lessee Lessor(s) has
gieeuto give on Lease, thehas/have agreed in good faith to take on Lease, and that the
and set out herein Premises on the torme and conditions as mutually agreed betweo
below.
NOW THIS LEASE DEED
WITNESSETH AS FOLLOWS: -
Annexurellong with the Part I| - Annexures, (Annexure L1 - Terms and Conditions ("T&Cs":
ue L2 Description and lavout of the Premises: and Annexure L3- No Objection Cetificate(S); are
collectively referred to as the "Lease Deed" and shall be binding upon the Lessor(s) and the Lessee.
apiallked terms shall have the meaning ascribed to them in this Lease Deed and the T&Cs document
aiexed herewith as Annexure L1. Notwithstanding anything contained herein the terms in this documet
shall be subject to the terms in T&Cs document
which shall prevail upon these terms.
Table A
Address of the
Property
Area of the Premises at the "Effective Date" of the Lease Term of the Lease Deed
Property Deed
Sq. mtrs.
The Rental Amount will be increased @10% on the last paid Rental Amount, on expiry of every 5 year(s)
from the Lease Rent Commencement Date.
Lessee
Lessor(s)
+ WPT)/v0.2
Indus / Cell Site - SLD(A10
ALL THAT PLOT OF
LAND admeasuring Sq. mts. and situated at
BY the SOUTH:
By the WEST:
This Lease shall be arising from the
construed in accordance with applicable laws of India and any dispute
Subject matter of this Lease shall be excusively adiudicated onlv bythe Court of competent jur
situated at
IN WITNESS WHEREOF the Parties hereto have signed this Lease Deed at the place and on the day,
month and year first above written.
SIGNED, SEALED AND DELIVERED BY:
The Lessor(s) (Name with signature(s)) The Lessee
Indus Towers Limited
Through its Authorised Signatory
1.3 The Lessor(s) hereby agrees that, without any derogation of the rights of the Lessee under this Ieaso
Deed, the initial 90 (ninety)days from the Effective Date shall be rent free period (hereinafter referred to
as "Lease Rent Free Period") and accordingly, for and during the said period, the Lessor(s) shall not be
entitled to Rent from the Lessee and the Lessee shall not be liable to pay any Rent. However. all other
riahts and obligations of the Lessor(s)and the Lessee under this Lease shall commence and be effective
ond enforceable from the Effective Date. The payment of Rent shall commence from the expiry of the
Lease Rent Free Period (hereinafter referred to as "Lease Rent Commencement Date"
1AThe Lessee shall have the right and be entitled to, amongst others, install, operate and manage
termoorary structure on the Premises. The Lessee shall have the right and be entitled to bring
including but not limited to:
in or upon
the Premises install, establish, maintain and operate the following
multiple antennas;
a) Tower(s)/Poles/GBM/GBT for
b)Civil/pre-fabricated structure/ shelter(s) for equipment's, guard or for any other purpose:
DG Set of appropriate capacity lsolar panel
c) DG Set(s) including standby or backup any other
alternate source of producing energy:
Lessee
Lessor(s)
V0.2
Indus / Cell Site - SLD (A10 + WPD/
d) Earthing connections as required
aviation lamp, necessary cabling andandlaving of the other cables to ground, lightning al for
installation of electricity meter, transformer connectivity to each
power connectivityantennalequipment,
and and spa
g) Network equipment (such as etc.,
whom the Lessee has offered the BTS, Radios. batteries, antennas. cables, etc.) of Sevice
h) Ducts, Fibre, facilities for
Cable inside the premises as wellsharing:as
i) Any orner
additional equipment, machines etc as from outside to
may deemed toinside the prem
effective operations and services be necessary by the Lesse
The above all are
collectively referred to as a the "Cell Site /
1.5 In case of technological Equipment.
advancement andLor technical
recourse to the Lessor(s) be entitled to change the location of the reauirement, the Lessee Shall wi
add, install, remove, modify, upgrade or alter any Eauipment within the Premises, ario
necessary its sole discretion at any stage during the
in appliances, apparatus, equipment etc. as ay
entitled to establish, maintain, work, repair. transfer subsistence of the Lease. The Lessee
or apparatus, its electricity connection etc, at anv shift. withdraw or disconnect or replace the apphal
time in its sole discretion without any let, hindrance o
Objection from the Lessor(s) including in the circumstances of the Lease having been
terminated/determined by the Lessee. It is specificallv agreed and so
for any such above purpose, the Lessee shall not understood between the Parties tnat
be liable to pay any additional rent or Otner
whatsoever. The Lessor(s) shal have no obiection for the transfer. devolvement and/or Gag
leasehold rights of the Lessee on account of the Lessee's merger. de-merger, assignment OT the
re-structuring or any other re-arrangement, and the terms of this Lease Deed shall amalgamation, takeover,
manner. continue in the same
1.7 The Lessor(s) hereby permits the Lessee to sub-lease the Premises to any of its group, associate and
lor affiliate company(ies).
1.8As may be applicable, the Lessor(s), under this Lease Deed, shall be jointly and severally, liable and
responsible, amongst others, for the representations, warranties, covenants and obligations, expressed or
implied in this Lease Deed; along with the performance of this Lease Deed.
Lessee
Lessor(s)
v0.2
Indus / Cell Site -SLD(A10 + WPT)/
salie Slall be paid by the Lessee In caso thol cerle fails topaid meet
for conducting the ACtIViueS, ie
the above obligatIons aur
COnsequentiy any
any authority, thenaction
is apprehended to be taken by th concerned
authorities or is actually take y
in order to
being essential in protect its rights and meet its obligation to provide uninterrupted services
the Rent of the nature, the Lessee shall be entitled to pay such amount and to set-off the same against
subsequent
and the Lessee shall months which shall be regarded as the compliance under this Lease Deed
not be liable to pav the Rent to thel essorís) In such
tO ne Lessor(s), the proof of such pavment scenario, the LesSee w
tnat all taxes with respect to the Propertv Euther the essorís) hasconfirmed and assured the LesS
Premises have been paid by the Lessor(s), tll date, ad
Lessor(S) does not have any liability for anypast/acCumulated
tnereor, Of any nature that may be assessed against taxes. or any interest or penalty in respe
Premises. Lessee or become a lien on the Properny and O
2.4 In view of the provisions relating to GST.
the
requirements under the GST related laws and shallLessor(s) shall adhere to and shall
issue invoices. under the GST laws comply Witn ne
and in atimely manner and such invoice and regulations
should reach Lessee within the prescribed time under tne
laws, failing which Lessee shall release only the Rent. and shall have a right to adjust, set off, Sl
Withhold any loss or denial and levy of input tax credit and /l or levy deduct or
interest / penalty thereon due to late or non-submission of of any incidental and consequential
Lessee or can be recOvered from the Lessor(s). In case of invoice, from any of the invoice payable by
Lessor(s) or non-registration under the GST law, the Lessor(s) non-applicability of GST provisions upon
shall provide its confirmation in the form of
undertaking, the format of which is attached herewith. In case the GST provisions
the Lessor(s)subsequent to the execution of the become applicable to
present Lease Deed, the Lessor(s) shall intimate in
to the Lessee of the applicability and its
provisions.
registration under the GST provisions and comply with the writing
above
2.5 Notwithstanding anything contained herein, in case the
Lessee is
equipment installed at the Premises or any portion thereof, or unable to access & use its cell site /
due to any action/order of anv
authority/court/tribunal or a third party etc. the Rent stated herein shall stand automatically be stopped and
will not be paid and /or proportionately reduced for the period during which
its rights under this Lease Deed Premises. The decision of the Lessee is unable to exercise
Lessee regarding whether it is able to carrvOut
activities efficiently or effectively will be final and binding upon the Lessor(s).
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 The Lessor(s) confirms that he/she/they has/have understood the criticality of the services rendered
by Lessee and the purpose for which the Premises Is taken on lease. The Lessor(s) further understands
and agrees that:
i the Lessee and the Service Providers are entitled to have and exercise all the rights and entitlemente
conferred by the Indian Telegraph Act, 1885 or any rules or regulations framed thereunder or bV an
other law for the time being in force and as such agrees that it shall not raise any dispute or claim
cause any impediment, intervention, obstruction or object to any activity undertaken in the
Premises/Property, with respect to the ActiVities or ne Lessee trom the Premises being carried with
law.
bona-fide in terms of this Lease and in accordance with
ii the Lessee at all times shall be entitled to oferiprovide for multi-sharing use of its
infrastructure / CellSite and allor any of its Equipment etc. installed in the Premises to the
Sevice Providers, The Lessor(s) agrees &admits that in accordance with such arrangement's)
thel essee shallbe entitled to grant Service Providers and other entities unhindered access to
the Premises and all of them shall be entitled to install equipment's in the Premises, For the
Lessee
Lessor(s)
WP)/ V.2
Indus /Cell Site - SLD (A10 +
limited purposes of this to be the
equipment, cell site at theLease, all equipment, cell site shall be deemed
Prenmises such
under the aegis of the Lessee. No separae
PermisSlon shall be required, nor any obiection shall be raised by the Lessor(s), at y i t
me, or tne above purpose, nor shall the l eeeo holiahle to payany additional rent or oner
Charges thereof. It is specificallv agreed and so understood between the
Lessee that any Lessor(S)
the sharing, use such
of Cellmulti-operator arrangement(s) with Service Providers other entities
for
Site /
the Lessee and therefore shallEquipment etc. installed in the Premises is a basic obligation of
not be treated as a violation of this Lease.
iii.
eaessto or tne
orassociates or its use of the Premises bythe Associated Persons. their employees, represe
service
ot but unerance of theproviders for any purpose whatsoever whether mentioned in the Lease or
Activities /Sevice providers activities shall under no
considered to be a Circumsta
otherwise, sub-lease
of law or or an of the Lease. However, in case by any interpretation
the use of the assignment
be a
sub-lease, the permission of thePremises in the manner stated in this Lease deed deemed
is considered to
to have
been given in express and Lessor(s) )to create such a sub-Lease
explicit terms
shall be
3.2 The Lessor(s) acknowledges that for the nurnnse of ofectively using & enioying the Premises ß tO
augment its Activities, the Lessee is reguired to
material within, around or to the Property putlinstall Poles | underground cable(s) 7 oe
/ Premises The Lessor(s) hereby grants unconditional al
unrestrICted permission and the right of
and lay I Conceal fiber, cables and otherway to the Lessee and / or the Associated Persons to exCavale
the Property without any objection and related material. underaround /false ceiling/walls, if any, winn
bare minimum area required for doing the interference from the Lessor(s). The Lessee undertakeS tnat the
needful as aforesaid shall be used and the
Irestoration shall be carried out by the Lessee at its own costs and necessary repairs
the Lessee shall have the right of way and expense. For the
to all such portions of the Propertypurposes aroresala
cables /material is fixed/set-up for all times access
during the existence of this Lease. Lessee wherein the Tiber,
Connect its equipment, cell site with networks of other shall be entitled to
cables, microwaves etc. The Lessee shall also be telecom service providers by routing necessary
entitled to connect the
cables/wires/fibre etc. through GI/PVC pipes etc. from outside the Premises. optical/electrical/copper
3.3 The Lessor(s) acknowledge after being
satisfied about the nature, usage, purpose,
weight and dimensions of the Cell Site / Equipment, to be erected/installed at the Premises specifications,
warrants to the Lessee that the Property (including roof/terrace, and hereby
enough and can sufficiently withstand the load / weight of the as may be applicable) is structurally strong
indemnify and keep indemnified the Lessee, its directors, employees, Equipment / Cell Site and undertakes to
any third party resulting from any structural instability / agents etc. for any loss caused to
PropertyIPremises. weakness / defect in the structure / building |
3.4 The Lessor(s) agree & admit that Lessee and the
Associated Persons shall be entitled at its sole
discretion to engage the services of vendors, contractors, engineers, supervisors,
workmen,
authorized personnel, sub-contractors, security guards, caretakers and other service emplovees.
providers etc to
erect, install, commission, operate & maintain the Equipment /ell Site, including or such additional or
alternate equipment etc. that may be required trom time to time at their own expense and cost. The Lessee
and the Associated Persons shall be entitled to carry tools, tackles, heavy machinery, raw materials
cranes, anchorage equipment, winches, pulleys, ropes, scaffolding, brackets, clamps, welding and cutin
equipment etc. and to use the same on the Premises. The Lessee shall also be entitled to dig trencbe
gutters, chambers and carry out all other plumbing, civil/mechanical and electrical works that are doe
necessary by the Lessee / Associated Persons for the installation of the Equipment / Cell Site and an
other equipment.
3.5 The Lessee shallobtain a separate electric connection/s, at its own cost of appropriate capacity (with
senarate meter and transformer), exclusively for its Own use, In its own name or in the name DF an
nominee or person. Further, till the time the Lessee does not have its power connection, the Lessors)
shall provide separate electric meter (sub-meter) tor the power back up provided by the Lessor(s) for the
purposes of the Lessee. The Lessee shall be responsible to pay electricity charges as no
consumption of electricity.The Lessor(s) shall provide and extend all requisite documents/ NoCs / support
in obtaining the power connection by the Lessee.
Lessee
Lessor(s)
Indus / Cell Site - SLD (A10 + WPI)/V0.2
3.6 The Lessee shall be entitled to
offer and/or evhihit itself or through Third
advertisements.
of such Size &at statutory signage, glow
such place as it deem fitsigns, hoardings,
Party(S), n a
etc. of its own/Service Providers/third e)
Party(s)
in or outeido the
in any Torm
whatsoever or Premises /Cell Site / Equipment no oia
necessary permissions shalladditional rent wOuld be navahle hy the lessee
be taken & charges, if any, be for the same. howv
3.7 Keys for access to paid by the Lessee.
be provided by the Premises as well as for into the terrace/land (as applicable) shall
shall not alter orthe Lessor(s) to the Lessee gaining entrysigning
suffer to be altered the
prior pemission of the Lessee.
immediately
locking devices for
of this Lease Deed. The Lessor(s)
uponwhich the said keys are handed over without
any lock placed on the The Lessee is hereby aranted with the
authority to
and put a new lock of itsPremises, a kev for which has not been provided by the physically oredk P
choice. Lessor(s) o
3.8 Tne Lessee shall take
nowever, tne Lessor(s) shallinsurance
for its Cell Site / Eainment and other
the ensure that the Eauipment appliances, installations in the Premise
Lessee in the Premises are not apparatus, material,
done any act which may render any damaged or tempered
ter with. The Lessor(s) shall not do asSets,
or cause to be
Ihe LesSSor(s) may at its sole insurance policy invalid or cause an increase in
Term of this Lease Deed. discretion and own costs keep the premiun pay
Property adequately insured during
3.9 The Lessor(s) hereby agrees that the Premises may be
associates, holding, subsidiaries and group companies of the Lesseeaccessed/used/occupied by the anate
Party, their employees, or by the Service
whether mentioned in therepresentatives or
Lease or not but inassociates
or its service providers for Provider(s)/Tnra
shall under no circumstances be furtherance of the Lessee's / Serviceany purpose whatsoever
shall be under no considered to be a sub-lease or an assignmentProvider's
of the
activities ana
obligation to Lease. Lessee
same. However, in case by anyseek consent from the Lessor(s) and /or to pay any
additional rent for the
stated in this Lease deed is interpretation of law or otherwise, the use of the Premises in the manner
sub-lease shall be deemedconsidered
to be a sub-lease. the
a permission of the Lessor(s) to
no further consent /
to have been given in express
and explicit terms under the Leasecreate sUch
approval required from the Lessor(s). Deed with
3.10 It is especially
understood and agreed by the Lessor(s) that all equipment at the
always remain, without exception, Lessee's Premises shall
the expiry of the Lease or upon its early property and during the Term of this Lease Deed and /or upon
termination for any reason whatsoever, the Lessee and lor any
Associated Persons may remove its equipment,
objection from the Lessor(s). Further, it is expresslycellagreed
site from the Premises without any
lien or charge on the Equipment, either for that the Lessor(s) shall not havehindrance /
any claim,
Rent, arrears, fees, compensation or otherwise.
3.11 The Lessor(s) has represented to the Lessee that
lis-pendens, acquisition and requisition proceedings, minor'sPremises
claims,
is free from all restrictive
covenants.
encumbrances of any nature whatsoever. mortgage, lien, charge, or claims or
3.12 In case in future the Lessor(s)
the Premises including the Premises, the intends to create any mortgage, lien, charge or
Lessor(s) shall inform the Lessee and take a encumbrance
Objection Certificate" from the Lessee. Notwithstanding
on
prior written "No
to the rights of the Lessee with respect to the anything contained herein and without prejudice
issuance of no
conditions as it may deem fit, the Lessor(s) by any arrangement,objection certificate on such term and
encumbrance upon or in relation to the Property or otherwise shallagreement, mortgage, lien charge or
nature over the Cell Site/Equipment, material r any of the rights of not create any rights of whatsoever
the Lessee under this Lease Deed
Any mortaage. lien, charge or encumbrance on the PremisesS
including the Premises created by tha
Lessor(s) shall always be subject to the rights of the Lessee under this Lease
responsible for intimating this provision in writing to Financial Institution/money and the Lessor(s) shall be
lender/third party etr
3.13 The lessor(s) shallensure that no hindrance is caused to the
Lessee and/ or Associated Persone
for any reason whatsoever during the installationof Cell Site; and thereafter during
the Premises during the continuance of the Lease including Activities carried out ot
uninterrupted, unobstructed and unhindered
access to the Premises at all times (including during any pandemiclepidemic) to the Lesserd
Associated Persons, as the Activities of Lessee and the Sevice Providers' services are essential
in nature and under the law. In case of any default on part of the Lessor(s) to adhere to this conditi senvices
Lessor(s) Lessee
WPT)/V0.2
Indus / Cell Site - SLD (A10 +
Lessee shall nol be obged to pay any Rent for such neriod whon thoeaid default
exists.
the Lessor(s) or any third I party, claiming under him or otherwise (directly or indirectly Further, inwithGes
associated the
Lessor(s), causes any hindrance or restriction or obiects to the entry of the Lessee and / or Associated
Dersons, the Lessee shall intimate the Lessor(s) about the
that immediately upon intimation by the Lessee, the Lessor(s) same.shal It isremove or agreed
expressly cause tob be yremoved all
d all
such obstructionS, hindrance, interference in the free
Associated Persons, Equipment, appliances, apparatus. ingress andetc.earess of the Lessee a n t
make necessarY arrangement to remove or materials However, if the Lesso'tey or
cause
within specified tme, if any, no Rent or any money shallto be removed such hindrance, etc.
imniea
Lessor(S) shall be llable to pay Rupees Two thouSand only be pavable by Lessee to LesSSOr()
ner hour on account of such hinara
obstructions etG. as genuine, pre-estimated reasonable and pre-2greed
further hereby agree to pay on actuals any and all losses suffered by liauidated damages. 1he Lesso
in case the Lessee is compelled to remove its thel essee and Service Proviaer(y
Cell Site/Euinment fromn the Premises for any
whatsoever attributable to the Lessor(s), during the Term of this redso
Lease Deed.
3.14 Further, the Lessor(s) shall provide for an appropriate space in
installation of the power meter(s) and other allied installations the Property/Prenmises o
may be required in the event of any technical, administrative including but not limited to the D. Set ds
any circumstance it shall not claim limitations. The Lessor(s) agrees that under
set installed or EB connection of theand/or not be entitled to have nor shall drawa connectionfrom tne b
Lessee in whatsoever manner.
3.15 The Lessor(s) shall extend all c0-operation and
to do all that is necessary to facilitate the Lessee in facilities the Lessee / Associated Persons and
to
obtaining
sanctions as may be required from any statutory, government and/orall clearances/certificates/permissions/
to time. The Lessor(s) shall provide to the municipal/local authority(s), from time
Lessee /Associated Persons, on demand, all the necessary
documents/applications, undertakings, indemnities, affidavits etc. duly signed
prescribed in this regard, to enable the Lessee to apply for and obtain electricity on the format as may be
permissions No Objection Certificates for the Cell Site from the concerned
& connection(s), necessary
electricity board/company. In case the Lessor(s) is required to appear before authorities, including
any permission, sanction, connection, NOC etc., any authority for obtaining
the appointed place as may be necessary, upon he/she/they shall appear at the scheduled time and at
intimation being given by the Lessee.
3.16 If any charges are to be paid on account of seeking
of the infrastructure /telecom equipment to any authority(s) theNOCIpermission, connection for installation
same shall be paid by the Lessee /
Providers as the case may be. All allied costs &expenses shall be borne by the Lessee. Service
3.17 In the event any construction, renovation, repair, demolition is
required to be carried out on the
Property. the Lessor(s) shall serve a notice in writing of its intention to commence
or demolition at least 30 days prior to such such renovation, repair.
commencement, to the Lessee. The Lessor(s) and the Lessee
shall in good faith discuss and agree on the measures to be taken by the
Cell Site infrastructure during the said renovation, repair or /demolition. Lessor(s) for protection of the
Any cost to be incurred for
safeguarding the Lessee's Equipment,
installed on the Premises, as a result of the said renovation, repair or /demolition shall be borne by tba
Lessor(s). However. the Lessor(s) shall take requisite Care and measures to ensure that such renovation
repair, or shall not cause impedimentlinterference in the Activities of the Lessee from the Premieee
closure/suspension of operations of the Lessee. Further, no such renovation, repair or shall be underta
if the same is likely to render the Property /Premises unfit for the use of the Lessee. Further the
shall not ask the Lessee to shift or relOcate its equipment to any oner part of the Premises for any e
ype of repair, maintenance or renovation work.
3.18 That the Lessor(s) shallensure that there shall be minimum required distance maintained behwoon
the equipment of the Lessee and any other structure instaled proposed by the Lessor(s) or third pare
claiming through the Lessor(s) near to the Premises and tne Lessor(s) shall ensure that Such e t e s
shall not cause any obstruction, hindrance to the installation/ Tower(s), structures and other
and appliances of the Lessee. equipment
allow to be installedon the Property, any
3.19 The Lessor(s) shallnot install, cause, or
the placement or operation of which, in thee
judgment of the Lessee, maycommunication
facilities/equipment,
the working of the Equipment. However, the Lessor(s) shallobtain a "No Objection interfere with
Certificate" in writing
Lessee
Lessor(s)
(A10 +VWPT) / v0.2
Indus / Cell Site - SLD
from the Lessee before giving away for usage or to any other
entity engaged in the business of otherwise any other part of the Property
telegraph etc. or
installing or causingto install any communication, radio, telephone, paging VSAT,
hoarding/ neon sign or other structure etc. on any part of the Property.
3.20 Tne LesSo(s) nereby specifically undertakes and cvenants with the Lessee that if any ObsTu
or dispute is caUsed by other occupants of the Pronerty neiabbours or any third party
installations during the Lease period, the Lessor(s) shall remove t o t e at
the obstruction or resolve rne lDont
its own expense. During the
period of laim any Rent
from the Lessee & the
Lessee shall be obstructions, the Lessor(s) shall not be entitled to proportionate
entitled to an abatement of allor part of the Rent, to
the extent and period for
which the Premises cannot be by the Lessee. If any NOC etc. is required
from any neignDour or third party for and in relationutilisedto the Premises then the same Siatd
responsIbility or ne LesSor(s)at his own cost and is to be nrovided to the essee within the time stipulate
by the Lessee.
Lessee
Lessor(s)
/ VO0.2
SLD (A10 + WVPT)
Indus / Cell Site-
4. RESTRICTION ON TRANSFER
the
The Lessor(s) recognizes the fact that the the Lessee for
stated Premises has been taken on Lease byParties as follows:
purposes herein and for a long-term period it is agreed between the
therefore
4.1 The Lessor(s) shall not
transfer the Property and/or Premises fofor a period of 5 years from the date of
Commencement of this
Lease, without the written consent of the Lessee. After the said period the Lessor(s)
shall be entitled to do so subject however after giving 60 davs prior written notice to
4.2 The Lessor(s) shall any competitor
nottransfer,, directly or that ofthe Premises or the Property to
or entity engaged in providing services similar toindirectly. thelessee or the Service Provi0eis.
A3 In the event the Lessor(s) rights in the
otherwise disposes of its
mortgages/transfers/conveys
Property and/or the Premises or any |or
portion thereof to a third dparty and/or the Premises and/or any
portion
thereot gets conveyed/transferred by contract. operation of law andor by order of any courtautnony
any other obligation of the Lessor(s), to a third party such transtericonvevancethe
shall be subject to uis
transfer/conveyance
Lease Deed and shall recognize and accept the riaht(s) of the Lessee and upon
having been completed, the transferee shall step into the shoes of the Lessor(s) and all the rigns a
liabilities of the Lessor(s) shall automaticaly devolve n the transferee. The terms and conditions Ous
Lease LDeed shall remain valid and enforceable against such third party & a clause to this erect Sia
incorporated in sale/conveyance deed, etc. between the Lessor(s) and the third party.
4.4 The Lessor(s) hereby assure the Lessee that before effecting any transfer of the Premises or any part
thereof to a third person, they shall procure from such transferee a letter of confirmation and
acknowledgement, confirming the proposed transferee's unconditional acceptance of the termsand
conditions of this Lease Deed and also its' taking over all the rights and obligations of the Lessor(s), as
stated in this Lease Deed. On transfer of Property to anythird party subject to prior written consent of the
Lessee, the Lessor(s) shall immediately intimate in writing to the Lessee about the same with details of
the transferee and shall also refund the unadjusted Rent to the Lessee.
5. INDEMNIFICATION
5.1 The Lessor(s) shall indemnify, hold harmless and agrees to continue to indemnify the Lessee,
Associated Persons and the Lessee's Directors, employees, officers, personnel, service provider, supplier,
authorised representatives, against all claims, demands, causes of action, obligation, litigation, liability,
loss, damage, cost and expenses incurred, sustained or faced due to any direct or indirect act or omission
and/or misrepresentation, misconduct, fraud, negligence, violation/ breach, of this Lease or any Law.
Rules, Bye-Laws, Notifications or Directions issued by Central, State or Local Authorities, and/or due to
any action or negligence on the part of the Lessor(s);and / or for any arrears or default with respect to
taxes, or any amount payable by the Lessor(s) for and in relation to the Property /Premises or use thereof
bythe Lessee. The aforesaid indemnity shallinclude all costs of shifting, replacement and relocation etc
to any other premises or property and any other cost, loss or damage.
6. TERMINATION
6.1 The Lessee may, at any time hereafter, tor any reason whatsoever, after giving sixty days' prior written
notice, terminate this Lease. The Lessor(s) acknowiedges and agrees that under no circumstances the
Lessor(s) can claim any money / Rent for the unexpired period of the Term of the Lease Deed, nor shall
the Lessee be liable or responsible for payment of any monies on this account. That During the term t
this Lease and upon termination of this Lease, the Lessor(s) Snall not have or claim any lien charoe
l eor
any other right on the Equipment/Cell Site, apparatus, appliances, etc., installed bv the
Premises The Lessee shallbe entitled to remove all S equipmnent, apparatus, appliances etc withet
hindrance. obstruction or objection from the Lessor(s) and ater successful removal of all eguin
apparatus. appliances, etc. shall leave & handover ne possession to the Lessor the Premises
permanent/
where is basis, leaving the civil foundation l not be semi-permanent /RCC structure. Upon the
of termination being given, the Lessor(s) shall entitled to any further monthly as
notice
Rent, reserved
Lessor(s) Lessee
WPT)/ V0.2
above. Where, upon Indus / Cell Site -SLD (A10 +
Premises due to any termination otherwise, the Lessee is
or
its Equipment from the
person, till the time
in illegal
Lessee is
restrictions,
the hindrance and/or
Lessee'ors Equipment is lvinaobstruction,
not able to removeby
caused either the Lessor(s) or any
construed that the
liable or responsible possession
at the shall not be
the
in any
manner,occupant of the
Premises. Premises, it
In such an event. the Lessee shall not be
nameto
Lessor(s) and the Lessor(s)whatsoever, for
shall be liable any including any Rent or under any other
a
as thegenuine, pre-estimated to paymonies
the Lessee an amount of Rs.2,000/-
per day
has removed all its reasonable
Equipment and
from the pre-agreed liquidated damages betweenParties, till the
6.2 Save to the extent Premises.
Rent payable by provided for in the Lease Deed and
Lessee remains in arrear for the T&Cs herein, in the event the entirea monthly
notice byRegd. Post A/D to the Lessee to three months, the Lessor(s) shallgive written
written notice
from the Lessor(s), cure theconsecutive
said within 60 days of the receipt of the said
failing which the Lessor(s)default
shall be entitled to determine this Lease
Deed.
6.3 Except for the
terminate this Leasereason stated in
Deed in any clause 6.2 hereinabove, the Lessor(s) does not have any right to
6.4 The Term mentioned in
circumstances
whatsoever.
Table A of this Lease Deed is
option of the Lessee for same further extendable at the sole ao
the Term provided always thatTerm and conditions of this Iease Deed This Lease shall be efor
this Lease Deed.
the Lessee shall have the right to terminate this Lease as irevOor provided
7. GENERAL CLAUSES
Lessee
Lessor(s)
event, and no
Majeure
occupation Rent and other Indus / Cell Site - SLD (A10 + WPT) /
ft for boundFurther, if the
to make to Lessor(s) outgoings shall be paid until the
V0.2
which heis
expense of
such
the
Premisesneglects
or the make, within the Premises
to
said have again been rendered
7 days
deductthe
Lessor(s) neglectsto repairs
make any
with interest from Property, the Lessee may makeafterthenotice, any repairs
the Rent, or same itself, and
#the
LesSor(s), IS
recoverable
payment from the payment
Lessee or which it is othewise
bound to make, and recover it from the Lessor(s).
itself, and deduct it withagainst the Premises or
make suchAdditionally. which if not made by the
Lessor(s). the
effectby giving a written notice. interest from the Rent,Building/Property,
Lessee shall have the the
or otherwise recoverLessee may
option to terminate it from the
this Lease Deed with immediate
Modification or waiver of any of the
76 terms
when such
Failure of
modifications
either Party to
or waiver is
expressed
and conditions of this
in writing and Lease Deed shall be effective only
obligation undertaken exercise
herein shallpromptly and right herein executed by each of the Parties hereto.
not be granted or to require
subsequent performance of any and all deemed to be a waiver of such right; or of the
strict performance of any
obligations herein undertaken by respective Parties.right to demand
Stamp duty, registration
77 The documents
all other that may be charges and incidental charges thereto in respect of this Lease Deed and
consideringthe executed pursuant to
fact that registration of the this Deed will be borne by the Lessee. However,
registration of1the same, may cause severe fine I executed Lease Deed is a statutory obligation and non-
essor(s) acknowledging the same penalty along with other implications
assures to the Lessee and undertakes. withoutto fail,
renistration formalities Simultaneously
the Lessee, hence
to complete all
with
80 days from the date of execution of this Leasethe execution of this Lease Deed and in any case, witnin
Deed.
78 Save as provided in this Lease Deed the
rtransfer of this Lease Deed or the rights Lessor(s) shall not assian or transfer or permit the assignment
under this Lease Deed to anyother person. The
heentitled to assign and / or transfer this Lease Deed, Lessee sna
obligations and / or rights
Premises or any part thereof to any of its group, subsidiary, affiliate. associated hereunder, usage of the
-in -interest or any third party without giving any prior notice or requiring the consentcompany(ies), successor
of the Lessor(s). In
addition to this, notwithstanding anything contained herein, the Lessor(s) hereby agree that the Lessee
has the right to assign its rights and obligations under this Lease Deed to any bank and/or financial
institutions for subsisting and/or future arrangements and the Lessor(s) further expressly agrees and does
not object that the Lessee may, without recourse, effect such assignment without any further act or any
form of consent or reservations from the Lessor(s).
7.9 No right or remedy conferred upon or reserved tO a non-defaulting party by this Deed is intended to
be or shall be deemed to be exclusive of any other right or remedy provided or permitted by law or equity.
Each such right or remedy shall be cumulative of every other right or remedy.
negotiations between the Parties and
7.10 This Lease Deed is a culmination of the discussions and
them and all rights and obligations with respect
Constitutes the final understanding and agreement between communication
this Lease Deed. Any offer, counteroffer orpost execution of
to the Premises shall be governed only by contrary to or inconsistent herewith, prior to or
made or exchanged between the Parties, between the Parties. The Contents of this
Lease Deed have been
Deed shall not be binding contents have been clearly
Ihis Lease known to the Lessor(s) and its entire Deed on his/her/their own
the vernacular language
read over in Lessor(s) is/are executing this Lease The Parties
understood by the Lessor(s) and the misrepresentation or Coercion of any sort whatsoever. be
VOlition and will and without
any fraud, thereof shall supplied
Deed shall be retained by the Lessee and a copy
dgree that the original Lease
to the Lessor(s) by the Lessee.
Lessee
Lessor(s)
Indus / Cell Site - SLD (A10 + WPT/v0.2
ANNEXURE L2
Lessor(s) Lessee
Indus / Cell Site - SLD(A10 + WPT)/ v0.2
ANNEXURE L3 - NO OBJECTION CERTIFICATE(S)
name of our
Lessee Indus Towers Limited having its office at
the
n
LESSOR(S)
Name:
Aadhar Card no.:
Place.
Date:
Premises situated at
LESSOR(S)
Name:
Aadhar Card no.:
Place
Date
Indus / Cell Site -SLD (A10 + WPT)/v0.2
TO
to certify that
WHOMSOEVER IT MAY
CONCERN
This Indus Towers Limited having its office at
LESSOR(S)
Name:
Aadhar Card no.:
Place
Date
OWNER(S)
Name:
Aadhar Card no.:
Place:
Date :
Indus / Cell Site - SLD (A10 + WPT) /VO.2
Declaration cum Indemnity Bond by the Owner(s)
This Declaration Cum Indemnity Bond (hereinafter "Declaration cum Indemnity Bond") is issued on this
dayof 202 at
by:
The Indemnifier(s):
Wlo, Dlo,Individual(s)
Full Name
(In capital letters) Age Slo Aadhar Card No. Cornmunication Address
(yrs.)
Indemnified"
The Name of the
Registered Office Address Circle Office Address
Company
Tower A,
Building No. 10, City,
Cyber
4th Floor, DLF
Gurugram - 122002
Indus Towers
Limited
sIndemnifier(s) shall ensure that the Indemnified and the Associated Persons shall have
nrestricted and unconditional 24x7x365 days access to the Premises, including during endemic
or pandemic;
The Indemnifier(s) neither has nor shall claim any rights of whatsoever nature over the equipment,
Persons;
goods, material, assets or any property of the Indemnified or any of its Associated
vii Neither the Indemnifier(s) or any of its associated person(s) has nor shall have any rights or
entitlement of whatsoever nature to claim any monies from the Indemnified or any other party on
at
account of any of the activities carried out by the Indemnified and / or Associated Persons
number of
Premises, or for use, or sharing of the infrastructure services of the Indemnified by any
OpCos at the Premises;
vii. The lndemnifier(s) is the person of clear antecedents and has no criminal background, and that
neither it nor any of its associated person(s) shall - (a) directly or indirectly cause any hindrance,
Indemnified and/ or Associated Persons
disruption in any of the activities and /or operations of the
goods, material, assets
at the Premises; (b) cause any harm and /or damage to the equipment, indulge into any activity or
Associated Persons; (c)
or any property of the Indemnified or the prejudicially affects or deteriorates the
inaction that may render the Premises unusable or that
rights of the Indemnified and /or Associated Persons:
Agreement, and in addition to thereof
ix. Without prejudice to the rights of the Indemnified under the right nor shallclaim rent or any money
the Indemnifier(s) and /or any person shall neither have any
(b) and where the Indemnified is
under any name (a) for the unexpired period of the Agreement;
Agreement; and /or (c) where due to the
not able to use the Premises as per its rights under the Indemnifier(s), the
default / breach of the terms of the Agreement or any act or omission of the of the equipment,
Indemnified and Associated Person is in possession of the Premises or any Persons is at the
Indemnified or the Associated
goods, material, assets or any property of the
Premises;
X The Indemnifier(s) is solely responsible for payment of all taxes, statutory and / or any other
administrative dues arising out of or related to the Property and thePremises thereof and the
Indemnifier(s) shalmake allsuch payments completely and in a timely manner;
xi. The Indemnifier(s) shall not, without the prior written approval of the Indemnified, submit or make
/ or any of the
any representation, reply(ies), statement for and in relation to the Indemnified and
activities /operations of and by the Indemnified and its Associated Persons, to and in any inquiry,
notice, proceedings by any regulatory, administrative or judicial authority;
xiL. The Indemnifier(s) shallindemnify, hold harmless and defend the Indemnified, its affiliates, group
companies, Associated Persons and their respective employees, officers and directors from and
against any claims, loss, damage, penalty, levy andlor expenses (including Counsel's fees) and
other incidentalexpenses and/or other liability (direct, consequential, incidental or indirect) due to
or arising out of breach of any of the representations, warranties, declarations, undertakings and /
or terms of this Declaration cum Indemnity.
2. This Indemnity Bond has been executed to secure the interest of the Indemnified shall remain
irrevocable for all purposes.
3. The Indemnifier(s) hereby agree to pay the monies under this Indemnity Bond, without any recourse,
in respect of any loss, claim, damage or expenses (including Counsel's Fees) and/or any liability
(direct, consequentialincidental or indirect) with reference the Property at the first instance upon receipt
of a demand from the Indemnified,without the necessity for the Indemnified having to pay or incur the
same and then to recover such monies from the Indemnifier(s). The Indemnifier(s) also agrees that a
demand made by the Indemnified under this or pursuant to this Declaration cum Indemnity shall be
final and conclusive, and the Indemnifier(s) shall accept the same without any demur and / or
contestation.
4. That the Indemnifier(s) declares that the Indemnity Bond have been drafted on the instructions of the
Indemnifier(s) and have also been read over and understood by the Indemnifier(s) in the vernacular
language in the presence of the witnesses to this Indemnity Bond. The Indemnifier(s) has fully
understood and is aware of the purpose of executing this Indemnity Bond.
Indus / Cell Site - SLD (A10 + WPD/ V0.2
as in its capacity
nis Indemnity Bond is executed hy the Indemnifierís) in its individual capacity as well
and consent without
as ne absolute owner(s)of the Pronerty and bas been executed out of free will
person in charge and/or representatives
yunaue force, coercion, influence and/or threat from any
of the Indemnified or
whatsoever.
winesS whereof the Indemnifier(s) is issuing this Declaration cum Indemnity Bond on the day, month
and year first herein above
written.
Indemnifier(s)
Name:
Aadhar No.
Witnesses: