FACILITIES AGREEMENT

THIS AGREEMENT made at Mumbai this ____ day of ____________ 2018.

BETWEEN

MR. RAJIV KARANI, an Adult, Indian Inhabitant, residing at 1601, Saarthi Apartments,
K. M. Munshi Marg, Chowpatty, Mumbai – 400 007, hereinafter referred to as the
“SERVICE PROVIDER” (which expression shall unless it be repugnant to the context
or the meaning thereof be deemed to mean and include its successors and assigns) of the
One Part;
AND

ESSELL TRADELINKS INDIA LIMITED, a company incorporated under Companies

Act, 1956 and having its registered office address at 102, Manbhumkumar’s Residency,
Tukaram Gate Road, East Marreedpally, Secunderabad- 500 026, A.P. India, and having
corporate office at _____________________________hereinafter referred to as the
“ESSELL” (which expression shall unless it be repugnant to the context or the meaning
thereof be deemed to mean and include its successors and assigns) of the Other Part.
Midtown”
WHEREAS:

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A. By a leave and license agreement of even date herewith executed between the
Service Provider, referred to as the Licensor therein, and ESSELL, referred to as
the Licensee therein, the Service Provider has granted permission to ESSELL to
use and occupy the office premises bearing No. Unit No.907 about 479 square feet
(carpet area) equivalent to 719 square feet (chargeable area) on the 9th floor in Wing
“B” of the building known as “Naman Midtown” alongwith exclusive right to use 1
(one) mechanical car parking in the upper / lower basement level in the Building
standing on a portion admeasuring around 5,546.85 sq. mtrs. of municipal leasehold
land bearing Final Plot No. 616 (pt) of Town Planning Scheme IV, Mahim Division,
situate off Senapati Bapat Marg, Elphistone Road, Mumbai – 400 013 (hereinafter
referred to as the “Premises”) in the building known as “Naman
Midtown”(hereinafter referred to as the “Building”)more particularly described
therein on the terms and conditions more specifically enumerated therein for a
period of 5(Five) years commencing on and from the 1st April, 2018 and expiring
on the 31st March, 2023 or until determined earlier as thereinafter provided (“Term”)
(hereinafter referred to as the License Agreement”) and accordingly if the License
Agreement is terminated in accordance with the provisions thereof then this
Agreement shall mutatis mutandis stand terminated and cancelled on the same date.

B. The Service Provider has agreed to provide and ESSELL has accepted to obtain
certain facilities and amenities in the Building as more particularly set out in
Annexure “A” (hereinafter referred to as the “said facilities”) annexed hereto to the
Licensee for the better enjoyment of the Premises during the subsistence of the
License Agreement on the terms and conditions hereinafter mentioned:

NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY

AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

1. The Parties hereto agree that this Agreement shall remain in force up to the Term
and this Agreement shall be co-terminus and co-extensive and shall run concurrently
and neither Party shall be entitled to terminate this Agreement during the period of
the License Agreement.

2. The Service Provider shall provide certain amenities and facilities to ESSELL in
the Building as more particularly set out in Annexure “A” annexed hereto
(hereinafter referred to as “Facilities”) for the better enjoyment of the Premises by
ESSELL upon payment of monthly Facilities Charges as specified herein.

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3. In consideration for the use of the Facilities, ESSELL shall at the request of the
Service Provider solely pay to the Service Provider a monthly
compensation/charges of Rs. 39,545/- (Rupees Thirty-Nine Thousand Five Hundred
Forty-Five only) (calculated @ of Rs.55/- per Sq.ft., for the 719 Sq.ft. of Chargeable
Area) for the Term subject to deduction by ESSELL of tax at source under the Commented [KK1]: This sentence may be added
Formatted: Font color: Light Blue
Income Tax Act, 1961 as may be in force from time to time (“Facility Charges”).
The Facility Charges shall be payable on monthly basis, without any delay, on or
before the fifth day of the month. The Facility Charges is excluding of current and
future common area maintenance charges and property taxes and Service Tax, VAT, Commented [KK2]: Property Taxes may be removed.
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GST, if any, payable as applicable in respect of this Agreement shall be borne by
ESSELL. All the property taxes if any payable to the local authority, both present
and future shall be met by the Service Provider. Commented [KK3]: This sentence may be added
Formatted: Font color: Light Blue

4. The Service provider shall bear and pay all existing common areas maintenance
charges, in respect of common areas maintenance and upkeep of the Building as
well as all external areas attributable thereto proportionate to the Premises.

4.1 The ESSELL agrees that the Security Deposit of Rs.1,18,635/- (Rupees One
laksh Eighteen thousand Six hundred and Thirty Five) shall remain deposited Commented [KK4]: This point may be incorporated
Formatted: Font color: Light Blue
with the Service Provider during the validity, subsistence and operation of
Formatted: Font color: Light Blue
this Agreement and shall be refunded without any interest by the Service Formatted: Font color: Light Blue
Formatted: Font color: Light Blue
Provider to the ESSELL in the manner provided herein. The ESSELL
undertakes not to call for refund of the Security Deposit during the Term,
validity, subsistence and operation of this Agreement.

5. The ESSELL shall at all times have unlimited access to said facilities of the
Building.

6. It is hereby agreed that ESSELL shall not decline to pay or not be entitled to or
claim any reduction, rebate, concession or discount in the Facility Charges by reason
of depreciation and/or wear and tear of the Facilities or on any other ground
whatsoever; and/or for the use of Facilities.

7. It is hereby agreed by and between the Parties hereto that they shall not be entitled
to terminate this Agreement without terminating at the same time the License
Agreement.

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8. As this Agreement is co-extensive and co-terminus, on expiration of the Term or
earlier determination or termination of the License Agreement, ESSELL shall
vacate and hand over charge of the said Premises and shall not claim any rights
towards the said facilities under these presents.

9. The Service Provider represents that:

(a) the Service Provider is the sole and absolute owner of the said Premises and
is absolutely seized and possessed of or otherwise well and sufficiently entitled and
enjoys the said facilities without any interference whatsoever.

(b) No litigation, no claim, actions, arbitrations, land acquisition proceedings,

garnishee or other proceedings is pending in relation to the Facilities.

(c) ESSELL shall be entitled to use the Facilities as stated herein.

(d) The Service Provider shall not do anything or omit or suffer to be done
anything whereby the right of ESSELL to use, occupy and enjoy the Premises under
or pursuant to this Agreement is avoided, forfeited, extinguished or prejudicially
affected in any manner.

(e) The Service Provider has valid annual maintenance contracts for maintaining
the Building including lifts until the society is formed and thereafter the society shall
maintain the same.

10. It is agreed by and between the Parties hereto that on termination or earlier
determination of this Agreement, the Service Provider shall refund (but without
interest) the Security Deposit towards the Facility Charges paid by ESSELL to the
Service Provider more particularly explained in Clause 3 hereinabove.

11. The Service Provider and ESSELL hereby confirms that upon termination or earlier
determination of the License Agreement, this Agreement shall also stand terminated
and thereafter all consequences of the termination of the license as provided under
the License Agreement shall ensue.

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12. Any notice given under this Agreement shall be in writing and may be served by
registered or recorded delivery mail to the Service Provider at the following address
or such other address as it may in future specify by notice in writing to ESSELL;
(SERVICE PROVIDER’S ADDRESS)
MR. RAJIV KARANI,
1601, Saarthi Apartments,
K. M. Munshi Marg,
Chowpatty, Mumbai – 400 007,
Tel: +91 22 ___________
Fax: +91 22 ___________
Email:_________________________

and to ESSELL at the Licensed Premises and failing that at the following address
or such other address as it may in future specify by notice in writing to the Service
Provider:
ESSELL TRADELINKS INDIA LIMITED
Add of Corporate Office
____________________102, Manbhumkumars
Residency,
Tukaram Gate Road,
East Marredpally, Secunderabad
Telangana - 500026
Ph: +91-40-27731224 / 246 ____________________
_____________________
Email: essellcons@gmail.com

13. Nothing herein contained shall be construed as creating any right, interest, easement
tenancy or sub-tenancy in favour of ESSELL on the terms and conditions herein
contained.

14. All the other terms and conditions of the License Agreement shall mutatis mutandis
apply to this Agreement.

15. The recitals and schedules to this Agreement form an integral part of this
Agreement, and in the interpretation of this Agreement and matters relating to
provision of the License Agreement, this Agreement shall be read and construed in
its entirety.

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16. The Stamp duty including Registration fees and Legal charges payable if any on this
Agreement shall be borne and paid by the ESSELL.

IN WITNESS WHEREOF the Parties hereto have executed this Agreement (in duplicate)
the day and year first hereinabove written.
SIGNED SEALED AND DELIVERED for and )
on behalf of the abovenamed Service Provider )
MR. RAJIV KARANI )
1. )
2. )

SIGNED SEALED AND DELIVERED for and )

on behalf of the abovenamed ESSELL )
ESSELL TRADELINKS INDIA LIMITED )
by its __________________ )
Mr. ____________ )
duly authorised by a Resolution passed )
by its Board of Directors on the )
day of ….. 2018 )
1. )
2. )
ANNEXURE “A”

LIST OF COMMON AREAS AND FACILITIES FOR WING B

1. Entrance lobby;
2. Staircase of the building including the landing for the purpose of ingress and egress
but not for the purpose of storage, recreation, residence or sleeping;
3. Lifts and Lift Lobby and landings
4. Common electric meter for common lights.
5. Refuse area located on the _____ floor.
6. D.G. Set Power Back up for the said Unit/Office/Common area.
7. Overhead Water tank.
8. Lift Machine Room
9. Ducts
10. Meter Room

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