Coworking Space Agreement - Template, Sample Form Pro · IN-law
✓ Valid in India · drafted to comply with local law
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COWORKING SPACE LEAVE AND LICENCE AGREEMENT
This Coworking Space Leave and Licence Agreement ("Agreement") is made and executed at ________, Andaman and Nicobar Islands on this ________ by and between:
________, ________, bearing PAN ________, residing/having its registered office at ________ (hereinafter referred to as the "Licensor", which expression shall, unless repugnant to the context or meaning thereof, mean and include its legal heirs, executors, administrators, successors and permitted assigns) of the FIRST PART;
AND
________, ________, bearing PAN ________, residing/having its registered office at ________ (hereinafter referred to as the "Licensee", which expression shall, unless repugnant to the context or meaning thereof, mean and include its legal heirs, executors, administrators, successors and permitted assigns) of the SECOND PART.
(The Licensor and the Licensee are hereinafter individually referred to as a "Party" and collectively as the "Parties".)
WHEREAS:
A. The Licensor is the absolute owner of and is in lawful and physical possession of the coworking premises situated at ________ (hereinafter referred to as the "Coworking Space"), together with the existing fixtures, fittings, furniture and equipment therein.
C. The Parties are desirous of recording the terms and conditions governing the use of the Coworking Space, and accordingly execute this Agreement.
NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS UNDER:
1. DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:
1.1. Words importing one gender include every other gender.
1.2. Words in the singular include the plural and vice versa.
1.3. References to a person include natural persons, companies, firms, limited liability partnerships, corporations, organisations and other bodies of persons and vice versa.
1.4. Headings and titles are for convenience only and shall not affect the interpretation of this Agreement.
1.5. Each Party shall, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement.
1.6. Any obligation on a Party not to do something includes an obligation not to permit or suffer that thing to be done.
1.7. References to any statute or statutory provision include such statute or provision as amended, modified, re-enacted or consolidated from time to time.
2. GRANT OF LICENCE
The Licensor hereby grants to the Licensee a non-exclusive, non-transferable and revocable licence to use the designated workspace(s) within the Coworking Space during the Licence Period and strictly in accordance with the terms and conditions of this Agreement. It is expressly understood and agreed that this Agreement creates only a licence for use under Section 52 of the Indian Easements Act, 1882, and shall not be construed as creating any lease, tenancy or interest in immovable property in favour of the Licensee.
3. WORKSPACE DESCRIPTION
3.1. The workspace granted under this Agreement shall consist of:
________ ("Workspace").
3.2. The operating hours of the Coworking Space are as follows:
________
3.3. The common amenities of the Coworking Space shall be used in a cooperative manner and shall be available to every user; the additional conditions and booking details are as follows:
________
4. PERMITTED USE
4.1. The Workspace shall be used by the Licensee solely for lawful business purposes. The Licensee shall not use the Workspace or the Coworking Space for any unlawful purpose and shall forthwith notify the Licensor if it becomes aware of any illegal activity being conducted therein. The Licensee shall not store or permit to be stored any hazardous, objectionable or prohibited articles in contravention of any law in force during the Licence Period.
4.2. The Coworking Space shall not be used for residential purposes, for any unlawful activity, or for any activity that causes unreasonable disturbance, nuisance or disruption to other users of the Coworking Space.
5. LICENCE FEE
5.1. The Licensee shall pay to the Licensor a monthly licence fee of Rs. ________ (Rupees ________), inclusive of applicable taxes including Goods and Services Tax (GST), in advance on or before the 1st (first) day of each calendar month, by ________.
5.2. In the event of default in payment of the licence fee for ________ (________) consecutive months, the Licensor shall be entitled, in addition to all other rights and remedies available under this Agreement and applicable law, at its sole discretion to terminate the licence granted hereunder and to resume possession of the Workspace, without prejudice to its right to recover all arrears.
5.3. The Licensor shall be responsible for the payment of building tax, property tax and all other statutory and municipal taxes pertaining to the Coworking Space during the Licence Period.
5.4. The Licensee shall be liable to deduct tax at source (TDS), wherever applicable, in accordance with the Income-tax Act, 1961, and to deposit the same with the appropriate authority. The GST registration number of the Licensor is ________.
5.5. The stamp duty and registration charges payable on this Agreement under the Indian Stamp Act, 1899 (as applicable in the Andaman and Nicobar Islands) and the Registration Act, 1908 shall be borne by the Licensee.
6. LICENCE PERIOD
The licence granted hereunder shall commence on ________ and shall continue for a period of ________ (________) months (the "Licence Period"), unless terminated earlier in accordance with the terms hereof.
7. NO SUB-LICENCE OR ASSIGNMENT
The Licensee shall not sub-licence, assign, sub-let or otherwise part with the use or possession of the Workspace or the Coworking Space, either in whole or in part, without the prior written consent of the Licensor. Any such sub-licence, assignment or parting with possession without prior written approval shall be null and void, and the Licensor shall thereupon be entitled to terminate this Agreement at its sole discretion without any liability.
8. SECURITY DEPOSIT
8.1. The Licensee has paid to the Licensor a sum of Rs. ________ (Rupees ________) as an interest-free refundable security deposit, receipt whereof the Licensor hereby acknowledges.
8.3. An amount of Rs. ________ (Rupees ________) shall be non-refundable and may be retained by the Licensor for the following purposes:
________
8.4. In the event the Licensor sells the Coworking Space or assigns all its rights under this Agreement to a third party ("New Licensor"), the security deposit shall stand transferred to the New Licensor, and the Licensor shall thereafter have no liability towards refund of the security deposit.
9. MAINTENANCE AND REPAIRS
9.1. The Licensor shall, at its own cost and expense, carry out all major and structural repairs to the Coworking Space and maintain the common areas, amenities and facilities provided therein.
9.2. The Licensee shall keep the Workspace and the equipment, fixtures and fittings therein in good and clean condition and shall promptly notify the Licensor of any damage, defect or malfunction observed.
9.3. Any damage caused to the Coworking Space, its fixtures, fittings or equipment due to the negligence, misuse or default of the Licensee or its employees, guests or invitees shall be repaired at the cost of the Licensee, failing which the Licensor may carry out such repairs and recover the cost from the Licensee or adjust the same against the security deposit.
10. COMPLIANCE WITH RULES
10.1. The Licensee agrees to abide fully by the rules and regulations of the Coworking Space, as amended from time to time. The current rules are set out in Annexure A and are expressly incorporated into this Agreement.
10.2. The Licensee shall comply with all applicable laws, rules and regulations of the local and statutory authorities in relation to the use of the Coworking Space.
11. POSSESSION FOR USE
11.1. The Licensee shall be permitted use of the Workspace simultaneously with the execution of this Agreement, provided that an amount equivalent to the security deposit and the first month's licence fee has been paid to the Licensor.
11.2. If the Licensor is unable to permit use of the Workspace on the date specified above due to any unforeseen circumstances, the Licensor shall not be liable for damages, but the Licensee shall not be liable to pay the licence fee until such use is permitted.
12. OBLIGATIONS OF THE LICENSEE
12.1. The Licensee shall use the Workspace and common areas in a considerate and respectful manner, refraining from any activity that unreasonably disrupts or disturbs other users, including keeping noise levels reasonable, maintaining tidiness, and adhering to designated quiet periods or zones.
12.2. The Licensee shall comply with all security procedures and access regulations established by the Coworking Space and shall be responsible for safeguarding its own belongings and equipment.
12.3. The Licensee may bring guests in accordance with the rules of the Coworking Space and shall be responsible for the conduct of such guests and their compliance with this Agreement.
12.4. The Licensee shall use the Coworking Space and its facilities carefully and responsibly and shall hand over the Workspace to the Licensor in the same condition (reasonable wear and tear excepted).
12.5. The Licensee shall be responsible for any damage caused to the Coworking Space by it or its invitees, licensees and guests.
12.6. The Licensee shall use and operate all electrical, plumbing, sanitary, ventilating, air-conditioning and other facilities and appliances in a reasonable manner.
12.7. The Licensee shall not destroy, deface, damage, impair or remove any part of the Workspace or Coworking Space belonging to the Licensor, nor permit any person to do so.
12.8. The Licensee shall, in the course of its use of the Coworking Space, comply with the Digital Personal Data Protection Act, 2023 and all applicable data protection laws in respect of any personal data it processes.
13. OBLIGATIONS OF THE LICENSOR
13.1. The Licensor shall comply with applicable laws and pay the municipal and statutory taxes in respect of the Coworking Space in a timely manner.
13.2. The Licensor shall ensure that any major repairs required for the Coworking Space are carried out in a timely manner.
13.3. The Licensor shall provide the Licensee with access to the designated Workspace and shall maintain the Workspace and all common areas in a clean, safe and functional condition.
13.4. The Licensor shall provide the following facilities to the Licensee:
________
13.5. The Licensor shall implement reasonable security measures to protect the Coworking Space and the property of users. The following security measures are available:
________
14. REPRESENTATIONS AND WARRANTIES OF THE LICENSOR
14.1. The Licensor has a clear and marketable title to the Coworking Space and has the full right, power and authority to grant the licence hereunder.
14.2. The Licensor has paid and shall continue to pay all existing and future municipal rates, taxes, levies and outgoings in respect of the Coworking Space.
14.3. The Licensee, on duly paying the licence fee and other charges and observing the terms hereof, shall be entitled to quiet and peaceful use and enjoyment of the Workspace during the subsistence of the Licence Period without unlawful obstruction or disturbance by the Licensor or any person lawfully claiming through or under the Licensor.
14.4. Save as expressly stated herein, the Licensor makes no representations or warranties, express or implied, regarding the condition of the Coworking Space, and the Licensee accepts the same on an "as-is-where-is" basis.
15. REPRESENTATIONS AND WARRANTIES OF THE LICENSEE
15.1. The Licensee shall pay the licence fee on the due dates and in the manner specified herein and shall observe and abide by all the terms and conditions of this Agreement.
15.2. The Licensee shall hand over vacant possession of the Workspace to the Licensor immediately upon expiry or earlier termination of this Agreement, and shall remove all fittings and fixtures installed by it and reinstate the Workspace, reasonable wear and tear excepted.
15.3. The Licensee has the legal capacity and, where applicable, the corporate authority to enter into and perform this Agreement.
16. DEFAULT
A breach of any term of this Agreement by the Licensee which is not cured within ________ from receipt of written notice from the Licensor shall constitute a default. Such breaches include, without limitation, failure to pay the licence fee, engaging in any unlawful activity, damaging or destroying the Workspace or common areas, or violating any provision of this Agreement.
17. TERMINATION
17.1. The Licensor shall be entitled to terminate this Agreement in the event of a default by the Licensee which is not cured within ________ from the date of receipt of a written notice in that regard.
17.2. The Licensor shall be entitled to terminate this Agreement by giving written notice of ________ to the Licensee.
17.3. The Licensee shall be entitled to terminate this Agreement by giving written notice of ________ to the Licensor.
17.4. Upon termination for any reason whatsoever, the Licensee shall hand over physical vacant possession of the Workspace to the Licensor simultaneously with the Licensor refunding the security deposit after adjusting all monies due and payable by the Licensee under this Agreement.
18. INDEMNITY
Each Party shall defend, indemnify and hold harmless the other Party from and against any claim, liability, demand, loss, damage, judgment, cost or expense arising as a result of any breach of this Agreement or any misrepresentation made herein by such Party, its employees, agents, guests or invitees.
19. ASSIGNMENT BY THE LICENSOR
The Licensor shall be entitled to sell, assign, convey or transfer its interest in the Coworking Space or its rights and obligations under this Agreement to any third party without the consent of the Licensee, provided that the Licensor ensures that the prospective purchaser or assignee agrees to be bound by the terms of this Agreement.
20. AMENDMENT
No alteration, addition or omission to this Agreement shall be valid except by means of a supplementary agreement in writing duly executed by both Parties.
21. DISPUTE RESOLUTION AND GOVERNING LAW
21.1. This Agreement shall be governed by and construed in accordance with the laws of India.
21.2. Any dispute or difference arising out of or in connection with this Agreement (the "Dispute") shall be deemed to arise when one Party serves on the other a written notice stating the nature of the Dispute (a "Notice of Dispute").
21.3. Upon service of a Notice of Dispute, the Parties shall use all reasonable efforts to resolve the Dispute amicably through mutual negotiations within 30 (thirty) days.
21.4. If the Dispute is not so resolved, it shall be referred to and finally resolved by arbitration by a sole arbitrator to be appointed mutually by the Parties, in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be ________, the language of arbitration shall be English, and the arbitral award shall be final and binding on the Parties.
21.5. Subject to the above, the courts at ________, Andaman and Nicobar Islands shall have exclusive jurisdiction in respect of any matter arising out of this Agreement.
22. RIGHT TO MORTGAGE
The Licensor reserves the right to mortgage or otherwise create a charge or lien on the Coworking Space, and the Licensee agrees to accept its rights hereunder subject and subordinate to any such mortgage, charge or lien. Where the Coworking Space is already mortgaged, the Licensor shall obtain the consent of the mortgagee, if required, for the grant of this licence.
23. NOTICES
23.1. Any notice or other communication required or authorised under this Agreement shall be given in writing, in English, and by:
23.1.1. delivering it by hand (a written acknowledgement of receipt being sufficient evidence of service); or
23.1.2. sending it by a nationally recognised courier or registered post with acknowledgement due; or
23.1.3. sending it by email to the email address notified by the relevant Party,
in each case to the relevant Party at the address specified in the recital of this Agreement, or such other address as may be notified in writing.
24. FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement (other than the obligation to pay money) to the extent such failure or delay is caused by an event beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic, pandemic, war, civil commotion, or any order or directive of any government or statutory authority.
25. SEVERABILITY
If any provision of this Agreement becomes or is held to be illegal, invalid or unenforceable under any applicable law, the legality, validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
26. WAIVER
No failure or delay by either Party in exercising any right under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any further exercise thereof or of any other right. The remedies herein are cumulative and not exclusive of any remedies provided by law.
27. ENTIRE AGREEMENT
This Agreement, together with its Annexure, constitutes the entire agreement between the Parties relating to its subject matter and supersedes all prior negotiations, understandings and agreements, whether oral or written.
28. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have set and subscribed their respective hands to this Agreement on the day, month and year first hereinabove written.
___________________________
LICENSOR: ________
___________________________
LICENSEE: ________
WITNESSES:
1. ___________________________
Name: ________
Address: ________
2. ___________________________
Name: ________
Address: ________
ANNEXURE A — RULES AND REGULATIONS OF THE COWORKING SPACE
________
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