Coworking Space Agreement

COWORKING SPACE AGREEMENT

This Coworking Space Agreement ("Agreement") is made at ________, Andaman and Nicobar Islands on ________ by and between:

________ residing at ________ (hereinafter referred to as "Licensor" which expression shall mean and include its legal heirs, administrators and permitted assigns) of the FIRST PART

AND

________ residing at ________ (hereinafter referred to as "Licensee" which expression shall mean and include its legal heirs, administrators and permitted assigns) of the SECOND PART

(Licensor and Licensee are hereinafter individually referred to as 'Party' and collectively as 'Parties')

WHEREAS:

A. The Licensor is the owner and in physical possession of the Coworking Space located at: ________, (hereinafter called the "Coworking Space") along with the existing fixtures and fittings.

B. The Coworking Space remains in the possession of the Licensor. Licensee agrees that this Agreement creates no tenancy interest, leasehold estate or other real property interest in favour of the Licensee. The purpose of this Agreement is the temporary use of the Coworking Space by the Licensee. Both the Licensor, Licensee and other clients will share the office space as stipulated under this Agreement.

C. The Licensor and the Licensee are now desirous of executing this Coworking Space Agreement to record the terms and conditions governing the use of the Coworking Space as set forth hereinafter.

NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER:

1. DEFINITIONS AND INTERPRETATION

In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:

1.1. Words referring to one gender include every other gender.

1.2. Words referring to a singular number include the plural, and words referring to a plural include the singular.

1.3. Words referring to a person or persons include companies, firms, corporations, organisations and vice versa.

1.4. Headings and titles are included in this Agreement for convenience only and shall not affect the interpretation of this Agreement.

1.5. Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement and the events contemplated by it.

1.6. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

2. GRANT OF LEASE

The Licensor hereby grants to the Licensee a non-exclusive license to use the designated workspace(s) within the Coworking Space during the term of this agreement and in accordance with all terms and conditions herein. It is expressly understood that this Agreement creates a license for use and shall not be construed as creating a leasehold interest in the property.

3. WORKSPACE DESCRIPTION

3.1. The Workspace granted under this Agreement shall consist of:

________ ("Workspace")

3.2. The opening time of Coworking Space is as follows:

________

3.3. The common amenities of the Coworking Space shall be used in a cooperative manner available to every user, the additional conditions or booking details are as follows:

________

4. PURPOSE

4.1. The Space shall be exclusively used by the Licensee for the legitimate business purpose. The Licensee shall not use the Space for any unlawful purposes and shall forthwith notify the Licensor if it becomes aware of any illegal activities being conducted on the Space. The Licensee will not store or allow to be stored on the Space any objectionable items prohibited by any law in force during the Lease Period.

4.2. The Licensee may use the Coworking Space solely for the business purposes outlined in this Agreement and in compliance with the rules and regulations of the Coworking Space. The Coworking Space may not be used for residential purposes, any unlawful activity, or any activity that causes unreasonable disturbances or disruptions to other Coworking Space users.

5. LEASE RENT

5.1. The Licensee has agreed to pay the rent of Rs. ________ (________), Inclusive of applicable taxes including GST. in advance on or before 1st (first) day of each calendar month through: account payee cheque

5.2. It is hereby agreed that if a default is made in the payment of rent by the Licensee for: ________ (________) consecutive months the Licensor shall be entitled, in addition to other rights and remedies available to the Licensor under this Agreement and applicable laws, at its sole discretion to terminate the lease granted under this Agreement and to take possession of the Space as full and absolute owner thereof without regard to the time elapsed and without any further prior notice.

5.3. The Licensor shall be responsible for the payment of building tax and any other statutory, and municipal taxes pertaining to the Space during the Lease Period.

5.4. The Parties agree that stamp duty on this Agreement shall be borne by Licensee.

6. TERM OF THE LEASE

The lease of the Space shall commence on ________ and shall continue for a period of ________ (________) months ("Lease Period") unless terminated earlier in accordance with the terms hereof.

7. SUBLEASE, ASSIGNMENT

The Licensee shall not sublet, assign, or otherwise part with the possession of the Coworking Space either in part or in full without the consent in writing of the Licensor. Any assignment, sub-lease or license without the prior written approval of the Licensor shall be null and void and in such an event the Licensor shall be entitled to terminate the lease at its sole discretion without any cost.

8. SECURITY DEPOSIT

8.1. The Licensee has paid to the Licensor an amount of Rs. ________ (________) as interest-free refundable security deposit. The Licensor acknowledges receipt of the security deposit.

8.2. The security deposit shall be refunded without any interest simultaneously with the delivery of possession of the Space by the Licensee to the Licensor upon expiry of the Lease Period or earlier termination of this Agreement in accordance with the terms hereof subject to there being no outstanding dues by the Licensee. The Licensor shall be entitled to adjust any outstanding amounts of rent, interest or other charges due from the Licensee and any amounts spent on repairing damages caused to the Space by the Licensee against the security deposit prior to refunding the same to the Licensee. In the event the amount of the security deposit is not sufficient to cover the outstanding amounts due to the Licensor, the Licensee shall be liable to pay all such outstanding amounts within a period of 15 (fifteen) days from receipt of a written demand from the Licensor.

8.3. An amount of Rs ________ (________) shall be non-refundable any may retained by the Licensor for the following purposes:

________

8.4. In the event the Licensor sells the Coworking Space or assigns all rights under this Coworking Space Agreement to a third party ("New Licensor"), the security deposit shall also be transferred to the New Licensor and the Licensor shall thereafter not have any liability towards the return of the security deposit to the Licensee.

9. 5585855882 888555885

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________. 552 28822822 85588 82 828282 52822288882 225 588 82828 5882885225 8825 522 8255825558 555828228, 58225528228, 25 822528222228 22 25228828.

________. 552 28822822 252 8282588 525 522282 828 282 28228228 525 28525528, 25288525 2588 88 5222 8825252 8558822 522 552522 22 252 52582. 822 8585 28525528 525 28228228 252 82 52858525 22 82 5222825 82 252 28822825, 52 828 8282 5888522822, 5222 85852822 22 252 52582 82 252 28822822.

10. COMPLIANCE WITH RULES

10.1. The Licensee agrees fully abide by the rules of the Coworking Space as they may be amended from time to time. The current rules are attached as Annexure A to this Agreement and are expressly incorporated herein.

10.2. The Licensee shall comply with all applicable laws, rules and regulations of the local government authorities in relation to the Coworking Space.

11. POSSESSION

11.1. Licensee shall be handed over possession of the Space simultaneously with the execution of this Agreement provided an amount equivalent to the security deposit and first month's lease rent has been delivered to the Licensor.

11.2. In the event the Licensor is unable to hand over possession of the Space to the Licensee on the date as specified above, due to any unforeseen circumstances, the Licensor shall not be liable for any damages but the Licensee will not be liable to pay rent until possession is given.

12. OBLIGATIONS OF LICENSEE

12.1. The Licensee shall use the Coworking Space and common areas in a considerate and respectful manner, refraining from any activity that unreasonably disrupts or disturbs other users. This includes keeping noise levels reasonable, maintaining the tidiness of work areas, and adhering to any designated quiet periods or zones.

12.2. The Licensee shall comply with all security procedures and access regulations established by the Coworking Space. The Licensee shall be responsible for safeguarding their own belongings and equipment.

12.3. The Licensee may bring guests to the Coworking Space in accordance with the Coworking Space rules and regulations. The Licensee is responsible for the conduct of their guests and ensuring they comply with the terms of this Agreement.

12.4. The Licensee shall use the Coworking Space along with other facilities in a careful and responsible manner and shall hand over the premises to the Licensor in the same condition (reasonable wear and tear excepted).

12.5. Licensee agrees that it shall not damage the Coworking Space and shall be responsible for any damages sustained to the Coworking Space as a result of any activity on the part of Licensee's invitees, licensees, and/or guests.

12.6. Licensee shall use and operate all electrical, plumbing, sanitary, ventilating, air-conditioning and other facilities and appliances, including elevators (as applicable) in a reasonable manner;

12.7. The Licensee shall not destroy, deface, damage, impair, or remove any part of the Space or Coworking Space therein belonging to the Licensor nor permit any person to do so;

13. OBLIGATIONS OF LICENSOR

13.1. Licensor shall comply with applicable laws and pay the municipal taxes in respect of the Space in a timely manner.

13.2. Licensor shall ensure that any major repairs which may be required for the Space shall be carried out in a timely manner.

13.3. The Licensor shall provide the Licensee with access to the designated Workspace as described in this Agreement. The Licensor shall maintain the Workspace and all common areas of the Coworking Space in a clean, safe, and functional condition.

13.4. The Licensor provides the following facilities to the Licensee:

________

13.5. The Licensor shall implement reasonable security measures to protect the Coworking Space and property of users. The following security measures are available at the Coworking Space:

________

14. REPRESENTATIONS AND WARRANTIES OF LICENSOR

14.1. The Licensor has a clear and marketable title to the Space and has a right, power and authority to grant to the Licensee, the lease of the Coworking Space.

14.2.The Licensor has paid and shall pay all existing and future municipal rates, taxes, levies and similar outgoings in respect of the Coworking Space.

14.3. The Licensee, on paying rent and other charges payable as per this Coworking Space Agreement regularly and on duly observing the terms and conditions hereof, shall be entitled to quiet and peaceful enjoyment of the Space during the subsistence of the term hereof, without any obstruction, interruption or disturbance by the Licensor or any person or persons lawfully claiming through or under the Licensor.

14.4. Except as specified above, the Licensor makes no representations and warranties including but not limited to any express or implied warranties, with regard to the condition of the Space and the Licensee is taking the Space on an as-is-where-is basis.

15. REPRESENTATIONS AND WARRANTIES OF THE LICENSEE

15.1. To pay the Rent on the due dates and in the manner specified in this Coworking Space Agreement and to observe and abide by all the terms and conditions as set out in this Coworking Space Agreement.

15.2. To hand over the vacant possession of the Space to the Licensor immediately upon expiry of the term of the Lease and/or on earlier termination of this Coworking Space Agreement. The Licensee shall be liable to remove all the fittings and fixtures installed by them in the Coworking Space and reinstate the Coworking Space subject to wear and tear.

16. DEFAULT

A breach of any of the terms of this lease by the Licensee which is not cured within a period of: ________, from receipt of notice from the Licensor shall be considered a default under this Agreement. Breaches may include but are not limited to, failure to pay the lease rent, engaging in any unlawful activity, damaging or otherwise destroying Space or any common areas therein, or violation of any part or sub-part of this Lease.

17. TERMINATION

17.1. The Licensor shall also be entitled to terminate the lease without any notice in the event of a default committed by the Licensee which is not cured within a period of: ________, from the date of receipt of a written notice in that regard from the Licensor.

17.2. Licensor shall be entitled to terminate this Coworking Space Agreement by giving written notice of: ________ to the Licensee of its intention to terminate.

17.3. Licensee shall be entitled to terminate this Coworking Space Agreement by giving written notice of: ________ to the Licensor of its intention to terminate.

17.4. Upon any termination of the Lease for any reason whatsoever, the Licensee shall hand over physical vacant possession of the Schedule Coworking Space to the Licensor simultaneous with the Licensor refunding to the Licensee the Security Deposit after adjusting all monies due and payable by the Licensee in terms of this Coworking Space Agreement.

18. INDEMNITY

Each Party shall defend, indemnify, and hold harmless the other Party from and against any claim, liability, demand, loss, damage, judgment or other obligation or right of action, which may arise as a result of the breach by such Party of this Coworking Space Agreement or any misrepresentation made herein.

19. ASSIGNMENT BY LICENSOR

The Licensor shall be entitled to sell, assign, convey or transfer in any manner his interest in the Space or his rights and obligations under this Coworking Space Agreement to any third party without the written consent of the Licensee, provided that he ensures that the prospective purchaser/assignee agrees to be bound by the terms of this Coworking Space Agreement.

20. AMENDMENT

The terms of this Coworking Space Agreement shall not be altered or added to nor shall anything be omitted therefrom except by means of a Supplementary Agreement in writing duly signed by both the Parties hereto.

21. DISPUTE RESOLUTION

21.1. Except as otherwise specifically provided in this Agreement, the following provisions apply if any dispute and difference arise between the Parties, arising out of or in relating to/connection with this Agreement (The 'Dispute').

21.2. The dispute will be deemed to arise when one Party serves on the other Party a notice stating the nature of the Dispute (a 'Notice of Dispute').

21.3. The Parties hereto agree that upon serving a Notice of Dispute, they will use all reasonable efforts to resolve the Dispute between themselves through negotiations.

21.4. Subject to the foregoing, the courts in ________, Andaman and Nicobar Islands shall have exclusive jurisdiction over any dispute, differences or claims arising out of this Coworking Space Agreement.

22. RIGHT TO MORTGAGE

Licensor reserves the right to mortgage or otherwise place a lien on the Space and Licensee agrees to accept the Space subject and subordinate to any such mortgage or lien. In the event the Licensor has already mortgaged the Space, it shall ensure that it obtains the consent of the mortgagor if required, for the lease of the Space.

23. NOTICES

23.1. Any notice or other information/document required or authorised by this Agreement to be given shall be given in writing, in English and by:

23.1.1. Delivering it by hand (a written acknowledgement in receipt thereof shall be sufficient evidence that the notice or other information has been duly given); or

23.1.2. Sending it by nationally recognized courier;

23.1.3. to the relevant Parties at the addresses specified in the name clause of this Agreement above.

24. SEVERABILITY

If at any time, any provision of this Coworking Space Agreement shall become or be held illegal, invalid or unenforceable in any respect under any law, then the legality, validity or enforceability of the remaining provisions shall not in any way be thereby affected or impaired.

25. WAIVER

No failure on the part of either Party to exercise, and no delay on the part of either Party in exercising any right hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or future exercise thereof or the exercise of any other right. The remedies herein are cumulative and not exclusive of any remedies provided by law.

26. COUNTERPARTS

This Coworking Space Agreement may be executed in multiple copies each of which shall be deemed to be an original.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement:

___________________________

________

___________________________

________

Annexure - A Rules and Regulations of Coworking Space