Muhammad Ali Journalist: Deed Of Deed Of Tenancy Agreement

DEED OF TENANCY AGREEMENT

This Deed of Tenancy Agreement is made on this 1^st day of July 2015 of the Christian year.

BETWEEN

MR KAZI ABDUS SALAM, S/O- Late Kazi Mozaffar Hossain and Zulfia Salam of Eastern Harmony, Flat No- B/501, House No- 11/B, Road No- 71, Gulshan, Dhaka, herein after called the land lord (Which expression shall include this heirs, legal representatives, executors and administrators) of The One Part.

AND

Mr. Rokon Uddin Ahamed, Managing Director, Phoenix Home Ltd, of Hossain Tower, 10^th Floor , Suite No- 1001, 116 Gazi Golam Dastgir Road, (Box Culvert Road) Naya Paltan, Dhaka- 1000 hereinafter referred to as the Tenant (Which expression shall include this heirs, legal representatives, executors and administrators) of The Other Part.

The above expression shall mean and include the land lord and Tenant, their heirs and legal representative.

Whereas the Land Lord is the true and lawful owner and possessor of the premises at Hossain Tower, 10^th Floor , Suite No- 1001, 116 Gazi Golam Dastgir Road, (Box Culvert Road) Naya Paltan, Dhaka- 1000 fully described in the Schedule-A hereto and

Whereas the Tenant approached the Land lord for having lease rent of the demised premises and the said Land Lord agreed for letting out the above premises measuring total in the 10^th floor (Western Side) 200 (Two Hundred) Sq.ft. hereinafter called the demised premises monthly rent @ Tk. 20 (Taka Twenty) only per sq.ft. amounting to Tk. 4,000.00 (Four Thousand) Only per month and totaling yearly payment for Tk. 48,000.00 (Forty Eight Thousand) only to be paid fully in advance at the time of signing this agreement and the advance will be adjusted fully from the monthly rental amount and the Tenant accepted the said rate and terms of payment in pursuance of the offer and both the land lord and the Tenant enter into the agreement on the terms and conditions hereinafter contained.

Now This Indenture Withnessth that in pursuance of the said agreement and in consideration of the rent hereby reserved and of the covenants, conditions and agreement hereby reserved and on the part of the tenant to be paid observed and performed the Land Lord do hereby demised unto the Tenant the entire premises covering 200 (Two Hundred) Sq.ft. with all rights, easement and appurtenances to the demised premises belonging and appertaining to usually hold and enjoyed herewith. To have hold the said demised premises unto the use of the tenant for the terms mentioned hereunder:-

1. That the rent of the demised premises shall accrue and the tenancy will commence as from the day the July 01, 2015 and the tenancy will continue for a period of 03 (Three) years up to the 30^th June, 2018 with reference to the Clause No. 4 of this agreement

2. That the Tenant shall continue to hold the possession of the demised premises and shall have the right to use the demised premises for own use only.

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3. If the Tenant decides to retain or renew the tenancy agreement, the Tenant may renew the agreement after finalization of fresh terms and conditions at least one month prior to expiry of the tenancy period.

4. This agreement is liable to be terminated with 03 (Three) month notice from either side and in such event payment and adjustment of advance against rents and charges will be made between the parties hereto. That if the 1^st party intends to terminate the tenancy prior to expiry of the lease period of 3 (Three) years and if 3 (Three) months prior notice is also served to the 2^nd party, in that case, 2^nd party shall vacate the premises just after completion of 3(Three) months notice period and the 2^nd party shall not challenge the same to any court of law.

5. That if the tenancy agreement is not renewed, the Tenant will leave the demised premises hereby convenient to hand over unto the Land Lord the peaceful and vacant possession of the demised premises and that if the Tenant fails to handover the vacant possession of the demised premise to the Land Lord after expiry of the tenancy period he will be liable to pay penalty of Tk. 500.00 (Five Hundred) only for every day.

6. That the Land Lord shall not make any additional construction in the demised premises (10^th floor) without the consent of the Tenant during the period of tenancy.

7. If the Tenant decides to continue the agreement at the end of each year of the tenancy then the tenant shall have to enhance the monthly rate of the rent @ 10% on the last year rate of rent.

8. That with the consent of the Land Lord the Tenant may make such additions, alternations and improvement to the demised premises from time to time require at the cost and expenses of the Tenant.

9. That the Tenant shall pay all the electricity charges of their own Meter and WASA Bills charges proportionate to the area occupied, for any late payment Tenant should pay interest, surcharges if any.

10. That, the LANDLORD shall pay and discharge all Municipal rates and taxes, assessment and all other outgoing of every nature (save and except WASA charges) payable, imposed or charged in respect of the demised premises of which may at any time be payable imposed or charged upon in respect of the demised premises.

11. That if the LANDLORD sells, transfers, assigns, bequeaths, mortgages or in any manner transfer ownership of the demised premises the 'full terms option and conditions of the tenancy shall remain in effect.

12. That the TENANT shall have no right to sub-let-, re-let, underlet the said demised premises or to assign, transfer the lease hold right of the demised premises or to part with the possession of the same or any part thereof.

13. That the LANDLORD will ensure the peaceful occupation of the premises by the TENANT.

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14. That the TENANT shall repair or replace at their own cost for any damages or breakage of door, window, glasses, sanitary fittings, electrical fittings and wiring lines etc. of the premises during their occupancy.

15. That the TENANT during the continuance of the term of tenancy hereby created shall have the right to attach fixtures and fittings or to put up name-boards, painted or electrically operated in or upon or attached to the demised premises which shall remainthe property of the TENANT and the same may be removed thereafter by the TENANT at their own cost and expenses provided any damaged caused to demised premises for such removal will be made good by the TENANT at their own cost and expenses.

16. That the TENANT shall allow the LANDLORD or his duly accredited agent or representative at all reasonable times with due and reasonable notice to enter upon and view the condition of the demised premises.

17. That the TENANT shall use and occupy the demised premises for office purpose only which is permitted by the law of the land and for no other purposes.

18. That the TENANT is strictly prohibited from ( storing combustible article or articles likely to create spontaneous combustion of the demised premises. If the TENANT should violate the condition herein contained they shall be liable to make good for all consequential losses, damages and expenses.

19. That the TENANT shall provide a certified copy of their articles and memorandum of association and an attested copy of their trade license to the LANDLORD during signing this agreement.

20. That if the demised premises or any part thereof shall at any time during the term hereby created be destroyed or damaged by fire so as to be unfit for habitation or use and policy or policies of insurance which may have been effected by the LANDLORD shall not have been visited or payment of the policy money refused in whole or in part in consequent of any act of default of the TENANT and till the demised premises or the part thereof shall have been rebuild or reinstated by the LANDLORD within 2 (two) months after the event the rent hereby reserved or fair proportion thereof accordingly to the nature and extent of the damages will remain suspended until the demised premises shall again be rendered fit for habitation.

21. That in the event of the demised premises being acquired for requisitioned by govt. or any Local or other Authority under any Act of law for the time being in -force then immediately upon the publication of any notification or declaration to the effect or any writing intimation given to the TENANT by or on behalf of any such Govt. or other Authority this tenancy shall cease and determine. In this case, the advance paid by the TENANT and unadjusted towards the rent will be refunded by the LANDLORD to the TENANT.

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22. In the event of dispute or difference arising out of any of the clause, terms mentioned herein such dispute or difference shall be referred to the arbitration of arbitrators, one to be appointed by each party and the arbitrators shall proceed to arbitrate in accordance with the provision of the Arbitration Act of 1940 and the rules hereunder and the award made by the Arbitrators shall be final and binding on both the parties.

In witness whereof the parties hereto-put by their own respective hands unto these presents on this day, month and year first above written.

This document consists of 04 (four) typed pages and attested by 2 (two) witnesses.

SCHEDULE- A

OF THE BUILDING REFERRED TO ABOVE

Western Side of Hossain Tower, 10^th Floor , Suite No- 1001, 116 Gazi Golam Dastgir Road, (Box Culvert Road) Naya Paltan, Dhaka- 1000 measuring 200 (Two Hundred) sq.ft.