GBT NBSNL

LEASE AGREEMENT
AGREEMENT made this.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . .. . . . . .Two
Thousand and . . . . . . . . . . . .. . . . . . . between . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
son/wife of . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (here in
after referred to as THE LESSOR which expression shall unless excluded by or repugnant to the context be deemed
to include his successors, executors, their respective administrators and assigns) on the one part and BHARATH
SANCHAR NIGAM LIMITED (BSNL), a Company incorporated under the Companies Act, 1956 having its
Registered and Corporate Office at B-148, Statesman Building, Barakhamba Road, New Delhi -110001 (hereinafter
referred to as THE LESSEE which expression shall be deemed to in clude its successors and assigns wherever the
context so admits or requires) through its duly authorized representative Sri./Smt . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,
Designation & address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the other part.

LESSOR LESSEE
 WHEREBY IT IS AGREED AND DECLARED AS FOLLOWS

1. In consideration of the rent hereinafter reserved and of the other conditions here in contained, the Lessor
hereby confirms that the Lessor is the legal owner of the Demised Premises and all the rights, title and
interest in the Demised premises vest absolutely with the Lessor and the LESSOR agrees to let out and
LESSEE agrees to take on lease cents/Sq Mtrs of land having the survey No. .. at
along with a room in the adjacent building having Door No. (herein
after called the demised premises) for the purpose of installing cellular Telephone Towers and equipments,
more particularly described in SCHEDULE A and the layout under Schedule B along with all rights and
privileges of LESSOR regarding use of approach road to the said plot, drawing cable, connections and way to
the said plot.

2. The lease shall commence from the date of starting of the work at the site or six months from the date of
signing the agreement whichever is earlier, subject to the owner furnishing the following documents.
(i) Copy of Latest Tax Receipt of Land .
(ii) Copy of Title Deed.
(iii) Possession Certificate of Land.
The Lease shall continue for a term of 15 years from such date of commencement of the lease.

3. a) The Lessee, shall subject to the terms hereof, pay rent for the said demised premises at the rate of Rs . .
/-( Rupees ... .. . . . . . . . . .. .. . . . . .. ... . . . . . . . only) per month
payable monthly in arrears, inclusive of maintenance, with a cummulative increment of .% for every
.years from the date of commencement of the lease. In the event of the terms hereby created being
terminated or commenced as provided by these presents, the Lessee shall pay only a proportionate part of the
rent for the fractions of the current month up to or from the date of such termination or commencement. The
rent shall be paid to the Lessor only after TDS as per the prevailing Income Tax Rules, in case the same is
applicable.
b) Lessor understands and accepts the fact that the rental will accrue to him as per the agreement terms but will be
paid to him only after the mobile system installed at the leased out premises is operationalised.The lessor will be
paid,the rental accrued till that date in lumpsum including interest@8% calculated from the date each month's rent has
fallen due.The subsequent payments will be made by the lessee on a monthly basis. The lessor also understands and
accepts the fact that in case BSNL has to abandon the site and terminate this agreement due to reasons beyond BSNL's
control like neighbours protest,local public protest etc,the amount accrued till the date of abandonment will be
forfeited and hence no amount will be payable by the lessee.

4. The said premises shall be deemed to include the fixtures and fittings existing thereon as shown in Schedule
A and schedule B above referred to, and the Lessee shall upon the expiration of the term hereby created
or any renewal thereof and subject to clause II hereof, yield up the said premises including fixtures and
fittings in as good a condition as received fair. Wear and tear, Damage by fire, acts of God, riots or other civil
commotion, enemy action and /or other cause not within the control of the Lessee, exempted, PROVIDED
THAT THE LESSEE shall not be responsible for any structural damage, other than that caused by the Lessee
to the said premises which may occur to the same during the terms hereby created or any renewal thereof.

5. The Lessee shall be entitled to use the said premises:

a). For the erection of a ground based tower of appropriate height for its proposed mobile services.
b) For accommodating a prefabricated structure of approximate size 3 X 2x 2.5 mtr, with equipments therein, near to
the tower
Or
For the construction of a room/building of appropriate size and shape, provided with air-conditioning, anti-static
flooring, Fire detection system etc
Or
For accommodating the GSM related equipments in the leased out room after carrying out the necessary infra

LESSOR LESSEE
structure work such as air-conditioning, anti static flooring, fire detection system etc. The Lessee in such cases
reserves the right to change or add any lock to the premises, or any part thereof, without obtaining prior written
consent of the Lessor. The Lessor agrees that he will have no claim for the duplicate key to the changed or added lock.
c) For accommodating a 15 KVA diesel engine with acoustic enclosure in the vacant compound or in the room agreed
upon to be built by LESSEE.

d) For accommodating a meter panel in an appropriate location of the premises agreeable to KSEB to extend separate
KSEB Power Supply for the exclusive use of the Lessee
e). For taking earth pits in the compound for the proposed Tower, Diesel Generator, GS M Equipment, KSEB Meter
panel etc
f). For extending the Tower Earth, DG earth & Equipment earth, KSEB earth etc from the respective earth
pits on the ground to the needed connecting points.
g). For drawing any additional cables through the building or through the land situated in the said premises, without
causing any damage to the building/structures thereon.
h). For accommodating a small watchman shelter in the said premises, if needed.
i). The Lessee reserves the exclusive right under this lease agreement to appropriate the equipments/towers installed in
the leased premises either by itself directly or through its authorized agencies/vendors/business partners based on the
lessees business model and regulatory/licensing authority directives issued from time to time.

6. In addition to the purposes mentioned under clause 5, the LESSEE shall be entitled to use the said premises
for any purpose what-so-ever during the continuance of the tenancy, without causing any damage to all the
appurtenance thereon.

7. The Lessor agrees to arrange for vegetation cleared and hindrance free path for taking the power lines, Optic
fibre cables, Telephone cables etc to the said premises.

8. The authorized maintenance staff of LESSEE shall be permitted entry to the premise at anytime during the
day and the watchman, if any, shall be instructed accordingly.

9. The Lessor hereby confirms that the Demised premises are unencumbered and free from any court case, lien
etc

10. The lessee shall be entitled to engage a watchman round the clock, if required, in the said premises.

11. The Lessor shall pay and discharge all past, present and future rates, taxes, cessess, assessments, charges,
whether levied by the Government, Municipality or any other local or public body or authority in respect of
the Demised Premises. In case of failure by the Lessor to pay the government or statutory dues the Lessee
shall, at its option, have the right to pay the said amount upon receipt of notice on it by the Government or
such Statutory authorities and deduct the same from the monthly rents payable.

12. The LESSEE shall pay all charges in respect of electric power, light and water used by the lessee on the said
premises during the continuance of these presents on actual basis.

13. The Lessor will provide suitable passage to the said premises from public road and ensure LESSEE staff or
persons authorised by LESSEE for free entry and transport of equipments to the said premises at any time.

14. The Lessor agrees to cooperate with the Lessee, its officers, employee and its representatives, at all times
during the continuance of this Agreement, so that the Lessee is in a position to effectively maintain and
operate the Services for which the Demised Premises has been leased out.

15. The Lessor shall keep the premises and passage to the premises in good condition at his own cost, by

LESSOR LESSEE
 periodical clearing of vegetation, check for water logging etc.

16. The Lessor shall not claim any additional rent for stocking materials of the lessee in the vacant
space/compound of the lessor near to the Demised Premises during installation period.

17. The Lessor shall not lease out the premises to any rival/competing parties for the same purpose while the
Lessee is subsisting.

18. The Lessor is duty bound to restrict the encroachment of any third parties or unauthorized persons to the said
premises and in case any loss happened due to the encroachment by persons permitted by the Lessor or with
the knowledge of the Lessor, in such events the Lessor shall indemnify the Lessee for the same. Similarly any
loss happened due to the encroachment of the Lessee staff in the Lessor s premises ; the lessee is bound to
indemnify the Lessor.

19. That in the event the LESSOR wants to assign/transfer the demised premises during the currency of lease,
such transfer shall be only subject to the terms and conditions of this agreement and that the tenure and
conditions of this lease agreement shall remain binding on the new assignee/transferee and the
assignor/present lessor may make suitable provisions in the assignment deed to that effect. The failure or
omission of the lessor to make mention of the currency of lease and the attendant liabilities shall not prejudice
the rights of BSNL/Lessee herein in any manner and the eventual purchaser shall not have any claim against
BSNL except the claim for monthly rent which he shall be entitled to get from the month immediately
commencing after the lessee is formally notified of the transfer on a communication to be given by the
assignor/ the present lessor .

20. BSNL shall have the right to share the site along with its infrastructure as deemed fit by BSNL with any
other agency including a telecom operator or another department and in such an event BSNL will pay an
additional sum as may be agreed mutually at the time of such sharing from the date of installation of such
equipment by the sharing agency and such amount will continue to be paid along with the basic rent till such
time the sharing agencies equipment is available at the site.Subsequent to the commencement,this amount
will get enhanced at the same rate,and also concurrently,as the basic rental.This amont will be paid for each
additional sharing occupant agency but will not have any relation with the type or quantum of equipment that
may get installed /modified from time to time.Any additional space required to meet the sharing requirement
has to be borne by the lessor without any additional amount.Moreover the above sharing terms will not be
applicable for media sharing or sharing of BTS equipment.BSNL will solely have the right to determine any
right or otherwise of such agencies and their representatives at the site and no communication what so ever
shall be done by the lessee with such sharing agencies in this regard..

21. The LESSOR shall provide with any additional space if required by the LESSEE the same shall be given on
pro-rata rental basis, if such space is available and agreeable to the Lessor.

22. The LESSEE on mutual consent with the Lessor may at any time during the term hereby created and any
renewal thereof erect upon the said premises such buildings or installations or other works and install therein
such fittings and fixtures as it may think fit ensuring safety and integrity of all appurtenance thereon or in the
neighbourhood PROVIDED ALWAYS THAT such buildings, installations or other works, fittings and
fixtures shall remain the property of the LESSEE who shall be at liberty to remove and appropriate to itself
any or all of them at the expiration of the terms hereby created and any renewal thereof, PROVIDED
FURTHER THAT the LESSEE shall again hand over the said premises in the same condition as they were in
at the commencement of these presents, fair, wear and tear and damage by fire or other causes beyond the
control of the LESSEE exempted or at its option pay compensation in lieu thereof PROVIDED FURTHER
THAT such compensation shall not exceed the value of the said premises occupied on the date of the
determination of these presents, if they had remained in the same structural and condition of repairs, as they

LESSOR LESSEE
 were in at the commencement of this lease.

23. The LESSEE shall be released from paying any rent in respect of the whole or any such part of the said
premises as might be rendered uninhabitable by fire, Acts of God, riots or civil commotion, enemy action
and/or other causes not within the control of the LESSEE and in such cases the rent payable here under shall
be accordingly apportioned or at its option the LESSEE shall have power to terminate these presents
forthwith without prejudice to its rights to remove works, fittings, fixtures and machinery under clause 21
hereof.

24. The LESSEE shall not be liable for loss of profit, loss of goodwill arising from its occupation of the said
premises or for any amount of compensation in respect of the said premise other than the rent payable as
aforesaid and the LESSOR shall make no claim in respect thereof.

25. The LESSOR agrees with the LESSEE that the latter paying the rent hereby reserved and observing and
performing the conditions and stipulations herein contained on the LESSEE s part to be observed and
performed shall peacefully hold and enjoy the said premises during the said term and any renewal thereof
without any interruption or disturbance from or by the LESSOR or any person claiming by through or under
him.

26. If the LESSEE shall be desirous of taking a new lease of the said premise after the expiration of the term
hereby granted and of such its desire shall deliver to the land lord or leave for him or send by registered post
to him at the last known place of abode or business notice in writing not less than one month before the
expiration of the term hereby granted then the LESSOR will at or before the expiration of the term hereby
granted if there shall then be no subsisting breach of any of the lessee s obligation under this present
Agreement on the part of the LESSEE grant to the LESSEE a new lease of the said demised premises for a
further term to commence from and after the expiration of the term hereby granted under conditions
prevailing at that time, provided the Lessor agrees.

27. The LESSEE shall be entitled to terminate the lease at any time by giving to the LESSOR one month s
previous notice in writing of its intention to do so.

28. Any notice to be made or given to the Lessee under these presents or in connection with the said premises
shall be considered as duly given if sent by the Lessor through the post by registered letter addressed to the
the Assistant General Manager (E/P), O/o The General Manager Telecom, Malappuram on behalf of the
Lessee and any notice to be given to the Lessor shall be considered as duly given if sent by the Assistant
General Manager (E/P), O/o The General Manager Telecom, Malappuram through the post by registered
letter addressed to the landlord at his last known place of abode. Any demand or notice sent by the party in
either case shall be assumed to have been delivered in the usual course of post.

29. PROVIDED ALWAYS and it is hereby expressly agreed that if at any time there shall arise any dispute,
doubt, difference or question with regard to the interpretation or in respect of the right, duties and liabilities of
the parties hereto or in any way touching or arising out of these presents or otherwise in relation to premises
then every such dispute, difference, doubt or question (except the decision where of is herein expressly
provided for) shall be referred to the sole arbitration of the General Manager Telecom, Malappuram, or in
case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the
officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of
the G. M. T, Malappuram or by whatever designation such an officer may be called (herein after referred to as
the said officer), and if the G. M. T, Malappuram or the said officer is unable or unwilling to act as such, then
to the sole arbitration of some other person appointed by the G. M. T, Malappuram or the said officer. The

LESSOR LESSEE
 agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996.
There will be no objection to any such appointment on the ground that the arbitrator is a Government Servant
or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a
Government servant he has expressed his views on all or any of the matters in dispute. The award of the
arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to
whom the matter is originally referred, being transferred or vacating his office or being unable to act for any
reason whatsoever, G. M. T, Malappuram or the said officer shall appoint another person to act as an
arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed
from the stage at which it was left out by his predecessors.

The arbitrator may from time to time with the consent of both the parties enlarge the time frame for making and
publishing the award. Subject to the aforesaid, Arbitration and Conciliation Act 1996 and the rules made thereunder,
any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this
clause. The venue of the arbitration proceeding shall be the O/o G. M. T, Malappuram of such other places as the
arbitrator may decide.

30. This document, including the attachments incorporated by reference herein, constitutes the entire and sole
agreement between Lessor and Lessee respecting the leased Premises, the leasing of the leased premises to
Lessee and the lease term created under this lease and correctly sets forth the obligations of Lessor and
Lessee to each other as of its date. The Lessor signing this lease agreement hereby state that all questions
about this lease agreement have been answered, that the Lessor fully understands all the provisions of the
agreement and the obligations and responsibilities of each party, as spelled out herein.

In WITNESS hereof these presents have been executed by the LESSOR and the Divisional Engineer
on behalf of LESSEE, the day and year first above written.

Signed by LESSOR. Signed on behalf of LESSEE ..

(LANDLORD) (BSNL)

Place. Place.

Date. Date .

In presence of Witneses:

1. Signature . 1.Signature.

Name: Name:

Address:. Address:

. . .

LESSOR LESSEE
 SCHEDULE A

1. Portion of open land having an area of about...cents/sq.m. under survey

No in Village, .. Taluk with boundaries described here
in and measuring meters from, .Meters from there to ., meters from there to
. and . Meters from there to the original point of measurement more particularly defined in the
Sketch under Schedule B

Boundaries:-
South: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
North . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. A room of .. . . .mtrs X . .mtrs and having the Door No, adjacent to the leased out open plot .

3. Access agreed upon : Access to the GSM site through the existing passage or

4. Vegetation free path through/at.without any other hindrance for drawing power lines from
the existing nearby service pole of KSEB, for drawing optic fibre cables, telephone line/cables etc

SIGNED BY THE LESSOR (Landlord)

SIGNED FOR AND ON BEHALF OF LESSEE (BSNL).....................................................................

DESIGNATION AND ADDRESS

In the presence of:

LESSOR LESSEE
1. 2. ..
. ...
.

LESSOR LESSEE