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DEED OF ADDENDUM/MODIFICATION
This DEED OF ADDENDUM/MODIFICATIONis made at Panaji, on this ___ day of the month of ------of the year ------
BETWEEN
TheGOA INDUSTRIAL DEVELOPMENT CORPORATIONLIMITED, a body Corporate established under Goa Industrial Development Act, 1965 (Act 22 of 1965) having its Corporate office at Plot No. 13-A/2, EDC Complex, Patto Plaza, Panaji, Goa-403001, represented in this Act by Shri.------, Chief General Manager, Goa Industrial Development Corporation by virtue of Resolution No. 91/2003,adopted in 269th meetings of Goa IDC Board held on 12/09/2013hereinafter called "THE LESSOR” (which expression shall, unless the context does not so admit, include its successors and assigns of the FIRST PART;
AND
MR. ------, son of Mr. ------, age about ------years, Indian National, resident of ------Sole Proprietor of a proprietary concern in the name and style as ------,hereinafter referred to as “THE LESSEE”, (which expression shall unless itbe repugnant to the context or meaning thereof include its heirs, executors, administrators, successors and permitted assigns) of the SECOND PART.
WHEREAS, the Lessor vide Allotment Order No. ------dated ------have allotted on lease basis the Plot No. ------measuring ------square meters in ------Industrial Estate to the Lessee ------, a proprietary concern of Mr. ------for the manufacture of ------
AND WHEREAS, the Lessor and M/S.------proprietary concern of Mr. ------have executed a Deed of Lease on ------and Registered under No. ------in the Office of Sub-Registrar of ------Goa, wherein the Lessor has demised the plot of land bearing Plot No. ------measuring ------square meters in the property known as “------” bearing Survey No. ------situated in ------, Goa and more particularly described in the schedule thereunder written, for a period of 30 years for the rent and on the terms and conditions and the covenants therein contained for the manufacture of ------which shall hereinafter referred to as the “PRINCIPAL DEED”.
AND WHEREAS, the Lessee vide letter dated ------has informed the Lessor as regards the change in name and activities of the unit from M/S.------, a proprietary concern of Mr. ------for the manufacture of ------to “M/S.------”, a proprietary concern of Mr. ------for the manufacture of ------and further requested the Lessor to incorporate the same in the Principal Deedto which reference is made herein above.
AND WHEREAS, by Order No. ------the Lessor has accorded its permission forchange in the name of unit from M/S.------a proprietary concern of Mr. ------for the manufacturing of ------stating that the annual lease rent @ 2% of the total premium amount of the plot as per prevailing rate of land from time to time is required to be paid annually along with Service Tax @ 12.36% or as is applicable on annual lease rent. However, the present lease rent is Rs. ------p. a. and Service Tax is Rs. ------/- p. a. Further, there shall be 10% increase in lease rent for every three years from the date of order dated ------and Deed of Modification has to be executed.
AND WHEREAS, it is therefore expedient to modify the said Deed of Lease dated------in the terms of the above recital.
NOW THEREFORE THIS INDENTURE WITNESSES AS FOLLOWS:
The said Deed of Lease dated ------shall stand modified/rectified as under:-
In the Paragraph referring to the name of "The Lessee" the following change be made:
1)the nameM/S. ------, a proprietary concern of Mr. ------allottee of Plot No. ------square meters for the manufacture of ------shall be substituted by ------, a proprietary concern of Mr. ------, allottee of Plot No. ------square meters in ------Industrial Estate for the manufacture of processed flour of cereals, wheat, rice and other spices.
2)All the terms and conditions stated in the Allotment Order dated ------are valid and should be followed strictly.
3)Annual lease rent @ 2% of the total premium amount plot as per prevailing rate of the land from time to time is required to be paid annually alongwith Service Tax @ 12.36% or as is applicable on annual lease rent. However, the present lease rent is Rs. ------/- p.a. and Service Tax is Rs. ------/- p.a. Further, there shall be 10% increase in lease rent for every three years from the date of issue of this Order.
4)The said Principal Deedof Lease dated ------shall be deemed to have been modified only to the extent provided in this Deed of Modification as aforesaid and the Parties to this Indenture agree that this modification shall not in any manner effect the terms and conditions stipulated in the Principal Deed and the same shall stand as it is.
5)The party of the Second part shall indemnify and keep indemnified the party of the First part against any losses, claims or action which the part of the First part may have to incur on account of permitting the aforesaid changes in the constitution of the party of the Second part, or for any allied reasons.
6)Upon execution of the Present Deed, the terms, conditions and covenants set out in the Present Deed also the PRINCIPAL DEED shall bind the party of the Second Part, in the same manner as if the “PRINCIPAL DEED” had been initially executed with the party of Second Part.
7)Save as aforesaid, all the terms, conditions and covenants set out in the PRINCIPAL DEED dated 08/09/2010 shall continue to bind the Parties hereto and operate to full effect in the same manner, as if the PRINCIPAL DEED had been executed with the Party of the other Part/Lessee.
The Stamp Duty on the said deed is exempted to the extent of 50 (fifty) percent vide Government Notification Finance Department No. FIN(REV)/2-42/8/2358/71(i) dated 23/09/1971, Entrepreneurs Memorandum Part No. ------dated ------issued by the Directorate of Industries, Trade and Commerce, Government of Goa, Panaji-Goa.
SIGNED, SEALED AND DELIVERED by the within named "THE LESSOR "SHRI. ------, Chief General Manager for and on behalf of the GOA INDUSTRIAL DEVELOPMENT CORPORATION who has been authorised to sign and affix his Official Seal hereto on its behalf duly empowered by Resolution 91/2003 passed by the Board of Directors in its 269th meeting held on 12/09/2003. / )
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SIGNED, SEALED AND DELIVERED by the with named "THE LESSEE"
MR. ------, Sole Proprietor for and on behalf of M/S. ------ / )
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R.H.F.P
L.H.F.P
In the presence of:- / )1.
2.
ADDENDUM /MODIFICATION DEED
THIS DEED OF ADDENDUM/MODIFICATION is made on this day of the month of ------, of the year ------
BETWEEN
The GOA INDUSTRIAL DEVELOPMENT CORPORATION, a body corporate established under Goa, Daman and Diu Industrial Development Act, 1965 with its Corporate office at Plot No. 13-A/2, Patto Plaza, EDC Complex, Panaji, Goa, acting through its Chief General Manager Shri. ------, hereinafter called as the “THE LESSOR of the ONE PART" (which expression shall, unless the context does not so admit, include its successors and assigns);
AND
MRS. ------, wife of Mr. ------, aged ------years, occupation ------resident of ------Sole Proprietress of a proprietary concern of M/S. ------, having its office at ------, ------industrial Estate, ------, Goa, hereinafter called as the “THE LESSEEParty of the “SECOND PART”, (which expression shall unless the same be repugnant to the context of meaning thereof include its successors, legal heirs, receivers, liquidators and permitted assigns);
WHEREAS, by a Tripartite Deed of Lease dated ------and registered under no.------at pages --- to ------, book No. I, volume no. ------dated ------at the office of the Sub-Registrar at ------, the party of the First Part has demised to the party of the Second Part, a plot of land bearing No. ------admeasuring square meters having Godown No. admeasuring ------square meters, in the property known as ------Industrial Estate, which plot is more particularly described in Schedule appended to the aforesaid Tripartite Deed of Lease dated ------. (Which shall hereinafterbe referred to as the "Principal Deed".)
AND WHEREAS, at the time of execution of the Principal Deed, it was mentioned in the Deed the activities of the unit of the Second part was Storage of Temperature and pressure gauges parts.
AND WHEREAS, by letter bearing No. ------it has been taken on record that the use of the Godown No.------allotted to the Party of the Second Part is changed from Storage activities to industrial manufacturing activities of Temperature gauges parts, pressure gauges parts, etc.,.
AND WHEREAS, in view of the aforesaid letter bearing No. ------it is found necessary and expedient to incorporate the aforesaid changes in the Principal Deed, to which reference has been made hereinabove.
NOW THIS DEED OF ADDENDUM WITNESSES as under:-
1. Any reference to the activities of the unit of the Party of the Second Part mentioned in the Principal Deed shall be deleted and replaced by the words Industrial Manufacturing ------instead of the earlier mentioned activities, in the Principal Deed.
2. Save as aforesaid, all other terms, conditions and covenants set out in the Principal Deed, shall continue to bind the parties hereto and separate in full effect and in the same manner, as if the addition/modification made in the present deed, had been initially incorporated in the Principal Deed at the time of its execution.
3. Upon execution of the present Deed of Addendum, the Principal Deed as also the present deed shall be construed as a composite deed for all purpose and intents.
4. The original of this deed is being executed on non judicial stamp paper of Rs. ------/-.
IN WITNESS WHEREOF, the parties hereto have put their signatures on the day, month and year first hereinabove written.
SIGNED, SEALED AND DELIVERED by the withinnamed "THE LESSOR "SHRI. ------ Chief General Manager, for and on behalf of the Goa Industrial Development Corporation who has been authorised to sign and affix his Official Seal hereto on its behalf duly empowered by Resolution No.91/2003 / )
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SIGNED, SEALED AND DELIVERED by the withinamed "THE LESSEE"
------------, for and on behalf of M/S. ------ / )
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R.H.F.P
L.H.F.P
In the presence of:- / )1.
2.