Terms & Conditions of Licence.
- The Licensed Space is a serviced space duly maintained by the LICENSOR’s Facility Manager and for which a Monthly Service Charge covering water, security, cleaning and fumigation of common areas is payable by the LICENSE.
- Where applicable, the designated common areas of the Licensed Space shall be shared with other Co-Licensees. The rights over and in the Licensed Space shall include the right to use common with others, any shared rights of access, communal parts, paths, and drives.
- In consideration of the Licence, the LICENSEE shall pay to the LICENSOR a predetermined Monthly Subscription Fee and a pre-communicated Monthly Service Charge subject to review as the need arises.
- This duration of the Licence is for One (1) month and renewable on payment of the Monthly Subscription Fee and Monthly Subscription Fee on or before the last day of expiration of the current month (“the Due Date”).
- The Licensed Space is given to LICENSEE “as is”.
- In addition, the Licencee shall be obliged to pay for power vending as jointly contributed by other Licencees. Non-compliance with this is a ground for termination of this Licence Agreement.
- The payment of the first Monthly Subscription Fee and Monthly Service Charge is a condition precedent for the execution of this Agreement.
- The LICENSEE shall issue a post-dated cheque or standing order with his/her Banker in favor of the LICENSOR as security for the fulfilment of the Monthly Subscription Fee and Monthly Service Charge due to the LICENSOR.
Where the Monthly Subscription Fee and/or the Monthly Service Charge becomes due and same is unpaid by the LICENSEE 2 (two) days after the due date:
- The LICENSOR or anyone acting through the LICENSOR shall be entitled to withhold all services covered under the Monthly Subscription Fee and/or the Monthly Service Charge.
- The LICENSOR or anyone acting through the LICENSOR shall be entitled to deny the LICENSEE access to the Licensed Space.
- The LICENSOR or anyone acting through the LICENSOR shall be entitled to eject the Licencee from the Premises.
- The LICENSOR or anyone acting through the LICENSOR shall be entitled to take, move, remove, or transfer all the personal belongings of the LICENSEE in the Licenced space to safe custody.
- The LICENSOR shall be entitled to exercise a right of lien over the personal belongings of the LICENSEE until all outstanding payments and bills incurred by the LICENSEE is settled
- The LICENSOR shall be entitled to sell the personal belongings of the LICENSEE by auction or any other means where the LICENSEE refuses and/or failed to settle all outstanding payments and bills incurred by the LICENSEE within 21 days of the due date.
The LICENSEE is required to pay a caution fee deposit only to the LICENSOR. The caution fee deposit is held by the LICENSOR to rectify any damage caused to the Licensed Space during the LICENSEE’s occupation and use of the Licensed Space and as security for the performance of the LICENSEE’s obligations under this Agreement and as well compensate the LICENSOR for any breach of those obligations. The Deposit shall be refunded to the LICENSEE, less any applicable deduction within 14 days of the termination of the Licence and upon the fulfilment of the following conditions:
- Occupation and use of the Licensed Space has been given up to the LICENSOR with necessary repairs effected (reasonable wear and tear exempted);
- All keys to the Licensed Space have been returned to the LICENSOR;
- LICENSOR shall deduct 30% of the caution deposit if LICENSEE stays for less than 3 months.
- A confirmation has been received from the LICENSOR or the Facility Management Office acting through or further to the LICENSOR’s instruction that no fee is outstanding against the LICENSEE 2. If the LICENSOR, acting reasonably, has need to use part or all of the caution fee deposit during the term because of a breach of any of the terms of this Agreement by the LICENSEE, the LICENSEE hereby agrees to pay the initial sum, or any part thereof as is necessary to bring the account up to the full value. The LICENSEE paying the Monthly Subscription Fee and Service Charge observing and performing the covenants on his/her part shall peaceably hold the Licensed Space without any interruptions or disturbance by the LICENSOR or any person rightfully claiming under it. 4. This relationship is strictly a licence relationship and not a tenancy relationship. Parties further agree that no tenancy right is attributable to the licencee by virtue of this Agreement.
- The Licensed Space shall be used strictly for the designated residential purpose and no part of the Licensed Space shall be used otherwise.
- The Licencee shall keep the Licensed Space and all the inside fixtures, fittings and glasses, in a tenantable manner, and not to remove from it any of the furniture and effects, but keep them in a good state of repair and condition (reasonable wear and tear expected).
- The Licencee shall comply strictly with all Health, Safety and Environment (HSE) guidelines and directives as may be advised by the LICENSOR
- The Licencee shall not permit occupation by any third party or guest exceeding a timeframe of 48 hours
- The Licencee shall not to do or permit any form of outdoor and external branding in the Premises
- The Licencee shall not smoke or permit smoking within the Premises
- The Licencee shall not engage in indiscriminate handing of cloths on the railings and/or the balcony or carry out any other act to deface the Licensed Space or any part of the Premises.
- The Licencee shall not park in unalloted spaces. Parking in unallotted spaces by the LICENSEE or anyone acting through the LICENSEE attacts a penalty as may be advised by the Licensor’s Facility Manager
- The Licencee shall not apply to any part of the Licensed Space any semi- permanent or permanent decorative works including but not limited to wall titles, floor tiles, 3D tiles, stucco, wallpaper and all other semi-permanent or permanent wall decoration, or any decorative wall paint, other than emulsion type paints
- The Licencee shall not do or permit any act or thing inconsistent with the terms of this Agreement, which may be to the annoyance or constitute a nuisance to other occupiers on the Premises
- The Licencee shall permit the LICENSOR or its Facility Manager or any duly authorized agent acting through or further to the LICENSOR’s instruction to carry out periodic inspection of the Licensed Space upon 1 (one) day prior notice to the LICENSEE.
- Licencee shall pay for any damages to the Licensed Space or the common area of the Premises arising from the negligence, misuse or failure to act reasonably by the LICENSEE or anyone acting through the LICENSEE (reasonable wear and tear however expected).
- The Licencee shall not use the Licensed Space or any part thereof or permit the same to be used for any illegal or immoral purpose, noisy, offensive or dangerous use or for any act, matter or thing whatever which may tend to cause annoyance, nuisance and damage to others’ interest.
- The Licencee shall not install any external information, communication and entertainment technology devices such as satellite dishes, cable television infrastructure, antennae and any other devices without the approval and direction of the LICENSOR’s facility Manager as to the proper location of such devices
- The Licencee shall nor assign, sub-license or otherwise part with the occupation and use of the Licensed Space or any part of it without first obtaining the formal written consent of the LICENSOR. If the LICENSEE attempts to assign, sub- licence or otherwise part with the occupation and use of the Licensed Space without the prior written consent of the LICENSOR, the LICENSOR my elect to terminate this Agreement. The LICENSOR has the sole and absolute discretion to grant or deny any assignment or sub-licensing request.
- The Licencee shall at the expiration or sooner determination of the License, to give up peaceable possession of the Licensed Space with all appurtenances thereto in good and tenable repair, ordinary wear and tear expected
- The Licencee shall be held liable for any breach of the obligations or undertaking herein aforementioned either by themselves or anyone acting through the LICENSEE who gains access to the premises through the LICENSEE
- The Licencee shall comply with all such Rules and Regulations put in place by the Licensor for the management of the Licensed Space
- If the Monthly Subscription Fee and/or Monthly Service Charge or any part of it is in arrears for more than 2 (two) calendar days whether formally demanded or not or if the LICENSEE shall omit to perform or observe any condition on its part herein contained or if the LISENSEE for the time being shall become bankrupt or enter into any composition with its creditors or suffer any distress or execution to be levied on its goods or if the LICENSEE for the time being is a company and should enter into liquidation, whether compulsory or voluntary (save for the purpose of reconstruction, amalgamation or restructuring) then it shall be lawful for the LICENSOR to terminate the Licence Agreement and eject the Licencee from the Premises
- The termination of this Agreement will not prejudice the rights of the LICENSOR to claim damages or to obtain any other relief in respect of any antecedent breach of the terms and conditions of this Agreement prior to such termination
- No forbearance, delay or indulgence or omission by the LICENSOR in enforcing the provisions of this Agreement shall prejudice or restrict the rights of the LICENSOR nor shall any waiver of the LICENSOR’ rights operate as a waiver or any subsequent breach
- If any provision of this Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions shall not be affected and shall remain in full force and effect.
- The Agreement constitutes the entire understanding between both Parties as to the subject matter thereof. All representation by any officer, agent or employees of both Parties unless included here are void and of no effect. It replaces and supersedes all prior agreement, understandings and representations, whether written or oral, between the Parties with respect to the subject matter of this Agreement. No amendment, variation, alteration, or deletion shall be void and binding upon the parties unless evidenced in writing, signed and initialed by duly authorized representatives of both Parties.
- That If any legal action or other proceeding of any kind is brought for the enforcement of this Agreement or because of a default, misrepresentation, or any other dispute in connection with any provision of this Agreement, the LICENSOR shall be entitled to recover all fees and other costs incurred in such action or proceeding, in addition to any other relief to which it may be entitled.
- The Agreement shall be construed and governed in accordance with the Laws of the Federal Republic of Nigeria.
- The Agreement may be executed by electronic signature transmitted whether by fascimille, PDF or other email transmission, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature
- The Licensor shall be entitled to terminate the Licence in the event of any breach of the terms and conditions embedded herein or other rules made by the Licensor for the management of the Premises
- The Licensor shall be entitled to terminate the Licence without reason upon 1 month notice to the Licencee, provided the Licencee has paid for the notice period. Where the Licencee fails to pay for the notice period, the Licensor shall be entitled to terminate the Licence immediately.
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