You are on page 1of 3

AGREEMENT TO LEASE SCHOOL BUSES ON CONTRACT BASIS

THIS LEASE (hereinafter referred to as the "Lease") is made at Tumkur and effective
from dt _____________, by and between Mr _________________ s/o
_______________________ (hereinafter referred to as the "Lessor" which expression
shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and
include its successors and assigns) and St Mary’s school of Mary Salian Society
Gandhinagar Tumkur represented by Manager Sr _______________ (hereinafter referred
to as the "Lessee" which expression shall, unless it be repugnant to the context or
meaning thereof, be deemed to mean and include her successors in office and assigns).

WHEREAS the Lessor desires to lease to Lessee, and Lessee desires to lease from
Lessor, certain buses for the absolute use of lesse school in batwadi.

NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter


set forth, the parties hereto agree as follows:

1. Lease. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the
following buses which was purchased by full investment of lessor, registered as benami
in the name of lessee. Although lessee holds ownership of buses on documents, in reality
lessee holds in trust for lessor.

Bus Make:___________________________________

Bus Model:___________________________________

Bus Chasis Number:___________________________

Bus Registration number:_______________________

Bus seating capacity:___________________________

Brand new/old:________________________________

2. Term. The term of this Lease shall commence on dt _______________and shall


expire on dt _________________ months thereafter.

3. Mutual trust Lessee shall be responsible for holding ownership of leased buses in
trust of lessor as a trustee and after lease period closes lessee shall follow the desired
directions of lessor either to dispose off or to transfer it in any persons name as desired by
lessor.

4. Rent and Deposit. The rental for the use of buses shall be paid by lessor out of
collected amount from the students of Batwadi school for first five years in full and for
next further years as may be decided by lessee and lessor with mutual terms as may be
acceptable to both. Lessee shall pay a deposit in the following amount after registration
of bus in the name of lessee: __________________. The deposit will be refunded to
Lessee promptly following Lessee's performance of all obligations in this Lease.

5. Use. The use of leased buses shall be used for school purpose only and lessor shall
appoint at his own risk the labourers for necessary maintenance and smooth operations of
the buses. Lessor shall hold possession of buses and shall not use vehicles for any illegal
or immoral purposes. Lessor shall use the buses in a careful and proper manner and shall
comply with and conform to all national, state, municipal, police and other laws,
ordinances and regulations in any way relating to the possession, use or maintenance of
the buses.

6. Repairs. Lessor, at his own cost and expense, shall keep the buses in good repair,
condition and working order and shall furnish any and all parts, mechanisms and devices
required to keep the buses in good mechanical working order.
7. Loss and Damage. Lessor hereby assumes and shall bear the entire risk of loss and
damage to the buses from any and every cause whatsoever. No loss or damage to the
buses or any part thereof shall impair any obligation of Lessor under this Lease which
shall continue in full force and effect through the term of the Lease, by the proper
alternative arrangements being made by lessor. In the event of loss or damage of any kind
whatever to the buses, Lessor shall, at Lessee's option: (i) Place the same in good repair,
condition and working order; or (ii) Replace the same with like bus in good repair,
condition and working order; or (iii) Pay to Lessor the replacement cost of the buses.

8. Surrender. Upon the expiration or earlier termination of this Lease, Lessee shall
return the buses to Lessor in good trust, by delivering the buses documents at Lessor's
cost and expense to such person as Lessor shall specify.

9. Insurance. Lessor shall procure and continuously maintain and pay for: All risk
insurance against loss of and damage to the buses for not less than the full replacement
value of the buses, naming Lessee as loss payee, and; Combined public liability and
property damage insurance with limits as approved by Lessor, naming Lessee as insured
and a loss payee. The insurance shall be in such form and with such company or
companies as shall be reasonably acceptable to Lessor, shall provide at least thirty (30)
days advance written notice to Lessee of any cancellation, change or modification, and
shall provide primary coverage for the protection of Lessee and Lessor without regard to
any other coverage carried by Lessee or Lessor protecting against similar risks. Lessee
shall provide Lessor with an original policy or certificate evidencing such insurance.
Lessee hereby appoints Lessor as Lessee's attorney in fact with power and authority to do
all things, including, but not limited to, making claims, receiving payments and endorsing
documents, checks or drafts necessary or advisable to secure payments due under any
policy of insurance required under this Agreement. The insurance inclusive of
comprehensive insurance and third party insurance and accidental insurance for childrens
travel shall be born by lessor and shall indemnify lessee in case of any lapse in such case.
Lessor is bound to pay insurance and submit records to lessee for having complied in
every year. The lessee is bound to return any comprehensive insurance receipts that may
have come to it, to the lessor for proper repairs of the bus.

10. Taxes. Lessor shall keep the buses free and clear of all levies, liens and
encumbrances. Lessee, or Lessor at Lessor's expense, shall report, pay and discharge
when due all license and registration fees, assessments, sales, use and property taxes,
gross receipts, taxes arising out of receipts from use or operation of the buses, and other
taxes, fees and governmental charges similar or dissimilar to the foregoing, together with
any penalties or interest thereon, imposed by any state, central or local government or any
agency, or department thereof, upon the buses or the purchase, use, operation or leasing
of the busess or otherwise in any manner with respect thereto and whether or not the
same shall be assessed against or in the name of Lessor or Lessee. However, Lessor shall
not be required to pay or discharge any such tax or assessment so long as it shall, in good
faith and by appropriate legal proceedings, contest the validity thereof in any reasonable
manner which will not affect or endanger the interest’s of Lessor to the buses; provided,
Lessor shall reimburse Lessee for any damages or expenses resulting from such failure to
pay or discharge.

11. Lessee's Payment. In case of failure of Lessor to procure or maintain said insurance
or to pay fees, assessments, charges and taxes, all as specified in this Lease, Lessee shall
have the right, but shall not be obligated, to effect such insurance, or pay said fees,
assignments, charges and taxes, as the case may be. In that event, the cost thereof shall be
repayable to Lessee with the next year installment of rent, and failure to repay the same
shall carry with it interest at eighteen percent (18%) per annum, as failure to pay any
installment of rent.

12. Indemnity. Lessor shall indemnify Lessee against, and hold Lessee harmless from,
any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities,
including reasonable attorney's fees and costs, arising out of, connected with, or resulting
from use of the buses, including without limitation the operation, parking, misuse, bus
employees claims etc etc
13. Default. If Lessee fails to pay any rent or other amount collected at standard rate
fixed according to distance, in each year as per prevailing costs and expenses, within ten
(10) days after the same is obtained from students, due and payable, or if Lessee fails to
observe, keep or perform any other provision of this Lease required to be observed, kept
or performed by Lessee, Lessor shall have the right to exercise any one or more of the
following remedies: To declare the entire amount of rent immediately due and payable
without notice or demand to Lessee. To sue for and recover all rents, and other payments,
then accrued or thereafter accruing. To stop operations of buses, with demand or notice of
15 days, wherever same may be located, without any court order or other process of law.
Lessee hereby waives any and all damages occasioned by such taking of possession. To
terminate this Lease. To pursue any other remedy at law or in equity. Notwithstanding
any repossession or any other action which Lessor may take, Lessee shall be and remain
liable for the full performance of all obligations on the part of the Lessee to be performed
under this Lease. This right shall be excercised only after giving 15 days notice of
demand.

14. Ownership and Labour . The buses is, and shall at all times be and remain, the sole
and exclusive property of Lessor; and the Lessee shall have no right, title or interest
therein or thereto except as expressly set forth in this Lease. The lessors will supply all
labour and other necessary workers required for the said operations of buses under the
care and supervision of lessors. The labour shall be paid at the prevailing market rates by
lessors themselves and lessee’s in no way responsible for their payments. The lessors
will be entitled to only agreed rent inclusive of the total disbursement made to the
labour, fuel, repairs etc so supplied by them for operations of buses. The lessors will be
liable for and make good any loss or damage, caused by any act or default on the part of
the labourers supplied by them. If the lessor fail to
supply necessary labour in time, they will be liable to pay a sum double the amount
spent by lessee for alternate arrangements as liquidated damages per labourer, any other
worker not supplied by them in accordance to run buses.

15. Additional Documents. If Lessor or lessee shall so request, Lessee or lessor they
shall execute and deliver to Lessor/lessee such documents as Lessor/lessee shall deem
necessary or desirable for purposes of recording or filing to protect the interest of
Lessor/lessee in the buses including, but not limited to a anything in the interest of lease.

16. Entire Agreement. This instrument constitutes the entire agreement between the
parties on the subject matter hereof and it shall not be amended, altered or changed
except by a further writing signed by the parties hereto.

17. Notices. Service of all notices under this Agreement shall be sufficient if given by
only registered post or by mutual service with acknowledgement, at the address
hereinafter set forth, or to such address as such party may provide in writing from time to
time.

18. Assignment. Lessor/lessee shall not assign this Lease or its interest in the buses
without the prior written consent of lessee/Lessor.

19. Governing Law. This Lease shall be construed and enforced according to Indian
laws

NOTE : Headings used in this Lease are provided for convenience only and shall not be
used to construe meaning or intent.

IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and
year first above written.

SIGNED SEALED AND DELIVERED


by the withinnamed Lessor ______
in the presence of Mr. ___________

SIGNED SEALED AND DELIVERED


by the withinnamed Lessee ______
in the presence of Mr. __________

You might also like