BIL/L&R/CA/V1.

Compensation Agreement
This Compensation Agreement ( Agreement ) is executed at ___________________ on this ________day of
_______________ 20______
BETWEEN
Mr./Ms./Mrs.________________________________________________________________________Age_____________
S/o / D/o / W/o
__________________________________________________________________________________________________
R/o_______________________________________________________________________________________________
__________________________________________________________________________________________________
M/s. _______________________________________________, a company incorporated under the Companies Act, 1956/
partnership firm having its office at ______________________________________________________________________
__________________________________________________________________________________________________
(hereinafter referred to as the Owner(s) which term unless repugnant to the context thereof, shall mean and include his
legal heirs, executors, legal representatives, agents, assigns, successors and administrators etc.) of the ONE PART;
AND
BHARTI INFRATEL LIMITED , a company incorporated under the Companies Act, 1956 having its Registered Office at
Aravali Crescent, 1, Nelson Mandela Road, Vasant Kunj, Phase II, New Delhi 110 070, India, and its Circle Office at
(hereinafter called the SERVICE PROVIDER, which term and expression
shall wherever the context so requires and permits, mean and include its
successors-in-interest and assigns) of the OTHER PART.
The Owner(s) and Service Provider are hereinafter collectively referred to as the Parties and severally as the Party )
WHEREAS :
A.

THE Service Provider is a registered Infrastructure Provider, category-1(IP-1) by virtue of registration granted by the
Department of Telecommunications, Ministry of Communications & IT, Government of India, and is engaged in the
business of establishing, operating & maintaining the Passive infrastructure inter alia including but not limited to Dark
Fibers, Right of Way, Duct Space and Tower(s), shelter, diesel generator sets, air conditioners, other allied equipments,
electrical and civil works and related operations and maintenance and offer the same on sharing basis (hereinafter
referred to as Business ) inter-alia to various Telecom Service Providers (hereinafter referred to as OpCos )
licensed by the Govt. of India under section 4 of the Indian Telegraph Act, 1885 and providing the essential Telecom
Services in India.

B.

For furtherance of its business interests in accordance with the registration granted by DoT, Govt. of India under the
Indian Telegraph Act, 1885 or as permissible under any other law, regulations or policies of the Government, which are
existing or may be brought in force subsequently, the Service Provider is interested in having of a suitable
space/premises for the purpose of establishing, constructing, installing, maintaining and storing various kinds of

____________________
Owner(s)

_____________________
Bharti Infratel Ltd.

BIL/L&R/CA/V1.1

Telecom Equipment/Cell Site/Appliances/Tower(s) and other assets in order to provide the same to various OpCos in
furtherance to its above stated Business and/or to put the same to any legally permissible use.
C.

Owner(s) has represented to the Service Provider that he is the absolute, legal and bonafide Owner(s) / co-Owner(s)
and in peaceful possession of the
property bearing
No.____________________________________________________________________________________________
_______________________________________________________________________________________________
(along with its roof and terrace rights (IF APPLICABLE)) . ( hereinafter referred to as the "Property" ). The coOwner(s), if any, have been enjoying their respective shares of the property as absolute Owner(s) s thereof without any
interferences & hindrances from anyone. The Owner(s) has represented that its title to the Premises (as defined
hereinafter) is clear, marketable and free from all litigations or disputes.

D.

The
Service
Provider
intends
to
take
from
the
Owner(s)
an
area
admeasuring
______
X________Mts._____________________________________________________________________ of the Property
together with all rights, easements, privileges belonging to the same or purports to belong to it or usually held or
enjoyed with it (hereinafter referred as Premises ) as detailed in the schedule given below and more particularly
described in the site plan attached to this Agreement as Annexure-I , along with the right of ingress and egress to all
common areas of the Property so as to fully enjoy the Premises.

E. The Owner(s) has represented to the Service Provider that to enter into the Agreement with the Service Provider, it does
not need to obtain from any authority any prior approval or sanction.
F.

Believing the representations of the Owner(s) made herein to be true, the Service Provider has agreed to take the
Premises on the terms and conditions as mutually agreed between the parties and set out hereinbelow:

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1.

AGREEMENT :

1.1

That in consideration of the Compensation herein agreed and payable by the Service Provider and other
covenants stipulated herein, the Service Provider takes from the Owner(s) the Premises together with all
easements and privileges attached thereto as well as the right of ingress & egress to al common areas of the
Property.

1.2

The Owner(s) has handed over the physical vacant peaceful possession of the Premises to the Service Provider
simultaneously upon the execution of this Agreement.

2.

TERM :

2.1

That this Agreement is effective from _____________( the Effective Date ).

2.2

The Agreement shall be for a period of __________ years commencing from the Effective Date. This Agreement
shall be irrevocable for the said term provided always however, the Service Provider shall have the right to
determine this Agreement as provided hereinbelow.

2.3

Upon Expiry of this Agreement, the parties may execute a fresh Agreement on mutually agreed terms and
conditions.

3.

COMPENSATION

3.1

The
Service
Provider
shall
pay
to
the
Owner(s)
a
sum
of
Rs.
___________/(Rupees___________________________________________________________________________) per month
as compensation for the Premises . (Hereinafter referred to as Compensation ).

3.2

The payment of Compensation and any other payments under this Agreement shall be subject to the deduction of
income tax at source at applicable rates.

3.3

Service Tax, if any, shall be borne and paid by the Service Provider.

3.4.

The parties agree that the initial forty five days from the Effective Date shall be a Compensation free period
(hereinafter referred to as Compensation Free Period ) and accordingly the Owner(s) shall not be entitled to
Compensation from the Service Provider and the Service Provider shall not be liable to pay any Compensation to
the Owner(s) for the Compensation Free Period. However all other rights and obligations of the Owner(s) and the
Service Provider under this Agreement shall commence from the Effective Date, unless otherwise expressly stated
in this Agreement . The payment of Compensation shall commence from expiry of the Compensation Free Period
(hereinafter referred to as Compensation Commencement Date ).

3.5

The Compensation for the Premises shall be payable every month by the 10th working day by Cheque / Demand
Draft / Bank Transfer in favour of _____________________________________________________. It is agreed
between the parties that the Owner(s) shall not be entitled to any additional Compensation / charges on any
ground whatsoever including but not limited to sharing/access provided by the Service Provider to third parties
including OpCo s and their authorized agents.

3.6

The Compensation shall increase ______% at the expiry of every 5 (Five) years from the Compensation
Commencement Date on the last paid Compensation .

3.7

The Compensation stipulated herein include all the Property taxes/ Municipal taxes and other taxes, levies, duties,
charges, which are levied, charged or imposed now or which may be levied, charged or imposed in future, by
whatever name called & imposed by Central, State or Local Authorities including any increase thereon by virtue of
this Agreement that may be levied by the respective Government bodies / authorities as well as the charges for
permission to use common areas and facilities of the said Property /Premises . However, if any permission charges
are to be paid for conducting the Business, the same shall be paid by the Service Provider.

____________________
Owner(s)

_____________________
Bharti Infratel Ltd.

BIL/L&R/CA/V1.1

3.8

The Owner(s) shall bear all taxes including property taxes & any increase thereon for any reason, fees and other
Government or statutory levies including any other payments on account of and toward the incidence of Owner(s)
ship, etc.(whether normal or enhanced) of the said Property and the Premises . In case the Owner(s) fails to meet
these obligations and/or consequently any action is apprehended to be taken by the concerned authorities or is
actually taken by any authority, then in order to protect its rights and business interest, the Service Provider shall
be entitled to pay such amount and to set-off the same against the Compensation of the subsequent months. The
Service Provider shall furnish to the Owner(s) , the proof of such payment.

3.9

Notwithdstanding anything contained herein, in case the Service Provider is unable to use any portion of the
Premises because of any action/order of any authority/court/tribunal or a third party not concerned or related to the
Service Provider, etc. the Compensation stated herein shall stand automatically proportionately reduced for the
period during which the said portion of the Premises is unusable by Service Provider.

4.

RIGHTS & OBLIGATIONS OF THE PARTIES.

4.1

The Service Provider shall be entitled to bring in or upon the Premises & install, establish, maintain and operate
the following including but not limited to :
a)

Transmission Tower(s) /Poles for multiple antennas;

b)

Pre-fabricated equipment shelter(s);

c)

DG Set(s) of appropriate capacity / windmill / any other alternate source of producing energy;

d)

Earthing connections as required and laying of the other cables to ground, lightning arrestors and
aviation lamp, necessary cabling and connectivity to each antenna/equipment, and space for installation
of electricity meter, transformer and power connectivity etc.

e)

Guard-room

f)

Network equipment (such as Radios, batteries, antennas, cables, etc.) of Telecom Operators to whom
the Service Provider has offered the facilities for sharing.

g)

Ducts, Fibre, Cable etc

h)

Any other additional equipment, machines etc. as may deemed to be necessary by the Service Provider
for effective operations of its Business /OpCo s business or required to be installed under any statute.

The above are collectively referred to as " Equipment/Cell Site "

4.2

Based on the technical requirement, Service Provider shall without any recourse to the Owner(s) be entitled to
change the location of the Equipment on the Premises and to add or remove, modify or alter any appliances,
apparatus, equipments etc. as may be necessary in its sole discretion at any stage during the subsistence of this
Agreement. The Service Provider is further entitled to establish, maintain, work, repair, transfer, shift, withdraw or
disconnect the appliances or apparatus, its electricity connection etc. at any time in its sole discretion without any
let, hindrance or objection from the Owner(s) including in the circumstances of the Agreement having been
terminated/determined by the Service Provider.

4.3

The Service Provider shall be entitled to erect and install a temporary / permanent structure on the Premises . The
Service Provider shall also be entitled to erect and install a standby/back-up generator on the Premises . The
Service Provider shall also have the right to erect and install all such other equipment, apparatus, etc. that may be
required from time to time on the Premises .

4.4

It is especially understood and agreed that all equipments at the Premises shall always remain, without exception,
Service Provider s property and upon the expiry of the Agreement or upon its early termination for any reason
whatsoever, Service Provider shall remove its equipments from the Premises.

4.5

The Owner(s) acknowledges that for the purpose of effectively using & enjoying the Premises & to augment its
Business, the Service Provider is required to put/install Poles / underground cable(s) /other material within the
Property / Premises. The Owner(s) hereby unconditionally agrees and permits the Service Provider to excavate
and lay / conceal cables and other related material underground /false ceiling/walls, if any, within the Property
without any objection and interference from the Owner(s). The Service Provider undertakes that the bare minimum
area required for doing the needful as aforesaid shall be used and the necessary repairs /restoration shall be
carried out by the Service Provider at its own costs and expense. For the purposes aforesaid the Service Provider
shall have the right of way and access to all such portions of the Property wherein the cables / material is fixed/setup for all times during the existence of this Agreement.

4.6

The Owner(s) confirms that he has understood the Business of the Service Provider and the purpose for which the
Premises is being taken under this Agreement. The Owner(s) further understands that the Service Provider is
entitled to have all the rights and entitlements conferred by the Indian Telegraph Act, 1885 or any rules or
regulations framed thereunder or by any other law for the time being in force and as such agrees that it shall not
raise any dispute or claim or cause any impediment, intervention, obstruction or object to any activity undertaken in
the Premises /Property, with respect to the operations of the Business of the Service Provider from the Premises
being carried bonafidely in terms of this Agreement and in accordance with law.

4.7

The Owner(s) admits that as he has understood the Business of the Service Provider, accordingly he
agrees that the Service Provider at all times shall be entitled to offer/provide for sharing, use its
infrastructure / Cell Site and all or any of its Equipment etc. installed in the Premises to third
parties/OpCos. The Owner(s) agrees & admits that in accordance with such arrangement(s) the Service
Provider shall be entitled to grant to OpCo(s) & other entities access to the Premises & the OpCo(s) as well
as other entities shall be entitled to install their equipments in the Premises. For the limited purposes of
this Agreement, all such equipment shall be deemed to be the Equipment of the Service Provider. No
separate consent / permission shall be required nor any objection shall be raised by the Owner(s) (s), at
any point of time, for the above purpose, nor shall the Service Provider be liable to pay any additional
Compensation or other charges therefor. It is specifically agreed and so understood between the Owner(s)
and the Service Provider that any such multi-operator arrangement(s) with OpCo(s) and other

___________________
Owner(s)

_____________________
Bharti Infratel Ltd.

BIL/L&R/CA/V1.1

entities for the sharing, use of its Equipment/ Cell Site etc. installed in the Premises shall not be treated as a
violation of this Agreement.
4.8

The Owner(s) agrees & admits that Service Provider and the OpCos/third party(s) to whom the Service Provider
has granted access to the Premises & the facilities thereon shall be entitled at its sole discretion to engage
services of vendors, contractors, engineers, supervisors, workmen, employees, authorized personnel, subcontractors, security guards, caretakers and other service providers etc, ( hereinafter referred to as "Authorized
Representatives" of the Service Provider) to erect, install, commission, operate & maintain the Equipment /Cell
Site, including or such additional or alternate equipments etc. that may be required from time to time at their
expense and cost. The Service Provider, OpCos/third party(s) & the Authorised Representatives shall be entitled to
carry tools, tackles, heavy machinery, raw materials, cranes, anchorage equipment, winches, pulleys, ropes,
scaffolding, brackets, clamps, welding and cutting equipment etc. and to use the same on the Premises. Service
Provider shall also be entitled to dig trenches, gutters, chambers and carry out all other plumbing, civil/mechanical
and electrical works that are deemed necessary by the Service Provider/OpCo(s)/third party(s), for the installation
of the Equipment / Cell Site and any other equipment.

4.9

The Service Provider shall obtain a separate electric connection/s, at its own cost of appropriate capacity (with
separate meter and transformer) in its own name or in the name of any nominee or person exclusively for its use.
If under the law, rules and regulations as are in force, a separate power connection in the name of Service
Provider or its nominee or any other person or entity is not permissible, the Service Provider shall obtain a power
connection in the name of the Owner(s) , at its own cost and expense for the Premises and the Service Provider
shall at all times keep indemnified the Owner(s) in respect of all charges, claims, demands in respect thereof. The
Service Provider shall be responsible to pay electricity charges as per actual consumption electricity. The Service
Provider shall also pay for the water consumed by it in the Premises on the basis separate meters installed for the
purpose.

4.10

Further, the Owner(s) shall provide for an appropriate space in the Property for the installation of the Power
Meter(s) and other allied installations including but not limited the D.G set as may be required in the event of
technical, administrative limitations. The Owner(s) agrees that under any circumstance it shall not claim and/or not
be entitled to have a connection from the D.G set installed by the Service Provider.

4.11

The Service Provider shall be entitled to offer and/or exhibit itself or through third party(s), name, logo,
advertisements. signage, glow signs, hoardings, etc of its own/OpCos/third party(s) of such size & at such place as
it deem fit in or outside the Premises / Cell Site / Equipments & no additional Compensation would payable for the
same. However all necessary permissions shall be taken & charges, if any, be absorbed by Service Provider.

4.12

The Service Provider shall take insurance for its Cell Site / Equipment and other installations in the Premises.
Owner(s) shall not do or cause to be done any act which may render any insurance policy invalid or cause
increase in premium payable.

4.13

The Owner(s) shall extend all co-operation and facilities to the Service Provider / OpCo(s)/third party(s) and to do
all that is necessary to facilitate the Service Provider in obtaining all clearances/certificates/permissions/ sanctions
as may be required from any statutory, government and/or municipal/local authority(s), from time to time. Owner(s)
shall provide to the Service Provider / OpCo(s)/third party(s), on demand, all the necessary
documents/applications, undertakings, indemnities, affidavits etc duly signed on the format as may be prescribed
in this regard, to enable the Service Provider to apply for and obtain necessary permissions & No Objection
Certificates, from the concerned authorities, including electricity board.. In case the Owner(s) is required appear
before any authority for obtaining any permission, sanction, NOC etc., he shall appear within a reasonable period
or at the scheduled time and at the appointed place as may be necessary, upon intimation being given the Service
Provider.
If any charges are to be paid on account of seeking NOC/permission for installation of the passive infrastructure
telecom equipments to any authority(s) the same shall be paid by the Service Provider / OpCo(s) as the case may
be. All allied costs & expenses shall be borne by the Service Provider.

4.14

The Owner(s) hereby agrees that the Premises may be used/occupied by the affiliates, associates, holding,
subsidiaries and group companies of the Service Provider without any obligation to seek consent from Owner(s)
and /or to pay any additional Compensation for the same. The use/occupation of the Premises by affiliates,
associates, holding, subsidiaries and group companies of the Service Provider shall under circumstances be
considered to be a violation of this Agreement.

4.15

In case the Owner(s) or any third party, claiming under him or otherwise, causes any hindrance or restriction
objects to the entry of the Service Provider / OpCo(s)/third party(s) and its Authorized Representatives, Service
Provider shall intimate the Owner(s) about the same. It is expressly agreed by the Owner(s) immediately upon
intimation by the Service Provider, the Owner(s) shall remove or cause to be removed all such obstructions,
hindrance, interference in the free ingress and egress of the Service Provider / OpCo(s)/third party(s), their
Authorised Representatives, Equipment, appliances, apparatus, materials etc. However, if Owner(s) does not
make necessary arrangement to remove or cause to be removed such hindrance, immediately or within specified
time, if any, the Owner(s) shall be liable to pay losses on actuals, if any, suffered by the Service Provider on
account of such hindrance, obstructions etc.

4.16

In the event any renovation, repair, construction/demolition is required to be carried out on the Property, Owner(s)
shall serve a notice in writing of its intention to commence such renovation, repair, construction demolition at least
30 days prior to such commencement, to the Service Provider. The Owner(s) (s) and Service Provider shall in
good faith discuss and agree on the measures to be taken by the Owner(s) for protection of the Equipment/Cell
Site during the said renovation, repair or construction/demolition. Any cost to be incurred safeguarding the Service
Provider's Equipment, installed on the Premises , as a result of the said renovation, repair or
construction/demolition shall be borne by the Owner(s) . However, the Owner(s) shall take requisite care and
measures to ensure that such renovation, repair, or construction shall not cause impediment/interference the
conduct of Business of the Service Provider from the Premises or closure/suspension of operations of Service
Provider. Further, no such renovation, repair or construction shall be undertaken, if the same is likely render the
Property / Premises unfit for the use of the Service Provider. Further the Owner(s) shall not ask Service Provider to
shift or relocate its equipments to any other part of the Premises for any such type of repair, maintenance or
renovation work.

____________________
Owner(s)

_____________________
Bharti Infratel Ltd.

BIL/L&R/CA/V1.1

4.17

The Owner(s) shall take all reasonable steps so that the Equipment, appliances, apparatus, material, assets, etc.,
of the Service Provider in the Premises are protected. The Service Provider shall however be entitled to post its
own security guard at such place, on or around the Premises, as may be necessary.

4.18

That the Owner(s) shall ensure that there shall be minimum required distance maintained between the equipments
of the Service Provider and any other structure installed / proposed by the Owner(s) or third parties claiming
through the Owner(s) near to the Premises and the Owner(s) shall ensure that such structures shall not cause any
obstruction, hindrance to the installation/ tower(s) , structures and other equipment and appliances of the Service
Provider.

4.19

The Owner(s) shall obtain a No Objection Certificate in writing from the Service Provider before giving away for
usage or otherwise any other part of the Property to any other entity engaged in the business of communication,
radio, telephone, paging VSAT, telegraph etc. or installing or causing to install any hoarding/ neon sign or other
structure etc. on any part of the Property.

4.20

The Owner(s) hereby specifically undertakes and covenants with the Service Provider that if any obstruction or
dispute is caused by other occupants of the Property or neighbours, to the Service Provider s installations during
the Agreement period, the Owner(s) shall remove the obstruction or resolve the dispute at its own expense. During
the period of obstructions, the Owner(s) shall not be entitled to claim any Compensation from the Service Provider
& the Service Provider shall be entitled to an abatement of all or part of the Compensation , proportionate to the
extent and period for which the Premises cannot be utilised by the Service Provider. If any NOC etc is required
from any neighbour of the premises then the same shall be the responsibility of the Owner(s) at his own cost and is
to be provided to the Service Provider before the time stipulated by the Service Provider.

4.21

The Owner(s) (s) shall ensure that no hindrance is caused to Service Provider for any reason whatsoever during
the Term of this Agreement in conducting its Business including uninterrupted, unobstructed and unhindered
access to the Premises at all times of the day to the Service Provider/OpCos/third party(s) & its Authorized
Representatives; However, in case of any default on part of the Owner(s) to adhere to any of the conditions as
contained in this Agreement , the Service Provider shall not be obliged to pay any Compensation /charges for the
such period the said default exists. The Owner(s) further hereby agrees to pay a fixed sum of Rupees five lacs only
as quantified liquidated damages to the Service Provider in case the Service Provider is compelled to remove its
Cell Site/Equipment from the Premises for any reason whatsoever attributable to the Owner(s) .

4.22

The parties indemnify and agree to continue to indemnify each other against all claims, demands causes of action,
obligation, litigation, liability, loss, damage, cost and expenses incurred or sustained by non-defaulting party which
it may face or incur due to any direct or indirect act or omission and/or any violation/ breach, of this Agreement or
any Law, Rules, Bye-Laws, Notifications or Directions issued by Central, State or Local Authorities, and/or due to
any action or negligence on the part of the defaulting party.

4.23

The Service Provider shall not be responsible or liable in any manner whatsoever for any injury or damage which
may be caused to any person, allowed by the Owner(s) or who otherwise enters the Premises, unauthorisedly.

4.24

The Service Provider shall ensure that no damage is caused to the Property/ Premises during the installation of the
Equipment/Cell Site and in case of damage, the same shall be repaired by the Service Provider at its cost.

4.25

In case the Owner(s) creates any mortgage, lien, charge or encumbrance on the Property including the Premises,
the Owner(s) /financial institution shall not have any claim, lien or charge on the Equipment, apparatus etc. of the
Service Provider for non-payment / arrears of loan or interest by the Owner(s) & any such mortgage, lien, charge
or encumbrance on the Property including the Premises shall always be subject to the rights of the Service
Provider under this Agreement .

4.26

The Owner(s) shall carry out at its own cost all major and structural repairs to the Premises . If at any time during
the term of the Agreement , the Premises or any portion thereof is rendered unfit for use by force majeure event or
otherwise, in that event the Owner(s) shall allow the Service Provider an abatement of all or part of the
Compensation payable for the Premises, proportionate to the extent and duration of the damage, until the whole of
the Premises becomes fit for use. In the event the damage caused is not repaired by the Owner(s) within 30 days
of the Service Provider s notice to this effect, the Service Provider without prejudice to its right to terminate the
Agreement forthwith, may carry out the necessary repairs itself, and recover the costs from the Owner(s) and/or
set-off the same against the Compensation payable to the Owner(s) . In the event of the termination of the
Agreement as contemplated herein, the Service Provider shall be entitled to get refund of unadjusted
Compensation paid by it in accordance with the terms and conditions contained herein. For the purposes of this
Agreement , force majeure shall include riots, floods, earthquake, terrorist activities, war, civil disturbance of any
nature whatsoever or any other event analogous to the foregoing beyond the reasonable control of the parties.

4.27

The Owner(s) represents and warrants that no officer, director, employee of the Service Provider or immediate
family member thereof was offered and received any thing of value of any kind from the Owner(s) or his/her
employees, directors, employees or agents in connection with this Agreement and that no personnel of the Service
Provider have any business relationship of any kind with the Owner(s) or his/her officers, directors, employees or
agents.

4.28

The Service Provider will clear all statutory dues including electricity dues, water dues, which are payable by the
Service Provider under this Agreement at the end or earlier termination of this Agreement Owner(s) Service
ProviderOwner(s) .

5.

RESTRICTION ON TRANSFER
The Owner(s) recognizes the fact that the Premises has been taken under this Agreement by the Service Provider
for the purposes stated herein and for a long term period, for its Business and thus it is prudent and essential to
impose some restriction on the transfer/change of Owner(s) ship of the Property and the Premises and/or part
thereof and also on the Owner(s) . It is therefore agreed between the Parties as follows:

5.1

The Owner(s) shall not transfer the Property and/or Premises for a period of 2 years from the date of
commencement of this Agreement , without the written consent of the Service Provider. After the said period the
Owner(s) shall be entitled to do so subject however after giving 60 days prior written notice to the Service Provider.

____________________
Owner(s)

_____________________
Bharti Infratel Ltd.

BIL/L&R/CA/V1.1

5.2

The Owner(s) shall not transfer, directly or indirectly the Premises in favour of any competitor of the Service
Provider engaged in providing services similar to that of Service Provider.

5.3

In the event the Owner(s) mortgages/transfers/conveys / or otherwise disposes of its rights in the Property and/or
the Premises or any portion thereof to a third party and/or the Premises and/or any portion thereof gets
conveyed/transferred by contract, operation of law and/or by order of any court/authority, or any other obligation of
the Owner(s) , to a third party, such transfer/conveyance shall be subject to this Agreement and shall recognize
and accept the right(s) of the Service Provider and upon the transfer/conveyance having been completed, the
transferee shall step into the shoes of the Owner(s) and all the rights and liabilities of the Owner(s) shall
automatically devolve on the transferee. The terms and conditions of this Agreement shall remain valid and
enforceable against such third party & a clause to this effect shall be incorporated in sale/conveyance deed, etc.
between such Owner(s) and the third party.

5.4

The Owner(s) hereby assure the Service Provider that before effecting any transfer of the Premises or any part
thereof to a third person, they shall procure from such transferee a letter of confirmation and acknowledgement,
confirming the proposed transferee s unconditional acceptance of the terms and conditions of this Agreement and
also its taking over all the rights and obligations of the Owner(s) , as stated in this Agreement .

6.

TERMINATION

6.1

The Service Provider may, at any time hereafter, for any reason whatsoever, after giving thirty days notice,
terminate this Agreement . During the term of this Agreement and upon termination of this Agreement , the
Owner(s) shall not claim any lien, charge or any other right on the Equipments/Cell Site, apparatus, appliances,
etc., installed by the Service Provider in the Premises . The Service Provider shall be entitled to remove all its
equipments, apparatus, appliances etc. without any hindrance, obstruction or objection from the Owner(s) and
after successful removal of all equipments, apparatus, appliances, etc. shall leave Service Providerthe Premises
on as is where is basis. Upon the notice of termination being given, the Owner(s) shall not be entitled to any further
monthly Compensation , as reserved above.

6.2

In the event the Compensation payable by Service Provider remains in arrear for three consecutive months, the
Owner(s) shall give a written notice by Regd. Post A/D to the Service Provider to cure the said default within 30
days of the receipt of the said notice failing which the Owner(s) shall be entitled to determine this Agreement
Agreement.

6.3

Except for the reason stated in clause 6.2 hereinabove, the Owner(s) does not have any right to terminate this
Agreement under any circumstances whatsoever.

7.

GENERAL CLAUSES

7.1

NOTICE
Any notice or communication with reference to this Agreement unless otherwise specified herein, shall be deemed
to be validly sent if dispatched by registered post acknowledgement due to the other party at the respective
addresses mentioned in the preamble above. The notice/communication to be given to the Service Provider shall
be addressed to the Head-Legal of the Service Provider. In case of Co-Owner(s) s, all communications shall be
sent to the first named Co-Owner(s) (Owner(s) ) in this Agreement and the same shall be deemed to have been
sufficiently served on all the Owner(s) s.

7.2

WAIVER
The failure of either party to enforce at any time any of the provision of this Agreement shall not be considered to
be waiver of the right of such party thereafter to enforce each and every such provision. Waiver, if any, shall be in
writing, signed by the then duly authorised signatory of the concerned party.

7.3

SEVERABILITY
If any provision of this Agreement Agreement is determined to be void or unenforceable under any law applicable
for the time being, such provisions shall be deemed amended or modified or deleted in so far as is reasonably
inconsistent with the provisions of this Agreement and to the extent necessary to conform to applicable law and the
remaining provisions of this Agreement shall remain valid and enforceable in accordance with these terms.

7.4

JURISDICTION
This Agreement shall be construed in accordance with applicable laws of India and any dispute arising from the
subject matter of this Agreement shall be adjudicated only by the Courts of competent Jurisdiction. No other court
shall have any Jurisdiction to adjudicate upon any dispute arising out of this Agreement.

7.5

LOANS
The Service Provider has taken/may take loans from third party or financial institution, Banks etc., from time to time
by creating pledge and hypothecation over all or any of the Equipments, apparatus etc. at the Premises . In
respect of Equipment, apparatus etc. pledged and hypothecated to such third party or financial institution etc. as by
way of security for realization of the loans, the Owner(s) agrees not to create any obstruction in the said third party
or financial institution, Banks etc., in exercising their rights under the loan Arrangement. The Owner(s) shall not
have any claim, lien or charge on the Equipment, apparatus etc. either for Compensation , arrears, fees, and
compensation or otherwise.

7.6

FORCE MAJEURE
Neither of the Parties shall be held responsible for any delay or failure in the performance of any part of this
Agreement to the extent that such delay or failure in performance is caused by fire, flood, riots, earthquakes, terror
activity, war, embargo, governmental/ Court orders or directions of any civil or military authority or any Act of God.

____________________
Owner(s)

_____________________
Bharti Infratel Ltd.

BIL/L&R/CA/V1.1

7.7

INTERPRETATION:
In this Agreement , unless the context otherwise requires any references to words importing singular shall include
the plural and vice versa, words importing a gender include every gender and references to persons include bodies
corporate and unincorporated.

7.8

STAMP DUTY:
The Stamp duty and incidental charges thereto in respect of this Agreement and all other documents that may be
executed pursuant to this Agreement have been/is to be borne by the Service Provider.

7.9

OTHER REMEDIES:
No right or remedy conferred upon or reserved to a non-defaulting party by this Agreement is intended to be or
shall be deemed to be exclusive of any other right or remedy provided or permitted by law or equity. Each such
right or remedy shall be cumulative of every other right or remedy.

7.10

ASSIGNMENT:
Save as provided in this Agreement the Owner(s) shall not assign or transfer or permit the assignment or transfer
of this Agreement or the rights under this Agreement to any other person, except as provided herein.

7.11

MODIFICATION /WAIVER:
No modification or waiver of any of the terms and conditions of this Agreement shall be effective unless such
modifications or waiver is expressed in writing and executed by each of the Parties hereto. Failure of either party to
exercise promptly and right herein granted or to require strict performance of any obligation undertaken herein
shall not be deemed to waiver of such right or of the right to demand subsequent performance of any and all
obligations herein undertaken by respective parties waiver of such right or of the right to demand subsequent
performance of any and all obligations herein undertaken by respective Parties.

7.12

ENTIRE AGREEMENT
This Agreement is a culmination of the discussions and negotiations between the parties and constitutes the final
agreement between them and all rights and obligations with respect to the Premises shall be governed only by this
Agreement . No offer, counter offer or communication made or exchanged between the parties, contrary to or
inconsistent herewith, prior to this Agreement shall bind the parties. The contents of this Agreement has been read
over in language known to the Owner(s) and its entire contents have been clearly understood by him and he is
executing this Agreement on his own will without any fraud, misrepresentation or coercion of any sort whatsoever.
The parties agree that the original Agreement shall be retained by the Service Provider and a copy thereof shall be
supplied to the Owner(s) by the Service Provider.
THE SCHEDULE REFERRED TO ABOVE

(Description of the Premises )

IN WITNESS WHEREOF the parties hereto have signed this Agreement at the place and on the day, month and year
first above written.
SIGNED, SEALED AND DELIVERED BY

SIGNED, SEALED AND DELIVERED BY

for BHARTI INFRATEL LIMITED
Authorized Signatory

OWNER(S)

SERVICE PROVIDER

In the presence of WITNESSES

(Signature, Name, S/o & Address)
1

____________________
Owner(s)

_____________________
Bharti Infratel Ltd.

BIL/L&R/CA/V1.1

____________________
Owner(s)

_____________________
Bharti Infratel Ltd.

BIL/L&R/CA/V1.1

NO OBJECTION CERTIFICATE
I/We _________________________________________ do hereby certify that I/We have No OBJECTION if Municipal
Corporation or any other Authority/ies accord approval in the name of our Service Provider M/s. BHARTI INFRATEL
LIMITED having its office at ___________________________________________________________ for installation of Cell
Site in my/our premises situated at __________________________________________________.

_______________________________
OWNER(S)
Place : ________________________
Date : _________________________

NO OBJECTION CERTIFICATE
I/We ______________________________________________ have given our space on the plot of land / roof top of our
premises at _________________________________________________, to M/s. BHARTI INFRATEL LIMITED having its
office at _____________________________ ______________________________ for the installation of Cell Site on the
Premises / Premises. I/We have no objection in permitting them to have a separate electrical load sanctioned upto 25 KVA in
their favour from Electricity Board to meet their requirements.

_______________________________
OWNER(S)
Place : ________________________
Date : _________________________

TO WHOMSOEVER IT MAY CONCERN

This is to certify that BHARTI INFRATEL LIMITED / SERVICE PROVIDER has been permitted to dig _______________
earth pits at the distance of _____________ meters for laying the earth for the safety of the Equipment installed at
________________________________________________.

_______________________________
OWNER(S)
Place : _________________________
Date : _____________________

____________________
Owner(s)

_____________________
Bharti Infratel Ltd.