Tenancy Agreement Body 20100715 lhs

AGREEMENT

THIS AGREEMENT is made on the day, the month and year stated in Section “A” of the Schedule of Agreement BETWEEN the party whose name and address as stated in Section “B” of the Schedule (hereinafter referred to as “the Landlord” ) of one part and the party whose name and address as stated in Section “C” of the Schedule (hereinafter referred to as “the Tenant”) of the other part.

WHEREAS the Landlord is the registered/beneficial owner of the property more particularly referred to and described in Section "D" of the Schedule (hereinafter referred to as "the Said Premises").

1.00 NOW IT IS HEREBY AGREED as follows:-

1.01 The Landlord agrees to let and the Tenant agrees to take the Tenancy of the Said Premises for the term stipulated in Section "E" of the Schedule at the rent stipulated in Section "F" of the Schedule and the rental will commence at the date stipulated in Section "G" of the Schedule and subject to the terms and conditions hereinafter contained.

1.02 The Tenant shall upon execution of this Agreement pay the Landlord the sum stipulated in Section "I" of the Schedule by way of deposit as security for the due observance and performance by the Tenant of the stipulated terms and conditions of this Agreement. The said sum shall not be deemed to be in payment of rent in advance nor shall it be treated or used by the Tenant as payment for rent due under this Agreement without prior written consent from the Landlord. The said sum less such sum or sums (if any) as may then be payable by the Tenant under this Agreement shall be refunded to the Tenant, free of interest, on the expiration or sooner determination of this Agreement.

2.00 THE TENANT HEREBY CONVENANTS WITH THE LAND LORD as follows:-

2.01 To pay the Said Rent without any deduction whatsoever thereof monthly in advance on or before the commencement date as specified in Section "G" of the Schedule and thereafter on or before this date of each month.

2.02 To pay the Landlord upon the execution of this Agreement the sum of Ringgit as specified in Section "M" of the Schedule only as deposit for water, electricity, Indah Water and sewerage charges to be incurred by the Tenant in respect of the Said Premises (hereinafter referred to as "the Water, Electricity and Sewerage Deposit"). The said sum less sums as may then be payable by the Tenant under this Agreement shall be refunded without interest to the Tenant on the termination of this Tenancy.

2.03 In the event that the average usage of water and electricity on the Said Premises taken and calculated on the average of any three (3) consecutive payments within the duration of this Tenancy (hereinafter referred to as "the Average Usage") shall exceed fifty percent (50%) of the Water, Indah Water and Electricity Deposit, the Landlord shall be entitled upon written notice to the Tenant to increase the Water, Indah Water and Electricity Deposit to on an amount equal to twice the Average Usage and the Tenant shall within five (5) days upon receiving such notice pay to the Landlord the difference between the increased amount and the Water, Indah Water and Electricity Deposit.

2.04 To discharge and pay for all water, sewerage and electricity and Indah Water charges supplied to and consumed on the Said Premises and if so required by the Landlord to produce the monthly receipts from the relevant authorities as evidence of such payment thereof.

2.05 To keep the Said Premises, the flooring the interior plaster or other surface material or rendering on walls and ceilings and the Landlord's fixtures thereon including doors, windows, class shutters, lock fastening, electric wires installations and fittings for the light and other fixtures therein in good and tenantable repair and clean condition, fair wear and tear excepted and to replace or repair any part of the Said Premises and the Landlord's fixtures and fittings therein which shall be broken or damaged due to malicious, negligent or careless acts or omission of the Tenant, his servants, agents, invitee or otherwise.

2.06 To be responsible for and to indemnify the Landlord against all damage occasioned to the Said Premises or any part thereof or to any person caused by any act default or negligence of the Tenant or the servants agents or licensees of the Tenant and to pay and make good to the Landlord all and every loss and damage whatsoever incurred or sustained by the Landlord as the consequence of every breach or non-observance of the Tenant's covenants herein contained and to indemnify the Landlord and the Landlord's estate and effects from and against all actions claims liability costs and expenses thereby arising.

2.07 To permit the Landlord and the Landlord's servants, agents and workmen and with all necessary equipment and appliances at all reasonable time after prior notice to the Tenant to enter upon the Said Premises and to view the condition thereof and to do such works and things as may be required for any repairs, alterations or to any other part or parts of the said building and forthwith to repair and amend in a proper and workmen like manner any defects for which written notice shall be given to the Tenant or left in the Said Premises and to pay the costs of the Landlord's servants or agents or otherwise in respect of the preparation of the notice.

2.08 Not to permit or suffer any part of the Said Premises to be used for any unlawful purpose, for the purpose of gambling or for any illegal immoral or improper use so as to cause nuisance annoyance inconvenience or danger to the occupiers of adjacent Premises or the neighbourhood.

2.09 To use the Said Premises only for the purpose as specified in Section "J" of the Schedule of Agreement.

2.10 Not to store/keep or permit to be kept on the Said Premises or any part thereof any materials of a dangerous, explosive and unlawful nature the keeping of which may contravene and/or breach any local statutes or regulations whereby the Landlord shall be exposed to penalty, fine and forfeiture or in respect of which an increased rate of insurance may be required or the policy in respect of which may become void or voidable.

2.11 Forthwith to notify the Landlord in writing of any notices served by any competent authority and with all due speed to comply with the terms of the said notice as is reasonable in all circumstance of the case and to indemnify and keep the Landlord indemnified from and against all actions, costs, claims, demands and liability in respect thereof.

2.12 Not to make or permit to be made any alterations in or additions or partitions to the Said Premises or to the Landlord's fixtures, fittings and decorations wherein without first having obtained a written consent from the Landlord and upon the expiration or earlier determination of the term hereby created, if so requested by the Landlord, to restore the Said Premises to their original state and condition or as required by the Landlord to be mutually agreed upon at the sole cost and expense of the Tenant.

2.13 Not without the previous consent of the Landlord to affix paint or otherwise exhibit on the exterior of the Said Premises or the windows thereof or any part thereof or any name plate, signboard, placard, poster or advertisement of any flagstaff or other thing whatsoever or use the outer wall of the Said Premises for the purpose of any public announcement or to exhibit anywhere outside the Said Premises any indication of business or otherwise except upon the written consent of the Landlord, which shall not be unreasonably withheld. Notwithstanding with the above, the Tenant is allowed to put the normal business registration signboard related to their business in compliance with the local authority bylaws, rules and regulations.

2.14 Not to do or permit or suffer to be done anything whereby the policy or policies of insurance on the Said Premises against damage by fire may become void or voidable or whereby the Said Premises thereon may be increased and to make good all damage suffered by the Landlord and to repay the Landlord on demand all sums paid by them by way of increased premium and all expenses incurred by the Landlord in or about any renewal of such policy or policies rendered necessary by a breach or non-observance of this covenant without prejudice to the other rights of the Landlord.

2.15 Not to install or cause to be installed in the Said Premises any heavy equipment or electrical appliances consuming high voltage without the prior written consent of the Landlord first had any obtained.

2.16 UPON THE EXPIRATION OR DETERMINATION OF THE TERM hereby created:-

(i) to remove all fixtures and effects belong to the Tenant and to restore the Said Premises to its original state and condition failing which the Landlord may remove such fixtures and effects and restore the Said Premises as aforesaid and the costs of such removal and restoration shall be a debt due from the Tenant to the Landlord and the Tenant shall be deemed to continue in occupation of the Said Premises until such removal and restoration has been completed and shall be liable to pay rent for such period and

(ii) to peacefully yield up the Said Premises in good and tenantable condition in accordance with the Tenant's obligations herein contained.

2.17 At all times during the term hereby created to comply with all such requirements as may be imposed on the Tenant by any Ordinance or Act of Parliament now or hereafter in force and any orders, rules, regulations, requirements and notices thereunder.

2.18 At all time during the Tenancy to service and maintain the fire extinguishers, air-conditioning units in the Said Premises if provided.

2.19 The Tenant shall be responsible for the repairs and replacements of any consumable parts such as refill, gas, oil, filters, belts, dehydrators., if fire extinguishers and or air conditioners are provided.

2.20 Not to assign, under let or part with the actual or legal possession or the use of the Said Premises or any part thereof for any term whatsoever without the previous consent in writing of the Landlord first being obtained.

3.00 THE LANDLORD HEREBY COVENANTS WITH THE TENANT as follows:-

3.01 To pay the quit rent and assessment imposed on and payable in respect of the Said Premises.

3.02 At all time throughout the Tenancy to insure and keep insured the Said Premises but excluding the Tenant's furniture, fittings and chattels from loss or damage by fire and to pay all premiums necessary for that purpose.

3.03 To permit the Tenant if he punctually pays the rents hereby reserved and other charges and observes the stipulations on his part herein contained to peaceably enjoy the Said Premises without any interruption or disturbances by the Landlord or those lawfully claiming title under or in trust for them.

4.00 PROVIDED ALWAYS AND IT IS EXPRESSLY AGREED as follows:-

4.01 If the rent or any part thereof shall be in arrears for the period of seven (7) days next after the same become due and payable (whether formally demanded for or not) or any covenant on the Tenant's part herein contained shall not be performed or observed or if the Tenant shall have a receiving order made against him or shall have made any assignment for the benefit of his creditors or entered into any Agreement or made any arrangements with his creditor by composition or otherwise or suffered any distress or attachment or execution to be levied against his goods or if the Tenant for the time being shall be a company and shall go into liquidation whether compulsory or otherwise except for the purpose of reconstruction or amalgamation then and in any such cases the Landlord shall be entitled to take possession of the Said Premises at any time thereof in the name of the whole and thereupon (excluding the Tenant's personal possession and property) this tenancy Agreement shall cease but without prejudice to the rights of action of the Landlord in respect of any antecedent breach of the conditions on the part of the Tenant herein contained.

4.02 If the Said Premises shall be destroyed or damaged by fire or shall otherwise become unfit for use and occupation, and rent here reserved or a due proportion thereof shall cease until the complete restoration of the Said Premises.

4.03 The Landlord shall at the written request of the Tenant made not less than three (3) months before the expiration of the term hereby created and if there shall not at the time of such request be any existing breach or non-observance of any of the covenants of the part of the Tenant at the Tenant's own cost and expense grant to the Tenant a further Tenancy of the Said Premises for a further term as specified in Section "K" of the Schedule at an revised rental to be then mutually agreed upon by the Landlord and the Tenant based on the then prevailing market rate and upon the same terms and conditions contained herein save and except for this provision for renewal.

5.00 Any notice or other documents or writing required to be served, delivered or given hereunder shall be sufficiently served if left addressed to the Tenant on the said Premises or at the address specified in Section "C" of the Schedule herein or sent to the Tenant by registered post addressed to the Tenant's last know address in Malaysia and notice document or writing to the Landlord shall be sufficiently served if sent by registered post the Landlord's address specified in Section "B" of the Schedule herein at the last known address.

6.00 The cost of and incidental expenses to the preparation and completion of this Agreement including stamp duty shall be paid by the Tenant.

7.00 It is hereby expressly agreed between the Landlord and the Tenant that the Tenancy of the Said Premises shall be in addition to the terms and conditions herein be subjected to the Special Conditions, if any set out in Section "L" of the Schedule. In the event of any conflict, discrepancies or variance the special conditions shall prevail.

8.00 The Section "Special Conditions" shall be taken, read and constructed as part of this Agreement.

9.00 Time wherever mentioned shall be of the essence.

10.00 In this Agreement unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided:-

10.a) Words importing the masculine gender include the feminine and neuter genders;

10.b) Words applicable to human beings include any body of persons corporate or un-incorporate:

10.c) Words in the singular include the plural and vice versa; and

10.d) The expression "the Landlord" include its successors in title, personal representatives, administrators and permitted assigns and " the Tenant " include its successors, administrators, personal representatives and permitted assigns.