Common use of PROVIDED ALWAYS AND IT IS HEREBY Clause in Contracts

PROVIDED ALWAYS AND IT IS HEREBY. EXPRESSLY AGREED AND DECLARED by and between the Lessor the Minister for Lands and Surveys and the Lessee as follows: — (1) THAT it shall be lawful at all times for the Lessor — (i) to grant to the Lessor in right of the State of Western Australia or of the Commonwealth of Australia easements (including easements without dominant tenements) or rights over the demised premises for any public purpose or purpose approved by the Lessor; (ii) to require the Lessee to consent to the granting of such easements (including easements without dominant tenements) or rights in or over the demised premises as may from time to time be reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands; and (iii) to use or permit the use of the demised premises as is reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands. PROVIDED ALWAYS that no such grant requirement use or permission to use shall be made if such grant requirement use or permission to use (as the case may be) would unduly prejudice the Lessee or unduly interfere with the operations of the Lessee under the Agreement. (2) THAT subject to the Agreement all rights in the demised premises (other than those expressly or impliedly granted under this lease) are reserved to the Lessor or the Minister for Lands and Surveys as the case may be. (3) THAT upon the determination of this lease which may be determined by effluxion of time or pursuant to the Agreement or by surrender it shall be lawful for the Lessor (without prejudice to any right of action of any one or more parties having rights hereunder in respect of any breach non-performance or non-observance of or non-compliance with any of the covenants conditions and obligations contained herein and on the part of the Lessee to be performed observed or complied with and subject to subclause (6) of Clause 5 and to subclause (1) of Clause 24 of the Agreement) to re-enter into and upon the demised premises or any part thereof in the name of the whole and the same to have again repossess and enjoy as if this lease had never been executed and the house or houses sheds and other buildings used in connection with the demised premises and all plant and equipment necessary for the effective operation of the irrigation system on the demised premises shall then remain or become the absolute property of the Lessor without compensation and freed and discharged from all mortgages and encumbrances and in such case the Lessee will do and execute such documents and things (including surrenders) as the Minister may reasonably require to give effect to this provision AND the Lessee hereby irrevocably constitutes and appoints the Minister or such person as he may from time to time nominate the true and lawful attorney of the Lessee to execute those documents and things (including surrenders). (4) ANY dispute or difference as to questions of fact between the parties arising out of or in connection with this lease or any agreed amendment or variation thereof or agreed addition or as to the rights duties or liabilities of either party or any other person hereunder or as to any matter to be agreed upon between the parties hereto under this lease shall in default of agreement between the parties and in the absence of any provision in this lease or the Agreement to the contrary be referred to and settled by arbitration under the provisions of the Arbitration Xxx 0000 provided that this clause shall not apply in any case where either expressly or impliedly the Lessor of the Minister for Lands and Surveys or the Minister is given a discretionary power hereunder. (5) THAT any notice consent request or other writing authorised or required by this lease to be given or sent shall be deemed to have been duly given by the party giving the same if given in accordance with the provisions in that regard in the Agreement.

PROVIDED ALWAYS AND IT IS HEREBY. EXPRESSLY AGREED AND DECLARED by and between the Lessor Us, Our heirs and successors the Minister for Lands and Surveys and the Lessee as follows: —: (1) THAT it shall be lawful at all times for the Lessor — (i) to grant to the Lessor in right of the State of Western Australia or of the Commonwealth of Australia easements (including easements without dominant tenements) or All rights over the demised premises for any public purpose or purpose approved by the Lessor; (ii) to require the Lessee to consent to the granting of such easements (including easements without dominant tenements) or rights in or over the demised premises as may from time to time be reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands; and (iii) to use or permit the use of the demised premises as is reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands. PROVIDED ALWAYS that no such grant requirement use or permission to use shall be made if such grant requirement use or permission to use (as the case may be) would unduly prejudice the Lessee or unduly interfere with the operations of the Lessee under the Agreement. (2) THAT subject to the Agreement all rights in the demised premises (other than those expressly or impliedly granted under this lease) lease are reserved to the Lessor or Us, Our heirs and successors and the Minister for Lands and Surveys (as the case may berequires). (2) If — (a) the Lessee goes into liquidation (other than a voluntary liquidation for the purpose of reconstruction) and unless within three (3) THAT upon months from the determination date of this lease which may such liquidation the interest of the Lessee is assigned to an assignee approved by the Minister under clause 1 (3) hereof; (b) the demised premises cease to be determined used for the special purpose of a Boat Harbour or associated purposes; or (c) if the Agreement is terminated by effluxion of time or the State pursuant to clause 21 (1) of the Agreement, or (d) the Lessee defaults in the due and punctual performance or observance of any covenant on its part herein or in the Agreement contained or by surrender implied and fails to remedy that default within a period of 180 days after the service on the Lessee of a notice specifying such default THEN and in any of the said cases it shall be lawful for the Lessor (without prejudice to any right of action of any one or more parties having rights hereunder in respect of any breach non-performance or non-observance of or non-compliance with any of the covenants conditions Us, Our heirs and obligations contained herein and on the part of the Lessee to be performed observed or complied with and subject to subclause (6) of Clause 5 and to subclause (1) of Clause 24 of the Agreement) to re-enter successors into and upon the demised premises or any part thereof in the name of the whole to re-enter and the same to have again repossess and enjoy as if this lease had never been executed and the house or houses sheds and other buildings used in connection with the demised premises and all plant and equipment necessary for the effective operation of the irrigation system on the demised premises shall then remain or become the absolute property of the Lessor without making any compensation and freed and discharged from all mortgages and encumbrances and in such case to the Lessee will do and execute such documents and things (including surrenders) as the Minister may reasonably require to give effect to this provision AND the Lessee hereby irrevocably constitutes and appoints the Minister or such person as he may from time to time nominate the true and lawful attorney of the Lessee to execute those documents and things (including surrenders). (4) ANY dispute or difference as to questions of fact between the parties arising out of or in connection with this lease or any agreed amendment or variation thereof or agreed addition or as to the rights duties or liabilities of either party or any other person hereunder or as but without prejudice to any matter to be agreed upon between the parties hereto under this lease shall in default right of agreement between the parties action of both or either of Us, Our heirs and in the absence of any provision in this lease or the Agreement to the contrary be referred to successors and settled by arbitration under the provisions of the Arbitration Xxx 0000 provided that this clause shall not apply in any case where either expressly or impliedly the Lessor of the Minister for Lands and Surveys or in respect of any breach of the Minister is given a discretionary power hereunderLessee’s covenants herein contained. (53) THAT any Any notice consent request or other writing authorised or required by this lease to be given or sent shall be deemed to have been duly given or sent by the party giving Minister for Lands if signed by such Minister or by any senior officer of the same Public Service of the said State acting by the direction of such Minister and forwarded by prepaid registered post to the Lessee at its address hereinafter stated and by the Lessee if signed on its behalf by a person authorised to do so and forwarded by prepaid registered post to the Minister for Lands at its office in Perth AND any such notice consent request or writing shall be deemed to have been duly given or sent on the day on which it would be delivered in accordance with the ordinary course of post. (4) This Lease is made subject to the provisions in that regard of the Agreement and in the Agreementevent of any conflict or inconsistency between the provisions of the Agreement and the provisions hereof then the provisions of the Agreement shall to the extent of the conflict or inconsistency prevail. (5) The Crown shall not do anything to prevent or preclude access to the demised premises for navigation from the Indian Ocean. (6) As an from a date two (2) months after the Secret Harbour Management Trust is established the Lessee shall be freed and discharged from the obligations contained in clauses 1 (2) (d), 1 (2) (e), 1 (2) (f), 1 (2) (l), 1 (2) (n) and 1 (2) (o) of this Lease but without prejudice to the rights of the Crown in respect of any antecedent default or breach of covenant by the Lessee. (7) In this lease unless the contrary intention appears —

PROVIDED ALWAYS AND IT IS HEREBY. EXPRESSLY AGREED AND DECLARED by and between the Lessor the Minister for Lands and Surveys and the Lessee as follows: —- (1a) THAT it If the rent reserved or any part thereof shall be lawful at all times unpaid for seven (7) days after becoming payable (whether legally or formally demanded or not) or if the Tenant shall fail or neglect to perform or observe any term or condition herein contained and on the Tenant's part to be performed or observed or if the Tenant shall become bankrupt or in the case of a limited company shall go into liquidation or if a petition for the Lessor — (i) to grant to the Lessor in right of the State of Western Australia Tenant's bankruptcy or of the Commonwealth of Australia easements (including easements without dominant tenements) or rights over the demised premises for any public purpose or purpose approved by the Lessor; (ii) to require the Lessee to consent to the granting of such easements (including easements without dominant tenements) or rights in or over the demised premises as may from time to time be reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands; and (iii) to use or permit the use of the demised premises as is reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands. PROVIDED ALWAYS that no such grant requirement use or permission to use shall be made if such grant requirement use or permission to use (winding up, as the case may be) would unduly prejudice , shall have been filed or if the Lessee Tenant shall enter into any composition or unduly interfere arrangement with creditors or shall suffer the operations Tenant's goods or other property to be levied on execution then and in any of the Lessee under the Agreement. (2) THAT subject to the Agreement all rights in the demised premises (other than those expressly or impliedly granted under this lease) are reserved to the Lessor or the Minister for Lands and Surveys as the case may be. (3) THAT upon the determination of this lease which may be determined by effluxion of time or pursuant to the Agreement or by surrender said cases it shall be lawful for the Lessor (without prejudice Landlord at any time thereafter to any right of action of any one or more parties having rights hereunder in respect of any breach non-performance or non-observance of or non-compliance with any of the covenants conditions determine this Agreement and obligations contained herein and on the part of the Lessee to be performed observed or complied with and subject to subclause (6) of Clause 5 and to subclause (1) of Clause 24 of the Agreement) to re-enter into and upon the demised said premises or any part thereof in the name of the whole but without prejudice to any right of action of the Landlord in respect of any breach of the Tenant's terms and conditions herein contained and the same deposit paid hereunder shall be forfeited to the Landlord but without prejudice to the Landlord's rights to claim any further damages which the Landlord shall have again repossess sustained or may sustain and enjoy as if this lease had never been executed and a written notice served by the house or houses sheds and other buildings used in connection with the demised premises and all plant and equipment necessary for the effective operation of the irrigation system Landlord on the demised premises Tenant to the effect that the Landlord thereby exercises the power of re-entry and determination hereinbefore contained shall then remain or become the absolute property be a full and sufficient exercise of the Lessor without compensation and freed and discharged from all mortgages and encumbrances and in such case the Lessee will do and execute such documents and things (including surrenders) as the Minister may reasonably require to give effect to this provision AND the Lessee hereby irrevocably constitutes and appoints the Minister or such person as he may from time to time nominate the true and lawful attorney of the Lessee to execute those documents and things (including surrenders)power. (4b) ANY dispute In the event of any breach of any term or difference as to questions condition on the part of fact between the parties arising out Tenant herein contained, the Landlord shall not by acceptance of rent or in connection with this lease or any agreed amendment or variation thereof or agreed addition or as to the rights duties or liabilities of either party or by any other person hereunder act whatsoever or as to by any matter to be agreed upon between the parties hereto under this lease shall in default of agreement between the parties and in the absence of any provision in this lease or the Agreement to the contrary be referred to and settled by arbitration under the provisions of the Arbitration Xxx 0000 provided that this clause shall not apply in any case where either expressly or impliedly the Lessor of the Minister for Lands and Surveys or the Minister is given a discretionary power hereunder. (5) THAT any notice consent request or other writing authorised or required by this lease to be given or sent shall omission be deemed to have been duly given by waived any such breach of term or condition notwithstanding any rule of law or equity to the party giving contrary and that no consent to or waiver of any breach shall be binding on the Landlord unless the same if given is in accordance with writing of the provisions in that regard in the AgreementLandlord.

PROVIDED ALWAYS AND IT IS HEREBY. EXPRESSLY AGREED AND DECLARED by and between the Lessor the Minister for Lands and Surveys and the Lessee BETWEEN THE PARTIES HERETO as follows: —- (1a) THAT it If the rent hereby reserved on any part thereof shall be lawful at all times in arrears (14 days) and unpaid for after the same shall have become due (whether formally demanded or not) or if the Tenant shall be in default in the observance of any of the covenants on their part herein contained and if the Tenant shall fail to remedy such breach after formal notice of such breach has been given by the Landlord to the Tenant or if the Tenant shall have a receiving order made against him or shall make any assignment for the Lessor —benefit of his creditors or enter into any agreement with his creditors by composition or otherwise or suffer any distress or attachment or execution to be levied against his goods then and in any of the aforesaid events the Landlord shall at any time thereafter be entitled to terminate this Tenancy by notice in writing to the Tenant, whereupon such termination, the Landlord shall forfeit the security deposit paid hereunder but without prejudice to any action or other remedy which the Landlord has or might or otherwise could have for the recovery of damages or arrears as a result of any such event. In the event the Tenant continues to remain in occupation of the Demised Premises and fails to surrender the whole of the Demised Premises and every part thereof after the termination of the Tenancy pursuant to the above herein, the Landlord shall be entitled to re-possess the demised Premises by way of court proceedings under Section 7(2) of the Specific relief Xxx 0000. All costs and expenses (including legal costs on a solicitor-client basis) incurred by the Landlord in bringing an action for re-possession shall be borne by the Tenant, and the Landlord may recover the same from the Tenant. Acceptance of the rent by the Landlord shall not be deemed to operate as a waiver by the Landlord of any right of action against the Tenant in respect of any breach of it obligations hereunder. (c) The Rental / Security Deposit paid under clause 2 (b) above will be forfeited in the event of the Tenant failing for any reason whatsoever to occupy the Demised Premises for the full and complete term of the Tenancy hereby created or for the full and complete term of a renewal of the tenancy hereby created (if renewed), but without prejudice to any other claims or rights of action which the Landlord may have against the Tenant under the terms of this agreement. (e) In the event the Demised Premises or any part(s) thereof shall at any time during the said term be destroyed or damages by the fire lighting explosion or otherwise so to become partially or totally unfit for habitation (except if caused by the Tenant action or negligence) the Tenant shall have the right forthwith to determine this Tenancy or at its option to continue residing at the Demised Premises paying a fair proportion of the rent hereby reserved according to the nature and extent that the Tenant shall have been deprived of the use and benefit of the Demised Premises and such amount of rental is to be ascertained by a licensed valuer to be nominated by the Landlord and mutually agreed to by the Tenant and such decision shall be final. The Landlord may, on the written request of the Tenant made not less than two (2) calendar months before the expiration of the term hereby created and if there shall not be at the time of such request any existing breach or non-observance of any of the covenants on the part of the Tenant hereinbefore contained, at the expense of the Tenant grant to the Tenant a further term of ONE AND A HALF (1.5) years from the date of expiration of the term hereby created at a rental to be then agreed upon by the parties hereto but otherwise containing the like covenants and provisos herein contained with the exception of the present covenant for renewal. For the avoidance of doubt, should the Tenant fail to accept the rental proposed by the Landlord by 30 June 2023, this Tenancy will be deemed as terminated. To allow an appointed Real Estate Agent to show the Demised Premises to prospective tenants during the two (2) months immediately preceding the termination of this Tenancy hereby created provided no renewal of the present Tenancy is required by the Tenant. (i) In the event the property is sold during the tenancy period, the tenant shall be given a minimum of fifteen months’ notice to grant vacate the property whereby this tenancy shall be terminated without penalty; provided always the new owner requires vacant possession prior to 30 June 2023 or the termination of this Tenancy. (j) Any notice requiring to be served hereunder shall be in writing and shall be sufficiently served on the Tenant if left addressed to the Lessor Tenant on or at the Demised Premises or forwarded to them by post to their last known place of business and a notice sent by post shall be deemed to be given at the time when it ought in right due course of post to be delivered at the address to which it is sent. (k) No pets will be kept within the unit. (l) Any indulgence given by the Landlord hereto shall not constitute a waiver of or prejudice their rights herein contained. (m) Time wherever mentioned in this agreement will be of the State essence of Western Australia this agreement. (n) In this Agreement unless there is something in the subject or of context inconsistent with such construction or unless it is otherwise expressly provided: - (i) Words importing the Commonwealth of Australia easements (including easements without dominant tenements) or rights over masculine gender include the demised premises for any public purpose or purpose approved by the Lessorfeminine and neuter genders; (ii) Words applicable to require the Lessee to consent to the granting human beings include any body of such easements (including easements without dominant tenements) persons corporate or rights in or over the demised premises as may from time to time be reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands; andunincorporate; (iii) to use or permit Words in the use of singular include the demised premises as is reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands. PROVIDED ALWAYS that no such grant requirement use or permission to use shall be made if such grant requirement use or permission to use (as the case may be) would unduly prejudice the Lessee or unduly interfere with the operations of the Lessee under the Agreement.plural and vice versa; (2iv) THAT subject to The expressions “the Agreement all rights Landlord” includes its successors in title and assigns and “the demised premises (other than those expressly or impliedly granted under this lease) are reserved to Tenant” include its successors in title and permitted assigns. AS WITNESS the Lessor or the Minister for Lands and Surveys as the case may be. (3) THAT upon the determination hands of this lease which may be determined by effluxion of time or pursuant to the Agreement or by surrender it shall be lawful for the Lessor (without prejudice to any right of action of any one or more parties having rights hereunder in respect of any breach non-performance or non-observance of or non-compliance with any of the covenants conditions and obligations contained herein and on the part of the Lessee to be performed observed or complied with and subject to subclause (6) of Clause 5 and to subclause (1) of Clause 24 of the Agreement) to re-enter into and upon the demised premises or any part thereof in the name of the whole and the same to have again repossess and enjoy as if this lease had never been executed and the house or houses sheds and other buildings used in connection with the demised premises and all plant and equipment necessary for the effective operation of the irrigation system on the demised premises shall then remain or become the absolute property of the Lessor without compensation and freed and discharged from all mortgages and encumbrances and in such case the Lessee will do and execute such documents and things (including surrenders) as the Minister may reasonably require to give effect to this provision AND the Lessee hereby irrevocably constitutes and appoints the Minister or such person as he may from time to time nominate the true and lawful attorney of the Lessee to execute those documents and things (including surrenders). (4) ANY dispute or difference as to questions of fact between the parties arising out of or in connection with this lease or any agreed amendment or variation thereof or agreed addition or as to the rights duties or liabilities of either party or any other person hereunder or as to any matter to be agreed upon between the parties hereto under this lease shall in default of agreement between the parties day and year first above written. Signed by the Landlord NAME : Soo Xxx Xxxx NRIC No. : 890302-10-5877 ..................................................................... in the absence presence of any provision :- Name : NRIC No. : ......................................... Signed by the Tenant NAME : Xxxxx Xxxxx Xxxx Xx NRIC No. : 790120-02-5229 .............................................. in this lease or the Agreement to the contrary be referred to and settled by arbitration under the provisions of the Arbitration Xxx 0000 provided that this clause shall not apply in any case where either expressly or impliedly the Lessor of the Minister for Lands and Surveys or the Minister presence of:- Name : NRIC No. : ............................................. (Which is given a discretionary power hereunder. (5) THAT any notice consent request or other writing authorised or required by this lease to be given or sent shall be deemed to have been duly given by the party giving the same if given in accordance with the provisions in that regard in the taken, read and construed as an essential part of this Agreement.) SECT NO ITEMS PARTICULARS 1. Date of Agreement This day of 2021 2. Description of Landlord Soo Xxx Xxxx 1257, Jalan Jiran, Taman Gembira, off Xxxxx Xxxxxx Xxxx, 00000 Xxxxx Xxxxxx

PROVIDED ALWAYS AND IT IS HEREBY. EXPRESSLY AGREED AND DECLARED by and between the Lessor the Minister for Lands and Surveys and the Lessee as follows: —- (1a) THAT it If the rent reserved or any part thereof shall be lawful at all times unpaid for seven (7) days after becoming payable (whether legally or formally demanded or not) or if the Tenant shall fail or neglect to perform or observe any term or condition herein contained and on the Tenant's part to be performed or observed or if the Tenant shall become bankrupt or in the case of a limited company shall go into liquidation or if a petition for the Lessor — (i) to grant to the Lessor in right of the State of Western Australia Tenant's bankruptcy or of the Commonwealth of Australia easements (including easements without dominant tenements) or rights over the demised premises for any public purpose or purpose approved by the Lessor; (ii) to require the Lessee to consent to the granting of such easements (including easements without dominant tenements) or rights in or over the demised premises as may from time to time be reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands; and (iii) to use or permit the use of the demised premises as is reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands. PROVIDED ALWAYS that no such grant requirement use or permission to use shall be made if such grant requirement use or permission to use (winding up, as the case may be) would unduly prejudice , shall have been filed or if the Lessee Tenant shall enter into any composition or unduly interfere arrangement with creditors or shall suffer the operations Tenant's goods or other property to be levied on execution then and in any of the Lessee under the Agreement. (2) THAT subject to the Agreement all rights in the demised premises (other than those expressly or impliedly granted under this lease) are reserved to the Lessor or the Minister for Lands and Surveys as the case may be. (3) THAT upon the determination of this lease which may be determined by effluxion of time or pursuant to the Agreement or by surrender said cases it shall be lawful for the Lessor (without prejudice Landlord at any time thereafter to any right of action of any one or more parties having rights hereunder in respect of any breach non-performance or non-observance of or non-compliance with any of the covenants conditions determine this Agreement and obligations contained herein and on the part of the Lessee to be performed observed or complied with and subject to subclause (6) of Clause 5 and to subclause (1) of Clause 24 of the Agreement) to re-enter into and upon the demised said premises or any part thereof in the name of the whole but without prejudice to any right of action of the Landlord in respect of any breach of the Tenant's terms and conditions herein contained and the same deposit paid hereunder shall be forfeited to the Landlord but without prejudice to the Landlord's right to claim any further damages which the Landlord shall have again repossess sustained or may sustain and enjoy as if this lease had never been executed and a written notice served by the house or houses sheds and other buildings used in connection with the demised premises and all plant and equipment necessary for the effective operation of the irrigation system Landlord on the demised premises Tenant to the effect that the Landlord thereby exercises the power of re-entry and determination hereinbefore contained shall then remain or become the absolute property be a full and sufficient exercise of the Lessor without compensation and freed and discharged from all mortgages and encumbrances and in such case the Lessee will do and execute such documents and things (including surrenders) as the Minister may reasonably require to give effect to this provision AND the Lessee hereby irrevocably constitutes and appoints the Minister or such person as he may from time to time nominate the true and lawful attorney of the Lessee to execute those documents and things (including surrenders)power. (4b) ANY dispute In the event of any breach of any term or difference condition on the part of the Tenant herein contained, the Landlord shall not by acceptance of rent or by any other act whatsoever or by any omission be deemed to have waived any such breach of term or condition notwithstanding any rule of law or equity to the contrary and that no consent to or waiver of any breach shall be binding on the Landlord unless the same is in writing of the Landlord. Notwithstanding anything hereinbefore contained in the event of default in payment by the Tenant in respect of any payments to be made hereunder for a period of seven days from the date on which the same falls due for payment, the Tenant shall further pay to the Landlord on demand interest on the amount in arrears at the rate of 1.5 per cent (1.5)% per (c) For the purpose of this Agreement any act default neglect or omission of any servant, agent, licensee, visitor and invitee of the Tenant shall be deemed to be the act default neglect or omission of the Tenant. (d) In the event of the said premises or any part thereof at any time during the said term being damaged or destroyed by acts of war fire typhoon earthquake flood white ants or subsidence of the soil so as to questions render the same unfit for occupation and use and the cause of fact between which is not attributable to the parties arising out acts or omission of the Tenant then the rent hereby reserved or in connection with this lease a fair proportion thereof according to the nature and extent of the damage sustained shall cease to be payable until the said premises shall have been again rendered fit for occupation and use PROVIDED ALWAYS that should the whole of the said premises or the greater part thereof be so destroyed or damaged by the happening of any of the above events as to be unfit for use and occupation the Landlord shall not be required to rebuild or reinstate the said premises or the said building if by reason of the condition of the same or any agreed amendment local Regulations or variation other circumstances beyond the control of the Landlord it is not practicable or reasonable to do so Provided that if the Landlord shall fail to reinstate or cause to be reinstated the said premises or the said building within six months of receiving a written notice to reinstate the same from the Tenant or if the said premises or the greater part thereof or agreed addition the said building remain uninhabitable or inaccessible for a period of one month the Tenant may forthwith or within a reasonable time thereafter by a written notice terminate this Agreement and thereupon the same and everything herein contained shall be void as from the date of occurrence of such damage or destruction and the Landlord shall forthwith refund to the Tenant the said deposit or the balance thereof but without prejudice to the rights duties or liabilities and remedies of either party or any against the other person hereunder or as to any matter to be agreed upon between the parties hereto under this lease shall in default of agreement between the parties and in the absence respect of any provision in this lease antecedent claim or the Agreement to the contrary be referred to and settled by arbitration under the provisions of the Arbitration Xxx 0000 provided that this clause shall not apply in any case where either expressly breach or impliedly the Lessor of the Minister for Lands and Surveys or the Minister is given a discretionary power hereundercovenant. (5e) THAT Any notice required to be served hereunder shall be sufficiently served on the Tenant if delivered or sent by post or left addressed to it at the said premises or at its registered office in Hong Kong and any notice consent request or other writing authorised or required to the Landlord shall be sufficiently served if sent to the Landlord by this lease to be given or post at the Landlord's registered office in Hong Kong. A notice sent by post shall be deemed to have been duly given by received at the party giving time when in due course of post it would be delivered at the same address to which it is sent. (f) For the purpose of distress for rent in terms of Part III of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) and for the purpose of this Agreement the rent in respect of the said premises shall be deemed to be in arrears if given not paid in accordance with advance at the provisions in that regard time and in the Agreementmanner hereinbefore provided for payment thereof.

PROVIDED ALWAYS AND IT IS HEREBY. EXPRESSLY AGREED AND DECLARED by and between the Lessor the Minister for Lands and Surveys and the Lessee as follows: — (1) THAT it shall be lawful at all times for the Lessor — (i) to grant to the Lessor in right of the State of Western Australia or of the Commonwealth of Australia easements (including easements without dominant tenements) or rights over the demised premises for any public purpose or purpose approved by the Lessor; (ii) to require the Lessee to consent to the granting of such easements (including easements without dominant tenements) or rights in or over the demised premises as may from time to time be reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands; and (iii) to use or permit the use of the demised premises as is reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands. PROVIDED ALWAYS that no such grant requirement use or permission to use shall be made if such grant requirement use or permission to use (as the case may be) would unduly prejudice the Lessee or unduly interfere with the operations of the Lessee under the Agreement. (2) THAT subject to the Agreement all rights in the demised premises (other than those expressly or impliedly granted under this lease) are reserved to the Lessor or the Minister for Lands and Surveys as the case may be. (3) THAT upon the determination of this lease which may be determined by effluxion of time or pursuant to the Agreement or by surrender it shall be lawful for the Lessor (without prejudice to any right of action of any one or more parties having rights hereunder in respect of any breach non-performance or non-observance of or non-compliance with any of the covenants conditions and obligations contained herein and on the part of the Lessee to be performed observed or complied with and subject to subclause (6) of Clause 5 and to subclause (1) of Clause 24 of the Agreement) to re-enter into and upon the demised premises or any part thereof in the name of the whole and the same to have again repossess and enjoy as if this lease had never been executed and the house or houses sheds and other buildings used in connection with the demised premises and all plant and equipment necessary for the effective operation of the irrigation system on the demised premises shall then remain or become the absolute property of the Lessor without compensation and freed and discharged from all mortgages and encumbrances and in such case the Lessee will do and execute such documents and things (including surrenders) as the Minister may reasonably require to give effect to this provision AND the Lessee hereby irrevocably constitutes and appoints the Minister or such person as he may from time to time nominate the true and lawful attorney of the Lessee to execute those documents and things (including surrenders). (4) ANY dispute or difference as to questions of fact between the parties arising out of or in connection with this lease or any agreed amendment or variation thereof or agreed addition or as to the rights duties or liabilities of either party or any other person hereunder or as to any matter to be agreed upon between the parties hereto under this lease shall in default of agreement between the parties and in the absence of any provision in this lease or the Agreement to the contrary be referred to and settled by arbitration under the provisions of the Arbitration Xxx 0000 provided that this clause shall not apply in any case where either expressly or impliedly the Lessor of the Minister for Lands and Surveys or the Minister is given a discretionary power hereunder. (5) THAT any notice consent request or other writing authorised authorized or required by this lease to be given or sent shall be deemed to have been duly given by the party giving the same if given in accordance with the provisions in that regard in the Agreement. (6) IN this lease, unless the context otherwise requires: —

PROVIDED ALWAYS AND IT IS HEREBY. EXPRESSLY AGREED AND DECLARED by and between the Lessor the Minister for Lands and Surveys and the Lessee BETWEEN BOTH PARTIES as follows: —follows:- (1a) THAT it If at any time the rent or any part thereof (whether formally demanded or not) shall remain or unsatisfied for seven (7) days after becoming payable or if any of the Tenant’s covenants shall not be lawful at all times performed or observed or if the Tenant shall suffer execution on the Demised Premises or if the Tenant shall become a bankrupt or being a company or corporation shall go into liquidation otherwise than for the Lessor — (i) to grant to purpose of amalgamation or reconstruction or if the Lessor in right of the State of Western Australia or of the Commonwealth of Australia easements (including easements without dominant tenements) or rights over the demised premises for any public purpose or purpose approved by the Lessor; (ii) to require the Lessee to consent to the granting of such easements (including easements without dominant tenements) or rights in or over the demised premises as may from time to time be reasonably necessary Tenant for the overall development or use of the demised premises or for the overall development or use of the surrounding lands; and (iii) to use or permit the use of the demised premises as is reasonably necessary for the overall development or use of the demised premises or for the overall development or use of the surrounding lands. PROVIDED ALWAYS that no such grant requirement use or permission to use time being shall be made if such grant requirement use or permission to use (as the case may be) would unduly prejudice the Lessee or unduly interfere enter into any composition with the operations Tenant’s creditors or suffer any distress or execution to be levied on the Tenant’s good then and in any of the Lessee under the Agreement. (2) THAT subject to the Agreement all rights in the demised premises (other than those expressly or impliedly granted under this lease) are reserved to the Lessor or the Minister for Lands and Surveys as the case may be. (3) THAT upon the determination of this lease which may be determined by effluxion of time or pursuant to the Agreement or by surrender events it shall be lawful for the Lessor (without prejudice Landlord or any persons authorized by the Landlord in that behalf at any time thereafter to any right of action of any one or more parties having rights hereunder in respect of any breach non-performance or non-observance of or non-compliance with any of the covenants conditions and obligations contained herein and on the part of the Lessee to be performed observed or complied with and subject to subclause (6) of Clause 5 and to subclause (1) of Clause 24 of the Agreement) to re-enter into and reenter upon the demised premises said Demised Premises or any part thereof in the name of the whole and the same thereupon this tenancy shall absolutely determine without prejudice to have again repossess and enjoy as if this lease had never been executed and the house any right of action or houses sheds and other buildings used in connection with the demised premises and all plant and equipment necessary for the effective operation remedy of the irrigation system on the demised premises shall then remain or become the absolute property Landlord in respect of any breach of the Lessor without compensation and freed and discharged from all mortgages and encumbrances and in such case the Lessee will do and execute such documents and things (including surrenders) as the Minister may reasonably require to give effect to this provision AND the Lessee hereby irrevocably constitutes and appoints the Minister or such person as he may from time to time nominate the true and lawful attorney of the Lessee to execute those documents and things (including surrenders)Tenant’s covenant herein contained. (4b) ANY dispute If the Demised Premises or difference any part thereof shall at any time be destroyed or damaged by or damaged from any cause (other than the act or default neglect, omission or willful act of the Tenant or any servant of the Tenant or any person who is in the Demised Premises with his permission whether express or implied) so as to questions render the Demised Premises unfit for occupation the rent hereby reserved or a fair proportion thereof according to the nature and extent of fact between damage sustained shall be suspended until the parties arising out Demised Premises shall again be rendered fit for habitation and use. If the Demised Premises shall not be rebuilt or reinstated by the Landlord within three (3) months after the event either the Landlord or the Tenant may at any time thereafter give to the other of them notice in writing to determine this tenancy and thereupon the same and everything herein contained shall cease and be void as from the date of occurrence of such damage or in connection with this lease or any agreed amendment or variation thereof or agreed addition or as destruction but without prejudice to the rights duties or liabilities and remedies of either party against the other in respect of any antecedent claim or breach of covenant or of the Landlord in respect of the rent hereby reserved until such date. (c) Notwithstanding anything herein contained the Landlord shall not be liable to the Tenant nor shall the Tenant have any claim against the Landlord in respect thereof:- (i) Any interruption in the letting of the Demised Premised occasioned by reason of necessary repair or maintenance of any installation or apparatus or damage thereto or destruction thereof by fire, water, Act of God or cause beyond the control of the Landlord or reason of mechanical or other defect or breakdown or other inclement conditions or unavoidable shortage of electricity or water or telephone service or labor disputes. (ii) Any damage, injury or loss arising out the leakage of the piping, wiring and other systems in the building. (iii) Any damage or loss of the goods and chattels of the Tenant as a result of theft, robbery or any other person hereunder or as to any matter to be agreed upon between willful destruction act committed by outsiders beyond the parties hereto under this lease shall in default of agreement between the parties and in the absence of any provision in this lease or the Agreement to the contrary be referred to and settled by arbitration under the provisions control of the Arbitration Xxx 0000 provided that this clause shall not apply in any case where either expressly or impliedly the Lessor of the Minister for Lands and Surveys or the Minister is given a discretionary power hereunderLandlord. (5d) THAT any In the event the Tenant shall be desirous of taking a tenancy of the Demised Premises for a further term as stipulated in Section 13 of the Schedule A hereto, the Tenant shall give the Landlord two (2) month written notice consent request or other writing authorised or required in advance of the same and provided always that the terms and conditions of the agreement shall have been duly observed and performed by this lease the Tenant, the Landlord shall grant the Tenant the first option to renew the tenancy for the stipulated term upon the same terms and conditions, save and except for rental which is to be given or mutually agreed upon. If the Landlord and Tenant fail to agree on the rental at least one (1) month prior to the expiry of the tenancy, the said option shall automatically lapse and the Landlord shall be at liberty to let out the Demised Premises to any other person. (e) In the event the Landlord shall be desirous of selling out the said Demised Premises prior to the expiration of the term hereby created, the Landlord hereby undertakes and agrees that such sale shall be subject to this tenancy and shall procure the Purchaser to continue with the terms and conditions of this Agreement in lieu of the Landlord. (f) All costs and incidental outgoing to the preparation and completion of this Agreement including stamp duty shall be borne by the Tenant. (g) Any notice in writing under the terms and conditions of this Agreement to be sent to either party shall be by prepaid registered post and shall be deemed to sufficiently served at the time when in the ordinary course of post would have been duly given delivered. (h) No relaxation of forbearance delay or indulgence by the party giving Landlord in enforcing any of the same if given in accordance with terms and neither conditions of this Agreement nor the provisions in that regard in granting of any time by the AgreementLandlord shall prejudice, affect and/or restrict the rights and powers of the Landlord hereunder.