Common use of PROVIDED ALWAYS AND IT 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. (6) IN this lease, unless the context otherwise requires: —

PROVIDED ALWAYS AND IT. IS HEREBY EXPRESSLY MUTUALLY 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 If the Lessor rent and licence fee reserved or any part thereof be in right arrears (whether formally demanded or not) or in the case of the State breach, non-performance, non-observance or non-compliance of Western Australia or any of the Commonwealth material stipulations and material agreements herein contained on the part of Australia easements the Tenant to be kept done or performed, and the Tenant shall fail to pay such arrears within 14 days after receipt of a written notice from the Landlord, or fail to remedy such breach or non-performance non-observance or non-compliance within 30 days after receipt of a written notice from the Landlord or if the Tenant shall go into liquidation without the prior consent of the Landlord (including easements without dominant tenements) or rights over save and except that, in the demised premises for any public purpose or purpose approved by the Lessor; (ii) to require the Lessee to consent to the granting case 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 liquidation for the overall development or use purpose 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 reconstruction amalgamation or pursuant to a merger or acquisition of a solvent corporate Tenant where all the Agreement benefits and liabilities of this Lease are assigned to a company of equal or by surrender better credibility and financial state carrying out the business relating to telecommunication and/or internet services which assignment is made in the Landlord's form reasonably acceptable to the Tenant and at the Tenant's or assignee's sole costs, the Landlord's prior consent is not required), or shall have any order made or resolution passed for its winding up or (being a firm or partnership) shall cease trading or shall have its Business Registration cancelled or shall enter into any composition or arrangement with his creditors or shall suffer execution to be levied upon any of his goods or effects, 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 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 re-enter upon the demised said premises or any part thereof in the name of the whole and to forfeit the same Deposit as and for liquidated damages and not as a penalty, by calling upon the bank to pay over the sum guaranteed, and thereupon this Lease shall absolutely terminate but without prejudice to any alternative rights which may have again repossess accrued to the Landlord by reason of any antecedent breach of any of the obligations on the part of the Tenant hereinbefore contained. A written notice served by the Landlord on the Tenant to the effect that the Landlord thereby exercises the power of re-entry shall be a full and enjoy sufficient exercise of such power without actual entry on the part of the Landlord. (ii) Notwithstanding the foregoing, the Landlord may in any such event at its option elect not to terminate this Lease but to deduct from the Deposit the amount of any actual loss incurred by the Landlord in consequence of the breach, non-observance or non-performance by the Tenant (including legal cost and expenses mentioned in clause 6(n) hereof), by calling upon the bank to pay over such amount, in which event the Tenant shall, as if this lease had never been executed and a condition precedent to the house or houses sheds and other buildings used in connection continuation of the tenancy, deposit with the demised Landlord the amount so deducted by producing a replacement bank guarantee or additional bank guarantee within 14 days after receipt of notice from the Landlord and, if the Tenant shall fail so to do, the Landlord shall forthwith be entitled to re-enter on the said premises and all plant to terminate this Lease, in which event the Deposit may be forfeited to the Landlord as hereinbefore provided. (iii) Notwithstanding anything hereinbefore contained, in the event rent and equipment necessary for the effective operation of the irrigation system licence fee and/or Management Fees is not paid by on the demised premises seventh day of each month, the Tenant shall then remain or become further pay to the absolute property Landlord on written demand interest on the amount in arrears at the rate of 2% above 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 prime lending rate per annum quoted from time to time nominate by the true Hong Kong and lawful attorney Shanghai Banking Corporation Limited calculated from the date on which the same becomes due for payment (i.e. from the 1st day of each month as stipulated in First Schedule and clause 4(f)(i) hereof) until the date of payment, provided that the demand and/or receipt by the Landlord of interest pursuant to this provisions shall be without prejudice to and shall not affect the right of the Lessee Landlord to execute those documents and things exercise any other right or remedy hereof (including surrenders)the right of re-entry) exercisable under the terms of this Lease. (4iv) ANY dispute In addition and without prejudice to the Landlord's right under clause 6(a) (i) and (ii) hereinabove, in the event of the Tenant failing to pay rent and licence fee or difference committing any breach of this Lease, upon exercising its right of re-entry and the Tenant failing to deliver up vacant possession of the said premises to the Landlord and the Landlord having obtained the appropriate order of a court or tribunal or such other competent authority to enter the said premises and there has been no stay of such order, the Landlord may, and the Tenant hereby specifically authorises the Landlord to, cut off the supply of electricity and air-conditioning to the said premises and to dispose of all objects including goods merchandise equipment furniture and fixtures in or at the said premises in such manner as to questions of fact between the parties arising out of or Landlord shall deem fit, and any actual costs in connection with this lease therewith shall be paid by the Tenant and shall be recoverable from it as a debt upon presentation of reasonable evidence of such costs. (i) If the said premises or any agreed amendment part thereof are rendered uninhabitable by fire, water, storm, wind, typhoon, white ants, earthquake or variation any calamity beyond the control of the Landlord and not attributable to any failure by the Tenant to observe and carry out the terms and conditions of this Lease or when any closure order is imposed on the said premises or any part thereof, the rent and licence fee and the Management Fee or a part thereof proportionate to the extent to which the said premises shall have been so rendered uninhabitable shall xxxxx and cease to be payable until the same shall have been again rendered fit for occupation or agreed addition such closure order has been discharged or removed, provided always that the Landlord shall not be required to reinstate the said premises if by reason of the condition of the same or any local Regulations or other circumstances beyond the control of the Landlord it is not practicable or reasonable to do so, and provided further that should the said premises or the said Building not have been reinstated and rendered inhabitable in the meantime either the Landlord or the Tenant may at any time after six months from the calamity give to the other of them a notice in writing to terminate this Lease and thereupon the same and everything herein contained shall terminate as from the date of the calamity 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 antecedent claim or breach of the agreements, stipulations, terms and conditions herein contained or of the Landlord in this lease or respect of the Agreement rent and licence fee payable hereunder prior to the contrary be referred to and settled by arbitration under the provisions coming into effect of the Arbitration Xxx 0000 provided that suspension or of the Tenant to the return of its deposit pursuant to clause 3 hereof. Any dispute concerning 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 be determined by this lease to be given or sent shall be deemed to have been duly given by the party giving the same if given arbitration in accordance with the provisions of the Agreement (as defined in that regard in Clause (c)(I) of Part I of the AgreementSecond Schedule). (6ii) IN If at any time during the continuance of this leaseLease the competent authorities shall order the said Building to be pulled down or shall make a demolition order which shall become operative in respect of the said premises or any part thereof, the Agreement hereby created shall cease as from the commencement of the pulling down of the said premises or from the time when such demolition or closure order shall become operative, whereupon the Tenant shall deliver vacant possession of the said premises to the Landlord and the Landlord shall return to the Tenant the Deposit held by the Landlord hereunder without interest, and neither party shall have any claim against the other thereafter but without prejudice to any claim in respect of any antecedent breach. (c) The Landlord shall not be bound by any representations or promises with respect to the said Building and its appurtenances or in respect of the said premises except as herein expressly set forth or contained in the Agreement with the object and intention that the whole of the covenants between the Landlord and the Tenant shall be set forth herein and in no way modified by any discussions or correspondence which may have preceded the signing of this Lease. (d) No condoning, excusing or overlooking by either party of any default, breach or non-observance or non-performance by the other party at any time or times of any of that other party's obligations herein contained shall operate as a waiver of the first party's rights hereunder in respect of any continuing or subsequent default, breach, non-observance or non-performance or so as to defeat or affect in any way the rights of the first party's herein in respect of any such continuing or subsequent default or breach, and no waiver by the first party shall be inferred from or implied by anything done or admitted by the first party unless expressed in writing and signed by the first party. (e) This Lease and the obligations of the Tenant to pay rent and licence fee and other sums due hereunder and perform the Tenant's obligations hereunder shall in no way be affected, impaired or excused because the Landlord is unable due to circumstances beyond his control to fulfill any of his obligations under this Lease, or to supply, or is delayed in supplying, any service expressly or impliedly to be supplied, or is unable to make or is delayed in making any repair, additions, alterations or decoration, or is unable to supply or is delayed in supplying any equipment or fixtures, if the Landlord is prevented or delayed from so doing by reason of strike, labour troubles, or shortage of materials or any outside cause whatsoever or by reason of any order or regulation of any department of the Hong Kong Government (save and except those arising from the negligence, misconduct or default of the Landlord, Management Company, or their respective servants, employees, contractors, or agents). (f) For the purposes of these presents any act default or omission of the agents servants visitors staffs and customers of the Tenant shall be deemed to be the act default or omission of the Tenant. (g) The expression "the Tenant" shall (where the context otherwise requires: —permits) mean and include the party or parties specifically named but shall not include the executors and administrators of any such party or where such party is a corporation any liquidator thereof.

PROVIDED ALWAYS AND IT. IS HEREBY EXPRESSLY MUTUALLY AGREED AND DECLARED by and between the Lessor the Minister for Lands and Surveys and the Lessee as follows: —: (1a) THAT it That if and whenever any part of the rent hereby reserved or any other payments payable by the Tenant hereunder shall be lawful at all times in arrear for fifteen days (whether the Lessor — (i) to grant to the Lessor in right of the State of Western Australia same shall have been formally demanded or of the Commonwealth of Australia easements (including easements without dominant tenementsnot) 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 if and whenever there 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 a breach 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 agreements by the Tenant hereinbefore contained herein and on or if the part Tenant (being an individual or sole proprietor or partnership) shall commit an act of bankruptcy or shall have its Business Registration cancelled or (being a corporation) shall go into liquidation (either voluntary or otherwise) or shall have any order made or resolution passed for winding up other than a resolution for the Lessee purpose of amalgamation or reconstruction or if the Tenant shall enter into any composition or arrangements with his creditors or shall suffer execution to be performed observed levied upon any of his goods or complied with and subject to subclause (6) of Clause 5 and to subclause (1) of Clause 24 of effects the Agreement) to re‑enter into and Landlord shall upon the demised happening of any such event be entitled to re-enter upon the said premises or any part thereof in the name of the whole and thereupon this Agreement shall absolutely determine but without prejudice to any rights which may have accrued to the same Landlord by reason of any antecedent breach of any of the obligations on the part of the Tenant hereinbefore contained AND the deposit paid hereunder shall be forfeited to the Landlord as and for liquidated damages and not as penalty 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 a written notice served by the Landlord on the Tenant or left at the said premises to the effect that the Landlord thereby exercises the power of re-entry shall be a full and enjoy sufficient exercise of such power without actual entry on the part of the Landlord. Notwithstanding the foregoing, the Landlord may in any such event at its option elect not to terminate this Agreement but to deduct from the deposit the amount of any monetary loss incurred by the Landlord in consequence of the breach, non-observance or non- performance by the Tenant in which event the Tenant shall, as if this lease had never been executed and a condition precedent to the house or houses sheds and other buildings used in connection continuation of the tenancy, deposit with the demised Landlord the amount so deducted and, if the Tenant shall fail so to do, the Landlord shall forthwith be entitled to re-enter on the said premises and to determine this Agreement in which event the deposit may be forfeited to the Landlord as hereinbefore provided. Notwithstanding anything herein contained, the Landlord shall have the right to charge by way of additional rent interest at the rate of 1.5% per month in respect of any payments to be made by the Tenant to the Landlord under this Agreement which shall be more than Fifteen days in arrears (whether legally or formally demanded or not) and such interest shall be payable by the Tenant to the Landlord on demand calculated from the date upon which such payments in arrears fell due (and not fifteen days thereafter) until the date of payment. The Landlord shall further be entitled to recover from the Tenant as a debt all plant expenses including fees paid to debt collectors appointed by the Landlord and equipment necessary all solicitors' and/or counsel's fees and court fees incurred by the Landlord for the effective operation purpose of recovering the rental in arrears and/or other moneys unpaid or any part thereof from the Tenant on a full indemnity basis together with such sum or sums as shall be determined by the Landlord as being collection charges for the additional work incurred by the Landlord and its staff and/or the manager 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 said building (including surrenders) as the Minister case may reasonably require to give effect to this provision AND be) in recovering the Lessee hereby irrevocably constitutes and appoints the Minister said areas and/or unpaid sums 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)any part thereof. (4b) ANY dispute In the event of the said premises or difference any part thereof at any time during the said term being damaged or destroyed by fire or by any other cause (not attributable to the act or default of the Tenant) so as to questions of fact between the parties arising out of be unfit for occupation and use or in connection with this lease become subject to a closure order or any agreed amendment or variation thereof or agreed addition or as become totally inaccessible to the rights duties Tenant then the rent hereby reserved or liabilities a fair proportion thereof according to the nature and extent of either party the damage sustained shall be suspended until the said premises shall again be rendered fit for occupation and use or any other person hereunder or as to any matter until the said premises cease to be agreed upon between the parties hereto under this lease shall in default of agreement between the parties subject to a closure order or cease to be totally inaccessible 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 dispute concerning this clause shall not apply be determined by arbitration in any case where either expressly or impliedly accordance with the Lessor Arbitration Ordinance Cap.341 of the Minister Laws of Hong Kong or any statutory enactment in that behalf for Lands and Surveys the time being in force Provided Always that the Landlord shall not be required to reinstate the said premises if by reason of their condition or any local regulations or other circumstances beyond the Minister control of the Landlord it is given a discretionary power hereunderin the opinion of the Landlord not economical or practicable or reasonable so to do. (5c) THAT Acceptance of rent by the Landlord shall not be deemed to operate as a waiver by the Landlord of any notice consent request right to proceed against the Tenant in respect of any breach non-observance or other writing authorised or required non-performance by this lease the Tenant of any of the agreements stipulations and conditions herein contained and on the Tenant's part to be given observed and performed. (d) For the purpose of these presents any act default or sent omission of the agents servants visitors customers and workmen of the Tenant shall be deemed to have been duly given be the act default or omission of the Tenant. (e) To the extent that the Tenant can lawfully do so the Tenant hereby expressly declares that at the expiration or sooner determination of this Agreement the Tenant will not invoke or seek to avail himself of any protection which may or shall hereafter be afforded by any ordinance or regulation of Hong Kong protecting tenants or lessees from eviction but will promptly and punctually quit and deliver up possession of the party giving said premises at the same if given expiration of this Agreement or sooner determination as aforesaid. (f) The Tenant shall n the signing of this Agreement pay to the Landlord the sums set out in Part II of the Schedule hereto by way of deposit for the due performance and observance of the agreements on the part of the Tenant herein contained. At the expiration or sooner determination of this Agreement subject to prior forfeiture in accordance with Clause 4(a) hereof if the provisions Tenant shall have paid all rent due hereunder and if there shall be no breach of any of the agreements on the Tenant's part to be observed and performed the Landlord will repay to the Tenant the said deposit paid by the Tenant to the Landlord as a deposit on the signing of this Agreement but without any interest thereon within 30 days after delivery of vacant possession of the said premises to the Landlord and after full settlement of all outstanding payments in respect of the said premises payable by the Tenant. (g) The Tenant hereby expressly declares that regard in he has paid no premium construction fee, key money or other sum of money of a similar nature to the Landlord or other person or persons authorized by him for the possession of the said premises or for the granting of this Agreement. (6h) IN this lease, unless The Landlord shall not be under any liability to the Tenant or to any other person whomsoever in respect of any loss or damage to person or property sustained by the Tenant or any such other person caused by or through or in any way owing to any typhoon overflow of water or escape of fumes smoke fire or any other substance or thing originating from anywhere within the said Building. The Tenant shall fully and effectually indemnify the Landlord from and against all claims and demands made against the Landlord by any person in respect of any loss damage or injury caused by or through or in any way owing to the overflow of water or the escape of fumes smoke fire or any other substance or thing originating from the said premises or to the negligence or default of the Tenant his servants agents or licensees or to the defective or damaged condition of the interior of the said premises or any fixtures or fittings for the repair of which the Tenant is responsible hereunder and against all costs and expenses incurred by the Landlord in respect of any such claim or demand. (i) The Landlord or his agents accepts no responsibility for any accident or damage which may be caused to the Tenant or any occupier of the said premises or their or his or her servants or customers arising from any defect in or operation of any lift in the said Building. (j) For the purpose of Part III of the Landlord and Tenant (Consolidation) Ordinance Chapter 7 and of these presents the rent payable in respect of the said premises shall be and be deemed to be in arrear if not paid in advance at the times and in manner hereinbefore provided for payment thereof. All costs of and incidental to the demand for rent distraint or any legal action for the recovery of rent and any other sums due hereunder shall be recoverable from the Tenant as a debt. (k) During the two months immediately preceding the expiration of the term hereby created the Landlord shall be at liberty to affix and maintain without interference upon any external part of the said premises a notice for re-letting the said premises and the Tenant shall permit persons authorized by the Landlord or its agents at reasonable time of the day to view the said premises or any part thereof. (l) The expression "the Tenant" shall (where the context otherwise requires: —permits) mean and include the party or parties specifically named and shall not include the executors and administrators of any such party or where such party is a corporation any liquidator 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 is hereby further agreed as follows: —: (1) THAT it If and whenever during the Term the said rents hereby reserved or any of them or any part thereof shall be lawful at all times in arrear and unpaid for twenty one days next after becoming payable (whether formally demanded or not) or if and whenever there shall be any breach or non-performance or non-observance of any of the covenants on the part of the Tenant herein contained or if the Tenant (being an individual) shall become bankrupt or if the Tenant (being a company) shall enter into liquidation whether compulsory or voluntary (save for the Lessor — (ipurpose of amalgamation or reconstruction of a solvent company) to grant to or if a receiver shall be appointed of its undertaking or if the Lessor in right Tenant for the time being shall enter into any arrangement or composition for the benefit of the State of Western Australia Tenant's creditors or shall suffer any distress or execution to be levied on the Tenant's goods then and on any 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 said cases it shall be lawful for the Lessor (without prejudice to Landlord at any right of action time thereafter and notwithstanding the waiver of any one or more parties having previous 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 re-entry 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 enter into and upon the demised premises or any part thereof in the name of the whole and thereupon the said Term shall absolutely cease and determine but without prejudice to any rights or remedies which may have accrued to either party against the other in respect of any antecedent breach of any of the covenants herein contained (2) In case the demised premises or any part thereof shall at any time during the said Term be so damaged or destroyed by the insured risks or other risks against which the Landlord shall have insured as to be unfit for occupation and use then (unless the insurance moneys shall be wholly or partially irrecoverable by reason solely or in part of any act or default of the Tenant)the rents hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the demised premises shall be rendered fit for occupation and use or until three years after such damage or destruction whichever is the shorter and any dispute with reference to this proviso shall be referred to arbitration in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof for the time being in force (3) The demand for and/or acceptance of rent by the Landlord or its agents shall not constitute a waiver of any of the covenants on the part of the Tenant herein contained or of the Landlord's remedies for the non-performance or non-observance thereof (4) Nothing herein contained or implied shall be taken to be a warranty or representation as to the purpose for which the demised premises may be lawfully used (5) For the purpose of the service of all notices hereby or by statute authorised to be so served the provisions contained in Section 196 of the Law of Property Xxx 0000 as amended by the Recorded Delivery Xxx 0000 shall be deemed to be incorporated herein (6) Subject to the provisions of sub-section (2) of Section 38 of the Landlord and Xxxxxx Xxx 0000 neither the Tenant nor any assignee or underlessee of the demised premises shall be entitled on quitting the demised premises to any compensation under Section 37 of the same Act or under any corresponding provision in any Act amending the or replacing the same (7) No receipt of rent or other payment paid by direct debit standing order or otherwise inadvertently accepted by the Landlord or its personnel after notice or knowledge of any breach of any of the Tenant's Covenants shall operate as a waiver wholly or partially of any such breach (8) Any walls dividing the demised premises from any adjoining building or premises shall be deemed to have again repossess be party walls and enjoy shall be repaired and maintained accordingly (9) Any dispute arising between the Tenant and any owner or occupier of any neighbouring or adjacent land or premises as if this lease had never been executed and the house to any easement right or houses sheds and other buildings used privilege or any quasi-easement right or privilege in connection with the demised premises and all plant and equipment necessary or any adjoining or neighbouring land or premises or as to any party or other walls shall be determined by the Landlord or its surveyors or architect for the effective operation of time being to whose decision the irrigation system on the demised premises Tenant 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 submit (10) This Lease is a new tenancy for the true and lawful attorney purposes of Section 1 of the Lessee to execute those documents Landlord and things Tenant (including surrenders).Covenants) Xxx 0000 (411) ANY dispute or difference as It is hereby certified that there is no agreement to questions of fact between the parties arising out of or in connection with which 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. (6) IN this lease, unless the context otherwise requires: —Lease gives effect

PROVIDED ALWAYS AND IT. IS HEREBY EXPRESSLY AGREED AND DECLARED by and between the Lessor the Minister for Lands and Surveys and the Lessee is hereby further agreed as follows: —: (1) THAT it If and whenever during the Term the said rents hereby reserved or any of them or any part thereof shall be lawful at all times in arrear and unpaid for twenty one days next after becoming payable (whether formally demanded or not) or if and whenever there shall be any breach or non-performance or non-observance of any of the covenants on the part of the Tenant herein contained or if the Tenant (being an individual) shall become bankrupt or if the Tenant (being a company) shall enter into liquidation whether compulsory or voluntary (save for the Lessor — (ipurpose of amalgamation or reconstruction of a solvent company) to grant to or if a receiver shall be appointed of its undertaking or if the Lessor in right Tenant for the time being shall enter into any arrangement or composition for the benefit of the State of Western Australia Tenant's creditors or shall suffer any distress or execution to be levied on the Tenant's goods then and on any 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 said cases it shall be lawful for the Lessor (without prejudice to Landlord at any right of action time thereafter and notwithstanding the waiver of any one or more parties having previous 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 re-entry 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 enter into and upon the demised premises or any part thereof in the name of the whole and thereupon the said Term shall absolutely cease and determine but without prejudice to any rights or remedies which may have accrued to either party against the other in respect of any antecedent breach of any of the covenants herein contained (2) In case the demised premises or any part thereof shall at any time during the said Term be so damaged or destroyed by the insured risks or other risks against which the Landlord shall have insured as to be unfit for occupation and use then (unless the insurance moneys shall be wholly or partially irrecoverable by reason solely or in part of any act or default of the Tenant)the rents hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the demised premises shall be rendered fit for occupation and use or until three years after such damage or destruction whichever is the shorter and any dispute with reference to this proviso shall be referred to arbitration in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof for the time being in force (3) The demand for and/or acceptance of rent by the Landlord or its agents shall not constitute a waiver of any of the covenants on the part of the Tenant herein contained or of the Landlord's remedies for the non-performance or non-observance thereof (4) Nothing herein contained or implied shall be taken to be a warranty or representation as to the purpose for which the demised premises may be lawfully used (5) For the purpose of the service of all notices hereby or by statute authorised to be so served the provisions contained in Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Act 1962 shall be deemed to be incorporated herein (6) Subject to the provisions of sub-section (2) of Section 38 of the Landlord and Tenant Act 1954 neither the Tenant nor any assignee or underlessee of the demised premises shall be entitled on quitting the demised premises to any compensation under Section 37 of the same Act or under any corresponding provision in any Act amending the or replacing the same (7) No receipt of rent or other payment paid by direct debit standing order or otherwise inadvertently accepted by the Landlord or its personnel after notice or knowledge of any breach of any of the Tenant's Covenants shall operate as a waiver wholly or partially of any such breach (8) Any walls dividing the demised premises from any adjoining building or premises shall be deemed to have again repossess be party walls and enjoy shall be repaired and maintained accordingly (9) Any dispute arising between the Tenant and any owner or occupier of any neighbouring or adjacent land or premises as if this lease had never been executed and the house to any easement right or houses sheds and other buildings used privilege or any quasi-easement right or privilege in connection with the demised premises and all plant and equipment necessary or any adjoining or neighbouring land or premises or as to any party or other walls shall be determined by the Landlord or its surveyors or architect for the effective operation of time being to whose decision the irrigation system on the demised premises Tenant 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 submit (10) This Lease is a new tenancy for the true and lawful attorney purposes of Section 1 of the Lessee to execute those documents Landlord and things Tenant (including surrenders).Covenants) Act 1995 (411) ANY dispute or difference as It is hereby certified that there is no agreement to questions of fact between the parties arising out of or in connection with which 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. (6) IN this lease, unless the context otherwise requires: —Lease gives effect

PROVIDED ALWAYS AND IT. IS HEREBY EXPRESSLY MUTUALLY AGREED AND DECLARED by and between the Lessor the Minister for Lands and Surveys and the Lessee Agreements as follows: — Default (1a)(i) THAT it That if and whenever any part of the rent hereby reserved or any other payments payable by the Tenant hereunder shall be lawful at all times in arrear (whether the same shall have been formally demanded or not) or if and whenever there shall be a breach of any of the agreements by the Tenant hereinbefore contained or if the Tenant (being an individual or sole proprietor or partnership) shall commit an act of bankruptcy or shall have its business registration cancelled or (being a corporation) shall go into liquidation (either voluntary or otherwise) or shall have any order made or resolution passed for winding up or if the Lessor — (i) Tenant shall enter into any composition or arrangements with his creditors or shall suffer execution to grant to be levied upon any of Landlord's his Landlord's goods or effects in the Lessor in said premises right of the State Landlord shall right 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 re-entry happening 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 such event be entitled 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 re-enter upon the demised said premises or any part thereof in the name of the whole and thereupon this Agreement shall absolutely. determine but without prejudice to any rights which may have accrued to 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 Landlord by reason of any antecedent breach of any of the irrigation system obligations on the demised premises shall then remain or become the absolute property part 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 Tenant hereinbefore contained AND the Lessee hereby irrevocably constitutes deposit paid hereunder shall be forfeited to the Landlord as and appoints for liquidated damages and not as penalty but without prejudice to the Minister Landlord's right to claim any further damages which the Landlord shall have sustained or may sustain AND a written notice served by the Landlord on the Tenant or left at the said premises to the effect that the Landlord thereby exercises the power of re-entry shall be a full and sufficient exercise of such person as he may from time to time nominate power without actual entry on the true and lawful attorney part of the Lessee to execute those documents and things (including surrenders)Landlord. (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. (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 as follows: —follows:- (1a) THAT it If the rent hereby reserved is in arrears (whether legally demanded in writing or not) for seven (7) days next after the day on which the same ought to have been paid or in the case of the breach or non-observance or non-performance of any of the terms herein contained on the part of the Tenant to be kept, done or performed, and/or the Tenant shall be lawful at all times petitioned for winding up (whether voluntarily or otherwise) or a receiver is appointed or enter into composition or arrangement with its creditors and/or the Lessor — (i) to grant to the Lessor in right assets of the State of Western Australia or of Tenant on 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 Demised Premises become 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 seizure by any third party for Lands and Surveys as the case may be. (3) THAT upon the determination satisfaction of this lease which may be determined by effluxion of time or pursuant to the Agreement or by surrender debt, it shall be lawful for the Lessor (Landlord at any time thereafter to retake possession of the Demised Premises and this Tenancy shall absolutely determine and the Security Deposit shall be forfeited in favour of the Landlord but without prejudice to any the right of action of any one or more parties having rights hereunder the Landlord in respect of any breach non‑performance or non‑observance of or non‑compliance with any by the Tenant of the covenants terms and 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)contained. (4b) 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 Any notice consent request or other writing authorised or required by this lease to be given to or sent to be served on the Landlord or the Tenant shall be in writing and shall be deemed to have been duly given be sufficiently served on the Landlord or the Tenant if sent by registered post to the Landlord or the Tenant at the abovementioned address. (c) It is hereby mutually agreed by both parties that the Landlord shall be responsible for the application of electricity supply, meter and payment of deposit with Sarawak Energy Berhad whereas the Tenant shall be responsible for the application of water supply, meter and payment of deposit with Kuching Water Board. (d) This Tenancy Agreement shall be binding on and enure for the benefit of the successors, permitted assigns and representatives of the Landlord and the Tenant. (e) Acceptance of rent by the Landlord shall not be deemed to operate as a waiver by the Landlord of any right to proceed against the Tenant in respect of a breach of any of the terms or obligations herein contained. (f) The parties hereto agree that the Tenant and any person/party giving claiming under or through the same if given in accordance with Tenant shall not and is not entitled to lodge any caveat over the provisions in that regard in Property and/or the Demised Premises under or by virtue of or pursuant to this Tenancy Agreement. (6g) IN All legal fees, stamp duties and other disbursements in relation to the negotiation, preparation, execution and perfection (where applicable) of this lease, unless Tenancy Agreement shall be borne by the context otherwise requires: —parties hereto in equal share of one-half (1/2) each.

PROVIDED ALWAYS AND IT. IS HEREBY EXPRESSLY AGREED BETWEEN THE MANAGEMENT AND DECLARED by and between the Lessor the Minister for Lands and Surveys and the Lessee THE TENANT(S) as follows: —follows:- (1a) THAT the Management shall not be under any liability whatsoever or be responsible to the Tenant(s) or the Tenant(s) licensees servants agent or other persons in the Demised Premises or the Room or calling upon the Tenant(s) for any accident, happening, injury or loss of life suffered or damaged to or loss of any chattel or property sustained on the Demised premises or the Room; (b) if the rent hereby reserved or any part thereof shall be unpaid for fourteen (14) days after the same has become payable (whether formally demanded or not) or if any covenants on the Tenant(s)’ part herein contained shall not be performed or observed then in every such case, the Management shall serve a forfeiture notice upon the Tenant(s) specifying the particular breach complained of which is inclusive of breaches relating to non-payments of rent, requiring him/her/their to make compensation in money for the breach and if the Tenant(s) fails to remedy the breach and to make compensation within fourteen (14) days, then it shall be lawful at all times for the Lessor — (i) Management at any time thereafter 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 re-enter 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 Demised Premises or any part thereof in the name of the whole and thereupon this Tenancy shall absolutely determine but without prejudice to the right of action of the Management in respect of any breach of the Tenant(s)’ covenants herein contained; (c) unless otherwise agreed to by the parties hereto in writing upon the expiry of this Tenancy the Tenant(s) shall vacate the Demised Premises and deliver up 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 Management. In the demised premises and all plant and equipment necessary for the effective operation event of the irrigation system failure on the demised premises shall then remain or become the absolute property part of the Lessor without compensation Tenant(s) to do so, the Tenant(s) shall indemnify the Management for all costs and freed expenses and discharged from all mortgages compensate payment incurred for such legal proceedings taken to evict the occupants remaining in the Room or the Demised Premises and encumbrances and in such case shall touching or concerning this agreement or its construction or effect or 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 rights, duties or liabilities of either party the parties under or by virtue of it or otherwise or any other person hereunder matter in any way connected compensate the Management for the loss of rent suffered by the Management as a result thereof; (d) the Tenant(s) shall be fully responsible for any damage caused to the Management 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 person whomsoever directly or indirectly through any defective or damaged condition of any provision in this lease part of the Demised Premises or the Agreement to Room and the contrary be referred to Tenant(s) shall make good the same by payment or otherwise and settled by arbitration under shall fully indemnify the provisions of Management against all claims, demands, actions and legal proceedings whatsoever made upon 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 Management or the Minister is given a discretionary power hereunderowner by any person in respect thereof. (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. (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 as follows: —follows:- (1) THAT it shall Any notices demands consents statements and approvals under this Lease must be lawful at in writing and all times for such notices demands consents statements and approvals may be effectively served in accordance with the Lessor — (i) to grant to the Lessor in right provisions of the State of Western Australia or of the Commonwealth of Australia easements (including easements without dominant tenements) or rights over the demised premises Contract 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 AgreementServices. (2) THAT subject Having been authorised to do so by an Order of the Leeds County Court made on the day of 2003 under the provisions of Section 38(4) of the Landlord and Tenant Act 1954 the parties hereto agree that the provisions of Sections 24 to 28 of that Act shall be excluded in relation 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.tenancy hereby created (3) THAT upon The Tenant is not entitled to claim from the determination of this lease which may be determined by effluxion of time or pursuant Landlord any compensation on quitting the Demised Premises under the Landlord and Tenant Act 1927 and the Landlord and Tenant Act 1954 to the Agreement or by surrender it extent that statute permits such exclusion. Provided That this clause 7(3) shall be lawful not affect the provisions contained in the Contract for Services dealing with the Lessor (without prejudice payment of compensation 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 the Tenant for Works done under the provisions 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 Contract 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)Services. (4) ANY dispute This Lease shall determine (without prejudice to either party’s rights in respect of any antecedent breach by the other of its obligations herein contained) immediately without notice on the earlier of the Termination Date or difference the Expiry Date as to questions of fact between defined in the parties arising out of or in connection with this lease or any Contract for Services (5) It is hereby agreed amendment or variation thereof or agreed addition or as that save to the extent that such rights duties are expressly granted hereunder the Tenant or liabilities their successors in title shall not be entitled to any easement or right of either party light or air otherwise which would in any way restrict or interfere with the free use of any adjoining land or property belonging to the Councils for building or any other person hereunder or as purposes and the implication of any such right is hereby excluded (6) Sums due from the Tenant to any matter to be agreed upon between the parties hereto Council under this lease are recoverable in accordance with the Contract for Services. (7) The Council shall in default not be responsible for any loss or damage which may be done to or suffered by the Tenant or its employees agents visitors or invitees by reason of agreement between the parties and in state or condition of the absence Premises except where such loss or damage is caused by the acts or negligence of any provision in this lease the Council or the Agreement its employees agents visitors or invitees or to the contrary be referred extent that the Council is otherwise liable for the state or condition of the Premises pursuant 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 Contract for Lands and Surveys or the Minister is given a discretionary power hereunderServices. (5) THAT 8) Nothing in this Lease or in any notice consent request granted by the Council under it implies or other writing authorised or required warrants that the Demised Premises may be used for any use allowed by this lease to be given Lease either under the Planning Acts or sent shall be deemed to have been duly given by otherwise or that the party giving terms of the same if given in accordance with Planning Permission and/or Site Licence are appropriate for the provisions in that regard in use and/or occupation of the AgreementDemised Premises for the purposes permitted under the terms of this Lease. (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 as follows: —that ---------------------------------------------------- (1) THAT it If the said rents hereby reserved or any part thereof shall at any time be in arrear and unpaid for twenty-one days after the same shall have become due (whether any formal or legal demand therefor shall have been made or not) or if there shall be lawful at all times any breach of any of the covenants conditions or agreements herein contained and on the part of the Tenant to be performed and observed or if the Tenant or other person or persons in whom for the Lessor — time being the said term shall be vested (i) to grant to the Lessor in right of the State of Western Australia being an individual or of the Commonwealth of Australia easements (including easements without dominant tenementsindividuals) or rights over the demised premises for any public purpose of them shall become bankrupt or purpose approved by the Lessor; (ii) to require the Lessee to consent to the granting of such easements (including easements without dominant tenements) have a receiving order made against him her or rights in them or over the demised premises as may from time to time be reasonably necessary make any arrangement or composition with or for the overall development benefit of his her or use of their creditors or suffer any execution to be levied at the demised premises or if the Tenant or any assignee of the Tenant being a company shall enter into liquidation whether compulsory or voluntary (not being merely a voluntary liquidation for the overall development purpose of amalgamation or use of the surrounding lands; and (iiireconstruction) or suffer any execution to use or permit the use of the demised premises as is reasonably necessary for the overall development or use of be levied at the demised premises or for the overall development have a Receiver or use of the surrounding lands. PROVIDED ALWAYS that no Manager appointed then and in 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 Landlord or any right of action of any one person or more parties having rights hereunder persons duly authorised by the Landlord in respect of any breach non‑performance that behalf into 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 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 peaceably to hold and all plant enjoy thenceforth as if these presents had not been made without prejudice to any right of action or remedy of either party against the other in respect of any antecedent breach of any covenant or condition herein contained (2) Any notice required to be given or served under these presents and equipment necessary not otherwise provided for the effective operation shall be served or deemed to be served if served in accordance with Section 196 of the irrigation system Law of Property Act 1925 (as amended) Landlords development --------------------- (3) Subject to the terms of clause 4(3) hereof nothing herein contained or implied shall impose or be deemed to impose any restriction on the use of any land or building not comprised in these presents or to prevent or restrict in any way the development of any land not comprised in these presents and further that nothing herein contained shall by implication of law or otherwise operate or be deemed to confer upon the Tenant any easement right or privilege whatsoever (other than those herein expressly granted) over or against any adjoining or neighbouring property which now does or hereafter within the specified period shall belong to the Landlord which would or might restrict or prejudicially affect the future rebuilding alteration or development of such adjoining or neighbouring property and that the Landlord shall have the right at any time to make such alterations to or to pull down and rebuild or redevelop any such adjoining or neighbouring property as it may deem fit without obtaining any consent from the Tenant PROVIDED ALWAYS that no unreasonable interference or disturbance shall materially affect the Tenant from carrying on its trade and business and as soon as is reasonably practicable making good any damage thereby caused to the demised premises Suspension of rent ------------------ (4) In case the demised premises or any part thereof shall at any time be destroyed or so damaged by any of the insured risks as to be unfit for occupation or use then and in any such case (unless the insurance of the demised premises shall then have been vitiated by the act neglect default or omission of the Tenant) the rents hereby reserved or a fair and just proportion thereof according to the nature and extent of the damage sustained shall be suspended and cease to be payable from the data of such destruction or damage aforesaid until the demised premises shall again be fit for use and occupation and such proportion in case of disagreement shall be referred to a single arbitrator in accordance with and subject to the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof Acceptance of Rent ------------------ (5) Notwithstanding the acceptance of of demand for rent by the Landlord or its agent with knowledge of a breach of any of the covenants on the part of the Tenant herein contained the Landlords right to forfeit these presents on the ground of such breach shall remain in force And the Tenant shall not in any proceedings for forfeiture be entitled to rely upon any such acceptance or demand as aforesaid as a defence Statutory Compensation ---------------------- (6) Except where any statutory provision prohibits the Tenants right to compensation being reduced or excluded by agreement the Tenant shall not be entitled to claim from the Landlord on quitting the demised premises or any part thereof any compensation under the Landlord and Xxxxxx Xxx 0000 or any statute modifying or re-enacting the same Exclusion of any warranty of fitness ------------------------------------ (7) Neither the granting of this Lease nor any provision herein contained shall operate or be construed as warranting that the demised premises are suitable for the purpose or purposes of the Tenant and the use to which the Tenant proposes now or hereafter to put the demised premises or any use to which (whether subject to conditions or not) the Tenant may be at liberty or may be required under the provisions of these presents to put the demised premises is or may be or become legally permitted whether under the absolute property provisions of the Lessor Planning Acts or otherwise IN WITNESS whereof these presents have been entered into the day and ---------- year first above written THE FIRST SCHEDULE ------------------ "THE DEMISED PREMISES" ---------------------- ALL THOSE parts of the Estate shown for the purpose of identification only on --------- the plan annexed hereto and thereon edged red Together with the buildings erected thereon or on some part thereof and known as Xxxx 0 Xxxxxx Xxxxxxxxxx Xxxxxx Hedge End Southampton including but not exclusively doors windows window frames and glass the whole of any structural and non-structural walls and columns forming part of the demised premises one half in thickness of any structural and/or non-structural wall which forms a party wall or boundary of the demised premises with adjoining premises the screeding the foundations and the floor and the ceilings (if any) and the roof or roofs of the demised premises AND ALSO including all air water electricity gas and other service -------- pipes wires ducts and conduits which are within and serve only the demised premises THE SECOND SCHEDULE ------------------- Rights and Privileges --------------------- (a) the right at all time with or without compensation vehicles for the purpose only of access to and freed egress from the demised premises in over and discharged from all mortgages along those parts of the common parts shown coloured xxxxx and encumbrances and in such case yellow on the Lessee will do and execute such documents and things (including surrenders) plan annexed hereto 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 be varied at the true and lawful attorney discretion of the Lessee Landlord pursuant to execute those documents and things (including surrenders).clause 1(4)(e) of this Lease (4b) ANY dispute the right to use and the benefit of all easements and quasi easements and services subsisting at the date hereof or difference created within the specified period or maintained for the benefit of the demised premises in over under or against any adjoining or adjacent premises of the Landlord to the extent that the same are necessary for the reasonable enjoyment of the demised premises but excluding any rights of light and air which are and to the extent to which the same are specifically excepted and reserved herein (c) the right to use such part of the general car park or car parking area provided by the Landlord (if any), as may be determined by the Landlords surveyor (subject to contributions of service charge as hereinbefore contained) provided that such space so set aside will not be used otherwise than by the Tenant its servants invitees or agents for the sole purpose of parking motor vehicles in such manner as may be approved by 50 the Landlord's surveyor and that no nuisance shall be occasioned in the use thereof THE THIRD SCHEDULE ------------------ Exceptions and reservations --------------------------- (a) all rights of light air and easements (but without prejudice to those expressly hereinbefore granted to the Tenant) now or hereafter within the specified period belonging to or enjoyed by adjacent or neighbouring land or building from over or against the demised premises (b) the right to build or rebuild or alter any adjacent or neighbouring land or building of the Landlord (whether or not comprised within the Estate) in any manner whatsoever including where necessary to erect scaffolding or gantries and to let the same for any purpose or otherwise deal therewith notwithstanding that the light or air to the demised premises is in any such case thereby diminished or any other liberty easement right or advantage belonging to the Tenant is thereby diminished or prejudicially affected (c) the right of support and shelter and all other easements and rights now or hereafter belonging to or enjoyed by all adjacent or neighbouring land or buildings an interest wherein in possession or reversion is at any time during the said term vested in the Landlord (d) the free passage and running of air gas electricity water and soil telephone and other services through or along the pipes wires channels drains and watercourses already or hereafter within the specified period to be built or placed in through over or under the demised premises to and from all other parts of the Estate and the right to lay and connect up to the same (e) the right in cases of emergency only to use the emergency or escape routes now or hereafter enjoyed or required over or through the demised premises THE FOURTH SCHEDULE ------------------- Provision as to questions Service Charge ------------------------------ 1. The service charge contribution payable by the Tenant shall be calculated by reference to the proportion which the gross area (by external admeasurement) of fact between the parties arising buildings from time to time on the demised premises bear to the aggregate gross area (similarly measured) of the other buildings from time to time on the Estate and shall be a fair and reasonable proportion (to be certified by the Landlords Surveyor whose decision shall be final and binding save in the case of manifest error) of the costs and expenses in respect of the Landlords annual expenditure which shall be the aggregate of: (a) the actual cost to the Landlord of the provision by it of the services mentioned in the Fifth Schedule hereto during the relevant year (due allowance being made where any expenditure is met out of the reserve hereinafter mentioned) and (b) a sum being the annual depreciation over a fair and proper period (to be determined by the Landlord) of all the capital plant and equipment used in or for the provision of such services PROVIDED THAT the Landlord may in connection its discretion include in the Landlords annual ------------- expenditure in any year a sum by way of reasonable reserve against anticipated future expenditure on the said services 2. The Tenant shall pay to the Landlord on account of the annual service charge on each quarter day in advance such a sum as shall in the reasonable discretion of the Landlord be one equal fourth part of the anticipated annual service charge for the current year such sum to be calculated having regard to the actual service charge payable for the previous financial year 3. At the end of each year the Landlord shall as soon as practicable cause an account to be prepared by the Landlord's auditors of the Landlords annual expenditure for that year and send a copy thereof to the Tenant together with a statement showing the annual service charge payable by the Tenant and the amount paid on account by the Tenant in such year Any difference due from the Tenant shall be paid to the Landlord within twenty-one days of the receipt of such statement and any balance due to the Tenant shall be allowed against the next payment on account of service charge due from it 4. For the purposes of this lease Schedule "year" shall mean the period from First January to the next ensuing Thirty First December or such other commencement and expiration date as the Landlord may declare in writing and insofar as the annual service charge has to be calculated for any agreed amendment period other than a year or variation thereof or agreed addition or a payment on account for any period other than a quarter the same shall be calculated by apportionment on a daily basis 5. The Landlords certificate as to the rights duties amount of the Landlords annual expenditure in any year shall be final and conclusive as between the Landlord and the Tenant save in the case of manifest error and the Landlord shall make available to the Tenant all vouchers and receipts detailing the expenditure incurred by the Landlord 6. The Landlord will hold in trust for the benefit of all the tenants for the time being of the Landlord's Estate all monies held by way of reserve and the Landlord hereby covenants with the Tenant that upon the sale or liabilities other transfer of either party the reversion immediately expectant upon the term hereby created that it will cause the Purchaser or any other person hereunder or transferee to become trustee of such reserve on behalf of the tenants as to any matter aforesaid THE FIFTH SCHEDULE ------------------ The services to be agreed upon between provided by the parties hereto under this lease shall Landlord ------------------------------------------- (1) The maintenance amendment repair renewal replacement rebuilding cleansing decorating and otherwise the keeping in default good and substantial repair and condition and the lighting of: (a) the common parts and (b) the boundary walls fences and gates of agreement between the parties and in the absence curtilage of the Estate and any provision in this lease notice or other boards erected for the Agreement benefit of the occupiers of the Estate PROVIDED THAT the Landlord shall not be liable to the contrary be referred Tenant for any defects or ------------- want of repair unless the Landlord or its agents have had notice in writing thereof and otherwise subject to and settled by arbitration under the other provisions of the Arbitration Xxx 0000 provided that this clause shall not apply those presents (2) The operation amendment repair removal replacement rebuilding cleansing and maintenance in any case where either expressly or impliedly the Lessor good working order and repair of the Minister equipment apparatus and appliances (if any) in the common parts including (where applicable but without prejudice to the generality of the foregoing) the watercourses the soakways channels pipes drains sewers cables wires pumps meters ducts and other conducting media the water systems and tanks the reservoirs the sanitary appliances the electrical installation and lamps and light fittings on the Estate and the hose reels and other fire fighting appliances which the Landlord is required to provide by statute and all other things provided for Lands the benefit of the Estate and Surveys for which no lessee or occupier of the Minister Estate is given a discretionary power hereunder.exclusively liable (53) THAT any notice consent request or other writing authorised or required by this lease (a) grassing and tending and keeping tidy and planting with such flora trees and shrubs as the Landlord shall deem at its absolute discretion to be given appropriate or sent shall be deemed to have been duly given by such areas as 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: —Landlord may deem at its absolute discretion desirable

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: —follows :- (1a) THAT it tenancy shall be lawful at all times for absolutely determine but without prejudice to the Lessor —Landlord's right of action in respect of any antecedent breach of the Tenant's covenants herein contained. (ib) Except as otherwise provided herein the Tenant agrees to grant occupy use and keep the said premises at the risk of the Tenant and hereby releases to the Lessor full extent permitted by law the Landlord and its servants and agents from all claims summonses actions proceedings and demands which may be brought levied or made against it and from all liability which may arise in right respect of any person of whatsoever nature or kind in or near the said premises, in all cases arising out of the State Tenant's wrongful acts or breach 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 this Agreement. (2c) THAT subject to The Landlord will at the Agreement all rights in written request of the demised premises (other than those expressly Tenant made two calendar months before the expiration of the term herein created and if there shall not at the time of such request be any existing breach 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 non observance 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 Tenant to be performed observed or complied with and subject herein contained, at the expense of the Tenant, to subclause (6) grant to him a tenancy of Clause 5 and to subclause the said premises for a further term of one (1) of Clause 24 year from the expiration of the term herein created containing the like covenants and provisions as are herein contained (except this covenant for renewal) and at a rent to be mutually agreed (but which rental rate shall in no case exceed a 5% increase over the rental under this 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). (4d) 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 Any notice consent request or other writing authorised or required by this lease to be given or sent hereunder shall be in writing and shall be sufficiently served on the Tenant by sending the same by registered post addressed to the Tenant at the said premises and for the Landlord by sending the same by registered post addressed to the Landlord at its address stated herein and shall be deemed to have been duly given received by the party giving the same if given in accordance with the provisions in that regard addressee in the Agreementordinary course of post. (6e) IN The parties shall bear equally the Solicitor's fees with regard to this lease, unless Agreement but the context otherwise requires: —Stamp duty shall be borne by the Tenant. (g) Time wherever mentioned shall be the essence of this Agreement.

PROVIDED ALWAYS AND IT. IS HEREBY EXPRESSLY MUTUALLY AGREED AND DECLARED by and between the Lessor the Minister for Lands and Surveys and the Lessee as follows: —: (1) THAT it A. That if and whenever any part of the rent hereby reserved or any other payments payable by the Tenant hereunder shall be lawful at all times in arrear for fifteen days (whether the Lessor — (i) to grant to the Lessor in right of the State of Western Australia same shall have been formally demanded or of the Commonwealth of Australia easements (including easements without dominant tenementsnot) 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 if and whenever there 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 a breach 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 agreements by the Tenant hereinbefore contained herein and on or if the part Tenant (being an individual or sole proprietor or partnership) shall commit an act of bankruptcy or shall have its Business Registration cancelled or (being a corporation) shall go into liquidation (either voluntary or otherwise) or shall have any order made or resolution passed for winding up other than a resolution for the Lessee purpose of amalgamation or reconstruction or if the Tenant shall enter into any composition or arrangements with his creditors or shall suffer execution to be performed observed levied upon any of his goods or complied with and subject to subclause (6) of Clause 5 and to subclause (1) of Clause 24 of effects the Agreement) to re‑enter into and Landlord shall upon the demised happening of any such event be entitled to re-enter upon the said premises or any part thereof in the name of the whole and thereupon this Agreement shall absolutely determine but without prejudice to any rights which may have accrued to the same Landlord by reason of any antecedent breach of any of the obligations on the part of the Tenant hereinbefore contained AND the deposit paid hereunder shall be forfeited to the Landlord as and for liquidated damages and not as penalty 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 a written notice served by the Landlord on the Tenant or left at the said premises to the effect that the Landlord thereby exercises the power of re-entry shall be a full and enjoy sufficient exercise of such power without actual entry on the part of the Landlord. Notwithstanding the foregoing, the Landlord may in any such event at its option elect not to terminate this Agreement but to deduct from the deposit the amount of any monetary loss incurred by the Landlord in consequence of the breach, non-observance or non- performance by the Tenant in which event the Tenant shall, as if this lease had never been executed and a condition precedent to the house or houses sheds and other buildings used in connection continuation of the tenancy, deposit with the demised Landlord the amount so deducted and, if the Tenant shall fail so to do, the Landlord shall forthwith be entitled to re-enter on the said premises and to determine this Agreement in which event the deposit may be forfeited to the Landlord as hereinbefore provided. Notwithstanding anything herein contained, the Landlord shall have the right to charge by way of additional rent interest at the rate of 1.5% per month in respect of any payments to be made by the Tenant to the Landlord under this Agreement which shall be more than Fifteen days in arrears (whether legally or formally demanded or not) and such interest shall be payable by the Tenant to the Landlord on demand calculated from the date upon which such payments in arrears fell due (and not fifteen days thereafter) until the date of payment. The Landlord shall further be entitled to recover from the Tenant as a debt all plant expenses including fees paid to debt collectors appointed by the Landlord and equipment necessary all solicitors' and/or counsel's fees and court fees incurred by the Landlord for the effective operation purpose of recovering the rental in arrears and/or other moneys unpaid or any part thereof from the Tenant on a full indemnity basis together with such sum or sums as shall be determined by the Landlord as being collection charges for the additional work incurred by the Landlord and its staff and/or the manager of the irrigation system on said building (as the demised case may be) in recovering the said areas and/or unpaid sums or any part thereof. B. In the event of the said premises or any part thereof at any time during the said term being damaged or destroyed by fire or by any other cause (not attributable to the act or default of the Tenant) so as to be unfit for occupation and use or become subject to a closure order or become totally inaccessible to the Tenant then the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the said premises shall then remain again be rendered fit for occupation and use or become until 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 said premises cease to be agreed upon between the parties hereto under this lease shall in default of agreement between the parties subject to a closure order or cease to be totally inaccessible 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 dispute concerning this clause shall not apply be determined by arbitration in any case where either expressly or impliedly accordance with the Lessor Arbitration Ordinance Cap.341 of the Minister Laws of Hong Kong or any statutory enactment in that behalf for Lands and Surveys the time being in force Provided Always that the Landlord shall not be required to reinstate the said premises if by reason of their condition or any local regulations or other circumstances beyond the Minister control of the Landlord it is given a discretionary power hereunderin the opinion of the Landlord not economical or practicable or reasonable so to do. (5) THAT C. Acceptance of rent by the Landlord shall not be deemed to operate as a waiver by the Landlord of any notice consent request right to proceed against the Tenant in respect of any breach non-observance or other writing authorised or required non-performance by this lease the Tenant of any of the agreements stipulations and conditions herein contained and on the Tenant's part to be given observed and performed. D. For the purpose of these presents any act default or sent omission of the agents servants visitors customers and workmen of the Tenant shall be deemed to have been duly given be the act default or omission of the Tenant. E. To the extent that the Tenant can lawfully do so the Tenant hereby expressly declares that at the expiration or sooner determination of this Agreement the Tenant will not invoke or seek to avail himself of any protection which may or shall hereafter be afforded by any ordinance or regulation of Hong Kong protecting tenants or lessees from eviction but will promptly and punctually quit and deliver up possession of the party giving said premises at the same if given expiration of this Agreement or sooner determination as aforesaid. F. The Tenant shall on the signing of this Agreement pay to the Landlord the sums set out in Part II of the Schedule hereto by way of deposit for the due performance and observance of the agreements on the part of the Tenant herein contained. At the expiration or sooner determination of this Agreement subject to prior forfeiture in accordance with Clause 4(a) hereof if the provisions Tenant shall have paid all rent due hereunder and if there shall be no breach of any of the agreements on the Tenant's part to be observed and performed the Landlord will repay to the Tenant the said deposit paid by the Tenant to the Landlord as a deposit on the signing of this Agreement but without any interest thereon within 30 days after delivery of vacant possession of the said premises to the Landlord and after full settlement of all outstanding payments in respect of the said premises payable by the Tenant. G. The Tenant hereby expressly declares that regard in he has paid no premium construction fee, key money or other sum of money of a similar nature to the Landlord or other person or persons authorized by him for the possession of the said premises or for the granting of this Agreement. H. The Landlord shall not be under any liability to the Tenant or to any other person whomsoever in respect of any loss or damage to person or property sustained by the Tenant or any such other person caused by or through or in any way owing to any typhoon overflow of water or escape of fumes smoke fire or any other substance or thing originating from anywhere within the said Building. The Tenant shall fully and effectually indemnify the Landlord from and against all claims and demands made against the Landlord by any person in respect of any loss damage or injury caused by or through or in any way owing to the overflow of water or the escape of fumes smoke fire or any other substance or thing originating from the said premises or to the negligence or default of the Tenant his servants agents or licensees or to the defective or damaged condition of the interior of the said premises or any fixtures or fittings for the repair of which the Tenant is responsible hereunder and against all costs and expenses incurred by the Landlord in respect of any such claim or demand. I. The Landlord or his agents accepts no responsibility for any accident or damage which may be caused to the Tenant or any occupier of the said premises or their or his or her servants or customers arising from any defect in or operation of any lift in the said Building. J. For the purpose of Part III of the Landlord and Tenant (6Consolidation) IN this lease, unless Ordinance Chapter 7 and of these presents the rent payable in respect of the said premises shall be and be deemed to be in arrear if not paid in advance at the times and in manner hereinbefore provided for payment thereof. All costs of and incidental to the demand for rent distraint or any legal action for the recovery of rent and any other sums due hereunder shall be recoverable from the Tenant as a debt. K. During the two months immediately preceding the expiration of the term hereby created the Landlord shall be at liberty to affix and maintain without interference upon any external part of the said premises a notice for re-letting the said premises and the Tenant shall permit persons authorized by the Landlord or its agents at reasonable time of the day to view the said premises or any part thereof. L. The expression "the Tenant" shall (where the context otherwise requires: —permits) mean and include the party or parties specifically named and shall not include the executors and administrators of any such party or where such party is a corporation any liquidator 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: —follows:- (1a) THAT it If the rent hereby reserved or any part thereof shall at any time be unpaid for fourteen (14) days after the same shall have become due (whether formally demanded for or not) or any covenant on the Co-Tenants' part herein contained shall not be performed or observed or if the Co-Tenants 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 creditors by composition or otherwise or suffered any distress or attachment or execution to be levied against his goods or if the Co-Tenants for the time being shall be lawful at all times a company and shall go into liquidation whether compulsory or otherwise except for the Lessor — (i) to grant to the Lessor purpose of reconstruction or amalgamation then and 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 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 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 re-enter upon the demised premises Demised Premises or any part thereof in the name of the whole and thereupon the same tenancy shall absolutely determine but without prejudice 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 right of action of the irrigation system Landlord in respect or any antecedent breach of the conditions on the demised premises shall then remain or become the absolute property part 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)Co-Tenants herein contained. (4b) ANY dispute The Landlord shall at the written request of the Co-Tenants made not less than three (3) months before expiration of the term hereby created and if there shall not at the time of such request by any existing breach or difference as to questions non-observance of fact between any of the parties arising out covenants for the part of or in connection with this lease or any agreed amendment or variation thereof or agreed addition or as the Co-Tenants herein contained to the rights duties or liabilities performed at the Co-Tenants' expense grant to the Co-Tenants a Tenancy of either party or any other person hereunder or as the Demised Premises for a further term and subject to any matter to be agreed upon between the parties hereto under this lease shall in default of agreement between the parties and conditions stipulated in the absence Schedule J. (c) If the Co-Tenants shall unilaterally determine the tenancy before the expiry of any provision in this lease or the Agreement term hereby created the deposit shall be absolutely forfeited to the contrary be referred Landlord without prejudice to and settled by arbitration under the provisions Landlord's right of action against the Arbitration Xxx 0000 provided that Co-Tenants for damages for breach of 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. (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 as follows: —: (1) THAT it If the said yearly rent or the Service Charge or other contributions hereby reserved or any part thereof shall at any time be lawful in arrear and unpaid for fourteen days after the same shall have become due (whether any formal or legal demand therefor shall have been made or not) or if the Tenant shall at all times for the Lessor — (i) any time fail or neglect to grant to the Lessor in right perform or observe any of the State of Western Australia covenants conditions or of agreements herein contained and on its part to be performed and observed or if 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 Tenant while the demised premises or any part thereof shall remain vested in it shall enter into liquidation whether compulsory or voluntary (not being a voluntary liquidation for the overall development purpose of amalgamation or use of the surrounding lands; and (iiireconstruction) to use or permit the use of the demised premises as is reasonably necessary for the overall development or use of any execution to be levied on the demised premises or for the overall development (being an individual) shall become bankrupt or use of the surrounding lands. PROVIDED ALWAYS that no compound with his creditors then and in any 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 Landlord or any right of action of any one person or more parties having rights hereunder in respect of any breach non‑performance persons duly authorised by it into 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 to re-enter and the same demised premises peaceably to have again repossess hold and enjoy thenceforth as if this lease Lease had never not been executed and made without prejudice to any right of action or remedy of the house or houses sheds and other buildings used Landlord in connection with respect of any antecedent breach of any of the covenants by the Tenant hereinbefore contained; (2) In the event of the demised premises and all plant and equipment necessary for the effective operation being damaged or destroyed by any of the irrigation system on risks from time to time insured against by the Landlord so as to be unfit for occupation and use then (unless the insurance monies shall be irrecoverable in whole or in part by reason solely or in part of any act neglect default or omission of the Tenant) the rent hereby reserved and the Service Charge or fair proportions of both according to the nature and extent of the damage sustained shall be suspended until the demised premises shall then remain or become again be rendered fit for occupation and use and in the absolute property event of any dispute concerning the provisions of this sub-clause the same shall be determined by a single arbitrator in accordance with the provisions of the Lessor without compensation Arbitration Acts 1954 and freed 1980 or any statutory modification or re-enactment thereof for the time being in force; (3) Any Notice under this Lease shall be in writing. Any Notice to the Tenant shall be sufficiently served if signed by the Landlord or its Agent for the time being and discharged from all mortgages and encumbrances and in such case handed to the Lessee will do and execute such documents and things (including surrenders) as Tenant or left at or affixed to the Minister may reasonably require demised premises or any part thereof or sent by Registered or Recorded Post 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 registered office of the Lessee Tenant in Great Britain or Northern Ireland or Republic of Ireland. Any Notice by the Tenant to execute those documents and things the Landlord shall be sufficiently served if handed to the Landlord or its Agent for the time being or sent by Registered or Recorded Post to the Landlord at its registered office or its Agent (including surrenders)at its principal place of business) for the time being. A Notice sent by post shall be deemed to have been given forty-eight hours after the time of posting to the address to which it-was sent. (4) ANY Except in relation to Clause 3 hereof or where the provisions of this Lease provide for a determination by the Landlord or its architects auditors accountants agents or surveyors to be final and conclusive as against the Tenant or where the same relate to forfeiture of this lease or relief from forfeiture or matters related thereto all cases of 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 touching upon the rights duties or liabilities of either party or any other person hereunder or as the parties under this Lease shall be referred to any matter the determination of a single arbitrator to be agreed upon between by the parties hereto under this lease or failing agreement to a person notarized by the President of the Incorporated Law Society of Ireland upon the application of either parry and the Arbitration shall be conducted in default of agreement between manner provided by the parties Arbitration Acts 1954 and 1980 or any statutory modification or reenactment thereof for the time being in the absence of any provision in this lease or the Agreement force. The reference to the contrary be referred to and settled by arbitration under President shall include the provisions duly appointed Deputy of the Arbitration Xxx 0000 provided that this clause shall not apply in President or any case where either expressly or impliedly person authorised by the Lessor of the Minister for Lands and Surveys or the Minister is given a discretionary power hereunderPresident to make appointments on his behalf. (5) THAT any notice consent request or other writing authorised or required by this lease The Landlord shall have the right from time to time to amend and add to the Rules and Regulations set out in the Third Schedule hereto in such manner as the Landlord shall consider 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 Agreementbest interests of the Development. (6) IN this lease, unless the context otherwise requires: —

PROVIDED ALWAYS AND IT. IS HEREBY EXPRESSLY AGREED AND DECLARED by and between BETWEEN BOTH PARTIES as follows:- 7.1 If at any time the Lessor rent or any part thereof (whether formally demanded or not) shall remain unpaid or unsatisfied for seven (7) days after becoming payable or if any of the Minister for Lands and Surveys and Tenant’s covenant shall not be performed or observed or if the Lessee as follows: — (1) THAT it Tenant shall be lawful at all times suffer execution on the Said 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 goods 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 re-enter upon the demised premises Said Premises or any part thereof in the name of the whole and thereupon this tenancy shall absolutely determine but without prejudice to any right of action or remedy of the Landlord in respect of any breach of the Tenant’s covenants herein contained. 7.2 The Landlord shall under no circumstances be liable for loss of or damage to the goods whether due to fire, theft, burglary or otherwise being stored within the Said Premises, unless due to the fault of the Landlord. In the event, if the Said Premises or any part thereof shall be damaged by fire or other causes and becomes unfit for occupation and use then the Landlord shall not be bound or compelled to rebuild or reinstate the same unless the Landlord in his discretion thinks fit. a) In the event of the Landlord deciding to have again repossess rebuild and enjoy as if this lease had never been executed reinstate the Demised Premises and the house Tenant deciding to continue with this Tenancy (provided the money payable under any policy of insurance effected by the Landlord shall not have become irrecoverable through any act or houses sheds default of the Tenant) then the rent hereby reserved or a fair and other buildings used just proportion thereof according to the nature and extent of the damage sustained shall be suspended and cease to be payable until the Demised Premises shall have been again rendered fit for occupation and use. b) In the event of the Landlord not deciding to rebuild and reinstate the Demised Premises or the Tenant not deciding to continue with this Tenancy then the rent thereby reserved shall cease and determine from the date of the happening of such destruction or damage as aforesaid and the Tenant will peaceably surrender, vacate, leave and yield up to the Landlord possession of so much of the Demised Premises as shall not have been destroyed. The Landlord shall forthwith refund fully the Security Deposit stated in connection Section 7 of the First Schedule. c) Wherein the Said Premises shall not be rendered and reinstated and made ready and fit for occupation within a period of two (2) months from the date of happening of any such event the Tenant shall be at liberty to give the Landlord one (1) calendar month notice in writing determining the Tenancy hereby created and thereupon this Tenancy shall absolutely determine and the Security Deposit paid by the Tenant hereunder shall be refunded to the Tenant forthwith but without prejudice to the right of action of the Landlord in respect of any antecedent breach of any covenant or condition herein contained For the avoidance of doubt, in the event that: (i) such destruction or damage shall have been caused by or is attributable to any act, omission and/or negligence of the Tenant or the Tenant’s employees, agents. Servants; or (ii) if any insurance monies payable with respect to such destruction or damage shall be rendered irrevocable by reason of any act, omission and/or negligence of the demised premises Tenant or the Tenant’s employees, agents, servants, then the Tenant shall not be entitled to exercise any of the rights or remedies provided in Clause 7.2(a), (b) and all plant (c) above and equipment necessary the Tenant shall be liable to pay the rental as set out in Section 6(a) of the First Schedule without any deduction and abatement. 7.3 In the event the Tenant shall be desirous of taking a tenancy of the Said Premises for a further term, the Tenant shall give the Landlord two (2) months’ written notice of the same. Provided always that the terms and conditions of this Agreement shall have been duly observed and performed by the Tenant, the Landlord shall grant the Tenant a further term of tenancy as is specified in Section 9 of the First Schedule hereto upon the same terms and conditions (save and except for this clause) and at a rental to be agreed upon. 7.4 There shall be no termination of the tenancy whatsoever during the Tenancy period as stated in section 5 of the First Schedule by either party. In case of breach, the Security Deposits specified in Section 7 of the First Schedule hereto shall be forieited, by the Landlord, if the Tenant committed the breach. Likewise, the Landlord to rebate the Tenant the same exact amount, if the Landlord committed the breach, without interest However, if the rent or any part thereof shall be in arrears for the effective operation 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 irrigation system 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 demised premises shall then remain or become the absolute property part of the Lessor without compensation and freed and discharged Tenant herein contained. The Landlord has the rights to impose an interest rate of 8% per annum calculated on a daily basis from all mortgages and encumbrances and in such case the Lessee will do and execute such documents and things (including surrenders) as date of the Minister may reasonably require to give effect to this provision AND arrears of the Lessee hereby irrevocably constitutes and appoints rental which remain unpaid until full settlement of the Minister same. 7.5 Any additional deposit required by Tenaga Nasional Berhad or such person as he may the Air Selangor or lndah Water Konsortium from time to time nominate during the true continuance of this Agreement shall forthwith be paid by the Tenant 7.6 All costs and lawful attorney incidentals to the preparation and completion of this Agreement including stamp duty shall be borne by the Lessee to execute those documents Tenant and things (including surrenders)each party shall bear their own solicitor’s tees. (4) ANY dispute or difference as 7.7 Any notice in writing under the terms and conditions of this Agreement 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 be sent to the rights duties or liabilities of either party or any hereto on the other person hereunder or as to any matter to shall be agreed upon between the parties hereto under this lease shall in default of agreement between the parties by prepaid registered post 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 be sufficiently served at the time when the ordinary course of post would have been duly given delivered. 7.8 The Landlord shall not be liable for any damage, expense, loss or liability suffered or incurred by the party giving Tenant or any other person, or any property or the same if given effects or business of the Tenant, in accordance with respect of the provisions operation or the failure of the electricity or water supply or any other public utility services, facilities or other machinery provided by the Landlord or enjoyed by the Tenant in that regard in relation to the Agreementpremises. (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 as follows: —follows:- (1a) THAT it If the rent hereby reserved or any part thereof shall at any time be unpaid for fourteen (14) days after the same shall have become due (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 creditors 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 lawful at all times a company and shall go into liquidation whether compulsory or otherwise except for the Lessor — (i) to grant to the Lessor purpose of reconstruction or amalgamation then and 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 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 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 re-enter upon the demised premises Demised Premises or any part thereof in the name of the whole and thereupon the same tenancy shall absolutely determine but without prejudice 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 right of action of the irrigation system Landlord in respect or any antecedent breach of the conditions on the demised premises shall then remain or become the absolute property part 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 herein contained. (4b) ANY dispute The Landlord shall at the written request of the Tenant made not less than three (3) months before expiration of the term hereby created and if there shall not at the time of such request by any existing breach or difference as to questions non- observance of fact between any of the parties arising out covenants for the part of or in connection with this lease or any agreed amendment or variation thereof or agreed addition or as the Tenant herein contained to the rights duties or liabilities performed at the Tenant's expense grant to the Tenant a Tenancy of either party or any other person hereunder or as the Demised Premises for a further term and subject to any matter to be agreed upon between the parties hereto under this lease shall in default of agreement between the parties and conditions stipulated in the absence Schedule J. (c) If the Tenant shall unilaterally determine the tenancy before the expiry of any provision in this lease or the Agreement term hereby created the deposit shall be absolutely forfeited to the contrary be referred Landlord without prejudice to and settled by arbitration under the provisions Landlord's right of action against the Arbitration Xxx 0000 provided that Tenant for damages for breach of 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. (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 as follows: —follows:- (1) THAT it If the rent hereby reserved or any part thereof shall be lawful at all times unpaid for the Lessor — twenty-one days after becoming payable (i) to grant to the Lessor in right of the State of Western Australia whether formally demanded or of the Commonwealth of Australia easements (including easements without dominant tenementsnot) or rights over if any covenant on the demised premises for any public purpose Lessee’s part herein contained shall not be performed or purpose approved by the Lessor; (ii) to require the Lessee to consent to the granting of observed then and in 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 cases it shall be lawful for the Lessor (without prejudice 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 re-enter upon the demised premises Demised Premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to 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 right of the irrigation system on the demised premises shall then remain or become the absolute property action of the Lessor without in respect of any breach of the Lessee’s covenants herein contained. (2) That if any question, difference or dispute shall arise between the parties hereto of any person or persons or corporation claiming under them respectively concerning the rent hereby reserved or touching the construction of any clause herein contained or the rights, duties or liabilities of the parties hereunder or if the parties hereto shall fail to agree upon the quantum of any compensation and freed and discharged from all mortgages and encumbrances and payable hereunder or in such any other way touching or arising out of these presents the same shall be referred to the decision of two arbitrators before proceeding in the reference in accordance with the Arbitration Act or any statutory re- enactment or modification and/or any amendment thereof for the time being in force. (3) Any notice requiring to be served hereunder shall be sufficiently served in the 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 if left addressed to execute those documents him on the Demised Premises or forwarded to him by post or left at his last known address in Trinidad and things (including surrenders)in the case of the Lessor if addressed to him and left at or sent by post to him at his address hereinbefore mentioned. A notice sent by post shall be deemed to be given at the time when in due course of post it would be delivered to the address to which it is sent. (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 these presents where necessary words in the absence of any provision masculine shall include the feminine or neuter gender words in this lease or the Agreement to singular shall include the contrary be referred to plural numbered and settled by arbitration under the provisions covenants on the part of the Arbitration Xxx 0000 provided that this clause Lessor and the Lessee hereinbefore contained shall not apply in any case where either expressly if entered into or impliedly the Lessor of the Minister for Lands and Surveys or the Minister is given a discretionary power hereunderbinding on more than one person be joint as well several. (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. (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 is hereby expressly agreed to as follows: — (1) THAT it shall be lawful at all times for the Lessor —: (i) to grant That the Party may vacate the land after giving 15 days notice ending with a calendar month in writing to the Lessor in right PPT at any time during the period of the State Right 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;Way-leave permission. (ii) to require That the Lessee to consent to period of Right of Way-leave permission can be renewed provided the granting of such easements (including easements without dominant tenements) or rights in or over premises is not required by the demised premises as may from time to time be reasonably necessary PPT for the overall development or use of the demised premises or for the overall development or use of the surrounding lands; andhis own purpose and at his option. (iii) to use or permit the That if any complaint regarding use of the demised premises as scheduled land for any illegal/Immoral purpose is reasonably necessary for received and found prima facie to be true by the overall development or use Paradip Port Trust, the Right of the demised premises or for the overall development or use of the surrounding lands. PROVIDED ALWAYS that no such grant requirement use or Way leave permission is liable 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 Agreementcancelled. (2iv) THAT subject If the Party contravenes/ breaches any of the conditions of this Right of Way-leave permission shall be liable 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 pay fine as the case may bedecided by PPT. (3v) THAT upon That if any part of the determination Port dues hereby reserved shall be in arrear for thirty days, next after the day when the same shall have become due whether the same shall have been demanded or not or if there shall be a breach of any of the Party’s covenants herein contained or if the land is required for some purpose of the port or otherwise required by the PPT of which fact the PPT shall be the sole judge, then the PPT may, notwithstanding the waiver of any previous cause or right or re-entry terminate the Right of Way-leave permission by giving the 15 days notice in writing and thereupon Right o Way-leave permission of the Party shall absolutely cease and determine and the Party shall vacate the premises during the notice period and handover the premises to the PPT or to his agent and in the event of such termination the Party shall be liable to pay for all damages, if any, caused to the allotted land, the Party after making the allowances for ordinary xxxx and tear the value of which as determined by the PPT, shall be binding on the Party. (vi) That if the Party shall not handover the possession after completion of permissible period or encroach more area of the said under Sub-clause (x) of Clause-2, Sub-Clauses (i) and (vi) of this lease which may be determined Clause the PPT is hereby as authorised to treat the Party as a trespasser and to evict him and take over possession of the land by effluxion applying reasonable force and to claim damages three times of time way-leave charges as per latest SoR till such encroachment is removed or pursuant to possession taken by Paradip Port Trust, PPT shall recover the Agreement or by surrender it shall be lawful fine for the Lessor damages as public demand with interest @ 12% (twelve percent) per annum without prejudice to any right other action that may be taken by the PPT to recover by suit in the Court having jurisdiction over the area. Provided that if by the date 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 taking over forcibly possession of the covenants conditions land the Party has still his wares and obligations contained herein articles over the land, the same shall be inventoried as per rule and on the part party shall be entitled to take them under proper receipt within thirty days of the Lessee date of such entrustment subject to clearance of all dues and fine if any, failing which the PPT shall be competent to sell the same by public auction and recover the dues to be performed observed paid to PPT. The Party shall be competent to be present in person or complied with and subject to subclause (6) through his authorised agent at the time of Clause 5 and to subclause (1) of Clause 24 inventory or sale 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 article 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. (6) IN this lease, unless the context otherwise requires: —public auction: