DATED THIS 28TH DAY OF APRIL 1999
BETWEEN
WOI SEEN CHIN ENTERPRISES SDN BHD
AND
TECNOCHANNEL TECHNOLOGIES SDN BHD
***************************************
T E N A N C Y A G R E E M E N T
***************************************
TENANCY AGREEMENT
THIS AGREEMENT is made the day and year stated in Section 1 of the First
Schedule hereto between the party whose name and description are stated in
Section 2 of the First Schedule hereto (hereinafter called the "Landlord") of
the one part and the party whose name and description are stated in Section 3 of
the First Schedule hereto (hereinafter called the "Tenant") of the other part.
WHEREAS :
(1) The Landlord is the owner of the office premises described in Section 4 of
the First Schedule hereto (hereinafter referred to as the "Demised
Premises").
(2) At the Tenant's request, the Landlord is agreeable to letting out the
Demised Premises to the Tenant upon the terms and conditions hereinafter
contained.
NOW IT IS HEREBY AGREED as follows :
1. The Landlord hereby grants and the Tenant hereby accepts, on the terms and
subject to the conditions of this Agreement, a tenancy of the Demised
Premises for the term set forth in Section 1 of the Second Schedule hereto
commencing on the date set forth in Section 2 of the Second Schedule hereto
(hereinafter referred to as the "Commencement Date") and expiring on the
date set forth in Section 3 of the Second Schedule hereto (hereinafter
referred to as the "Expiry Date") at the rent set out in Section 2 of Part
One of the Third Schedule hereto (hereinafter referred to as the "Rent)
payable in advance without any deductions in the manner set forth in Part
Two of the Third Schedule hereto.
2. DEPOSITS
2.1 Security Deposit
2.1.1 The Tenant shall on or before the Commencement Date pay to the
Landlord a sum in the amount specified in Section 1of Part One of
the Third Schedule hereto (hereinafter referred to as the
"Security Deposits") to be held by the Landlord during the term
of the tenancy as a deposit and
security for the due performance and observance by the Tenant of
all and singular its covenants and obligations herein contained.
2.1.2 The Tenant shall at all times during the tenancy maintain the
Security Deposit in the amount which is equal to three (3)
installments of the Rent and shall upon demand by the Landlord
pay such sum as may from time to time and at any time be required
to maintain the Security Deposit in such amount.
2.1.3 The Security Deposit shall not be deemed to be or treated as
payment of the Rent (or any part thereof), and the Tenant shall
not be entitled to set-off against the Security Deposit any
installment or installments of the Rent or any other sum due or
payable by the Tenant to the Landlord under or in relation to
this Agreement.
2.1.4 The Landlord may however from time to time in the event of any
breach or non-performance or non-observance by the Tenant of any
of its covenants or obligations herein contained, appropriate
from the Security Deposit any sum or sums as may be necessary in
or towards satisfaction of the sums due from the Tenant under or
in relation to this Agreement In addition, the Landlord may upon
the expiration or sooner determination of the tenancy, deduct
from the Security Deposit :-
(a) such sum that may then be due to the Landlord under or relation
to this Agreement (whether by way of Rent or any part thereof) or
otherwise whatsoever or howsoever) but remaining unpaid;
(b) any outgoings or other sum whatsoever payable by the Tenant to
any appropriate authority or other person or the Landlord under
the terms of this Agreement; and
(c) such costs of any repairs or replacement of any damage to the
Demised Premises or any of the fixtures and fittings therein
belonging to the Landlord and any other loss or damage suffered
by the Landlord as a result of or arising from or in connection
with the Tenant's breach of any of its covenants and obligations
under or in relation to this Agreement.
2.1.5 The appropriation by the Landlord from the Security Deposit of
any sums by reason of the breach or the non-performance or
non-observance by the Tenant of any of its covenants or
obligations herein contained shall be without prejudice to other
rights, if any, of the Landlord in respect of such breach or
non-performance or non - observance and shall not prejudice the
rights of the Landlord in respect of any further breach, non -
performance or non - observance by the Tenant of the same
covenant or obligation or of any breach by the Tenant of the
Tenant's other covenants or obligations herein contained.
2.1.6 Subject to the foregoing provisions, the Security Deposit (or as
the case may be, the balance thereof) shall be refunded by the
Landlord to the Tenant, free of interest, after the expiration or
sooner determination of the tenancy.
2.2. UTILITIES DEPOSIT
2.2.1. The Tenant shall on or before the Commencement Date, pay to the
Landlord a sum in the amount specified in Section 3 Part One of
the Third Schedule hereto hereinafter referred to as the
"Utilities Deposit") as a deposit for the Tenant's covenant
herein to pay all charges for electricity and water supplied to
the Demised Premises. All utility services and the downpayment
deposits for utility services payable to the appropriate
authorities for the connection of electricity, water supply and
other utilities to the Demised Premises shall be applied for by
the Tenant and paid for directly by the Tenant to the appropriate
authorities.
2.2.2. Upon the expiration or sooner determination of the tenancy :-
(a) if any charges for utility services including electricity and/or
water supplied to the Demised Premises shall not have been paid
by the Tenant, the Landlord may deduct from the Utilities Deposit
such sum as shall be due to the appropriate authority or
person(s) for such utility services, electricity and/or water
supply and remaining unpaid by the Tenant; and
(b) subject to the foregoing provisions, the Utilities Deposit (or as
the case may be, the balance thereof) shall be refunded by the
Landlord to the Tenant, free of interest.
3. TENANT'S COVENANTS
The Tenant hereby covenants with the Landlord as follows :-
3.1. Covenant to pay the Rent
The Tenant shall pay the Rent reserved herein without any
deduction, at the times and the manner herein set forth and
without any demand therefor
by the Landlord in the manner set forth in Part Two of the Third
Schedule hereto.
3.2 Covenant to pay and maintain the Deposits
The Tenant shall pay and maintain the Security Deposit and the
Utilities Deposit as provided above.
3.3 Covenant to pay additional rent In the event that the aggregate
amount paid or payable by the Landlord by way of quit rent,
municipal and other rates, taxes, assessment, service charges,
property taxes or other imposition of a like nature by whatever
name called levied in respect of the Demised Premises shall be
increased beyond the aggregate amount so paid by the Landlord as
at the Commencement Date (whether the increase shall result from
an increase in the amounts paid and payable by the Landlord as
the Commencement Date or the levy subsequent to the Commencement
Date of impositions as aforesaid or otherwise howsoever), the
Tenant shall by way of and as additional rent, pay such aforesaid
increase to the Landlord at such times and in such manner as the
Landlord shall specify PROVIDED ALWAYS THAT the Tenant shall not
be entitled to any reduction of the Rent in the event that the
aggregate amount paid or payable by the Landlord by way of quit
rent, municipal and other rates, taxes, assessment, service
charges, property taxes or other imposition of a like nature by
whatever name called levied in respect of the Demised Premises as
at the Commencement Date shall thereafter be decreased or not
imposed or levied by the appropriate authorities.
3.4. Covenant to pay water, sewerage (IWK charges), electricity, and
telephone charges etc.
The Tenant shall duly pay all charges for electricity, water,
sewerage (IWK charges) and telephone facilities supplied to the
Demised Premises during the term of the tenancy and forthwith
forward to the Landlord the receipts for all such payments as
aforesaid.
3.5. Covenant to repair
The Tenant shall keep and maintain the Demised Premises in good and
tenantable repair and clean condition, and shall repair and keep the
interior of the Demised Premises (other than the main structure thereof)
including the floors, ceilings, drains, pipes, cables, wires, sewers, the
plaster or other surface material or rendering on the floors, walls and
ceilings and all glass in the windows, doors and partitions thereof and all
shutters, locks, fastenings, metal parts and other fixtures and fittings
therein in a clean condition and in good and tenantable repair (fair
wear and tear and damage by fire, xxxxx, xxxxxxx, riot and any other cause
beyond the Tenant's control excepted, save in the case of fire where the
insurance monies are rendered irrecoverable in consequence of the act or
default of the Tenant).
3.6 Covenant to allow inspection and repair
The Tenant shall permit the Landlord by its duly authorised agent and/or
servants, with or without workmen and appliances, at all reasonable times,
and upon giving prior notice to the Tenant, to enter upon and view the
condition of the Demised Premises.
Upon such inspection, the Landlord shall be entitled to serve upon the
Tenant notice in writing specifying any repairs (other than structural
repairs) to be carried out by the Tenant at the Tenant's cost and expenses
and if the Tenant shall not, within fourteen (14) days after the service of
such notice, proceed diligently with the execution of such repairs then,
the Landlord shall be entitled at all reasonable times and upon giving
prior written notice to the Tenant, to enter upon the Demised Premises by
its duly authorised agents and/or servants, with or without workmen and
appliances, to execute such repairs. The costs so incurred by the Landlord
shall be payable by the Tenant upon demand by the Landlord together with
interest thereon calculated at 12% per annum from day to day from the date
of the Landlord incurs such costs until the date of full payment thereof by
the Tenant to the Landlord, and shall be a debt forthwith due from the
Tenant to the Landlord recoverable by action.
3.7 Covenant in respect of alterations
3.7.1 The Tenant shall not make or carry out any alterations,
renovations, additions or demolitions in, on, to or about the
Demised Premises without the prior written consent of the
Landlord, such consent to be withheld or granted by the Landlord
at its absolute discretion and if withheld without assigning any
reason therefor. Such consent if granted, may be granted by the
Landlord subject to such conditions as the Landlord may at its
absolute discretion deem fit to impose.
3.7.2 Any alterations, renovations, additions or demolitions as may be
carried out by the Tenant pursuant hereto shall be carried out at
the Tenant's own cost and expense and in confirmity in every
respect with the plans and specifications therefore approved by
the Landlord and the appropriate authorities and in compliance
with all relevant laws, by-laws, directives, instruments, orders
and requirements of the appropriate authorities. If such
alterations, renovations, additions or demolition's (or the works
to be carried out in respect thereof or in connection therewith)
shall involve any change the mechanical and electrical services
to and/or the main structure of the Demised Premises and/or the
pipes, wires, cables or other apparatus
constructed, installed or laid in or under the Demised Premises
the Tenant shall appoint such qualified and competent, mechanical
and electrical engineers or, as the case may be such civil and
structural engineers to properly, design, and supervise the
completion of, such alteration, renovations and additions as
shall involve the aforesaid changes. The Tenant shall appoint
such qualified and competent contractors to carry out such
alterations, renovations and additions.
3.7.3 The Tenant shall indemnify and keep the Landlord indemnified
against all actions, proceedings, claims, penalties, fines,
demands, costs, expenses, damages, losses and liabilities
whatsoever which may be brought or made against the Landlord or
which the Landlord may pay, sustain or incur by reason of or
arising from or in connection with such alterations, renovations
and additions and/or the works carried out in respect thereof or
in connection therewith.
3.7.4 The Tenant covenants that unless otherwise agreed by the Landlord
in writing, it shall immediately before the expiration or sooner
determination of the tenancy, remove at its own cost and expense
all alterations, renovations, and additions to the Demised
Premises effected or executed by the Tenant and shall make good
all damage caused by such removal to the satisfaction of the
Landlord and shall restore and reinstate the Demised Premises in
all respects to the state and conditions thereof prior to the
effecting or executing of all such aforesaid alterations,
renovations, additions and demolition by the Tenant or at the
Landlord's election, to a condition which is good and tenantable
and to the satisfaction of the Landlord and in the event of the
Tenant refusing failing or neglecting for any reason whatsoever
to restore and reinstate the Demised Premises as aforesaid, then
and in such event notwithstanding any provisions herein this
Agreement and the Landlord's absolute discretion be forfeited to
the Landlord. In the event that the Landlord agrees that the
Tenant shall not required to remove, the said alterations,
renovations or additions (or any part thereof) pursuant to the
foregoing provisions of this Clause 3.7.4, the Tenant shall
nevertheless, on the expiration or sooner determination of the
tenancy, yield up the Demised Premises in good and tenantable
condition, but shall not be entitled to any monies or
compensation or reimbursement by or from the Landlord for the
said alterations, renovations or additions not removed by the
Tenant as aforesaid.
3.8 Covenant in respect of insurance
The Tenant shall not do or permit to be done on the Demised Premises
anything whereby the policy or policies of insurance taken out by the
Landlord on the Demised Premises against any loss or damage by fire or any
other risks may be rendered void or voidable whereby the rate or rates of
premium thereon may be
increased and shall pay to the Landlord, on demand, any such increase and
any expenses incurred by the Landlord in or about the renewal of such
policy or policies rendered necessary by a breach or non-observance of this
covenant without prejudice to the other rights of the Landlord in respect
of such breach or non-observance.
3.9 Covenant not to assign, underlet, etc.
The Tenant shall use the Demised Premises only for the purposes of an
office for carrying on thereat the Tenant's lawful business and at the
Tenant's own cost and expenses, to obtain and maintain all licenses,
permits, approvals, registration, consents and the like for the carrying on
by the Tenant of its lawful business the user of the Demised Premises as
aforesaid.
3.10 Covenant restrictive of user
The Tenant shall not :
3.11.1 use the Demised Premises or any part thereof for residential
purposes;
3.11.2 use or permit or suffer the use of Demised Premises for storing
goods or merchandise(other than good and merchandise belonging to
or held by the Tenant for and in connection with the Tenant's
business);
3.11.3 hold or permit or suffer to be held any sale by auction on the
Demised Premises or any part thereof.
3.11.4 use the Demised Premises or any part thereof in such manner
whereby dirt, rubbish or debris accumulates in or outside the
Demised Premises or whereby an excessive amount of noise is
caused;
3.11.5 keep or permit to be kept on the Demised Premises or any part
thereof, any materials the keeping of which may contravene any
local ordinance, statute, regulation or by-law or in respect of
which an increased rate of insurance may be required and in
particular not to store arms, ammunition, unlawful goods, gun
powder, saltpetre, kerosene or any explosive, combustible or
radioactive substance;
3.11.6 use the Demised Premises or any part thereof or permit or suffer
the name to be used for any illegal or immoral purposes; and
3.11.7 do or permit to be done upon the Demised Premises anything which
may constitute a nuisance to, or give reasonable cause for
complaint by, the occupiers of adjoining and neighbouring
premises.
3.12 Covenant to observe laws and House Rules etc.
The Tenant shall observe and comply with all laws, by-laws, rules
and regulations relating to and/or affecting the Demised Premises
or the use thereof which are now in force or may hereafter be
enacted or imposed by the appropriate authorities including the
House Rules applicable on the Demised Premises, which said House
Rules are attached in the Appendix annexed hereto this Agreement.
3.13 Covenant in respect of notices for reletting etc.
The Tenant shall permit the Landlord or its servants or agents at
any time during the three (3) months immediately preceding the
expiration of the tenancy to affix and retain on any part of the
Demised Premises, a notice for reletting thereof and to permit
intending tenants and others with written authority from the
Landlord or its agents, upon giving reasonable notice and at
reasonable times of the day, to enter and view the Demised
Premises.
3.14 Covenant to yield up.
On the expiration or sooner determination of the tenancy, to
peacefully yield up the Demised Premises in accordance of the
provisions of Clause 3.7.4 and in good tenantable repair and
condition, fair wear and tear accepted.
4. LANDLORD COVENANTS.
4.1. Covenant to pay quit rent, etc.
Except insofar as the same are payable by the Tenant pursuant to
this Agreement, the Landlord shall pay and discharge all existing
and future quit rent, service charges, municipal and other rates,
taxes, assessment charges, property taxes or other imposition of
a like nature by whatever name called levied in respect of the
Demised Premises.
4.2 To repair main structure.
The Landlord shall repair and keep the main structure of the
Demised Premises (but not including the plaster or other surface
material applied to the faces thereof or any part of the Demised
Premises to be repaired by the Tenant pursuant to this Agreement)
in good and tenantable repair and conditions.
4.3 Covenant to insure.
The Landlord shall insure and keep insured the Demised Premises
(but excluding the Tenant's goods properties, effects, fittings,
fixtures and any alterations, renovations or additions to the
Demised Premises effected or executed by the Tenant pursuant to
this Agreement) against loss or damage by fire and such other
risks as the Landlord at its absolute discretion deem it and
shall pay all premium necessary for that purpose.
4.4 Covenant for quiet enjoyment.
The Landlord shall, so long as the Tenant shall duly punctually
pay the rent hereby reserved at the times and in the manner
herein provided and duly perform and observe all the Tenant's
covenant and obligations under in relation to this Agreement, the
Tenant shall peaceably hold and enjoy the Demised Premises during
the term of the tenancy without any interruption by the Landlord
or any person lawfully claiming through, under or in trust for
the Landlord.
5. RE-ENTRY AND TERMINATION BY THE LANDLORD.
If any installment of the Rent herein reserved shall remain
unpaid for seven (7) days after the due date thereof (whether
formally demanded or not) or if any of the covenants and
obligations herein contained and on the Tenant's part to be
performed and observed shall not be duly performed or observed or
the Tenant is otherwise in breach of any of the covenants or
obligations herein contained and on the part of the Tenant to be
performed and observed or, an order is made or an effective
resolution passed for the dissolution / winding up of the Tenant
or if the Tenant enters into any arrangement or composition with
its creditors or allows or suffers any judgment entered against
the Tenant to remain unsatisfied for a period of twenty-one (21)
days or suffers any distress or execution to be levied on its
good, then and in any such events, it shall be lawful for the
Landlord, immediately or at anytime thereafter, to terminate the
tenancy by giving to the Tenant written notice to such effect
and/or to re-enter upon the Demised Premises or any part thereof
in the name of the whole, whereupon the tenancy shall be
forthwith terminated and the Tenant shall peacefully yield up the
Demised Premises in accordance to the Clause 3.14. Upon such
termination, the Security Deposit shall be forfeited to the
Landlord absolutely but without prejudice the Landlord's right,
power and remedies (whether conferred by law or this Agreement)
in respect of any breach of the Tenant's covenants and
obligations herein contained or otherwise resulting or arising
from or in connection with such termination.
6. SUSPENSION OF THE RENT.
If at any time during the term of the tenancy, the Demised
Premises or substantial part thereof shall be destroyed or
damaged by fire, water, xxxxx, xxxxxxx, earthquake, insects,
explosion, riots, civil commotion, enemy action or other
inevitable cause so as to become unfit for use and provided that
such destruction or damage shall not have been caused by any act,
default or omission of the Tenant or whereby the monies under any
policy of the insurance effected by the Landlord shall be
irrecoverable, the Rent hereby reserved or a fair and just
proportion thereof according to the nature and extent of the
destruction or damage sustained shall be suspended and cease to
be payable from the date on which the Demised Premises or any
part thereof shall be destroyed or damaged as aforesaid and
become unfit for use and until the Demised Premises ora
substantial part thereof shall have been rendered fit for
occupation and use. Any dispute concerning this Clause shall be
determined in accordance with the Arbitration Xxx 0000 (Revised
1972).
6.2 The Landlord shall not be bound or compelled to rebuild or
reinstate the Demised Premises or any part thereof unless the
Landlord in its absolute discretion thinks fit. If the Landlord
shall decide not to rebuild and reinstate the Demised Premises or
any part thereof, then the Landlord shall serve notice in writing
to the Tenant to such effect and if such destruction or damage
shall not have been caused by any act, default or omission of the
Tenant, the Rent herein reserved for the remaining term of the
tenancy shall cease to be payable from the date of such
destruction or damage as aforesaid rendering the Demised Premises
(or a substantial part thereof) unfit for use, the Tenant shall
be deemed to have been determined on the date on which the
Demised Premises or substantial part thereof shall have become or
damaged as aforesaid and become unfit for use, but without
prejudice to the right and remedies of either party hereto in
respect of any antecedent breach by the other party hereto of its
covenants and obligations herein contained.
7. LIMITATION OF LANDLORD'S LIABILITY.
The Landlord shall incur no liability to and shall not be liable
in damages or otherwise to the Tenant for any damage, injury or
loss which may, at any time during the term of the Tenancy, be
caused or suffered by the Tenant, its servants, agents, licensees
and invitees or any of them or to any property of goods of the
Tenant or of such persons as aforesaid in or about the Demised
Premises occasioned by or arising from fire, xxxxx, xxxxxxx
earthquake, insects, theft, burglary, explosion, riots, civil
commotion or enemy action or by reason of the defective working,
stoppage, or breakage of any appliances, pipes, wires, cables,
apparatus, air-conditioning or other machinery in or under
passing through or connected with or used for the purpose of the
Demised Premises or any part thereof or failure of
air-conditioning services, electricity or other supplies or owing
to the act , default or omission of the Tenant, its servants,
agents, licensees and invitees or occupiers of the Demised
Premises or any of them.
8. OPTION FOR RENEWAL.
If the Tenant shall be desirous of taking a tenancy of the
Demised Premises for a further term equivalent to the period set
forth in Section 5 of the Second Schedule from (and including)
the day immediately following the Expiry Date at the rent (to be
mutually agreed upon) and on the terms and conditions hereinafter
mentioned and shall, not less than three (3) months before the
Expiry Date, give to the Landlord notice in writing of such its
desire, then AND PROVIDED ALWAYS that the Tenant shall have,
throughout the term of the tenancy punctually paid the Rent
herein reserved in the manner herein stipulated and duly
performed and observed all the Tenant's obligations under and in
relation to the tenancy and this Agreement up to the Expiry Date,
the Landlord shall let the Demised Premises to the Tenant for the
aforesaid further term commencing on the day immediately
following the Expiry Date at a rent to be mutually agreed upon
between the Landlord and the Tenant in writing at least one (1)
month prior to the Expiry Date and subject to in all other
respects to the same terms and conditions of this Agreement
mutatis mutandis save and except for this Clause 8.
9. MISCELLANEOUS PROVISIONS.
9.1 Fitting Out Period.
For the period specified in Section 4 of the Second Schedule
hereto (hereinafter referred to as "the Fitting Out Period") and
subject always to the provisions of Clause 3.6, the Tenant shall
have license and authority to enter upon the Demised Premises for
the purpose of executing its renovation works on the Demised
Premises.
9.2 No Waiver.
The acceptance of the Rent or any part thereof by the Landlord
shall not be deemed to operate as a waiver by the Landlord of any
right of action against the Tenant in respect of any breach by
the Tenant of any of its covenants or obligations herein
contained. No failure or delay on the part of the Landlord in
exercising any right under this Agreement shall operate as a
waiver of such right nor shall the knowledge or acquiescence by
the Landlord of or in a breach or non-observance or non-
performance by the Tenant of any terms and conditions of this
Agreement constitute a waiver of such and/or any other terms and
conditions.
9.3 Cost.
All costs and expenses for the preparation of this Agreement
including the stamp duty and the Landlord's solicitor fees and
disbursements shall be borne and paid by the Tenant. The Tenant
shall further, upon demand therefor made by the
Landlord pay all fees, costs, charges and expenses (including the
Landlord's solicitor fees on a full indemnity basis) incurred by
the Landlord in enforcing this Agreement, whether such fees,
costs, charges and expenses shall be incurred in the giving of
any notice to the Tenant, the recovery of monies payable by the
Tenant under this Agreement or recovery of vacant possession of
the Demised Premises, by legal proceedings or otherwise
howsoever.
9.4 Notices.
9.4.1 Any notice, consent, request or other communication given or to
be given hereunder by a party hereto to the other party hereto
shall be in writing and shall be sufficiently served :-
(a) on the Tenant if addressed to the Tenant and left at or sent
by post to the Demised Premises or at the Tenant's place of
business last known to the Landlord or its registered office
for the time being or at such address as the Tenant may
notify to the Landlord in writing; and
(b) on the Landlord if addressed to the Landlord and left at or
sent by post to the address above given of the Landlord or
its registered office for the time being or such address as
the Landlord may notify to the Tenant in writing.
9.4.2 A notice, request, consent or other communication given,
addressed and sent in accordance with Clause 9.4.1 shall if sent
by post, be deemed to be received by the party which it is sent
on the third (3rd) working day after it is put in the post,
postage prepaid and addressed as aforesaid.
9.5 Time.
Time whenever and wherever mentioned is of the essence of this
Agreement.
9.6 Cumulative rights.
The rights and remedies provided in this Agreement are cumulative
and not exclusive of any rights, power or remedies provided by
law.
9.7 Caveat.
The Tenant shall not lodge, or apply for the lodgment of, any
caveat against the Demised Premises or any interest therein.
9.8 Successors.
This Agreement shall be binding upon the respective successors in
title of the Landlord and the Tenant.
9.9 Severability.
Each of the provisions of this Agreement is severable distinct
from the others and if at any time one or more or such provisions
is or becomes invalid illegal or unenforceable, the validity
legality and enforceability of the remaining provisions hereof
shall not in any way be affected or impaired thereby.
9.10 Interpretation.
9.10.1 In this Agreement, unless the context otherwise requires:-
"law" includes common or customary law and any constitution,
decree, judgment, legislation, order, ordinance, regulation,
statute, treaty or other legislative measure, in each case of any
jurisdiction whatsoever and "lawful" and unlawful" shall be
construed accordingly;
"obligations" of any party under this Agreement shall construed
as a reference to an obligation of that party (whether by way of
an agreement, covenant, proviso, term, condition, undertaking,
stipulation or otherwise) expressed to be made or assumed by or
imposed on that party under this Agreement;
IN WITNESS WHERE of the Landlord and Tenant hereto have hereunto set their hands
the day and year first above written.
SIGNED by )
for and on behalf of )
)
the LANDLORD aforesaid ) /s/ illegible
-------------------------------
in the presence of : ) /s/ illegible
-------------------------------
SIGNED by )
for and on behalf of )
)
the TENANT aforesaid ) /s/ X.X. Xxxx
-------------------------------
X.X. Xxxx
in the presence of : ) /s/ Xxxxx Xxx
-------------------------------
Xxxxx Xxx
THE FIRST SCHEDULE
--------------------------------------------------------------------------------
SECTION NO. ITEM PARTICULARS
--------------------------------------------------------------------------------
1 The day and the year of this The 28th day of April, 1999.
Agreement.
--------------------------------------------------------------------------------
2 Name and description of the WOI SEEN CHIN ENTERPRISES SDN.
Landlord. BHD. (CO. NO. 40541-U) of XX.
00-X, XXXXX XX0/00, 00000
XXXXXXXX XXXX.
--------------------------------------------------------------------------------
3 Name and description of the TECNOCHANNEL TECHNOLOGIES SDN.
Tenant. BHD. (CO. NO. 426318-M) having its
registered address at SUITE XX.
00.00, XXXXX 00, XXXXXXXX XXXXX,
XX. 00, XXXXX XXX XX XXXX, 00000
XXXXX XXXXXX.
--------------------------------------------------------------------------------
4 Particular of the Demised All that part of the office unit
Premises. known as Unit Nos. 606 AND 506,
BLOCK G, PHILEO DAMANSARA I,
JALAN DAMANSARA, measuring in
area 5,054 S.F.
--------------------------------------------------------------------------------
THE SECOND SCHEDULE
--------------------------------------------------------------------------------
SECTION NO. ITEM PARTICULARS
--------------------------------------------------------------------------------
1 Term of the tenancy (Clause 1) 2 (two) years.
--------------------------------------------------------------------------------
2 Commencement Date of the 15/6/1999.
tenancy (Clause 1)
--------------------------------------------------------------------------------
3 Expiry Date of the tenancy 14/6/2001.
(Clause 1)
--------------------------------------------------------------------------------
4 Fitting out period From vacant possession to
(Clause 9.1) 14/6/1999.
--------------------------------------------------------------------------------
5 Terms of the new tenancy pursuant 2 (two) years.
to option to renewal (Clause 8)
--------------------------------------------------------------------------------
THE THIRD SCHEDULE
--------------------------------------------------------------------------------
SECTION NO. ITEM PARTICULARS
--------------------------------------------------------------------------------
1 Amount of the Security Deposit Ringgit Malaysia Sixteen
(Clause 2.1) Thousand Six Hundred Seventy
Eight and Cents Twenty Only
(RM 16,678.20)
--------------------------------------------------------------------------------
2 Amount of the Rent for the term Ringgit Malaysia One Hundred
of two (2) years of the tenancy Thirty Three Thousand Four
(Clause 1) Hundred Twenty Five and Cents
Sixty Only (RM 133,425.60)
--------------------------------------------------------------------------------
3 Amount of the Utilities Deposit Ringgit Malaysia Two Thousand
(Clause 2.2) Seven Hundred Seventy Nine and
Cents Seventy Only (RM 2,779.70)
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
THE THIRD SCHEDULE
(PART TWO)
--------------------------------------------------------------------------------
The Tenant shall pay the Rent by TWENTY FOUR (24) equal monthly installments,
each installments to be in a sum of RINGGIT Malaysia Five Thousand Five Hundred
Fifty Nine and Cents Forty Only (RM 5,559.40) the first of the installments to
be paid on or before execution of Tenancy Agreement and each subsequent
installment to be paid on or before the 7TH. DAY of every succeeding month
during the term of the tenancy.
--------------------------------------------------------------------------------
