DATED THIS 28TH DAY OF APRIL 0000
XXXXXXX
XXXXXXX XXXXX XXX BHD
AND
TECNOCHANNEL TECHNOLOGIES SDN BHD
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T E N A N C Y A G R E E M E N T
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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 1 of 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/ illegible
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THE FIRST SCHEDULE
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SECTION NO. ITEM PARTICULARS
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1 The day and the year of this The 28th day of April, 1999.
Agreement.
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2 Name and description of the SELEKTA BAKTI SDN. BHD. (CO. NO.
Landlord. 40541-U) OF XX. 00-X, XXXXX
XX0/00, 00000 XXXXXXXX XXXX.
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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.
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4 Particular of the Demised All that part of the office unit
Premises. known as Unit Nos. 605 AND 505,
BLOCK G, PHILEO DAMANSARA I, JALAN
DAMANSARA, measuring in area
5,054 S.F.
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THE SECOND SCHEDULE
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SECTION NO. ITEM PARTICULARS
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1 Term of the tenancy (Clause 1) 2 (two) years.
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2 Commencement Date of the tenancy 15/6/1999.
(Clause 1)
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3 Expiry Date of the tenancy (Clause 1) 14/6/2001.
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4 Fitting out period (Clause 9.1) From vacant possession
to 14/6/1999.
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5 Terms of the new tenancy pursuant 2 (two) years.
to option to renewal (Clause 8)
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THE THIRD SCHEDULE
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SECTION NO. ITEM PARTICULARS
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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)
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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)
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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)
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THE THIRD SCHEDULE
(PART TWO)
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The Tenant shall pay the Rent by TWENTY FOUR (24) equal monthly installments,
each installments to be in a sum of RINGGIT 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.
