Exhibit 4(s)
Between
APPLE COMPUTER LIMITED
("the LandLord")
And
ASE SINGAPORE PTE LTD
("the Tenant")
SUB-LEASE AGREEMENT
DC/222710 KS6(AW)-666SLA.DC
5 May 2004
DREW & XXXXXX LLC
ADVOCATES & SOLICITORS
00 XXXXXXX XXXXX #00-00
XXXXX XXXXXX
XXXXXXXXX 000000
thousand and four (2004) Between:
(1) APPLE COMPUTER LIMITED, (Reg No, F04036H) having its office at 0 Xxx Xx Xxx
Xxxxxx 00 Xxxxxxxxx 000000 (hereinafter called "the Landlord") of the one
part; and
(2) ASE SINGAPORE PTE LTD, (Company Registration No. 199800834K) a company
incorporated in the Republic of Singapore and having its registered office
at 0 Xxxxxxx Xxxxxxxxx #00-00 Xxxxxx Xxxxx 0 Xxxxxxxxx 000000 (hereinafter
called "the Tenant") of the other part.
WHEREAS:-
(1) The Landlord is the legal and beneficial lessee of all that property known
as 0 Xxx Xx Xxx Xxxxxx 00 Xxxxxxxxx 000000 (hereinafter called the
"Premises"), more particularly described in the Lease Agreement dated 30
May 2003 made between the Housing and Development Board (hereinafter called
"the HDB") of the one part and the Landlord of the other part (hereinafter
called the "Main Lease").
(2) The Landlord has agreed to sub-let to the Tenant a part of the Premises ,
more particutarly described in the First Schedule hereto and for the
purpose of identification is more particularly hatched in the plan annexed
hereto (hereinafter called "the Demised Premises") together with the
fixtures and fittings (hereinafter called the "Landlord's Fixtures and
Fittings") as set out at Fourth Schedule of this Agreement.
NOW THIS AGREEMENT WITNESSETH as follows:-
1. DEMISE
(A) Subject to compliance with the terms set out in the Second Schedule prior
to the Commencement Date (hereinafter defined) and in consideration of the
rent covenants conditions hereinafter reserved and contained and on the
part of the Tenant to be paid observed and performed, the Landlord hereby
demises unto the Tenant all the Demised Premises with full and free right
of access at all times over the Demised Premises for the reasonable
purposes of carrying on the Tenant's trade or business.
TO HOLD the same unto the Tenant from the 1st day of June 2004 (hereinafter
called the "Commencement Date") to 30 May 2007 (hereinafter called "the
Term") paying without any demand, deduction or set off during the Term, the
monthly rent (hereinafter called the "Rent") of
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Singapore Dollars Eighty Thousand (S$80,000.00), unless hereinafter
excepted.
The Rent is to be paid on the 1st day of every month without any demand,
deduction or set-off and in advance. The Landlord hereby grants to the
Tenant a rent-free period from 1 June 2004 to 30 September 2004 (the
"Rent-free Period") and the Tenant shall observe and perform all the
covenants, conditions or stipulations contained herein during the Rent-free
Period.
The Rent for the month of October 2004 shall be paid within one (1) week of
the execution of this Agreement (which shall be within one (1) week of the
Tenant's receipt of the same and in any case before 1 June 2004). If if HDB
should withdraw its consent to the sub-letting, the Agreement herein shall
terminate and the Rent and any other amounts to be paid by the Tenant to
the Landlord shall be apportioned on a pro-rata basis up to the date of
such termination or early determination of the Agreement.
The Tenant shall also pay for other expenses and charges (more particularly
described in Third Schedule) (the "Third Schedule Charges") every month
from the Commencement Date till the expiration of the Term and the Third
Schedule Charges are to be paid on the 1st day of every month without any
demand, deduction or set-off and in advance.
(B) The Agreement herein shall be subject to the HDB's written consent thereto
to be obtained by the Landlord using its best endeavours. If the Landlord
fails to obtain such HDB consent or if HDB consent is refused, this
Agreement shall be null and void in which event the Landlord shall
forthwith refund to the Tenant the Security Deposit and the Utility Deposit
paid by the Tenant hereunder without interest and neither party shall
thereafter have any claim against the other for damages, compensation or
otherwise. The Landlord shall bear all costs and expenses in connection
with the obtaining of HDB's written consent.
2. DEPOSIT
On the signing of this Agreement, the Tenant shall deposit with the Landlord a
sum of Singapore Dollars Two hundred and forty thousand (S$240,000.00) being
the equivalent of three (3) months' Rent (the "Security Deposit") and the
Utility Deposit (hereinafter defined) as and by way of a deposit or security
for the due performance and observance by the Tenant of all and singular the
several covenants conditions and stipulations on the part of the Tenant herein
contained which deposit shall not be deemed to be or treated as payment of rent
and if the Tenant shall fail to perform and observe the said covenants
conditions and stipulations a proportion of the Security Deposit and Utility
Deposit as may be
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necessary to remedy the breach of the said covenants conditions and stipulations
shall be deducted therefrom and if the Landlord exercises its right of re-entry
under this Agreement, the Security Deposit and Utility Deposit shall be entirely
forfeited by the Landlord without prejudice to any right of action or other
remedies of the Landlord for the recovery of any rent or monies due to the
Landlord by the Tenant or in respect of any antecedent breach by the Tenant. The
Security Deposit and the Utility Deposit shall be refunded free of interest to
the Tenant within fourteen (14) days of the expiration or sooner determination
of the Term hereby created less such sum as may be due to the Landlord provided
that the Tenant has then paid all sums owing and performed all other obligations
under this Agreement to the satisfaction of the Landlord.
3. THE TENANT HEREBY COVENANTS WITH THE LANDLORD AS FOLLOWS:-
(1) Tenants' Covenant To Pay Rent
To pay the Rent at the times and in the manner aforesaid clear of all
deductions and set-off.
(2) To pay For Facilities on the Demised Premises
To pay regularly and punctually during the Term all water and electricity
charged by the Public Utilities Board, telecommunication charges or charges by
other appropriate authority and any Government tax or surcharge thereon (the
"Utility Charges"). Further, the Tenant shall maintain a deposit with the
Landlord during the entirety of the Term at the amount of the preceding month's
Utility Charges (the "Utility Deposit"). For the avoidance of doubt, the
aforesaid charges shall include the charges for production floor lightings, the
Compressed Air System and the vacuum system at the ring main piping system.
(3) To select maintenance vendor from Landlord's approved list
The Tenant must select a maintenance vendor from the Landlord's approved
list and service, maintain and repair the Compressed Air System, the vacuum
system, dock levellers and the toilets at its own expense. The Tenant will
provide the Landlord with a copy of the maintenance contracts on request.
The Landlord will install a separate meter for the Compressed Air System
and the vacuum system and the Tenant will pay and discharge all services
and consumption charges imposed, implied or other services consumed by the
Tenant.
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The Tenant shall also obtain the Landlord's approval for all electrical
distribution works
(4) To Maintain Interior
To keep the interior of the Demised Premises including the flooring and
interior plaster or other surface material or rendering on walls ceilings
and the Landlord's fixtures therein including doors windows wires
Installations and fittings in good and tenantable repair and condition.
(5) To Maintain Sanitary And Other Fittings
To maintain in good order and condition all sanitary water and electrical
fittings installed by or belonging to the Landlord in the Demised Premises
and in case of any damage to or loss of any part thereof caused by the
Tenant, his servants, agents or invitees at the Tenant's own expense to
repair or replace to same to the satisfaction of the Landlord.
(6) To Permit Entry To View Condition
To permit the Landlord and his duly authorised agent with or without
workmen and others and with or without appliances at all reasonable times
to enter upon the Demised Premises and to view the condition thereof and to
require the Tenant to repair amend and make good in a proper and
workmanlike manner any defects for which the Tenant is liable and of which
written notice shall have been given to the Tenant and if the Tenant shall
not within one (1) month after the receipt of such notice proceed
diligently with the execution of such repairs or works then the Landlord
may enter upon the Demised Premises and execute such repairs or works and
the reasonable costs thereof shall be a debt due from the Tenant to the
Landlord and recoverable forthwith by action.
(7) User
To use the Demised Premises for the purpose of semiconductor testing
services Including final (electrical) text and wafer probe and related
activities and any other legal use and not to use the Demised Premises or
suffer or permit the same to be used for any other purpose whatsoever
except with the previous consent of the Landlord, HDB and any other
relevant authorities. The Tenant shall be responsible for obtaining the
proper consent, registration and licenses as may by law be required for
carrying on of any trade, business or profession in the Demised Premises
and shall indemnify the Landlord against any claim, toss, liability or
penalty arising from any failure to comply with the provisions of this
clause.
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(8) Consents And Permits
The Tenant shall use the Demised Premises for the purposes stated in clause
(7) unless the Landlord consents in writing to a change of use and the
Tenant has applied for and obtained all the necessary permits approvals and
licences from the competent authority if and when required by any written
law, rules or regulations and all fees and other charges incidental to such
an application shall have been paid by the Tenant.
(9) Alterations And Additions
Not to make or permit to be made any alterations in or additions to the
Demised Premises or any part thereof or the Landlord's Fixtures and
Fittings Landlord's Fixtures and Fittings therein without the prior written
consent of the Landlord and all other approvals clearance permits licences
and any other consents required pursuant to the provisions of any statute
rule order regulation or bye-law applicable thereto having been obtained
and the Tenant shall comply with the conditions of the Landlord and the
relevant authorities.
(10) To Remove Unauthorised Erections Or Alterations
At its own expense to remove any such erection or alteration made without
previous consent in writing of the Landlord or consent having been
withdrawn or lapsed or in respect of which the permission approval licence
clearance or consent of the relevant authority has been withdrawn or has
lapsed and at its own expense to comply with every order of such authority
requiring removal or demolition or other work in connection with such
erections or alterations, and in all such cases at its own expense to make
good all damage caused by such removal demolition or other work and restore
all parts of the Demised Premises affected thereby to its original
condition.
(11) Not to Contravene Written Law
Not to do or omit to do or suffer to be done or omitted any act matter or
thing in on or respecting the Demised Premises required to be done or
omitted (as the case may be) by the Planning Act or any other written taw
and not to do anything which shall contravene provisions of statute
generally and at all times hereafter to indemnify and keep indemnified the
Landlord against all actions proceedings costs expenses claims and demands
in respect of any such act matter or thing which has been done contravening
such provisions.
(12) Not To Interfere With Electrical Cables
Not to add to or in any way interfere with (otherwise than for the purposes
of complying with its obligations hereunder for the repair of the same) the
electric cables, switches, junctions or points or the pipes taps or other
apparatus installed in connection with the supply or use of electricity,
hot or cold water, gas or telephone installation without the Landlord's
consent.
(13) Not To Render Insurance Policies Void Or Voidable
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Not to do or permit or suffer to be done anything whereby the policy or
policies of insurance on the Demised Premises against loss or damage by
fire for the time being subsisting may become void or voidable or whereby
the rate of premium applicable thereto may be increased and to repay to the
Landlord sums paid by the Landlord by way of increased premiums and all
expenses reasonably incurred by the Landlord in or about the renewal of
such policy or policies rendered necessary by any breach or non-observance
of this covenant.
(14) Not To Expose Landlord To Penalty
Not to expose the Landlord to any penalty, fine or forfeiture whatsoever by
committing a breach of any law, rule or regulation regulating any business
carried on upon the Demised Premises or any part thereof or of any Act rule
or regulation including but not limited to such rules as may from time to
time be imposed by the HDB affecting the Demised Premises or any part
thereof and to indemnify the Landlord against same.
(15) Not To Assign Or Sublet
Not to assign sublease or part with the possession of the Demised Premises
or any part thereof without the prior written consent of the Landlord.
(16) Advertisement
Not to affix or otherwise exhibit nor permit to be so affixed or exhibited
on the exterior of the Demised Premises or any part thereof under
whatsoever circumstances any name plate, signboard, placard, poster, banner
or advertising material or publication of whatever nature without the prior
approval of the Landlord.
(17) To Give Notice Of Accident And Damage
To forthwith give notice to the Landlord of any damage that may occur to
the Demised Premises and of any accident to or defects in the water pipes
electrical wiring or fittings fixtures and the Tenant shall immediately
repair the defect or damage at the Tenant's expense.
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(18) To Comply With All Terms And Conditions
At all times during the Term hereby created to comply with all the terms
conditions covenants and provisions stipulated in this Agreement and such
requirements as may be imposed upon the Tenant by the HDB or by any statute
now or hereafter in force.
(19) Tenantable Repair and to Yield Up in Tenantable Repair and Condition
To keep and maintain the Demised Premises including all doors, windows,
glass shutters, locks, fastenings, compressed air system, ring main piping
system, dock levellers, toilets and other fixtures, fittings and additions
in good and substantial repair during the Term to the satisfaction of the
Landlord and at the expiration of the Term hereby created to yield up the
Demised Premises with the Landlord's Fixtures and Fittings restored to its
original state and condition.
The Tenant shall remove all additions and improvements to the Demised
Premises and all fixtures and fittings which during the Term has been fixed
or fastened to or upon the Demised Premises by the Tenant and shall remove
from the Demised Premises all notices, notice boards and sign boards
bearing the name of the Tenant.
The Tenant shall maintain the toilets in clean and hygienic condition
throughout the Term.
(20) Compliance With Terms And Conditions Imposed By The HDB
To comply with and to abide by all rules and regulations which may from
time to time be imposed by the HDB and/or any other competent authorities.
(21) To insure
The Tenant shall insure the Demised Premises and provide public liability
insurance or such other insurance as the Landlord may in its sole and
absolute discretion require, for such sum or sums as may be specified by
the Landlord and promptly pay all premiums costs and disbursements in
connection thereto and to produce such policies to the Landlord on demand
as well as receipts evidencing payments in respect thereof. All policies of
insurance required to be effected by the Tenant shall be taken out with an
insurance company approved by the Landlord and copies of such policies of
insurance shall be produced and lodged with the Landlord by the Tenant
without demand.
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(22) To ensure compliance with the Employment of Foreign Workers Xxx (Xxx 00X)
To strictly ensure that all workers employed by the Tenant, its employees,
agents, independent contractors, occupiers and others under its control, in
respect of the approved works have valid work permits and that all
consents, approvals and permissions pursuant to the Employment of Foreign
Workers Act (Cap 91A) have been complied with.
(23) To bear costs of modification works
The Tenant agrees to lease the Demised Premises together with the
Landlord's Fixtures and Fittings in it original state and condition and the
costs of modification and improvement works carried out shall be borne by
the Tenant.
4. THE LANDLORD HEREBY COVENANTS WITH THE TENANT AS FOLLOWS:-
Quiet Enjoyment
The Landlord hereby covenants with the Tenant that the Tenant duly paying
the rents hereby reserved and observing and performing all the covenants
and stipulations herein contained and on the part of the Tenant to be
observed and performed shall peaceably hold and enjoy the Demised Premises
during the Term hereby created without any disturbance by the Landlord or
any person lawfully claiming under or in trust for the Landlord and shall
enjoy the full and free right of access at all times over the Premises.
5. FURTHER TERMS
It is hereby mutually agreed between the parties as follows:-
(1) Proviso For Re-entry
Upon fourteen (14) days prior written notice, the Landlord may determine
the Term hereby created and re-enter upon the Demised Premises if any
portion of the Rent or other charges mentioned hereinbefore made payable by
the Tenant shall be in arrears or in the event of a receiving order being
made against the Tenant or if the Tenant shall make any assignment for the
benefit of creditors or if the Tenant shall go into liquidation (except for
the purpose of voluntarily amalgamation or reorganisation) or the Tenant
breaches any term of the Agreement and such breach shall remain unremedied
for fourteen (14) days from receipt of the Landlord's written
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notice to remedy and it shall be lawful for the Landlord at any time
thereafter to re-enter upon the Demised Premises or any part thereof in the
name of the whole and thereupon this Agreement shall absolutely cease and
determine provided always that the Landlord shall not be responsible for
any loss or damage to any goods within the Demised Premises from whatsoever
cause, but nothing herein contained shall in any way prejudice affect or
impair the landlord's right to claim demand and take such action against
the Tenant for any monies due and owing to the Landlord under this
Agreement.
(2) No Liability Of Landlord For Damage Due To Any Cause
The Landlord is not responsible (in contract, tort or otherwise) to the
Tenant or to its employees, independent contractors, agents or permitted
occupier nor to any other persons for any death, injury, loss (including
consequential loss) or damage sustained at or originating from the Demised
Premises or the Premises directly or indirectly caused by, resulting from
or in connection with:
(a) any act, omission, breach of contract or negligence of the Landlord or
its employees, agents or independent contractors; or
(b) any wilful misconduct of the Landlord's employees, agents or
independent contactors; or
(c) any terrorist act (as defined in regulation 4(1) of the United Nations
(Anti-Terrorism Measures) made under the United Nations Act (Chapter
339) regardless of any other cause or event contributing concurrently
or in any other sequence to the loss (including, but not limited to,
any action taken in controlling, preventing, suppressing or in any way
relating to any terrorist act).
In the event that Liability may not be excluded under the foregoing
paragraph pursuant to applicable laws, then the total cumulative liability
of the Landlord to the Tenant under or in connection with this Agreement
(in contract, tort or otherwise) shall not exceed a sum equivalent to three
(3) month's Rent.
(3) No Waiver
Should either party condone, excuse or overlook any default, breach or
non-observance or non-performance by the other party at any time or times
of any of the obligations herein contained, the aforesaid shall not operate
as a waiver of the non-defaulting party's right hereunder in respect of any
continuing or subsequent default breach of non-observance or non-
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performance or so as to defeat or affect in any way the rights of the
non-defaulting party in respect of the foregoing. No waiver by either party
shall be inferred from or implied by anything done or admitted by the
non-defaulting party unless there is evidence in writing signed by the said
party. Any consent given by the Landlord on any occasion shall not operate
as a waiver or be construed as a precedent for future cases.
(4) Notice
Any written notice required to be served hereunder shall be deemed to have
been sufficiently served on the Tenant if addressed to the Tenant at the
Demised Premises and shall be deemed to have been sufficiently served on
the Landlord if delivered to the Landlord's registered address.
(5) Indemnity
The Tenant shall indemnify and keep indemnified the Landlord from and
against:-
(i) all claims demands writs and summons actions suits proceedings
judgments orders decrees damages costs losses and expenses of any
nature whatsoever which the Landlord may suffer or incur in connection
with loss of life, personal injury and/or damage to property arising
from or out of any occurrence in, upon or at the Demised Premises or
the use of the Demised Premises or any part thereof by the Tenant or
by any of the Tenants' employees, agents, independent contractors,
licencees, clients, customers or visitors.
(ii) all loss or damage to the Demised Premises, and to all property
therein caused by the Tenant or the Tenants' employees, agents,
independent contractors, licencees, clients, customers or visitors and
in particular but without limiting the generality of the foregoing
caused by the use or misuse waste or abuse of water or electricity or
faulty fittings or fixtures of the Tenant.
(6) Incorporation Of Main Lease Terms
(i) This Agreement is subject to the terms of the Main Lease. Except as
may be inconsistent with the terms hereof, all the terms, covenants
and conditions contained in the Main Lease shall be incorporated by
reference herein and shall be applicable to this Agreement with the
same force and effect as if the Landlord was the lessor under the Main
Lease and the Tenant was the lessee thereunder, and in case of any
breach hereof by the Tenant, the Landlord shall have all the rights
against the Tenant as would be
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available to the lessor against the lessee under the Main Lease as if
such breach were by the lessee thereunder. In the event of any
inconsistency between this Agreement and the Main Lease, the
provisions of this Agreement shall prevail unless the inconsistency
results in a breach of the Main Lease. The terms of the Main Lease are
available to the Tenant for inspection on request and by signing this
Agreement the Tenant is deemed to have agreed to the terms in the Main
Lease.
(ii) In particular-
(a) the Tenant shall not assign, sub-let, grant a licence or part
with or share the possession or occupation of the Demised
Premises or any part thereof or permit any other party or person
by way of a licence or otherwise to occupy the Demised Premises
or any part thereof at any time during the Term without the
Landlord's prior written consent.
(b) the Tenant shall permit HDB and/or the Landlord or their
respective servants or agents with or without workmen, tools and
equipment during the sub-letting term at all reasonable times to
enter upon the Demised Premises and every part thereof to examine
the state and condition of the same and of defects decays and
wants of reparation and of all breaches of covenant there found.
(c) the Tenant shall not cause or do or suffer to be done any act or
thing which may as between the Landlord and HDB constitute or
cause a breach by the Landlord of any of the terms, covenants,
conditions or stipulations on the part of the Landlord to be
observed or performed by virtue of Main Lease but shall do or
permit to be done any act or thing to comply with or to prevent a
breach of any of such terms, covenants, conditions or
stipulations with no liability on the part of HDB for any
inconvenience, loss, damage, costs, expenses or compensation
whatsoever in the event that HDB its servants or authorised
agents with or without workmen, toots and equipment should enter
upon the Landlord's Premises or the Demised Premises to do any
act or thing which HDB is entitled to do by virtue of the Main
Lease or of any laws, by-laws, rules or regulations.
(d) the Landlord shall for the purposes of sub-clause (c) aforesaid
acquaint the Tenant with the terms, covenants,
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conditions and stipulations of the Main Lease and any variations
or amendments thereto.
(7) Renewal Of Agreement And The Tenant's Options
(i) Upon the expiry of the Term the Landlord will, if requested by the
Tenant grant to the Tenant a further tenancy of the Demised Premises
for a period of three (3) years from the expiration of the Term (the
"Further Term") on the same terms and conditions contained in this
Agreement save for the following terms:
(a) the monthly rent being at the prevailing market rent as
determined by the Landlord at his absolute discretion provided
that the revised monthly rent does not exceed or decrease beyond
ten per cent (10%) of the Rent; and
(b) if at any time during the Further Term the Landlord acting in
good faith shall desire to sell all or part of the Demised
Premises, the Landlord hereby agrees with the Tenant that the
Landlord will before selling the same give written notice of such
intention to sell (the `Landlord's Notice") to the Tenant and
notify the Tenant of the sale price and if the Tenant is desirous
of purchasing the Demised Premises or such part of the Demised
Premises, it shall notify the Landlord in writing within four (4)
weeks (time being of the essence) from the date of the receipt of
the Landlord's Notice (the "Expiry Date") of its acceptance of
the said sale price or such other price as may be mutually agreed
between the Landlord and the Tenant. The Landlord shall be at
liberty to sell all or part of the Demised Premises after the
Expiry Date and determine the Term by giving the Tenant eight (8)
weeks' notice. For the avoidance of doubt, the Landlord shall not
be obliged to give the Tenant more than one (1) Landlord's Notice
during the Further Term.
And Provided that:
(a) there are no breaches or non-observance of any covenants of the
Tenant herein contained up to the expiration of the Term; and
(b) the Tenant gives the Landlord at least three (3) months' written
notice of its intention to renew the tenancy.
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(ii) The parties acknowledge that the continuing renewal of this Agreement
and certain of the options granted to the Tenant herein are subject to
the consent of the HDB to the Main Lease and this Agreement. Such
consent is to be obtained at the Landlord's cost and expense. The
parties agree to use their good faith and reasonable efforts to obtain
the HDB's consent as required for the respective parties to enjoy the
benefits and burdens herein provided.
(8) Illegality, Invalidity or Unenforceability
The illegality, invalidity or unenforceability of any provision of this
Agreement under the law of any jurisdiction shall not affect the legality,
validity or enforceability of any other provision.
(9) Legal Costs Goods and Services Tax and Expenses
Each party will bear their own legal and agent expenses in relation to the
Agreement. The Tenant will bear the stamp duty and Goods and Services Tax
in respect of this Agreement.
(10) Car Park Lots
The Tenant shall be allowed the use of thirty (30) car park lots as
designated by the Landlord.
(11) Security and Other Measures
The Tenant shall be responsible for its own internal security control and
incorporate their own security badge control, ensuring that only authorised
personnel are permitted on the Demised Premises. The Tenant will further
adhere to HDB and/or the Landlord's Anti-Terrorism or SARS/ health measures
or such other security or health measures as HDB or the Landlord may impose
in their absolute discretion from time to time.
(12) Housekeeping
The Tenant shall be responsible for their own internal housekeeping and
shall keep the interior of the Demised Premises in good and tenantable
repair and condition.
(13) Refuse Disposal
The Tenant shall dispose of all refuse, debris and waste materials of
whatever nature at the area designated by the Landlord.
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(14) Interpretation
(i) In the interpretation of this Agreement except to the extent that such
interpretation shall be excluded by or be repugnant to the context
when used herein:-
"the Landlord" shall include its personal representatives successors
and permitted assigns, provided, however, that any assigns shall take
subject to the Tenant's rights as set forth in clause (7) above.
"the Tenant" shall include its successors.
"person" shall be deemed to include a corporation.
(ii) Words importing the singular or plural numbers shall be deemed to
include the plural or singular number respectively and words importing
the masculine gender only shall include the feminine or neuter gender
and vice versa as the case may require and where two or more persons
are included in the term "the Tenant" all covenants agreement terms
conditions and restrictions shall be binding on them jointly and each
of them severally and shall also be binding on their personal
representatives respectively jointly and severally.
(iii) Headings appearing in this Agreement are inserted only as a matter of
convenience and in no way define, limit, construe or describe the
scope or intent of the sections or clauses of this Agreement or in any
way affect the Agreement.
THE FIRST SCHEDULE ABOVE REFERRED TO
ALL that portion of the property at 0 Xxx Xx Xxx Xxxxxx 00 Xxxxxxxxx 000000
as shown edged in red on the plan annexed hereto and estimated to contain an
area of 80,000 square feet more or less subject to final measurement by Apple
Architect.
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THE SECOND SCHEDULE ABOVE REFERRED TO
1. Approval is required from HDB and all relevant authorities for the
Agreement of the Demised Premises to the Tenant. Such approval is to be
obtained by the Landlord at the Landlord's costs.
2. Approval is required from HDB and all relevant authorities for the use of
the Demised Premises by the Tenant. Such approval is to be obtained by the
Landlord at the Landlord's costs.
3. No alteration, addition, improvement, erection, installation or
interference to or in the Demised Premises or the fixtures and fittings
therein is permitted without the prior written consent of the Landlord or
HDB or the relevant authorities. No work shall be undertaken by any
contractor not registered with the HDB.
4. The Tenant must at all times and at the Tenant's own cost, comply with and
observe any height restrictions on buildings and structures at the Demised
Premises which may be imposed by the HDB or the relevant authorities.
5. The Tenant must submit drawings/ layout with details of equipment loading/
weight endorsed by a registered structural engineer to the Landlord.
6. The Tenant must not use any forklifts that is not battery operated on the
Production Floor.
7. The Tenant shall submit to the Landlord all fitting out plans which shall
have been prepared at the Tenant's own costs and expense for the
Landlord's written approval. No fitting-out work shall be carried out by
the Tenant unless and until the Landlord and the competent authorities
have granted their respective written consents to the Tenant's fitting-out
plans as may be required by the Landlord and/or the competent authorities
to be submitted.
4(s)-16
THE THIRD SCHEDULE ABOVE REFERRED TO
1. Air conditioning charges; The Landlord will operate the central
chilled-water air-conditioning system with air-handling units at a
charge of S$0.7434 per 1000 square feet per hour.
2. Service Charge: $6,500.00 per month
The Landlord shall have the right to vary the Service Charge at the
Landlord's absolute discretion for any increase in costs or expenses
in connection with the provision of services.
4(s)-17
THE FOURTH SCHEDULE ABOVE REFERRED TO
-----------------------------------------------------------------------------------------
RENTAL SPACE LIST OF ITEMS
-----------------------------------------------------------------------------------------
Item Description Quantity Location
-----------------------------------------------------------------------------------------
1 Xxxxx vacuum pump RS 250 -138 12 ASRS rooftop
-----------------------------------------------------------------------------------------
2 Xxxxx vacuum pump electrical panel 1 ASRS rooftop
-----------------------------------------------------------------------------------------
3 Air compressor Xxxxxxxxx Xxxx SSR ML75 3 Air compressor room
-----------------------------------------------------------------------------------------
4 Air compressor Hitachi OSP-37 U5AI 2 Air compressor room
-----------------------------------------------------------------------------------------
5 Ultrafilter dessicant dryer TMS 300 2 Air compressor room
-----------------------------------------------------------------------------------------
6 Air dryer TMS 190 1 Air compressor room
-----------------------------------------------------------------------------------------
7 Mechanical ventilation for air 1 lot Air compressor room
compressor
-----------------------------------------------------------------------------------------
8 Air compressor piping works 1 lot Air compressor room
-----------------------------------------------------------------------------------------
9 Air compressor electrical panel 1 Air compressor room
-----------------------------------------------------------------------------------------
10 Liebert aircooled aircon 1 1st floor production lab
-----------------------------------------------------------------------------------------
11 Liebert electrical panel 1 1st floor production lab
-----------------------------------------------------------------------------------------
12 Raised flooring 1 1st floor production lab
-----------------------------------------------------------------------------------------
13 Daikin VRV aircon 1 1st floor production
-----------------------------------------------------------------------------------------
14 Roller shutter (Xxxxxxxx) 8 1st floor shipping
-----------------------------------------------------------------------------------------
15 Air curtains for shutters / doors 18 1st floor shipping
(National)
-----------------------------------------------------------------------------------------
16 Docklevelers 7 1st floor shipping
-----------------------------------------------------------------------------------------
17 Office workstations 66 1st floor production
-----------------------------------------------------------------------------------------
18 Office partitions 1 lot 1st floor production
-----------------------------------------------------------------------------------------
19 Pallet of equipment for export 2 1st floor receiving office
-----------------------------------------------------------------------------------------
20 Compactus shelving 1 lot 1st floor production
-----------------------------------------------------------------------------------------
21 Carrier chilled water fan coil unit 3 1st floor production
-----------------------------------------------------------------------------------------
22 ASRS air cooled chiller 2 ASRS rooftop
-----------------------------------------------------------------------------------------
23 ASRS chilled water pumps 3 ASRS rooftop
-----------------------------------------------------------------------------------------
24 AHU (ASRS) 4 ASRS rooftop
-----------------------------------------------------------------------------------------
25 Switchboard ASKS (for cranes, 1 lot ASKS rooftop
lightings, power points, chillers, AHU,
external floodlights DBs)
-----------------------------------------------------------------------------------------
26 Production lightings 1 lot 1st floor production
-----------------------------------------------------------------------------------------
27 ASRS lightings 1 lot ASRS
-----------------------------------------------------------------------------------------
4(s)-18
IN WITNESS WHEREOF the Landlord and the Tenant have hereunto set their
respective hands the day and year first above written.
SIGNED by )
for and on behalf of the Landlord )
APPLE COMPUTER LIMITED )
in the presence of:- )
SIGNED by the Tenant )
ASE SINGAPORE PTE LTD )
in the presence of:- )
Xxx Xxxx Mun
General Manager
ASE Singapore Pte. Ltd.
4(s)-19
