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OFFICE PREMISES
DATED DECEMBER
1, 1997.
WIDE HARVEST INVESTMENT LIMITED
and
EQUITY MARKETING HONG KONG, LTD.
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TENANCY AGREEMENT
of
Suite Nos. 10,11,12,13 and Store Room A
on the 00xx Xxxxx xx Xxxxx 0, Xxxxx Xxxx Xxxx Xxxx,
Xxxxx Xxxxx Xxxxxxxx, Xxxxxx Xxxx, Xxxxxxx.
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XXXXX & XxXXXXXX
Solicitors
1401 Xxxxxxxxx House
Hong Kong
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AN AGREEMENT made the first day of December One thousand nine
hundred and ninety-seven
Parties BETWEEN WIDE HARVEST INVESTMENT LTD whose registered
office is situate at 00xx-00xx Xxxxx, Xxxx Xxx Xxxx Xxxxxx,
Xxxxxxxxx Xxxx, Xxxxxxx, Xxxx Xxxx (hereinafter called "the
Landlord which expression shall include its successors and
assigns") of the one part and the person, firm or company
set out in Part I of the First Schedule hereto (hereinafter
called "the Tenant") of the other part.
WHEREBY IT IS AGREED as follows :-
Premises 1. In consideration of the rent hereinafter
mentioned and of the terms by the Tenant hereinafter
contained the Landlord hereby lets and the Tenant hereby
takes ALL THAT Portion of the building as set out in Part II
of the First Schedule hereto forming part of the Office
Towers of CHINA HONG KONG CITY, CHINA XXXXX XXXXXXXX Xxxxxx
Xxxx, Xxxxxxx, Xxxx Xxxx (hereinafter referred to as "the
said building") (which said Portion for the purpose of
identification only is delineated and described on the Plan
hereto annexed and thereon coloured Pink and marked "P")
(hereinafter called "the said premises") standing on ALL
THAT piece or parcel of ground registered in the Land
Registry as KOWLOON INLAND LOT NO. 10743 TOGETHER with the
use and enjoyment in common with the Landlord and/the other
persons entitled thereto of the entrances, staircases,
landings, lavatories, corridors and passages in the said
building insofar as the same are necessary for the proper
use and enjoyment of the said premises AND TOGETHER with the
use in common with others having the like right of the lifts
escalators and central air-conditioning services serving the
said premises whenever the same shall be operating for the
term defined in Part III of the First Schedule hereto ("the
said term") YIELDING AND PAYING therefor throughout the term
such rent and other charges as are from time to time payable
in advance and in accordance with the Provisions set out in
the Second Schedule and subject to the Tenant's use,
occupation and enjoyment of the said premises only for the
purposes set out in Part IV of the First Schedule hereto and
not for any other purposes whatsoever.
Rental deposit 2. The Tenant shall on the signing hereof
deposit with the Landlord the sum specified in Part V of the
First Schedule hereto (adjusted where necessary in the
manner hereinafter provided) and security for the due
payment of the said rent and the due observance and
performance of the terms conditions and stipulations herein
contained and on the part of the Tenant to be observed and
performed and the said deposit shall be retained by the
Landlord throughout the said term free of any interest to
the Tenant with power for the Landlord without prejudice to
any other right or remedy hereunder to deduct therefrom the
amount of any rent, surcharge or other payments fall due
under this Agreement and subject as aforesaid the same or
the balance thereof after satisfaction of the amount of any
costs, expenses, loss or damage sustained by the Landlord as
a result of any non-observance or non-performance by the
Tenant of any such agreement stipulation or condition shall
be returned to the Tenant without compensation or interest
within 45 days
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after the Tenant shall have delivered up vacant possession
of the said premises pursuant to Clause 5(j) hereof PROVIDED
that any sum already paid by way of part payment on account
of the deposit shall be automatically transferred as part
payment of the monies payable under this Clause and only the
balance shall then be payable at the time stipulated herein
but without prejudice to the Landlord's rights to claim any
further damages which the Landlord has sustained or may
sustain.
3. The Tenant to the intent that the obligations hereunder
shall continue throughout the said term of tenancy hereby
agrees with the Landlord as follows :
Rent and (a) (i) To pay the said rent and surcharge on the
surcharge days in manner aforesaid without any
deduction or set-off.
Computation of (ii) If the day on which the rent, surcharge or
time of payment other payments falls due under this
Agreement is a public holiday, the
relevant payment of rents, surcharge or
otherwise shall be due and payable on
the preceding business day.
(iii) The Landlord is not obliged to accept
payment of amounts payable hereunder in
any form other than banknotes and if
payment is made by the Tenant by cheque,
such cheque must reach the office of the
Landlord before 3:30 o'clock in the
afternoon if such payment is made on any
weekday except Saturday, and before 12
noon if such payment is made on a
Saturday otherwise the payment shall be
deemed to have been paid by the Tenant
on the following day and the Tenant
shall be deemed to have defaulted in
making due payment.
Adjustment of (iv) If at any time during the said term the
charges operating cost relative to the supply of
the said air-conditioning and/or the
costs and expenses of management of the
said building shall have risen over
costs prevailing at the commencement of
the said term the Landlord shall be
entitled to serve one month's notice in
writing upon the Tenant to increase the
said surcharges or any of them by
appropriate amount(s) and thereafter
such increased charges shall prevail.
Further increase shall be made in the
same manner in the event of costs rising
after an earlier notice of increase
shall have become operative. The
Landlord's assessments of the
appropriate increase shall be conclusive
and binding on the Tenant.
Additional air- (v) If the Tenant shall require air-
conditioning conditioning outside the hours set out in
charges Clause 4(c) hereof, the same can normally
be provided on not less than 48 hours
notice in writing stipulating at what
time the Tenant shall require additional
air-conditioning the Landlord at such
adjusted rates as may be charged by the
Landlord from time to time.
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(vi) Should the surcharge be increased in
accordance with the provisions of Clause
3(a)(iv) of this Agreement or should
there be any other increase in the rent
during the term, the Tenant shall upon
such increase becoming applicable pay to
the Landlord by way of an increase in
the said deposit a sum proportional
thereto in order to restore the ratio of
deposit to the rent plus the surcharge
to that previously subsisting and the
payment of such increase should be a
condition precedent to the continuation
of this tenancy.
Rates (b) (i) To pay and discharge punctually during the
said term all rates, Government rent,
taxes, assessments, duties, charges,
impositions and outgoings of an annual
or recurring nature whatsoever now or
hereafter to be assessed imposed or
charged on the said premises or upon the
owner or occupier in respect thereof by
the Hong Kong Government or other lawful
authority (Property Tax only excepted).
(ii) In the event that an assessment to rates
in respect of the said premises shall be
raised directly upon the Landlord the
Landlord shall during the month
immediately preceding any quarter in
respect of which such rates may fall due
be at liberty to debit the Tenant with
the amount thereof and the same shall
forthwith be paid by the Tenant to the
Landlord whereupon the Landlord shall
account for the same to the Government
of Hong Kong.
(iii) In the event that no valuation of the said
premises shall have been made in
accordance with the Rating Ordinance
(Cap.116) or any statutory amendment or
modification thereof for the time being
in force the Landlord shall be at
liberty and entitled to make an interim
valuation equivalent to 7.5% of the
annual rents of the said premises and to
debit the Tenant with the amount which
would be payable upon such interim
valuation and the same shall forthwith
be paid by the Tenant to the Landlord
and any over-payment or under-payment by
the Tenant on such interim valuation
shall be adjusted when a valuation under
the Rating Ordinance shall have been
made known.
(iv) The Landlord shall be entitled to treat
non-payment of any amount debited to the
Tenant in accordance with the foregoing
provisions of this Clause or any part
thereof in all respects as non-payment
of rent under this Agreement.
Water, gas and (c) To pay and discharge punctually during the said
electricity charges term all charges (including all necessary
deposits) in respect of water, gas, electric
light, power and telephones as may be shown by the
separated meter
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or meters installed upon the said premises or by
accounts rendered to the Tenant.
Cleaning charges (d) To keep the said premises in clean and sanitary
condition and to employ cleaning contractors for
the said premises which cleaning contractors shall
be only such persons or such firm as may be
nominated by the Landlord. Such cleaning
contractors shall be employed at the sole expense
of the Tenant and at the rate agreed by the
Landlord with the contractors and on such terms
and conditions which shall have been previously
approved by the Landlord, all such payments to be
made by the Tenant to such contractors direct. In
case the Tenant shall have for disposal wet
garbage or any garbage of a perishable nature
including but not limited to food or food remains,
the Tenant shall use plastic bags of such
standards, size and thickness as shall be
prescribed by the Landlord for the removal or
disposal of such garbage and shall direct and
procure cleaning contractors appointed as
aforesaid to use such plastic bags for such
purposes at the sole costs of the Tenant.
Interior Fitting out (e) To fit out the interior of the said premises in
accordance with the drawings approved by the
Landlord. The Tenant will not cause or permit to
be made any variation to the interior design or
layout of the said premises without the prior
written approval of the Landlord first having been
obtained.
Fitting up (f) To fit up the said premises in a style and manner
appropriate to a first class office building and
so to maintain the same throughout the said term
in good condition and repair to the satisfaction
of the Landlord.
Decoration works (g) To construct at the Tenant's own expense within
the said premises by the Tenant or furnish items
to the said premises as follows:
(i) (a) A ceiling of non-combustible
material and electrical light
fittings. In case of extension or
relocation of the sprinkler heads
and/or the smoke detectors and other
fire services equipment installed by
the Landlord is needed, the cost of
such work will be paid by the Tenant.
(b) Vertical window blinds, tracks and
fittings and Tenant's expenses.
(ii) Paint and decorate the interior of the
said premises.
(iii) Furnish and install floor fill and floor
finishes. PVC tiles shall not be used
unless approved by the Landlord.
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(iv) With the relevant plan showing all the
details including but not limiting to
the gauge of wire, etc. duly approved in
writing in advance by the Landlord,
complete all internal electrical and
mechanical installations (heating,
ventilation, air-conditioning, plumbing,
drainage and fire services) of
workmanships and materials of a standard
to the approval of the Landlord.
(v) Furnish and install or arrange for the
installation of telephones as well as
other Tenant's requirements within the
said premises together with such meters
as are necessary to measure the Tenant's
consumption thereof.
(vi) Install, support and connect all
lighting fixtures, including lamps,
switches and wiring, save that in the
case of support involving cutting into
structure prior written approval of the
Landlord will be required.
(vii) Install such fire extinguishers or other
means of fire-fighting equipment inside
the said premises as may be required
from time to time by all relevant
Ordinances and regulations of the Hong
Kong Government.
Telephone System (h) To install at the Tenant's own expense empty
conduits for telephone service to the said
premises. Telephone service to the premises shall
only be installed by the Hong Kong Telephone
Company Limited and the Tenant shall leave pull
wire in all conduits and pay to the Landlord the
expenses incurred in the installation of telephone
jacks and conduits to the said premises.
Electrical Testing (i) To test all circuits for shorts and ground and to
balance loads on all panels.
Pass for Service (j) The Tenant agrees that permanent utility lines
may pass through the ceiling cavity of the said
premises to service other premises and areas in
the said building.
Building Service (k) To employ at the Tenant's expenses only such
& Builder's Work contractors as may be nominated by the Landlord
from time to time for the purpose of designing and
carrying out and installing all the necessary
building services and builder's work as
hereinafter defined in the said premises in manner
as prescribed by the Landlord or its nominated
contractors and in particular to pay the Landlord
vetting fees consultancy fees and relating charges
at the pre-determined scales as set out by the
Landlord. For the purpose of this sub-clause,
subject to amendments/alterations from time to
time and to such extent as the Landlord shall in
its discretion deem appropriate or necessary.
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(a) The expression "building services" shall mean all
mechanical and electrical engineering work and
arrangement related to the said premises including
but not confined to electrical air-conditioning,
plumbing, building automation and fire fighting
installation.
(b) The expression "Builders' work" shall mean all
renovation work not specified under "building
service" including but not confined to light
track, light trough and graphic panel.
Submission of (1) (i) All specification, prints, copies and
Information drawing information or materials are to
be furnished by the Tenant as required
by the Landlord and shall be delivered
to the Landlord's office.
(ii) Prior to the commencement of construction
of Tenant's work, the Tenant shall
furnish the Landlord with the following
information and items:
(1) The name and address of the
appointed design/agent for the said
premises.
(2) The name(s) and address(es) of the
general contractor(s) the Tenant
intends to engage in the
construction of Tenant's work
(3) The name and address of the Tenant's
authorized agent/representative, if
any.
(4) The actual commencement date of
interior decoration and the
estimated date of completion of
decoration work, fixturing work, and
date of projected opening.
(iii) The Tenant when notified by the Landlord
has to submit office layout drawing
within 2 weeks to the Landlord for its
approval.
(iv) For the nominated mechanical and electrical
contractors to prepare the corresponding
designs and drawings, the Tenant shall
provide the Landlord the followings:
(1) Three copies of the reflected
ceiling plan with schedule on
voltage, type, wattage, quantity and
location of outlets for all light
fittings and air-conditioning.
(2) Three copies of the floor plan with
partitions.
(3) Three layout prints of all case work
including the
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location of all sockets, switches,
fuse box, telephone points, size,
weight and location of safe, if any.
(4) Three sets of elevations to describe
the space with all electric outlets.
Statutes, Codes & (m) The Tenant shall have the sole responsibility to
Ordinances comply with all applicable statutes, codes,
ordinances and other regulations for all work
performed by or on behalf of the Tenant within the
said premises and the Landlord or the Landlord's
agents or representative's approval of plans,
specifications, calculations or of the Tenant's
work shall not constitute any implication,
representation or certification by the Landlord
that the said improvements are in compliance with
said statutes, codes, ordinances, and other
regulations.
Inspection by (n) All Tenant's work shall be subject to the
Landlord inspection of the Landlord, the Landlord's
Architect and Landlord's General Contractor from
time to time during the period in which Tenant's
work aforesaid is being performed.
Reimbursement to (o) The Landlord shall have the right to perform on
Landlord behalf of and for the account of the Tenant, any
of the Tenant's work which the Landlord determines
shall be so performed. Such work shall be limited
to work which the Landlord deems necessary to be
done on an emergency basis, work caused by the
Tenant's fault, and work which pertains to
structural components, the general utility systems
for the said Building and the erection of
temporary safety barricades and temporary signs
during construction.
Good repair of (p) To keep all the interior of the said premises,
interior the flooring and interior plaster or other
finishing material or rendering to walls floors
and ceilings, and the Landlord's fixtures therein
and all addition thereto including doors, window,
electric wires and installations and fittings for
light and power in good clean, tenantable and
proper repair and condition and properly preserved
and painted as may be appropriate when from time
to time required and to so maintain the same at
the expenses of the Tenant and deliver up the same
to the Landlord at the expiration or sooner
determination of the term in such repair and the
like condition (fair wear and tear excepted).
Replacement of (q) To reimburse to the Landlord the cost of
windows replacing all broken and damaged windows door
glass and fixtures within the said premises
whether the same be broken or damaged by the
negligence of the Tenant or owing to circumstances
beyond the control of the Tenant.
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Good repairs & (r) To keep all taps lavatories wash basins sinks
replacement of sanitary and water apparatus and other internal
sanitary apparatus pipes and all drains & electrical (if any) in or
wiring belonging to the inside of the said premises
clean and in good order and repair and to keep in
clean and good order and repair all other pipes
and all wires cables conduits fittings and
apparatus within or exclusively serving the said
premises and used for or in connection with the
services of water gas or electricity in the said
premises (fair wear and tear save and excepted)
and to repair or replace the same (including burnt
out fluorescent tubes or light bulbs) at the
expenses of the Tenant if so required by the
Landlord or other competent authority. In the
event of the Tenant failing to proceed diligently
with the necessary repairs or replacements so
required within 14 days after the landlord has
notified the Tenant in writing then the Landlord
may proceed with such repairs or replacement and
recover all costs incurred thereby from the Tenant
as a debt.
Cleansing & (s) In the event of the pipes or drains of the said
Clearing of Drains building becoming choked or stopped up owing to
the careless use by the Tenant its servants agents
licensees invitees the Tenant shall pay the costs
incurred by the Landlord in cleansing and clearing
the same from obstruction.
Entry by Landlord (t) To permit the Landlord or its agents with or
without workmen or other persons authorised by it
and with or without appliances at all reasonable
times to enter into and upon the said premises and
to examine the conditions thereof and thereupon
the Landlord may serve upon the Tenant notice in
writing specifying any repairs necessary to be
done and require the Tenant forthwith to execute
the same and if the Tenant shall not within ten
days after the service of such notice proceed
diligently with the execution of such repairs then
to permit the Landlord to enter upon the said
premises and execute such repairs and the costs
thereof (the amount thereof in case of difference
to be determined by the Landlord's agent) together
with the interest thereon at the rate of 2% per
month calculated from the date on which such costs
are incurred by the Landlord to be paid by the
Tenant shall be a debt due from the Tenant to the
Landlord and be forthwith recoverable by action.
Entry by the (u) To permit the Landlord or its authorised agents at
Landlord to carry all reasonable times to enter the said premises
out repairs and for the purpose of taking inventories of fixtures
take inventories therein and carrying out any repairs therein
provided that in the event of emergency the
Landlord or its authorised agents may without
notice enter the said premises forcibly and the
Tenant shall at its own expense reinstate the
entrance to the said premises to its original
position.
Entry by the (v) To keep all windows and doors of the said premises
Landlord to close closed and to permit the Landlord or its servants
and agents and others from time
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Windows and to time during the said term to enter upon the
doors said premises for the purpose of closing any
doors or windows.
Notify Landlord (w) To notify the Landlord in writing of any
of damage accidents to or defects in the water pipes gas
pipes electrical wire or fittings fixtures or
other facilities provided by the Landlord in the
said premises whether or not the Tenant is liable
hereunder for the repair of the same forthwith
upon the Tenant becoming aware whether actually or
constructively of the same arising and to
indemnify the Landlord against any claim made
against the Landlord by any third party and any
loss suffered by the Landlord either directly or
indirectly as a result of any breach by the Tenant
of this provision.
To make good & (x) To make good and pay for all damage caused by the
take care of all Tenant his servants or licensees to any fixtures
articles provided fittings and other articles in the said premises
by Landlord and provided by the Landlord and shall take
reasonable care of the same and shall not remove
any of them from the said premises.
Repair of (y) To permit the Landlord and its duly authorised
neighbouring agents workmen and others appointed by it at all
premises reasonable times during the said term (but upon
giving a reasonable previous notice in writing
save in case of emergency) to enter into and upon
the said premises and to execute any works of
renewal cleansing alteration or repair to any
adjacent or neighbouring premises or to the
building of which the said premises form part.
Combustible or (z) Not to store or bring upon the said premises or
dangerous goods any part thereof any unlicensed arms ammunition
gun-powder spirits saltpetre or kerosene any
articles of a specially combustible inflammable or
unlawful goods or dangerous nature.
Storage of goods (aa) Not to use the said premises or any part thereof
for the storage of goods or merchandise other than
in small quantities consistent with the nature of
the Tenant's business by way of samples and
exhibits.
Insurance against (ab) To indemnify the Landlord against any proceedings
claims loss/damage from actions or demands whatsoever by any person for
Interior Defects loss and damage suffered as a result of the
want of repair of the interior of the said
premises or the spread of fire or the overflow of
water or the escape of any substance or anything
from the said premises due to the default or
negligence of the Tenant its servants agents
licensees or customers; and to effect and maintain
a policy or policies of insurance which should
include the Landlord's properties and fixtures
inside the said premises against the risks
hereinbefore mentioned in a reputable insurance
company to be approved by the Landlord in such
amount as the Landlord may reasonably determine
and to produce to the Landlord the policy or
policies and the receipt on request provided
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always that if the Tenant shall at any time fail
to keep such insurance on foot the Landlord may do
all things necessary to effect and maintain such
insurance and any monies expended by the Landlord
for that purpose shall be recoverable from the
Tenant on demand.
Breach of (ac) Not to do or permit to be done anything whereby
Insurance Policy the policy or policies of the insurance of the
said building against damage by fire or other
risks for the time being subsisting may become
void or voidable or whereby the rate of premium
thereon may be increased and the premium and all
expenses incurred by the Landlord in or about any
renewal or such policy or policies rendered
necessary by breach of this term shall be borne by
the Tenant and shall be recoverable from the
Tenant by the Landlord on demand.
Illegal or immoral (ad) Not to use or permit or suffer to be used the said
purposes premises or any part thereof for any illegal or
immoral purposes.
Installation & (ae) (i) To fit out the interior of the said
Alterations premises in accordance with the drawings
approved by the Landlord and not without
the prior written consent of the Landlord
to make any alteration or addition to the
said premises or any part thereof either
internally or externally or to any fixtures
or fittings or electrical wiring or
electrical mechanical or air-conditioning
installations therein or to any item
therein (whether or not of a structural
nature).
(ii) Not to place in or upon any part of the
said premises or the said building any
equipment apparatus machinery or load
likely to or which may cause damage
thereto and not to cause permit or
suffer any load to be placed in any part
of the said premises if the weight of
such load exceeds that permitted from
time to time by the Landlord in using
the said premises or the said building
or any lifts serving the same or any
other thing in or upon the said premises
or the said building.
(iii) Not to install set up or affix or permit
to be installed set up affixed in or
upon the said premises or any part
thereof in any manner whatsoever any
engine machinery or mechanical device or
plant or air-conditioning or heating
system.
(iv) To observe and comply with all rules
regulations and instructions from time
to time prescribed by the Landlord or
its authorised representative or officer
in carrying out any alterations
additions or improvements to the said
premises.
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(v) To observe and comply with all rules
regulations and instructions from time
to time prescribed by The China Light &
Power Company Limited or the relevant
authority relating to the electrical
wiring and installation in the said
premises.
(vi) Not to cut maim injure damage alter or
interfere with any of the walls
structural members pipes drains
appurtenances electrical cables wires
fixtures or fittings of or in the said
premises or any part thereof or suffer
or permit the same to be done.
(vii) Not to change or in any way to alter the
standard entrance door provided by the
Landlord for access to and egress from
the said premises without having first
obtained the written consent of the
Landlord therefor.
(viii) Not to install additional locks bolts or
additional fittings to the entrance
doors of the said premises or in any way
to cut or alter the same without having
first obtained the written consent of
the Landlord therefor.
(ix) To display and decorate the show windows
up to a first class standard and in such
manner as not to be offensive to the
Landlord who has the right to require
the removal of any part of the display
as in the Landlord's absolute discretion
considers offensive.
Protection from (af) To take all necessary precautions to protect the
typhoon interior of the said premises against damage by
storm typhoon heavy rainfall or the like and in
particular to ensure all exterior doors and
windows are securely fastened upon the threat of
such adverse weather conditions.
Subletting (ag) Not to assign underlet or otherwise part with the
Assigning possession of the said premises or any part
thereof in any way whether by way of subletting
lending sharing or other means whereby any
organization company firm or person or persons not
a party to this Agreement obtains the use or
possession of the said premises or any part
thereof irrespective of whether any rental or
other consideration is given for such use or
possession and in the event of any such transfer
sub-letting sharing assignment or parting with the
possession of the said premises (whether for
monetary consideration or not) this Agreement
shall absolutely determine and the Tenant shall
forthwith vacate the said premises on notice to
that effect from the Landlord. The Tenancy shall
be personal to the Tenant named in this Agreement
and without in any way limiting the generality of
the foregoing the following acts and events shall,
unless approved in writing by the Landlord, be
deemed to be breaches of this Clause:
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(i) In the case of a tenant which is a
partnership the taking in of one or more
new partners whether on the death or
retirement of an existing partner or
otherwise.
(ii) In the case of a tenant who is an
individual (including a sole surviving
partner of a partnership tenant) the
death insanity or disability of that
individual to the intent that no right
to use possess occupy or enjoy the said
premises or any part thereof shall vest
in the executors administrators personal
representatives next of kin trustee or
committee of any such individual.
(iii) In case of a tenant which is a
corporation any take-over reconstruction
amalgamation merger voluntary
liquidation or change in the person or
persons who owns or own a majority of
its voting shares or who otherwise has
or have effective control thereof.
(iv) The giving by the Tenant of a Power of
Attorney or similar authority whereby the
donee of the Power obtains the right to use
posses occupy or enjoy the said premises or
any part thereof or does in fact use
possess occupy or enjoy the same.
(v) The change of the Tenant's business name
without the previous written consent of the
Landlord which consent the Landlord may
give or withhold at its discretion.
Compliance with (ah) To carry out and comply with all ordinances
ordinance, Crown regulations by-laws and rules and all notices and
Lease and Deed of requirements of the appropriate government
Mutual Covenant authorities in connection with or in relation to
the said premises and not to do anything or suffer
or permit anything to be done in contravention of
the provisions of the Conditions of Sales or Crown
Lease and Deed of Mutual Covenant under which the
Landlord holds the said premises and to indemnify
the Landlord against any breach of the terms of
this clause.
Noise (ai) Not to do or permit or suffer to be done upon the
said premises or any part thereof any music noise
(including sound produced by broadcasting from
Television, Radio and any apparatus or instrument
capable of producing or reproducing music and
sound) or other act matter or thing whatsoever
which may be or tend to the nuisance annoyance
damage or disturbance of the Landlord or the
owners tenants lessees or occupiers of any
adjoining or neighbouring premises.
Responsible for (aj) To be wholly responsible for and to indemnify the
acts of servants Landlord against all damage loss or injury
occasioned to the said premises or any part of the
said building or any adjacent or neighbouring
premises to any
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agents and person whether directly or indirectly through the
licensees defective or damaged conditions of any part of
the interior of the said premises or any fixtures
fittings wiring or piping therein for the repair
of which the Tenant is responsible hereunder or
through or in any way owing to the spread of fire
or smoke or the leakage or overflow of water
including storm or rain water from the said
premises or any part thereof or through the act
default or neglect of the Tenant or the servants
agents licensees or invitees of the Tenant.
Preparation of (ak) Not to prepare or permit or suffer to be prepared
food any food in the said premises.
Sleeping of (al) Not without the Landlord's prior permission in
domestic use writing, permit any person to remain in the said
premises overnight. Such permission shall only be
given to enable the Tenant to post watchmen to
look after the contents of the said premises,
which shall not be used as sleeping quarters or as
domestic premises within the meaning of the
Landlord and Tenant (Consolidation) Ordinance for
the time being in force.
Installation in (am) Not to lay, install, affix or attach any wiring,
Common Area, cables or other article or thing whatsoever in or
etc. upon any areas or parts of the Building in
common use or in any place which is not hereby
exclusively let to the Tenant.
Obstructions in (an) Not to encumber obstruct or permit to be
common area encumbered or obstructed with any boxes,
packaging, merchandise, rubbish or other articles
or obstructions of any kind or nature at any of
the entrances, exits, staircases, landings,
passages, lifts, escalators, lobbies or other
parts of the said building not included in the
said premises. In addition to any other remedies
which the Landlord may have hereunder, the
Landlord, its servants or agents may without any
prior notice to the Tenant remove any such
obstruction and dispose of the same as they may
think fit without incurring any liability therefor
and the Tenant shall on demand pay to the Landlord
all costs and expenses incurred in such removal.
Signs (ao) Not to affix, erect, attach, exhibit, display or
permit or suffer so to do to be done upon any part
within or on the exterior of the said premises or
to or through any windows thereof any writing
sign, decoration, signboard notice advertisement
placard neon light or other device whether
illuminated or not which may be visible from
outside the said premises except the display of
name-plate or signboard of the Tenant and their
lawful subtenant or licensee at the entrance to
the said premises the size and position of such
name-plate or signboard shall be subject to the
approval of the Landlord. The Landlord or its
authorised agents shall have absolute discretion
in granting or refusing such approval and any
approval to
15
be granted shall be subject to such conditions as
the Landlord or its authorised agents may think
fit. The landlord or its authorised agents shall
have the right to remove at the cost and expense
of the Tenant any unauthorised writing, sign,
decoration signboard notice advertisement placard
neon light or device affixed or put up or
displayed without the proper approval of the
Landlord or its agents.
Sale by auction or (ap) Not to permit or suffer to be held upon the said
etc. premises any sales by auction, fire, bankruptcy,
closing-down or sale of similar nature or any
discount-type of retail business or any form of
unethical business operation Provided that this
clause shall not preclude genuine promotional,
clearance or periodic seasonal sales.
Movement of safe (aq) Not to move any safe heavy machinery equipment
and heavy and freight bulky matter or fixtures in and out
machinery of the said building during normal office hours
without first obtaining the Landlord's written
consent. The Tenant shall keep the Landlord
indemnified against all damages sustained by any
person or property and for any damages or monies
paid out by the Landlord in settlement of any
claim or judgments as well as legal costs incurred
in connection therewith and all costs incurred in
repairing any damage to the said building or its
appurtenances resulting from movement of any heavy
machinery equipment freight bulky matter or
fixtures. The Tenant requiring to move to and from
the said building such items undertakes at all
times to use the service lifts provided by
Landlord for such purposes and to notify Landlord
and arrange with the Landlord a suitable time for
such deliveries to be effected.
Adjacent (ar) If any excavation or other building works shall be
excavation or made or authorised in the vicinity of said
shoring building, the Tenant shall permit the Landlord his
servants or agents to enter the said premises to
do such work as may be deemed necessary to
preserve the exterior wall of the said building
from injury or damage without any claim for
damages or indemnity against the Landlord.
Floor loading (as) The Tenant shall not place any load upon any
floor of the said premises in excess of the
loading capacity for which the floor is designed.
The Landlord preserves the right to prescribe the
weight and position of all safes and any heavy
articles which must be placed so as to distribute
the weight. Business machines and mechanical
equipment authorised by the Landlord shall be
placed and maintained by the Tenant at the
Tenant's expense in settings sufficient in the
Landlord's judgment to absorb and prevent
vibration noise and annoyance to occupiers of the
other portions of the said building.
Vermin (at) The Tenant shall take all due precautions to
ensure that the said premises do not become
infested with insects or vermin. In the
16
event of the premises becoming so infested the
Tenant shall pay the cost of extermination as
arranged or approved by the Landlord and the
selected exterminators shall be given full access
to the said premises for such purpose.
Rules and (au) To observe faithfully and comply strictly with
Regulations such reasonable Rules and Regulations as the
Landlord or the Landlord's agents from time to
time prescribe for the proper management and
maintenance of the said premises and the said
building. Notice of any additional Rules or
Regulations shall be given in such manner as the
Landlord may elect. The Rules and Regulations set
out in the Third Schedule hereto and such
additional Rules or Regulations shall constitute
the initial Rules and Regulations binding upon the
Tenant and shall have the same force and effect as
if set out in the body of this agreement.
Keep premises (av) To keep the said premises well and sufficiently
well lighted lighted throughout the business hours of the
Tenant.
No incense to be (aw) Not to burn or permit to be burnt incense in the
burnt said premises or in any part of the said building.
Fire Risk (ax) Not to do or permit any act or thing to be done
which is likely to cause any fire risk or other
hazard in the said building.
Loading & (ay) To ensure that the Tenant's employees servants
Unloading Areas agents or visitors do not obstruct those areas of
the building allocated to temporary vehicle
parking or designated as loading/unloading areas
and at all times comply with the directions of the
Landlord staff and accredited agents in exercising
due control of such areas and the delivery of
goods generally.
Toilet Facilities (az) To use in common with others the lavatories and
washing accommodations and facilities provided by
the Landlord in the said building and not to
permit or suffer the same to be used in any
improper manner or whereby the soil or waste pipes
may become impeded or blocked and at all times to
indemnify the Landlord against liability for
damage by the escape of water thereby caused to
the properties or effects of the tenants or
occupiers of the other part of the said building.
Parking (ba) Not to park in obstruct or otherwise use nor
permit any employee agent or licencee of the
Tenant to park in obstruct or otherwise use these
areas of the said building allocated to the
parking or movement of or access for vehicles or
designated as loading/unloading areas otherwise
than in accordance with the regulations from time
to time made by the Landlord.
17
Use of building (bb) Not without the previous written consent of the
name Landlord to use or permit to be used the
name/logo or any part of the name/logo of the
Landlord or of the said building or any picture
representation or likeness of the whole or any
part of such name/logo or of the said building or
of the said premises in connection with the
business or operations of the Tenant or for any
purpose whatsoever other than to indicate the
address and place of business of the Tenant.
4. The Landlord hereby agrees with the Tenant as follows : -
Quiet enjoyment (a) To permit the Tenant (duly paying the rent
surcharge and rates and observing and performing
the terms and conditions herein contained) to have
quiet possession and enjoyment of the said
premises during the said term without any
interruption by the Landlord or any person or
persons lawfully claiming through under or in
trust for the Landlord.
Roof and main (b) To amend and repair such defects in the roof,
structure main electricity supply cables, main drain pipes,
main walls and exterior windows frames of the said
building and the lifts and the central
air-conditioning plant therein as the Landlord
shall discover or as the Tenant or other
authorised person or Authority shall by notice in
writing bring to the attention of the Landlord and
to maintain the same in a proper state of repair
and condition at the cost of the Landlord PROVIDED
that the Landlord shall be entitled to be given a
reasonable period of time wherein to view any such
defects and to amend and repair the same.
Air-conditioning (c) To provide and maintain lifts, escalators
services air-conditioning service during the hours of
8:00 o'clock in the forenoon to 6:00 o'clock in
the afternoon on weekdays and during the hours of
8:00 o'clock in the forenoon to 2:00 o'clock in
the afternoon on Saturdays (excluding Sundays and
public holidays). The supply of air-conditioning
shall be controlled and regulated by the Landlord
at its sole discretion, and also such electricity
as is attributable to lights of the entrances,
passages, corridors, staircases, landings and
lavatories PROVIDED however the Landlord shall
neither be liable to pay compensation to the
Tenant in respect of any period during which due
to circumstances beyond the control of the
Landlord the proper operation of the said lifts or
central air-conditioning plant shall be
interrupted as the result of defects, mechanical
failure or breakdown or need for repair or
overhaul, nor shall the Landlord be liable thereby
to grant any abatement of rent and/or
air-conditioning service charge in respect of such
interruption.
Property Tax (d) To pay the Property Tax for the time being
payable in respect of the said premises.
18
Maintenance of (e) (i) To be responsible for the maintenance
common parts lighting cleaning operating and servicing
of all the common parts of the said
building.
(ii) To carry out all necessary decoration to
the common parts of the said building as
and when the Landlord shall in its
absolute discretion decide the same is
necessary.
(iii) To keep the common parts toilets and other
parts of the said building for common use
clean and in proper condition.
(iv) To use its best endeavours to maintain lifts
escalators fire and security services
equipment air-conditioning plant and other
facilities of the said building in proper
working order.
Directory board (f) To provide and maintain at the main entrances and
in all other appropriate places suitable directory
boards indicating to all persons entering the said
building the whereabouts of the said premises with
the Tenant's name in such uniform lettering or
characters as shall be designated by the Landlord.
For the avoidance of doubt, the expression "the
Tenant's name" herein contained shall mean the
name of the Tenant as set out in First Schedule of
this Agreement and if the Tenant carries on
business under a name other than his own name such
expression shall mean the first of his business
names as the Landlord shall be notified by the
Tenant. For any subsequent change of the name of
the Tenant or his business name which necessitates
the replacement of the directory board or name
plates thereon, the costs for the new directory
boards and the new name plates shall be borne
solely by the Tenant.
5. It is hereby expressly provided as follows :
Default (a) (i) If the rent or the surcharge reserved or
interest thereon, if any, or any part
thereof shall be unpaid (whether
formally or legally demanded or not) for
fifteen days next after any of the days
on which the same ought to have been
paid or in the case of the breach or
non-performance of any of the
stipulations and agreements herein
contained on the part of the Tenant to
be kept done or performed or if the
Tenant shall become bankrupt or go into
liquidation it shall be lawful for the
Landlord at any time thereafter to
re-enter into and upon the said premises
or any part hereof in the name of the
whole and thereupon this Agreement shall
absolutely determine but without
prejudice to the right of action of the
Landlord in respect of any breach by the
Tenant of the terms of this Agreement.
All costs and expenses incurred
19
by the Landlord in demanding the rent
and the surcharge and other charges (if
the Landlord elects to demand) shall be
paid by the Tenant and shall be
recoverable from him as a debt.
(ii) Notwithstanding anything hereinbefore
contained in the event of default in
payment of rent and the surcharge on the
date on which the same falls due for
payment, the Tenant shall further pay to
the Landlord on demand interest on the
amount in arrears at the rate of (1.5%) per
month calculated from the date on which the
same became due for payment (as stipulated
in Clause 1 hereof) until the date of
payment as liquidated damages and not as
penalty provided that the demand and/or
receipt by the Landlord of interest
pursuant to this provision shall be without
prejudice to and shall not affect the right
of the Landlord to exercise any other right
or remedy hereof (including the right of
re-entry) exercisable under the terms of
this Agreement.
(iii) Notwithstanding anything herein contained
in the event of default in payment of the
surcharge on the date on which the same
falls due for payment or any interest
thereon the Landlord shall in addition to
its other rights under the terms of this
Agreement be entitled to disconnect the
supply of air-conditioning to the said
premises until the amount in arrears shall
have been fully paid by the Tenant without
incurring any liability to the Tenant for
any loss or damages suffered by the Tenant
as a result thereof.
Distraint (iv) For the purpose of Part III of the
Landlord and Tenant (Consolidation)
Ordinance relating to distress for rent or
of these presents the rent payable in
respect of the said premises shall be and
be deemed to be in arrear if not paid in
advance at the time and in manner
hereinbefore provided for payment therefor.
All costs and expenses for and incidental
to the distraint shall be paid by the
Tenant and shall be recoverable from him as
a debt.
Abatement (b) If the said premises or any part thereof are
rendered uninhabitable by fire water storm wind
typhoon defective construction white ants
earthquake subsidence of the ground or any
calamity beyond the control of the Landlord and
not attributable to any failure by the Tenant to
observe and carry out the terms of this Agreement
the rent or a part thereof proportionate to the
extent to which the said premises shall have been
so rendered uninhabitable shall xxxxx and cease to
be payable until the same shall have been again
rendered fit for occupation Provided always that
the Landlord shall not be required to reinstate
the said premises if by reason of the condition
20
of the same or any local Regulations or other
circumstances beyond the control of the Landlord
it is not practicable or reasonable to do so.
Condemnation (c) If at any time during the continuance of this
tenancy the competent authorities shall condemn
the said building as a dangerous structure and it
shall be pulled down or shall make a demolition
order which shall become operative in respect of
the said premises or any part thereof or a closure
order in respect of a part of the said premises
under their powers the tenancy hereby created
shall cease as from the commencement of the
pulling down of the said premises or from the time
when such demolition or closure order shall become
operative.
Expression (d) the expression "the Tenant" shall (where the
of Tenant context permits) mean and include the party or
parties specifically named and shall not include
the executors and administrators or any such party
or where such party is a corporation any
liquidator thereof.
Acceptance of rent (e) The acceptance of rent by the Landlord hereby
stipulated shall not be deemed to operate as a
waiver by the Landlord of any right to proceed
against the Tenant in respect of a breach by the
Tenant of any of the Tenant's obligations herein
contained.
Fire and overflow (f) The Landlord shall not be under any liability to
of water the Tenant or to any other person whomsoever in
respect of any loss or damage to person or
property sustained by the Tenant or any such other
person caused by or through or in any way owing to
the overflow of water or the escape of fumes,
smoke, fire or any other substance or thing from
anywhere within the said building. The Tenant
shall fully and effectually indemnify the Landlord
from and against all claims and demands made
against the Landlord by any person in respect of
any loss, damage or injury caused by or through or
in any way owing to the overflow of water or the
escape of fumes, smoke, fire or any other
substance or thing from the said premises or to
the neglect or default of the Tenant his servants,
agents or licensees or to the defective or damaged
condition of the interior of the said premises or
any fixtures or fittings for the repair of which
the Tenant is responsible hereunder and against
all costs and expenses incurred by the Landlord in
respect of any such claim or demand.
Injury to Tenant (g) The Landlord shall not be liable for any injury
caused by lifts, to the Tenant his servants licensees or invitees
escalators caused by any defect in or by the defective or
negligent working of any lift or escalators in the
said building by the Landlord's servants or
otherwise and the Tenant shall indemnify the
Landlord against all claims actions and
proceedings in respect of such injuries.
21
Accidents and (h) The Landlord shall not be responsible to the
Injury to Tenant's Tenant or the Tenant's licensees servants agents
chattel or other persons in the said premises or calling
upon the Tenant for any accident happening or
injury suffered or damage to or loss of any
chattel or property sustained on the said premises
or in the said building.
Re-Letting notices (i) During the three(3) months immediately preceding
the determination of the said term of tenancy the
Landlord shall be at liberty to affix and retain
without interference upon any external part of the
said premises a notice for re-letting the same and
the Tenant shall permit persons with written
authority from the Landlord or its agents at
reasonable hours of the day to view the said
premises or any part thereof.
Delivery of vacant (j) The Tenant shall deliver up vacant possession of
the said premises possession to the Landlord with
all fixtures fittings and additions therein and
thereto at the expiration or sooner determination
of this Agreement in good clean and tenantable
repair and condition in accordance with the
stipulations herein before contained together with
all keys giving access to all parts of the said
premises provided that where the Tenant has made
any alterations or installed any fixtures fittings
or additions in or to the said premises and
notwithstanding that the Landlord's consent for so
doing may have been obtained, the Landlord may at
its sole discretion require the Tenant at the
Tenant's sole cost and expense to reinstate or
remove or do away with all or any such alterations
fixtures fittings or additions or any part or
portion thereof and to make good and repair in a
proper and xxxxxxx like manner any damage to the
said premises and the Landlord's fixtures and
fittings therein as a result thereof before
delivering up the said premises to the Landlord.
Landlord not (k) the Landlord shall not be bound by any oral
bound by oral representations or oral promises with respect to
representation the said building and its appurtenances or in
respect of the said premises except as herein
expressly set forth with the object and intention
that the whole of the agreement between the
Landlord and the Tenant shall be set forth herein
and in no way modified by any oral discussions
which may have preceded the signing of this
Agreement.
No waiver (l) No condoning excusing or overlooking by the
Landlord of any default breach or non-observance
or non-performance by the Tenant at any time or
times of any of the Tenant's obligations herein
contained shall operate as a waiver of the
Landlord's rights hereunder in respect of any
continuing or subsequent default breach of
non-observance or non-performance or so as to
defeat or affect in any way the right of the
Landlord herein in respect of any such
22
continuing or subsequent default or breach and no
waiver by the Landlord shall be inferred from or
implied by anything done or admitted by the
Landlord unless expressed in writing and signed by
the Landlord.
No excuse for (m) This Agreement and the obligation of the Tenant
non-payment of to pay rent and other sums due hereunder and
rent perform the Tenant's obligations hereunder shall
in no way be affected impaired or excused because
the Landlord is unable due to circumstances beyond
his control to fulfil any of his obligations under
this Agreement or to supply or is delayed in
supplying any service expressly or impliedly to be
supplied or is unable to make or is delayed in
making any repair additions alterations or
decoration or is unable to supply or is delayed in
supplying any equipment or fixtures if the
Landlord is prevented or delayed from so doing by
reason of strike labour troubles shortage of
materials or any outside cause whatsoever or by
reason of any order or regulation of any
department of Hong Kong Government.
No actual eviction (n) the Landlord shall also have the right at any
in certain events time without constituting an actual or
constructive eviction of the Tenant and without
incurring any liability to the Tenant therefor to
install or erect at the entrances passages
passageways doorways corridors landings staircases
lobbies or other public parts of the said building
counters showcases or light boxes or to change the
arrangement and/or location of entrances
passageways doors doorways corridors landings
staircases lobbies lifts escalators toilets or
other public parts of the said building or any
service or apparatus serving the said building and
to change the name number or designation by which
the said building is known.
Stamp Duty and (o) The stamp duty payable on this Agreement shall be
legal costs borne by the parties hereto in equal shares but
the land registration fee (if any) shall be paid
by the Tenant. The Tenant shall also bear Xxxxx &
McKenzie's costs and disbursements of and
incidental to the preparation and completion of
this Agreement calculated a half of 75% of full
scale cost.
Service of notice (p) Any notice hereunder shall be in writing and any
notice to be served by one party on the other
party under the terms of this Agreement shall be
duly served if left at or despatched by registered
post to the last known address of the other party
in Hong Kong.
Approval of (q) No approval by the Landlord is valid unless it is
Landlord in writing and signed by the Landlord or its
authorised agents.
No premium or (r) The Tenant hereby expressly admits and declares
fine that no premium or fine or other consideration or
key money has been paid to the
23
Landlord by the Tenant for the creation of this
tenancy.
Sale and (s) If at any time during the tenancy hereby created
redevelopment the Landlord shall enter into a contract for the
sale of the said building or of any part thereof
which shall include the said premises or if the
Landlord shall resolve to redevelop the said
building or any part thereof whether wholly by
demolition and rebuilding or otherwise, or
partially by renovation, re-furbishment or
otherwise (which intention so to redevelop shall
be sufficiently evidenced by a copy of a
Resolution of its Directors certified to be a true
and correct copy by its Secretary) then in either
of such events the Landlord shall be entitled to
give six clear calendar months' notice in writing
expiring at the end of any calendar month during
the tenancy hereby created terminating this
Agreement and immediately upon the expiration of
such notice this Agreement and everything herein
contained shall cease and be void but without
prejudice to the rights and remedies of either
party against the other in respect of any
antecedent claim or breach of any of the
agreements or stipulations herein set out.
(t) The Tenant hereby expressly agrees to deprive
itself of all rights (if any) to protection
against eviction or ejectment provided by any
existing or future legislation from time to time
in force and applicable to the said premises or to
this tenancy and the Tenant agrees to deliver up
vacant possession of the said premises to the
Landlord on the expiration or sooner termination
of the tenancy hereby created notwithstanding any
rule of law or equity to the contrary.
Reservation of (u) The Landlord reserves the right exercisable
Rights at any time or times : -
(i) To change the name or description of the
said building or any part thereof,
(ii) To make or caused to be made any structural
or non-structural alteration or improvement
in or addition to entrances landings
staircases driveways passages lobbies or
any part of the said building in common
use, without incurring any liability to
make any payment to the Tenant on any
account whatsoever provided that in the
happening of case (i) hereof the Landlord
shall give to the Tenant and the Postal and
other Government Authorities not less than
three months' notice in writing or any such
change.
(iii) The Landlord reserves the right from time
to time and by notice in writing to the
Tenant to make and introduce and
subsequently amend adapt or abolish if
necessary such regulations as it may
consider necessary for the management and
maintenance of the said building as a first
class
24
commercial Building.
(iv) Such regulations shall be supplementary to
the terms and conditions contained in this
Agreement and shall not in any way derogate
from such terms and conditions. In the
event of conflict between such regulations
and the terms and conditions of this
Agreement the terms and conditions of this
Agreement shall prevail.
Special Condition (v) The parties hereto hereby agree that the terms or
conditions or matters set out in the Fourth
Schedule hereto (if any) shall apply to this
Agreement and shall be incorporated as an integral
part of the Agreement.
Joint and Several (w) In this Agreement where the context so permits or
Liability requires the words importing the singular number
shall include the plural number and vice versa and
word importing the masculine gender shall include
the feminine gender and neuter gender and where
there are two or more persons included in the
expression "the Tenant" covenants expressed to be
made by the Tenant shall be deemed to be made by
such persons jointly and severally.
Marginal notes (x) The marginal notes are intended for guidance only
and do not form part of this Agreement nor shall
any of the provisions of this Agreement be
construed or interpreted by reference thereto or
in any way affected or limited thereby.
25
THE FIRST SCHEDULE ABOVE REFERRED TO
PART I
EQUITY MARKETING HONG KONG, LTD. a company incorporated in Delaware, USA and
having its principal place of business in Hong Kong at Xxxxx 00-00, 00xx Xxxxx
Xxxxx 0, Xxxxx Xxxx Xxxx City, 00 Xxxxxx Xxxx, Xxxxxxxxxxx, Xxxxxxx,, Hong kong.
PART II - PREMISES
Suite Nos. 10,11,12,13 and Store Room A on the 00xx Xxxxx xx Xxxxx 0 xx Xxxxx
Xxxx Xxxx Xxxx, Xxxxx Ferry Terminal, Canton Road, Kowloon which for the
purposes of identification only is shown on the Floor Plan annexed hereto and
thereon coloured Pink.
PART III -TERM
Two years commencing from the 1st day of December 1997 to the 30th day of
November 1999 (both days inclusive.)
PART IV - USER
To use or occupy the suites of the said premises or any part thereof solely and
exclusively for the purpose of office and the store room solely and exclusively
for the purpose of a storeroom ancillary to office use which shall not be
changed without the previous written
consent of the Landlord and in particular not to use or permit the same to be
used for domestic purpose or for shops or as sleeping quarters and not to allow
any person to remain in the said premises overnight.
PART V - DEPOSIT
The deposit subject to increase in accordance with Clause 3 (a) (vi) of this
Agreement shall be HK$507,897.00.
26
THE SECOND SCHEDULE ABOVE REFERRED TO
PART I
PARTICULARS OF RENT
The rent throughout the said term hereby created shall be HK$148,950.00 per
calendar month payable in advance on the first day of each and every calendar
month.
PART II
PARTICULARS OF SURCHARGES
The monthly surcharge to cover the costs of building management and
air-conditioning throughout the said term subject to increase in accordance with
clause 3 (a)(iv) of this Agreement shall be HK$20,349.00 per calendar month
payable in advance on the first day of each and every calendar month.
27
THE THIRD SCHEDULE ABOVE REFERRED TO
RULES AND REGULATIONS
1. Plumbing fixture shall be used only for the purposes for which they were
constructed. No sweepings rubbish rags or other alien substances shall be
deposited therein. All costs for making good damage resulting from any
misuse of the plumbing fixtures shall be borne by the Tenant.
2. No Tenant shall drill into or in any way deface part of the said premises
or the said building. No drilling shall be permitted save with prior
written approval of the Landlord and as the Landlord may direct.
3. Save with prior written consent of the Landlord, which consent will not
normally be granted, no flagholes or aerials shall be erected, and no
flags shall be flown from windows or elsewhere in or upon the said
building.
4. Each Tenant must upon the termination of his tenancy restore to the
Landlord all keys of offices and toilet rooms used by the Tenant.
5. All removals or the carrying in or out of furniture or bulky matter of
any description must take place after office hours and during the hours
which the Landlord or his agent may determine from time to time. The
Landlord reserves the right to exclude goods from the said building which
violate any of these Rules and Regulations or the Agreement of which
these Rules and Regulations are a part.
6. No Tenant nor any of the Tenant's servants employees agents visitors or
licensees shall bring into any passenger lift in the said building any
goods effects chattels luggage bulky parcels food trays tiffin carriers
or other space-occupying items and the Tenant shall ensure that such
items are restricted to the designated lift.
7. No Tenant shall do or permit to be done in the said premises or any part
thereof any act which shall or might subject the Landlord to any
liability or responsibility for injury to any person or to property.
8. Windows shall remain closed or locked save in an emergency such as fire
or break-down of the air-conditioning system and the reasonable extent
necessary to enable the Tenant to clean the same.
9. Canvassing touting and peddling in the said building is prohibited and
each Tenant shall co-operate to prevent the same.
10. Save with the prior written consent of the Landlord, which consent will
not normally be granted, no cooking or preparation of food shall be
permitted by any Tenant in the said premises. No Tenant shall permit any
unusual or objectionable odours to be produced upon or to permeate from
the said premises.
28
11. Not to do or permit or suffer anything in the said premises or in the
said building which may be or go to be a nuisance or annoyance to the
Landlord or any other Tenants or occupiers thereof or of any adjoining
building or affect the reputation of the said building as a high class
office building.
12. The Tenant shall no install in the said premises any partitioning other
than the supplied or approved by the Landlord.
13. Not to keep or permit or suffer to be kept upon any part of the said
premises any lives-stocks or animals and to carry out such pest control
for the said premises upon the request by the Landlord for the said
premises via nominated pest control companies at the Tenant's expense.
14. All blinds and/or curtains used within the said premises shall conform
externally to standard colour and design and such blinds and/or curtains
shall be approved by the Landlord so as to preserve a uniform external
appearance.
15. The Tenant shall not carry on or permit or suffer to be carried on in or
upon the said premises or any part thereof any trade or business which
the Landlord shall in its absolute discretion regard as dangerous noxious
noisy or offensive.
29
THE FOURTH SCHEDULE ABOVE REFERRED TO
SPECIAL CONDITION
NIL
30
AS WITNESS the hands of the parties hereto the day and year first
above written.
SIGNED by )
) (signed by Sino real Estate
) Agency Ltd. Xxxxxxxx Xxxxx
) Koo Siong of Sino Real
) Estate Agency Limited, a
) company duly authorised by
for and on behalf of the Landlord ) the Board of Directors of
whose signature is verified by :- ) the Landlord)
(SIGNED)
Xxxxxx Xxxx, Xxxxxx
Solicitor, Hong Kong SAR
Messrs. Xxxxx & XxXxxxxx
SIGNED BY )
for and on behalf of the Tenant ) (signed by Equity Marketing
in the presence of :- ) Hong Kong Ltd.
by Xx. Xxxx Xxx Xxxx)
(Signed by Xx. Xxxx So Ping
Holder of Hong Kong Identity
Card No. X000000(0))
R E C E I V E D the day and year )
first above written of and from the )
Tenant the sum of HONG KONG DOLLARS ) (signed by Sino Real Estate
FIVE HUNDRED AND SEVEN THOUSAND ) Agency Ltd.
EIGHT HUNDRED AND NINETY SEVEN ) Agent for the landlord for
(of which HK$490,704.00 shall be transferred ) the sole purpose of
from the previous Tenancy Agreement) being the ) execution of this Agreement)
above mentioned deposit to be paid by the )
Tenant to the Landlord. ) HK$507,897.00
