EXHIBIT 10.16(a)
JTC(L)3995/748 Pt 1/AN/SL
TENANCY AGREEMENT RELATING TO XXXXXXX XXX X00000
AT NO.36 XXX XXXX
BETWEEN
JURONG TOWN CORPORATION
AND
NELCO PRODUCTS PTE LTD
TENANCY AGREEMENT-FOR A
STANDARD FACTORY
PRIVATE LOT A12839 IN TUAS
(RENEWAL)
THIS AGREEMENT is made the 3rd day of November 0000
Xxxxxxx XXXXXX XXXX CORPORATION incorporated under the Jurong Town
Corporation Act, having its Head Office at Jurong Town Hall, 000 Xxxxxx
Xxxx Xxxx Xxxx, Xxxxxxxxx 000000 (hereinafter called "the Landlord") of
the one part and NELCO PRODUCTS PTE LTD a company incorporated in
Singapore and having its registered office at
00 Xxxxxxxx Xxxx
#000-00
XXX Xxxxxxxx
Xxxxxxxxx 000000
(hereinafter called "the Tenant" which expression shall where the context
so admits include its successors-in-title and permitted assigns) of the
other part.
WITNESSETH as follows:
1 The Landlord hereby lets and the Tenant hereby takes ALL that piece
of land known as Xxxxxxx Xxx X00000 also known as Government Survey Xxx
0000 Xxxxx Xx. 0 Xxxx at Xx.00 Xxx Xxxx, Xxxxxxxxx 000000 as shown on the
plan annexed hereto TOGETHER with the Standard Factory Building Corner
"T8" Type erected thereon (hereinafter referred to as the "said premises")
TOGETHER also with all the fixtures and fittings therein installed and now
belonging to the Landlord for the purposes and upon the terms, covenants
and stipulations hereinafter mentioned for the term of three (3) years
from the lst day of September 1995 (hereinafter referred to as the "said
term") paying therefor during the said term the rent of Dollars twenty-
four thousand, six hundred and twenty-five only ($24,625.00) per month to
be paid clear of all deductions and in advance without demand on the 1st
day of each of the calendar months of the year (i.e., the 1st days of
January, February, March, etc.) the first of such payments to made on the
1st day of September 1995.
2 The Tenant hereby covenants with the Landlord as follows:
(1) To pay the said rent on the days and in the manner aforesaid
without any deduction whatsoever.
(2) (i) To pay a cash deposit equal to three (3) months' rent on
or before the execution of this Agreement, or
commencement of the said term whichever is the earlier,
as security against the breach by the Tenant of any of
the terms, covenants, and stipulations of this Agreement
which cash deposit shall be maintained at this figure
during the said term and shall be repayable without
interest on the determination of this tenancy subject
however to appropriate deductions as damages, loss,
costs and expenses in respect of any or all such breach
or breaches.
(ii) In lieu of the aforesaid cash deposit, to provide an
acceptable banker's guarantee for the same equivalent
amount and increased amount, which guarantee shall be
valid and irrevocable for the whole of the said term or
the unexpired portion of the said term, as the case may
be, plus six months after the date of expiry of the said
term and in a form approved by the Landlord, or to
provide such other security as the Landlord may in his
absolute discretion permit or accept.
(3) At all times to use the said premises for the purpose of the
manufacture of laminating materials for printed circuit boards
only and for no other purposes whatever.
(4) To make his own arrangements for and pay all existing and
future charges and outgoings for the supply of all water,
electricity, gas and any water-borne sewerage system charged
by the Public Utilities Board or other relevant governmental
and statutory authorities and payable in respect of the said
premises and, subject to clause 2(7), at his own cost and
expense to install such additional plumbing and sanitary works
for such additional water supply as may be required by him.
(5) To keep the said premises including but not limited to the
drains and sanitary and water apparatus and the Landlord's
fixtures and fittings if any therein and the doors and windows
thereof in good and tenantable repair and condition throughout
the said term (wear due to fair and reasonable use and,
subject to clause 2(6), damage by fire excepted) PROVIDED THAT
the Tenant shall take all reasonable measures and precautions
to ensure that any damage, defect or dilapidation which has
been or at any time shall be occasioned by fair wear and tear
shall not give rise to or cause or contribute to any
substantial damage to the said premises.
(6) To be wholly responsible for all damages and to bear the full
costs of repairs and reinstatement of such damaged buildings,
equipment, fixtures, fittings, drains, wiring and piping above
and below ground level if the cause or causes of such damages
can be traced back to the Tenant's activities.
(7) Not to erect any building or structure on the said premises or
to extend or add to the Factory Building or to make or cause
to be made any alterations in the internal construction or
arrangements or in the external appearance or in the present
scheme of design or decoration of the said premises or to
install or cause to be installed any fixtures or fittings of
any kind or description without first obtaining the consent in
writing of the Landlord and the relevant governmental and
statutory authorities PROVIDED THAT -
(a) on the granting of such consent and without prejudice to
other terms and conditions which may be imposed the
Tenant shall place with the Landlord an additional
deposit equivalent to such additional amount as the
Landlord may deem sufficient as security for the
reinstatement of the said premises to its original state
and condition;
(b) the Tenant shall not use any flammable building
materials for internal partitioning; and
(c) the Tenant shall at all times maintain such buildings,
structures, extensions or additions to the Factory
Building and such fixtures and fittings, including but
nct limited to repairing of the external thereof and in
the event that the Landlord shall include such
buildings, structures, extensions and additions, or any
part thereof in the Landlord's five-yearly Re-decoration
Scheme, the Tenant shall pay the proportionate cost
thereof, such proportion to be calculated by the
Landlord.
(8) Not to assign create a trust sublet grant a licence or part
with or share the possession or occupation of the said
premises or any part thereof or leave the said premises or any
part thereof vacant and unoccupied at any time during the said
term.
(9) Not to do or suffer to be done upon the said premises or any
part thereof anything which is or may, or which in the opinion
of the Landlord is or may at any time be or become a danger,
nuisance or an annoyance to or interference with the
operations, business, enjoyment, quiet or comfort of the
occupants of adjoining premises or inhabitants of the
neighbourhood, but to indemnify the Landlord in relation
thereto PROVIDED THAT the Landlord shall not be responsible to
the Tenant for any loss, damage or inconvenience as a result
of danger, nuisance, annoyance or any interference whatsoever
caused by the occupants of adjoining premises or inhabitants
of the neighbourhood.
(10) Not to use or permit to be used the said premises for any
illegal or immoral purpose.
(11) At his own cost and expense to construct an internal drainage
system to the satisfaction of the Landlord to ensure that all
surface water collected on the said premises is discharged
into the public drains and sewer and will not flow into
adjoining premises, and the tenant shall further ensure that
no silt, oil, chemical, debris or any other waste or matter
shall be discharged into any public drains, sewers or
watercourses.
(12) Not to use, load, unload, keep, or suffer to be loaded,
unloaded, used or stored in the said premises or any part
thereof any liquids, goods, materials or things of an
offensive or explosive or a dangerous, corrosive, toxic or
combustible nature without the prior consent in writing of the
Landlord and to keep the Landlord indemnified against all
loss, damages, claims, costs, expenses, actions and
proceedings in connection with the loading, unloading, use or
storage of such goods, materials and things whether or not the
same is done with the consent of the Landlord.
(13) To permit the Landlord, his agents, servants and surveyors
with or without workmen or others with all necessary
appliances and tools to enter upon the said premises or any
part thereof at all reasonable times for the purpose of
viewing the condition or state of repair thereof or of doing
such works, repairs, and things in connection therewith as the
Landlord may think fit PROVIDED THAT the Landlord may serve
upon the Tenant notice in writing specifying any work or
repairs necessary to be done which are the responsibility of
the Tenant under the terms, covenants or stipulations of this
Agreement and require the Tenant forthwith to execute the same
and the Tenant shall pay the Landlord's reasonable costs and
expenses of survey and attending the preparation of the notice
and if the Tenant shall not within ten days after the service
of such notice proceed diligently and in workmanlike manner
with the execution of such work or repairs then to permit the
Landlord (who shall not be under any obligation so to do) to
enter upon the said premises and execute such work or repairs
and the cost and expenses thereof shall be a debt due from the
Tenant to the Landlord and be forthwith recoverable AND
PROVIDED ALWAYS THAT the Landlord shall not be liable to the
Tenant for any loss, damage or inconvenience caused directly
or indirectly by any such work or repairs.
(14) In complying with Clause 2(13) hereof and if so required by
the Landlord the Tenant shall remove such installation,
machinery or any article as may facilitate or permit the
Landlord to execute the said repairs and works and if the
Tenant shall fail to observe or perform this covenant the
Landlord may remove the same and all costs and expenses
incurred thereby shall be recoverable from the Tenant as a
debt PROVIDED ALWAYS that the Landlord shall not be liable to
the Tenant for any loss, damage or incovenience caused by such
removal.
(15) Not without the prior consent in writing of the Landlord to
affix or exhibit or erect or paint or permit or suffer to be
affixed or exhibited or erected or painted on or upon any part
of the exterior of the said premises or of the windows,
external walls or rails or fences thereof any nameplate,
signboard, placard, poster or other advertisement or hoarding.
(16) At all times to maintain the land, garden, grounds and drive-
way of the said premises in good order and condition to the
satisfaction of the Landlord and not to alter the layout
thereof without the prior consent in writing of the Landlord.
(17) During the three (3) months immediately preceding the expiry
of the said term to permit persons with written authority from
the Landlord or the Landlord's agent at reasonable times of
the day to enter upon and view the said premises or any part
thereof.
(18) Subject always to clause 2(8) hereinbefore appearing, to give
to the Landlord written notice of every change of name within
one month from the date of each change.
(19) To pay interest at the rate of eight and a half per cent
(8.5%) per annum or such higher rate as may be determined from
time to time by the Landlord in respect of any outstanding
amount payable under this Agreement from the date such amount
becomes due until payment in full is received by the Landlord.
(20) Not to dump, leave or burn any waste including but not limited
to pollutants in or upon any part of the said premises or the
estates of the Landlord but at the Tenant's own cost and
expense to make good and sufficient provision for and to
ensure the safe and efficient disposal of all such waste to
the requirements and satisfaction of the Landlord and the
relevant governmental and statutory authorities and if the
Tenant shall fail to observe or perform this convenant the
Landlord may (but shall not be under any obligation to do so),
without prejudice to any other rights or remedies the Landlord
may have against the Tenant, carry out or cause to be carried
out such remedial measures as he thinks necessary and all
costs and expenses and works incurred thereby shall forthwith
be recoverable from the Tenant as a debt PROVIDED ALWAYS that
the Landlord shall not be liable to the Tenant for any loss,
damage or inconvenience caused thereby.
(21) Not to do or omit or suffer to be done or omitted any act,
matter or thing in or on the said premises or in respect of
the operations, business, trade or industry carried out or
conducted therein which shall contravene the provisions of any
laws, by-laws, orders, rules or regulations now or hereafter
affecting the same but to comply at his own cost and expense
with all such provisions and at all times hereafter to
indemnify and keep indemnified the Landlord against all
actions, proceedings, costs, expenses, claims, fines, losses,
damages, penalties and demands in respect of any act, matter
or thing done or omitted to be done in contravention of the
such provisions.
(22) During the said term thereof to pay any increase of property
tax which may be imposed whether by way of an increase in the
annual value or an increase in the rate percent.
(23) Not to obstruct, cause or permit any form of obstruction of
any fire-fighting installations and equipment but at all times
to provide sufficient access and passageways thereto. At his
own cost and expense to maintain and keep all fire-fighting
installations and equipment at the said premises (including
the fire alarm system, hose reels and valves) operational and
in good and proper working order at all times and in
connection therewith to install a 13 Amp power switch socket
outlet immediately adjacent to the charger of the battery of
the fire-alarm system, to carry out monthly servicing of such
fire-fighting installations and equipment (including the fire
alarm system, hose reel and valves), and to connect such
system to the nearest Fire Station if required by the
Singapore Fire service.
(24) To maintain the said premises in a neat and tidy condition and
forthwith to comply with the Landlord's direction to remove
and clear any materials, goods or articles of whatever nature
and description from the said premises or such part thereof.
(25) Not to install or use any electrical or mechanical
installations, machines or apparatus that may cause or causes
heavy power surge, high frequency voltage or current, air-
borne noise, vibration or any electrical or mechanical
interference or disturbance whatsoever which may prevent or
prevents in any way the service or use of any communication
system or affects the operation of other equipment,
installations, machinery, apparatus or plants of occupants of
adjoining or neighbouring premises or inhabitants of the
neighbourhood and in connection therewith, to allow the
Landlord or any authorised persons to inspect at all
reasonable times, such installation, machine or apparatus in
the said premises to determine the source of the interference
or disturbance and thereupon, to take suitable measures, at
the Tenant's own cost and expense, to eliminate or reduce such
interference or disturbance to the Landlord's satisfaction, if
it is found by the Landlord or such authorised person that the
Tenant's electrical or mechanical installation, machine or
apparatus is causing or contributing to the said interference
or disturbance.
(26) To indemnify the Landlord against any claims, proceedings,
action, losses, penalties, damages, expenses, costs and
demands which may arise in connection with clause 2(25) above.
(27) To take adequate measures to prevent air pollution, and to
implement at his own cost measures for minimising air or other
forms of pollution when requested by the Landlord or any
relevant governmental or statutory authorities.
(28) To perform and observe all the obligations which the Tenant or
the Landlord of the said premises may be liable to perform or
observe during the said term by any direction, order, notice
or requirement of any governmental and statutory authority and
if the Tenant shall fail to observe or perform this covenant
the Landlord may in its absolute discretion perform the same
and all expenses and costs incurred thereby shall be
recoverable from the Tenant as a debt PROVIDED ALWAYS that the
Landlord shall not be liable to the Tenant for any loss,
damage or inconvenience caused thereby.
(29) Not to use or occupy the said premises for the purpose of a
commercial office or storage unrelated to his approved
activity or usage stated in Clause 2(3) of this Agreement.
(30) Subject to Clause 2(31), to install such protective electrical
devices and equipment, and to carry out such modification work
on the existing fire alarm wirings, fixtures and fittings in
the said premises as shall be necessary to suit the Tenant's
factory operation, including the installation of additional
wirings, fixtures and fittings to the fire alarm system, to
the satisfaction of the Landlord and all at the Tenant's own
expense PROVIDED THAT in addition to Clause 2 (23), the Tenant
shall at his own cost and expense maintain and keep such
protective electrical devices and equipment at all times in
good condition.
(31) Not to increase, supplement, decrease, modify, replace or
interfere with any existing electrical design load, wirings,
apparatus, fixtures or fittings or any fire alarm fixtures or
fittings in or about the said premises without the consent in
writing of the Landlord and the relevant governmental and
statutory authorities having been first obtained PROVIDED THAT
all such work shall be carried out by a licensed electrical
contractor or competent person as approved by the Landlord to
be employed by the Tenant at the cost and expense of the
Tenant AND PROVIDED FURTHER THAT prior to the commencement of
any such electrical or fire alarm installation, replacement,
modification or other work, the Tenant shall submit to the
Landlord for their approval such necessary plans as may be
specified by the Landlord.
(32) Not to do or suffer to be done on or in the said premises
anything whereby the insurances of the same or any part
thereof may be rendered void or voidable or whereby the
premium thereon may be increased and to repay to the Landlord
on demand all sums paid by the Landlord by way of increased
premium and all costs and expenses incurred by the Landlord in
connection with insurance rendered necessary by a breach or
non-observance of this covenant without prejudice to any other
rights and remedies available to the Landlord.
(33) Not to keep or allow to be kept livestock or other animals at
the said premises.
(34) At the Tenant's own cost to execute such works as may be
necessary to divert existing utility services such as pipes,
cables and the like (if any) to the requirements and
satisfaction of the Landlord and other relevant governmental
and statutory authorities.
(35) At the determination of the said term by expiry or otherwise
to yield up the said premises and all Landlord's fixtures,
fittings, fastenings and other things thereto anywhere
belonging or appertaining in such good and substantial repair
fair wear and tear excepted as shall be in accordance with the
terms, covenants and stipulations contained in this Agreement
and with the locks and keys complete.
(36) In addition to Clause 2(35) and immediately prior to the
determination of the said term thereof as the case may be to
cleanse and to restore the said premises in all respects to
its original state and condition and if so required in writing
by the Landlord to redecorate including painting the interior
thereof to the satisfaction of the Landlord PROVIDED ALWAYS
THAT if the Tenant shall fail to observe or perform this
covenant the Landlord may in its absolute discretion, and
without prejudice to any other rights and remedies the
Landlord may have against the Tenant, execute any of such
cleansing, restoration and redecoration works and recover the
costs and expenses thereof from the Tenant together with all
rent, tax and other amounts which the Landlord would have been
entitled to receive from the Tenant had the period within
which such cleansing, restoration and redecoration were
effected by the Landlord been added to the said term.
(37) If the Tenant shall at any time be found to have encroached
upon any area beyond the boundaries of the said premises, the
Tenant shall at his own cost and expense, but without
prejudice to any other right or remedy the Landlord may have
against him, immediately or within the time specified (if any)
by the Landlord rectify and remove the encroachment to the
satisfaction of the Landlord and pay to the Landlord such
compensation as may be specified by the Landlord. If,
however, the Landlord in his absolute discretion permits the
Tenant to regularise and retain the encroached area or any
part thereof upon such terms and conditions as may be
stipulated by the Landlord and any other relevant government
and statutory authorities, the Tenant shall pay land rent, tax
and other amounts (if any) on the encroached area with
retrospective effect from the date of commencement of the said
term, and the Tenant shall also pay all survey fees,
amalgamation fees, legal fees (including solicitor and client
costs and expense), and all other costs and charges relating
thereto.
(38) If any damage of whatsoever nature or description shall at any
time occur or be caused to the said premises or any part
thereof, to forthwith give to the Landlord written notice of
the damage.
(39) Without prejudice to the generality of Clause 2(28) herein,
the rent and other taxable sums payable by the Tenant under or
in connection with this tenancy shall be exclusive of the
goods and services tax (herein called "tax") chargeable by any
government, statutory or tax authority calculated by reference
to the amount of rent and any other taxable sums received or
receivable by the Landlord from the Tenant and which tax is
payable by the Tenant. The Tenant shall pay the tax and the
Landlord acting as the collecting agent for the government,
statutory or tax authority shall collect the tax from the
Tenant together with the rent hereinbefore reserved without
any deduction and in advance without demand on the 1st day of
each of the calendar months of the year and in the manner and
within the period prescribed in accordance with the applicable
laws and regulations.
(40) Without prejudice to the generality of clause 2(24)
hereinbefore appearing, the Tenant shall not at any time use
the car park in front of the said premises for storing or
stacking any goods, materials, equipment or containers.
(41) At the Tenant's own cost, to properly install and maintain
exit lightings and exit signs at stair cases, exit passageways
and exits of the said premises in accordance with all
requirements of the Building Control Division and other
relevant governmental and statutory authorities.
3 The Landlord hereby agrees with the Tenant as follows:
(1) The Tenant paying the rent hereby reserved and tax and
observing and performing the terms, covenants and stipulations
on the Tenant's part herein contained shall peacefully hold
and enjoy the said premises during the term without any
interruption by the Landlord or any person rightfully claiming
under or in trust for the Landlord.
(2) The Landlord shall, subject to clause 2(7)(c), maintain the
structure of the Factory Building PROVIDED THAT any damage to
the structure other than fair wear and tear and repair arising
therefrom shall be charged to the account of and paid by the
Tenant AND FURTHER PROVIDED THAT the Landlord shall not be
liable for any loss or damage suffered by the Tenant or any
other person by reason directly or indirectly of the state of
the Factory Building and the Tenant hereby indemnifies the
Landlord against all claims, damages, actions, proceedings,
costs and expenses in any way relating thereto or in any way
relating to thebuildings, structures, extensions and additions
hereinbefore mentioned in clause 2(7).
(3) The Landlord shall at all times throughout the said term keep
the structure of the Factory Building insured against loss or
damage by fire and in the event of such loss or damage (unless
resulting directly or indirectly from some act or default of
the Tenant) to rebuild and reinstate the damaged part of the
Factory Building PROVIDED THAT it is expressly agreed and
understood that the term "loss or damage by fire" as used in
this clause do not include any loss or damage caused to the
Tenant's fixtures or fittings or loss due to the Factory
Building being rendered out of commission and in any such
event the Landlord shall not be held liable for any such loss
or damage sustained by the Tenant.
(4) The Landlord shall pay the property tax payable in respect of
the said premises PROVIDED ALWAYS that if the rate of such
property tax shall be increased whether by way of an increase
in the annual value or an increase in the rate per cent then
the Landlord shall not hereunder be liable to pay the said
increase but the Tenant shall pay such increase as provided
under clause 2(22) hereof.
4 PROVIDED ALWAYS and it is expressly agreed as follows:
(1) If the rent hereby reserved or interest, tax, or any part
thereof or any other sum payable herein, or any part thereof
shall at any time remain unpaid for fourteen (14) days after
becoming payable (irrespective of whether formal demand has
been made) or if any of the terms, covenants or stipulations
herein contained on the Tenant's part to be performed or
observed shall not be so performed or observed or if the
Tenant shall make any assignment for the benefit of its
creditors or enter into any arrangement with its creditors by
composition or otherwise or commit any act of bankruptcy or
have a receiving order made against him or suffer any distress
or execution to be levied on its goods or if the Tenant being
a Company shall go into liquidation whether voluntary (save
for the purpose of amalgamation or reconstruction) or
compulsory then and in any of such cases it shall be lawful
for the Landlord at any time thereafter to re-enter upon the
said premises or any part thereof in the name of the whole and
thereupon the tenancy hereby created shall absolutely
determine but without prejudice to any right of action or
remedy of the Landlord in respect of any breach of any terms,
the covenants or stipulations herein contained.
(2) Any notice served under or otherwise in connection with this
Agreement or the tenancy hereby created shall be sufficiently
served on the Tenant if the same is left addressed to the
Tenant upon the said premises or if forwarded to the Tenant at
the said premises by registered post and any notice shall be
sufficiently served on the Landlord if sent to the Landlord's
Head office by registered post. A notice sent by registered
post shall be deemed to be given at the time when in due
course of post it would be delivered at the address to which
it is sent. In the event of any action or proceedings in
respect of the tenancy created herein (including any action
for the recovery of the rent, tax or other sums herein
reserved) the Tenant agrees and accepts that any document
which is not required by written law to be served personally
shall be sufficiently served on the Tenant if addressed to him
at the address specified in this Agreement, or if left posted
upon some conspicuous part of the said premises, or forwarded
to him by post at the principal or last known place of
business of the firm or his registered or principal office if
a body corporate or his last known address if an individual.
(3) The Tenant shall pay all costs, disbursements, fees and
charges, legal or otherwise, including stamp and registration
fees in connection with the preparation stamping and issue of
this Agreement and any prior accompanying or future documents
or deeds supplementary collateral or in any way relating to
this Agreement.
(4) The Tenant shall pay all costs, disbursements and fees, legal
or otherwise, including costs as between Solicitor and Client
in connection with the enforcement of the terms, covenants and
stipulation of this Agreement.
(5) The Tenant accepts the said premises with full knowledge that
the ground/production floor slab, drains, aprons and driveway
are laid directly on the ground with services laid in the
ground and may settle, subside and crack in the event that the
ground in, on or around the said premises consolidates in the
course of time, and the Tenant covenants that he shall at his
own cost and expense and subject to the prior approval in
writing of the Landlord and the relevant governmental and
statutory authorities provide suitable and proper foundation
for all machinery, equipment and installations at the said
premises. The Landlord shall not be liable for any loss,
damage or inconvenience that may be suffered by the Tenant or
any other person in connection with any subsidence or cracking
of the ground/production floor slabs, aprons, drains and
driveways of the said premises.
(6) No waiver expressed or implied by the Landlord of any breach
of any term, covenant or stipulation of the Tenant shall be
construed nor be deemed to operate as a waiver of any other
breach of the same or any other term, covenant or stipulation
and shall not prejudice in any way the rights, powers and
remedies of the Landlord herein contained. Any acceptance of
rent or other moneys shall not be deemed to operate as a
waiver by the Landlord of any right to proceed against the
Tenant of any of his obligations hereunder.
(7) The Landlord shall be under no liability either to the Tenant
or to others who may be permitted to enter or use the said
premises or any part thereof for accidents happening or
injuries sustained or for loss of or damage to property in the
said premises or any part thereof.
(8) Subjact to clause 2(3), the Tenant shall use at least sixty
per centum (60%) of the total floor area of the said premises
for purely industrial activities, and may use the remaining
floor area for ancillary stores and offices, neutral areas,
communal facilities and such other uses as may be approved in
writing by the Landlord and the relevant public and local
authorities PROVIDED THAT the said ancillary offices shall not
exceed twenty-five per centum (25%) of the total floor area.
(9) At any time during but at least three (3) months before the
expiry of the said term or of its extensions, if any, as
aforesaid the Tenant may, by notice in writing, exercise the
option to request the Landlord to grant him a lease (the term
of which shall be determined by the Landlord) of the said
premises including all buildings thereon upon the payment by
the Tenant to the Landlord of such purchase price and annual
land rentals as may be determined by the Landlord at the time
the option is exercised and upon such investment requirements
and terms and conditions as the Landlord may specify which
lease shall commence from the date the option is exercised or
such other date to be determined by the Landlord PROVIDED THAT
the Tenant shall bear and pay all costs, expenses, stamp fees
and other charges in connection with or accruing from the
issue of the lease AND PROVIDED ALWAYS that there shall be no
break between the date of determination of tenancy and the
commencement date of the lease and that there shall not at the
time of the request be any existing breach or non-observance
of any of the terms, stipulations and covenants on the part of
the Tenant to be observed or performed in respect of this
Agreement.
5 In this Agreement where the context so requires or permits, words
importing the singular number or the masculine gender include the
plural number or the feminine gender and words importing persons
include corporations and vice versa, the expression "the Landlord"
shall include its successors-intitle and assigns, the expression
"the Tenant" shall include its successors-in-title and permitted
assigns (if any), 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.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands
and/or seals the day and the year first above written.
SIGNED BY
KOH GEOK TIN
Head (Standard Factories)
Lease Management Department
Buildings Development Group
for and on behalf of the
JURONG TOWN CORPORATION
in the presence of:
XXXXX XX XXX XXX nee AU
SIGNED BY:
Xxxxxxx X. Xxxx
Managing Director
for and on behalf of
NELCO PRODUCTS PTE LTD
in the presence of:
Signature of Witness:.............................. .
Name of Witness: Xxxxxxx Xx
Designation: Financial Controller
[exh1016a]
