Exhibit 10.4
DATED THIS DAY Of 28 Oct. 1999
BETWEEN
CPL ALEXANDRA POINT PTE LTD
AND
VIEWLOCITY ASIA PACIFIC PTE LTD
LEASE AGREEMENT
YCF.nsa.1-999-L4385
XXXXXXX XXXX & PARTNERS
SINGAPORE
THIS LEASE is made the 28 day of October One Thousand Nine Hundred and Ninety
Nine (1999) between CPL ALEXANDRA POINT PTE LTD (formerly known as TIGER
DEVELOPMENTS PTE LTD), a company incorporated in the Republic of Singapore and
having its registered office at #21 -00 Alexandra Point, 000 Xxxxxxxxx Xxxx,
Xxxxxxxxx 000000 ("xxx Xxxxxx") of the one part And VIEWILOCITY ASIA PACIFIC PTE
LTD (COMPANY REGISTRATION NO.1 99601493G ), a company incorporated in Singapore
and having its registered office at No. 00 Xxxxxxxx Xxxxx, #00-00 Xxxxxxxx
Xxxxx, Xxxxxxxxx 000000 ("the Lessee") of the other part.
WITNESSETH as follows:-
Demise 1. In consideration of the rents and service charges
hereinafter reserved and the Lessee's covenants
hereinafter contained, the Lessor hereby lets and the
Lessee hereby takes ALL the premises more
particularly described in the First Schedule hereto
(hereinafter called "the Premises") being part of the
building situate at 000 Xxxxxxxxx Xxxx, Xxxxxxxxx and
presently known as ALEXANDRA POINT (hereinafter
called 'the Building") together with (but
to the exclusion of all other liberties easements (rights or advantages and
subject always to the Lessor's right to refuse access hereinafter contained):
(a) the right for the Lessee and others duly authorised
by the Lessee but only so far as necessary and as
the Lessor can lawfully grant the same of ingress to
and egress from the Premises in over and along all
the usual entrances landings passenger lifts and
passageways leading thereto in common with the
Lessor and all others so authorised by the Lessor
and all other persons entitled thereto.
(b) the eight for the Lessee and others duly authorised
by the Lessee to the use of such sufficient toilet
facilities in the Building as shall be designated
from time to time by the Lessor but such use shall
be in common with the Lessor and all others so
autho6sed by the Lessor and all other persons so
entitled thereto.
- 2 -
Excepting and Reserving unto the Lessor the free and uninterrupted
use of all Pipes in through above or under the Premises TO HOLD
the PREMISES unto the Lessee from the Ist day of May 2000
(hereinafter called "the Commencement Date") for a term ending on
the 30th day of APRIL 2003. (hereinafter called "the Term')
YIELDING AND PAYING THEREFOR unto the Lessor during the Term :
Rent (1) the monthly rent of Dollars ELEVEN THOUSAND EIGHT HUNDRED SIXTY SIX
and Cents Seventy Only ($11,866.70) (such amount to be hereinafter
called "the Tent") calculated at the rate of Dollars Two and Cents
Sixty-Five Only ($2.65) per square foot per month; and
Service (2) the monthly service charge of Dollars Four Thousand Seven Hundred
Charge and One and Cents Ninety Only ($4,701.90) or such other amount
upon revision pursuant to Clause 2 (such amount or other amount to
be hereinafter called "the service charge");
both the rent and service charge to be payable monthly in advance without any
deduction whatsoever on the first day of each and every month, the first payment
of the rent to be made on the Ist day of May 2000 and the first payment of the
service charge to be made on the 1st day of December 1999, and thereafter each
subsequent payment of the rent and service charge to be made on the first day of
every succeeding month PROVIDED that in the event the Commencement Date falls on
a day other than the first day of a month, the Lessee shall pay to the Lessor
pro-rated rent and service charge calculated from and including the Commencement
Date up to the day immediately before the first day of the following month and
thereafter all payments shall be made on the first day of each month. For the
avoidance of doubt, the opinion of the Lessor that the Lessee is deemed to have
commenced business operations referred to above shall be final, conclusive and
binding on the Lessee.
Calculation (2) The service charge of DOLLARS FOUR THOUSAND SEVEN
service HUNDRED AND ONE AND CENTS NINETY ONLY ($4,701.90) per
charge service month is calculated at the rate of DOLLARS ONE AND
CENTS FIVE charge (S1.05) PER SQUARE FOOT per month of
the area of the Premises estimated for the purpose of
commencement of the Term as representing the apportioned
outgoings of the Building attributable to the Premises and
shall be subject to the following provisions :-
Revision of (1) The service charge is an estimate only and the Lessor
service shall be entitled at any time and from time to time during
charge the term to revise the service charge by serving a notice
on the Lessee of such intention, At the commencement of
each year on 1st January, the Lessor shall be entitled to
pre-estimate the costs of services and outgoings for that
year and collect the amount attributable to the Premises,
such amount to be adjusted upon issue of the accountant's
certificate hereinafter mentioned.
Payment of (2) If on revision there is any increase in the outgoings; of
revised the Building, the Lessee shall pay an additional service
service charge in each and every month representing the apportioned
extra charge outgoings of the Building as is attributable
to the Premises at the same time and in the same manner as
hereinbefore mentioned with regard to the service charge
and such increase shall take effect as from the date
specified in the said notice. For the purpose of
ascertaining the additional service charge payable under
the provision aforesaid all increases in the outgoings of
the Building shall be apportioned in the proportion by
which the floor area of the Premises bears to the total
area of the rentable floor space of the Building
including any floor space occupied by the Lessor and a
statement by the Lessor as to the increase of the outgoings
of the Building and the apportionment thereof shall be
accepted by the Lessee as final and binding.
Outgoings (3) The term "outgoings of the Building" where used in this
Agreement shall mean the total sum of all outgoings, costs
and expenses of the Lessor assessed or assessable, charged
or chargeable, paid or payable or otherwise incurred in
respect of the Building and the land on which it is
erected, the control, management and maintenance thereof and
the provision of the services for lessees or occupiers of
the Building and in particular but without limiting the
generality of the foregoing shall include -
(a) all amounts payable in respect of insurances
relating to the Building and all fittings and
fixtures plant machinery equipment and appliances
therein in their full insurable reinstatement value
against fire and such other risks as the Lessor may
deem necessary or desirable and in respect of public
liability insurance;
(b) all charges for and costs in relation to the supply
of water and removal or disposal of sewerage waste
and other garbage from the Building and the land on
which it is erected;
(c) all charges for gas oil electricity light power fuel
telephone and other services, or requirements
fumished or supplied to the Building for the general
benefit or purposes of the Building;
(d) the costs of cleaning the exterior of the Building
(including the windows) and of re-painting,
repairing and maintaining the Common Area and the
costs of landscaping and other environmental
improvements on or to the Building and the land
on which it is erected;
(e) the expenses of the Lessor in supplying paper, soap
and other toilet requisites in the toilets;
(f) the costs of operating and supplying all services
from time to time provided by the Lessor for lessees
and occupiers of the Building including security
escalator-s lifts and air-conditioning, and of the
maintenance and amortization of the Building, and
the plant machinery equipment and appliances
therein;
(g) all costs of management control and administration
of the Building including salaries and wages of
clerical maintenance security and traffic control
personnel and other supervisory staff as well as all
fees payable to the auditors accountants managing
agent and other consultants;
(h) the costs of compliance with any order or notice
served on the Lessor by any government or statutory
authority in respect of any part of the Building or
any part of the land on which it is erected;
(i) such sum in each year as the Lessor may decide to
set aside as a fund to cover repairs renovations
replacements and maintenance of the Building and the
plant machinery and equipment therein including
escalators lifts and air-conditioning plant and the
depreciation and any replacement thereof.
Deposit 3. (1) The Lessee shall pay on or before the signing of this Lease
or on the date when possession of the Premises is delivered
to the Lessee, whichever is the earlier and maintain
throughout the Term, a sum equivalent to THREE (3) MONTHS'
RENT AND SERVICE CHARGE (hereinafter called "the deposit")
which shall be held by the Lessor as security for the due
observance and performance by the Lessee of all and
singular the several covenants conditions stipulations and
agreements on the part of the Lessee herein contained,
(2) if the Lessee shall at any time fail to observe or perform
any of his obligations and agreements herein contained, the
Lessor may, at its option, appropriate and apply all or any
part of the deposit to compensate the Lessor for its loss
or damage or provide for any contingent liability incurred
by the Lessor arising from the breach of any of the
obligations and agreements on the part of the Lessee to be
observed and performed.
(3) Any appropriation by the Lessor of the deposit in terms of
sub-clause (2) of this Clause shall not be deemed to be a
waiver by the Lessor of any non-payment non-observance or
non-performance on the part of the Lessee and shall not
preclude the Lessor from exercising any of its other rights
and remedies.
(4) In the event the Lessor appropriates or applies the deposit
in terms of sub-clause (2) of this Clause, the Lessee shall
immediately pay to the Lessor a sufficient amount to
restore the deposit to the amount equivalent to three (3)
months' rent and service charge.
(5) In the event the service charge shall be increased by the
Lessor upon revision under Clause 2 hereof the Lessee shall
pay to the Lessor the difference between the equivalent of
three (3) months' service charge so increased and the
equivalent of the original three (3) months' service charge
as additional security.
(6) The Lessee shall not be entitled to off-set any rent and
service charge due hereunder against all or any part of the
deposit.
(7) The deposit shall be refunded to the Lessee (free of
interest) within fourteen (14) days after the expiry or
sooner determination n of the Term subject to any deduction
for any breach or non-observance of the covenants and
conditions on the part of the Lessee to be observed and
performed herein contained.
Fitting Out (1) The Lessee will carry out and complete the Lessee's fitting
3A. out works during the period commencing on THE IST NOVEMBER
1999 (or such later date as the Lessor may notify the
Lessee) and ending on the 30TH DAY OF APRIL 2000
(hereinafter called "fitting out period").
(2) The Lessee will be bound by and Will comply with the
provisions relating to the Lessee's fitting out works set
out in the Second Schedule hereto.
(3) The Lessee will pay to the Lessor on demand the cost of
making good any damage to the Premises or the Building or
any part thereof caused by the Lessee his servant Agent or
contractor,
(4) The Lessee will be liable for and shall indemnify the
Lessor against any expense, liability, loss, claim or
proceedings in respect of personal injury to or death to
any persons whomsoever or any damage or destruction
whatsoever to any property real or personal (including any
damage to the Building or any part thereof arising out of
or in connection with the Lessee's fitting out works.
Lessee's 4. The Lessee hereby covenants with the Lessor as follows:
covenants
Rent (1) To pay the rent and service charge hereby reserved
and service on the days and in the manner aforesaid without any
charge deduction or demand whatsoever.
Deposit (2) To pay the deposit in accordance with Clause 3 hereof
Increase (3) Upon the renewal of the Term in accordance with Clause 5(12)
In property herein, to pay as and when required by the Lessor the
additional sum in respect of property tax or other
imposition of a like nature by
whatever name called that may be levied and imposed upon or
in respect of or apportioned or attributable to the
Premises over and above the amount of such property tax or
other imposition of a like nature by whatever name called
levied and imposed as at the commencement date of the
further term. In the event of the Building and/or the
Premises not having been assessed for property tax purposes
at the commencement date of the further term, to pay as and
when required by the Lessor such additional sum in respect
of property tax or other impositions of a like nature by
whatever name called that may be levied and imposed upon or
in respect of or apportioned or attributable to the
Premises by reason of the annual value (as determined by
the Chief Assessor of the Property Tax Division, Inland
Revenue Department, Government of Singapore) of or
attributable to the Premises exceeding the amount of the
annual rent of the Premises payable under this Lease,
Utilities (4) To pay or reimburse the Lessor for all charges including
any taxes now or in the future imposed in respect of water,
gas, electricity, and any other service supplied and
separately metered to the Premises which shall be charged
by the Public Utilities Board or other appropriate
authority corporation or body to the Lessee, and in the
event of such water gas electricity or other services not
being supplied and metered separately to the Premises to
pay or reimburse the Lessor a proportionate part of the
costs thereof, such costs to be calculated by the Lessor
and notified to the Lessee and a statement from the Lessor
to the Lessee of such costs and the apportionment thereof
shall be accepted by the Lessee as final and binding. In
the event of the Public Utilities Board or other
appropriate authority corporation or body responsible for
the supply of electricity gas water and any other service
supplied and used in the Building increasing the charges
therefor, to pay or reimburse the Lessor a proportionate
part of such increase in charges, such increase in charges
to be calculated by the Lessor and notified to the Lessee
and a statement from the Lessor to the Lessee of such
increase shall be accepted by the Lessee as final and
binding.
Telephones (5) To install at the Lessee's own cost and expenses all
and telephones and other telecommunication facilities (as the
telecommu- Lessee may require) in such a manner that the wires shall
nication not run across the floor or ceiling or along the walls of
facilities the Premises so as to be visible in the Premises but shall
be concealed and if running along the floor shall be
concealed in the respective ducts in the underfloor
trunking provided BY the Lessor for the purpose and all
such works shall be carried out by workmen of or engaged by
the Telecommunication Authority of Singapore or such other
appropriate authority corporation or, body or in the
absence of such workmen, by a contractor nominated by the
Lessor.
(6) Before the Lessee applies to the Telecommunication
Authority of Singapore or other appropriate authority
corporation. OR BODY for the installation of telephones
and/or other telecommunication facilities, to submit for
the approval of the Lessor a plan showing Where the
telephones or other telecommunication facilities are to be
installed, and if any extra underfloor trunking and/or
accessories are required by the Lessee other than those
already provided by the Lessor, to bear the costs of the
installation of such extra underfloor trunking and/or
accessories.
(7) Not to install within the ducts intended for the carriage
of telephone wires any wire other than those installed by
the Telecommunication Authority of Singapore or other
appropriate authority corporation or body.
Internal (8) Not without the prior written consent of the Lessor to
fittings carry out within the Premises all or any of the following
works:-
(a) partitioning within the Premises;
(b) installation of all necessary electrical wiring
conduits etc. for additional power points light
fittings and all other ceiling fixtures and fittings
apart from those standard fixtures and fittings
supplied and installed by the Lessor;
(c) all mechanical works of any kind whatsoever;
(d) provision of carpets, tiles (vinyl or otherwise) and
other floor covering or finishes of whatever kind;
(e) installation of water and other pipes apparatus
equipment appliances fittings fixtures and all
plumbing;
(f) marking painting drilling or defacing any walls
ceilings partitions floors wood glass or other parts
of the Premises; and
(g) all alteration works relating to the existing
ceiling fixtures and fittings for lighting air-
conditioning and fire protection devices originally
supplied and installed by the Lessor.
Installa- (9) To use for carrying out the above installations
tions and partitioning and other works approved by the Lessor
partitions materials of such standard as to type quality colour
and size as the Lessor its architect engineer or other
consultant shall approve and cause such installations
partitioning and other works to be carried out in the
Premises in accordance with plans and specifications that
shall have received the prior written approval of the
Lessor its architect engineer or other consultant and the
relevant government and/or statutory authorities.
(10) Not to effect the abovementioned installations partitioning
and other works except :
(a) in the case of any re-alignment or adjustment OF the
raised flooring of the Premises or any electrical
plumbing or air-conditioning works or installations,
including Pipes, by a contractor nominated or
approved by the Lessor and appointed by the Lessee
at the Lessee's own cost and expense; in all other
cases by a contractor appointed by the Lessee at the
Lessee's own cost and expense and approved by the
Lessor;
(c) in every case, in accordance with approved plans and
specifications and under the supervision of an
architect engineer or other consultant appointed by
the Lessor.
(11) To pay or reimburse the Lessor on demand the fees of any
architect engineer or other consultant employed by the
Lessor for the purpose of considering approving and
supervising the plans specifications materials and all
works carried out by the Lessee and all other costs charges
and expenses incurred by the Lessor in connection
therewith.
Alteration (12) Not to make or permit or suffer to be made any alteration
and in or addition to the Premises or any part thereof or the
additions Lessors fixtures fittings and decorations therein, and in
particular not to make or permit or suffer to be made any
such alterations or additions that will prevent the FULL
and unrestricted use and benefit of the air-conditioning
system to other parts of the Building, without having first
obtained the written licence and consent of the Lessor
(which licence and consent may be given subject to such
conditions as the Lessor may think fit, including the
payment by the Lessee of an amount to be determined by the
Lessor as security for the due performance by the Lessee of
his
obligation to remove such alterations and additions so as
to restore the Premises to their original state and
condition hereinafter mentioned), and in the event of such
licence and consent being given, to carry out at the
Lessee's own cost and expense such alterations or additions
with such materials and in such manner and at such time as
shall be designated by the Lessor and in compliance with
any other condition as may be imposed by the Lessor for
such licence and consent, and upon the determination of the
Term, if requested by the Lessor, to remove all such
alterations in or additions to the Premises whether or not
constructed by the Lessee so as to restore the Premises to
their original state and condition at the Lessee's own cost
and expense.
Other (13) Not without the prior written consent of the Lessor install
cooling or use air-conditioning or cooling units or other methods
methods of cooling except the air-conditioning system provided by
the Lessor.
Tenantable (14) To keep the interior of the Premises including the flooring
repair and interior plaster or other surface material or rendering
on wall and ceilings and the Lessors fixtures therein
including doors windows glass locks fastenings electric
wires and installations and fittings for light power and
air-conditioning in a clean and good state of tenantable
repair and condition (fair wear and tear excepted) and
to make good to the satisfaction of the Lessor any damage
or breakage caused to any part of the Premises or to the
Lessor's fixtures and fittings therein.
Cleaning (15) The Lessee shall keep the Lessor informed of the
particulars of cleaners employed by the Lessee for the
purpose of the cleaning of the Premises and the Lessee
shall be responsible and liable for any misconduct or
negligent act or default of the cleaning contractor and
any cleaner so employed by the Lessee for the purpose of
the cleaning of the Premises.
Access (16) To allow the person or persons for the time being having the
for contract for the cleaning of the Building and his or their
cleaning servants workmen employees agents contractors and
subcontractors free ingress to and egress from the Premises
for the purpose of cleaning the exterior of the windows
during business hours.
Notice of (17) Forthwith to give notice to the Lessor or its building
damage or supervisor of any damage the Premises and of any accident to
defects or defect in the Pipes or any other fittings fixtures or
other facility provided by the Lessor.
Access to (18) To permit the Lessor and its duly authorised agents with
Premises or without workmen and others and with and without
appliances at all reasonable times to enter upon the
Premises to examine the state and condition thereof and to
do such works and things as may be required for any repair
alteration or improvement to the Premises or any other
part or parts of the Building and forthwith to repair and
mend in a proper and workmanlike manner any defect for which
the Lessee is liable and of which written notice shall be
given to the Lessee or left on the Premises and to pay the
Lessor's costs of inspection or otherwise in respect of the
preparation of any such notice and if the Lessee shall not
within fourteen (14) days after the service of such notice
proceed diligently with the execution of such works, then
the Lessor may enter upon the Premises and execute such
repair or works and the costs thereof shall be a debt due
from the Lessee to the Lessor and recoverable forthwith as
such.
Raised (19) To permit the Lessor and its duly authorised agents and
flooring nominated contractor with or without workmen and others and
with or without appliances at all reasonable times to enter
upon the Premises to examine the level state and condition
of the raised flooring and where re-alignment adjustment or
other works is required to be carried out to the raised
flooring of which written notice shall be given to the
Lessee or left on the Premises to employ the contractor
nominated by the Lessor to carry out such
re-alignment adjustment or other works at the Lessee's
expense and to pay the Lessor's costs of inspection or
otherwise in respect of the preparation of any such notice
and if the Lessee shall not within fourteen (14) days after
the service of such notice employ the contractor nominated
by the Lessor to execute such re-alignment adjustment or
other works, then the Lessor and its nominated contractor
with or without their workmen and appliances may enter upon
the Premises and execute such re-alignment adjustment and
other works and the costs thereof shall be a debt due from
the Lessee to the Lessor and recoverable forthwith as such.
Permitted (20) At all times to use and occupy the Premises strictly as and
use for offices in connection with the business of the Lessee.
Dangerous (21) Not to store or bring upon the Premises or any part
goods and thereof or upon the Building or the land on which it is
unlawful erected any goods or thing which in the opinion of the
storage Lessor are of an obnoxious dangerous or hazardous nature or
any explosive or combustible substance and not to place or
leave in the Common Area or any part thereof any box or
rubbish or otherwise encumber the same.
Unlawful (22) Not to use the Premises or any part thereof for any
immoral use unlawful or immoral purpose and not to do or permit or
or nuisance suffer to be done any act or thing which may be or become a
nuisance to or give cause for reasonable complaint from the
occupiers of adjoining premises or of other parts of the
Building or of neighbouring buildings.
Infectious (23) In the event of any infectious illness occurring in the
Illness Premises forthwith to give notice thereof to the Lessor and
to the proper public authorities and at the expense of the
Lessee to thoroughly fumigate and disinfect the Premises to
the satisfaction of the Lessor and such public authorities
and otherwise comply with their reasonable and lawful
requirements in regard to the same.
Food and (24) Not without the prior written consent of the Lessor to
drinks permit the vendors of food and drink or the servants or
agents of such vendors to bring to or onto the Premises or
any part thereof or onto the Building or any part thereof
food or drink for consumption by the occupiers or others in
the Premises save and except in the case of the contractor
or contractors who has or have been given the eight by the
Lessor to provide food and drink service for the occupiers
of the Building.
Cooking (25) Save for storage of foods in a fridge or heating of food
using microwave, not to permit or suffer cooking or
preparation or storage of food and drink on the Premises or
any part thereof nor to permit or suffer anyone to sleep or
reside therein.
Obstruction (26) Not to cover or obstruct or permit or suffer to be covered
of windows or obstructed in any manner or by any article or thing
etc. (other than blinds approved of by the Lessor) the windows
skylights or ventilation shafts or air-inlets or outlets
which reflect or admit light or enable air to flow into or
out of the Premises.
Obstruction (27) Not to obstruct in any manner howsoever the Common Area
of way including the entrances exits driveways and footways of and
leading to the Building and/or the land on which it is
erected and to keep all internal and external parts of the
Building and the land clear and free of all obstruction at
all times.
Auction (28) Not to permit or suffer to be carried on any auction sale
Sale upon the Premises or any part of the Building,
Use of (29) Not to place or take into the passenger lifts any baggage
lifts furniture parcels sacks bags heavy articles or other goods
or other merchandise without the prior approval of the
Lessor save only such light articles as brief-cases attache
cases and handbags,
Machinery (30) Not to bring or permit or suffer to be brought onto the
Premises or any part of the Building used in common with
the Lessor and other lessees any machines or machinery save
and except typewriters and such other auxiliary office
equipment as are required for the purpose of the Lessee's
office and not at any time to load or permit or suffer to
be loaded on any part of the floors of the Building or the
Premises to a weight greater than 4 kN per square metre and
shall when required by the Lessor distribute the load on
any part of the floor of the Premises in accordance with
the directions and requirements of the Lessor and in the
interpretation and application of the provisions of this
clause relating to loading the decision of the Lessor shall
be final and binding on the Lessee. Before any machine
machinery safe equipment or goods is moved into or out of
the Premises, to give to the Lessor due notice thereof and
the moving of the same must be done under the supervision
of a person nominated by the Lessor and at a time approved
by the Lessor and at no other time and the Lessor may
direct the routing installation and location of all such
machine machinery safe equipment and goods and the Lessee
shall observe and comply with all such directions.
Signs (31) Not to affix paint or otherwise exhibit or permit or suffer
to be affixed painted or otherwise exhibited to or upon any
part or on the exterior of the Premises or on windows or
doors thereof or in or about any part of the Building
without the prior written consent of the Lessor any sign
light embellishment advertisement name notice or banner
whatsoever save and except the Lessee's nameplate or
signboard of a size and form as shall be approved in
writing by the Lessor, such consent not to be unreasonably
withheld, The costs for making such nameplate or signboard
shall be borne by the Lessee and placed at a spot to be
indicated by the Lessor.
Unsightly (32) To keep the windows of the Premises closed at all times and
objects not to erect or install any sign device furnishing ornament
or object;
which, in the opinion of the Lessor, will impair spoil or
detract from the architectural form or style or the general
appearance of the Building or the Common Area generally,
Curtains (33) To install and maintain at his own cost and expense at all
times curtains or blinds of the type quality and colour
approved by the Lessor for all the windows at the Premises.
Radio, (34) Not without the consent in writing of the Lessor to erect
Television or place upon within or without the Premises any radio or
Aerials television aerial or antenna or any loudspeaker screen or
similar device or equipment and not without the like
consent to use or permit to be used any radio gramophone
television or other like media or equipment likely to be
heard or seen from outside the Premises Provided however
that any consent so given as aforesaid may at any time be
withdrawn where the Lessor so determines having regard to
the interests of the Building as a whole and/or the rights
or interests of other lessees occupiers or persons lawfully
therein.
Subletting (35) Not to assign underlet or otherwise part with or share the
and actual or legal possession or the use of the Premises or
assignment any part thereof for any term whatsoever without the prior
written consent of the Lessor. Where the Lessee is a
corporation, any form of re-construction, re-organisation,
amalgamation, takeover or change in any of the shareholders
of the Lessee or any scheme of arrangement or compromise or
any other scheme affecting the existing constitution or
structure of shareholdings of the Lessee shall be deemed to
be an assignment within the meaning of this sub-clause.
Avoidance (36) Not to do or permit or suffer to be done anything whereby
of policy the policy or policies of insurance on the Building or any
and part thereof against loss or damage by fire or other risks
increase of for the time being subsisting may become premiavoid or
voidable or whereby the rate of premium thereof may be
increased and to make good all damage suffered by the
Lessor and to repay to the Lessor all
sums paid by the Lessor by way of increased premia and all
expenses incurred by the Lessor in or about any renewal of
such policy or policies rendered necessary by a breach or
non-observance of this covenant.
Indemnity (37) To indemnify and keep indemnified the Lessor from and
against -
(a) all claims demands writs -summonses actions suits
proceedings judgments orders decrees damages costs
losses and expenses of any nature whatsoever which
the Lessor may suffer or incur in connection with
loss of life personal injury and/or damage to
property arising from or out of any occurrence in
upon or at the Premises or the use of the Premises
or any part thereof by the Lessee or by any of the
Lessee's employees independent contractors agents
invitees or licensees:
(b) all loss and damage to the Premises the Building and
to all property therein caused directly or
indirectly by the Lessee or the Lessee's employees
independent contractors agents invitees or licensees
and in particular but without limiting the
generality of the foregoing caused directly or
indirectly by the use or misuse waste or abuse of
water gas or electricity or faulty fittings or
fixtures of the Lessee.
Lessee's (38) At all times during the Term and during any period of
insurance holding over to keep current -
(a) an adequate public liability insurance policy which
shall be taken out with an insurance company
approved by the Lessor in respect of the Premises;
(b) an adequate insurance policy which shall be taken
out with an insurance company as aforesaid on
internal partitions and all goods belonging to or
held in trust by
the Lessee in the Premises against loss or damage by
fire;
(c) an adequate insurance policy which shall be taken
out with an insurance company as aforesaid in
respect of all glass windows doors and walls in or
on the Premises in such amount not less than the
full insurable value against such risks as the
Lessor may require;
and to produce to the Lessor on demand the policies
referred to above as well as the receipts for payment of
premia in respect thereof,
Compliance (39) At all times during the Term to promptly comply with and at
with the Lessee's cost and expense all such requirements as may
statutes be imposed on the occupier of the Premises by any statute
now or hereafter in force and any order rule regulation
requirement and notice thereunder.
[information (40) Should the Lessee receive any notice from government or any
to Landlord statutory public or municipal authority with respect to the
Premises, to give notice thereof forthwith in writing to
the Lessor.
Rules and (41) To observe and perform and to cause all his employees
regulations independent contractors agents invitees or licensees to
observe and comply with all rules and regulations contained
in the Third Schedule hereto or as may be varied amended or
added to by the Lessor from time to time under Clause 6(5)
hereof.
Yielding up (42) At the expiry or sooner determination of the Term, to yield
up the Premises with the fixtures (other than the Lessee's
fixtures as shall belong to the Lessee and such other
fixtures as shall be required by the Lessor to be removed)
in good and tenantable repair and condition (fair wear and
tear excepted) to the Lessor together with all the keys to
the Premises and all doors therein,
and if so required by the Lessor, to remove all signs names
notices internal partitions fixtures and installations of
the Lessee or any of them as are specified by the Lessor
from the Premises and reinstate the Premises, including all
air-conditioning installations, to their original state as
at the Commencement Date to the satisfaction of the Lessor,
and where the approval OF any government or statutory
authority is required for such removal or reinstatement, to
procure the same.
Removal (43) To carry out the removal and/or reinstatement mentioned
and in sub-clause (42) of this Clause -
reinstatement
(a) in the case of any electrical plumbing or
air-conditioning works or installations, by a
nominated contractor of the Lessor appointed by the
Lessee;
(b) in all other cases, by a contractor appointed by the
Lessee and approved by the Lessor under the
supervision of the Lessors architect engineer and
other consultant and to pay for all costs fees and
expenses OF such architect engineer and other
consultant and to make good all damages done to the
Premises by such removal or reinstatement on or
prior to the expiry of the Term and if the Lessee
shall fail to do so the Lessor may make good all
such damages and the costs incurred by the Lessor in
making good such damage shall be paid by the Lessee
to the Lessor within seven (7) days of the Lessor
notifying the Lessee of the amount thereof.
Redecoration (44) To redecorate the Premises to the satisfaction of the
Lessor immediately prior to the expiry or sooner
determination of the Term. For the purposes of this
sub-clause, "redecorate" and "redecoration" shall include
the washing of the whole of the interior of the Premises,
the repainting with two coats of oil paint or emulsion
paint or other appropriate treatment of all of the
internal parts of the Premises previously so treated and
also the replacing of all ceiling boards and floor tiles
which in the opinion of the Lessor are worn out or damaged
and in need of replacement.
(45) If the Lessee shall fail to carry out the removal and
reinstatement mentioned in sub-clauses (42) and (43) of
this Clause and the redecoration mentioned in sub-clause
(44) of this Clause, to pay or reimburse the Lessor the
costs of such removal reinstatement and/or redecoration
carried out by the Lessor together with such other amounts
which the Lessor would have been entitled to receive from
the Lessee had the Premises been held over by the Lessee
after expiry or sooner determination of the Term without
the consent of the Lessor for the period within which such
removal reinstatement and/or redecoration is effected by
the Lessor.
Legal Costs (46) To pay all legal costs (including the Lessor's solicitors'
charges on a solicitor and client basis) stamp duty and all
other disbursements and out-of-pocket expenses incurred in
the preparation and completion of this Lease, and in
connection with any assignment sub-letting or termination
thereof otherwise than by effluxion of time or with any
claim or legal proceedings which may be brought by the
Lessor against the Lessee in connection with or arising out
of this Lease.
Goods and (47) The Lessee shall pay to the Lessor any goods and services
Services Tax tax or other imposition of a like nature by whatever name
called that may be levied or imposed for any goods or
services supplied under or in connection with this Lease.
Lessor's 5. The Lessor hereby covenants with the Lessee as follows-
covenants
(1) To provide, subject to Clause 6(11) hereof-
Air- (a) air-conditioning services during the hours of 8.00 a.m,
conditioning to 6.00 p.m. on weekdays and 8.00 a.m. toll.00 p.m. on
Saturdays (except on public holidays) PROVIDED ALWAYS that
such services may at the request of the Lessee be extended
by the Lessor (but without any obligation so to do) beyond
the hours hereinbefore mentioned on such terms as the
Lessor may stipulate, including the payment by the Lessee
of additional charges for such additional air-conditioning
services;
Lifts (b) lift services available for use by the Lessee and the
Lessee's employees and visitors between the hours of 8.00
a.m. to 6.00 p.m. on weekdays and 8.00 a.m. to 1.00 p.m. on
Saturdays (except on public holidays) and at least one (1)
passenger lift and one (1) service lift available for use
by the Lessee on a twenty-four (24) hours basis;
Electricity (c) electricity for the lighting of the passageways staircases
toilets and other common parts of the Building;
Water (d) water for the toilets in the Building; and
Car Parking (e) SIX (6) CAR PARKING LOTS for use by the Lessee and the
their employees agents and invitees.
.Taxes (2) Subject to Clause 5(3) HEREOF to pay all present and
future rates taxes assessments and outgoings imposed upon
or in respect of the Building or any part thereof save and
except those herein agreed to be paid by the Lessee.
Insurance (3) To insure and keep insured the Building (excluding fittings
and fixtures installed by the Lessee) against damage by
fire or such other risks as the Lessor may deem fit and
adequate.
Quiet (4) That the Lessee paying the rent and service charge hereby
enjoyment reserved and performing and observing the several covenants
herein contained and on his part to be observed and
performed shall peaceably hold and enjoy the Premises
without any interruption from the Lessor or any person
claiming under or in trust for it,
6. PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED as
follows:-
Determina- (1) If the rent and/or the service charge hereby reserved or
tion any part thereof shall at any time be unpaid for fourteen
(14) days after the same shall have become due (whether
formally demanded or not) or if any covenant on the
Lessee's part herein contained shall not be observed or
performed or if the Lessee being a company shall go into
liquidation whether voluntary (save for the purpose of
amalgamation or re-construction) or compulsorily or a
receiver shall be appointed of its undertaking property or
assets or shall be placed under the judicial management of
a judicial manager or being an individual shall have a
receiving order or an adjudication order made against him
or if the Lessee shall make any arrangement or composition
with creditors or if any execution or attachment shall be
levied upon or issued against any of the property or assets
of the Lessee and shall not be paid off or discharged
within seven (7) days thereof, then and in any one of the
said cases it shall be lawful for the
Lessor at any time thereafter to forfeit the deposit or any
part thereof as the Lessor may in its absolute discretion
determine to compensate the Lessor for its loss or damage
and to re-enter upon the Premises or any part thereof in
the name of the whole and thereupon the Term shall
forthwith and absolutely cease and determine but without
prejudice to the right of action of the Lessor in respect
of any rent and/or service charge or of any antecedent
breach of the Lessee's covenants herein contained.
Interest on (2) In addition and without prejudice to any other right power
arrears or remedy of the Landlord if the rent and/or service charge
hereby reserved or any part thereof shall at any time
remain unpaid on its due date (whether formally demanded or
not) then the Lessee shall pay to the Lessor interest
thereon at two per cent (2%) per annum above the current
prime lending rate for advances for the time being
prescribed by a leading bank in Singapore selected by the
Lessor. The Lessor shall be entitled to recover such
interest from the Lessee as if such interest were rent in
arrears.
Landlord's (3) Notwithstanding anything herein contained if this Lease
Rights shall come to an end whether by effluxion of time or
Against otherwise if the Lessee shall fall to remove all
Lessee's his goods (which expression where hereinafter used
Goods shall include personal property of every description)
from the Premises forthwith or if the Lessee shall abandon
the Premises or the Lessee shall be deemed to have
abandoned the Premises and terminated this Lease
unilaterally then and in any of the said cases it shall be
lawful for the Lessor to sell or otherwise dispose of the
goods of the Lessee in the Premises at such time or times
and at such price or prices as the Lessor shall think fit
and v%4thout prejudice to the other rights and remedies of
the Lessor, the Lessor shall after payment out of the
proceeds of sale the costs and expenses connected with the
said sale apply the net proceeds of sale towards payment of
all arrears of rent and the interest thereon and all other
sums of money due and payable by the Lessee to the Lessor
under this Lease and the balance (if any) shall be paid
over to the Lessee.
Weights and (4) The Lessor shall have the power to prescribe the weight and
measures proper position of all iron or steel safes and other heavy
machinery and equipment furniture articles or goods
whatsoever in the Premises and any or all damages caused to
the Building or any part thereof by the Lessee or anyone on
his behalf by taking or moving out any safe machinery
equipment furniture goods or other articles during the time
such are in the Building shall be made good by the Lessee,
or if made good by the Lessor, at the expense of the
Lessee-
Rules and (5) The Lessor shall have the right at any time and from time
regulations to time to add to amend cancel or suspend rules and
regulations contained in the Third Schedule as in the
judgment of the Lessor may from time to time be required
for the management security care or cleanliness of the
Building or for the preservation of good order therein or
for the convenience of lessees and other occupiers and all
such rules and regulations shall bind the Lessee upon and
from the date on which notice in writing thereof is given
to him by the Lessor. if there shall be inconsistency
between the provisions of this Lease and the provisions of
such rules and regulations then the provisions of this
Lease shall prevail unless otherwise expressly stated.
Untenant- (6) That if the Premises or any part thereof shall be damaged
ability or destroyed by fire flood lightning storm tempest or other
cause s o as to render the Premises substantially unfit for
occupation and use (except where such damage or destruction
has been caused by the act or default of the Lessee his
servant independent contractor agent visitor invitee or
licensee) -
(a) the rent and service charge hereby covenanted to be
paid or a fair and just proportion thereof according
to the nature and extent of the damage sustained
shall be suspended until the Premises shall again be
rendered fit for occupation and use, and any dispute
concerning this clause shall be determined by a
single arbitrator in
accordance with the Arbitration Act (Cap. 10) or any
statutory modification or re-enactment thereof for
the time being in force;
(b) where the Lessor in its absolute discretion shall
decide that the Building or the Premises are so
badly damaged that the rebuilding or reconstruction
thereof in its previous form will be impracticable
or undesirable, the Lessor may within ninety (90)
days after such damage or destruction has been
sustained give notice to the Lessee in writing to
terminate the Lease and upon such notice being
given, this Lease shall terminate and the Lessee
shall (if still in occupation) vacate the Premises
without compensation from the Lessor but such
termination as aforesaid shall be without prejudice
to the rights of the Lessor in respect of any
antecedent breach by the Lessee of any of its
covenants herein contained;
PROVIDED ALWAYS that nothing herein contained shall be deemed to
impose any obligation upon the Lessor to rebuild or reinstate or
make fit for occupation the Premises.
Refusal of (7) Notwithstanding anything herein contained, the Lessor shall
access have the right at all times to refuse access to the
Building or otherwise control such access in respect of any
person whose presence in the Building might in the judgment
of the Lessor be prejudicial to the safety character
reputation and interest of the Building and its lessees or
occupiers.
Waiver of (8) No condoning excusing or overlooking by the Lessor of any
covenant default breach or non-observance or non-performance by the
Lessee at any time or times of any of the Lessee's
obligations herein contained shall operate as a waiver of
the Lessor's obligations hereunder in respect of any
continuing or subsequent default breach or non-observance
or non-performance or so as
to defeat or affect in any way the rights of the Lessor
herein in respect of any such continuing or subsequent
default breach or non-observance or non-performance and no
waiver by the Lessor shall be inferred from or implied by
anything done or admitted by the Lessor unless expressed in
writing and signed by the Lessor, Any consent given by the
Lessor shall operate as a consent only for the particular
matter to which it relates and shall in no way operate as a
waiver or release of any of the provisions hereof, nor
shall it be construed as dispensing with the necessity of
obtaining the specific written consent of the Lessor in
future, unless expressly so extended.
Landlord not (9) The Lessor shall not be liable or in any way responsible to
liable for the Lessee or any of the Lessee's employees independent
damages contractors agents invitees or licensees or to any other
person for any injury loss or damage WHICH may be suffered
or sustained to any property or by any person in the
Building or on the land it is erected on howsoever
occurring.
Service of (10) Any notice or other document or writing required to be
notice served delivered or given under this Lease to the Lessee
shall be deemed sufficiently served if sent by registered
post to or left at the Premises and any notice or other
document or writing required to be served delivered or
given under this Lease to the Lessor shall be deemed
sufficiently served if sent BY registered post to or left
at the registered office of the Lessor. A notice by one
party to the other party shall be deemed to be received by
the other party within forty-eight (48) hours of posting.
No claim by (11) Notwithstanding anything herein contained the Lessor shall
Lessee not be liable to the Lessee, nor shall the Lessee have any
claim against the Lessor in respect of -
(a) any interruption in any of the services hereinbefore
mentioned by reason of necessary repair replacement
or maintenance of any installation or apparatus or
any part thereof or damage thereto or destruction
thereof by fire water riot act of God or other cause
beyond the Lessors control or by reason of
mechanical or other defect or breakdown or other
inclement condition or shortage of manpower fuel
materials electricity or water or by reason of
labour dispute;
(b) any act omission default misconduct or negligence of
any xxxxxx attendant or other servant or employee
independent contractor or agent of the Lessor in or
about the performance or purported performance of
any duty relating to the provision of any of the
services supplied by the Lessor to lessees and
occupiers of the Building:
(c) any damage injury or loss arising out of the leakage
from the piping wiring and sprinkler system in the
Building and or the structure of the Building.
Option to (12) The Lessor shall at the written request of the Lessee made
renew not less than six (6) months before the expiration of the
Term and if there shall not at the time of such request be
any existing breach or non-observance of any of the
covenants and conditions on the part of the Lessee to be
observed and performed herein contained and at the Lessee's
expense grant to the Lessee a lease for a further term of
ONE (1) YEAR for the Premises on the same terms and
conditions as herein contained save for this option to
renew clause and at such rent to be determined in
accordance with the then prevailing market rental.
Notice of (13) In the event of the Lessee failing to sign the new lease
vacancy with the Lessor for the aforesaid further term by the date
not later than three (3) months prior to the expiry of the
Term, the Lessor shall
be entitled to exhibit outside the Premises or on the doors
thereof a notice stating that the Premises are to be VaC2nt
and for letting and the Lessee shall permit all prospective
lessees or purchasers of the Premises accompanied by a
representative of the Lessor free ingress to and egress
from the Premises for the purpose of viewing the Premises.
Early (13A) Twenty-Four (24) months after the Commencement Date, the
Termination Lessee may terminate the Agreement on giving the Lessor not
less than six (6) months' written notice or six (6) months'
rental and service charge in lieu of such written notice
and in such an event, the Deposit paid hereunder shall be
refunded in accordance with Clause 3(7) hereof. For the
avoidance of doubt, this Clause 13A shall only be
applicable twenty-four (24) months after the Commencement
Date.
Change of (14) The Lessor shall have the right at any time Without the
location of same constituting an actual or constructive eviction of the
entrances etc Lessee, and without incurring any liability to the Lessee
therefor, to change the arrangement and/or location of
entrances passageways doors doorways partitions landings
staircases lobbies lifts toilets and other public parts of
the Building or any of the services or any apparatus
serving the Building and to change the name number or
designation by which the Building is known.
No liability (15) The Lessor shall not be under any liability whatsoever
for injury to the Lessee or to any person whomsoever in respect of any
or damage injury or damage to any property or sustained by the Lessee
or such other persons as aforesaid, caused by or through or
in any way owing to the overflow of water from any offices
or premises in the Building whatsoever except where the
said overflow of water is caused by the gross negligence of
the Lessor.
No rights on (16) Nothing herein contained shall confer on the Lessee any
Tenant to right to enforce any covenant or agreement relating to
enforce other portions of the Building demised by the Lessor or
amendments limit or affect the right of the Lessor in respect of any
-relating to such other premises to deal with the same and impose and
other portions vary such terms and conditions in respect thereof in any
of Buildings manner as the Lessor may think fit.
Marginal (17) The marginal notes appearing in this Agreement are inserted
Notes only as a matter of convenience and in no way define limit
construe or describe the scope or intent of the sections or
clauses of this Lease, nor in any way affect this Lease.
Condition (18) The Lessee acknowledges and declares that no promise
of the representation warranty or undertaking has been given by or
Premises on behalf of the Lessor in respect of the suitability of
the Premises or the Building for any business to be carried
on therein or to the fittings finishes facilities and
amenities of the Premises or the Building or as to other
businesses to be carried on in the Building otherwise than
in the Lease contained.
Interpreta- (19) In the interpretation of this Lease except to the extent
tion that such interpretation shall be excluded by or be
repugnant to the context when used herein -
(a) "Common Area" means those parts areas premises and
facilities of and in the Building or the land on
which it is erected which are not leased or intended
to be leased by the Lessor to the Lessee or to any
other lessee and which are now or hereafter provided
by the Lessor for the common use by lessees of
premises in the Building and their respective
employees inviteas and licensees in common with the
Lessor and all other persons having the like right
to use the same (including but without limiting the
generality of the foregoing all roads walls carparks
walkways pavements passages entrances courts halls
toilets stairways escalators elevators and gardens
and such other areas amenities grounds and
conveniences from time to time provided
prescribed or made available by the Lessor for the
common or general use or benefit of lessees
employees invitees and licensees as aforesaid and
all other persons having the like (right);
(b) "Dollars" means Singapore Dollars and the sign 'T'
shall have the corresponding meaning;
(c) "the Lessee" shall include, if the Lessee is an
individual, his personal representative and
permitted assigns, or if the Lessee is 2 company,
its permitted assigns and successor in title;
(d) "the Lessor" shall include the successors and
assigns of the Lessor;
(e) "month" means a calendar month;
(f) "person" shall include a corporation;
(g) "Pipes" means all pipes sewers drains gutters
watercourses flues mains ducts conduits wires and
all other conducting media and any other ancillary
apparatus;
(h) words importing the singular or plural number shall
be deemed to include the plural or singular number
respectively and words importing the masculine
gender only shall include the feminine or neuter
gender and vice versa as the case may be; and
(j) where two or more persons are included in the term
"the Lessee", all covenants agreements terms
conditions and restrictions shall be binding on them
jointly and each of them severally and shall also be
binding on their personal representatives and
permitted assigns respectively jointly and
severally.
AS WITNESS the hands of the parties hereto the day and year first above
written.
THE-FIRST SCHEDULE ABOVE REFERRED TO
(Clause 1)
All that the premises on the 17TH STOREY (UNIT #117-011T04) of the Building
being the area more particularly delineated and hatched red on the plan annexed
hereto and estimated to contain an area of 4,478 square feet or thereabouts.
THE SECOND SCHEDULE ABOVE REFERRF-D
PROVISIONS RELATING TO LE~EE~'S FITTING OUT-WORKS
(Clause 3A(2))
1 The Lessee will at the Lessee's own cost and expense prepare and submit
to the Lessor for approval the plans and specifications of the Lessee's
fitting out works and the Lessee's proposed schedule for carrying out the
Lessee's fitting out works ("fitting out schedule") before any fitting
out work is carried out.
2. The Lessee will at the Lessee's own cost and expense apply for and obtain
the necessary approvals from the relevant authorities for the Lessee's
fitting out works.
3. The Lessee will hot commence the Lessee's fitting out works unless the
approvals of the Lessor and the relevant authorities have been obtained.
4. Prior to the commencement of the Lessee's fitting out works, the Lessee
shall:-
(a) effect and maintain a public risk insurance and workmen's
compensation insurance and shall produce proof thereof to the
Lessor on request; and
(b) pay to the Lessor a cash renovation deposit of DOLLARS FIVE
THOUSAND ONLY $5,000.00) as security for the due performance
and completion of the Lessee's fitting out works and such
other works as may be prescribed y the Lessor including the
removal of waste and debris. The said deposit shall be
refunded to the Lessee without interest within one (1) month
from the satisfactory completion of the Lessee's fitting out
works and the said other works.
5. The Lessee will comply with the Fitting Out Manual for Alexandra Point,
including any amendments, variations or additions to such Manual, and
observe the instructions of the Lessor, its consultants and its
contractors.
6. The Lessee will ensure that the Lessee's fitting out works will allow
for and accommodate the execution of any of the works to be carried out
by the Lessor.
7. The Lessee will during the fitting out period:
(a) carry out and complete with due diligence the Lessee's fitting
out works in a good workmanlike manner and in accordance with
the approved fitting out plans and specifications, the
approved fitting out schedule and good building practice and
use good and suitable materials; and
(b) comply with all rules, regulations or requirements of any
government body or authority in connection with the Lessee's
fitting out works and/or the Premises.
8. Notwithstanding any other term or condition herein, the Lessee's
fitting out works shall not involve any change which requires
approval(s) from any competent authority except with the prior written
approval of the Lessor and such competent authority. For the avoidance
of doubt, the prior written consent of the Lessor shall be obtained
prior to any application to any competent authority for purpose of
carrying out such fitting out works.
9. Application for the supply of electricity water and all other utilities
for use in connection with the Lessee's fitting out works will be made by
the Lessee and the Lessee shall pay all charges for electricity water and
other utilities used in connection with the Lessee's fitting out works.
10. If the Lessee is permitted to commence the Lessee's fitting out works the
Lessee will comply with all requirements of the Lessors architect
engineer or other consultant as to the method of and schedule for
carrying out the Lessee's fitting out works.
11. Nothing herein shall prevent the Lessor from carrying out and completing
its work in the Premises or the Building or any part thereof during the
fitting out period and the Lessee will have no claim against the Lessor
for damages compensation or costs whatsoever which the Lessee may suffer
or incur as a result thereof.
12. The Lessee hereby acknowledges that the use and occupation of the
Premises by the Lessee during the fitting out period shall be for the
purpose only of carrying out and completing the Lessee's fitting out
works and shall be at the Lessee's sole risk in all respects. All the
Lessee's fitting out works in progress or executed, and all materials,
goods, stocks and other things brought into or upon the Premises or any
area in the Building for or in connection with the Lessee's fitting out
works shall stand at the sole risk of the Lessee with regard to any loss
thereof or damage thereto.
13. In carrying out the Lessee's fitting out works the Lessee will not do or
permit or suffer to be done in or upon the Premises or the Building or
any part thereof anything which may be or become a nuisance or annoyance
or cause damage to the Lessor or to the tenants or occupiers of
neighbouring premises.
14. For the purpose of carrying out any electrical and mechanical works in
the Premises, the Lessee shall only employ such contractor as shall be
nominated by the Lessor. For the purpose of carrying out all the Lessee's
fitting out works in the Premises other than the electrical and
mechanical works, the Lessee shall only employ such contractor as shall
be approved by the Lessor.
15, The Lessee will on demand pay to or reimburse the Lessor all the costs,
fees or charges incurred by the Lessor for and in connection with
approving the fitting out plans and specifications and fitting out
schedule and supervising the Lessee's fitting
out works to ensure that the Lessee's fitting out works are carried out
in accordance With the approved fitting out plans and specifications and
fitting out schedule.
16. The Lessee will ensure that his servants agents and contractors will
properly use the toilets and other facilities so that cleanliness thereof
can be maintained and that from time to time and in particular on
completion of the Lessee's fitting out works all rubbish and debris are
removed from the Premises and the Building and all damages to the
Building or any part thereof have been made good.
THE THIRD SCHED-ULE ABOVE REFERRED T
RULES AND REGULATIONS OF THE BUILDING
(Clauses 4(41) and 6(5))
1. The Lessee will use or permit to be used for the receipt delivery or
other movement of any goods wares or merchandise or articles of bulk or
quantity only such parts of the Premises and the Common Area and at such
times as the Lessor may from time to time direct.
2. The Lessee shall not throw or drop or permit or suffer to be thrown or to
be dropped any articles or substance whatsoever from or out of the
Premises or the Common Area or any part thereof and shall not place upon
any sill ]edge or other like part of the Premises or the Common Area any
article or substance.
3. The Lessee will keep clean and free from dirt and rubbish such parts of
the Common Area or any passageway as immediately adjoin the Premises.
4. The Lessee will use its best endeavours to protect and keep safe the
Premises and any property contained therein from theft or robbery and
shall keep all doors windows and other openings closed and securely
fastened when the Premises are not occupied and the Lessor shall be
entitled by its agents employees servants and workmen to enter and fasten
the same if left insecurely fastened.
5. The Lessee shall not permit the keys of the Premises at any time to
come into the possession or control of any person other than the
Lessee, its servants or agents.
6. No rubbish or waste shall at any time be burnt upon the Premises or the
Common Area or any part thereof.
7. The Lessor shall be entitled to close the Building and the Common Area
or any part thereof and to prevent and prohibit any person (including
the Lessee) from entering or remaining thereon between the hours of
7:00 p.m. and 8:00 a.m., inclusive. Without affecting the generality of
the foregoing, the Lessor may close, lock off or otherwise control the
Common Area or any part thereof from time to time and may take all such
actions as the Lessor may deem necessary for the purposes aforesaid and
in particular may prohibit the use of the parking areas in the Building
prior to the hour of 8:00 a.m. or such earlier hour as the Lessor may
from time to time determine to prevent unauthorized persons not
intending to conduct business with or become customers of any of the
occupants of the Building from using the parking areas of the Building
for any private or other purpose. Provided Always that the Lessee shall
be permitted to enter and/or remain in or about the Building and the
Common Area or any part thereof between the hours of 7:00 p.m. and 8:00
a.m. inclusive, subject to the Lessee complying with al the rules and
regulations, including the operational security requirements, governing
the entry and exit to and from the Building.
8. The Lessee shall not bring or permit any person to bring or leave in or
about the Building any animal or play or permit any person to play any
musical instrument in or about the Premises or any part of the
Building.
9. The Lessee shall advise the Lessor of the private address of the Lessee
or if the Lessee shall be a corporation, of the manager thereof, or if
there shall be more than one lessee of any two of them. The Lessor
shall be promptly informed of any change in any such address.
10. The Lessee shall not allow any accumulation of rubbish in the Premises.
11. If at any time during the Term any authority having jurisdiction or
authority over or in respect of the Premises or the user thereof
requests requires notifies or
orders any structural alterations additions or other works to be made to
the Premises -the Lessee will at all times permit the Lessor to enter the
Premises or any part thereof for the purpose of making any such
structural alterations additions or other works or any of them as
aforesaid.
12. The Lessee will take all reasonable precautions to keep the Premises free
of rodents vermin insects pests birds and animals and in the event of
failing so to do will if so required by the Lessor but at the cost of the
Lessee employ from time to time or periodically pest exterminators
approved by the Lessor.
13. The Lessee a shall not use or permit nor suffer to be used the toilets
sinks and drains and other plumbing facilities in the Premises or the
Common Area for any purpose other than those for which they were
constructed or provided and shall not deposit or permit to be deposited
therein any sweepings rubbish or other matter and any damage thereto
caused by misuse shall be made good by the Lessee forthwith.
14. The Lessee shall not change or otherwise alter the size or location OF
the entrances of the Premises except with the prior written consent OF
the Lessor.
SIGNED by
for and on behalf of XXXXX XXXX
CPL XXXXXXXXX POINT PTE LTD Director
in the presence of:
X X,,Wk~
SIGNED by
for and on behalf of
VIEWLOCITY ASIA PACIFIC PTE LTD)
in the presence of:- /s/ ANDERS BERGLANO
"WA "-I
[VIEWLOCITY ASIA PACIFIC PTE LTD SEAL]
