FIRST AMENDMENT TO
THE
CONTRACT OF LEASE
This First Amendment to the Contract of Lease made and executed by and
between:
XXXXXXX X. YNARES, Filipino, of legal age, with residence and postal
address at No. 25 Rizal St., San Xxxxxx Heights Subdivision, Tayunlan,
Binangonan, Rizal, hereinafter known as the LESSOR;
- and -
MOMENTUM INTERNET (PHILIPPINES) INC., a corporation duly organized and
existing under the laws of the Republic of tile Philippines, with office
address at Xxxxxxxxx 0 Xxxxxx Luxury Condominium, Pearl Drive, Ortigas
Center, Pasig City, represented herein by its President, XXXXXXX XXXXX,
hereinafter known as the LESSEE.
WITNESSETH: That
WHEREAS, on _ December 1998, the parties executed a Contract of Lease (the
"Contract") more particularly described as Doc. No. Page No. __, Book No. Series
of 1998 in the Notarial Registry of a notary public of the City of
WHEREAS, the Parties desire to amend certain provision of the Contract;
NOW THEREFORE, the parties agrees as follows:
Section 1. Paragraph 5.3 of the Contract is hereby amended to read as follows:
Paragraph 5.3 The LESSEE shall not make any alterations, additions or
repairs, nor start or proceed with any repair work, or in any case,
introduce improvements without obtaining the LESSOR's written approval and
consent: and the parties hereto agree that all permanent improvements or
alterations, additions, repair or works made on the leased premises (i.e.
those which cannot be removed without defacing the premises) shall upon
completion, form an integral part of tile leased premises and shall not be
removed therefrom and shall belong to and become the exclusive property of
the LESSOR; without any right on the part of the LESSEE, to be reimbursed
for the cost nor value thereof.
Section 2. Paragraph 6 of the Contract is hereby amended to read as follows:
Paragraph 6. During the existence of this lease, the LESSEE shall pay the
expenses for the electric power, water, telephone, and other utility
services which may be used or consumed by the LESSEE in the leased
premises. Any breakdown for any reason or cause of whatsoever of any said
utilities within the building or the leased premises shall not make the
LESSOR answerable for damages.
Repair in the utility services system, including water pipes and
toilet equipment and facilities within the leased premises shall be
undertaken by the LESSOR, provided however, that if the making of such
repair has been rendered necessary due to damage resulting from the fault
or negligence of the LESSEE's employee, agent, guest, client or customer,
said repairs shall be at the LESSEE's expense.
No delay in the making of such repairs nor defectiveness or
satisfactory condition thereof shall render the LESSOR liable for damage to
the LESSEE. However, if there is unreasonable delay in making repairs
despite due notice in writing, the LESSEE shall have the option to
preterminate the Lease and the advance payments and deposit, less
deductions permitted pursuant to the Contract, shall be immediately
returned to the LESSEE.
Section 3. Paragraph 7 of the Contract is hereby amended to read as follows:
Paragraph 7 The LESSOR shall not be liable for any damages caused or
arising from the failure of the water supply, failure of fluctuation of the
electric current, or defects from the plumbing, water or electric
installation, or bursting, leaking or running of any washstand, water
closet, cistern, tank or waste pipe in or adjacent to the leased premises,
or for damages caused by water coming through the roof. However, if there
is unreasonable delay in making repairs despite due notice in writing, the
LESSEE shall have the option to preterminate the Lease and the advance
payments and deposit, less deductions permitted pursuant to the Contract,
shall be immediately returned to the LESSEE.
Except for reasons due to the fault or negligence of the LESSOR, the
LESSEE during the occupancy of the leased premises hold the LESSOR free and
harmless from any damages, liability or responsibility to any person
arising out or as a consequence of the used of the leased premises by the
LESSEE, members of their staff and guests.
Section 4. Paragraph 9 of the Contract is hereby amended to read as follows:
Paragraph 9 Failure of the LESSEE for any reason whatsoever to pay any
monthly rental for the lease premises on the date it is due, or violation
by the LESSEE of the prohibition against assignment and sub-lease, or
breach by the LESSEE of any of the conditions herein stipulated shall
entitle/the LESSOR, at its sole option and judgment, to immediately, and
without notice nor court action nor judicial order, enter and close the
leased premises as LESSEE's attorney-in-fact and discontinue the use or
occupancy thereof by the LESSEE until the LESSEE has remedied the breach to
the complete satisfaction of the LESSOR, it being understood that said
closure shall not xxxxx the rentals nor subject the LESSOR to any kind of
civil nor criminal suit by the LESSEE, or any of the LESSEE's employees,
customers or other third persons.
Section 5. The Second Paragraph of Paragraph 13 of the Contract is hereby
transferred as the Second Paragraph of Paragraph 10 of the Contract.
IN WITNESS WHEREOF, the parties have hereunto signed these present in Pasig
City, Philippines, this ___ day of December, 1998.
/s/ Xxxxxxx X. Ynares MOMENTUM INTERNET
XXXXXXX X. YNARES (PHILIPPINES) INC.
By: /s/ Xxxxxxx Xxxxx
XXXXXXX XXXXX
President
SIGNED IN THE PRESENCE OF:
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
MANILA )S.S.
BEFORE ME, a Notary Public for and in MANILA Metro Manila, _______ this day
of December, 1999 personally appeared the following:
NAME CTC/Passport No. DATE/PLACE ISSUED
Xxxxxxx X. Ynares 15869402 7 Jan. 0000/Xxxxxxxxxx, Xxxxx
Xxxxxxx Xxxxx B 339203 18 July 89; Manila
known to me and to me known to be the same persons who executed the foregoing
First Amended to the Contract of Lease, and acknowledged to me that the same is
their true act and voluntary deed.
WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above
Doc. No.
Page No.
Book No.
Series of 1999
SEAL OF THE NOTARY PUBLIC
