DATED: 30th
DAY OF APRIL
2004
BETWEEN
NG XXXXX XXXX
(LANDLORD)
AND
AU E MUN
(TENANT)
TENANCY AGREEMENT
of
XX. 00, XXXXX XXX 00/0X
XXXXXX XXXX
XXXXXXXX
AGREEMENT
AN AGREEMENT made the day and year stated in Schedule A
between the party whose name and address are stated in Schedule B (hereinafter
referred to as "the Landlord") of the one part and the party whose name and
address are stated in Schedule C (hereinafter referred to as "the Tenant") of
the other part.
WHEREAS the Landlord is the registered proprietor of the
property more particularly referred to and described in Schedule D (hereinafter
referred to as "the Demised Premises").
NOW IT IS HEREBY AGREED as follows:-
1. The Landlord lets and the Tenant takes the Demised Premises for the
term stipulated in Schedule E at the rent stipulated in Schedule F and subject
to the terms and conditions hereinafter contained.
2. The Tenant shall upon execution of this Agreement pay the Landlord the
sum stipulated in Schedule G by way of deposit as Security for the due
observance and performance by the Tenant of the terms and conditions of this
Agreement. The said sum shall be maintained at those figure and shall not
deemed or treated as payment of rent.
3. THE TENANT HEREBY COVENANTS WITH THE LANDLORD as follows:-
(a) To pay the rent monthly in advance on the 1ST of every calendar month
then commencing subject to the stipulations term and conditions hereinafter
contained.
(b) To pay the Landlord upon the execution of this Agreement the sum of
Ringgit as specified in Schedule H only as deposit for electricity and water
charges and/or for telephone rental to be incurred during the tenancy of the
Demised Premises. The said sum less sums as may then be payable by the Tenant
under this Agreement shall be refunded without interest to the Tenant on the
termination of this tenancy.
(c) During the term hereby created to pay any increase if rates or other
imposition of a like nature by whatever name called over and above the amount
of such rates on imposition levied or imposed as at the date of commencement
of the term hereby created where such increase is due of attributable to an
increase in the rates payable.
(d) To keep the Demised Premises, the flooring and interior plaster or
other surface material or rendering on walls and ceilings and the Landlord's
fixtures thereon in good and tenantable repair and clean condition and to
replace or repairany part of the Demised Premises and the Landlord's fixtures
and fittings therein which shall be broken or damage due to malicious,
negligent or careless acts or omission of the Tenant his servants, agents
invitees or otherwise and further that if any damage is caused to the Landlord
to any person whomever directly or indirectly through the said damaged
condition of any part of the interior of the Demised Premises the Tenant shall
be wholly responsible therefore and shall fully indemnify the Landlord against
all claims, demands, actions and legal proceedings whatsoever made upon the
Landlord by any person in respect thereof.
(e) To permit the Landlord and the Landlord's servants, agents and workmen
and with all necessary equipment and appliances at all reasonable time to enter
upon the demised Premises and to view the condition thereof and to do such
works and things as may be require for any repairs, alterations or any other
part or parts of the said building had forthwith to repair and amend in a
proper and workmanlike manner any defects for which the Tenant is liable and
of which written notice shall be given to the Tenant or left in the Demised
Premises and to pay the costs of the Landlord's solicitor or otherwise in
respect of the preparation of the notice.
(f) Not to do or permit to the done upon the Demised Premises anything
which in the opinion of the Landlord may constitute a nuisance.
(g) To use the Demised Premises only for the purpose specified in
Schedule I.
(h) Forthwith to notify the Landlord in writing of any notices served by
any competent authority and with all due speed to comply with the terms of the
said notice as are effective and to keep the Landlord indemnified from and
against all actions, costs, claims, demands and liability in respect thereof.
(i) Not to make or permit to be made any alterations in or additions or
partitions to the Demised Premises or to the Landlord's fixtures, fittings and
decorations wherein without having first obtained the written consent of the
Landlord thereof and upon the determination of the term hereby created, if so
requested by the Landlord, to restore the Demised Premises to their original
state and condition at the expense of the Tenant.
(j) Not to assign, underlet, or part with the actual or legal possession
or the use of the Demised Premises or any part thereof for any term whatsoever
without the previous consent in writing of the Landlord first obtained.
(k) Not without the previous consent of the Landlord to affix, paint or
otherwise exhibit on the exterior of the Demised Premises or the windows
thereof or any part thereof any name plate, signboard, placard, poster or
advertisement of any flagstaff or other thing whatsoever or use the outer
wall of the Demised Premises for the purpose of any public announcement or to
exhibit anywhere outside the Demised Premises any indication of business or
otherwise except upon the written consent of the Landlord.
(l) Not to do or permit or suffer to be done anything whereby the policy
or policies of insurance on the Demised Premises against damage by fire may
become void or voidable or whereby the premiums thereon may be increased and
to make good all damage suffered by the Landlord and to repay to the Landlord
on demand all sums paid by them by way of increased premium and all expenses
incurred by the Landlord in or about any renewal of such policy or policies
rendered necessary by a breach or non-observance if this covenant without
prejudice to the other rights of the Landlord.
(m) Not to install or caused to be installed in the said Demised Premises
any heavy equipment or electrical appliances consuming high voltage without
the prior written consent of the Landlord first had and obtained.
(n) At the expiration or sooner determination of the tenancy to yield up
peaceably the Demised Premises with the fixtures, fittings and decorations
thereto in a tenantable repair and condition, fair wear and tear excepted.
(o) At all times during the term hereby created to comply with all such
requirements as may be imposed on the Tenant by any ordinance or Act or
Parliament now or hereafter in force and any orders, rules, regulations,
requirement and notice thereunder.
4. THE LANDLORD HEREBY COVENANTS WITH THE TENANT as follows:-
(a) To pay the quit rent and assessment imposed on and payable in respect
of the Demised Premises.
(b) At all times throughout the tenancy to insure and keep insured the
Demised Premises but excluding the Tenant's furniture fittings and chattels
from loss or damage by fire and to pay all premium necessary for that purpose.
(c) To permit the Tenant if they punctually pays the rent hereby reserved
and other charges and observes the stipulations on his part herein contained
to peaceably enjoy the Demised Premises without any interruption or
disturbances by the Landlord or those lawfully claiming title under or in
trust for them.
5. PROVIDED ALWAYS AND IT IS EXPRESSLY AGREED as follows:-
(a) If the rent hereby reserved or any part thereof shall at any time be
unpaid for fourteen (14) days after the same shall have become due (whether
formally demanded for or not) or any covenant on the Tenant's part herein
contained shall not be performed or observed or if the Tenant shall have a
receiving order made against him or shall have made any assignment for the
benefit of his creditors or entered into any agreement or made any
arrangements with his creditors by composition or otherwise or suffered any
distress or attachment or execution to be levied against his goods or if the
Tenant for the time being shall be a company and shall go into liquidation
whether compulsory or otherwise except for the purpose of reconstruction or
amalgamation then and in any such cases it shall be lawful for the Landlord
at any time thereafter to re-enter upon the Demised Premises or any part
thereof in the name of the whole and thereupon the tenancy shall absolutely
determine but without prejudice to the right of action of the Landlord in
respect or any antecedent breach of the conditions on the part of the Tenant
herein contained.
(b) The Landlord shall at the written request of the Tenant made not less
than three (3) months before expiration of the term hereby created and if
there shall not at the time of such request by any existing breach or non-
observance of any of the covenants for the part of the Tenant herein
contained to the performed at the Tenant's expense grant to the Tenant a
Tenancy of the Demised Premises for a further term and subject to the
conditions stipulated in the Schedule J.
(c) If the Tenant shall unilaterally determine the tenancy before the
expiry of the term hereby created the deposit shall be absolutely forfeited
to the Landlord without prejudice to the Landlord's right of action against
the Tenant for damages for breach of this Agreement.
6. Any notice or other document or writing required to be served
delivered or given hereunder shall be sufficiently served if left addressed
to the Tenant on the Demised Premises or sent to the Tenant by registered
post addressed to the Tenant's last known address in Malaysia and any notice
document or writing to the Landlord shall be sufficiently served if sent by
registered post to the Landlord last known address.
7. The cost of any incidental to the preparation and completion of
this Agreement including stamp duty shall be paid by the Tenant.
8. It is hereby expressly agreed between the Landlord and the Tenant
that the tenancy of the Demised Premises shall in addition to the term and
conditions herein be subject to the Special Conditions, if any, set out in
Schedule K. In the event of any conflict, discrepancies or Variance the
Special Conditions shall prevail.
9. The Schedule and Special Conditions shall be taken read and
construed as part of this Agreement.
10. Time wherever mentioned shall be of the essence.
11. This Agreement shall be binding upon the successors in title and
assigns personal representatives and heirs of the Landlord and Tenant.
SCHEDULE
(Which is part of this Agreement)
SCHEDULE ITEM PARTICULARS
----------------------------------------------------------------------------
A. The day and year of the Agreement 30th April 2004
B. Name and address of the Landlord Ng Xxxxx Xxxx
(Nric: 320524-71-5107)
Xx. 000, Xxxxx 0, Xx. Xxxxx
Xxxx 0, 00000
Xxxxxx, Xxxxxxxx
C. Name and address of the Tenant Au E Mun
(Nric: 761112-08-6280)
Xx. 00, XXX 00/0X
00000 Xxxxxx Xxxx
Xxxxxxxx
X. Description of the Demised Premises No: 29, Jalan USJ 10/1F
Subang Jaya
E. Term of lease Two (2) years
From: 1st June 2004
To: 31st May 2006
F. The rate of monthly rental RM 4,200.00 (Ringgit Malaysia:
Four Thousand & Two Hundred)
G. Security Deposit RM 8,400.00 (Ringgit Malaysia:
Eight Thousand & Four Hundred)
H. Utilities Deposit (Water and electricity deposit)
RM 4,200.00 (Ringgit Malaysia:
Four Thousand & Two Hundred)
I. Use of Demised Premises For Fast Food Restaurant
J. Option Two (2) years based on
prevailing market rate.
K. Special Conditions Free One (1) month renovation
period
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day
and the year first above written.
SIGNED by )
NG XXXXX XXXX ) /s/ Ng Xxxxx Xxxx
(Nric: 320524-71-5107) )
in the presence of : /s/ Xxxxxxxx Chooys
A-0356405
SIGNED by )
AU E MUN ) /s/ Au E Mun
(Nric: 761112-08-6280) )
in the presence of : /s/ Xxxxxxxx Chooys
A-0356405
