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DEED OF MUTUAL COVENANTS

THIS DEED is made the day and the year stated in Section 1 of the First Schedule hereto BETWEEN
WAWASAN RAJAWALI SDN BHD (Company No. 917!"A#, a company incorporated in
Malaysia and hain! its re!istered address at "#th Floor, $la%a &S' , (alan )mpan!, *#+*# 'uala
,umpur and a place of -usiness at .th Floor, $la%a &S', (alan )mpan!, *#+*# 'uala ,umpur
/hereinafter called 0the 1endor02 of the one part )ND the party 3hose name/s2, description and
address/es2 are stated in Section " of the First 4 Schedule hereto /hereinafter called 55the $urchaser02 of
the other part4
ARTICLE I RECITALS
141 The 1endor is the deeloper of a mi6ed deelopment proisionally 7no3n as
$AN%AEA, comprisin!89
/a2 $hase I 9 an inte!rated retail and commercial -uildin! proisionally 7no3n as
$ARA%ON /hereinafter called 0the :omple602; and
/-2 $hase II 9 a serice apartment and<or small office home office /0S&H&02
deelopment proisionally 7no3n as SOLSTICE /hereinafter called 0the
Serice )partment Bloc7024
14" The $urchaser is the o3ner and proprietor of all that parcel of premises descri-ed in
S&'()on * o+ (,& F)-.( S',&/01& hereto (hereinafter called "the Said Parcel").
14= Pending the establishment of the Joint Management Body in accordance with the
provisions of the Building nd !ommon Property (Maintenance nd Management)
ct" #$$% or the Management !orporation in accordance with the provisions of the
Strata &itles ct" '()* and in order to provide for the peaceful en+oyment and
beneficial occupation of the Said Parcel in common with the ,endor and all other
purchasers of the parcels comprised in the Pro+ect" the ,endor and the Purchaser
hereby mutually agree to the terms and conditions contained hereinafter .
"
ARTICLE II
DEFINITIONS/INTERPRETATION
"41 )ll 3ords or e6pressions defined in the Sale and $urchase )!reement shall hae the same
meanin!s 3hen used in this Deed4
#.# -n this .eed unless there is something in the sub+ect or conte/t inconsistent with such
construction or unless it is otherwise e/pressly provided" the following words or
e/pressions shall have the following meanings01
0)ccess ,and0 means all that portion of the Said ,and measurin! in a!!re!ate area of
appro6imately *+1 s>uare metres as the same is more particularly delineated in B,?E in
the Site $lan anne6ed to the Second Schedule hereto" which has been reserved as the
common entry and e/it in and out of the !omple/ and the Service partment Bloc2.
0)ppropriate uthority3 means any governmental (federal" state or local)" 4uasi or semi
governmental and5or statutory bodies authorities departments or agencies and5or any
corporations approved and established for the provision of utility services and facilities"
including without limitation &enaga 6asional Berhad" Syari2at Be2alan ir Selangor
Berhad" Syari2at &ele2om Malaysia Berhad and -ndah 7ater 8onsortium Sdn. Bhd." and
include all persons authorised to act for and on their behalf.
0Buildin! )nd :ommon $roperty /Maintenance )nd Mana!ement2 )ct0 means the
Buildin! )nd :ommon $roperty /Maintenance )nd Mana!ement2 )ct "##@ and includes
any statutory modifications thereto or any re9enactments thereof4
0Buildin! $lans0 means the dra3in!s and plans for the $roAect su-mitted or to -e
su-mitted -y the 1endor or the 1endor5s architect to the )ppropriate )uthority and
includes such amendments to the Buildin! $lans or other plans as may from time to time
-e made -y the 1endor or its consultants or such amendments as may -e re>uired and
approed -y the 1endor5s architect and<or the )ppropriate )uthority.
0:ar $ar7 ,eel0 means collectiely the ,o3er Bround :ar $ar7 ,eel and the $odium :ar
$ar7 ,eel4
0:ertificate of :ompletion and :ompliance0 means the certificate !ien or !ranted under
any -y9la3s made under the Street, Draina!e and Buildin! )ct 1.@+4
0:ommon $roperty0 means and includes89
all that portion or portions of the Said ,and on 3hich the :omple6 and the Serice
)partment Bloc2 are erected or to be erected together with so much of the !omple/ and the
Service partment Bloc2 as are e/cluded from the individual 9etail :ffices" S:;: Suites"
the <ower =round !ar Par2 <evel and the individual Service partments (including
accessory parcels thereto " if any) or any provisional bloc2 or bloc2s>
/i2 the remainder of the Said ,and to!ether 3ith any other -uildin!s or structures
erected or standing thereon >
/ii2 the easements under oer and throu!h the parcels comprised in the $roAect for the
?tility )pparatus and other facilities and 3or7s for the proision of utility
serices and other serices to the parcel s comprised in the $roAect and the
:ommon $roperty ;
=
/iii2 an easement of support in each and eery portion of a parcel comprised in the $roAect
3hich contri-utes to the support of the :omple6 or the Serice )partment Bloc7 of
3hich the parcel forms a part;
/i2 all other properties to!ether 3ith all fi6tures and fittin!s installations facilities and
amenities used or capa-le of -ein! used or enAoyed in common -y the purchasers
and<or o3ners of the parcels comprised in the $roAect and<or re>uired for the proision
of utilities serices and other serices to the parcels comprised in the $roAect and<or to
the :ommon $roperty , includin! the S&F& Facilities and the Serice )partment
Facilities; and
/2 any other parts of the Said ,and, the :omple6 and the Serice )partment Bloc7
desi!nated as :ommon $roperty -y the 1endor and approed -y the )ppropriate
)uthority 4
0:omple60 means the inte!rated retail and commercial -uildin! proisionally 7no3n as
$)C)B&N, comprisin! the $odium Bloc7 and the S&F& Bloc7 and any other -uildin!s and
structures, erected or to -e erected on the :omple6 ,and4
0:omple6 ,and0 means all that portion of the Said <and measuring in aggregate area of
appro/imately ("*)# s4uare metres as the same is more particularly delineated in 9?. in the
Site Plan anne/ed to the Second Schedule hereto" upon which the !omple/ is or is to be
erected and developed by the ,endor.
0:omple6 Serices0 means the serices to -e proided -y the 1endor to the $urchaser and all
the purchasers of the Cetail &ffices, S&F& Suites, ,o3er Bround :ar $ar7 ,eel or their
,essees, family and initees, includin! 3ithout limitation such serices as stipulated in Third
Schedule hereto" until the same or any part thereof are ta2en over by the Joint Management
Body or Management !orporation" as the case may be.
0:omple6 Serice :har!es0 means such char!es paya-le -y the purchasers of the Cetail
&ffices, the S&F& Suites and the ,o3er Bround :ar $ar7 ,eel as may -e determined from
time to time -y the 1endor or the (oint Mana!ement Body or the Mana!ement :orporation as
the case may -e, as representin! a fair and Austifia-le proportion of and contri-ution to3ards
the cost and e6penses to -e incurred for the proision of the :omple6 Serices -y the 1endor,
the (oint Mana!ement Body or the Mana!ement :orporation, as the case may -e, and for the
control, mana!ement, administration , repair, up7eep and maintenance of the :ommon
$roperty 3ithin the :omple6 ,and and the :omple6, includin! 3ithout limitation the cost of
electric po3er and 3ater supply and all e6penditure and e6penses incurred -y or incidental to
the employment of personnel en!a!ed in connection there3ith4 Such char!es shall -e
calculated in accordance 3ith the proisions of :lause D4l (a) hereof.
0Forecourt0 means all that portion or portions of the corridor, 3al73ay and forecourt frontin!
the Cetail &ffices demarcated and desi!nated as accessory parcels thereto as the same shall -e
more particularly determined -y the 1endor in the approed Buildin! $lans4
0House Cules and Ce!ulations 0 means the rules and re!ulations, 3hich the 1end or, the (oint
Mana!ement Body or Mana!ement :orporation as the case may -e may determine to re!ulate
the use and enAoyment of the S&F& Facilities and the Serice )partment Facilities as 3ell as
the :ommon $roperty , the :omple6 and the Serice )partment Bloc7 !enerally and includes
such amendments additions su-stitutions and<or ariations thereto as may -e determined -y
the 1endor, the (oint Mana!ement Body or
4
Mana!ement :orporation as the case may -e at its a-solute discretion at any time and from
time to time4
0(oint Mana!ement Body0 means the Aoint mana!ement -ody to -e esta-lished in respect of
the :omple6 and<or the Serice )partment Bloc7 pursuant to the Buildin! and :ommon
$roperty /Maintenance )nd Mana!ement2 )ct4
0,essee0 means all person/s2 occupyin! a parcel or parcels comprised in the $roAect pursuant
to a licence tenancy lease assi!nment underlet su-9tenancy or pursuant to any 3hatsoeer
a!reement<arran!ement for the partin! 3ith possession of any parcel or parcels -y the o3ner
or proprietor concerned in any manner ho3soeer , 3hich e6pression shall include 3here
applica-le his family, serants, a!ents, !uests and initees4
0,o3er Bround :ar $ar7 ,eel 0 means all that portion or portions of the ,eel ,o3er
Bround of the $odium Bloc7 /e6cludin! the ,o3er Bround ,eel of the Serice )partment
Bloc72, comprisin! cars ans lorries motorcycles and other ehicles par7in! -ays, drie3ay,
ramp and 3al73ay to!ether 3ith all surface car par7in! -ays /located on ,eels ,o3er
Bround and Bround of the $odium Bloc72 /as accessory parcels thereto2 as the same shall -e
more particularly determined -y the 1endor in the approed Buildin! $lans4
0Mana!ement !orporation3 means the management corporation to be established under the
Strata &itles ct to manage the !omple/ and5or the Service partment Bloc2.
55National ,and :ode0 means the National ,and :ode 1.E* and the statutory
amendments and5or re1enactments thereof.
0Parcels comprised in the Pro+ect" means all that individual parcels of 9etail :ffices" S:;:
Suites" Service partments and the <ower =round !ar Par2 <evel erected or to be erected by
the ,endor on the Said <and pursuant to the Pro+ect.
0$odium Bloc7 0 means all that podium -loc7 comprisin! the ,o3er Bround :ar $ar7 ,eel,
the Cetail &ffice ,eel and the $odium :ar $ar7 ,eel erected or to -e erected on the
:omple6 ,and 4
0$odium :ar $ar7 ,eel0 means collectiely ,eels = and + of the $odium Bloc7 to!ether
3ith such portion or portions of ,eels *, E, @ and D of the $odium Bloc7, comprisin! cars
ans lorries motorcycles and other ehicles par7in! -ays, drie3ay, ramp and 3al73ay as the
same shall -e more particularly determined -y the 1endor in the approed Buildin! $lans4
0$roAect0 means the deelopment of and the erection of the :omple6 and the Serice
)partment Bloc7 on the Said ,and -y the ,endor.
0$urchaser0 means the party 3hose name/s2 description and address(es) are set out in Section
2 of First Schedule hereto and includes (in the case of natural person) his legal
representatives and permitted assigns or (in the case or a corporation or company) its
successors in title and permitted assigns.
0Cetail &ffices0 means collectiely the indiidual parcels of retail<office premises located on
the Cetail &ffice ,eel proisionally 7no3n as "PARAGON RETAIL OFFICES" forming
part of the 9etail :ffice <evel.
0Cetail &ffice ,eel0 means collectiely ,eels Bround, land # of the Podium Bloc2"
comprising individual parcels of 9etail :ffices as the same shall be more particularly
determined by the ,endor in the approved Building Plans.
*
0Said ,and0 means such portion of the freehold land measurin! in a!!re!ate area of
appro6imately 1.,.E@ s>uare metres, comprisin! the :omple6 ,and, the Serice )partment
,and and the )ccess ,and , and formin! part of the land held under H4S4/D2 "DD1. $T +1D=1
in Mu7im Den!7il , Daerah Sepan!, Ne!eri Selan!or Darul Ehsan 4
0Said $arcel0 means all that parcel of premises descri-ed in Section = of the First Schedule
hereto, 3hich e6pression shall include any accessory parcel thereto4
0Sale and $urchase )!reement0 means the sale and purchase a!reement made -et3een the
1endor of the one part and the $urchaser of the other part or in the case 3here the $urchaser
is not the first purchaser of the Said $arcel, the e6pression 0Sale and $urchase )!reement0
shall refer to the principal sale and purchase a!reement -et3een the 1endor of the one part
and the ori!inal purchaser of the other part4
0Serice )partments0 means collectiely the indiidual parcels of serice apartments, serice
suites, small office fle6i-le office suites and<or small office home office /0S&H&02 formin!
part of the Serice )partment Bloc74
0Serice )partment Bloc70 means the serice apartment -uildin! or -uildin!s proisionally
7no3n as S&,STI:E, comprisin! indiidual Serice )partments and the Serice )partment
Facilities, erected or to -e erected on the Serice )partment ,and4
0Serice )partment Facilities0 means the facilities to -e proided 3ithin the Serice
)partment ,and and the Serice )partment Bloc7 and all other facilities as may -e 4
proided and constructed -y the 1endor thereon as the same are set out in the Si6th
Schedule hereto and 3hich are proided for the e6clusie use and enAoyment -y the
purchasers of the parcels of Serice )partments or their ,essees, family and initees only4
0Serice )partment ,and0 means all that portion of the Said ,and measurin! in a!!re!ate
area of appro6imately .,D++ s>uare metres as the same is more particularly delineated in
BCEEN in the Site $lan anne6ed to the Second Schedule hereto, upon 3hich the Serice
)partment Bloc7 is or is to -e erected and deeloped -y the 1endor4
0Serice )partment Serices0 means the serices to -e proided -y the 1endor to the
$urchaser and all the purchasers of the Serice )partments or their ,essees, family and
initees, includin! 3ithout limitation such serices as stipulated in the Fifth Schedule hereto,
until the same or any part thereof are ta7en oer -y the (oint Mana!ement Body or
Mana!ement :orporation, as the case may -e4
0Serice )partment Serice :har!es0 means such char!es paya-le -y the purchasers of the
Serice )partments as may -e determined from time to time -y the 1endor or the (oint
Mana!ement Body or the Mana!ement :orporation as the case may -e , as representin! a
fair and Austifia-le proportion of and contri-ution to3ards the cost and e6penses to -e incurred
for the proision of the Serice )partment Serices -y the 1endor, the (oint Mana!ement
Body or the Mana!ement :orporation, as the case may -e, and for the control, mana!ement ,
administration, repair, up7eep and maintenance of the :ommon $roperty 3ithin the Serice
)partment ,and and the Serice )partment Bloc7 , includin! 3ithout limitation the cost of
electric po3er and 3ater supply and all e6penditure and e6penses incurred -y or incidental to
the employment of personnel4 en!a!ed in connection there3ith4 Such char!es shall -e
calculated in accordance 3ith the proisions of :lause D41/-2 hereof.
"Sin2ing ;und " means the special account to be maintained by the ,endor" the Joint
Management Body or the Management !orporation " as the case may be" pursuant to
E
Section "+ of the Buildin! )nd :ommon $roperty /Maintenance )nd Mana!ement2 )ct
and Section +E of the Strata Titles )ct respectiely4
0S&F& Bloc70 means collectiely all that t3o /"2 -loc7s of -uildin!s proisionally 7no3n
as To3er ) /,eel . to ,eel ""2 and To3er B /from ,eel * to ,eel 1E2, comprisin!
indiidual S&F& Suites and the S&F& Facilities, erected or to -e erected on the $odium
Bloc7.
0S&F& Facilities0 means the facilities to -e proided at the ,eel . of the :omple6 and
all other facilities as may -e proided and constructed -y the 1endor thereon as the same
are set out in the Fourth Schedule hereto and which are provided for the e/clusive use
and en+oyment by the purchasers of the parcels of S:;: Suites or their <essees" family
and invitees only.
0S&F& Suites0 means collectiely the indiidual parcels of small office fle6i-le office
suites proisionally 7no3n as "PARAGON SOFO SUITES" forming part of the S:;:
Bloc2.
0Strata Titles )ct0 means the Strata Titles )ct 1.D* and the statutory amendments and<or
re9enactments thereof4
0?tility )pparatus0 means all pipes, se3ers, drains, mains, ducts, conduits, !utters,
3atercourses, 3ires, ca-les, channels, flues and all other conductin! media and includes
any 3ater tan7s, su-9stations , se3ers, drains, !as plum-in! installations, ca-le teleision,
internet and other telecommunications installations , fi6in!s, louers, co3ls and any other
ancillary apparatus 3hich are in on or under the Said ,and, the :omple6 and<or the
Serice )partment Bloc7 3hich sere the parcels comprised in the $roAect and the
:ommon $roperty 4
01endor0 means WAWASAN RAAWALI S!N "#! $Co%&'n( No) *+,-.-/A0 and
includes its successors in title and assigns.
#.@ 7ords applicable to natural persons include any body of persons or corporation and vice
versa.
"4+ 7ords importing the singular number shall include the plural number and vice versa.
"4* 7ords importing the masculine gender shall include the feminine and neuter gender and
vice versa.
"4E 7here there are two or more persons included in the term "the Purchaser" their
covenants underta2ings and liabilities under this .eed shall be +oint and several.
"4@ ny covenant by the Purchaser not to do any act or thing shall include an obligation not
to permit or suffer such act or thing to be done by his family servants agents and invitees
and his <essee and his family servants agents and invitees and any other person.
"4D &he e/pression "the Purchaser" shall wherever the conte/t permits includes his <essee or
any person lawfully occupying the Said Parcel with or without the 2nowledge of the
Purchaser.
"4. &he e/pression "the ,endor" shall wherever the conte/t permits include its
representativeAs agents or employees and any person or person s authorised by the
,endor to manage the !omple/ and5or the Service partment Bloc2.
"41# 9eferences to any right of the ,endor to have access to the !omple/ or the Service
partment Bloc2 or the Said <and or any part or parts thereof shall be construed as
e/tending to any chargee thereof and to all persons authorised by the ,endor or the
7
char!ee as the case may -e /includin! a!ents professional adisers contractors 3or7men
and others24
"4" )ll references to proisions of statutes include such proisions thereto as may -e amended
or re9enacted from time to time and any re!ulations or orders made pursuant to such statutes4
"4= The headin!s to the )rticles of this Deed are inserted for conenience only and shall not -e ta7en
into account in the construction or interpretation thereof 4
)CTI:,E Ill
AGREEMENT & COVENANTS
=41 In consideration of the premises and the due o-serance -y the parties hereto of the terms and
conditions hereinafter contained, the $urchaser HECEBF )BCEES, :&1EN)NTS,
?NDECT)'ES )ND DE:,)CES that the $urchaser, his heirs, successors9in9title and permitted
assi!ns, shall o-sere perform comply 3ith and -e -ound a-solutely and shall cause his or their
,essee, their families serants a!ents and initees, to o-sere perform comply 3ith and -e -ound
-y all and eery mutual coenants and proisions contained herein and the House Cules and
Ce!ulations Aointly and seerally to!ether 3ith other purchasers of the parcels comprised in the
$roAect , their heirs, successors9in9title and permitted assi!ns, for the purposes of re!ulatin! the day
to day use and enAoyment of the Said $arcel and the :ommon $roperty as 3ell as the mana!ement
and administration of the :omple6 and the Serice )partment Bloc74
=4" The relationship -et3een the $urchaser and the 1endor and that -et3een the $urchaser and the
purchasers of the other parcels comprised in the $roAect inter se shall -e !oerned -y the
proisions of this Deed and all anne6ures anne6ed hereto and the House Cules and Ce!ulations4
=4= Not3ithstandin! anythin! contained in the Buildin! )nd :ommon $roperty
/Maintenance )nd Mana!ement2 )ct and<or the Strata Titles )ct and the proisions herein ,
it is here-y e6pressly a!reed that the 1endor shall -e entitled to89
/a2 impose t3o /"2 separate House Cules and Ce!ulations to !oern the :omple6 and the
Serice )partment Bloc7 respectiely; and
/-2 amend or incorporate any or any additional proisions to the House Cules and Ce!ulations
at any time and from time to time -y !iin! 3ritten notice thereof to the $urchaser in the
manner proided herein 4
=4+ Not3ithstandin! anythin! contained in the Buildin! )nd :ommon $roperty
/Maintenance )nd Mana!ement2 )ct and<or the Strata Titles )ct and the proisions herein ,
the $urchaser here-y a!rees Aointly and seerally 3ith the other purchasers of the parcels
comprised in the $roAect, their heirs, successors9in 9title and permitted assi!ns, that all matters
relatin! to the control, mana!ement , administration , repair, up7eep and maintenance of the
:omple6 and the Serice )partment Bloc7 as 3ell as the use and enAoyment of the :ommon
$roperty shall continue to -e re!ulated -y the proisions contained herein after the formation
of the (oint Mana!ement Body or the Mana!ement :orporation as the case may -e and for the
purposes herein, coenants and underta7es to e6ercise his otin! ri!hts as the o3ner of the Said
$arcel to ensure that the proisions of this Deed and the House Cules and Ce!ulations continue to
-e in force and -indin! on all
8
the o3ners of the parcels comprised in the $roAect after the formation of the (oint
Mana!ement Body or the Mana!ement :orporation as the case may -e4
=4* )ccordin!ly all the duties and o-li!ations of the 1endor contained herein shall -e deemed to -e
transferred and assi!ned a-solutely to the (oint Mana!ement Body or the Mana!ement :orporation
as the case may -e upon their respectie esta-lishment , in addition to that imposed -y the Buildin!
)nd :ommon $roperty /Maintenance )nd Mana!ement2 )ct and<or the Strata Titles )ct4
ARTICLE IV PURCHASER'S
COVENANTS
+41 The $urchaser here-y coenants 3ith the 1endor and Aointly and seerally 3ith all the purchasers
of the other parcels comprised in the $roAect that he shall in respect of the use of the Said $arcel
and the :ommon $roperty perform, o-sere and comply 3ith all the -y9la3s contained in the
Buildin! )nd :ommon $roperty /Maintenance )nd Mana!ement2 )ct and the Third Schedule of
the Strata Titles )ct and to o-sere perform and comply 3ith and to cause all its and the ,essee5s
family serants a!ents !uests contractors and initees to o-sere perform and comply 3ith the
House Cules and Ce!ulations as the same may -e amended added su-stituted and<or aried -y the
1endor at its sole and a-solute discretion from time to time4
/)2 THE S)ID $)C:E,
1. $ermitted ?ser
The $urchaser shall use the Said $arcel only for the follo3in! purposes89
/i2
/ii2
/iii2
Cetail &ffices
S&F& Suites
Serice
)partments
permitted commercial trade or -usiness purposes ;
office purposes;
residential<office purposes only;
and<or such other purposes as may -e approed -y the 1endor and the )ppropriate )uthority 4
Without affectin! the !enerality of the fore!oin! proisions, the $urchaser or the successors9in9
title of the Said $arcel shall ensure that the Said $arcel or any part thereof shall not -e used or
cause or permit to -e used for the purposes of carryin! out the follo3in! trade or -usiness 89
/a2 funeral parlour or any related actiities -usiness or trades in connection 3ith the supply of
items or serices for funerals includin! 3ithout limitation the mar7etin! of plots of land
for -urial of the dead;
/-2 any -usiness or trade dealin! in the ma7in! of Aoss9stic7s, incense candles and
paraphernalia/s2 in relation to the -usiness of an underta7er or funeral parlour or reli!ious
3orship of any 7ind;
/c2 any -usinesses or trades in connection 3ith or related to the supernatural and<or the occult ;
/d2 any -usinesses or trades 3hich emit accumulate or disseminate or may emit
accumulate or disseminate any unpleasant odour or 3hich accumulate dirt or
cause nuisances to the !eneral pu-lic and<or o3ners of the other parcels comprised in the
$roAect or their ,essee, families serants a!ents !uests or initees ;
/e2 any -usinesses or trades dealin! 3ith su-stances and chemicals of an e6plosie
and dan!erous character and their -y9products;
/t2 any -usinesses or trades 3hich inole !amin! in any form /includin! those intended for pu-lic
entertainment and<or amusement2 e6cept for !amin! permitted and licensed under the
Malaysian la3 and further permitted -y the 1endor;
/!2 a place for pu-lic or priate auction;
/h2 any forms of social escort a!ency or related actiities e6cept those 3hich are permitted
under the Malaysian la3 and further permitted -y the 1endor;
/i2 any immoral improper offensie or unla3ful actiities includin! 3ithout limitation
the operation of -rothels;
B2 any -usiness or trade in the repairs and maintenance of motor ehicles of any
7ind;
/72 any -usiness or trade 3hose !eneral description and 3or7s su-scri-e to the use of
industrial premises; or
(I) any other actiities, -usinesses or trades 3hich in the opinion of the 1endor are
inAurious to the reputation of the :omple6 and<or the $roAect;
e6cept and unless prior 3ritten consent is o-tained from the 1endor and the )ppropriate )uthority
and su-Aect to such terms and conditions as shall -e prescri-ed -y the 1endor at its a-solute
discretion4
Not3ithstandin! the fore!oin! proisions, the $urchaser shall apply to the )ppropriate )uthority
and o-tain ;all necessary licences permits and approals for actiities -usiness or trade to -e
carried out on the Said $arcel and to comply 3ith the rules re!ulations !uidelines directie terms
and conditions /if any2 imposed -y the )ppropriate )uthority in the use of the Said $arcel
!enerally or in !rantin! such licences permits and approals4
2. &ccupation -y ,essee
/a2 $rior to the e6ecution of any a!reement 3ith the ,essee, the $urchaser shall procure that
the proisions of this Deed and the House Cules and Ce!ulations are incorporated in the
proposed a!reement to -e e6ecuted -y the ,essee and<or the ,essee enters into direct
coenants 3ith the 1endor to perform and o-sere all the $urchaser5s coenants contained
herein and the House Cules and Ce!ulations 4
/-2 If the $urchaser shall let or lease the Said $arcel to any ,essee, the $urchaser shall -e
deemed to hae 3aied his ri!ht to use and enAoy the S&F& Facilities, the Serice
)partment Facilities and the :ommon $roperty for the duration of the tenancy or lease as
the case may -e4
10
=4 Cestrictions
/a2 The $urchaser shall not use or permit the Said $arcel to -e used in such a manner or for
such a purpose 3hich may -e or -ecome or cause a nuisance annoyance distur-ance
inconenience inAury dama!e or dan!er to the purchasers and<or o3ners of the other parcels
comprised in the $roAect or their ,essee, their families or initees 4
/-2 The $urchaser shall not allo3 any nuisance in the Said $arcel or commit any nuisance
3ithin the :ommon $roperty nor shall he en!a!e in any actiity 3hich may -e or -ecome a
source of annoyance to other residents or occupants or 3hich interferes 3ith the
peaceful enAoyment of the other parcels comprised in the $roAect and the :ommon
$roperty -y the purchasers and<or o3ners thereof or their ,essee or their families serants
a!ents !uests or initees4 Without preAudice to the !enerality of the fore!oin! proisions,
the $urchaser shall not, and shall cause and procure that his or his ,essee, families
serants a!ents !uests or initees, shall not89
/i2 conduct any immoral improper offensie or unla3ful actiities 3ithin the Said
$arcel and the :ommon $roperty or any part thereof; G4,
/ii2 carry out unruly or offensie -ehaiour or conduct any political reli!ious immoral
improper offensie or unla3ful actiities 3ithin the Said $arcel and the :ommon
$roperty or any part thereof;
/iii2 permit the teleision radio or any other musical instruments or audio<ideo
e>uipment to -e operated at hi!h olume or any other e6cessie noise;
/i2 do or allo3 anythin! to -e done 3hich mi!ht result in the clo!!in! of the se3era!e
and draina!e pipes serin! the $roAect;
/2 use as fuel any su-stance or material 3hich may !ie rise to smo7e, fumes or
o-no6ious smells and 3hich are inAurious to health, e6plosies of any nature
/includin! -ut not limited to fire3or7s24
/c2 Where the Said $arcel is a S&F& Suite or a Serice )partment, the $urchaser shall not rear
or 7eep any pets liestoc7 or animal 3ithin the Said $arcel and<or on the :ommon $roperty
other than fish in tan7s or small -irds in ca!es 3ithin the Said $arcel only4
/d2 The $urchaser shall not han! from poles protrudin! throu!h any 3indo3s to han! or place
in any areas 3ithin the Said $arcel so as to -e in ie3 from the outside of the Said $arcel
any clothes to3els linens and<or any other such te6tile items4
/e2 The $urchaser shall not cause any adertisements si!n-oards si!na!es /includin! 3ithout
limitation sho39-oards, placards, name9plates, si!ns, notices or other indication of -usiness,
3hether temporary or permanent2 to -e affi6ed or attached to, hun! from, displayed or
placed on the e6terior 3alls, doors or 3indo3s of the Said $arcel and the :ommon $roperty
or any part thereof 3ithout the prior 3ritten consent of the 1endor and the )ppropriate
)uthority4 Without affectin! the !enerality of the fore!oin! proisions, 3here the Said
$arcel is a Cetail &ffice, the $urchaser shall -e entitled to place one /I2 si!n-oard or
si!na!e of its trade or -usiness in desi!nated areas to -e determined -y the 1endor4
11
/f2 Where the Said $arcel is a S&F& Suite or a Serice )partment, the $urchaser shall dispose of
all refuse or 3aste material /other than that specified hereunder2 in the trash containers located
at the area 3ithin the floor of the S&F& Bloc7 or the Serice )partment Bloc7, as the case
may -e, to -e desi!nated -y the 1endor4 The $urchaser may dispose of all refuse or 3aste
material /other than that specified hereunder2 at the desi!nated ru--ish disposal -ins, thrash
containers or other facilities to -e proided -y the 1endor and shall not transport such refuse
ru--ish and<or 3aste material e6cept in properly secured non9porous polytene -a!s or
concealed and pac7ed -o6es or -a!s and throu!h the :omple65s or the Serice )partment
Bloc75s desi!nated serice lifts only4 )ll 3et refuse shall -e thorou!hly drained of any li>uid4
The $urchaser shall ta7e all reasona-le steps not to litter any part of lifts and the :ommon
$roperty 3ith any -o6es, !oods, items, ru--ish or other3ise encum-er or o-struct the same
and shall 7eep the Said $arcel and the :ommon $roperty in a clean and sanitary condition4 The
$urchaser shall at its o3n cost and e6pense carry and dispose of all heay or -ul7y o-Aects and
!lass o-Aects or any com-usti-le su-stances, such as paint or petroleum products, at a proper
site or location outside the Said ,and4
/!2 The $urchaser shall not hold any funeral and -ereaement arran!ements 3hatsoeer in the Said
$arcel or any part or parts of the :ommon $roperty4
/h2 The $urchaser shall not use the Said $arcel or any part or parts of the :ommon $roperty for a
sale -y auction or any purposes /ille!al or other3ise2 3hich may -e inAurious to the reputation
of the $roAect4
/i2 The $urchaser shall not 7eep or store or permit to -e 7ept or stored highly combustible
substance or e/plosives of any nature in the Said Parcel or any part or parts of the !ommon
Property or do anything that may cause an increase in insurance premium rates or in the
cancellation" invalidation or non renewal of any insurance policies in respect of the
!omple/" the Service partment Bloc2 and5or the !ommon Property or any part thereof.
A2 The $urchaser shall not 7eep any and all electronic e>uipment, deice and<or machinery that
ho3soeer interferes 3ith, de!rades the performance and<or reception of electrical e>uipment
and machinery, includin! audio, isual, computer, communication and<or 3ireless e>uipment
of purchasers and<or o3ners of the other parcels comprised in the $roAect4
/72 The $urchaser shall not place or permit to -e placed or affi6ed upon any floor 3alls or ceilin!
of the Said $arcel or any part of the :omple6 and the Serice )partment Bloc7 a load per
s>uare foot in e6cess of the limit allo3ed -y the 1endor or its architect and shall ensure that the
load on any floor of any part of the :omple6 and the Serice )partment Bloc7 is distri-uted in
accordance 3ith the directions and re>uirements of the 1endor4 In the interpretation and
application of this clause, the decision of the 1endor 5s architect shall -e final and -indin! upon
the $urchaser 4
(I) The $urchaser shall not cause any act, deed or omission that ho3soeer adersely affects,
diminishes, detracts from and<or is other3ise detrimental to the commercial alue of the parcels
comprised in the $roAect or the >uiet enAoyment of the purchasers and<or o3ners of the other
parcels comprised in the $roAect or their ,essee, families serants a!ents !uests or initees 4
1"
+4 Buildin! By9 ,a3s
/a2 The $urchaser shall not use the Said $arcel in contraention to the cate!ory and conditions
of use affectin! the same, 3hether e6press or implied4
/-2 The $urchaser shall o-sere and comply 3ith all plannin! control and -uildin! -y9la3s
affectin! the Said $arcel and the :omple6 and<or the Serice )partment Bloc7 and other
(a3s -y9la3s re!ulations orders and directies as may -e imposed -y the 1endor and the
)ppropriate )uthority and other !oernmental departments or -odies hain! Aurisdiction
oer the Said ,and, the :omple6 and<or the Serice )partment Bloc7 from time to time4
/c2 The $urchaser shall at his o3n cost and e6pense e6ecute all 3or7s and proide and
maintain all arran!ement upon or in respect of the Said $arcel or the use to 3hich the Said
$arcel is -ein! put 3hich are re>uired in order to comply 3ith the re>uirements of any
statutes or la3s affectin! the Said $arcel or any )ppropriate )uthority or other pu-lic or
competent authority or court of competent Aurisdiction, re!ardless of 3hether such
re>uirements are imposed on the o3ner the lessee or the occupier thereof4
/d2 The $urchaser shall not do in or near the Said $arcel and<or the :ommon $roperty any act
or thin! -y reason of 3hich the 1endor may under any statutes or la3s incur or -ecome
lia-le to pay any penalty dama!es compensation costs char!es or e6penses4
*4 :leanin!, Maintenance, Cepair, Ceplace Etc
/a2 The $urchaser shall at his o3n cost and e6pense clean, maintain, repair and up7eep the Said
$arcel and 7eep the same in a state of !ood repair, reasona-le 3ear and tear and dama!e -y
fire storm tempest or )ct of Bod e6cepted4 )ll cleanin!, maintenance, repairs and
replacements in or to the Said $arcel , 3hether structural or non 9structural, ordinary or
e6traordinary, includin! 3ithout limitation cleanin!, maintenance, repairs or replacements
of screens, 3indo3s, the e6terior side of the entrance door and air9conditionin! fi6tures and
e>uipment, if any, 3ithin the Said $arcel or -elon!in! to the $urchaser and serin! only the
Said $arcel, shall -e performed -y the $urchaser at his o3n cost and e6pense, e6cept as
other3ise e6pressly proided to the contrary herein4
/-2 The $urchaser shall permit the 1endor and its serants or a!ents at all reasona-le times on
reasona-le notice -ein! !ien /e6cept in the case of emer!ency 3hen no notice is re>uired2
to enter the Said $arcel for the purposes of89
/i2 inspectin! the Said $arcel to determine its state and condition;
/ii2 repairin! or replacin! the ?tility )pparatus 3hich are in on or under the
Said $arcel;
/iii2 carryin! out structural or e6ternal repairs to the e6terior of the Said $arcel or to the
other portions of the :omple6 or the Serice )partment Bloc7 or the :ommon
$roperty 3hich are not coneniently accessi-le other3ise than from or throu!h the
Said $arcel ; or
/i2 carryin! out and e6ecutin! any 3or7 or doin! any act reasona-ly necessary for or
in connection 3ith the performance of its duties or the
1=
enforcement of the -y9la3s affectin! the :omple6 and<or the Serice )partment
Bloc74
/c2 The $urchaser shall at his o3n cost and e6pense forth3ith carry out and e6ecute any 3or7s
ordered -y any )ppropriate )uthority or other competent pu-lic or statutory authority or
the 1endor in respect of the Said $arcel, other than such 3or7s for the -enefit of the
:omple6 and<or the Serice )partment Bloc7 !enerally4 In the eent that the $urchaser
shall fail to carry out and e6ecute such 3or7s 3ithin fourteen /1+2 days from the date of
receipt of notice from such )ppropriate )uthority or competent pu-lic or statutory
authority or the 1endor, the 1endor or its serants or a!ents shall -e entitled to enter the
Said $arcel and carry out and e6ecute such 3or7s and char!e to the $urchaser all cost and
e6pense incurred and sustained -y the 1endor in connection and incidental thereto4
/d2 Where the $urchaser shall intend to carry out repair or replacement 3or7s to the floor 3all
or ceilin! of the Said $arcel or the Aoints sla-s or -eams on 3hich the floors of the Said
$arcel are laid, the $urchaser shall !ie at least fourteen /1+2
Hdays prior 3ritten notice to the 1endor and the occupiers of the parcels adAoinin! the Said
$arcel /3hether adAacent -elo3 or a-oe the Said $arcel2 of the $urchaser5s intention to
carry out the said repair or replacement 3or7s, and shall ma7e !ood any dama!e caused to
the ceilin!s 3alls and floors of the adAoinin! parcels occasioned there-y 4
E4 )dditions Cenoations I )lterations
/a2 The $urchaser shall not at any time -efore the issue of the :ertificate of :ompletion and
:ompliance -y the professional architect<en!ineer<)ppropriate )uthority carry out or
cause to -e carried out any additions renoations and<or alterations 3hatsoeer to the Said
$arcel4
/-2 Not3ithstandin! the fact that the $urchaser is the a-solute o3ner of the Said $arcel
and anythin! contained in this Deed, for the purpose of maintainin! the ima!e architecture
and<or aesthetic inte!rity of the $roAect, unless the prior 3ritten consent of the
1endor and the )ppropriate )uthority 3here applica-le had -een o-tained /3hich
consent may -e !ranted or refused -y the 1endor in its a-solute discretion 3ithout
assi!nin! any reason therefore2 , the $urchaser here-y irreoca-ly coenants and
underta7es not to89
/i2 dama!e, deface and<or chan!e the e6terior 3alls, doors, 3indo3s and roof of
the Said $arcel and any e6terior part of the :omple6 or the Serice )partment
Bloc7 or effect any chan!e 3hatsoeer to the facade of the :omple6 or the
Serice )partment Bloc7 or any part thereof;
/ii2 erect any !ates fences or -arricades 3hatsoeer at the entrance of the
Said $arcel or any part thereof;
/iii2 permit any -alcony or roof dec7 appurtenant to the Said $arcel and<or the
:omple6 or the Serice )partment Bloc7 to -e enclosed , coered -y an a3nin!,
screen or other3ise, increased in si%e or altered in confi!uration;
/i2 carry out any additions renoations or alterations to the :omple6 or the Serice
)partment Bloc7 or any part thereof 3hich forms a part of the Said $arcel,
includin! 3ithout limitation the paintin! or other decoration
1+
of any nature of the e6terior 3indo3s roof 3alls and floors thereof, nor chan!e the
appearance of any part of the :omple6 or the Serice )partment Bloc7 4 For the
purposes herein and to proide uniformity and to maintain the aesthetic inte!rity of the
$roAect, the $urchaser here-y coenants and underta7es to89
/aa2 ensure that the !ates fences and -arricades of the Said $arcel shall adhere
and comply 3ith the desi!n and colour scheme as that prescri-ed -y the
1endor for the :omple6 or the Serice )partment Bloc7, as the case may -e;
/--2 ensure that all 3indo3 treatments shall hae a standard -ac7in! facin! the
e6terior 3indo3;
/2 cause anythin! to -e affi6ed or attached to, hun! from, displayed or placed on the
e6terior 3alls, doors or 3indo3s of the :omple6 or the Serice )partment Bloc7
/includin! 3ithout limitation the installation of electrical 3irin!, radio or teleision
antennae, air9conditionin! units or any other fi6tures and fittin!s 3hich may protrude
throu!h the 3alls or the roof of the :omple6 or the Serice )partment Bloc724
/c2 The $urchaser shall prior to the commencement of any additions renoations and<or alteration
3or7s /hereinafter called 0the Wor7s02 su-mit the dra3in!s and plans /hereinafter called 0the
$lans02 for such Wor7s to the 1endor for its approal, 3hich $lans shall include full
particulars of the nature and e6tent of the Wor7s to -e carried out and true copies of >uotations
for the cost of such Wor7s from the contractors carryin! out the same4
/d2 Where applica-le, the $urchaser shall o-tain at its o3n cost and e6pense all the necessary and
re>uisite approals, permission and<or consents from the )ppropriate )uthority prior to the
commencement of the Wor7s or any other 3or7s to -e carried out on the Said $arcel, and
here-y coenants and underta7es to comply and adhere strictly 3ith the House Cules and
Ce!ulations and any and all -y9(a3s notices directions re!ulations and<or re>uirements
imposed -y the )ppropriate )uthority in the carryin! out of the Wor7s or other related 3or7s4
/e2 Where the Wor7s proposed to -e carried out has -een approed in 3ritin! -y the 1endor and
the )ppropriate )uthority 3here applica-le, the $urchaser shall prior to the commencement of
the approed Wor7s su-mit and pay to the 1endor a 3or7 schedule and a deposit in such sum
as may -e stipulated -y the 1endor at its a-solute discretion as security for the strict
compliance and performance of the proisions of the House Cules and Ce!ulations as may -e
stipulated -y the 1endor at its a-solute discretion from time to time and any loss, dama!e,
inAury or e6pense caused -y the Wor7s 4 The 1endor shall -e entitled to apply and utilise such
deposit sum to3ards the payment of any such loss, dama!e, inAury or e6pense, if any, and to
refund the -alance thereof, if any, to the $urchaser 3ithout interest upon completion of the
Wor7s4 The $urchaser here-y underta7es and coenants not to commence any Wor7s until the
re>uisite 3or7 schedule and deposit if re>uired -y the 1endor shall hae -een su-mitted and
paid to the 1endor4
/f2 The $urchaser shall cause the approed Wor7s to -e carried out -y >ualified contractors duly
certified to carry out the same in accordance 3ith the approed dra3in!s and plans and the
proisions of the House Cules and Ce!ulations4
1*
-reach of any one or more of the proisions of the House Cules and Ce!ulations
shall constitute a -reach of this Deed 4
/!2 The $urchaser here-y a!rees and coenants to indemnify and 7eep the 1endor
fully and absolutely indemnified against any demand " claim" proceeding" action"
fine" penalty " cost" loss" damage" liability and5or e/pense howsoever and
wheresoever incurred " suffered and sustained by the ,endor arising directly or
indirectly from the 7or2s" whether or not caused by the negligence of the
Purchaser or his contractors or sub1contractors " servants or agents" including
without limitation the ,endorBs solicitors fees on a solicitor and client basis.
7ithout affecting the foregoing provision" the Purchaser hereby agrees that he
shall be responsible for the conduct of his contractors" their servants or agents.
/h2 Where the Wor7s to -e carried out are in 3hole or in part electrical in nature, the
$urchaser shall at his o3n cost and e6pense o-tain a certificate from a >ualified
electrical en!ineer accepta-le to the 1endor that any e6tra electrical soc7et plu!s
electricity po3er points electrical motors or en!ine appliances or air9conditionin!
units installation 3ill not oerload depreciate or cause damage to the power
supply or to any of the e/isting electrical installation in any part of the !omple/
or the Service partment Bloc2" as the case may be.
/i2 The $urchaser shall not install any air9conditionin! units e6cept at the places
desi!nated -y the 1endor4 H
@4 Moin! &f Heay Items
/a2 The $urchaser shall sere at least t3enty9four /"+2 hours notice on the 1endor
prior to the moin! of any heay or -ul7y items or furniture or any moving
involving professional movers.
/-2 The $urchaser here-y underta7es to ensure that the :ommon $roperty is not
dama!ed in the course of such moin! and shall at his o3n cost and e6pense repair
and ma7e !ood any dama!e 3hich may -e caused in the process of such moving.
D4 Not To Fi6 Machinery Without :onsent
The $urchaser shall not /e6cept 3ith the 3ritten consent of the 1endor2 erect upon or
affi6 to the Said $arcel or any part thereof any machinery or mechanical or scientific or
electrical apparatus.
.4 ,oadin! and ?nloadin!
/a2 The $urchaser shall not load or unload any !oods or material s from any ehicles
e6cept 3here such ehicles are par7ed in the loadin! areas or the loadin! -ays
desi!nated -y the 1endor and in the process of loading or unloading not to
obstruct the free flow of the traffic within the !omple/ nor to cause congestion of
those or any ad+oining loading areas or loading bays nor inconvenience to any
other user thereof.
/-2 The $urchaser shall not permit any ehicles -elon!in! to him or any person/ s2
callin! on the Said Parcel e/pressly or by implication with the authority of the
1E
$urchaser to stand on the loadin! area loadin! -ay or road road3ay or paement
/e6cept 3hen and for so lon! as the same are actually loadin! or unloadin! !oods and
materials2 and to ensure that such persons callin! on the Said $arcel do not permit any
ehicle to stand on any such loadin! area loadin! -ay or road road3ay or paement4
/c2 T,& $0-',a.&- .,a11 no( 'on3&y any 4oo/. o- ma(&-)a1. (o o- +-om (,& Sa)/
$a-'&1 &5'&p( (,-o04, (,& &n(-an'&. o+ (,& Sa)/ $a-'&1 an/ (,& .&-3)'& 1)+(.
/&.)4na(&/ 6y (,& V&n/o- an/ no( (,-o04, any o(,&- &.'a1a(o-. o- 1)+(. )n (,&
Comp1&5 o- (,& S&-3)'& Apa-(m&n( B1o'7 an/ no( (o o6.(-0'( o- a11o8 (o 6&
o6.(-0'(&/ (,& 8a178ay. 'o--)/o-. pa..a4&. 1)+(. .(a)-'a.&. an/ o(,&- pa-(. o+ (,&
Comp1&5 o- (,& S&-3)'& Apa-(m&n( B1o'7 0.&/ )n 'ommon 6y (,& o(,&- (&nan(.
(,&-&o+.
1#4 Security and Fire )larms
/a2 The $urchaser here-y ac7no3led!es and a!rees that any security serices as may -e
proided for the $roAect are for the purpose of proidin! a !eneral security serices
for the $roAect 3ith the intention to merely sere as a deterrent a!ainst any theft
-ur!lary ro--ery or other mishaps and that the 1endor shall not -e lia-le in any
manner 3hatsoeer for any deaths personal inAuries losses or dama!es 3hatsoeer due
to any act omission or ne!li!ence of the security personnel employed or appointed -y
the 1endor4
/-2 The $urchaser shall -e solely responsi-le for the security of the Said $arcel and the
safe97eepin! of all his !oods and properties and for the proper loc7in! and securin!
of the doors and 3indo3s of the Said $arcel $C&1IDED ),W)FS that all
emer!ency e6its and doors leadin! to such e6its shall not -e loc7ed or -loc7ed in any
manner 3hatsoeer 4
/c2 The $urchaser shall permit the 1endor, its serants a!ents and<or contractors, to
enter into the Said $arcel in the eent of any emer!encies4
114 No Tamperin! of Fire Fi!htin! E>uipment
The $urchaser shall not tamper 3ith any fire fi!htin! e>uipment and facilities installed 3ithin
the $roAect4
1"4 $urchaser5s lndemnit
The $urchaser shall -e responsi-le for and shall indemnify and 7eep fully indemnified a!ainst
demand , claim, proceedin!, action, fine, penalty , cost, loss, dama!e, lia-ility and<or e6pense
made a!ainst or suffered or incurred -y the 1endor arisin! directly or indirectly from 89
/i2 any act omission or ne!li!ence of the $urchaser or his ,essee or their family serants
a!ents !uests or initees or any persons at the Said $arcel and<or 3ithin the :ommon
$roperty e6pressly or impliedly 3ith the $urchaser 5s authority ; and<or
/ii2 any -reach or non9o-serance -y the $urchaser or his ,essee or their family serants
a!ents !uests or initees of the coenants conditions or other proisions of this Deed 4
1@
(B# :&MM&N$C&$ECTF
/a2 The $urchaser shall use the :ommon $roperty only for the purposes for 3hich it is intended
or desi!nated and for such purposes, shall o-sere and comply 3ith the House Cules and
Ce!ulations !oernin! its use as may -e imposed -y the 1endor, and<or the (oint
Mana!ement Body and<or the Mana!ement :orporation , as the case may -e, from time to
time4
/-2 The $urchaser shall use and enAoy the :ommon $roperty in such a manner as not to
interfere unreasona-ly 3ith the use and enAoyment thereof -y the purchasers and<or o3ners
of the other parcels comprised in the $roAect or their ,essee, families serants a!ents !uests
or initees 4
/c2 The $urchaser shall not allo3 any nuisance in the Said $arcel or commit any nuisance
3ithin the :ommon $roperty nor shall he en!a!e in any actiity 3hich may -e or -ecome a
source of annoyance to other residents or occupants or 3hich interferes 3ith the peaceful
enAoyment of the other parcels comprised in the $roAect and the :ommon $roperty -y the
purchasers and<or o3ners thereof or their ,essee or their families or initees4 Without
preAudice to the !enerality of the fore!oin! proisions, the $urchaser shall not, and shall
cause and procure that his ,essee, or their families serants a!ents !uests or initees, shall
not 89
/i2 disfi!ure tamper deface or other3ise dama!e any of the S&F& Facilities,
the Serice )partment Facilities and the :ommon $roperty ;
/ii2 place any furniture fi6tures fittin!s or o-Aects 3hatsoeer on any part of
the :ommon $roperty; or
/iii2 place shrines and idols of 3orship on any part of the :ommon $roperty so as not to
o-struct or interfere 3ith the use and enAoyment of the adAoinin! parcels comprised
in th $roAect -y the purchasers and<or o3ners or ,essee thereof, their families
serants a!ents !uests and<or initees4
/d2 The $urchaser shall not deposit or thro3 on the :ommon $roperty or any part thereof any
ru--ish refuse 3aste or any articles and shall presere the cleanliness of the :ommon
$roperty 4
/e2 The $urchaser shall not cause any roads road3ays 3al73ays paements passa!es stair3ays
lo--ies and common corridors and areas to -e untidy dirty and shall not cause any
o-struction in any manner 3hatsoeer4 7ithout affecting the generality of the foregoing
provisions" the Purchaser shall not01
/i2 bring 2eep store stac2 or lay out upon the !ommon Property or any part thereof
any materials e4uipments plants bins crates cartons bo/es or any receptacles for
waste or any other items which may cause the !ommon Property or any part
thereof to become untidy unclean unsightly or in any way detrimental to the Pro+ect
>
/ii2 deposit or permit to be deposited any waste rubbish or refuse on the !ommon
Property or any part thereof save and e/cept at such areas as shall be designated
and determined by the ,endor in its absolute discretion at any time and from time
to time> or
1D
/iii2 7eep or store any ehicle caraan or moa-le d3ellin! on the :ommon
$roperty;
failin! 3hich the 1endor and<or the (oint Mana!ement Body and<or the Mana!ement
:orporation, as the case may -e, shall hae the a-solute ri!ht to remoe and<or to
dispose such o-Aects or items 3ithout further notice and reference to the $urchaser and
the $urchaser shall solely -e lia-le for all costs and e6penses incurred -y the 1endor
and<or the (oint Mana!ement Body and<or the Mana!ement :orporation, as the case
may -e, for such remoal or disposal4
/f2 The $urchaser shall -e responsi-le for any dama!e caused to the :ommon $roperty
/includin! 3ithout limitation the fire fi!htin! e>uipment, fi6tures, fittin!s, furniture,
flo3ers, plants, trees, pots, landscaped features and other properties located 3ithin the
:ommon $roperty2 -y the $urchaser, his family or initees or ,essee, families or
initees and shall pay all cost and e6penses of the repair or replacement of such
dama!e 4
/:2 :)C$)C'INBB)FS
14 Independent :ar $ar7s
/a2 Where the Said $arcel is a Cetail &ffice or S&F& Suite, the $urchaser and his
successors9in9title and respectie ,essee, serants, a!ents, families and initees, shall
not -e entitled to enter the Serice )partment ,and and the Serice )partment Bloc7
and to use and enAoy any of the car par7in! -ays comprised in the Serice )partment
Bloc7, 3hich are resered for the e6clusie use and enAoyment of the o3ners of the
parcels of the Serice )partments only4
/-2 Where the Said $arcel is a Serice )partment, the $urchaser and his successors in9title
and respectie ,essee, serants, a!ents, families and in initees, shall not -e entitled to
enter the ,o3er Bround :ar $ar7 ,eel and the $odium :ar $ar7 ,eel and to use and
enAoy any of the car par7in! -ays comprised in the ,o3er Bround :ar $ar7 ,eel and
the $odium :ar $ar7 ,eel4
"4 $odium :ar $ar7 ,eel I Serice )partment Bloc7
/a2 Where one or more car par7in! -ay/s2 are desi!nated as accessory parcel/s2 to the Said
$arcel, the $urchaser shall par7 his ehicle/s2 at such car par7in! -ay/s2 only4
/-2 The $urchaser shall use the car par7in! -ay/ s2 strictly for par7in! purposes 4
/c2 The $urchaser shall report the re!istration num-er of his ehicle/s2 to the 1endor 3ho
shall for a fee ma7e aaila-le to the $urchaser a car stic7er<access card4
/d2 &he Purchaser shall notify and immediately see2 the permission of the ,endor if he is
ma2ing use of his car par2ing bay for a vehicle not otherwise reported to and recorded
by the ,endor.
1.
=4 ,o3er Bround :ar $ar7 ,eel
/a2 The $urchaser shall not -e entitled to use any of the cars ans lorries and motorcycles
par7in! -ays comprised in the ,o3er Bround :ar $ar7 ,eel /includin! all surface or
any other car par7in! -ays demarcated or constructed in or a-out the :omple62, sae
and e6cept under a separate arran!ement 3ith and su-Aect to the car par7in! char!es,
terms and conditions as may -e determined -y the 1endor or the appointed operator
and mana!er thereof from time to time4
/-2 The $urchaser here-y a!rees to o-sere and comply 3ith all directions rules and
re!ulations from time to time to -e formulated or determined -y the 1endor or the
operator and mana!er of the :ar $ar7 ,eel pertainin! to the usa!e of the par7in! -ays
comprised therein 4
+4 Traffic Flo3 System
/a2 Where the Said $arcel is a Cetail &ffice or S&F& Suite, the $urchaser shall accept and
su-mit to t e decision and authority of the 1endor and<or the operator and mana!er of
the :ar $ar7 ,eel pertainin! to all matters concerning01
/i2 the flow of traffic within the common roads" roadways" par2ing areas and the
e/it and ingress points of the !ar Par2 <evel and the !omple/>
/ii2 the manner in which vehicles are to be par2ed within the !ar Par2 <evel>
/iii2 the car par2 operation of the !omple/.
/-2 7here the Said Parcel is a Service partment" the Purchaser shall accept and submit
to the decision and authority of the ,endor pertaining to all matters concernin!89
/i2 the flo3 of traffic of the common roads, road3ays, par7in! areas and the e6it
and in!ress points of and 3ithin the Serice )partment ,and and the Serice
)partment Bloc7;
/ii2 the manner in 3hich ehicles are to -e par7ed 3ithin the Serice )partment ,and
and the Serice )partment Bloc74
*4 1ehicle &-struction
The $urchaser shall not par7 any ehicle in any car par7in! -ay or any part of the :ar $ar7
,eel or the Serice )partment ,and and the Serice )partment Bloc7, as the case may -e, so
as to o-struct the free flo3 of traffic 3ithin the :ar $ar7 ,eel or the Serice )partment ,and
and the Serice )partment Bloc7, as the case may -e, and<or interfere 3ith the ri!ht of access
or e!ress to adAacent car par7in! -ays or the adAacent 3al73ays roads or road3ay 4
E4 To3in! of lmproperly Par2ed ,ehicles
&he Purchaser hereby agrees that the ,endor and5or the operator and manager of the !ar
Par2 <evel shall be entitled at its absolute discretion without notice to the owners of such
vehicles to clamp or remove and tow away at such owners B costs any vehicles par2ed in any
reserved car par2ing bays not designated to such owners or so improperly par2ed on any
common roads roadways and wal2ways or anywhere else within the !ar Par2 <evel
20
or the Serice )partment ,and and the Serice )partment Bloc7, as the case may -e, to
another suita-le area 3ithin or outside the :ar $ar7 ,eel or the Serice )partment ,and and
the Serice )partment Bloc7, as the case may -e, and<or impose a fine at a sum to -e
determined -y the 1endor or the operator and mana!er of the :ar $ar7 ,eel at its a-solute
discretion to unloc7 such clamp or return the ehicle to the $urchaser4
@4 Dama!e &r ,oss In ?sa!e &f $ar7in! Bay
The $urchaser here-y declares and a!rees that the 1endor and<or the operator and mana!er of
the :ar $ar7 ,eel shall not -e responsi-le or lia-le or deemed or held to -e responsi-le or
lia-le /and the 1endor here-y e6pressly e6cludes all such responsi-ilities and lia-ilities2 in any
3ay 3hatsoeer for any death inAury dama!e or loss suffered or sustained -y the $urchaser or
his ,essee, or their family serants a!ents !uests or initees, ho3eer arisin! as a result of or
in any 3ay relatin! to his use of a car par7in! -ay the common roads or road3ays or 3al73ays
3ithin the :ar $ar7 ,eel or the Serice )partment ,and and the Serice )partment Bloc7, as
the case may -e4
/D2 F&CE:&?CT
Where the Said $arcel shall include part of the Forecourt as accessory parcel , not3ithstandin!
that such part of the Forecourt shall -elon! to the $urchaser , the $urchaser here-y a!rees,
underta7es and coenants not to89
/a2 place locate and<or affi6 any furniture -arricades fi6tures ornaments or structures of
any 7ind 3hatsoeer to permanently -loc7 o-struct and<or other3ise affect the free
flo3 of the pedestrian traffic alon! the Forecourt formin! part of the Said $arcel ;
/-2 cause any part of the Forecourt to -e untidy and in a dirty condition and shall not
o-struct the same in any manner 3hatsoeer4 Without affectin! the !enerality of the
fore!oin! proisions, the $urchaser shall not89
/i2 -rin! 7eep store stac7 or lay out upon the Forecourt or any part thereof any
materials e>uipments plants -ins crates cartons -o6es or any receptacles for
3aste or any other items 3hich are or mi!ht -ecome untidy unclean unsi!htly
or in any 3ay detrimental to the $roAect; and
/ii2 deposit or permit to -e deposited any 3aste ru--ish or refuse on the Forecourt
and<or the :ommon $roperty or any part thereof4
/E2 F):I,ITIES
/a2 Where the Said $arcel is a Cetail &ffice or Serice )partment or the ,o3er Bround
:ar $ar7 ,eel, the $urchaser here-y ac7no3led!es and a!rees that the $urchaser and
its successors9in 9title and their respectie ,essee, serants, a!ents, families and
initees, shall not -e entitled to enter the S&F& Bloc7 and to use and enAoy any of the
S&F& Facilities , 3hich are reserved for the e/clusive use and en+oyment of the
owners of the parcels of S:;: Suites.
/-2 7here the Said Parcel is a 9etail :ffice or S:;: Suite or the <ower =round !ar
Par2 <evel" the Purchaser hereby ac2nowledges and agrees that the Purchaser and its
successors1in1title and their respective <essee" servants" agents" families
21
and initees, shall not -e entitled to enter the Serice )partment Bloc7 and to use and
enAoy any of the Serice )partment Facilities, 3hich are resered for the e6clusie use
and enAoyment of the o3ners of the parcels of Serice )partments4
/F2 1ISIT&CS<B?ESTS
1. Entry &f 1isitors<Buests
/a2 Where the Said $arcel is a Cetail &ffice, the $urchaser and<or ,essee, serants, a!ents,
families and initees, shall not -e entitled to enter the S&F& Bloc7, the Serice
)partment ,and and the Serice )partment Bloc7 and to use and enAoy any of the
S&F& Facilities and the Serice )partment Facilities4 )ccordin!ly the proisions
under this $art /F2 hereunder are not applica-le to such $urchaser4
/-2 Where the Said $arcel is a S&F& Suite, the $urchaser shall -e entitled to allo3 his or
his ,essee5s isitor/s2 and !uest/s2 to enter the S&F& Bloc7 and use and enAoy the
S&F& Facilities and shall inform the security !uards on duty eery time any of his
isitor/s2 and<or !uest/s2 is/are2 e6pected to allo3 the named isitor/s2 and<or !uest/s2
to enter the S&F& Bloc7 and to use and enAoy the S&F& Facilities 4
/c2 9 Where the Said $arcel is a Serice )partment , the H$urchaser shall -e entitled to
allo3 his or his ,essee5s isitor/s2 and !uest/s2 to enter the Serice )partment
,and and the Serice )partment Bloc7 and use and enAoy the Serice )partment
Facilities and shall inform the security !uards on duty eery time any of his
isitor/s2 and<or !uest/s2 is/are2 e6pected to allo3 the named isitor/s2 and<or
!uest/s2 to enter the Serice )partment ,and and the Serice )partment Bloc7 and
to use and enAoy the Serice )partment Facilities4
"4 1isitors<Buests Identification
The $urchaser here-y authorises the security !uards employed -y the 1endor or the property
mana!ement company stationed at the lift lo--y located on Bround ,eel of the $odium Bloc7
serin! the S&F& Bloc7 and at the entrance into the Serice )partment ,and to re>uest for the
identification of any isitors and<or !uests not accompanied -y the $urchaser and<or to refuse
entry to any such isitors and<or !uests 3ho has refused or failed to furnish proper
identification into the S&F& Bloc7 or the Serice )partment ,and and the Serice
)partment Bloc7, as the case may -e 4
=4 :onduct &f 1isitors<Buests
The $urchaser shall -e responsi-le for the conduct of his isitors and<or !uests 3ithin the
S&F& Bloc7 and the Serice )partment ,and and the Serice )partment Bloc2" as the case
may be" and shall cause and procure his visitors and guests to observe perform and comply
with the Couse 9ules and 9egulations and not to cause annoyance or be a nuisance to other
purchasers of the parcels comprised in the Pro+ect or their respective <essees and their
families servants agents guests or invitees.
""
+4 Breach &f The House Cules
The 1endor here-y reseres the ri!ht to re>uest any isitors and<or !uests in -reach of any of
the House Cules and Ce!ulations to leae the S&F& Bloc7 or the Serice )partment ,and and
the Serice )partment Bloc7, as the case may -e, 3ithout assi!nin! any reasons therefore.
*4 Dse of S:;: ;acilities5Service partment ;acilities
&he invited visitors and guests of the Purchaser shall be entitled to use and en+oy such S:;:
;acilities or the Service partment ;acilities as may from time to time be permitted by the
Couse 9ules and 9egulations and the Purchaser shall cause his visitors and guests to adhere
with the Couse 9ules and 9egulations which govern the permitted S:;: ;acilities or the
Service partment ;acilities" as the case may be. &he PurchaserBs invited visitors and guests
may not use and en+oy such permitted S:;: ;acilities or the Service partment ;acilities"
unless accompanied by the Purchaser.
ARTICLE V
&WNECSHI$ &F :&MM&N $C&$ECTF
*41 Not3ithstandin! anythin! contained herein, it is here-y a!reed that the 1endor as the
deeloper of the $roAect shall -e entitled to /su-Aect to the approal of the )ppropriate
)uthority2 apply and o-tain a su-9diision of the Said ,and into the :omple6 ,and and the
Serice )partment ,and, in 3hich eent, the follo3in! proisions shall -e applica-le 89
/a2 the control mana!ement administration repair up7eep and maintenance of the S&F&
Facilities and the :ommon $roperty located 3ithin the :omple6 ,and and the
!omple/ and the provision of the !omple/ Services shall be delegated and assumed by
the Joint Management Body or the Management !orporation of the !omple/> and
/-2 the control management administration repair up2eep and maintenance of the Service
partment ;acilities and the !ommon Property located within the Service partment
<and and the Service partment Bloc2 and the provision of the Service partment
Services shall be delegated and assumed by the Joint Management Body or the
Management !orporation of the Service partment Bloc2.
*4" 6otwithstanding the sale of the Said Parcel to the Purchaser and the sale of the 9etail :ffices"
S:;: Suites and the Service partments" and anything contained herein and the Sale and
Purchase greement" the Purchaser hereby ac2nowledges" agrees and accepts that the <ower
=round !ar Par2 <evel (including all surface or any other car par2ing bays demarcated or
constructed in or about the !omple/) shall belong to the ,endor absolutely and shall not be
included into the sale of the Said Parcel herein and shall not form part of the !ommon
Property .
*4= 7ithout affecting the generality of the foregoing provisions" the Purchaser hereby
ac2nowledges and agrees that the ,endor is the lawful and absolute owner of the <ower
=round !ar Par2 <evel and accordingly01
"=
/a2 the 1endor and its successors9in9title shall -e entitled to sell transfer lease let license
and<or other3ise deal 3ith the ,o3er Bround :ar $ar7 ,eel at such consideration and
su-Aect to such terms and conditions as it may determine at its sole and a-solute discretion
and to retain such consideration for its o3n and a-solute -enefit to the e6clusion of the
$urchaser $C&1IDED ),W)FS that in the eent that the 1endor does sell transfer or
dispose of the ,o3er Bround :ar $ar7 ,eel, the 1endor shall cause and procure the
purchaser transferee lessee tenant licensee operator and<or mana!ement company thereof
to e6ecute this Deed of Mutual :oenants or to !ie its underta7in! to o-sere fulfil and
comply 3ith the proisions of this Deed;
/-2 in the eent that the 1endor shall sell to the purchasers of the parcels comprised in the
$roAect some of the car par7in! -ays comprised in the ,o3er Bround :ar $ar7 ,eel
indiidually and retain the -alance thereof, the 1endor shall cause and procure the
Buildin! $lans to -e amended to reflect the allocation of the such car par7in! -ays as
accessory parcels to the parcels -elon!in! to such purchasers prior to the application of the
strata titles to the parcels comprised in the $roAect;
/c2 the 1endor and its successors9in9title as the o3ner of the ,o3er Bround :ar $ar7 ,eel
shall -e entitled to or to appoint a car par7 operator and mana!er to carry out the car
par7in! operation of the :omple6 /3hich are open to pu-lic2 and to lease let and licence
the cars ans lorries and motorcycles par7in! -ays comprised in the ,o3er Bround :ar
$ar7 ,eel at such consideration and su-Aect to such terms and conditions as the 1endor
shall determine and to retain such consideration for its o3n and a-solute -enefit to the
e6clusion of the $urchaser ;
/d2 the 1endor and its successors9in9title as the o3ner of the ,o3er Bround :ar $ar7 ,eel
shall -e entitled at its o3n cost and e6pense to control the entry and e6it of the ehicle
traffic into and out of the :omple6 ,and and to locate and install on arious part and parts
of the :ommon $roperty as may -e determined -y the 1endor the -oom9!ates, tic7et
issuin! machines, tic7et reader machines and auto pay machines necessary for the car
par2ing operation to be carried out at the !omple/ (which part and parts shall constitute
and form accessory parcels to the strata title to the <ower =round !ar Par2 <evel)
P9:,-.?. <7ES that the ,endor and its successors1in1title shall ensure that the
Purchaser shall at all times be able to en+oy a right of way and gain access to and from
the PurchaserBs designated car par2ing bays within the Podium !ar Par2 <evel>
/e2 the ,endor and its successors1in1title as the developer of the !omple/ and the owner of
<ower =round !ar Par2 <evel shall be entitled at its own cost and e/pense and at any time
and from time to time (before and after the completion of the Pro+ect) to demolish such
part or parts of perimeter walls on the surface level of the !omple/ and5or the e/terior
walls of the <ower =round !ar Par2 <evel as may be determined by the ,endor at its
absolute discretion" for the purposes of constructing a lin25bridge connecting to the
surface level and5or the basement level of the ad+oining developments as may be
determined by the ,endor and to facilitate the access and egress and ingress from and to
the surface level of the !omple/ and5or the <ower =round !ar Par2 <evel to and from
such ad+oining developments> and
(f) the ,endor and its successors1in1title shall be entitled at its own cost and e/pense and at any
time and from time to time (before and after the completion of the Pro+ect) to renovate
reconstruct redesign and5or otherwise convert the use of such
"+
part or parts of the ,o3er Bround :ar $ar7 ,eel in such manner as the 1endor or its
successors9in9title shall at its sole and a-solute discretion determine -ut su-Aect al3ays
to the approal of the )ppropriate )uthority thereto4
*4+ The $urchaser here-y a!rees Aointly and seerally 3ith the 1endor and the other purchasers of
the parcels comprised in the $roAect, their heirs, successors9in9title and permitted assi!ns, that
in determinin! the share units to -e assi!ned to any parcel comprised in the $roAect, the
1endor 5s licensed land sureyors shall ta7e into account the follo3in!89
/i2 the purchase price of the parcel ;
/ii2 the floor area of the parcel /includin! any accessory parcel thereto2;
/iii2 the nature and use of the parcel /i4e4 retail, office, residential or car par7in! area2;
/i2 the restrictions and e6clusiity of use of the S&F& Facilities for the -enefit of the
S&F& Suites only; and
/2 the restrictions and e6clusiity of use of the Serice )partment Facilities for the
-enefit of the Serice )partments only; H
S?B(E:T ),W)FS to the proisions of the Strata Titles )ct and the applica-le la3s -y9
la3s rules and re!ulations !oernin! the determination of share units in a strata deelopment4
*4* Without affectin! the !enerality of the fore!oin! proisions , the $urchaser here-y coenants
and underta7es , Aointly and seerally 3ith the other purchasers of the parcels comprised in the
$roAect , their heirs, successors9in9title and permitted assi!ns, 3ith the 1endor 89
H
/a2 to e6ercise the $urchaser 5s otin! ri!hts to ote in faour of any motion at any !eneral
meetin! of the (oint Mana!ement Body and the Mana!ement :orporation to ensure
that the proisions of this Deed shall -e o-sered and complied 3ith on part of the
(oint Mana!ement Body and the Mana!ement :orporation, as the case may -e; and
/-2 in the eent that the $urchaser shall -e elected as a committee mem-er of the (oint
Mana!ement Body and<or council mem-er of the Mana!ement :orporation, the
$urchaser shall not do anythin! to adersely affect the ri!hts and -enefits of the
o3ners of all the parcels comprised in the $roAect /includin! 3ithout limitation the
,o3er Bround :ar $ar7 ,eel2 hereunder and to act in such manner as to ensure that
the proisions of this Deed shall -e carried out and implemented4
ARTICLE VI
EASEMENTS
E4I In addition to any easements created under the National ,and :ode and the Strata Titles )ct,
the parties hereto here-y a!ree that the $urchaser shall enAoy the follo3in! easements4
"*
/a2 Support
Each parcel shall hae an easement of support and necessity and shall -e su-Aect to an easement of
support and necessity in faour of all other parcels comprised in the :omple6 or the Serice
)partment Bloc7, as the case may -e, and the surroundin! :ommon $roperty4
/-2 ?tility )pparatus
Easements are resered under throu!h and oer the Said $arcel and all other parcels comprised in
the $roAect and the :ommon $roperty to!ether 3ith such ancillary ri!hts as shall -e necessary in
connection 3ith such utility serices and draina!e serin! the $roAect4 The $urchaser shall not do
anythin! 3ithin or outside the Said $arcel that may interfere 3ith or impair the utility serices and
draina!e serin! the $roAect4 The 1endor or its serants or a!ents or contractors shall hae a ri!ht
of access to the Said $arcel to inspect the same, to maintain, repair or replace the ?tility )pparatus
or any other utilities serices and facilities runnin! under throu!h and<or oer the Said $arcel and
to remoe any additions alterations renoations and<or improements to the Said $arcel interferin!
3ith or impairin! the same or the easements herein resered $C&1IDED that the e6ercise of such
ri!ht of access shall not unreasona-ly interfere 3ith the $urchaser5s peaceful use and enAoyment of
the Said $arcel, sae and e6cept in the eent of an emer!ency, 3here entry may -e made 3ithout
notice4
/c2 In!ress and E!ress
)n easement in faour of the $urchaser and his ,essee, and their families, serants, a!ents, !uests
and<or initees, shall e6ist for pedestrian traffic oer throu!h and across the roads, drie3ays,
3al73ays, side3al7s, paements, paths, corridors and passa!es located outside the parcels
comprised in the $roAect and other portions of the :ommon $roperty as may from time to time -e
intended and desi!nated for such purposes and use, and for ehicle and pedestrian traffic oer
throu!h and across such roads drie3ays 3al73ays side3al7s paements paths corridors passa!es
and such portions of the :ommon $roperty as may from time to time -e paed and intended for
such purposes S?B(E:T T& the House Cules and Ce!ulations !oernin! the same and all
directions rules and re!ulations from time to time to -e formulated or determined -y the 1endor or
its successor9in9title as the o3ner of the ,o3er Bround :ar $ar7 ,eel or the operator and
mana!er thereof pertainin! to the usa!e of the car par7in! -ays comprised therein )ND S?B(E:T
),W)FS T& the rules and re!ulations promul!ated -y the )ppropriate )uthority !oernin!
traffic on and of pu-lic roads, includin! 3ithout limitation the proisions of the Coad Traffic )ct
1.D@ and any rules made there under from time to time.
/d2 ?ncroachments
-n the event that01
/a2 any other parcels comprised in the Pro+ect or any portion of the !ommon
Property encroaches upon the Said Parcel > or
/-2 the Said Parcel encroaches upon any other parcels comprised in the Pro+ect or upon
any portion of the !ommon Property > or
/c2 any encroachment shall hereinafter occur as a result of01
/i2 the construction by the ,endor of the !omple/ and5or the Service
partment Bloc2 >
"E
/ii2 settlin! or shiftin! of any such construction;
/iii2 any repair additions alterations renoations improements and<or replacements
to the :ommon $roperty made -y or 3ith the consent of the 1endor;
/i2 any repair or restoration of any parcel comprised in the $roAect or any portion
of the :ommon $roperty after dama!e -y fire or other casualty 3ith the
consent of the 1endor;
then in any such eent a alid easement shall e6ist for such encroachment and for the
maintenance of the same so lon! as such encroachment shall stand4
E4" The $urchaser here-y a!rees that the 1endor shall enAoy the follo3in! easements and
reserations, 3hich are not intended to -e e6haustie and may -e amended aried and added to
as the 1endor may in its a-solute discretion deems fit4
/a2 :onstruction
The 1endor, its successors in title or assi!ns, here-y reseres the easements, licences, ri!hts
and priile!es of a ri!ht of 3ay in, throu!h, oer, under and across the Said $arcel /includin!
the areas accessory thereto, if any2 and the :ommon $roperty for the purpose of completin!
the construction of the :omple6 and<or the Serice )partment Bloc7 and its infrastructures
and amenities thereto, and to3ards this end, reseres the ri!ht to !rant and resere easements
and ri!ht of 3ay in throu!h, oer, under and across the :ommon $roperty for the installation,
maintenance, inspection and repair of the ?tility )pparatus and other utilities serices
facilities and any other materials or serices necessary for the completion of such 3or7s4
/-2 Maintenance
The 1endor or its successors in title or assi!ns, serants and a!ents and contractors, shall hae
the ri!ht at their sole discretion at any time and from time to time to enter the :ommon
$roperty for the purpose of carryin! out repair maintenance up7eep replacement and up!radin!
3or7s $C&1IDED TH)T the same shall not preent or unreasona-ly interfere 3ith the
peaceful use or enAoyment -y the $urchaser of the Said $arcel, unless rendered necessary under
the circumstances4
/c2 ?tility )pparatus
The 1endor, its successors in title or assi!ns, also reseres the ri!ht to install lay and<or
relocate additional ?tility )pparatus in under oer and<or throu!h any portion of the Said
,and, the :omple6, the Serice )partment Bloc7 and<or the Said $arcel from time to time and
to connect 3ith and ma7e use of the ?tility )pparatus 3hich may from time to time -e in or
alon! the common roads or road3ays or other areas of the :ommon $roperty4
/d2 Ciser Cooms, Eleator Shafts, Water Tan7s, Su-9Stations, etc
For the purposes of maintainin! security and safety of the $roAect !enerally, the 1endor shall
-e entitled to loc7 and secure the riser rooms, eleator shafts, the 3ater tan7s, electricity su-9
stations and such other areas located 3ithin the :ommon $roperty as may deem fit -y the
1endor from time to time and to restrict the access -y the $urchaser and the other o3ners of
the parcels comprised in the $roAect thereto.
"@
/e2 1endor5s &ther Ceserations
The 1endor, successors in title or assi!ns, here-y reseres the ri!ht to esta-lish !rant and
create such any additional electric, 3ater, !as, se3er, draina!e, ca-le teleision , internet and
other telecommunication serices or other utility easements in any part of the :ommon
$roperty /3ith ri!hts to access and<or to relocate any such e6istin! ?tility )pparatus in any
portion of the :ommon $roperty2 , and to dedicate any or all of the aforesaid easements to
such utility companies or corporations or )ppropriate )uthority if the 1endor shall deem it
necessary or desira-le for the proper operation maintenance and<or improement of the
:omple6 and<or the Serice )partment Bloc7 or any portion thereof or for the !eneral health
and 3elfare of all the o3ners of the parcels comprised in the $roAect or in connection 3ith the
deelopment of the $roAect or any other proAects 3hich may -e deeloped -y the 1endor in the
icinity of the Said ,and $C&1IDED that the user of such easements shall not preent or
unreasona-ly interfere 3ith the peaceful use and enAoyment of the Said $arcel, sae and e6cept
in the eent of an emer!ency 4 )ny utility company or corporation or )ppropriate )uthority
proidin! or furnishin! serices to the :omple6 and<or the Serice )partment Bloc7, and their
serants and a!ents, shall hae the ri!ht of access to the Said $arcel, and any utility company
or corporation or )ppropriate )uthority 3hich may -e proidin! or furnishin! serices to other
proAects deeloped -y the 1endor in the icinity of the Said ,and, and their serants and
a!ents, shall hae the ri!ht of access to the :ommon $roperty in furtherance of such
easements, $C&1IDED that such ri!hts of access as herein-efore proided are e6ercised in
such a manner as shall not unreasona-ly interfere 3ith the use of any of the parcels comprised
in the $roAect4
E4= In addition to the !eneral easements referred to hereina-oe , the parties hereto here-y a!ree
that the follo3in! easements and reserations are intended to -e enAoyed -y the 1endor, the
$urchaser and the purchasers of the parcels comprised in the $roAect 89
/a2 the $urchaser and his ,essee, serants a!ents !uests and<or initees and the purchasers
of the parcels comprised in the $roAect, shall hae the ri!ht and li-erty to par7 their
cars and ehicles at the properly demarcated car par7in! -ays comprised in the ,o3er
Bround :ar $ar7 ,eel S?B(E:T T& the car par7in! char!es, terms and conditions,
directions and rules and re!ulations as may -e determined -y the 1endor or its
successor9in 9title as the o3ner of the ,o3er Bround :ar $ar7 ,eel or the appointed
operator and mana!er thereof ;
/-2 an easement shall -e created oer the ,o3er Bround :ar $ar7 ,eel at any time of day
or ni!ht 3ith or 3ithout ehicles in faour of the $urchaser and his ,essee, serants
a!ents !uests and<or initees, and the purchasers of the parcels comprised in the $roAect
to pass and repass the ,o3er Bround :ar $ar7 ,eel to and from their respectie
parcels 4
E4+ The parties here-y a!ree and ac7no3led!e that the -enefits and -urdens to the parties hereto as
proided under the easements set out herein shall -e -indin! effectie and enforcea-le a!ainst
the respectie parties or their personal representaties or successors in title and lawful assigns.
E4* &he ,endor shall be entitled to register the easements set out herein and such other easements
as the ,endor may in its absolute discretion deems fit against the separate subsidiary title to
the Said Parcel when the same is issued by the ppropriate uthority in accordance with the
provisions of the 6ational <and !ode and the Strata &itles ct" and the Purchaser hereby
covenants and underta2es with the ,endor to e/ecute such re4uisite forms as may be
necessary to effect the registration of the said easements. &he
28
$urchaser here-y ac7no3led!es that the form of the said easements or any one thereof may -e
amended or aried -y the 1endor to facilitate and effect the proper and le!al re!istration of the
same4 )ll cost of and e6penses incidental to the re!istration of the said easements or any one
thereof shall -e -orne -y the 1endor 3ho shall -e reim-ursed from the Sin7in! Fund4
ARTICLE VII
SEC1I:E :H)CBES I SIN'INB F?ND
@4I )s from the date of deliery or deemed deliery of acant possession of the Said $arcel to the
$urchaser and prior to the esta-lishment of the (oint Mana!ement Body or the Mana!ement
:orporation, as the case may -e, the $urchaser shall pay to the 1endor the :omple6 Serice
:har!es or the Serice )partment Serice :har!es, as the case may -e and the contri-ution
to3ards the Sin7in! Fund at such rates as may -e determined -y the 1endor at its a-solute
discretion $C&1IDED ),W)FS that the 1endor shall -e entitled at any time and from time
to time at it a-solute discretion -y notice in 3ritin! to the Purchaser to vary the amount of the
!omple/ Service !harges" the Service partment Service !harges and5or the contribution
towards the Sin2ing ;und payable by the Purchaser in respect of the Said Parcel.
@4" &he ,endor shall be entitled from time to time to review vary and determine the amount of
!omple/ Service !harges" the Service partment Service !harges and5or contribution
towards the Sin2ing ;und payable by each of the owners of the parcels comprised in the
Pro+ect. &he ,endor shall advise the Purchaser promptly in writing of any variation of the
amount of !omple/ Service !harges" the Service partment Service !harges and5or
contribution towards the Sin2ing ;und payable by him determined as aforesaid .
@4= certificate issued by the ,endor Bs officer shall be final and conclusive and binding on the
Purchaser as to the amount of the !omple/ Service !harges" the Service partment Service
!harges and5or contribution towards the Sin2ing ;und payable by the Purchaser hereunder.
@4+ &he liability of the Purchaser to pay the !omple/ Service !harges or the Service partment
Service !harges" as the case may be and contribution towards the Sin2ing ;und shall not be
avoided e/onerated or reduced by the waiver of the use or en+oyment of the !ommon
Property" !omple/ Services" Service partment Services or any part thereof or the non1
occupation or abandonment of the Said Parcel for which the !omple/ Service !harges or the
Service partment Service !harges and contribution towards the Sin2ing ;und is payable .
ARTICLE VIII
M)N)BEMENT &F :&MM&N $C&$ECTF I
PROVISION OF SERVICES BY THE VENDOR
D41 ?ntil the (oint Mana!ement Body or the Mana!ement :orporation , as the case may -e, shall
hae -een esta-lished, the 1endor shall control mana!e administer clean repair up7eep and
other3ise maintain in !ood state and condition the :ommon $roperty and proide the
:omple6 Serices and the Serice )partment Serices to all the parcel s comprised in the
$roAect $C&1IDED ),W)FS that89
29
/a2 all cost and e6pense to -e incurred -y the 1endor in the control mana!ement
administration cleanin! repair up7eep and maintenance of the S&F& Facilities and
the :ommon $roperty located 3ithin the :omple6 ,and and the :omple6 and the
proision of the :omple6 Serices shall -e char!ed to the account of all the purchasers
of the Cetail &ffices, S&F& Suites and the ,o3er Bround :ar $ar7 ,eel in
accordance 3ith the proisional share units assi!ned to the Said $arcel -y the 1endor5s
licensed land sureyors proportionate to the a!!re!ate of the proisional share units
assi!ned to all the Cetail &ffices, the S&F& Suites and the ,o3er Bround :ar $ar7
,eel; and
/-2 all cost and e6pense to -e incurred -y the 1endor in the control mana!ement
administration cleanin! repair up7eep and maintenance of the Serice )partment
Facilities and the :ommon $roperty located 3ithin the Serice )partment ,and and
the Serice )partment Bloc7 and the proision of the Serice )partment Serices shall
-e char!ed to the account of all the purchasers of the Serice )partments in
accordance 3ith the proisional share units assi!ned to the Said $arcel -y the 1endor5s
licensed land sureyors proportionate to the a!!re!ate of the proisional share units
assi!ned to all the Serice )partments;
EJ:E$T to the e6tent that if the same are necessitated -y the act, ne!li!ence, misuse or
ne!lect of the $urchaser or his ,essee, their families serants a!ents !uests or initees, or a
!roup of purchasers or their ,essees, their respectie families serants a!ents !uests or
initees, such cost and e6pense shall -e paid -y the $urchaser or such !roup of purchasers4
D4"9 ) certificate of the 1endorKs office as to the total cost and e6penses referred to in :lause D4l
/a2 and D4l /-2 hereof and as to the -asis of apportionment thereof -et3een the purchasers of
the parcels comprised in the :omple6 and that -et3een the purchasers of the parcels
comprised in the Serice )partment Bloc7 shall -e conclusie final and -indin! upon the
$urchaser4
D4= Not3ithstandin! the duty of the 1endor to clean repair maintain replace mana!e and up7eep
the :ommon $roperty and to proide the :omple6 Serices and the Serice )partment
Serices hereunder, the 1endor or its serants or a!ents or contractors shall not -e lia-le to the
$urchaser or his ,essee, their family or initees, for any inAury loss or dama!e caused -y the
acts ne!lect or omission on the part of the 1endor in the dischar!e of its duties and o-li!ations
herein contained4
D4+ &he ,endor shall have the absolute right and liberty to absolutely assign to a third party or
appoint a property management company to underta2e its obligation to clean repair maintain
replace manage and up2eep the !ommon Property and to provide the !omple/ Services and
the Service partment Services and upon such assignment or appointment as aforesaid " the
Purchaser shall thereafter deal with the assignee or the property management company in
respect of all matters pertaining to the cleaning repair maintenance replacement management
and up2eep of the !ommon Property and the provision of the !omple/ Services and the
Service partment Services and pay the !omple/ Service !harges or the Service partment
Service !harges" as the case may be" and the contribution towards the Sin2ing ;und directly
to the assignee or the property management company as the case may be.
ARTICLE IX
(&INT M)N)BEMENT B&DF )ND M)N)BEMENT :&C$&C)TI&N
.41 The $urchaser here-y a!rees that the (oint Mana!ement Body or the Mana!ement :orporation
to -e esta-lished under the Buildin! )nd :ommon $roperty /Maintenance )nd Mana!ement2
)ct and the Strata Titles )ct respectiely, shall upon its formation, in addition to the ri!hts,
po3ers and duties conferred thereunder, assume the ri!hts po3ers and duties here-y created in
faour of the 1endor herein and shall -e entitled to and -e responsi-le for the enforcement of
the coenants created on part of the purchasers of the parcels comprised in the $roAect and the
collection of the :omple6 Serice :har!es, the Serice )partment Serice :har!es and the
contri-ution to the Sin7in! Fund hereunder and the 1endor shall -e completely dischar!ed
from all lia-ilities duties and o-li!ations hereunder, sae and e6cept for claims -y either party
hereto a!ainst the other for any -reach antecedent to the formation of the (oint Mana!ement
Body or the Mana!ement :orporation as the case may -e 4
ARTICLE X
INSURANCE
1#41 Insurance coerin! the :omple6, the Serice )partment Bloc7 and the :ommon $roperty shall
-e !oerned -y the follo3in! proisions8 9
/a2 $urchase
The 1endor shall insure and 7eep insured the :omple6, the Serice )partment Bloc7
and the :ommon $roperty a!ainst fire, flood and such other ha%ards coered -y a
standard e6tended coera!e endorsement and such other ris7s as from time to time
shall -e customarily coered 3ith respect to properties similar in type location and use,
includin! 3ithout limitation andalism and malicious mischief as the 1endor may
determine in its a-solute discretion, in the name of the 1endor 3ith such reputa-le
insurance company as it may determine in its a-solute discretion up to the full
replacement alue thereof /su-Aect to such reasona-le deducti-le clauses24
/-2 :ustody of $olicies and $ayment of $roceeds
)ll policies shall proide that payments of any compensation for losses paya-le -y the
insurer shall -e paid to the 1endor and all policies and endorsements thereon shall -e
deposited 3ith the 1endor4
/c2 $ersonal $roperty and ,ia-ility
The $urchaser shall insure and 7eep insured all fi6tures fittin!s furniture e>uipment
!oods properties and such other alua-le items and personal effects situated 3ithin the
Said $arcel a!ainst fire theft -ur!lary and such other ris2s as may be determined by the
Purchaser at his own discretion and costs.
1#4" Dnless otherwise unobtainable" the ,endor shall insure and 2eep insured the following01
/a2 all other buildings or structures that may be erected on the Said <and together with all
service machineries contained therein e/cluding foundation and e/cavation costs as
determined by the ,endor against loss or damage by fire flood and such other
haFards covered by a standard e/tended coverage
=#
=1
endorsement and such other ris7s as from time to time shall -e customarily coered
3ith respect to -uildin!s similar in construction location and use, includin! 3ithout
limitation andalism and malicious mischief up to the full replacement alue thereof
/su-Aect to such reasona-le deducti-le clauses2; and
/-2 such other insurance as the 1endor shall determine from time to time to -e desira-le
and e6pedient4
1#4= The $urchaser shall -ear a portion of the premium paya-le in respect of the insurance policies
ta7en up and maintained -y the 1endor, from the date acant possession of the Said $arcel
shall hae -een deliered or deemed deliered to the $urchaser, such portion to -e determined
accordin! to the proisional share units assi!ned to the Said $arcel as may -e determined -y
the 1endor5s licensed land sureyor4 In the eent that any increase in the premium paya-le in
respect of such insurance policies shall hae -een caused -y any act ne!lect or omission or
-reach -y the $urchaser of the proisions contained herein, such increase shall -e assessed
separately and -orne solely -y the $urchaser4
1#4+ )ll insurance policies purchased -y the 1endor shall -e for the -enefit of the 1endor and the
$urchaser and the purchasers of the other parcels comprised in the $roAect and their char!ees or
assi!nees, as their interests may appear, and shall proide that all proceeds coerin! property
losses shall -e paid to the 1endor4 The 1endor shall not -e lia-le for non9payment of premium
nor for the non9rene3al or the insufficiency of policies, nor for the failure to collect any
insurance proceeds4 The 1endor shall receie such proceeds as are paid and hold the same in
trust for the purposes stated herein, and for the -enefit of the $urchaser and the purchasers of
the other parcels comprised in the $roAect and their respectie char!ees or assi!nees in the
follo3in! shares, namely89
/a2 :ommon $roperty
)n undiided share for each of the purchasers comprised in the $roAect, such share
-ein! the same as their respectie undiided interests and shares in the :ommon
$roperty appurtenant to their respectie parcels4
/-2 $arcels
$roceeds on account of dama!e to any of the said parcels comprised in the $roAect shall
-e held in the follo3in! undiided share89
/i2 3here the :omple6 and<or the Serice )partment Bloc7 is<are to -e restored,
the proceeds held for the -enefit of the purchasers of the dama!ed parcels shall
-e in proportion to the cost of repairin! the dama!e suffered -y each of the
purchasers concerned, 3hich cost shall -e determined -y the 1endor;
/ii2 3here the :omple6 and<or the Serice )partment Bloc7 is<are not to -e
restored, the proceeds held for the -enefit of the purchasers of the dama!ed
parcels shall -e in proportion to the undiided share of each of the purchasers
concerned, such share -ein! the same as their respectie undiided interests
and shares in the :ommon $roperty appurtenant to their respectie parcels4
1#4* Proceeds of insurance policies received by the ,endor shall be disbursed to or for the benefit
of the purchasers of the parcels comprised in the Pro+ect or their chargee or assignee in the
following manner 01
="
/a2 E6pense of the 1endor
)ll e6penses of the 1endor in the mana!ement of the :omple6 and<or the Serice
)partment Bloc7 shall -e first paid or proisions made therefore4
/-2 Ceconstruction or Cepair
If the dama!e for 3hich the proceeds are paid is to -e restored repaired or
reconstructed, the remainin! proceeds shall -e paid to defray the cost thereof as
else3here proided4 )ny proceeds remainin! after defrayin! such costs shall -e
distri-uted to the purchasers of the dama!ed parcels and their char!ee or assi!nee, such
remittance to the said purchasers and their respectie char!ee or assi!nee shall -e paid
Aointly to them4
/c2 Failure to Ceconstruct or Cepair
If it is determined in the manner else3here proided that the dama!e for 3hich the
proceeds are paid shall not -e restored repaired or reconstructed, the remainin!
proceeds shall -e distri-uted first to all char!ees or assi!nee of the purchasers of the
dama!ed parcels pari passu and ratea-ly, and the -alance if any shall -e distri-uted to
the Mana!ement Fund4
1#4E The 1endor is here-y irreoca-ly appointed -y the parties hereto as a!ent to adAust all claims
arisin! under insurance policies purchased pursuant hereto and to e6ecute and delier
dischar!es and releases upon the payment of such claims4 The 1endor shall -e the a!ent for
each and eery purchaser of the parcels comprised in the $roAect and for each char!ee or
assi!nee or holder of any other lien upon any of the parcels comprised in the $roAect and for
each and eery o3ner of any other interest in the :omple6 and<or the Serice )partment
Bloc74
1#4@ &he insurance policies to be purchased by the ,endor shall not cover claims against the
Purchaser due to accidents occurring within his Parcel nor shall it cover casualty theft or any
loss to the contents of the Said Parcel. -t shall be the obligation of the Purchaser to purchase
and pay for insurance against all such ris2s.
1#4D &he Purchaser shall be liable for the cost and e/pense of any restoration " repair or
replacement wor2s made necessary by him or his <esseeBs negligence or by that of any
member of their servants agents guests and5or invitees but only to the e/tent that such e/pense
e/ceeds the proceeds of insurance received by the ,endor.
ARTICLE XI DEFAULT &
WAIVER
114l In the eent that the $urchaser shall default in the payment of the :omple6 Serice :har!es,
the Serice )partment Serice :har!es and<or the contri-ution to the Sin7in! Fund and<or any
other moneys paya-le pursuant hereto or any part thereof on the due date/s2 thereof, the
1endor shall -e entitled to impose interest on such unpaid amount thereof calculated at the rate
of ten per centum /1#L2 per annum or such other rate of interest as may -e stipulated -y the
1endor from time to time from the due date/s2 thereof to the date of actual payment thereof on
a day to day -asis4 Not3ithstandin! the fore!oin! proision herein, in the eent that the
:omple6 Serice :har!es, the Serice )partment Serice :har!es and<or the contri-ution to
the Sin7in! Fund and<or such other
moneys paya-le pursuant hereto or any part thereof shall remain unpaid on the Said $arcel , the
1endor shall -e entitled to89
(i) cease and suspend the :omple6 Serices or the Serice )partment Serices, as
the case may -e, to the Said $arcel ;
/ii2 disconnect the 3ater supply and other utilities to the Said $arcel;
/iii2 include the name of the $urchaser in a Defaulters ,ist to -e displayed on the Notice
Boards of the :omple6 or the Serice )partment Bloc7 , as the case may -e;
/i2 collect and receie the outstandin! unpaid :omple6 Serice :har!es, the Serice
)partment Serice :har!es and<or the contri-ution to the Sin7in! Fund and<or other
moneys paya-le pursuant hereto or any part thereof from the ,essee of the Said $arcel,
3ho are here-y irreoca-ly authorised -y the $urchaser to ma7e such payment on
-ehalf and for the account of the $urchaser ; and<or
/2 a lien on the Said $arcel for the outstandin! unpaid :omple6 Serice :har!es, the
Serice )partment Serice :har!es and<or the contri-ution to the Sin7in! Fund and<or
other moneys paya-le pursuant hereto or any part thereof to!ether 3ith interest thereon
and le!al fees and e6penses incurred -y the 1endor incidental to the collection of the
same and<or enforcement of the lien herein4
114" In addition to the remedies contained in :lause 1141 hereof, the 1endor shall -e entitled to
instruct its solicitors to89
4 /a2 issue a notice of demand to the $urchaser re>uestin! for the payment of the outstandin!
unpaid :omple6 Serice :har!es, the Serice )partment Serice :har!es and<or
contri-ution to the Sin7in! Fund and<or other moneys paya-le pursuant hereto, in
3hich eent, the $urchaser shall -e lia-le to pay a fee of Cin!!it Malaysia &ne
Hundred and Si6 /CM 1#E9##2 as le!al costs and dis-ursements for such notice and<or
/-2 institute le!al action for the recoery of the outstandin! unpaid :omple6 Serice :har!es,
the Serice )partment Serice :har!es and<or contri-ution to the Sin7in! Fund and<or
other moneys paya-le pursuant hereto, in 3hich eent, the $urchaser shall -e lia-le to
indemnify and pay all le!al costs and dis-ursements incurred -y the 1endor in
connection 3ith such le!al action on a solicitors and clients -asis4 The $urchaser
here-y a!rees that any dispute in relation to the >uality of the cleanin!, repair, up7eep
and maintenance of the :ommon $roperty and the :omple6 Serices or the Serice
)partment Serices to -e proided -y the 1endor or its property mana!ement company
shall not -e used as a !round or -asis for the delay or non9payment of the outstandin!
unpaid !omple/ Service !harges" the Service partment Service !harges and5or
contribution to the Sin2ing ;und and5or other moneys payable pursuant hereto.
114= -n the event that the Purchaser shall fail to observe perform and5or comply with any of the
covenants underta2ings and5or obligations to be observed performed and5or complied with on
the part of the Purchaser and5or otherwise breach any of the provisions contained in this .eed
or the Couse 9ules and 9egulations of the ,endor" the ,endor and5or any of any purchasers of
the other parcels comprised in the Pro+ect shall have the right to proceed in a court of law to
see2 specific performance and compliance by the Purchaser of the same" or the ,endor shall
have the right to ta2e and do such action and things whatsoever as are necessary and
re4uired to remedy such breach and to place the
==
34
$urchaser in compliance here3ith and to claim and collect from the $urchaser all cost and
e6pense incurred and sustained in connection there3ith and hae a lien oer the Said $arcel for
the same as else3here proided4 In connection here3ith, the 1endor shall hae the ri!ht, for
itself, and its serants and a!ents, to enter the Said $arcel to enforce compliance 3ith the
proisions herein4
114+ For the purposes of determinin! 3hether or not there is any default or -reach of the proisions
of this Deed and<or the House Cules and Ce!ulations -y the $urchaser, the act omission and<or
ne!lect of his family serants a!ents or initees, or his ,essee or his family serants a!ents or
initees, shall -e deemed to -e the act omission and<or ne!lect of the $urchaser4
114* The failure of the 1endor to enforce any coenants, underta7in!s, o-li!ations or any other
proisions contained in this Deed and<or the House Cules and Ce!ulations adopted pursuant to
these proisions as the same may -e amended from time to time shall not constitute a 3aier of
its ri!hts to any remedies therefore .
ARTICLE XII EFFECT OF
COVENANTS
1"41 )ll proisions of this Deed of Mutual :oenants and the House Cules and Ce!ulations of the
1endor shall, to the e6tent applica-le and unless other3ise e6pressly or therein proided to the
contrary, shal1 -e perpetual and -e construed to -e coenants runnin! 3ith the Said ,and and
the Said $arcel and 3ith eery part thereof and interests therein and all of the proisions hereof
and thereof shall -e -indin! upon and inure to the -enefit of the $urchaser of all or any part
thereof, or interests therein, and his heirs, e6ecutors, administrators , le!al representaties,
successors in title or permitted assi!ns, -ut the same shall not -e intended to create nor shall
they -e construed as creatin! any ri!hts in or for the -enefit of the !eneral pu-lic 4 )ll, present
and future, o3ners, ,essees and occupants of the Said $arcel shall -e su-Aect to and shall
comply 3ith the proisions of this instrument and the House Cules and Ce!ulations as they
may -e amended from time to time4
1"4" Without affectin! the !enerality of the fore!oin! proisions, the $urchaser here-y a!rees that
all the proisions of this Deed of Mutual :oenants and the House Cules and Ce!ulations, as
may -e added su-stituted aried and<or other3ise amended -y the 1endor from time to time,
and coenants e6pressed therein shall surie the completion of the sale and purchase of the
Said $arcel and continue to su-sist and hae full force and effect, and shall not mer!e into the
$urchaser5s separate su-sidiary title or -e other3ise there-y e6tin!uished, not3ithstandin! the
transfer of the separate strata title to the Said $arcel to the $urchaser or his permitted assi!ns4
1"4= The $urchaser here-y ac7no3led!es that the compliance -y the purchasers of the parcels
comprised in the $roAect 3ith the terms and conditions of this Deed and the House Cules and
Ce!ulations is important and inte!ral to the deelopment of the $roAect 4 )ccordin!ly the
$urchaser here-y coenants 3ith the 1endor that in the eent of any intended transfer or
assi!nment of the Said $arcel from the $urchaser to a su-se>uent party, the $urchaser shall
notify the 1endor of the intended transfer or assi!nment and further cause and procure the
intended transferee or assi!nee to e6ecute a fresh Deed of Mutual :oenants and -e -ound -y
the proisions of this Deed of Mutual :oenants and the House Cules and Ce!ulations 4 The
$urchaser here-y irreoca-ly authorises the 1endor to o-tain from
35
the intended transferee or assi!nee an underta7in! that the latter -e -ound -y the proisions of
this Deed and the House Cules and Ce!ulations as a pre9condition to the transfer or
assi!nment of the Said $arcel -y the $urchaser4 If the transferee or assi!nee shall fail to !ie
the releant underta7in!s to the 1endor, the $urchaser shall remain lia-le to indemnify the
1endor on demand a!ainst any -reach -y his transferee or assi!nee /and their su-se>uent
successors2 of the coenants herein contained4
1"4+ The $urchaser here-y ac7no3led!es that the 1endor shall hae the a-solute ri!ht at any time
and from time to time to add su-stitute ary and<or other3ise amend the proisions of this
Deed of Mutual :oenants and<or that of the House Cules and Ce!ulations4 6otice of any
addition substitution variation and5or amendment shall be given to the Purchaser and shall be
deemed so sufficiently given by leaving a copy of the same at the Said Parcel. Such addition
substitution variation and5or amendment shall be deemed to have been effected" and this .eed
shall be read and construed as if such addition substitution variation and5or amendment have
been incorporated in and had formed part of this .eed " with effect from the date of such
notice . -n the event that there is any conflict between any of the provisions contained in the
Couse 9ules and 9egulations to be stipulated by the ,endor and the provisions of this .eed"
then the former provisions shall prevail.
ARTICLE XIII
INDEMNITF I EJ:,?SI&N &F ,I)BI,ITF
1=41 The $urchaser here-y coenants Aointly and seerally 3ith the 1endor and each of the
purchasers and o3ners of the other parcels comprised in the $roAect, the ,essees and occupiers
of the same for the time -ein!, to indemnify and 7eep indemnified each and eeryone of them
a!ainst all actions, demands, claims, proceedin!s , dama!es, costs, char!es and e6penses
arisin! out of or made in conse>uence of any inAury loss or dama!e suffered or sustained -y
him or his ,essee, their families, serants, a!ents, !uests, initees or licensees 3hile in or
upon the Said $arcel or the :ommon $roperty or any3here 3ithin the Said ,and /3hether
arisin! from the ne!li!ence or default of the 1endor or that of any serant or a!ent of the
1endor or other3ise ho3soeer2 $C&1IDED ),W)FS that such indemnity shall not apply
3here such inAury loss or dama!e 3as caused -y or arose out of any act of ne!li!ence or
-reach hereof on the part of any of the purchaser/s2, o3ner/s2, lessee/s2 and<or occupier/s2 of
the other parcels comprised in the $roAect4
1=4" The $urchaser here-y coenants Aointly and seerally 3ith the 1endor and each of the
purchasers and o3ners of the other parcels comprised in the $roAect, the ,essees and occupiers
of the same for the time -ein!, to comply 3ith the proisions of any Enactment , )ct or
&rdinance and to any re!ulations or -y la3s for the time -ein! in force affectin! the Said
$arcel , the :omple6, the Serice )partment Bloc7 and<or the Said ,and and shall not do or
omit or suffer to -e done any act matter or thin! in contraention of the said proisions and
shall at all times hereafter indemnify and 7eep indemnified the 1endor, all the said purchasers,
o3ners, ,essees and occupiers of the parcels comprised in the $roAect a!ainst all actions,
demands, claims, proceedin!s, dam a!es, costs, char!es and e6penses arisin! out of or in
respect of any such act matter or thin! done or omitted or suffered to -e done in contravention
of any of the said provisions" and shall further pay to the ,endor and5or such purchaser s"
owners" <essees and occupiers
=E
any le!al costs on a solicitors and clients -asis incurred in defendin! any actions, demands,
claims or proceedin!s arisin! out of such -reach 4
1=4= The $urchaser here-y coenants Aointly and seerally 3ith the 1endor and each of the
purchasers and the o3ners of the other parcels comprised in the $roAect, the ,essees and
occupiers, to indemnify and 7eep indemnified the 1endor and<or the said purchasers, o3ners,
,essees and occupiers of the parcels comprised in the $roAect a!ainst all actions, demands,
claims, proceedin!s, dama!es, costs, char!es and e6penses arisin! out of any -reach -y him of
the proisions of this Deed and<or the House Cules and Ce!ulations4
1=4+ The $urchaser shall use the :ommon $roperty at his o3n ris7s and the 1endor shall not -e
lia-le for any death personal inAury or loss or dama!e 3hether to person or property sustained
-y the $urchaser or his ,essee or their families serants a!ents initees or licensees usin! any
of the :ommon $roperty4
1=4* Not3ithstandin! anythin! contained herein, the $urchaser here-y a!rees that the 1endor shall
not -e lia-le in any 3ay 3hatsoeer for any death personal inAury or loss or dama!e 3hether to
person or property sustained -y the $urchaser or his ,essee or their families serants a!ents
initees or licensees throu!h the ne!li!ence or default of any a!ents contractors and<or su-9
contractors, their serants or a!ents, appointed -y the 1endor in connection 3ith the proision
of the :omple6 Serices and the Serice )partment Serices or any part thereof 4
1=4E If the 1endor shall not -e a-le to carry out or proide or perform any of the :omple6 Serices
or Serice )partment Serices for 3hich :omple6 Serice :har!es or the Serice )partment
Serice :har!es; as the case may -e, are leied, the 1endor shall not -e lia-le for any death,
personal inAury or loss or dama!e /physical, financial or otherwise) that may howsoever be
suffered or sustained by the Purchaser or his <essee or their families servants agents invitees
or licensees thereby.
ARTICLE XIV
MISCELLANEOUS
1+41 'no3led!e or ac>uiescence -y the 1endor of or in any -reach -y the $urchaser of any of the
conditions or coenants herein contained or any indul!ence !ien -y the 1endor shall not
operate as or -e deemed to -e 3aier of such conditions or coenants or any of them and
not3ithstandin! such 7no3led!e or ac>uiescence or indul!ence !ien, the 1endor shall -e
entitled to e6ercise its ri!hts under this Deed and to re>uire strict performance -y the $urchaser
of the terms and conditions herein4
1+4" ll stamp duty" disbursements " e/penses and costs (including solicitors B costs) in respect
of this .eed shall all be paid solely and absolutely by the Purchaser.
1+4= ny notice re4uired to be given under this .eed shall be in writing and shall be sufficiently
served on the ,endor if delivered or forwarded by prepaid registered letter addressed to its
abovementioned address and shall be sufficiently served on the Purchaser if delivered or
forwarded by prepaid registered letter addressed to him at his address abovementioned or at
his last 2nown address or left at the Said Parcel. ny notice sent by the registered post shall be
deemed to have been duly served on the date following the date on which the notice was so
posted or left.
=@
1+4+ This Deed is !oerned -y and shall -e construed in accordance 3ith the la3s of
Malaysia4
1+4* If any of the terms conditions stipulations and<or proisions are ille!al, oid, prohi-ited or
unenforcea-le, such terms conditions stipulations and<or proisions shall -e ineffectie to
the e6tent of such ille!ality oidness prohi-ition or unenforcea-ility and any such ille!ality
oidness prohi-ition or unenforcea-ility shall not inalidate or render ille!al oid
prohi-ited or unenforcea-le the remainin! terms conditions stipulations and<or proisions
of this Deed or any part thereof, 3hich shall continue to -e in full force and effect4
1+4E This Deed supersedes all preious a!reements, letters, correspondences and
communications /oral or 3ritten or e6pressed or implied2 in respect of matters dealt 3ith in
this Deed4
1+4@ This Deed shall -e -indin! upon the successors9in9 title and assi!ns of the 1endor and
upon the heirs personal representaties or successors9in9title and permitted assi!ns of the
$urchaser4
1+4D The Schedules hereto shall form part of this Deed and shall -e read and construed as an
essential part of this Deed4
1+4. Time 3hereer mentioned in this .eed shall be of the essence of this .eed.
G&he rest of this page is intentionally left blan2H
=D
-6 7-&6?SS 7C?9?:; the duly authorised representatives of the ,endor and the
Purchaser have set their respective hands the day and year set out in Section ' of the ;irst
Schedule hereto .
Signed by )
)
for and on behalf of )
W)W)S)N C)()W),i SDN BHD 2
/:ompany No4 .1@D#D9)2 2
in the presence of89 )
Si!ned -y the $urchaser in the 2
presence of89 )
&he !ommon Seal of the Purchaser is )
hereunto affi6ed in the presence of89 )
=.
;-9S& S!C?.D<?
Section $articulars
14 Date of this Deed
"4 Name/s2 I
)ddress/es2 of the
$urchaser
$&,FSEED 1ENT?CE :)$IT), SDN4
BHD4
/:ompany No4 .+*E"@9
M2
a company incorporated in Malaysia and
hain! its -usiness address at No4 D"9", (alan
B$$ *<*, Bandar $uteri $uchon!, +@1##
Selan!or Darul Ehsan
=4 The Said $arcel )ll that parcel of I9etail :ffice5S:;:
Suite5Service partment distinguished as
Parcel 6o. S&l1#)1'$ located on <evel
6o. #) of Ithe
<Serice )partment Bloc7 No4
To3er STl
SECOND SCHEDULE
MThe Site $lan of the Said ,and is anne6ed heretoN
+#
THIRD SCHEDULE
M,ist of :omple6 Serices !enerallyN
O "+9hour security serices
O :lean repair and maintenance of the roads road3ays 3al73ays paements passa!es
stair3ays lo--ies and common corridors
O Cepair and maintenance of compound street li!htin!
O Brass cuttin! 3eedin! and maintenance of the street leel and common landscape areas
O Cefuse collection
O Beneral repair and maintenance of common M I E installations, facilities and ?tility
)pparatus
O Beneral cleanin! and maintenance of the :ommon $roperty
Such other serices as may -e proided -y the 1endor at its a-solute discretion or that
re>uired -y the )ppropriate )uthority to -e provided for the !omple/.
J'
;:D9&C S!C?.D<?
G<ist of S:;: ;acilities e/clusive for the benefit of the S:;: SuitesK
14 Swimming Pool
"4 =ymnasium
=4 Sauna
+4 Male L ;emale &oilets
*4 !hanging 9ooms
E4 <andscape =arden
@4 <ifts serving the S:;: Bloc2
D4 ,ift lo--ies located on Bround ,eel of the
Podium Bloc2
.4 Fire Fi!htin! E>uipment
1#4 Mana!ement &ffice
Such other facilities as may -e proided -y the 1endor at its a-solute discretion or that
re>uired -y the )ppropriate )uthority to -e proided for the S&F& Bloc74
+"
FIFTH SCHEDULE
M,ist of Serices for the Serice )partment Bloc7N
O "+9hour security serices
O :lean repair and maintenance of the roads road3ays 3al73ays paements passa!es
stair3ays lo--ies and common corridors
O Cepair and maintenance of compound street li!htin!
O Brass cuttin! 3eedin! and maintenance of the street leel and common landscape areas
O Cefuse collection
O Beneral repair and maintenance of common M I E installations, facilities and ?tility
)pparatus
O Beneral cleanin! and maintenance of the :ommon $roperty
Such other serices as may -e proided -y the 1endor at its a-solute discretion or that
re>uired -y the )ppropriate uthority to be provided for the Service partment Bloc2 .
J@
SI1T# SC#E!ULE
G<ist of Service partment ;acilities e/clusive for the benefit of the Service partmentsH
14 Swimming Pool
"4 =ymnasium 9oom
=4 Male L ;emale &oilets
+4 !hanging 9ooms
*4 Playground
E4 <andscaped =arden
@4 <ifts serving the Service partment Bloc2
D4 S4uash !ourt
.4 ;unction 9oom
1#4 Surau
114 ;ire ;ighting ?4uipment
1"4 Management :ffice
Such other facilities as may be provided by the ,endor at its absolute discretion or that re4uired
by the ppropriate uthority to be provided for the Service partment Bloc2.
JJ

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