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TENANCY AGREEMENT

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THIS AGREEMENT is made the day and the year stated in Part One of the Schedule annexed
hereto (which said Schedule shall hereinafter be referred to as “the Schedule”) BETWEEN the
party whose name and address appear in Part Two of the Schedule (hereinafter called “the
Landlord”) of the one part AND the party whose name and address appear in Part Three of the
Schedule (hereinafter called “the Tenant”) of the other part.

WHEREAS:-

1. The Landlord is the registered/beneficial owners of all that land and building more
particularly described in Part Four of the Schedule (which said land and building is
hereinafter referred to as “the said Demise Premises”).

2. The Landlord has agreed to grant to the Tenant and the Tenant has agreed to accept a
Tenancy of the whole of the Demised Premises for the consideration and upon the terms and
conditions subject to the stipulations and covenants hereinafter set forth and contained.

WHEREBY IT IS AGREED as follows:-

1. The Landlord hereby grants and the Tenant hereby accepts a Tenancy of the whole of the
Demised Premises for the term stated in Part Five of the Schedule and with effect from the
day and year set out in Part Six of the Schedule and terminating on the day and the year
stipulated in Part Seven of the same at the rental and payable in the manner stipulated in
Part Eight of the Schedule (which said rental is hereinafter referred to as “the Reserved
Rent”).

2. The Tenant shall upon the execution of this Agreement and as security towards the due
observance compliance and performance of and with the Tenant’s covenants herein
contained deposit with the Landlord the sum stipulated in Part Nine of the Schedule
(hereinafter referred to as “the said Deposit”) which said Deposit shall after deducting there
from such monies as may be found to be owing or payable by the tenant by virtue of the
provisions herein contained be refunded to the Tenant or any renewal hereof. The said
deposit shall under no circumstances be used or applied by the tenant to offset any Reserved
Rent outstanding except with the consent in writing of the Landlord.

3. The Tenant hereby Covenants with the Landlord as follows:-

(a) To pay the Reserved Rent in accordance to Part 8 of the Schedule.

(b) To pay all water, electricity, indah water, gas, conservancy charge, telephone bills
and other outgoings whatsoever which are or may now or at anytime hereinafter
during the said term be imposed or charged upon or in respect of the Demised
Premises or any part thereof. The Tenant shall and produce a copy of the receipt for
the payment of water, electricity, indah water and other charges monthly to the
Landlord within thirty (30) days from the date of the bill issued.

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(b) To permit the Landlord and his servants or agents with or without workmen and
others at all reasonable times during working hours to enter and view the conditions
of the Demised Premises.

(d) To keep the Demised Premises and the interior thereof including the flooring and
interior plaster or other surface materials or rendering on walls and ceilings and the
Landlord’s fixtures thereon including doors, windows, glass shutters, locks
fastenings, electric wires installation and fittings for electricity supply and other
fixtures and additions and other goods therein including the items so set out are
hereinafter referred to as “the Inventory Items”) in good and tenantable repair and
condition (reasonable wear and tear and damage by fire, storm, tempest, Act of God,
riot and civil commotion excepted).

(e) To forthwith make good any replacements and or repairs as specified in a written
notice given by the Landlord to the Tenant. All necessary replacements and or
repairs is to be effected within the time stipulated in the said notice. The Landlord
may enter the Demised Premises to execute the necessary replacements and or
repairs and the cost thereof shall be a debt due from the Tenant to the Landlord
which shall forthwith be recoverable by any legal action and or by appropriate
deduction of the said deposit.

(f) Not to permit or suffer to be done in or upon the Demised Premises or any part
thereof anything which may be or become a nuisance or annoyance or cause damage
or inconvenience to the Landlord or to the Tenant, occupiers or leases of the
neighboring premises or for any illegal or immoral purpose. The Tenant shall not
allow illegal immigrants to occupy the said premises.

(g) Not to use the Demised Premises or any part thereof for any proposes other than for
the purposes specified in Part Ten of the Schedule.

(h) Not to do anything whereby any insurance policy or policies in respect of the said
Demised Premises against loss or damage by fire for the time being subsisting may
be rendered void or voidable, or whereby the rate or rates of premium therein may
be increase and to repay to the Landlords on demand the increase in premium of any
policy and policies rendered necessary by a breach or non-observance of this
covenants.

(i) Not to sublet, assign or part with the legal or actual possession of the Demised
Premises or any part thereof to any person or persons whomsoever or to any
corporation or corporations whatsoever unless the prior consent in writing of the
Landlord had first been and obtained.

(j) To notify the Landlords in writing immediately upon receipt of any notices which
may affect the Landlord or the Demised Premises or any part thereof.

(k) Upon the expiration or earlier termination of the Tenancy, the Tenant covenants to
peaceably and quietly yield up the Demised Premises and all fixtures and fittings
therein and all including all Inventory Items if any in such good order and conditions
as the same are now (except as aforesaid) in accordance with the covenants
hereinbefore contained.

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(l) To save harmless and keep indemnified the Landlord from and against all
proceedings, claims, damages expenses and costs on accounts of any act or omission
by the Tenant, their agents or servants of any breach or any covenants herein or as a
result of any illegal activities conduct in the said Demised Premises.

(m) At all times during the terms hereby created or any renewal hereof to comply with
all such requirements as may be imposed on the Tenant in respect of the Demised
Premises by any Act Ordinance rules by-laws, regulations, directives and notices
now or hereinafter to be in force.

(n) ensure that no pets and/or animals are kept or brought onto the Demised Premises or
the Building;

(o) The Tenant must use waste water disposal system to dispose all food and beverage to
prevent the greases and solids drift into sewerage pipe. In the event that the Tenant
fails to comply with the provisions, the Landlord reserves the right to levy a fine on
the Tenant for all maintenance expenses incurred and the tenant shall pay to the
Landlord within seven (7) days upon receipt of the notification from the Landlord,
failing which the Tenant shall be deemed to have breached the terms of this Tenancy
Agreement.

4. The Landlords hereby covenants with the Tenant as follows:-

(a) That during the Tenancy hereby created the Landlord will bear, pay and discharge all
present quit rent, city hall rates, taxes, assessments and outgoings imposed on and
payable in respect of the Demised Premises other than those hereinbefore agreed to
be paid by the Tenant.

(b) At all times throughout the term to keep the Demised Premises insured against loss
or damage by fire and against such other causes as the Landlords may deem
necessary with the reputable insurance company and to expend all moneys received
by virtue of such insurance in rebuilding and reinstating in so far as possible to its
predamaged state the Demised Premises or any part thereof so damaged or
destroyed. However, the Tenant shall keep their stock insured at their own cost
against any loss or damage by fire or other causes.

(c) in the event of the said premises or any part thereof being damaged or destroyed by
fire or other risks so as to render the said premises unfit for use or access thereto
impossible, then (except where such fire or other risks has been caused by the
default or negligence of the Tenant or its servant or agents) the Reserved Rent or a
fair proportion thereof according to the nature and extent of the damage sustained
shall be suspended until the said premises shall again be rendered fit for occupation
and use or until access thereto may be obtained PROVIDED that in the event of total
destruction of the said Premises the Tenant shall be entitled to summarily terminate
the tenancy. The Landlord shall not bound to re-build or reinstate the said Premises
unless it shall, in its absolute discretion, deem fit. If the Landlord shall decide not to
re-build or reinstate the said Premises this Tenancy shall be deemed to be termined
from the date of happening of the damage or destruction of the said Premises subject
to the payment (if any) or any apportioned amount of the Reserved Rent that may be
payable for the use of the said Premises from the date when the Tenant ceases to
occupy the undamaged portion of the said Premises.

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(d) Provided that the Tenant shall pay the Reserved Rent promptly as it falls due and
observe and perform his part of this agreement to permit the Tenant to enjoy the
Demised Premises without disturbance by the Landlords or those lawfully claiming
under the Landlords.

5. The Landlord and Tenant hereby Mutually Convenant as follows:-

5.1 Alteration and Renovation

5.1.1 The Tenant shall not carry out any renovation, alteration or extension work (after this
referred to as “The Renovation”) to any part of the said Premises which may involve the
removal, modification, pulling down and/or alteration of any wall within the said Premises
and common area without first having obtained a written consent of the Landlord/Joint
Management Body (JMB)/Management Corporation (MC) (hereinafter referred to as “the
relevant body”). In the event that the Tenant has obtained the written consent from the
relevant body to carry out The Renovation, the relevant body is entitled to impose such
conditions and guidelines for the proposed renovation, alteration or extension work (after
this referred to as “The Proposed Renovation”.) The Proposed Renovation shall not be
limited to the placement of Renovation Deposit of Ringgit Malaysia One Thousand
(RM1,000-00) only or such other sum as maybe stipulated by the relevant body. The
relevant body shall inspect the Demised Premises after the completion of The Renovation to
ensure that The Renovation is in compliance with the conditions and guidelines of The
Proposed Renovation impose by the relevant body. In the event the Renovation Deposit has
been utilized by the Landlord to pay for any cleaning, cleaning up, repairing and/or
replacing works caused by The Renovation, the Tenant hereby undertakes to pay the sum
equivalent to the difference between the Renovation Deposit and the balance of the actual
sum incurred by the relevant body within seven (7) days upon the expiry of the Renovation
Period as stated in the Annexure. The relevant body will refund the Renovation Deposit or
such available balance to the Tenant upon termination of this Tenancy Agreement without
interest less such sum(s) as may then be found due to the relevant body and/or Appropriate
Authority. The Renovation Deposit shall not be deemed to be payment of any other payment
that the Tenant may be required to pay under this Tenancy Agreement.

5.1.2 In the event that the Tenant fails to comply with the provisions of clause 5.1.1 hereof, the
relevant body reserves the right to enter the said Premises to restore into the original state
such wall or walls as shall have been removed, modified pulled down and/or altered by the
Tenant and such costs of restoration and solicitors costs shall be charged to, borne and paid
by the Tenant. In addition thereto, the relevant body reserves the right to levy a fine on the
Tenant a sum of not exceeding Ringgit Malaysia Fifty Thousand (RM50,000-00) to be
payable to the relevant body for non-compliance of the provisions of clause 5.1.1 hereof.

5.1.3 The Tenant hereby expressly undertakes that in the event of the Tenant deciding to carry out
renovation, alteration or extension work to the said Premises with the written consent of the
relevant body, the Tenant shall at his own cost and expense ensure that the Tenant’s
contractor or any person or company so engaged or entrusted by the Tenant as regards such
renovation, alteration or extension work will not in any manner:

5.1.3.1 damage or cause any damage to the road, drainage, sewerage, piping, cable, corridor,
walkway, common area or any other structures or items put up by the relevant body or
otherwise within the said Premises;

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5.1.3.2 store or keep any building materials and/or construction equipment within the said Premises
save and except within the said Premises or any area specifically agreed to by the relevant
body;

5.1.3.3 erect any workers’quarters or store within the said Premises;

5.1.3.4 block any road, driveways, back lane, passage way or path within the said Premises;

5.1.3.5 dump any waste or redundant materials within and outside the said Premises; and

5.1.3.6 cause any inconvenience or nuisance or disturbance to any of the Other Tenants or any
lawful occupiers.

5.2 Advertisement

The Tenant shall not allow, use, let and/or lease for purposes of Advertisement in the form
of Billboards, Signs, Banners or in any other form or any electrical, electronic or
telecommunication devices, receivers, transmitters or any other structure to be placed above,
the exterior in front or any part of the said Premises during the duration of this Tenancy as
such rights shall solely belong to the Landlord Joint Management Body (JMB)/Management
Corporation (MC).

5.3 Electrical points

The Tenant shall not upgrage the electrical supply and shall not add any extra electrical
point without the prior written approval of the relevant body, which approval shall not be
unreasonably withheld. All electrical points at the said Premises to be connected to the
electricity meter/main board serving the said Premises only.

5.4 Floor loading

Nothing shall be kept, reserved and retained in the said premises or Common Property
which may overload or impair the floors, walls or roof thereof.

5.5 No structural changes

No renovation involving structural changes to the said Premises are allowed.

5.6 Refuse disposal

Refuse shall be disposed of through the trash containers. Refuse must be secured in non-
porous polythene bags before being placed in trash containers. Combustible substances such
as paint and petroleum products shall not be placed om the trash containers. Heavy or bulky
objects, glass objects and all renovation refuse must be carried to own trash containers. All
fees in connection to garbage collection shall be borne and paid by the Tenant. In the event
that the Tenant. In the event that the Tenant fails to comply with the provisions, the relevant
body reserves the right to remove refuse and such costs incerred shall be charged to, borne
and paid by the Tenant.’

5.7 Obstruction to passageway

No furniture packages, signboards or objects of any kind or otherwise which obstruct transit
shall be placed, stored or maintained in any common corridor, hall, lobby, stairway,
walkway open terrace, ground or other part of the Common Property. The stairways are for

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general and/or public usage and shall not be construed as solely for the use and enjoyment
of the tenant only. However, the Tenant shall ensure that the walkway and green area is
maintained and kept tidy/clean by the Tenant at all times.

5.8 Right of Way

The Tenant shall at all times and for all purposes whatsoever connected with the use and
enjoyment of the said parcel or premises allow any person, notwithstanding that such person
is not his customer, invitee or otherwise, to pass and repass along over and upon all
open/outdoor terrace serving the said Development.

6. Notwithstanding any provisions to the contrary in this Agreement contained if the Tenant
shall:-

(a) Fail to pay the Reserved Rent or any part thereof within seven (7) days after the
same becomes due and payable (whether formally demanded or not); or

(b) Commit a breach or any term or covenant in this Agreement set forth and contained;
or

(c) Commit an act of bankruptcy or enter into any composition or agreement with his
creditors or being a company enter into liquidation whether compulsory or voluntary
other than for the purposes of reconstruction or amalgamation or suffer any
execution to be levied against him or his goods;

then and in any such case it shall be of no further effect and the said Deposit shall
immediately be forfeited to the Landlords but without prejudice to any other rights of the
Landlords against the Tenant to secure or recover further or additional damages or other
remedies in respect of any breach of the Tenant’s covenants herein contained.

7. Any notice required to be served hereunder shall be in writing and may be given by
registered post, courier, by hand or facsimile to the parties at the addresses hereinbefore
mentioned or to such other addresses as one party may notify the other in accordance with
the provisions herein.

(a) if sent by registered post shall be deemed to have received three (3) working days
after the day on which it was posted.

(b) if sent by courier shall be deemed to have been received on the next working day.

(c) if delivered by hand shall be deemed to have received upon acknowledgement of


receipt of the same.

(d) if sent by fax shall be deemed to have been received when transmitted provided that
the transmission slip indicates that the transmission has been transmitted.

Any change of address and/or facsimile number by either party shall be communicated to
the other in writing.

8. All costs charges and expenses incurred in respect of this agreement including stamp fees,
registration fees and the parties Solicitors' fee shall be borne by the Tenant.

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9. The parties hereto expressly covenants and agree with each other that in addition to the
terms and conditions herein appearing the Tenancy hereby is further subject to the Special
Conditions if any set out in the Annexure hereto.

10. Time wherever mentioned herein shall be of the essence of this contract.

11. The Annexure annexed and attached hereto shall form part of and be taken read and
construed as an essential and integral part of this Agreement.

12. In this Agreement where the context so admits the following expressions shall have the
following meanings, that is to stay:-

(a) Words importing the masculine gender only shall be deemed to include the feminine
and neuter genders;

(b) The singular shall include the plural and vice versa.

This Agreement shall be binding upon the heirs and personal representatives and the
successors in the title and permitted assigns of the parties hereto.

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