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TENANCY AGREEMENT
THIS TENANCY AGREEMENT made the day month and year as stated in
Section 1 of the First Schedule hereto between the party whose name and
description are stated in Section 2 of the First Schedule annexed hereto
(hereinafter refereed to as the Landlord which expression where the context
so admits shall include her heir, personal representatives, successors in title
and assigns) of the one part AND the party whose name and description are
stated in Section 3 of the First Schedule hereto (hereinafter refereed to as the
Tenant which expression where the context to admits shall include his heirs,
personal representatives, successors-in-title and permitted assigns) of the
other part.
WHEREAS
1)
The landlord is the beneficial and register owner of the property more
particularly refereed to and described in section 4 of the First Schedule
hereto (which said property is hereinafter refereed to as the Demised
Premises).
2)
1.
DEFINITIONS
In this Agreement unless there is something in the subject or context
inconsistent with such construction or unless it is otherwise expressly
provided: Month
specific
day in the relevant subsequent month or if there shall be
no such day then the period shall expire on the last day of
that month.
RM
Year
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Words importing masculine gender shall include the femine and neuter
genders
Words importing the singular shall include the plural number and vice
versa.
References to any statue or legislation include any statutory amendment
or re-enactment thereof.
All references to Clauses and Schedules are unless otherwise provided,
references to Clauses of and Schedules to this Agreement.
The headings of this Agreement are inserted for convenience only and
shall not define or limit the provisions hereof.
Where there are two or more persons included in the expressions the
Landlord and/or the Tenant all covenants agreements and stipulations
expressed to be made by the Landlord or the Tenant shall be deemed to
be made by such persons jointly and severally.
2.
TERM OF TENANCY
2.1
The Landlord agrees to let and the Tenant agrees to take the Demised
Premises for a term commencing from the date and terminating on the
date stated in Section 5 (a), (b) and (c) respectively of the First
Schedule hereto and subject to the term sand conditions hereinafter
provided.
2.2
(a)
(b)
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(ii)
(iii)
2.3
The rent for the Demised Premises stipulated in Section 6(a) of the First
Schedule hereto shall be due and payable in advance in the manner
and at the time stipulated in Section 6 (b) and (c) respectively of the
First Schedule hereto.
2.4
(a)
(b)
(c)
3.
TENANTS COVENANTS
The Tenant hereby covenants with the Landlord as follows: -
(a)
(b)
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Above the amount of the taxes levied and imposed at the date of
commencement of the term hereby created.
(c)
To pay the deposits and all charges due for the supply of
electricity, water and telephone to the Demised Premises and to
pay and discharge all charges, outgoings, refuse collections
conservancy and sewerage disposal in respect thereof to the
Demised Premises PROVIDED ALWAYS that if the Tenant shall
require electricity supply in excess of the supply arrangement as
provided for in the distribution fuse board or a revision of the
distribution fuse board as installed, the Tenant shall obtain the
prior approval in writing of the Landlord as well as the approval of
the Tenaga National Berhad for such increase or revision. The
Tenant shall be liable for any damage or loss suffered by the
Landlord arising from a breach thereof or any loss suffered by the
Landlord arising from the result of such overloading by the
Tenant.
(d)
(e)
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(f)
(g)
(h)
(i)
Upon the receipt of any notice, order, direction or other thing from
a competent authority affecting or likely to affect the Demised
Premises whether the same shall be served directly on the Tenant
or the original copy thereof be received from any person
whatsoever the Tenant will so far as such notice, order, direction
or other thing or the ordinance regulations or other instrument
under and by virtue or which it is issued or the provisions hereof
require of the Tenant to do so comply therewith at his own
expense and will forthwith deliver to the Landlord a copy of such
notice order or other thing.
(j)
To permit the Landlord and/or her agents two (2) calendar months
prior to the expiry of the term hereby created upon prior
appointment to bring prospective tenants to view the Demised
Premises for the purpose of letting the same.
(k)
(l)
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(m)
Not to use the Demised for any unlawful or immoral purpose and
not to do or permit to be done any act or thing which may become
a nuisance or give reasonable cause for complaint from any of
the neighbours of the Demised Premises or any other buildings
adjoining the Demised Premises but to use the Demised
Premises only for the purpose specified in section 9 of the First
Schedule hereto.
(n)
Not to use the Demised Premises or any part thereof for carrying
on any business which causes the accumulation of dirt, rubbish
or debris of any sort in or outside the Demised Premises or which
causes an unreasonable amount of noise or which in the opinion
of the Landlord is undesirable or unsuitable for the other tenants
of occupiers of the same building of the Demised Premises or any
other buildings adjoining the Demised Premises.
(o)
(p)
(q)
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4.
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(r)
(s)
(t)
LANDLORDS COVENANTS
The Landlord hereby covenants with the Tenant as follows: -
(a)
That the Tenant duly paying the rent hereby reserved observing
and performing the several covenants and stipulations herein on
his part contained shall peaceably hold and enjoy the Demised
Premises during the said term without any disturbances by the
Landlord or any person lawfully claiming under or in trust for the
Landlord.
(b)
At all times through the term hereby created to keep the Demised
Premises insured (excluding the Tenants fixtures, fittings,
furniture and stocks) against loss or damage by fire and to pay all
premiums incurred.
(c)
To pay all present and future assessment quit rent and rates and
other taxes due in respect of the Demised Premises.
(d)
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RENEWAL OF TENANCY
The Landlord will on the written request of the Tenant made two 92)
months before the expiration of the term hereby created grant to the
Tenant a further term as stipuated in Section 10 of the First Schedule
hereto at the expiration of the term hereby granted on such conditions
and at an agreed increased monthly rental of RM 5,500.00 but
containing the same covenants and provisions with the exception of this
clause for Renewal PROVIDED ALWAYS that the Tenant shall have paid
the rent hereby reserved and performed the stipulations and covenants
up to the determination of the term hereby created.
6.
DEFAULT
6.1)
The Landlord and the Tenant hereby expressly agree and declare that if
the rent hereby reserved or any part thereof shall at any time be unpaid
for seven (7) days after the same shall become due (whether formally or
legally demanded or not) or if the Tenant shall at any time fail or neglect
to perform and observe any of the covenants and conditions herein
contained and on his part to be performed and observed or if the Tenant
shall commit any act of bankruptcy or if the Tenant shall have a
receiving order made against him or shall make any assignment for the
benefit of his creditors by compositions or otherwise or suffer
arrangement with his creditors by compositions or otherwise or suffer
any distress or attachment or execution to be levied against his goods,
then and in any such case it shall be lawful for the Landlord at any time
thereafter to forfeit the said Deposit and the Landlord may at any time
thereafter re-enter upon the Demised Premises or any part thereof in the
name of the whole and thenceforth hold and enjoy the same as if this
tenancy had not been granted but without prejudice to any right of action
or remedy of the Landlord for any antecedent breach of covenant by the
Tenant and whenever this power of entry shall arise (whether the same
be exercised or not) the rent for the month current shall immediately
become payable.
6.2
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7.1)
7.2)
8.
NOTICE
Any notice requiring to be served hereunder shall be in writing and shall
be sufficiently served on the Tenant if forwarded to him by registered
post at the Demised Premises or his last known address herein given
and any notice to the Landlord shall be sufficiently served if sent by
registered post or delivered personally to her at the address herein
given. A notice sent by registered post shall be deemed to be given two
(2) business days from the date which it is sent.
9.
COST
The stamp duty and the incidental disbursements incurred in respect of
this Agreement shall be borne and paid by the Tenant absolutely. Legal
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10
TIME
Time wherever mentioned shall be of the essence of this Agreement.
11.
EXPRESS CONDITIONS
IT is hereby expressly agreed between the landlord and the Tenant that
the Demised Premises shall in addition to the term and conditions herein
be subject to the special express conditions if any set out in Section 11
of the First Schedule hereto and in the event of any conflict,
discrepancies or variance the special express conditions set out in the
First Schedule shall prevail.
12.
MISCELLANEOUS
12.1
The Landlord shall not be responsible to the Tenant, the Tenants family
members, guests, employees, agents or any other persons on the
Demised Premises for any accidents or injury or death suffered or
damaged or loss of personal effects in or about the Demised Premises
during the term of this tenancy.
12.2
12.3
13.
SUCCESSORS BOUND
13.1
In WITNESS WHEREOF the parties hereto have hereunto set their hands the
day and year first above written.
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11
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12
Section
Item
Particulars
1.
2.
3.
4.
5.
(a) Term
Months
(b) Commencing
1 4 2008
(c) Terminating
31 12 -2009
Item
Particulars
Tenancy Agreement
6.
Page
13
(a)
Annual rental
Ringgit
Malaysia
Twenty
Eight
Thousand Eight Hundred (RM 28,800
only)
(b)
Payable by
(c)
Monthly Payment
7.
Rental Deposit
8.
Utilities Deposits:
a) Electricity
b) Water
9.
10.
Option to renew
11.
Special Conditions