Tenancy Agreement

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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)

The Landlord is desirous of granting and the Tenant is desirous of

accepting a tenancy of the Demised Premises subject to the terms and
conditions hereinafter contained.
NOW IT IS HEREBY AGREED as follows: -

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

A period calculated from any specific day up to and

including the day numerically corresponding to that

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

The lawful currency for the time being of Malaysia

Year

A period of three hundred and sixty five (365) days.

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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)

Upon the execution of this Agreement and prior to the occupation

of the demised Premises the Tenant shall pay to the Landlord the
sum stipulated in Section 7 of the First Schedule hereto
(hereinafter refereed to as the said Deposit) as security for the
due observance and performance by the Tenant of the
stipulations terms and conditions as herein reserved and
contained.

(b)

The said Deposit as stipulated in Section 7 of the First Schedule

hereto shall be: (i)

maintained and shall not be taken to be or treated or

set-off as payments towards rental and upon the
termination of this tenancy the said Deposit shall be
refunded to the Tenant free of interest less much sum or
sums then due to the Landlord as hereinafter provided in
the event the Tenant shall have duly performed and/or
observed all his covenants herein contained;

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(ii)

retained by the Landlord who shall be entitled to

retain the whole or such part of the said Deposit as may be
necessary to remedy the breach and refund the balance if
any to the Tenant in the vent of default on the part of the
Tenant in the observance and performance of any of the
covenants herein contained.

(iii)

recoverable from the Tenant as a debt due to the Landlord

and in the event that the said Deposit shall be insufficient
to remedy any breach or damage any deficient amount
shall be paid by the Tenant to the Landlord.

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)

Upon the execution of this Agreement and prior to the occupation

of the Demised Premises and during the term hereby created the
Tenant shall pay to the Landlord the current electricity, water
supply and telephone communication deposits stipulated in
Section 8 of the First Schedule hereto (hereinafter refereed to
collectively as the Utilities Deposits) or any increase thereof
required by the Tenaga National Berhad, Jabatan Kerja Raya and
Jabatan Bekalan Air respectively.

(b)

The Utilities Deposits or any increase thereof shall be repaid free

of interest to the Tenant upon the determination of the term
hereby created less such sums as may be due and outstanding

(c)

For the purpose of determining the current deposit or any

increased thereof payable, it is hereby agreed that a photocopy
of the requisite receipt notice or other written communication from
the relevant department shall be conclusive.

3.

TENANTS COVENANTS
The Tenant hereby covenants with the Landlord as follows: -

(a)

To pay the reserved rent on the days and in the manner

aforesaid;

(b)

To pay any increase in quit rent, municipal or other rates, taxes,

assessments or property tax or other impositions of a like nature
by whatever name called including quit rent (hereinafter
collectively referred to as the Taxes) levied and imposed upon
or in respect of or attributable to the Demised Premises over and

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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)

To keep the interior of the Demised Premises, the flooring and

interior plaster or other surface material or rendering on walls and
ceilings, and the Landlords fixtures thereon including doors,
windows, glass, shutters, locks, fastenings, electric wire,
installations and fittings for light and power and other fixtures and
additions thereto in good and tenantable repair and clean
condition and to replace or to repair any of the Demised Premises
and the Landlords fixtures and fittings therein which shall be
broken or damaged due to malicious negligence or careless acts
or omissions of the Tenant and further that if any damage is
caused to the Landlord or to any person whomsoever directly or
indirectly through the said damaged condition of any part of the
interior of the Demised Premises (including flooring, walls,
ceilings, doors, windows and other Landlords fixtures) the Tenant
shall be wholly responsible therefore and shall fully indemnify the
Landlord against all claims, demands, actions and legal
proceedings whatsoever made against the Landlord by any
person in respect thereof.

(e)

To permit the Landlord and/or her agents with or without workmen

and others and with or without appliances at all reasonable times
to enter upon the Demised Premises and to view the condition
thereof and to do such works and things as may be required for
any repairs alterations or improvements to the Demised Premises
and forthwith to repair and amend in a proper and workmanlike
manner any defeats for which the Tenant is liable and of which
written notice shall be given to the Tenant or left on the Demised
Premises and to pay the Landlords surveyors fees on actual
defects caused by the Tenant.

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(f)

If any additions or alterations are made to the Demised Premises

with the written consent of the Landlord the Tenant shall at his
own cost reinstate the Demised Premises to its original condition
at expiration of this tenancy if so requested by the Landlord but if
no such request is made the Tenant shall not remove any
alterations or additions made to the Demised Premises and shall
not be entitled to any payment from the Landlord.

(g)

To use and occupy the Demised Premises for the purpose

specified in Section 9 of the First Schedule hereto.

(h)

To indemnify and keep indemnified the Landlord against

summons, actions, proceedings, claims and demands costs
damages and expenses which may be levied brought or made
against the Landlord or which the Landlord may pay sustain or
incur by reason of any act or omission or use of the Demised
Premises by the Tenant, his servants, agents, licensees or
invitees.

(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)

At all times throughout the term hereby created to keep the

Tenants own articles and goods stored in the Demised Premises
insured against loss or damage by fire and to pay all premium
incurred.

(l)

Not to store or bring upon the Demised premises arms,

ammunition or unlawful goods, gunpowder, saltpetre, kerosene or
any explosive or combustible substance in any part of the
Demised Premises and not to place or leave in the entrances or
stairways, passages or corridors of the Demised Premises any
boxes or rubbish or otherwise encumber the same and to keep
the Demised Premises in a clean conditions.

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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)

Not to assign, underlet or part with the actual or legal possession

of the Demised Premises or nay part thereof for any term
whatsoever without the previous consent obtained in writing from
the Landlord upon each and every occasion of the Tenants
desire so to assign underlet or part with the possession of the
Demised Premises or any part thereof PROVIDED ALWAYS that
in the event of the Tenant assigning, underletting or parting with
the actual or legal possession or use of the Demised Premises or
any part thereof in contravention of the provisions of this Clause
then the Landlord may without prejudice to their rights under this
tenancy collect from any assignee, underlessee, subtenant or
other person in possession of the Demised Premises or nay part
thereof all rent and other moneys as aforesaid and shall not be
deemed to be an acceptance by the Landlord of any such person
or persons as assignees, underlessee, subtenant or occupiers of
the Demised Premises or any part thereof.

(p)

Not to do or permit to be done on the Demised Premises anything

which will or may infringe any of the laws, by-laws or regulations
made by the government, the local town board or any competent
authority affecting the Demised Premises.

(q)

Not to do or permit or suffer to be done anything whereby the

policy or policies of insurance on the Demised Premises against
loss or damage by fire for the time being subsisting may become
void or voidable or whereby the rate of premium thereon may be
increased and to make good all damages suffered by the
Landlord and to repay to the Landlord all sums paid by the
Landlord by way of increased premiums and all expenses
incurred by the Landlord in or about any renewal of such policy or
policies rendered necessary by a breach or non-observance of
this covenant.

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(r)

Not to affix erect attach or exhibit or permit or suffer so to be done

upon any part of the exterior of the Demised Premises or through
any windows thereof any placard, poster, notice, advertisement,
name or sign whatsoever without the prior written consent of the
Landlord.

(s)

Not to make or permit to be made any alterations in or additions

to the Demised Premises or the Landlords fixtures, fittings and
decorations therein without having first obtained the written
licence and consent of the Landlord therefore and in the event of
such licence and consent being given to carry out at the Tenants
own expense such alterations with such materials and in such
manner and at such times as shall be designated by the Landlord
and upon the determination of the term hereby created, if
required by the landlord to restore the Demised Premises to its
original state and conditions at the expense of the Tenant.

(t)

At the expiration of this tenancy to peaceably surrender and yield

up to the Landlord the Demised Premises with the fixtures thereto
(other than such Tenants fixtures as shall belong to the Tenant
subject to the provisions of Clause 3 9f) aforesaid) in good and
substantial repair and condition and to clear up any rubbish and
to peaceably and quietly deliver up to the Landlord vacant
possession of the Demised Premises in good, clean and proper
state of tenantable repair and condition in accordance with the
foregoing covenants.

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)

To refund the said Deposit free from interest to be Tenant on the

date when the Tenant yields up vacant possession of the

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Demised Premises to the Landlord in good and substantial repair

and condition and in accordance with the covenants herein
contained, PROVIDED ALWAYS that the Landlord shall be at
liberty to deduct therefrom such sum or sums as may be required
to cover all arrears of rent or water and electricity and telephone
bills (if any) and the cost of carrying out any repair that should
have been undertaken by the Tenant
5.

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

It is hereby mutually agreed and confirmed by the Landlord and the

Tenant that nothing contained shall give either party the right of
determining this Agreement before the expiry of the term hereby created
save and except as otherwise herein provided in Clause 6.1 aforesaid or

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elsewhere in this Agreement and notwithstanding any unilateral

determination on the part of the Tenant he shall remain liable for the rent
in full for the remaining months of the unexpired term which together
with any arrears and other sums payable by the Tenant shall be
recoverable as a debt due to the Landlord by the Tenant.
7.

DAMAGE TO DEMISED PREMISES

7.1)

If the Demised Premises or any part thereof shall be destroyed or

damaged by fire (except where such fire has been caused by the fault or
negligence of the Tenant) or in any way rendered unfit for use or
occupation or so be unfit for use for a period greater than one (1) month,
then the rent hereby covenanted to be paid or a fair proportion thereof
according to the nature and extent of the damage sustained shall be
suspended until the Demised Premises again be rendered fit for
habitation and use and if the Demised Premises or any part thereof is
not rendered fit for occupation or use within two (2) months the Tenant
may determine the tenancy by giving one (1) months notice in writing to
the Landlord but without prejudice to the rights and remedies of either
party against the other in respect of any antecedent claim or breach of
covenant PROVIDED THAT nothing in this Clause shall render it
obligatory on the Landlord to restore, reinstate or rebuild the Demised
Premises or any part thereof if the Landlord in its absolute discretion
does not desire to do so in which event the Landlord shall be entitled to
terminate this tenancy by two (2) months notice in writing to the Tenant
and upon such termination neither party shall have any claims against
the other save and except in respect of any antecedent claim or breach
of covenant.

7.2)

In the event of the determination of the tenancy as aforesaid the said

Deposit only less such monies as may be found to be owing or payable
by the Tenant to the Landlord by virtue of the provisions herein
contained shall forthwith be refunded free of interest by the Landlord to
the Tenant.

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

fees for the preparation of this Agreement shall be borne equally

between the parties.
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

Any indulgence given by the Landlord shall not constitute a waiver of or

prejudice the Landlords rights herein contained.

12.3

Each of the provisions of this Agreement is severable and distinct from

the others and if at any time or more of such provision is or becomes
invalid illegal or unenforceable, the validity legality of enforceability of
the remaining provisions hereof shall not in any way be affected or
impaired thereby.

13.

SUCCESSORS BOUND

13.1

This agreement shall be binding upon the heirs, assigns, personal

representatives or successors-in-title of the parties hereto.

In WITNESS WHEREOF the parties hereto have hereunto set their hands the
day and year first above written.

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Signed by for and on behalf of the

Landlord in the presence of : -

Signed by for and on behalf of the

the Tenant in the presence of : -

)
)
)

)
)
)

FIRST SCHEDULE (1/2)

(To be taken read and construed as an essential part of this Agreement)

11

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12

Section

Item

Particulars

1.

The day and year of this

Agreement

2.

Name and description of

the Landlord

CHIA MOK WENG & SONS REALTY

SDN BHD (Company No 14435-T)
of No 4 Jalan Midah 9, Taman Midah,
Cheras, 56000 Kuala Lumpur

3.

Name and description of

the Tenant

TANAN MERAH ENTERPRISE S/B

of 42 Jalan Lazat Dua
Happy Garden
Kuala Lumpur

4.

Description of the Demised

Premise

Ground Floor of two storey shop

house

5.

(a) Term

Months

(b) Commencing

1 4 2008

(c) Terminating

31 12 -2009

FIRST SCHEDULE (2/2)

(To be taken read and construed as an essential part of this Agreement)
Section

Item

Particulars

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(a)

Annual rental

Ringgit
Malaysia
Twenty
Eight
Thousand Eight Hundred (RM 28,800
only)

(b)

Payable by

Monthly payment of Ringgit Malaysia

Two Thousand Four Hundred (RM
2,400) only

(c)

Monthly Payment

Due and payable on the 1st day of

each and every month

7.

Rental Deposit

8.

Utilities Deposits:

Ringgit Malaysia Four thousand eight

hundred (RM 4,800.00) only

a) Electricity
b) Water

9.

Use of the Demised

Premise

For legitimate business only

10.

Option to renew

One (1) year at prevailing market rate.

11.

Special Conditions