TENANCY AGREEMENT BETWEEN COUGAR LOGISTICS (M) SDN BHD AND SUMISO (M) SDN BHD DATED 1st SEPTEMBER 2001 TENANCY AGREEMENT THIS AGREEMENT is made on the 1st date of September 2001 BETWEEN COUGAR LOGISTICS (M) SDN BHD (Company No. 211819K), Lot 16, Lebuh Sultan Muhammad 1, Kawasan Perusahaan Bandar Sultan Suleiman, 42000 Port Klang, Selangor Darul Ehsan (the “Landlord”) of the one part and SUMISO (M) SDN BHD (Company No. 175561-H), B610, 6th floor, East Wing, Wisma Tractors, No. 7, Jalan SS 16/1, Subang Jaya, 47500 Petaling Jaya, Selangor Darul Ehsan (the “Tenant”) of the other part.
WHEREAS IT IS AGREED as follows:- 1. The Landlord is engaged in the business of operating a Public Bonded Warehouse at Lot 16, Lebuh Sultan Muhammad 1, Kawasan Perusahaan Bandar Sultan Suleiman, 42000 Port Klang, Selangor Darul Ehsan (the “Bonded Warehouse”). 2. The Landlord lets the Tenant takes a tenancy of the following designated area of the Bonded Warehouse more particularly delineated and colored green in the layout plan annexed hereto and marked as “ANNEXTURE” (the “Demised Premises”). (1) AG1 to AG 21, BG1 to BG23, CG1 to CG23 and DG1 to DG23 measuring in area approximately 5,393. 5 sq meters (the “Tenant Bonded Warehouse”) at a monthly rental of RM53, 932. 50 –(Ringgit Malaysia Fifty Three Thousand Nine Hundred Thirty Two and Fifty cent only): and (2) A portion of the office measuring in area approximately 110. 02 sq meters (the “Tenant Office”) at a monthly rental of RM1,400/- (Ringgit Malaysia One Thousand Four Hundred only) Payable on or before 5th of each and every succeeded month commencing on the 1st day of September 2001 to 31st day of August 2002 subject to the terms and condition hereinafter contained. 3. The tenant hereby covenants with the Landlord as follows:- a) To pay the rent reserved on the days aforesaid. (b) To implement and observe the Landlord official working hours on the Demised Premises provided below:- The Tenant Bonded Warehouse Monday to Friday 8. 00 am to 4. 30 pm Lunch Break Monday to Thursday1. 00 pm to 2. 00 pm Friday12. 15 pm to 2. 45 pm Saturday8. 00 am to 12. 50 am As and when Tenant desires to operate beyond the Landlord office working hours aforesaid (“Overtime”), the Tenant may seek written approval from the Landlord subject to the following conditions:- (i) All applications for overtime work must reach the Landlord until 2. 0 pm on that day to give sufficient time to enable the Landlord to make a similar application with the Custom Department; and (ii) Approval from Custom (“Approval”). In the event Approval is rejected due to reason beyond the Landlord control, the Tenant agrees and undertakes to hold the Landlord harmless. The tenant further agrees and undertakes to reimburse the Landlord and the Custom Department for due cost incurred on the Overtime work including staff overtime cost. The Tenant Office (Reference Only) Monday to Friday8. 30 am to 5. 30 pm Lunch Break Monday to Thursday1. 0 pm to 2. 00 pm Friday12. 30 pm to 2. 30 pm Saturday8. 30 am to 12. 30 pm (c) To enforce the security management plan (Appendix A) and a relevant set of safely rules among the Tenant staff, and to observe all the security and safety measures enforced by the Landlord. (d) To take all necessary fire protection measures in the Demised Premises and to restrict smoking except the Tenant’s Office only. (e) To arrange insurance coverage for all its staff stationed at the Demised Premises and insurance coverage for goods of all description and fixed assets owned by the Tenant. f) To pay electricity charges that is consumed for buttery forklift in the Demised Premises. A copy of the respective bill paid to the authorities shall be forwarded to the Landlord. (g) To keep at the Tenant’s own expense the interior and exterior of the Demised Premises (the main structure fair wear and tear excepted unless the damaged to the same is caused by the act of negligence of the Tenant’s servants or agents and the all persons authorized by them to enter into and/or to use the Demised Premises) including the interior and exterior or ther surface materials or rendering an walls and ceilings, and the Landlord’s fixtures therein including doors, windows, grass, shutters, locks, fasting, electric wiring and all other fixtures and any additions thereto and any water closets, lavatories and conveniences in upon and belonging to the Demised Premises in good order and clean condition and to replace or repair any part of the Demised Premises and Landlord’s fixtures therein which shall be broken or damaged due to malicious negligent or careless acts or omissions of the Tenant and further that if any damage is caused to the Landlord or to any person whomever 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 Landlord’s fixtures) the Tenant shall be wholly responsible therefore and shall fully indemnify the Landlord against all claims, demands, actions and proceedings whatsoever made upon the Landlord by any person in respect thereof. h) To permit the Landlord and his agents with or without workmen and others and with or without appliances at all responsible times and with prior appointments to enter upon and examine the state and condition of the Demised Premises and to do such works and things as may be required for any repairs to the Demised Premises and to do such works and things as may be required for any repairs to the Demised Premises due to the caused by the Tenant excluding normal wear and tear or any part of parts of the said building and thereupon the Landlord may serve upon notice to the Tenant in writing specifying any repairs necessary to be done and require the Tenant forthwith to execute the same and if the Tenant shall not within one (1) month after the service of such notice proceed diligently with the execution of such repairs then to permit the Landlord to enter upon the Demised Premises and execute such repairs and the cots thereof shall be debt due from the Tenant to the Landlord and be forthwith recoverable from the Tenant, without prejudice to the right and remedies of the Landlord. i) Not to make any additions to or alterations in the Demised premises or any part thereof without the previous written consent of the Landlord, save that it is hereby agreed that the Tenant may as its own expense and in connection with its business display and maintain the name of the Tenant or of its permitted assign or sub-tenant and affix paint or otherwise exhibit all such signboard advertisement and placard on the interior or exterior of the Demised Premises as the tenant sees fit, but without involving structural alterations or additions of the Demised Premises, the Landlord recognizing that such signboard advertisement and placard are essentials to ensure that success of Tenant’s business to be carried on in the Demised Premises.
The tenant shall however obtain the approval of the Majlis Perbandaran Klang and comply with all statues, rules, bylaws or regulations applicable to such alterations and additions and all such signboard advertisement and placard that are altered and added with the Landlord’s consent and all such signboard advertisement and placard as aforesaid shall be paid at the Tenant’s own expense and upon determination of them hereby created and if requested by the Landlord, the Tenant shall restore the Demised Premises to its original state and condition at the Tenant’s expenses (fair wear and tear excepted). (j) To use and occupy the Demised Premises solely and exclusively for the storage of lawful goods. (k) Not use or permit the Demised Premises or any part thereof to be used in such manner so as to constitute a nuisance or annoyance to or in any way unnecessarily interfere with the quiet occupation and comfort of the nature of the business to be carried on in the Demised Premises. l) Not to assign, underlet or part with the actual or legal possession or the use of the Demised Premises or any part thereof for any term whatsoever without the previous written consent of the Landlord. (m) Not to do or permit or suffer to be done anything whereby any policy of insurance on the Demised Premises or the said building against loss or damage by fire for the time being subsisting may become void and avoidable or whereby the rate of premium thereon may be increased and to repay to Landlord o demand all sums paid by way of increased premium and all expenses incurred by the Landlord in or about any renewal of any such policy rendered ecessary by breach or non-observance of this covenant and also any additional sum which the Landlord shall be obligated to pay by way of increased premium in excess of the normal premium in rendering the Demised Premises insured against fire as a result of the nature of the business carried on or the nature of goods stored by the Tenant in the Demised Premises. (n) To comply with all laws, bylaws, rules and regulations affecting a tenant or occupier of the Demised Premises which are now in force of which may hereafter be enacted. (o) Not to hold or permit or suffer to take place any auction in the Demised Premises or in the compound of the Demised Premises. (p) Upon the expiration or sooner determination of this tenancy to peaceably and quietly yield up the Demised Premises to the Landlord Together with the Landlord’s fixtures thereto (except tenant’s fixture) in tenantable repair and clean condition in accordance with the Tenant’s covenants herein contained. 4.
The Landlords hereby covenants with the tenant as follows:- (a) To pay all quite rent, assessment, rates, taxes and outgoings other than those hereinbefore agreed to be paid by the Tenant. (b) That the Tenant paying the rent hereby reserved and performing and observing the several covenants and stipulations on the Tenant’s part herein contained shall peaceably hold and enjoy the Demised Premises without any unlawful interruption by the Landlord or any person claiming under or in trust for the Landlord. (c) To ensure and keep insured the Demised Premised and staff related to the Tenant from loss or damage by fire. 5. PROVIDED ALWAYS and it is hereby mutually agreed as follows:- a) If the rent hereby reserved or any part thereof or any other charges or payments herein covenanted to be paid by the Tenant shall be in arrears and unpaid for one (1) month after the same shall have become payable (whether formally demanded or not) or if any covenant on the tenant’s part herein contained shall not be performed or observed or if the Tenant shall wind up (except for reconstruction or amalgamation) or shall enter into any composition with its creditors or suffer any distress or attachment or execution to be levied against its goods and in any of such cases it shall be lawful for the Landlord at any time thereafter to serve a written notice upon the tenants pursuant to Section 235 of the national land Code 1965, or any enactment of laws or regulation in force, requiring the Tenant to remedy the breach or the subject matter of the said notice and it is hereby mutually agreed that a reasonable time within to remedy the breach complained of is twenty-one (21) days except in the case of non-payment of rent when seven (7) days shall be deemed to be a reasonable time an upon the expiration of the period specified in the said notice without the breach complained of having been remedied the Landlord shall be at liberty to re-enter upon the Demised Premises or any part thereof in the name of the whole and thereupon this Agreement shall absolutely determine but without prejudice to the right action of the Landlord in respect of antecedent breach of covenant on the part of the tenant herein contained. b) At the expiration of the Tenancy hereby created and where the Tenant has duly observed the terms and conditions herein contained the Tenant shall have the first option to renew the tenancy by giving to the Landlord a notice in writing three (3) months prior to the expiry of the terms hereby created of his intention to do so and upon receipt of such the Landlord shall grant to the Tenant a tenancy of the Demised Premises for a further term of one (1) year from the 1st day of September 2002 on the terms and conditions to be mutually agreed upon by the parties. (c) The cost of and incidental to the preparation and completion of this Agreement including stamp duties and solicitors costs shall be borne by the Tenant. The parties hereto have hereunto set their hands the day and year first above written. For and behalf of COUGAR LOGISTICS (M) SDN BHD Who hereby warrant that he/she is Duty authorized to execute this Agreement Signature: Name: NRIC/Passport No. : Capacity of Signatory: Date: Accepted for and on behalf of SUMISO (M) SDN BHD Who hereby warrant that he/she is Duty authorized to execute this Agreement Signature: Name: NRIC/Passport No. :
Capacity of Signatory: Date: APPENDIX – A Security Management on Warehouse 1 Name Tag a) All staff of Tenant, Cougar and visitor are required to wear the name tag when entering warehouse. b) The name tag including visitor pass will be issued by each company which will be used in warehouse only. c) Visitor pass will be controlled by each company. d) Case of Cougar, visitor pass will be controlled by warehouse manager or guard staff. 2 Normal Working Hour a) Guard staff have to check the name tag or visitor pass before anyone enters warehouse. 3 Measure for Overtime Work a) All shutters at loading bay will be closed except unstuffing and stuffing. ) In case of Sumiso only, it is comply with above item 2-a). c) In case of Cougar and/or other Tenants only, i) Guard staffs have to monitor their work at outside of boundary fence. ii) When the staffs return to office due to the reason of beak time, toilet and others, guard staffs have to attend these activities. iii) Guard staffs have to lock up the door where boundary fence and entrance when work is done. 4 Landlord’s Responsibilty a) Landlord has responsibility for activities of guard staff. b) Guard staff has responsibility of lock up the all doors and shutters. c) Guard staff has responsibilities of submitting the daily report to Tenant through warehouse manager. ) If the cargo missing, the Landlord should discuss with the Tenant and take due responsibility in accordance with the situation. 5 Tenant’s Responsibility a) Tenants must comply with instruction of Cougar guard staff and warehouse manager. b) Tenants have responsibility or own accident, which fire property damage, cargo damage and others. c) Tenants must submit the overtime request until 2. 30 p. m on the same day, or inform to warehouse manager before 5. 00 p. m when it is urgent case. d) Tenants are not allowed to enter warehouse without the overtime reuest after normal working hour. e) Tenants are not allowed to enter warehouse without the name tag.