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AN AGREEMENT made this day of Two Thousand and Eight BETWEEN the Chief Executive on behalf of the Government of the Hong Kong Special Administrative Region care of the Government Property Agency, 31st Floor, Revenue Tower, No.5 Gloucester Road, Wanchai, Hong Kong (hereinafter called "the Landlord") of the one part and XXXX (hereinafter called "the Tenant") of the other part whose address is situated at No. 6 Lloyd Path, The Peak, Hong Kong (or registered address in case of a corporate tenant). WHEREBY IT IS AGREED AS FOLLOWS : 1. The Landlord lets and the Tenant takes All That premises situate at No. 6 Lloyd Path, The Peak, Hong Kong which comprises one building and a carport which are for identification purpose only shown coloured pink on the plan annexed hereto (hereinafter referred to as “the said Buildings”) and an open area which is for identification purpose only shown coloured blue on the plan annexed hereto (hereinafter referred to as “ the Open Area” ) (the said Buildings and the Open Area are hereinafter collectively referred to as “the said Premises”) for a term of TWO years commencing on the Day of ( hereinafter referred to as “Commencement Date” ) and expiring on the Day of determinable as hereinafter provided at the monthly rent of Hong Kong Dollars Only (HK$ ) (exclusive of rates and any other outgoings whatsoever) payable monthly in advance on the first day of each and every calendar month throughout the term of the tenancy hereby created. Notwithstanding the above, it is hereby agreed that no rent shall be payable for the period from______ to______ both days inclusive (hereinafter referred to as “the Rent-Free Period”) provided that the Tenant shall pay all outgoings including but not limited to rates, electricity, gas, water and any other utilities consumed in the said Premises during the Rent-Free Period.

AN AGREEMENT made this day of - 政府產業署. 6 Lloyd Path Tenancy Agreement... · throughout the term of the tenancy hereby created. ... declared that a certificate under the

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AN AGREEMENT made this day of

Two Thousand and Eight BETWEEN the Chief Executive on behalf of the Government of

the Hong Kong Special Administrative Region care of the Government Property Agency,

31st Floor, Revenue Tower, No.5 Gloucester Road, Wanchai, Hong Kong (hereinafter called

"the Landlord") of the one part and XXXX (hereinafter called "the Tenant") of the other part

whose address is situated at No. 6 Lloyd Path, The Peak, Hong Kong (or registered address

in case of a corporate tenant).

WHEREBY IT IS AGREED AS FOLLOWS :

1. The Landlord lets and the Tenant takes All That premises situate at No. 6 Lloyd

Path, The Peak, Hong Kong which comprises one building and a carport which

are for identification purpose only shown coloured pink on the plan annexed

hereto (hereinafter referred to as “the said Buildings”) and an open area which is

for identification purpose only shown coloured blue on the plan annexed hereto

(hereinafter referred to as “ the Open Area” ) (the said Buildings and the Open

Area are hereinafter collectively referred to as “the said Premises”) for a term of

TWO years commencing on the Day of ( hereinafter referred to as

“Commencement Date” ) and expiring on the Day of determinable as

hereinafter provided at the monthly rent of Hong Kong Dollars

Only (HK$ ) (exclusive of rates and any other outgoings whatsoever)

payable monthly in advance on the first day of each and every calendar month

throughout the term of the tenancy hereby created. Notwithstanding the above, it

is hereby agreed that no rent shall be payable for the period from______

to______ both days inclusive (hereinafter referred to as “the Rent-Free

Period”) provided that the Tenant shall pay all outgoings including but not

limited to rates, electricity, gas, water and any other utilities consumed in the said

Premises during the Rent-Free Period.

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2. THE TENANT HEREBY AGREES WITH THE LANDLORD as follows:-

(a) To pay the said rent on the days and in the manner as specified in Clause 1

above.

(b) (i) To make such arrangements for the supply of electricity, water, gas,

telephone and other utility services to the said Premises as the Tenant

shall require and to pay all charges in connection therewith.

(ii) To pay and discharge punctually all charges for electricity water gas

telephone rental and other outgoings consumed by the Tenant and

chargeable in respect of the said Premises and to pay all necessary

deposits required by the relevant utility companies for the same during

the term of the tenancy hereby created.

(c) To accept the said Premises in such state and condition as existing on the

date on which possession of the said Premises is given.

(d) To pay and discharge punctually all rates taxes assessments duties charges

impositions and outgoings whatsoever which are during the term of the

tenancy hereby created imposed or charged by the Government of the Hong

Kong Special Administrative Region (hereinafter referred to as “the

Government”) or other lawful authority on the said Premises or upon the

owner or occupier in respect thereof (Government Rent and Property Tax

excepted) and in the event that the said Premises have not yet been assessed

to rates, pay to the Landlord provisional rates on demand equivalent to 5%

of the rent hereby reserved, and pay to the Landlord or the relevant

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authority rates quarterly in advance upon assessment of rates by the Rating

and Valuation Department. Any over-payment or under-payment to the

Landlord by the Tenant resulting from the difference between the

provisional rates paid to the Landlord and the rates assessed by the Rating

and Valuation Department shall be repaid by the Landlord to the Tenant or

paid by the Tenant to the Landlord as the case may be, within 30 working

days, excluding Saturdays, Sundays and public holidays, upon notification

to the Landlord by the Rating and Valuation Department of the assessment

of rates having been made.

(e) To keep all the interior of the said Buildings and the Open Area (including

the driveway thereon), and the Landlord’s installations as set out in the

SCHEDULE hereto (hereinafter referred to as “the Installations”) and all of

the Landlord’s fixtures and fittings therein and thereon (which expression

shall include those fixtures affixed to the said Premises by the Landlord at

the commencement of or during the term of the tenancy hereby created)

including but not limited to all doors, windows, wardrobes, cabinets, gates,

railings, fences and electric wiring installations in good clean tenantable

substantial and proper repair and condition (fair wear and tear excepted) and

to maintain the same throughout the term of the tenancy at the expense of

the Tenant and to deliver up the same to the Landlord at the expiration or

sooner determination of the term in the like condition. The Tenant

particularly agrees to replace all broken or damaged wardrobes, cabinets,

gates, fences, doors and windows whether the same be broken or damaged

by the negligence of the Tenant or owing to circumstances beyond the

control of the Tenant.

(f) To take all reasonable precautions to protect the interior of the said

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Buildings from damage threatened by an approaching storm or typhoon.

(g) Not to remove any of the Installations provided by the Landlord or permit or

suffer the same to be removed from the said Premises except for the purpose

of necessary repairs or unless approval has been given by the Landlord in

writing and to deliver up the same to the Landlord at the expiration or

sooner determination of this Agreement.

(h) To be wholly responsible for any loss, damage or injury caused to the

Landlord or to any other person whomsoever directly or indirectly through

the defective or damaged condition of any part of the interior of the said

Buildings and the Open Area (including the driveway thereon) (including

but not limited to doors, windows, wardrobes, cabinets, split-type air-

conditioners, gates, railings, fences, CCTV surveillance system, infra-red

scan security system, automated main front gate, automated roller shutter of

the garage and electric wiring installations), the Landlord's fixtures therein

and the contents therein for which the Tenant is responsible hereunder and

to make good the same by payment or otherwise and to fully indemnify the

Landlord and its agent against all claims demands actions and legal

proceedings whatsoever made upon the Landlord and/or its agent by any

person in respect thereof and all costs and expenses incidental thereto.

(i) Not to make or permit to be made any alterations in or additions to the said

Premises or cut maim or injure or suffer to be cut maimed or injured any

walls or timbers thereof or any trees plants and shrubs in the said Premises

and the grounds adjoining thereto. The Tenant particularly agrees not to

carry out the following work without the prior approval of the Landlord :-

(i) painting or re-painting the interior or exterior woodwork of the said

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Premises (including the doors door frames skirting boards and window

boards); and

(ii) demolishing any existing buildings and erect any new buildings or

structures within the said Premises.

(j) (i) To permit the Landlord, its agents and all persons authorised by the

Landlord with or without workmen or others and with or without

appliances at all reasonable times to enter upon the said Premises for

the following purposes :-

(1) to view the condition and state of repair of the said Premises or

the slopes within Government land adjacent to or adjoining the

said Premises (hereinafter referred to as “the said Government

Slopes”);

(2) to take or verify inventories of the Landlord's fixtures in the said

Premises ; and

(3) to carry out all repairs or improvements to the said Premises

and/or the said Government Slopes which the Landlord and/or its

agent consider necessary or proper to be done.

(ii) The Landlord may give to the Tenant or leave upon the said Premises

notice in writing of all defects and wants of repair found in the said

Premises for which the Tenant is responsible and the Tenant shall

within fourteen days after delivery of every such notice well and

sufficiently repair and make good such defects and wants of repair

accordingly (such repair works shall only be carried out by a

contractor approved in writing by the Landlord or its agent).

(iii) In the event of the Tenant not complying with such notice the Landlord,

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its agents and all persons authorised by the Landlord with or without

workmen or others and with or without appliances may enter upon the

said Premises to remedy all or part of such defects or wants of repair

and the Tenant shall pay to the Landlord the costs of such work

incurred by the Landlord, and such costs if unpaid on the due date as

specified by the Landlord shall be a debt due from the Tenant to the

Landlord, and be forthwith recoverable by action (it being agreed and

declared that a certificate under the hand of the Landlord as to the

costs of any such works shall be final and conclusive and shall be

binding on the Tenant).

(k) (i) Save as provided in sub-clause (ii) below, not to assign, mortgage,

charge, demise, underlet, part with the possession of or otherwise

dispose of the said Premises or any part thereof or any interest therein

or enter into any agreement so to do and in the event of any such

mortgage, charge, demise, subletting, sharing, assigning or parting

with possession of the said Premises (whether for monetary

consideration or not) this Agreement shall at the discretion of the

Landlord absolutely determine and the Tenant shall forthwith

surrender the said Premises to the Landlord where-upon Clause 4(a)

hereof shall apply.

(ii) The Tenant may permit the Tenant's employee and his family and

servants to occupy the said Premises provided that the said Premises

shall only be occupied by such employee as one single family

residence and if such employee shall cease to be employed by the

Tenant for any reason whatsoever during this Agreement, the Tenant

shall be responsible to ensure that the said Premises shall thereupon be

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vacated by such employee, his family and servants forthwith.

(l) Not to do or permit or suffer anything to be done at any time in or upon the

said Premises or any part thereof which may be or become a nuisance or

annoyance to the owners, tenants or occupiers of any neighboring premises

or in anywise be against the laws or regulations of the Hong Kong Special

Administrative Region (hereinafter referred to as “Hong Kong”).

(m) Not to keep or store or cause or permit or suffer to be kept or stored any

arms ammunition unlawful goods gun powder saltpeter kerosene or other

explosive or combustible substance on or in any part of the said Premises or

do or cause to be done or suffer or permit any act deed matter or thing

whatsoever in contravention of the terms or conditions under which the said

Premises are held from the Government or of the relevant Deed of Mutual

Covenant (if any). The Tenant particularly agrees to indemnify the

Landlord against any breach non-observance or non-performance hereof.

(n) Not to use the said Premises or any part thereof for any illegal or immoral

purpose and the determination of the Landlord as to what constitutes illegal

or immoral purposes shall be final and binding on the Tenant.

(o) Not to use or permit or suffer the use of the said Premises or any part

thereof for any purpose other than private residential purposes (excluding

staff quarters unless the said Premises are to be occupied by the Tenant’s

employee as one single family residence).

(p) Not to produce or suffer or permit to be produced at anytime in the said

Premises any music or noise (including sound produced by broadcasting

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from television radio and any apparatus or instrument capable of producing

or reproducing music and sound) so as to constitute a nuisance or

annoyance or otherwise to give cause for reasonable complaint on the part

of the owners, occupants or tenants of any neighboring premises or

buildings.

(q) Not to do or cause or permit or suffer to be done anything which shall

increase the risk of the said Premises to fire explosion storm or tempest

and to indemnify the Landlord against such loss or damage which the

Landlord may have suffered as a result of the Tenant's act or default.

(r) Not to display affix or put up any signboard illuminated sign curtain

decorative blind screen or other thing whatsoever outside the said Buildings

and in and outside the Open Area or on any gate railing fence door wall

balcony or window. The Landlord shall have the right to remove at the cost

and expense of the Tenant any signboard illuminated sign curtain decorative

blind screen or other thing which shall be affixed displayed or put.

(s) At the expiration or sooner determination of this Agreement to deliver up to

the Landlord the said Premises including the Landlord's fixtures and the

Installations in a state of good repair and condition and to reinstate the said

Premises to its original condition (fair wear and tear excepted). The Tenant

acknowledges that the Tenant shall not be entitled to any extension or

renewal of this Agreement at its expiration save and except exercise of the

option to renew pursuant to Clause 4(s) hereinafter contained.

(t) In the event of the Tenant installing private air-conditioning units in the said

Premises with the prior written consent of the Landlord, to comply with the

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direction and instructions of the Landlord regarding the type of unit and

installation thereof and at the Tenant’s own expense be responsible for their

maintenance and repair in good and proper condition at all times and for

replacement of defective wiring and be strictly liable for any damage caused

directly or indirectly by the installation operation maintenance repair or

removal of such units and be responsible for full and sufficient reinstatement

of the said Premises at the expiration or sooner determination of this

Agreement to the Landlord's satisfaction unless directed otherwise by the

Landlord. The Tenant particularly agrees to make adequate provision to

ensure against the dripping of water condensation from such air-

conditioning units and to ensure that such condensation be collected and

discharged within the said Premises. Any damage to the fabric of the said

Premises resulting from a breach of this provision shall be made good at the

sole expense of the Tenant.

(u) Not to overload the electrical wiring, cables or apparatus associated

therewith in or serving the said Premises and to comply in all respects with

all requirements and regulations of the utility authorities or the Landlord

with respect to the utilities.

(v) Not to interfere with the trees growing on the said Premises or adjacent

thereto without the prior written consent of the Landlord and shall maintain

the garden, the landscape and any horticulture therein within the Open Area

at the Tenant’s own costs.

(w) To maintain the sewage facilities within the said Premises at his own costs

and shall be wholly responsible for cleansing or clearing any of the drains,

pipes or sanitary or plumbing apparatus within the said Premises choked or

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stopped up during the term of the tenancy hereby created owing to any

reason whatsoever.

(x) To obey and comply with and to indemnify the Landlord against the breach

of all ordinances, regulations, bye-laws, rules and requirements of any

governmental or other competent authority relating to the use and occupation

of the said Premises or any other act, deed, matter or thing done, permitted,

suffered or omitted therein or thereon by the Tenant or any employee, agent

or licensee of the Tenant.

(y) To be wholly responsible for security of the said Premises and any motor

vehicles parked or other things placed thereon and to indemnify the Landlord

against all loss, injury and damage resulting from any breach non-observance

or non-performance hereof.

3. THE LANDLORD AGREES WITH THE TENANT as follows :-

(a) To permit the Tenant on his duly paying the rent hereby reserved and

performing and observing the obligations on his part herein contained to

have quiet possession and enjoyment of the said Premises during the term of

the tenancy hereby created without any interruption by the Landlord or any

person lawfully claiming through or in trust for the Landlord until such time

as this Agreement is determined.

(b) To maintain and keep the main structure and exterior walls of the said

Buildings in proper and tenantable repair and condition PROVIDED that the

Landlord's liability hereunder shall not be deemed to have arisen unless and

until written notice of any want of repair of the same shall have been

previously given by the Tenant to the Landlord and the Landlord shall have

11

failed to take steps to repair the same after 14 days or such longer period of

time as may be found necessary by the Landlord and notify to the Tenant

And Provided Further that the Landlord shall not be required to repaint or

whitewash any internal or external part of the said Premises.

4. IT IS HEREBY AGREED BY AND BETWEEN THE LANDLORD AND THE

TENANT as follows :-

(a) That in case the rent hereby reserved or any part thereof shall be in arrears

and unpaid for fifteen days next after the same shall have become due

(whether the same shall have been formally demanded or not) or if there

shall be any breach, non-performance or non-observance of any of the terms

and conditions to be observed or performed by the Tenant herein contained

or if the Tenant shall become bankrupt or being a company shall enter into

liquidation or shall enter into any composition or arrangement with his

creditors or shall suffer any distress or execution to be levied upon any of

his goods or effects then and in any of the said cases, it shall be lawful for

the Landlord at any time thereafter to re-enter upon the said Premises or any

part thereof in the name of the whole and thereupon this Agreement shall

absolutely determine but without prejudice to any right of action of the

Landlord in respect of any antecedent breach, non-performance or non-

observance of the said terms and conditions and in the event of such re-entry

the rent already paid or any part thereof shall not be refunded and the

deposit paid hereunder shall be forfeited to the Landlord as and for

liquidated damages and not as penalty but without prejudice to the

Landlord's right to claim any further damages which the Landlord shall have

sustained or may sustain AND a written notice by the Landlord served on

the Tenant or left at the said Premises to the effect that the Landlord thereby

exercises the power of re-entry shall be a full and sufficient exercise of such

12

power without actual entry on the part of the Landlord.

(b) That for the purpose of these presents any act default or omission of the

agent servant licensee visitor guest or employee of the Tenant shall be

deemed to be the act default or omission of the Tenant.

(c) That the Tenant shall on or before the signing or execution of this

Agreement deposit with the Landlord the sum of HK$ by way of

deposit as security for the due payment of the rent and the due performance

and observance by the Tenant of all and singular the several agreements,

conditions, terms and stipulations herein reserved and contained. The

deposit shall remain deposited with the Landlord throughout the term of the

tenancy and shall upon the Tenant delivering up vacant possession of the

said Premises to the Landlord in accordance with the provisions herein

contained and upon the Tenant duly observing and performing the Tenant’s

obligations hereunder be refunded to the Tenant but without any interest

thereon within 30 working days, excluding Saturdays, Sundays and public

holidays, after the Tenant shall have duly delivered to the Landlord vacant

possession of the said Premises but if there shall be any arrears of rent or if

there shall be any outstanding utility or other charges in connection with the

enjoyment of the said Premises the Landlord may apply such deposit

towards payment of such arrears of rent or in settlement of such outstanding

utility or other charges and if there shall be any breach of the said

agreements or any of them the Landlord shall pay or apply the said deposit

or such part thereof towards remedying such breach (in so far as this may be

possible) and shall only pay the balance (if any) of the deposit to the Tenant

PROVIDED that nothing herein contained shall be so construed as

preventing the Landlord from recovering from the Tenant damages in

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respect of such default over and above the deposit PROVIDED FURTHER

that the payment of the deposit shall not be deemed or considered as a

payment of rent in advance or accordingly in any action for recovery of

possession for non-payment of rent or the rates, taxes, assessments, duties or

outgoings aforesaid the Tenant shall be deemed to be in default if the rent is

not paid in accordance with the terms and conditions herein contained.

(d) That the Tenant hereby expressly declares that he has paid no premium

construction fee key money or other sum of money of a similar nature to the

Landlord or other persons authorised by him for the possession of the said

Premises or for the granting of this Agreement.

(e) That in the event of the said Premises or any part thereof at any time being

damaged or destroyed by fire water storm wind typhoon defective

construction white-ants earthquake subsidence of the ground or any other

cause (not attributable to the act or default of the Tenant) so as to be rendered

unfit for use and occupation or being declared unfit for use and occupation or

becoming subject to a closure order or is inaccessible due to any cause

whatsoever then the rent hereby stipulated or a fair proportion thereof

according to the nature and extent of the damage sustained shall be suspended

until the said Premises shall be again rendered fit for occupation and use And

the Landlord shall pay to the Tenant the amount of any such abatement in so

far as the rent shall have been paid in advance provided the amount of such

abatement shall be such sum as shall either be agreed between the parties in

writing or in the event of failure by the parties to reach agreement by a single

arbitrator to be agreed between both parties or in default of agreement to be

appointed at the request of either party by the President for the time being of

The Hong Kong Institute of Surveyors, such arbitration to be conducted in

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accordance with the provisions of the Arbitration Ordinance Chapter 341 of

the Laws of Hong Kong or any statutory amendment modification or

enactment thereof for the time being in force AND provided always that the

Landlord shall be under no obligation to reinstate the said Premises if by

reason of the condition of the said Premises or any local regulations or other

circumstances beyond the control of the Landlord it is not practicable or

reasonable so to do and provided that if the said Premises is not reinstated by

the Landlord within three months of receiving a written notice to reinstate the

same from the Tenant or shall remain subject to the said closure order or

otherwise remain unfit or declared unfit for use and occupation for a period of

three months the Landlord or the Tenant may forthwith or within a reasonable

time thereafter terminate this Agreement by serving to the other of them

notice in writing and thereupon the same and everything herein contained

shall determine as from the date of the occurrence of such destruction or

damage or closure order or of the said Premises becoming inaccessible but

without prejudice to the Landlord's rights and remedies against the Tenant in

respect of arrears of rent and any antecedent breach of the terms and

conditions herein by the Tenant.

(f) That the Landlord shall not be under any liability to the Tenant or to any

other person whosoever in respect of any loss or damage to person or

property sustained by the Tenant or any such other person caused by or

through or in any way owing to the overflow of water or the escape of fumes

smoke fire or any other substance or thing from anywhere. The Tenant

shall fully and effectually indemnify the Landlord from and against all

claims and demands made against the Landlord by any person in respect of

any loss damage or injury caused by or through or in any way owing to the

overflow of water or the escape of fumes smoke fire or any other substance

15

or thing from the said Premises or to the negligence or default of the Tenant

his servants agents or licensees or to the defective or damaged condition of

the interior of the said Buildings and the Open Area (including the driveway

thereon) and the Landlord's fixtures the Installations or any fixtures or

fittings therein for the repair of which the Tenant is responsible hereunder

and against all costs and expenses incurred by the Landlord in respect of any

such claims or demands.

(g) That Part IV of the Landlord and Tenant (Consolidation) Ordinance Chapter

7 does not apply to this Agreement.

(h) That acceptance of rent by the Landlord shall not be deemed to operate as a

waiver by the Landlord of any right to proceed against the Tenant in respect

of any breach non-observance or non-performance by the Tenant of any of

the agreements stipulations and conditions herein contained and on the

Tenant's part to be observed and performed.

(i) That the rent payable in respect of the said Premises shall be and be deemed

to be in arrears if not paid in advance at the time and in manner hereinbefore

provided for payment thereof. All costs and expenses of and incidental to the

demand for rent or distraint shall be paid by the Tenant and be recoverable

from the Tenant as a debt. Interest at the rate of 2% above the best lending

rate quoted by The Hong Kong and Shanghai Banking Corporation Limited

from time to time shall be charged on the rent, rates and/or other moneys

unpaid from the date due for payment to the date of actual payment if the

whole or any part of the rent, rates and/or other moneys due under this

Agreement shall remain unpaid fifteen days after they have become due.

16

(j) That any notice under this Agreement shall be in writing and any notice to

the Tenant shall be deemed to be sufficiently served if sent by post or left

addressed to him on any part of the said Premises or sent by post or left at its

last known address in Hong Kong and in the case of a corporation forwarded

to it by post or left at its registered office and any notice to the Landlord

shall be sufficiently served if sent by registered post or left at the last known

address of the Government Property Agency.

(k) That each party shall bear their own solicitors' costs of and incidental to this

Agreement.

(l) That the Tenant shall pay the adjudication fee and 50% of the stamp duty (if

any) chargeable.

(m) That the Landlord and its agents accept no responsibility for any accident or

damage which may be caused to the Tenant or any occupier of the said

Premises or their servants agents visitors guests and licensees arising from

any defect or arising from accidents which take place in the said Buildings

and the Open Area (including the driveway thereon).

(n) That the Landlord may at any time stop the supply of water or electricity to

the said Premises or any part thereof or the use of telephone for the purpose

of repairing or maintaining any part of the said Premises as may be

reasonable in the interest of the Tenant and shall not be responsible to the

Tenant for any loss or injury occasioned by such stoppage as aforesaid.

(o) That in the event of fire typhoon or other contingencies or emergency which

in the opinion of the Landlord and/or its agents may cause or threaten to

17

cause damage to the said Premises, the Landlord and/or its agents shall have

the power in the absence of the Tenant to break open any outer door or

windows of the said Premises and to do such other things as may be

necessary to prevent the said Premises from being damaged and in such

event the Landlord and/or its agents shall not be answerable to the Tenant

for any loss or damage which the Tenant may sustain thereby.

(p) That it is hereby declared and agreed that at any time after the expiration of

twelve (12) calendar months from the Commencement Date, the Tenant

shall have the right to determine this Agreement subject to the following

conditions:-

(i) not less than three (3) calendar months’ prior written notice or payment

in lieu of such notice shall be given to the Landlord by the Tenant. For

the avoidance of doubt, such notice or payment in lieu of notice shall

not be given prior to the end of the first year of the term of the tenancy

hereby created; that is a minimum term of tenancy of fifteen (15)

calendar months is required before the term of the tenancy hereby

created may be terminated; and

(ii) at the time of giving such notice or making such payment in lieu of

notice, there shall be no rent due or owing and no existing breach or

non-observance of any of the covenants on the part of the Tenant herein

contained; and

(iii) such determination shall not prejudice the right of the Landlord in

respect of any antecedent breach on the part of the Tenant of any of the

terms herein contained.

(q) That the Tenant acknowledges that once the written notice pursuant to

Clause 4(p)(i) above has been served by the Tenant, the Tenant shall have

18

no right to renew the tenancy pursuant to Clause 4(s) below and no new

tenancy or renewal of tenancy agreement in respect of the said Premises will

be granted by the Landlord to the Tenant. The Tenant shall deliver vacant

possession of the said Premises to the Landlord in a state of good repair and

condition and to properly reinstate the said Premises to its original condition

(fair wear and tear excepted) upon the expiration of the said written notice.

The Tenant shall have no objection nor any claim for compensation

whatsoever arising from the Landlord’s refusal to grant or renew a tenancy

in respect of the said Premises.

(r) That the Landlord shall not be responsible for the upkeep and/or

replacement of electrical appliances provided in the said Premises. The

Tenant takes these appliances at his own risk.

(s) Subject to Clause 4(q) hereof, that the Landlord shall, on the written request

of the Tenant made not less than four (4) calendar months before the

expiration of the term of the tenancy hereby created and if there shall not at

the time of such request be any existing breach or non-observance or non-

performance of any of the covenants and conditions on the part of the

Tenant hereinbefore contained, grant to the Tenant a tenancy of the said

Premises for a further term of two (2) years from the expiration of the term

of the tenancy hereby created on the same covenants and conditions as are

therein contained save and except for the Rent-Free Period under Clause 1

hereof and without this option for renewal and this clause and at an open

market rent (hereinafter referred to as “the Market Rent”) to be mutually

agreed not less than one (1) calendar month before the expiration of the

term of the tenancy hereby created or failing agreement, to be determined

by arbitration at the expense of the Tenant by a single arbitrator to be

19

agreed between both parties or in default of agreement to be appointed at

the request of either party by the President for the time being of The Hong

Kong Institute of Surveyors, such arbitration to be conducted in accordance

with the provisions of the Arbitration Ordinance, Cap. 341 of the Laws of

Hong Kong or any statutory amendment modification or enactment thereof.

Until the Market Rent has been agreed or determined, the Tenant shall

continue to pay the said monthly rent as specified in Clause 1 hereof. On

agreement or determination of the Market Rent, the Tenant shall pay to the

Landlord or the Landlord shall pay to the Tenant as the case may be, the

difference between the rent which shall be payable if the Market Rent is so

agreed or determined before the expiration of the term of the tenancy

hereby created and the rent which has been paid. In the event of the

Market Rent so agreed or determined is higher than the rent as specified in

Clause 1 hereof, the deposit to be deposited with the Landlord in

accordance with the provisions of the agreement for the said further term of

two (2) years may be increased by the Landlord at the Landlord’s sole

discretion upon the Landlord giving to the Tenant notice to that effect. As

from the date being the effective date as stipulated in such notice such

increase shall take effect and in this connection, the Tenant shall pay to the

Landlord on or before the said effective date a sum equivalent to the

difference between the deposit previously deposited with the Landlord

under this Agreement and the deposit as so increased.

5. (a) Unless the context otherwise requires, words herein importing the

masculine gender shall include the feminine and neuter genders and words

herein importing the singular number shall include the plural number and

vice versa.

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(b) This Agreement shall in all aspects be governed by and construed in

accordance with the laws of Hong Kong.

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IN WITNESS WHEREOF the Chief Property Manager, Government Property Agency being

duly authorized by the Chief Executive so to do has set his hand hereto for and on behalf of

the Landlord and the Tenant has set his hand hereto the day and year first above written.

SIGNED By ) the Chief Property Manager, ) (Government Property Agency) ) for and on behalf of The Government) of The Hong Kong Special ) Administrative Region ) )

) )

in the presence of :- ) SIGNED By The Tenant ) ) ) ) ) ………………………………… ) ……………………………… Print Name Signature and Company Chop

Witnessed By:-

……………………………….. Signature

………………………………… Print name

RECEIVED the day and year first ) above written from the Tenant the ) sum of HONG KONG DOLLARS ) $ being the deposit money) above expressed to be paid by the ) ………………………………… Tenant to the Landlord ) Signature

)

) ……………………………… Print Name

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SCHEDULE The Installations: 1. Kitchen Gas cooker, oven, sink heater and exhaust-hood 2. Bedrooms Boilers 3. Garage Automated roller shutter 4. Others

CCTV surveillance system which includes 5 nos. of cameras installed within the said Premises and one no. of camera installed outside the said Premises at the position marked with an asterisk “* ” on the tenancy plan attached hereto

Infra-red scan security system Automated main front gate Split-type air-conditioners (9 nos.)

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Serial No:RAFXXXX

DOMESTIC PREMISES

Dated the

__________________________________________________________________

The Government of The Hong Kong

Special Administrative Region

and

XXXX

All That No. 6 Lloyd Path, The Peak, Hong Kong

Tenant : XXXX Term : Two (2) years (renewable for 2 years) Commencing : Expiring : Monthly Basic Rent : HK$

(exclusive of rates and any other outgoings whatsoever)

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