Sublease Agreement
Sublease Agreement
Sublease Agreement
Between
NA Global Production
(Landlord)
And
26 March 2023
This agreement is made the day and year 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 hereto (herein-after called “the Landlord” which expression shall
where the context so admits include in the case of natural persons his legal
representatives and permitted assigns and in the case of a company or corporation its
successors in title and permitted assigns) of the one part and the party whose name
and description are stated in Section 3 of the First Schedule hereto (hereinafter called
“The Tenant” which expression shall where the context so admits include in the case
of natural persons in his legal representatives and permitted assigns and in the case of
a company or corporation its successors in title and permitted assigns and in the case
of a company or corporation its successors in title and permitted assigns) of the other
part.
WHEREAS:
1. The Landlord hereby lets and the Tenant hereby takes the Demised Premises for
the term stated in Section 5 of the First Schedule hereto commencing from the
day and year set out in Section 6 of the First Schedule hereto at the rental and
payable in the manner stipulated in Section 7 of the First Schedyle hereto (which
said rental is hereinafter to as the Reserved Rent”)
a) To pay the Reserved Rent on the days and in the manner aforesaid;
To pay to the Landlord upon the execution of this agreement the sum
stipulated in Section 8 of the First Schedule hereto by way of a deposit as
security for the due observance and performance by the Tenant of its
covenants herein contained the receipt of which the Landlord hereby
acknowledges the deposit shall not except with the written consent of the
Landlord be treated or deemed as payment of any rent hereunder or any parts
thereof and subject to such deductions there of the Landlord may lawfully
make hereunder, the Landlord shall ref-fund the deposit to the Tenant free of
interest upon expiration of the term hereby granted.
b) To pay and discharge all charges payable for the supply of electricity and
water and the use and hire of telephone (if any) and conservancy in respect of
the Demised Premises; together with Indah Water charges thereon.
c) To permit the Landlord and/or his agents and others at all reasonable times to
enter upon and examine the condition of the Demised Premises and
thereupon Landlord may served upon the Tenant notice in writing specifying
any repair necessary to be done and for which the Tenant is liable under the
terms of this agreement and require the Tenant forthwith to execute the same
and if the Tenant shall not within fourteen (14) days after the date of such
notice proceed diligently with the execution of such repairs then to permit the
Landlord his servants and agents to enter upon Demised Premise and execute
such repairs and the cost and expenses thereof shall be a debt due from the
Tenant to the Landlord and be forth-with recoverable by action;
f) Not to assign underlet or otherwise part with the possession of the Demised
Premises or any art there of or to share occupation of the whole or any part
thereof for all or any part of the said term without first obtaining the consent
in writing from the Landlord;
j) Not to use and occupy the Demised Premises other than for the purpose as
stated in Section 9 of the First Schedule hereto;
k) To return the Demised Premises with the Landlord’s fixtures and fittings and
additions hereto at the expiration or sooner determination of the said term in
good condition in accordance with the several covenants herein before
contained;
a) To pay all existing and future rate taxes assessments and outgoing whether
parliamentary local or otherwise now or hereby imposed or charged upon the
Demised Premises other than those herein before agreed to be paid by the
Tenant;
b) To maintain and keep the main structure walls and roof of the Demised
Premises in good and tenantable repair and condition throughout the term
hereby created provided always that where repairs under this covenant shall
become necessary by reason of the negligence or willful default of the
Tenant then the Tenant shall carry out such repairs at his own cost and
expanses;
c) The Tenant paying the rent hereby reserved and observing and performing
the several covenants and stipulations herein contained on the part of the
Tenant shall hold and enjoy the Demised Premises throughout the said term
without any interruption by the Landlord or any person rightfully claiming
under or in trust for him.
4.
a) If the rent hereby reserved or any part thereof shall be unpaid for seven (7)
days after becoming payable (whether formally demanded or not) or if any
covenant or stipulation on the Tenant’s part herein contained shall not be
performed or observed or the tenant being a company shall enter into
liquidation whether voluntary or compulsory (save and except for the
purpose of amalgamation or reconstruction) or suffer any distress or
attachment or execution to be levied against his goods then and in every such
case it shall be lawful for the Landlord at any time thereafter 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 of action of the Landlord in respect of any antecedent breach of the
Tenant’s covenants and stipulations herein contained;
b) In case the Demised Premises or any part thereof shall at any time during the
said term be destroyed or damaged by fire, lighting, riot, tempest or any other
unforeseen cause so as to become unfit for occupation and use then the
Landlord shall be not bound or compelled to rebuild or reinstate the same
unless the Landlord in his discretion think fit. In the event of the Landlord
deciding to rebuild and reinstate the Demised Premises and the Tenant
deciding to continue with this tenancy then (provided the money payable
under any policy of insurance effected by the Landlord shall not have
become irrecoverable through any act or default of the Tenant) the rent
hereby reserved or a fair and just proportion thereof according to the nature
and extend of the damage sustained shall be suspended and cease to be
payable until the Demised Premises shall have been again rendered fir for
occupation and use. In the event of the Landlord not deciding to rebuilt and
reinstate the Demised Premises or the Tenant not deciding to continue with
this tenancy the rent thereby reserved shall cease and determine from the
happening of such destruction or damage as aforesaid and the Tenant will
peaceably and quietly leave, surrender and yield up to the Landlord
possession of so such of the Demised Premises as shall not have been
destroyed;
c) If the Tenant shall for any reason determine or otherwise abandon the
Tenancy of the Demised Premises at any time prior to the expiration or the
Term hereby granted, the Deposits referred to in Clause 2(b) will be forfeited
and the Tenant shall pay to the Landlord as agreed liquidated damages the
sum equivalent to the Rent for the remaining unexpired term granted herein
(hereinafter referred to “the Outstanding Rental”) as full and final settlement
of the Landlord’s claim against the Tenant and thereafter the Tenancy shall
be null and void and of no effect and neither party shall have any claims
against the other save and except for any antecedent breach.
d) Without prejudice to any other right the Landlord may have against the
Tenant, if the Tenant upon expiry or the sooner termination of the Tenancy
as aforesaid fails, refuses and/or neglects to yield up vacate the Demised
Premises, the Tenant shall pay to the Landlord as agreed liquidated damages
a sum equivalent to two (2) times the amount of the Rent or the current
market rental of the Demised Premises, whichever is higher for each day’s
delay.
5. Each party shall bear its own solicitor’s costs and disbursement incurred in the
preparation completion of this Agreement. The Tenant shall bear the cost of the
stamp duty on this Agreement.
6. The acceptance of the Rent or any part thereof by the Landlord shall not be
deemed to operate as a waiver by the Landlord of any right of action against the
Tenant in respect of any breach by the Tenant of any of its covenants herein
contained. No failure or delay on the part of the non-breaching party in exercising
any right under this Agreement shall operate, as a waiver of such right nor shall
the knowledge or acquiescence by the non-breaching party of or in a breach or
non-observance or non-performance by the breaching party of any terms and
conditions of this Agreement constitute a waiver of such and/or any other terms
and conditions.
i. The Landlord shall not be liable either to the Tenant or the Tenant’s
employees, agents, licensees or invitees for accidents happening or injuries
sustained or for loss of or damage however caused to goods or chattels in the
Demised Premises and/or the Car Park or any part thereof unless arising from
the negligence or default of the Landlord or that of any employees or agents
of the Landlord;
ii. The Landlord shall not be liable to the Tenant or otherwise nor shall the
Tenant have any claim against the Landlord in respect of any interruption in
any of the services herein mentioned by reason of necessary repairs or
maintenance of any installation or apparatus or damage thereto or destruction
thereof by fire, flood, tempest, Act of Good or other cause beyond the
Control of the Landlord or by reason of any mechanical or other defect or
breakdown or by reason of a strike of workmen or others or shortage of fuel,
materials, labour or water.
11. This Agreement shall be binding upon the successor-in-title and permitted assigns
of the Landlord and the successors-in-title and permitted assigns of the Tenant.
For the avoidance of doubt, it is hereby agreed that this Agreement and the
Tenancy (or any renewal thereof) hereby created shall not be affected in any way
whatsoever, by reason of any change in the management on ownership of either
party wherever mentioned herein shall be of the essence of this agreement.
14. The First Schedule and the Second Schedule hereto shall be taken read and
construed as an essential part of this agreement.
15. In this agreement where the context so admits words importing the masculine
gender shall be demand to include the feminine and neuter gender and words
importing the singular number shall include the plural and vice versa.
THE FIRST SCHEDULE
(Which is to be taken read and construed as an essential and integral part of this agreement)
Company No:
Special express condition to which this agreement is subjects and referred to in Clause 5
hereof
1. If the Tenant shall be desirous of renewing the tenancy for a further term of one (1) year
at the expiration of the term hereby created, shall give to the Landlord notice in writing
of such desire at least one (1) calendar months before the expire thereof and shall pay the
reserved rent and observe and perform the stipulations and covenants herein contained
and on its part to be observed and performed up to the termination of the Tenancy hereby
granted, the Landlord shall let the said Demised Premises to the Tenant for a further
period of one (1) year upon such new rent as the parties shall then agree provided that
such new rent shall not be less than the prevailing market rent of similar premises within
the same vicinity but otherwise subject to the same terms and conditions as herein
contained save and except this clause for renewal.
2. The landlord may terminate this tenancy by giving to the Tenant not less than one (1)
month written notice.
4. The two months deposits interest free will be refunded to the tenant by end of this
contract.
In witness whereof the parties hereto have hereunto set their hands the day and year
mentioned on Section 1 of the First Schedule this agreement.
NA Global Production
Company No:
Name: Tuan Nor Amzah