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Sublease Agreement

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RENT AGREEMENT

Between

NA Global Production
(Landlord)

And

First Environment Recycle (M) Sdn Bhd


(Tenant)

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 is registered/beneficial owner of the premise which is more


particularly described in Section 4 of the First Schedule hereto (hereinafter
referred to as “the Demised Premises”)
2. The Landlord is desirous of granting and the Tenant is desirous of taking a
tenancy of the Demised Premises for the consideration and upon the terms and
subject to the conditions hereinafter contained.

Now This Agreement Witness eth as follows:

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”)

2. The Tenant covenants with the Landlord as follows:

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;

d) Not to make any permanent alterations in or permanent addition to the


Premises without the written consent of the Landlord first and has obtained
and is in conformity with all relevant laws, by-laws and regulations and any
direction plans and specification approved by the Landlord and in the event
of Landlord granting such written consent the Tenant shall solely liable for
all cost and expenses incurred for such alterations or additions and upon the
determination of this tenancy, if so requested by the Landlord, the Tenant
shall restore the Demised Premises to their original state and condition at the
expense of the Tenant;
e) To keep the interior of the Demised Premises, the flooring and interior
plaster or other surface materials or renderings on walls and ceilings and the
Landlord’s fixture thereon including doors, windows, glass, shutters, locks,
fastening, electric wires, installations and fittings for the light and power and
other fixture and additions thereon in good tenant-able repair and clean
condition and to replace or repair any part of the Demised Premises and the
Landlord’s fixture and fittings therein which shall be broken or damaged due
to malicious, negligent or careless acts of the Tenant his servants, agents,
invitees or otherwise 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's, walls, ceilings, doors, windows amount other, the Tenant shall
fully indemnify and keep indemnified the Landlord against all claims
demands action and legal proceedings whatsoever made upon the Landlord
by any person in respect thereof;

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;

g) Not to permit of suffer to be done in or upon the Demised Premises or any


part thereof anything which may be or become a nuisance or annoyance or
cause damage or inconvenience to the Landlord or to be tenants occupiers of
lessees of neighboring premises or for any illegal or immoral purpose;

h) To be responsible for and to indemnify the Landlord against all damage


occasioned to the Demised Premises or any part thereof or any adjacent or
neighboring property if such damage be caused as a result of a willful act or
negligence or default on the part of the tenant of his servants or employees;

i) Not to do or permit to be done anything whereby the policy or policies of


insurance on the Demised Premises against damage by fire or other risks for
the time being subsisting may become void voidable or whereby the rate or
premium may increase and to make good all damages suffered by the
Landlord and to repay to the Landlord on demand all sums paid by way of
increased premium 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 without prejudice to the other rights of 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;

l) The Tenant hereby expressly warrants that all governmental licenses,


permits, registration (including trade name), town planning and other
requisite statutory permissions and consents necessary for the conduct of the
Tenant’s business have been obtained and where necessary received from
time to time;

3. The Landlord hereby covenants with the Tenant as follows;

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.

e) The demand and/or receipt of such liquidated damages shall be without


prejudice to the Landlord’s right to evict the Tenant or to take proceedings to
enforce the other rights of the Landlord contained in this Agreement.

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.

7. If at any time any provision condition term stipulation or covenant of this


Agreement is or become illegal, void, invalid, prohibited or unenforceable in any
respect the same shall be ineffective to the extent of such illegality, voidness,
invalidity, prohibition or uneforceability without invalidating in any manner
whatsoever the remaining provisions hereof.

8. Any notice require to be served hereunder shall be sufficiently served on the


Tenant if left addressed to him on the Demised Premises or forwarded to him by
registered post to his last known address and shall be sufficiently served on the
Landlord if addressed to him and left at or sent by registered post to his address at
first above written. A notice sent by post shall be deemed to be given at the time
when it ought in due course of post to be delivered at the address to which it is
sent. All notice under this agreement shall be in writing.

9. This Agreement shall governed by and construed in all respects in accordance


with the laws of Malaysia. The Landlord shall be at liberty to institute and take
actions or proceedings or otherwise against the Tenant in Malaysia and the parties
hereto hereby agree that where any actions or proceedings are instituted and taken
in Malaysia they shall submit to the exclusive jurisdiction of the Courts of the
Sates of Malaya in all matters concerned with obligations and liabilities of the
parties hereto under or arising out of this Agreement and the service of any writ
of summons or any legal process in respect of any such action or proceedings
may be effected on the party concerned by forwarding a copy of the writ of
summons, statement of claim or other legal process by prepaid registered post to
their respective addresses as indicated herein or in such manner or mode as a
court of competent jurisdiction may order or direct.

10. Notwithstanding anything herein contained:-

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.

12. Knowledge or acquiescence by the Landlord of any breach of any of the


conditions or covenants herein contained shall not operate as or be deemed to be
waiver of such conditions or covenants or any of them and consent or permission
of the Landlord shall not be effective or relied upon by the Tenant unless in
writing and signed by the Landlord.
13. It is hereby expressly agreed between the parties hereto that this agreement shall
in addition to the terms and conditions herein be subjected to the special express
condition if any set out in the Second Schedule hereto and in the event of any
conflict, discrepancy, or variance the special express conditions set out in the
Second Schedule hereto to prevail.

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)

Section No Item Particulars


1. The day and year of 26th March 2023
2. Name and description of the Landlord NA Global Production

Company No:

Address: 35D-1-4, Jalan Wangsa


Delima 5, Seksyen 5, Pusat Bandar
Wangsa Maju, 53000 Kuala
Lumpur
3. Name and Description of the Tenant First Environment Recycle (M) Sdn
Bhd

Company No: 201401033225

Address:AP4-3A-2, 20Trees, Jalan


203C, Taman Melawati, 53100
Kuala Lumpur

4. Description of the Demised Premises All that premises known as:

Address: 35D-1-4, Jalan Wangsa


Delima 5, Seksyen 5, Pusat Bandar
Wangsa Maju, 53000 Kuala
Lumpur
5. Duration of Tenancy TWO (2) Years
6. Date of Commencement of the tenancy 26th day of March 2023 expiring on
25th day of March 2024
7. Reserved rent and manner of payment Ringgit Malaysia :
8. Security Deposit Ringgit Malaysia :

The Second Schedule


(Which is to be taken read and construed as an essential part of this agreement)

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.

3. Two months deposit shall not be deducted as monthly rental.

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.

Signed by the Landlord


in the presence of:-

NA Global Production
Company No:
Name: Tuan Nor Amzah

Signed by the Tenant


in the presence of:-

First Environment Recycle (M) Sdn Bhd


Company No : 201401033225
Name : Haji Kamaruz-zaman Othman

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