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021 MHSB - V - NUTRISOURCE - Tenancy Agreement

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DATED DAY OF 2022

BETWEEN

NUTRISOURCE (M) SDN.BHD.


[Company Registration No: 198301011603 (106992-V)]
(“the Landlord”)

AND

MARIATI HOLDINGS SDN BHD


[Company No: 201801010404 (1272419-K)]
(“The Tenant”)

************************************************

TENANCY AGREEMENT

************************************************

13, JALAN TPP 6/6, SEKSYEN 6,


TAMAN PERINDUSTRIAN PUCHONG,
BATU 12,
47100 PUCHONG,
SELANGOR DARUL EHSAN.
TENANCY AGREEMENT

THIS TENANCY AGREEMENT is made the day and year as stated in Section 1 of the FIRST
SCHEDULE hereto

Between:

(1) The person(s) whose particulars are stated in Section 2(A) of the First Schedule
(hereinafter called as "The Landlord") of the one part;

AND

(2) The person(s) whose particulars are stated in Section 2(B) of the First Schedule
(hereinafter called as "The Tenant") of the other part.

WHEREAS: -

(A) The Landlord is the registered proprietor of all that premises as stated in Section 3 of the
First Schedule (hereinafter called "The Demised Premises").

(B) The Landlord is desirous of letting and the Tenant is desirous of taking on let the Demised
Premises upon the terms and subject to the conditions hereinafter appearing.

NOW IT IS HEREBY AGREED as follows: -

1. TENANCY

1.1 In consideration of the Tenant undertaking to pay to the Landlord the rent hereby reserved
and to comply with, observe and perform the terms conditions and stipulations hereinafter
set forth, the Landlord hereby agree to let and the Tenant hereby agrees to take a tenancy
of the Demised Premises for a fixed period as stated in Section 4 of the First Schedule
(hereinafter referred to as the “Tenancy Period”) commencing from the date as set out in
Section 5 of the First Schedule and Expiring to date stipulated in Section 6 of the first
schedule (hereinafter refer to as ‘the Expiry Date”, at a monthly rental as stated in Section
7 of the First Schedule which is payable one (1) month in advance but not later than the
21st day of every calendar month thereof and thereafter payable on the same of each and
every succeeding month.

2. DEPOSITS

2.1 Simultaneously with the execution of this Agreement, the Tenant shall pay to the Landlord
the following sums: -

a) A sum of as stated in Section 8 of the First Schedule as being the rental security
deposit (hereinafter called as "Rental Deposit"). The Rental Deposit shall not
deemed to be payment of rent in advance or other outgoing the Tenant may be
required to pay under the provisions of this Agreement nor shall it be treated or
used by the Tenant as payments of rent or other outgoing due under this
Agreement; and

b) A sum of as stated in Section 9 of the First Schedule being the deposit for water
and electricity supply and deposit for rubbish refuse collection and conservancy
and sewerage charges imposed by government or public or privatized bodies, as
the case may be (collectively referred to as the "Utilities Deposit").

The Landlord shall upon the expiry of the Tenancy Period or such extended period as may
be agreed upon pursuant to the terms of this Agreement as hereinafter provided and shall
subject to the re-delivery of the vacant possession of the Demised Premises in the state
and condition it is as at the date of this Agreement (fair wear and tear excepted) by the
Tenant and settlement of all outstanding outgoing payable in respect of the Demised
Premises, refund free of interest the Rental Deposit and the Utilities Deposit hereof to the
Tenant.
3. TENANT'S COVENANTS

3.1 The Tenant hereby covenants with the Landlord as follows: -

a) To pay the rent reserved at the times and in the manner stated herein, rental shall
be paid not later than the 31st day of every calendar month thereof and thereafter
payable on the same of each and every succeeding month;

b) To register afresh the electricity account under the Tenant's name and to pay for
all charges for the supply of water and electricity incurred in respect of the
occupation of the Demised Premises by the Tenant directly to the relevant
authorities;

c) To pay all charges and bills to the Government of Malaysia and other public or
privatized bodies as the case may be for services such as conservancy sewerage
and refuse collection if any and if required by the authorities;

d) To keep at the Tenant's expense both the interior and exterior of the Demised
Premises in good and tenantable repair and condition (fair wear and tear
excepted) throughout the term hereby granted (and such extension thereof, if any,
pursuant to this Agreement) and to repair or replace any part thereof which shall
be broken or damaged due to any acts or omissions of the Tenant and to
indemnify and keep the Landlord indemnified against all damages so caused or
occasioned to the Demised Premises or to any part thereof;

e) To permit the Landlord and/or duty authorized representatives upon giving three
(3) days previous notice at all reasonable times to enter upon and examine the
condition of the Said Premises, whereupon the Landlord shall be entitled to serve
the Tenant a notice in writing specifying therein any repairs necessary to be
carried out and requiring the Tenant to forthwith to execute the same and if the
Tenant shall not within seven (7) days after service of such notice proceed
diligently with the execution of such repairs or works then the Landlord with or
without workman and others shall be entitled to enter upon the Said Premises and
execute the repairs and the Tenant agrees that the cost thereof shall be a debt
from the Tenant to the Landlord and be forthwith recoverable by action;

f) To insure, at the Tenant's own cost and expense, with a reputable insurance
company all the Tenant's installations fixtures fittings appliances effects
merchandise equipment furniture movable chattels and all other property
belonging to or in the possession of the Tenant in the Demised Premises against
loss or damage by fire and to pay all premiums incurred in respect of the same;

g) To permit the Landlord and/or its agents Two (2) calendar months prior to the
expiry of the term hereby created (or extended pursuant to this Agreement as the
case may be), to affix upon the Demised Premises a notice for re-letting and upon
prior appointment to bring prospective tenants to view the Demised Premises for
the purpose of letting the same;

h) Not to make or permit to be made by any alteration in or additions to the Said


Premises or the Landlord’s fixture, fittings decorations therein without having first
obtained the written license and consent of the Landlord thereof and in the event
of such license and consent being given to carry out at the Tenant’s own expense
such alterations with such materials and 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 Said Premises to its original
state and condition at the expense of the Tenant;

i) Not to make such alterations and renovations for use of the Demised Premises
without the prior written consent in writing of the Landlord and/or of the local or
such other competent authority (if necessary), and if required by the Landlord to
restore the Demised Premises to its original state and condition at the expense of
the Tenant or to leave the same in such conditions as the Landlord may require
and approve. The Landlord strictly forbids structural alterations or modifications to
the Demised Premises and the Tenant shall not damage cut or alter any of the
floors columns beams structural walls and external walls of the Demised Premises
in any manner whatsoever,
j) Not to assign, sub-let, transfer the Tenancy hereby created or otherwise dispose
of or part with the actual or legal possession of the Demised Premises or any part
thereof without the prior consent in writing of the Landlord;

k) Not to keep or permit to be kept on the Demised Premises or any part thereof any
materials the keeping of which may contravene any local ordinance statute
regulations or by laws or in respect of which an increased rate of insurance is
usually required and not to store or bring upon the Demised Premises or any part
thereof arms ammunition or unlawful goods gunpowder salt-petre kerosene or any
explosive combustible inflammable dangerous or unlawful substance (except
where expressly approved by the appropriate authorities and/or the Landlord);

l) Not to allow any dangerous poisonous or objectionable effluent to be discharged


into the drains or sewers of the Demised Premises and to take all such measures
and precautions as may be necessary to ensure that any effluent so discharged: -

i) Be not corrosive or otherwise harmful to the said drains or sewers;


ii) Does not cause any obstruction or deposit therein;

m) To keep the said Premises in neat, clean and hygienic condition and free and
clear of pests, insects, rodents and vermin at its own costs and expenses further
to keep and maintain the said Premises attractive, both in its physical
characteristic and appearance;

n) Not to throw or permit to be thrown dirt, rubbish, rags or other refuse into sinks,
baths, lavatories, cisterns, water or soil pipes in the said Premises;

o) Not to install any electrical sockets plugs or electrical power points or electrical
motor or engine or appliance or air conditioner without the previous written
consent of the Landlord first had and obtained. In the event that the Tenant
commits a breach of this covenant and as a result of which the Landlord suffers
damages, the Tenant shall indemnify and keep the Landlord indemnify against
any loses or damages which may be suffered by the Landlord as a result of the
Tenant’s breach and the Landlord shall be entitled to deduct from the deposits for
cost and expenses which they may incur as a result of the Tenant’s breach;

p) To use the Said Premises only for the purpose stipulated in the Section 12 of the
Schedules hereto and not to use or permit or suffer the use thereof for any other
purpose Save and Except for the specific purpose herein stated and further not to
do or permit or suffer anything to be done in or about the Said Premises or any
part thereof which may become a nuisance or cause damage or inconvenience to
the Landlord or the Tenant or occupiers of neighboring premises.

3.2 At the expiry or sooner determination of the Tenancy hereby created (or extended
pursuant to this Agreement as the case may be), to yield up to the Landlord the Demised
Premises and all additions thereto properly cleaned and in a good and tenantable repair
and condition (fair wear and tear excepted) and at the Tenant's own cost and expense to
restore the Demised Premises to its original condition and to make good any damage
caused to any part of the Demised Premises.

3.3 All acts agreements covenants and undertakings that are herein stipulated in this
Agreement to be performed or observed by the Tenant shall be so performed and
observed at the Tenant's sole cost and expense.

4. LANDLORD'S COVENANTS

4.1 The Landlord hereby covenants with the Tenant that upon the Tenant paying the rents
hereby reserved and duly observing and performing this Agreement and the terms
stipulations and covenants on its part herein before contained, the Landlord shall: -

a) Permit the Tenant to quietly enjoy the Demised Premises during the tenancy
hereby created (or extended pursuant to this Agreement as the case may be)
without any interruption by the Landlord or any person claiming under or in trust
for the Landlord;
b) Bear all quit rent and assessments or other rates imposed or payable in respect of
the Demised Premises save and except in so far as the same are payable by the
Tenant under the terms hereof;

c) Maintain and keep the main structure columns beams floors and drains of the
Demised Premises in good and tenantable repair and condition throughout the
term hereby created (or extended pursuant to this Agreement as the case may be)
at such times and in such manner as the Landlord in its absolute discretion shall
consider to be necessary and in so far as such are not the Tenant's responsibility
pursuant to Clause 3.1 above and save and except where the damage or wear
and tear is or are due to any act or omission or neglect of and by the Tenant, their
employees servants agents licensees invitees or independent contractors.

d) Keep the Demised Premises insured against loss or damage by fire during the
term of this tenancy (and such extension thereof, if any, pursuant to this
Agreement) and to make all payments necessary for that purpose PROVIDED
ALWAYS THAT the provisions of this covenant shall not be deemed to bind the
Landlord to insure against consequential loss nor against damage to or
destruction of any furniture fittings fixtures chattels effects or other property of the
Tenant and situate in or upon the Demised Premises.

PROVIDED ALWAYS AND IT IS EXPRESSLY AGREED BETWEEN THE PARTIES HERETO as


follows: -

5. MUTUAL AGREEMENTS

5.1 If the rent hereby reserved or any part thereof shall at any time be unpaid after becoming
payable (whether formally demanded or not) or if any of the covenants on the Tenant's
part hereinbefore contained shall not be performed or observed or if the Tenant shall have
a receiving order made against them or shall enter into any composition with their creditors
or suffer any distress or execution to be levied on their goods or if the Tenant shall go into
liquidation whether compulsory or otherwise (save for the purpose of reconstruction or
amalgamation) then and in any of the said cases it shall be lawful for the Landlord to
forthwith terminate this Agreement and shall thereafter be entitled to re-enter the
Demised Premises but without prejudice to the right of action of the Landlord in respect of
any antecedent breach of the Tenant's covenants herein contained.

5.2 In the event that the Demised Premises or any part thereof shall at any time during the
Tenancy (and/or such extension thereof, if any, pursuant to this Agreement), be destroyed
or damaged by fire (except where such fire has been caused by the fault or negligence of
the Tenant) so as to be unfit for habitation and use for a period longer than thirty (30)
days and the policy or policies of insurance effected by the Landlord shall not have been
vitiated or payment of the policy monies refused in whole or in part in consequence of any
default of the Tenant, their employees servants agents licensees invitees or independent
contractors, the rent hereby reserved or a fair proportion thereof according to the nature
and extent of the damage sustained shall be suspended until the Demised Premises shall
again be rendered fit for habitation and use. The Landlord shall not be bound or compelled
to rebuild or reinstate the Demised Premises unless the Landlord in its absolute discretion
thinks fit to do so. In the event of the Landlord deciding not to rebuild or reinstate the
Demised Premises then the rent hereby reserved shall cease and determine from the
happening of such destruction or damage as aforesaid and the Tenant shall peaceably
and quietly surrender and yield up to the Landlord vacant possession of the Demised
Premises without any entitlement to any damage or compensation from the Landlord and
thereafter this Agreement shall terminate and be of no further effect.

5.3 a) The Landlord may, at their absolute discretion, upon the written request by the
Tenant made not less than Two (2) months before the expiry of the Tenancy
Period, grants to the Tenant, at the Tenant's cost and expense, a further tenancy
of the Demised Premises for a fixed period as stated in Section 10 of the First
Schedule ("Extended Tenancy Period") commencing from the date of expiry of the
Tenancy Period at a revised monthly rental to be mutually agreed upon and upon
terms conditions similar to those herein contained in this Agreement with the
exception of this Sub-Clause PROVIDED ALWAYS THAT the Tenant shall have
paid the rent hereby reserved and performed the stipulations and covenants
herein contained up to the expiry of the Tenancy Period.
b) In the event that the terms herein created is extended pursuant to the foregoing
provisions and the monthly rental payable in respect of the extended tenancy
thereby created is increased by the Landlord pursuant to the provisions of Clause
5.3(a) hereof, then, in such event the Rental Deposit and the Utilities Deposit
payable in respect of the extended tenancy shall be increased accordingly and
such increase (if any) shall be paid by the Tenant to the Landlord before the
commencement of the extended tenancy.

5.4 In the event that the Tenant terminate this Agreement prior to the expiry of the Tenancy
Period, the Tenant shall hereby pay to the Landlord the rentals for the unexpired period of
the Tenancy Period as agreed liquidated damages and the same shall be treated as a
debt due to the Landlord.

5.5 The Tenant and the Landlord their servants or agents shall conduct a joint inspection of
the Demised Premises Thirty (30) days prior to the expiry of the Tenancy Period (or such
extension thereof, if any, pursuant to this Agreement as the case may be) and thereupon
the Landlord may serve upon the Tenant a notice in writing specifying any particular and
necessary reasonable repairs and require the Tenant to forthwith execute the said repairs.

6. DELIVERY OF VACANT POSSESSION

6.1 The Tenant shall on or before the Expiry Date or upon expiry of the extended Tenancy
Period in the event of any extension of the Tenancy Period, re-deliver vacant possession
of the Demised Premises to the Landlord in a good and tenantable repair and to restore
the same to its original condition (fair wear and tear excepted).

7. NOTICE

7.1 Any notice under this Agreement shall be in writing and shall be sufficiently served on the
Tenant if left addressed to the Tenant at the Demised Premises or sent to the Tenant by
registered post to the Demised Premises or the Tenant's last known address and any
notice to the Landlord shall be sufficiently served if sent by registered post or delivered
personally to the Landlord at the Landlord's address herein given or at the Landlord's last
known registered office in Peninsular Malaysia. A notice sent by registered post shall be
deemed to be given at the time when it ought to in due course of post be delivered at the
address to which it is sent.

8. COSTS

8.1 All legal fees, costs and expenses incurred in the preparation and execution of this
Tenancy Agreement shall be paid and borne by the Tenant.

9. BINDING EFFECT

9.1 This Agreement shall be binding upon the respective assigns, heirs, personal
representatives and successors in title of the parties hereto.

10. TIME

10.1 Time wherever mentioned shall be of the essence in this Agreement.

11. SEVERABILITY

11.1 Any term, condition, stipulation, provision, covenant or undertaking in this Agreement
which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such
illegality, voidness, prohibition or unenforceability without invalidating the remaining
provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not
invalidate or render illegal, void or unenforceable any other term, condition, stipulation,
provision, covenant or undertaking herein contained.
12. DEFINITION AND INTERPRETATION

12.1 The expression the "Landlord" and the "Tenant" shall include their respective assigns
heirs representatives and successors-in-title.

12.2 Words denoting the singular number only shall include the plural number and vice versa,
words denoting the masculine gender only shall include the feminine and neuter genders
and references to persons shall be deemed to include bodies corporate or unincorporated.

12.3 The Schedule hereto shall be taken, read and construed as an essential part of this
Agreement. References to Recitals, Clauses and Schedules are to recitals, clauses and
schedules to this Agreement.
12.4 Any reference to a statutory provision shall include such provision and any regulations
made in pursuance thereof as from time to time modified or re-enacted whether before or
after the date of this Agreement so far as such modification or re-enactment applied or is
capable of applying to any transactions entered into prior to the date hereof and (so far as
liability hereunder may exist or can arise) shall include also any past statutory provisions
or regulations (as from time to time modified or re-enacted) which such provisions or
regulations have directly or indirectly replaced.

12.5 Headings in this Agreement are for convenience of reference only and shall not be used to
construe or interpret this Agreement.

12.6 A period of days from the happening of an event or the doing of any act or thing shall be
deemed to be exclusive of the day on which the event happens or the act or thing is done
and if the last day of the period is a weekly holiday or a public holiday ("excluded day")
the period shall include the next following day which is not an excluded day.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and
year first above written.

Signed by the abovenamed )


Landlord )
in the presence of:- ) --------------------------------------------------
Director
Name:
NRIC:

Signed by the abovenamed )


Tenant )
in the presence of:- ) --------------------------------------------------
Chairman
Name: Datuk Mohd Rahimi Bin Rejab
NRIC: 720925-02-5855

FIRST SCHEDULE
(Which shall read and construed as an essential part of this agreement)

SECTION 1 DATE OF THE TENANCY AGREEMENT

SECTION 2 (A) LANDLORD

NUTRISOURCE (M) SDN.BHD.


[Company Registration No: 198301011603 (106992-V)]
13, Jalan TPP 6/6, Seksyen 6,
Taman Perindustrian Puchong,
Batu 12, 47100 Puchong, Selangor

SECTION 2 (B) TENANT

MARIATI HOLDINGS SDN BHD


[Company No: 201801010404 (1272419-K)]
96, Jalan Diplomatik P15,
Presint 15,
62050 Putrajaya,
W.P. Putrajaya.

SECTION 3 DEMISED PREMISES

13, Jalan TPP 6/6, Seksyen 6,


Taman Perindustrian Puchong,
Batu 12, 47100 Puchong, Selangor

SECTION 4 TERM OF TENANCY

One (1) years

SECTION 5 DATE OF COMMENCEMENT OF TENANCY

1st December 2022

SECTION 6 DATE OF EXPIRY OF THE TENANCY

30th November 2023

SECTION 7 MONTHLY RENTAL

Ringgit Malaysia FIVE HUNDRED


(RM 500.00) only

SECTION 8 RENTAL DEPOSIT

Ringgit Malaysia ONE THOUSAND only (RM1,000)


inclusive of Ringgit Malaysia FIVE HUNDRED (RM 500.00) advance
rental and Ringgit Malaysia FIVE HUNDRED (RM 500.00) rental
deposit

SECTION 9 UTILITIES DEPOSIT

Not available
SECTION 10 RENEWAL TERM

One (1) year

SECTION 11 RENTAL FOR RENEWAL TERM

Subject to prevailing market rental to be mutually agreed upon by


the parties

SECTION 12 USE OF THE DEMISED PREMISES

Warehouse only
SCHEDULE 2
SPECIAL CONDITIONS FORMING PART OF THIS AGREEMENT

Section 1 The rental start when the Tenant receive LOA from Telekom
Malaysia and/or this Agreement shall be treated as null and void
and of no further effect and neither party shall have any claim or
claims against the other.

Section 2 Subject to condition in Section 1, the Landlord shall refund to the


Tenant the Deposit and all monies paid to the Landlord (if any)
under this Agreement free of interest.

Section 3 Both parties mutually agree that the rental start from the date the
Tenant receive the LOA from TM.

Section 4 The monthly rental inclusive of Security Guard and (closed-circuit


television) CCTV provided by the Landlord and can be access by
the Tenant.

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