TENANCY AGREEMENT

AN AGREEMENT made on the ________________________

BETWEEN

(1) ALAN TAN SI CHUNG [WN.KP. 670410-13-5155],

(2) PHANG CHOON FAH (f) [WN.KP. 660304-13-5662],
(3) MALCOLM TAN TAI WEI [WN.KP. 910517-13-5737], and
(4) SOLOMON TAN TAI SIANG [WN.KP. 930919-13-5797]
all of Sublot 45, No. 4363, Taman Stapok, Jalan Stapok, 93250 Kuching, Sarawak (here-
inafter collectively referred to as “the Landlords”) of the first part.

AND

JAMES GUNARSO SERUNG [WN.KP. 660618-13-5665] of Lot 10993, Taman Jelita,

Off Taman Tunku, 96000 Miri, Sarawak (hereinafter referred to as “the Tenant”) of the
second part.

WHEREAS:-

(a) The Landlords are the beneficial co-owners of all that parcel of land together with a
unit of three (3) storey intermediate shophouse thereon and appurtenances
thereof situate at 4 ½ Mile, Jalan Batu Kawa, Kuching, containing an area of
126.0 square metres, more or less, and described as Sublot No. 5 (hereinafter
called “the said Shophouse”) of Parent Lot 5494 (formerly Lots 4770 to
4913), Block 225, Kuching North Land District by virtue of a Sale and
Purchase Agreement made on 26 th January 2015 between Tenaga Stabil
Sdn. Bhd. [Company No. 779418-T] of the one part and the Landlords of the
other part.

(b) The Landlords are desirous of letting to the Tenant and the Tenant is desirous of
taking the First Floor of the said Shophouse (hereinafter referred to as “the
Demised Premises”) on an “as is where is basis” but subject to the terms
and conditions hereinafter contained.

NOW THEREFORE IT IS HEREBY MUTUALLY AGREED as follows:-

1. THE TENANCY

The Landlords shall let and the Tenant shall take the Demised Premises for a term
of three (3) years commencing from the 1st day of January, 2018 and ending
on the 31st day of December, 2020 at the monthly rental of RINGGIT
MALAYSIA NINE HUNDRED (RM900-00) ONLY payable in advance on or
before the 7th day of each calendar month.

2. THE TENANT HEREBY COVENANTS WITH THE LANDLORDS AS FOLLOWS:-

(1) RENTAL PAYMENT

To pay to the Landlords the monthly rent at the time and in the manner
aforesaid without any deduction whatsoever. The first month rental shall
be paid to the Landlord upon signing of this Agreement.

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(2) DEPOSIT

Upon the signing of this Tenancy Agreement, to deposit with the Landlords
a sum of RINGGIT MALAYSIA TWO THOUSAND SEVEN HUNDRED
(RM2,700-00) ONLY (hereinafter referred to as “the Security
Deposit”) which said Security Deposit shall be refunded to the Tenant
free of interest at the expiration of the term hereby granted PROVIDED
that there shall not then be any existing breach or non-observance or non-
performance of the covenants on the Tenant’s part herein contained AND
PROVIDED FURTHER that in the event of the Tenant failing to make
good any damage caused to the Demised Premises, the Landlords shall be
at liberty to employ workmen to execute the same and for that purpose be
entitled to deduct all reasonable cost expended from the Security Deposit.
The Security Deposit shall not at any time be used to set off any rental of
the term hereby granted.

(3) UTILITY

(i) To apply at its own costs and expenses for the installation of separate
electricity meter in the Tenant’s name and to pay for the electricity
meter deposit and other relevant charges incidental thereto to the
relevant authority.

(ii) To deposit with the Landlords a sum of RINGGIT MALAYSIA FIVE

HUNDRED (RM500.00) as water and electricity deposits
(hereinafter collectively referred to as “Utilities Deposit”), which
said sum shall be refunded to the Tenant without interest at the
expiration of this Tenancy provided that there shall not then be any
existing unpaid utility bills and breach or non-performance of the
covenants on the Tenant’s part herein contained.

(iii) To punctually pay for the electricity and water charges and the
telephone rentals and metered/trunk calls used in the Demised
Premises during the currency of this Tenancy and before the refund
of the Security Deposit and Utility Deposit are made as aforesaid, to
produce the receipts of up to date payments of electricity, water
and telephone bills to the Landlords.

(iv) In the event that any of the electricity, water or telephone bills shall
remain unpaid for a continuous period of three (3) months or more,
the Landlords, without prejudice to the rights herein provided, shall
be entitled to instruct the relevant authorities to disconnect and cut
off the electricity, water and/or telephone line to the Demised
Premises AND the Landlords shall not be responsible for any loss or
damage thereby incurred.

(v) Not to alter the electrical system (electricity wiring) in the Demised
Premises or make any extension and/or additions thereto without
the prior approval of SESCO and any additional development
charges payable for such approval alterations extensions and/or
addition shall be paid by the Tenant.

(vi) Not to tamper with the electricity and water meters servicing the
Demised Premises as installed by the appropriate authorities. In the
event of any penalty, fine or other sanction being imposed by the
authorities concerned for any tampering, then the Tenant shall fully
responsible for the same and the Tenant shall indemnify and keep
the Landlords indemnified against and from all such penalty, fine or
sanction, such indemnity to include any compensation to the
Landlords for any monies paid out to authority concerned and/or

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 other government bodies arising from such tampering or other
illegal activities.

(4) USE OF DEMISED PREMISES IN COMPLIANCE WITH LAWS

(i) Subject to the provisions of this Agreement, to use the Demised

Premises for church purposes (hereinafter referred to as “the
said Purpose”) PROVIDED THAT:-

(a) The Tenant shall apply for, obtain and maintain and cause to
be obtained and maintained at the Tenant’s own expense all
licences permits approvals registration and other consents
required by the appropriate authority for the operation of
and/or use of the Demised Premises for the said Purpose.
The Landlords do not warrant or undertake to the Tenant
that the Tenant shall be able to use the Demised Premises
for the said Purpose and the failure of the Tenant to obtain
permission from the appropriate authority, if required, for
such use of the Demised Premises as is intended or contem-
plated by the Tenant shall not be a ground to vitiate impair
or frustrate the tenancy hereby granted or the obligations on
the part of the Tenant herein contained.

(b) In the event the Tenant requires to use the Demised

Premises for purpose other than the purpose hereinbefore
mentioned, the Tenant shall obtain the prior written consent
from the Landlords.

(ii) Not to use or cause or permit to be used the Demised Premises or

any part thereof for the carrying on of any activities which is illegal,
unlawful or immoral.

(iii) Not to store in or bring upon any part of the Demised Premises any
arms ammunition or unlawful goods or any explosive toxic or com-
bustible substance or any substance of a dangerous nature or to
permit any auction sale to take place therein or thereat.

(5) SIGNBOARD

The Tenant shall apply and obtain all necessary consents from the relevant
authorities for the affixation or exhibition of any name plate, business
signboard, notices or logos and shall ensure that the same are in
compliance with the standard set down by the relevant authorities.

(6) UPKEEP OF DEMISED PREMISES

(i) To keep the Demised Premises in a clean sanitary condition and to

repair and keep the Demised Premises including (but not limited to)
the windows, doors, locks, latches, sanitary wares, pipes, rubbish
bin thereof and the Landlords’ fixture and fitting therein in good and
Tenantable repair and to do such repairs and maintenance to the
Demised Premises as may be necessary during the term of this
Tenancy Agreement (fair wear and tear excepted) and also to
replace with items of similar value and kind, electrical appliances,
lighting appliances, fans, keys and locks, if any, if these are
damaged by the Tenant. The Tenant shall indemnity the Landlords

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 for any loss or damage to the Demised Premises as a result of the
breach of this covenant.

(ii) During the term of this Tenancy Agreement, to do such repairs to the
Demised Premises as may be necessary (fair wear and tear
excepted).

(iii) To make good any stoppage or damage to the drains, water pipes and
sanitary systems of the Demised Premises.

(iv) To maintain the cleanliness of the front walkway of the said

Shophouse.

(7) NUISANCE

Not to do or permit or suffer anything to be done in or upon the Demised

Premises, which may be or become nuisance or annoyance to or in any
way interfere with the quiet enjoyment or comfort of the occupants of
neighbouring premises.

(8) RENOVATION

Not to make or permit or suffer to be made any alteration or renovation to

the Demised Premises without the prior consent in writing of the Landlords
and the approval of the relevant competent authorities in respect of such
alteration and/or renovation PROVIDED ALWAYS THAT:-

(a) such renovation or alteration shall be done at the Tenant’s own

costs and expense;

(b) such renovation or alteration shall not alter the structural beams of
the Demised Premises;

(c) such renovation or alteration must complied with the Laws and By-
Laws set by the relevant governmental authorities;

(d) the Tenant having first obtained all and any licences permission or
consent from the relevant governmental or statutory authorities
required for the said alteration or renovation;

(e) the Tenant shall keep the Landlords indemnified against all
proceedings, claims, expenses and liabilities whatsoever which may
be taken or made against or incurred by the Landlords due to the
Tenant’s alteration or renovation; and

(f) if required by the Landlords, the Tenant shall, at the Tenant’s own
costs and expense, restore the Demised Premises to as near its
original state and condition upon the expiration of term of this
Tenancy.

(9) ASSIGNMENT OF SUB-LEASE WITHOUT CONSENT

Not to sub-let, assign or transfer this Tenancy or part with possession of

the Demised Premises or any part thereof without the Landlords’ consent
in writing save and except for the permitted use by the company(ies) or
firm belonging to the Tenant.

(10) LANDLORDS’ RIGHTS TO VIEW DEMISED PREMISES

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 The Tenant shall permit the Landlords, their agents or workmen to enter
into the Demised Premises at all reasonable times of the day after giving
twenty-four (24) hours' prior notice to the Tenant to enter upon and
examine the condition of the Demised Premises and thereupon the
Landlords or their authorised agents may serve upon the Tenant notice in
writing specifying any repair or works necessary to be done which is
caused by the Tenant’s breach of the covenants in this Tenancy Agreement
and require the Tenant forthwith to execute the same and if the Tenant
shall not within fourteen (14) days after the service of such notice proceed
diligently with the execution of such repair or works therein to permit the
Landlords, their workmen or agents to enter upon the Demised Premises
and execute such repairs or works and the costs thereof shall be a debt
due from the Tenant to the Landlords and shall be recoverable by action.

(11) NO INFRINGEMENT OF LAW

Not to do or permit to be done on the said Demised Premises anything

which will or may infringe any of the laws, directives, rules, by-laws or
regulations made by the Government, the Municipal or Local Council or
any other competent Authority affecting the said Demised Premises.

(12) INDEMNITY

To indemnify and keep the Landlords indemnified against all loss, damage
and expenses howsoever caused to the Landlords and the Demised
Premises or neighbouring premises or to any adjacent properties or injury
or death to any person, where such loss damage expenses and/or injury is
occasioned or caused by any act, default or negligence on the part of the
Tenant or the Previous Tenants, its servants or agents, and against any
payment by the Landlords in respect of demands, actions, claim and/or
proceedings so arising therefrom.

(13) DELIVERY OF VACANT POSSESSION

At the determination of this Tenancy:-

(i) to yield up to the Landlords possession of the Demised Premises in

clean and good tenantable condition and in such good and
substantial repair as shall be in accordance with the covenants of
the Tenant herein contained;

(ii) if so required by the Landlords, remove all fixtures and fitting in-
cluding signboards belonging to the Tenant and to make good any
damage or defacement occasioned to any part of the Demised
Premises caused whether by such removal or otherwise;
(iii) before the delivery of vacant possession of the Demised Premises
to the Landlord, if required by the Landlords, to restore, at the
Tenant’s own costs and expense, the Demised Premises to as near
its original state and condition at the time of delivery of vacant
possession of the Demised Premises;

(iv) to clean and remove any debris, rubbish etc in the Demised
Premises; and

(v) to settle all the electricity and water bills for the Demised
Premises.

3. THE LANDLORDS HEREBY JOINTLY AND SEVERALLY COVENANT WITH

THE TENANT AS FOLLOWS:-

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 (1) PAYMENT OF QUIT RENTS AND OTHER DUES

To bear and pay quit rents assessment rates and taxes levies by the
Government and other relevant authority in respect of the Demised
Premises.

(2) QUIET AND PEACEFUL ENJOYMENT

That so long as the Tenants shall pay the rent hereby reserved and
perform and observe the several agreements and covenants on its part
herein contained the Tenanst shall be entitled to peaceably hold and enjoy
the Demised Premises during the Tenancy Period without any interruption
or disturbance by the Landlords or any persons lawfully claiming through
or under the Landlord.

(3) REFUND OF DEPOSITS

To refund to the Tenants the Security Deposit at the expiration of this

Tenancy provided that there shall not then be any existing breach or non-
observance or non-performance of the covenants on the Tenants’ part
herein contained.

(4) SALE SUBJECT TO TENANCY

If the Landlords wish to sell, assign, transfer or dispose of the Demised

Premises, such sale, assignment, transfer or disposal shall be SUBJECT to
this Tenancy and the Landlords shall assign all his rights, title, interest and
obligations under this Agreement to the buyer, assignee, transferee or
acquirer of the Demised Premises.

(5) MAINTAIN AND REPAIR

To repair and keep the exterior of the Demised Premises and the roof in
good and substantial repair and to do such structural repairs to the
Demised Premises as may be necessary.

4. THE PARTIES HERETO FURTHER AGREE AS FOLLOWS: -

(1) DEFAULT BY THE TENANT

If the rent hereby reserved or any part thereof shall be unpaid for fourteen
(14) days after becoming payable whether formally demanded or not or if
any of the covenants on the Tenant part herein contained shall not be
performed or observed or if the Tenant shall commit an act of bankruptcy
or suffer the presentation of a petition for liquidation or winding up of the
Tenant as the case may be or enter into any arrangement or composition
for the benefit of its creditors or suffer any distress or execution to be
levied upon the Tenant’s goods, then in any of the said cases it shall be
lawful for the Landlords at any time thereafter to re-enter the Demised
Premises or any part thereof in the name of the whole and thereupon this
tenancy shall absolutely determine and the Security Deposit shall be
forfeited to the Landlords but without prejudice to the right of action of the
Landlords in respect of any breach of the Tenant’s covenants herein
contained.

Upon termination of the Tenancy, the Landlords shall be at liberty to re-

enter the Demised Premises and to evict the Tenant and all other
occupiers of the Demised Premises as well as to remove all the Tenant’s
properties therefrom. In effecting re-entry into the Demised Premises, the

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 Landlords may break open any part of the Demised Premises or to lock up
the same. The Landlords shall not be held liable for any loss or damage
whatsoever caused to the Tenant’s properties as a result of the Landlords
exercising their rights of re-entry as aforesaid.

(2) PRE-DETERMINATION

(i) If the Tenant shall desire to determine this Tenancy before the expira-
tion of the term hereby granted and of such its desire shall give to
the Landlords at least three (3) months’ prior notice in writing and
shall up to the time of such determination pay the rent and reason-
ably perform and observe all the covenants on its part herein con-
tained then immediately on the expiration of the said three (3)
months’ notice the term hereby granted shall thereupon cease and
the Security Deposit shall be refunded to the Tenant but without
prejudice to the claim of the Landlords in respect of any antecedent
breach of the terms and conditions herein contained.

(ii) Subject to the Tenant complying with all the terms and conditions pro-
vided in this Agreement, the Landlords shall not pre-determine this
Tenancy prior to its expiry.

(3) SUSPENSION OF RENTAL AND DETERMINATION OF TENANCY

(i) Subject to Clause 4(4)(ii) hereinbelow provided, in case the

Demised Premises or any part thereof shall at any time during the
term of this Tenancy be destroyed or damaged by fire lightning riot
tempest or other unforeseen causes so as to become unfit for
occupation and use then the Tenant shall have an option either to
terminate this Agreement or to continue with this Tenancy if the
Landlords rebuilding or reinstating the Demised Premise. In the
event of the Landlords deciding to rebuild or reinstate the Demised
Premises then the rent hereby reserved or a fair and just proportion
thereof according to the nature and extent of the damage sustained
shall be suspended and ceased to be payable until the Demised
Premises shall have again been rendered fit for occupation and use.
In the event of the Landlords deciding not to or unable to rebuild or
reinstate the Demised Premises then the rent hereby reserved shall
cease to be payable and the term of Tenancy hereby granted shall
be deemed to be determined from the happening of such
destruction or damage as aforesaid and the Tenant shall peaceably
and quietly leave surrender and yield up to the Landlords
possession of so much of the Demised Premises as shall not have
been destroyed or damaged whereupon the Rental Deposit shall be
refunded to the Tenant in accordance with the terms and
conditions of this Agreement.
(ii) In the event the Demised Premises or any part thereof is destroyed
or damaged by fire due to the act or omission of the Tenant, the
Tenant shall reinstate and rebuild the Demised Premises at his own
costs and expenses as speedily as possible while continuing to pay
the monthly rental until completion of such reinstatement.

(4) RIGHT OF DISTRESS

At the expiration or sooner determination of this Tenancy if the Tenant fail

or refuse to yield up or deliver vacant possession of the Demised Premises,
the Landlords shall give FOURTEEN (14) DAYS notice in writing to the
Tenant to deliver vacant possession of the Demised Premises and if the

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 Tenant fail to yield up or deliver vacant possession of the Demised
Premises within the said fourteen (14) days’ period, it shall be lawful for
the Landlords to lock up the Demised Premises and remove, sell or dispose
off the Tenant’s goods and any other fixture or fittings of the Tenants from
the Demised Premises at their sole discretion without prior notice to the
Tenant and the Tenant shall bear all the costs of such removal or sale
incurred by the Landlords. The Landlords may apply the proceeds of sale,
if any, of the same against the costs and expenses incurred and/or arrears
of rental and any payments due and payable to the Landlords herein but
without prejudice to the right of action of the Landlords in respect of any
antecedent breach of the Tenant’s covenants herein contained.

(5) NO WAIVER OR ACUIESCENCE

No failure or delay on the part of the Landlords in exercising nor any

omission to exercise any right, power, privilege or remedy accruing to the
Landlords upon any default on the part of the Tenants shall impair any
such right, power, privilege or remedy or be construed as a waiver thereof
or any acquiescence to such default; nor shall any action by the Landlords
in respect of any default or acquiescence in any such default, affect or
impair any right, power, privilege or remedy of the Landlord in respect of
any other or subsequent default.

(6) EXEMPTION FROM LIABILITIES

The Landlords shall not be held liable in damages or otherwise to the

Tenants, its servants, agents, invitees, or licencees or any other person
for any damage injury or loss which may at any time during the Tenancy
Period be caused to or suffered by the Tenant its servants agents invitees
or licencees or any of them or to any Demised Premises or goods of the
Tenant or such persons as aforesaid in or about the Demised Premises or
any part thereof occasioned by or arising from but not limited to fire water
storm tempest earthquake insect theft burglary or explosion riots or civil
commotion enemy action or by reason of the defective working stoppage
theft or breakage of any appliances pipes cables apparatus or air-
conditioning plant or other machinery in or used for the purpose of the
Demised Premises or any part thereof or failure of supply of electricity or
other supplies or in any way owing to the overflow of water from any
other part of the Demised Premises or owing to the negligence of the
Tenant or any of such other persons as aforesaid;

(7) TIME OF THE ESSENCE

Time wherever mentioned herein shall be of the essence of this Tenancy.

(8) NOTICES

Any notice under this Tenancy shall be in writing and any notice to the
Tenant shall be deemed to have been sufficiently served if left or sent by
registered post addressed to it at the Demised Premises or send to it by
registered post at the address herein before stated and any notice to the
Landlord shall be deemed to be sufficiently served if left delivered or send
by registered post to the Landlord at the address herein before stated. If
service is by registered post, the service shall be deemed to have been
made FIVE (5) DAYS from the date of posting notwithstanding that the
notice might be returned unclaimed.

(10) COSTS AND STAMP DUTY

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 The legal fee, stamping fees and other expenses respecting this Tenancy
shall be borne by the Landlords and Tenant equally.

(11) GOODS AND SERVICE TAX

It is hereby agreed that the rental for the Demised Premises under this
Agreement is excluding Goods and Service Tax. In the event that the
rental or any part thereof is chargeable with Goods and Services Tax
(hereinafter referred to as “GST”), the Tenants shall bear all GST as may
be imposed pursuant to the Goods and Services Tax Act, 2014 by the
Royal Malaysian Custom on the Tenant or part thereof (as the case may
be) at the applicable rate, and such GST shall be payable by the Tenants
to the Landlords within FOURTEEN (14) DAYS from the issuance by the
Landlord to the Tenants of a tax invoice in respect of the same, and the
amount of GST stated in the said tax invoice, save for manifest error, shall
not be questioned by the Tenant on any account whatsoever.

(12) MISCELLANEOUS

(i) In this Agreement words importing the masculine gender shall

include the feminine and neuter genders and words applicable to
natural persons shall include any body of persons firm or
partnership corporate or unincorporated and words in the singular
shall include the plural and vice versa;
(ii) Each of the parties hereto warrants to the other their power to
enter into this Agreement;
(iii) If at any time during the continuance of this Agreement any
provision, term, condition, stipulation, covenant or undertaking of
this Agreement is or becomes illegal, void, invalid, prohibited or
unenforceable in any respect the same shall be ineffective to the
extent of such illegality, voidness, invalidity, prohibition or
unenforceable without invalidating in any manner whatsoever the
remaining provisions hereof;
(iv) This Agreement shall be binding on the successors-in-titles, heirs,
personal representatives and permitted assigns of the Landlord and
the Tenant;

(v) Headings in capital letters in this Agreement are for reference

purposes only and should not be incorporated into this agreement
and shall not be deemed to be any indication of the meaning of the
provisions to which they relate; and

(vi) all warranties, representations, indemnities, covenants, agreements

and obligations given or entered into by more than one person are
given or entered into jointly and severally unless otherwise specified.

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IN WITNESS WHEREOF the parties hereto have hereunto set their hands and/or seal
the day and year first above written.

SIGNED by )
1. ALAN TAN SI CHUNG ) 1. ………………………………………..
)
)
2. PHANG CHOON FAH (f) ) 2. ………………………………………..
)
)
3. MALCOLM TAN TAI WEI ) 3. ………………………………………..
)
)
4. SOLOMON TAN TAI SIANG ) 4. ………………………………………..
(the Landlords) )
in the presence of: )

Name of Witness:
Occupation:
Address:

SIGNED by )
JAMES GUNARSO SERUNG )
(the Tenant) )
in the presence of: )

Name of Witness:
Occupation:
Address:

Instrument prepared by:

MESSRS. CHONG BROTHERS ADVOCATES
No. 68, Lot 131 (1st Floor), Jalan Petanak,
93100 Kuching Sarawak.
☎ 082-243742, 247507, 414195 & 258752

[Ref: GT-hyy/18/05/TAGR/08]

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[GT/17-Tenancy-Malcolm-Sublot No. 5, 1st Floor, Parent Lot 5494 (formerly Lots 4770 to 4913), Block 225,
Kuching North Land District]

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