TENANCY AGREEMENT (COLDROOM) SPECIMEN

Transcription

1 TENANCY AGREEMENT (COLDROOM) SPECIMEN 1 This Agreement is made on the day of 2015 Parties BETWEEN THE HOUSING & DEVELOPMENT BOARD with its office at HDB Hub, 480 Lorong 6 Toa Payoh, Singapore (hereinafter call the Landlord ) AND Name of Partnership Firm / UEN: / UEN No.: Name of All Partners / NRIC: (1) / (2) / (3) / (hereinafter called the Tenant ). 2 WITNESSETH as follows:- Demise of Premises 2 (a) In consideration of the rent and the Tenant s covenants hereinafter contained the Landlord hereby demises unto the Tenant all the premises at Block XX Wholesale Centre #XXXX Singapore XXXXXX (hereinafter called the premises ) together with the right of the Tenant and others duly authorised by the Tenant and in consensus with the Landlord all others so authorised by the Landlord and all others so entitled thereto at all times during the tenancy hereby created and for all purposes connected with the use of the premises but not for any other purposes: (i) to use the usual entrances, landings and corridors leading to the premises; (ii) to use the lifts and escalators if any is provided for the building; EXCEPTING AND RESERVING unto the Landlord and all others entitled thereto the free and uninterrupted use of all pipes, electric, telephone and other wires, drains and sewer in through or under the premises. To hold the same unto the Tenant from the X day of XXX 20 XX to XX day of XX 20 XX for a term tenancy yielding and paying therefore during the said term without any deduction the rental of: $ XX per month from XXX to XXX; $ XX per month from XXX to XXX and service and conservancy charges of $ XX agreed as exclusive of Goods and Services Tax. per month, the amount stated therein above are expressly 1

2 3 The Tenant hereby covenants with the Landlord as follows: Tenant s Covenants 3.1 (a) (i) To pay the said rent service and conservancy charges monthly in advance, each payment to be made on the 1 st day of the month. Rent & Service Conservancy Charges (ii) To pay and to indemnify the Landlord against Goods and Services Tax chargeable in respect of any payment made by the Tenant under the terms of or in connection with this Agreement or in respect of any payment made by the Landlord where the Tenant hereby agrees in this Agreement to reimburse the Landlord for such payment. Goods and Services Tax 3.1 (b) To accept and pay the revised service and conservancy charges as may be varied by the Landlord or its duly authorised officers or agents from time to time pursuant to the Housing and Development Act. Variation of Service and Conservancy Charges 3.1 (c) If the Tenant fails or neglects to pay all rent service and conservancy charges and any other charges due at the time of the termination of the tenancy, to pay an interest at the rate of 8.5% per annum on the outstanding debt subject to a minimum of $50.00 without prejudice to any right of action or remedy for any antecedent breach of covenant by the tenant. Administrative Charge on Ex-Arrears 3.1 (d) To pay on the execution of this Agreement the sum of $ XX being a deposit which is refundable free of interest by the Landlord to the Tenant at the termination of this Agreement. This deposit is to be subject however to all claims by the Landlord or its duly authorised officers or agents for arrears of rent and service and conservancy charges for destroyed fixtures or fittings for repairs to and redecoration of the premises howsoever occasioned other than by fair wear and tear or the cleaning of the premises on the vacation by the Tenant and for all other breaches or non observance of covenants contained herein on the part of the Tenant to be performed and observed. The amount and nature of the said replacement of fittings repairs redecoration and cleaning and all claims if the Landlord or its duly authorised officers or agents are to be decided upon by the Landlord or its duly authorised officers or agents in its absolute discretion and the Tenant shall not dispute such sums. In the event of the deposit being insufficient to meet the Landlord s or its duly authorised officers or agents claim, the Tenant shall compensate and pay to the Landlord or its duly authorised officers or agents the difference between the said deposit and the amount so claimed by the Landlord or its duly authorised officers or agents. Rental Deposit 3.1 (e) Where rent and/or service and conservancy charges and/or any other charges as may be imposed by the landlord shall be in arrears whether wholly or in part and whether formally demanded or not, the Tenant shall pay to the Landlord or its duly authorised officers or agents penalty for late payment as may be prescribed by the landlord from time to time and at such time pursuant to Section 27 of the Housing and Development Act (Chapter 129). The imposition of such penalty or penalties shall be without prejudice to any other right or action or remedy available to the Landlord by the terms of this Agreement and/or by law for any antecedent breach of covenant by the Tenant. Penalty for Late Payments 3.1 (f) To pay all charges for the supply of water sanitation or electric light or power and all other utilities charges may be determined by the Public Utilities Board to be payable from time to time. Utility 3.2 (a) To use and occupy the premises only for XXXXX and no other purpose and to obtain any licence permission or approval required by the competent authorities at the Tenant s own cost. Pending such approval or if approval be refused, the Tenant shall not be entitled to refund of any payments in whatsoever form made to the Landlord or its duly authorised officers or agents. Not to Permitted Use of Premises 2

3 (unless with the prior written consent of the Landlord or its duly authorised officers or agents 3.2 (b) Where applicable to conduct business under the style of a XXX and not to convert it to any other mode of business without first obtaining the consent of the Landlord or its duly authorised officers or agents in writing and if such consent is granted it shall be given on such terms and conditions as the Landlord or its duly authorised officers or agents may in its entire and unfettered discretion deem fit to impose. Mode of Business 3.3 Not to (unless with the prior written consent of the Landlord or its duly authorised officers or agents): - (a) (b) transfer assign lease mortgage charge let licence sub-let or part with legal or physical possession of the premises or any part thereof in whatsoever manner; effect any form of reconstruction howsoever brought about including any form of amalgamation or merger with or take-over by another company firm body or party; Subletting Assignment Amalgamation and Transfer of Shares (c) self transfer assign exchange or allot any shares to any other company corporation firm or party; (d) enter into any agreement whether verbal or written with any person corporation firm or company where the effect of the said agreement will be a defacto sub-letting assignment licensing or parting with legal or physical possession of the premises or any part thereof to the person corporation firm or company. 3.4 To supply as and when required by the Landlord or its duly authorised officers or agents CERTIFIED TRUE COPY/COPIES of all documents notices returns books receipts papers pertaining to the business of the company or any other documents whether or not in connection with the business which is in the opinion of the Landlord or its duly authorised officers or agents necessary. Supply of documents 3.5 To notify the Landlord or its duly authorised officers or agents immediately of any changes of shareholders or the value of shares held by the shareholders or of any form of reconstruction of the business. Notification of Change 3.6 (a) Not to carry out suffer to be carried out or permit any partitioning renovations alternations additions or structural changes or improvements or other works (hereinafter known as the works ) whatsoever to or within the premises without first having obtained the consent in writing of the Landlord or its duly authorised officers or agents and the permission of all relevant competent authorities and to erect such works in accordance with the conditions thereof. Such works whatsoever to or on or within the premises when consented to in writing by the Landlord or it s duly authorised officers or agents shall only be carried out by contractors approved by the Landlord and removed when required by the landlord or its duly authorised officers or agents at the cost and expense of the Tenant. Alterations Additions and Charges 3.6 (b) Not without the prior consent in writing of the Landlord or its duly authorised officers or agents to add to or in anyway interfere with (other than for the purpose of complying with its obligations hereunder for the repair of the same) the electric wires cables switches junctions or points or the pipes taps or other apparatus installed in connection with the supply or use of electricity water or gas or the telephone installations therein. 3.6 (c) The Tenant is to remove any structure alteration addition or annexure made to the said premises 3

4 without the prior approval in writing of the Landlord or its duly authorised officers or agents if so required by the Landlord or its duly authorised officers or agents and in such case to restore the said premises in all respects to their former state. 3.6 (d) The Tenant shall also provide as and when required by the Landlord or its duly authorised officers or agents a sum(s) known as a reinstatement deposit(s), the amount(s) of which is to be determined at the absolute and unfettered discretion of the Landlord or its duly authorised officers or agents. This deposit may be used as determined by the Landlord or its duly authorised officers or agents to be necessary for putting the premises back to its original position as if the works had not been carried out and also for such other reinstatement of the premises or any part thereof rendered necessary in connection with or arising from the above works as the Landlord or its duly authorised officers or agents in its opinion deems fit and to an extent as it deems satisfactory. The balance, if any shall be refunded to the Tenant without interest only upon the expiry of the tenancy. Reinstatement Deposit 3.7 To keep the whole of the premises in a clean proper and sanitary condition. Refuse Disposal 3.8 (a) To remove and to dispose off at the Tenant s own cost and expense all trade food or bulky waste matter refuse or rubbish whatsoever at the authorised refuse dumping grounds as designated by the relevant authorities of Singapore. 3.8 (b) Not to throw refuse rubbish scrap tins bottles boxes containers of any kind or any articles through and over window or any part of the premises but into the proper bins or containers only. 3.8 (c) To keep all waste and refuse produced at the premises out of sight of the public. 3.8 (d) To pay service charges for the collection of refuse to the Ministry of Environment or any other relevant authorities. 3.8 (e) To provide at the commencement of the tenancy sufficient refuse receptacle/s in conformity with the Environment Public Health Act Chapter 95 and all rules and regulations enacted thereunder as well as all other laws rules and regulations in force from time to time and to maintain or renew such receptacle/s when requested verbally or in writing by the Landlord or its duly authorised officers or agents. 3.8 (f) To ensure to the satisfaction of the Landlord or its duly authorised officers or agents and all relevant authorities the complete safe and efficient disposal of all rubbish litter droppings unauthorised or obnoxious goods or articles waste matter of whatever nature and description including all kinds of pollutants found at or generated at the premises to a place approved by the Landlord or its duly authorised officers or agents or to an approved dumping ground as approved by the relevant authorities at the Tenant s own cost and expenses PROVIDED THAT in the event of any default of the Tenant under this covenant, the Landlord or its duly authorised officers or agents may carry out such measures and works as it deems necessary and all costs and expenses plus an additional 10% as administrative costs incurred thereby shall forthwith be recoverable from the Tenant as a debt owing to the Landlord. 3.9 (a) At all times during the continuance of this tenancy to maintain and preserve the premises and all the fixtures and fittings therein and belongings thereto in a clean proper good and tenantable repair and condition and when notified upon to do so in writing by the Landlord or its duly authorised officers or agents to repair renovate and repaint the interior of the premises or any fixtures or fittings therein to the specification and satisfaction of the Landlord within such period of time as Good & Tenantable Repair 4

5 stated in such written notice failing which the Landlord or its duly authorised officers or agents may enter upon the premises and execute such repairs or works and all the cost and expenses plus an additional minimum sum of 10% as administrative cost thereof shall be a debt due from the Tenant to the Landlord and paid forthwith on demand. 3.9 (b) To report to the Landlord or its duly authorised officers or agents any want of reparation of the structure internal and external parts of the said premises (a) Not to keep store or permit or cause to be kept or stored any fish or meat of whatever kind or nature or matter which require a temperature of less than 2 (two) degrees Celsius at any time in the premises. Food Storage 3.10 (b) The Tenant shall not at any time store any goods or article of whatever nature which is unauthorised by the Landlord or which in the Landlord or its duly authorised officers or agents opinion obnoxious or dangerous and such opinion by the Landlord or its duly authorised officers or agents shall be accepted by the Tenant and shall not be questioned by him (c) Not to carry out or suffer to be carried out permit the sorting, washing, packing or trimming, skinning peeling or sorting of vegetable or fruits or any other matter in the premises Not to keep or permit or suffer to be kept on the premises any matter of a dangerous combustible or explosive nature or the keeping of which may contravene any statute or order or regulation or by-law and not to store or to permit or suffer to be stored on or upon the premises or building matter of a noxious offensive nature. Dangerous Substances 3.12 (a) Not to cause allow any obstruction in the common stairways landings passageways and other common parts of which the premises form part and to share the responsibility of cleaning such common parts with the Tenants of adjacent premises as instructed verbally or in writing by the Landlord or its duly authorised officers or agents. Obstruction 3.12 (b) Not to cause or permit any obstruction in or on the approaches public private roads adjacent to or leading to the said premises or the building of which the said premises (a) The Tenant shall clean maintain and upkeep the grease/oil interceptor serving the premises and the service pipes leading to the grease / oil trap whether these are located within or outside the premise. Maintenance & Management of Premises 3.13 (b) To maintain the premises at all times which in the opinion of the Landlord or its duly authorised officers or agents is a businesslike and orderly manner and a clean hygienic and satisfactory condition and not to permit or suffer any sale by auction to be held at the premises (c) To observe and conform to all regulations restrictions directions and instructions made by the Landlord or its duly authorised officers or agents for the proper maintenance and management of the premises and the building of which the said premises form part as are notified verbally or in writing by the Landlord or its duly authorised officers or agents to the Tenant from time to time (d) To replace and / or repair, with the prior written approval of the Landlord or its duly authorised officers or agents any cracked or broken window panes panel door wall roller shutter or any other shutters at the Tenant s own cost and expense provided that in the event of any default of the Tenant under this covenant, the Landlord or its duly authorised officers or agents may carry out 5

6 such measures and works as it deems necessary and all costs and expenses plus an additional minimum of 10% as administrative costs incurred thereby shall forthwith be recoverable from the Tenant as a debt owing to the Landlord (e) To make good to the Landlord or its duly authorised officers or agents satisfaction and to indemnify the Landlord or its duly authorised officers or agents against any damage injury or loss howsoever caused arising out of in relation to or in consequence of the storage of any goods matter or article of whatever nature in the premises or in the building of which the said premises form part (f) The Tenant shall not nail to the flooring or to the wall or to any other part of the premises in whatever manner any rack apparatus or any other equipment or machinery of the Tenant (g) The Tenant shall ensure that the rack/s or equipment or apparatus or machinery of whatever description or nature in the premises do not lean or touch in any manner the wall or ceiling or any part of the wall or ceiling of the premises (h) The Tenant shall not or cause or suffer or permit any hacking cutting breaking or damaging in any manner the floor or ceiling or the wall or any other part of the premises (i) The Tenant shall not or cause or suffer or permit or tamper or remove in any manner the wall flooring or ceiling or any part of the premises (j) The Tenant shall not at any time or for any reason tamper of meddle remove replace interfere change any or all of the Landlord s pipings wiring system fixtures and fittings found within or without the premises or in building of which the said premises form part (a) To permit the Landlord or its duly authorised officers or agents with or without workmen and others and with or without appliances to enter upon the premises at any reasonable time for the purpose of inspection or carrying out repairs / improvements or supervision of repairs / improvements whether structural or non-structural and howsoever occasioned to the premises whether adjoining vertically or horizontally which the Landlord or its duly authorised officers or agents may in its absolute discretion deem necessary. Access to Premises 3.14 (b) To allow the Landlord or its duly authorised officers or agents with or without notice previously given to enter upon the premises to verify the observance and performance of all the conditions in this Agreement (a) Not to do use or suffer or permit to be done on the premises or any part thereof to be used for any unlawful or immoral purpose or for any purpose from which nuisance or annoyance damage or inconvenience may be caused to the Landlord or to the occupiers of any neighbouring premises or to the member/s of the public. Nuisance and Illegal Use 3.15 (b) Not to permit or suffer any person or persons to sleep or reside in the premises or any part thereof whether temporarily or otherwise. Residence 3.16 (a) Not to place or permit to be placed affixed or hung any articles or thing within or outside any part of the premises in a manner which in the opinion of the Landlord or its duly authorised officers or agents may pose or create a hazard to or endanger any property or the occupiers of the neighbouring premises or the neighbourhood or the public in general. Signs, Name Plates Advertisement 6

7 3.16 (b) Not to install or allow any person or persons to install any television antenna on the roof to or at the balcony or verandah or any part of the premises or building without first having obtained the consent in writing of the Landlord or its duly authorised officers or agents. In the cases where the Landlord provides a communal television antenna system, no consent to install any television antenna shall be given by the Landlord or its duly authorised officers or agents (c) The Tenant shall not erect exhibit paint affix use attach or install on the premises or the exterior thereof or on any window panel door or shutter any flag staff signboard advertisement poster notice shade sunscreen placard curtain device furnishing ornament or object or any other thing whatsoever without the prior consent in writing of the Landlord or its duly authorised officers or agents (d) The Tenant shall at his own costs and expenses affix erect attach or extend at the place designated by the Landlord or its duly authorised officers or agents a signboard of such dimension or type as may be prescribed or approved by the Landlord or its duly authorised officers or agents indicating the name of the Tenant within one month from the date of the commencement of the Tenancy (a) The use of the premises for the sale or storage of any period of time of intoxicating liquors is prohibited. Intoxicating Liquors 3.18 (a) To make good to the Landlord s or its duly authorised officers or agents satisfaction any damage caused to grassed area footpath drains or other part of the Landlord s property which is caused by any vehicle used in the movement of goods chattels or persons to or from the premises (b) The Landlord or its duly authorised officers or agents shall in all cases retain and have the power prescribe the weight and proper position of all heavy equipment articles or goods whatsoever and all damage caused to the building of which the said premises form part thereof or to the common areas by the Tenant or anyone on his behalf however caused and whether or not there be negligence involved shall be made good to the Tenant at the sole expense of the Tenant. The Tenant shall pay to the Landlord or its duly authorised officers or agents the account of such damage made good by the Landlord or its duly authorised officers or agents within seven (7) days of the Landlord or its duly authorised officers or agents notifying the Tenant of the amount thereof (c) To comply with at all times the Landlord s or its duly authorised officers or agents written or verbal direction or instruction currently in force relating to the use of any machinery equipment apparatus vehicles within or without the premises or the building of which the premises is part of To pay the Landlord or its duly authorised officers or agents the cost of any damage or deterioration occasioned to the premises or any part of the premises or any adjacent or neighbouring premises or any part of the Landlord s property and any injury damage caused to any person or property due to or arising from any act default or negligence of the Tenant or the servants agents employees or licensees or invitees of the Tenant or any person who is authorised expressly or impliedly by the Tenant to enter into the premises or any part thereof and to keep the Landlord and/or its agent fully indemnified from and against all actions costs claims and liability whatsoever in respect thereof. Indemnity 7

8 3.20 The Landlord and its duly authorised officers/agents shall have the right at any time and from time to time to make add amend cancel or suspend any rules and regulations in respect of the building of which the said premises form part as in the judgement of the Landlord or its duly authorised officers or agents may from time to time be required for the management safety care or cleanliness of the said building or for the preservation of good order therein or for the convenience of tenants and all such rules and regulations shall bind the Tenant upon and from the date of which notice in writing thereof is given to him by the Landlord or its duly authorised officers or agents In all respects to comply forthwith at the Tenant s own expense with the provisions of any Act Ordinance Bye- Laws Rules Regulations and any other obligations, imposed by law upon either the Landlord or the Tenant in regard to the said premises and to indemnify the Landlord or its duly authorised officers or agents from and against all actions proceedings costs expenses claims and demands which may be brought made or incurred against or by the Landlord or its duly authorised officers or agents in consequence of such non-compliance as aforesaid The Tenant shall adopt and implement every reasonable precaution against fire and comply with all the recommendations of the Landlord or its duly authorised officers or agents (if any) as to fire precaution to the premises. Fire 3.23 The Tenant shall not do or permit to be done on the said premises anything whereby any insurance that may be effected by the Landlord on the premises or any of the adjoining or adjacent premises or part thereof respectively may be rendered void or voidable or whereby the rate or premium thereon may be increase, and to reimburse the Landlord for any sums paid by way of increased premium and for all expenses incurred by the Landlord in or for the renewal of such policy or policies that is rendered necessary by a breach or non-observance of this converant and all payments shall be added to the rent hereinbefore reserved and recoverable as rent. Insurance 3.24 To yield up the premises together with all keys thereto and all fixtures and fittings therein at the expiry or sooner determination of the tenancy in good and tenantable repair (fair wear and tear excepted) and in a clean and tidy condition and to restore the same to its original state and condition to the satisfaction of the Landlord or its duly authorised officers or agents. Yielding up of Premises 3.25 The Landlord or its agent may at the written request of the Tenant made 3 calendar months before the expiration of the term hereby created (unless the same shall have been determined under any of the provisions herein contained) and if there shall not at the time of such request be any breach of the terms and conditions on the part of the Tenant herein contained at the expense of the Tenant grant to them a tenancy of the demised premises for a further term of 3 (three) years from the expiration of the term hereby created containing the like terms and conditions as are herein contained ( but with the exception of the present clause for renewal ) and at market rent prevailing at time of renewal to be decided by the Landlord or its duly authorised officers or agents. Further if the Tenant does not sign a new Agreement for the further term within 2 weeks of the request, the Landlord or its duly authorised officers or agents shall be free of all obligations of any whatsoever to grant to the Tenant any further term hereunder. Renewal 8

9 3.26 Without prejudice to any other course of action that may be available to the Landlord in the event of breach of the covenants as contained in clause 3.6(a), (b), (c), and 3.16(a), (b), (c), (d) above, the Landlord or agents with or without workmen and others and with or without appliances shall be at liberty to enter upon the premises or any part thereof for the purpose of demolishing or removing any unauthorised works or installations made or erected in breach of the abovementioned covenants and restoring the premises to their former state and the expenses and cost incurred plus an additional minimum of 10% as administrative cost shall be a debt due from the Tenant to the Landlord as rent and paid forthwith on demand. Breach of Sub-Clause 3.6 (a) to 3.6 (c) and 3.16 (a) to 3.16 (d) 3.27 In the event that the premises are recovered by HDB pursuant to any relocation programmes, the Tenant s eligibility for any relocation benefits and / or ex-gratia payment whatsoever shall be subject to HDB s prevailing conditions; Provided that such relocation benefits and / or ex-gratia payments shall automatically be withdrawn without notice to the Tenant if Tenant shall cease to be eligible or if the shareholding of the original Tenant or partner or shareholder is less than 51% or a Non-Singapore Citizen partner or shareholder has been included in the Tenant s constitutions. Eligibility for ex-gratia benefits 4 PROVIDED ALWAYS and it is hereby agreed as follows:- Non Liabilities 4.1 Notwithstanding anything herein contained the Landlord and/or its agent shall not be liable to the Tenant nor shall Tenant have any claim of whatsoever nature against the Landlord and/or its agent in respect of :- 4.1 (a) Any disruption in any of the services including but not limited to electrical supply and all loss, damages to good and chattels or any other matter whatsoever by reason of necessary repair / improvements whether structural or non-structural or maintenance / any installation, apparatus mechanical or other defect breakdown or other inclement conditions or shortage of electricity or damage thereto or destruction thereof by fire water act of God or any other cause. 4.1 (b) Any loss / damage suffered by the Tenant to goods and chattels including but not limited to electrical appliances whether arising out of any electrical mechanical defect or malfunction or any other cause. 4.1 (c) Any act omission or negligence of any servant employee or agent of the Landlord whether or not in or about the performance or purported performance of any duty or within the scope of employment or authority of the servant employee or agent. 4.1 (d) The Landlord and/or its agent shall not be liable to the Tenant the Tenant s servants employees agents licensees visitors or others who may be permitted to enter or use the premises or any part thereof for any accident happening or injury sustained or for any loss of or damage to property goods or chattels in the premises or any part thereof whether arising out of any act default or negligence of the Landlord or that of any servant employee or agent of the Landlord or otherwise. 4.2 No consent or waiver expressed or implied by the Landlord or its duly authorised officers or agents to or of any breach of any covenant condition or duly of the Tenant shall be construed as a consent or waiver to or of any other breach of the same or any other covenant condition or duty and shall not prejudice in any way the rights powers and remedies of the Landlord or its duly authorised officers or agents herein contained. Any acceptance of rent and/or service and conservancy charges hereby reserved by the Landlord or its duly authorised officers or agents shall not be deemed to operate as a waiver by the Landlord or its duly authorised officers or agents of any right to proceed against the Tenant in respect of a breach by the Tenant or any of his obligations hereunder. Without Prejudice 9

10 4.3 Whenever the consent or the approval of the Landlord or its duly authorised officers or agents is required under this Tenancy Agreement such consent or approval if granted, shall be subjected to such terms and conditions (including all fees as deemed necessary) as the Landlord or its duly authorised officers or agents in its entire and unfettered discretion deem fit to impose. Consent 4.4 (a) All notices including Notice to Quit which the Landlord or its duly authorised officers or agents may require to be given to the Tenant shall be in writing and shall deemed to sufficiently served if they are posted upon some conspicuous part of the premises or forwarded to the Tenant at the premises by registered post. Service of Notice 4.4 (b) Either party may be three (3) months notice in writing expiring upon the last day of any month without furnishing any reason whatsoever terminate the tenancy hereby granted and immediately upon the expiration of such notice as aforesaid the said tenancy shall cease and terminate but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claims or breach of covenant/s. Provided always that if the Tenant is in arrears of more than one (1) month s rent, the Landlord or its duly authorised officers or agents may terminate the tenancy by giving a one (1) month s notice in writing to the Tenant. Termination 4.5 PROVIDED ALWAYS THAT if the rent, service and conservancy charges hereby reserved or any part thereof shall at any time be in arrears or unpaid for fourteen (14) days after the same shall have become due (whether formally or legally demanded or not) or if the Tenant shall at any time fail or neglect to perform and observe any of the covenants and conditions herein contained on his or their part to be performed and observed or if the Tenant shall commit an act of bankruptcy or if the Tenant being a company shall be wound up whether voluntarily or compulsorily otherwise than for the purpose of amalgamation or reconstruction or if the Tenant for the time being shall enter into any arrangement or composition for the benefit of the Tenant s creditors or shall suffer any distress or execution to be levied on the Tenant s goods then and in any such event the Landlord or its duly authorised officers or agents may at any time thereafter re-enter upon the demised premises or any part thereof in the name of the whole and thenceforth hold and enjoy the same as if this tenancy had not been granted but without prejudice to any right of action or remedy of the Landlord or its duly authorised officers or agents for any antecedent breach of covenant by the Tenant. Power of Re-entry 4.6 The HDB is entitled to assign all its rights and interest and transfer its obligations under the Tenancy (including transfer of the Security Deposit) to another person ( In-coming Landlord ). If the HDB does so, the Tenant is deemed to have consented to such assignment or novation and shall accept the In-coming Landlord as the new landlord and release the HDB from all its obligations/liabilities under the Tenancy, including its obligation to refund the Security Deposit and all other sums pursuant to the Tenancy. If required by the HDB, the Tenant must execute any such document relating to the assignment or novation with the HDB and the In-coming Landlord. Landlord s Rights to Novation/ Assignment of Agreement 4.7 All expenses, legal or otherwise, in connection with the preparation, execution and stamping of this Agreement in duplicate shall be borne by the Tenant and payable forthwith on demand. Legal and Other Costs 4.8 (a) Words importing the singular number include the plural number and vice versa and words importing the masculine gender include the feminine gender and words importing persons import also corporations. (b) The headings and marginal notes appearing in this Agreement are inserted only as a matter of convenience and in no way define limit construe or describe the scope of intent of the sections or clauses of this Agreement nor in any way affect this Agreement. Marginal Notes 10

11 IN WITNESS WHEREOF the parties have hereunto set their hands the day and the year first above written. Signed by For and on behalf of the ) HOUSING AND DEVELOPMENT BOARD ) Witnessed by Signed by The Tenant, who has affixed his) ) Right Thumb Print/signature hereto) ) Signature of Tenant Name : Witnessed by NRIC No : For and on behalf of [ XXXXXX ] (Company s / Firm s name) 11