All terms and conditions on this sample document are subject to change by the Government without prior notice.

Transcription

1 All terms and conditions on this sample document are subject to change by the Government without prior notice. AN AGREEMENT made this day of BETWEEN The Government of the Hong Kong Special Administrative Region care of the Government Property Administrator, Government Property Agency, 31st Floor, Revenue Tower, No.5 Gloucester Road, Wanchai, Hong Kong (hereinafter called "the Landlord") of the one part and <Tenant Name> (hereinafter called "the Tenant") of the other part whose address is situated at <Tenant Address>. WHEREBY IT IS MUTUALLY AGREED AS FOLLOWS : 1. The Landlord shall let and the Tenant shall take All That portion of the messuage and premises situate at <Premises Street> (hereinafter referred to as the said Building ) which said portion consists of All That Flat <No.> on the <No.> Floor and Carparking Space No. <No.> (hereinafter called the said Premises ) Together with the use in common with the Landlord and any other tenants or occupiers of the said Building of the entrances staircases landings passages lift lobbies walkway and all other common areas (hereinafter called "the Common Areas") so far as the same are necessary to the enjoyment of the said Premises and of the lifts whenever the same shall be operating and also subject to the House Rules from time to time in force for the term of TWO years commencing on the <No.> Day of <Date> ( Commencement Date ) and expiring on the <No.> Day of <Date> at the calendar monthly rent of Hong Kong Dollars <Amount> Thousand Only (HK$ <Amount>) payable monthly in advance on the first day of each and every calendar month throughout the term clear of all deductions whatsoever and exclusive of rates and other charges. Notwithstanding the above, it is hereby agreed that no rent is payable for the period commencing on <Date> to <Date> both days inclusive ( the Rent-Free Period ) provided that the tenant shall pay all outgoings including but not limited to rates, management fees,

2 electricity, gas, water and any other utilities consumed in the said Premises during the Rent-Free Period. 2. THE TENANT HEREBY AGREES WITH THE LANDLORD as follows:- (a) To pay the rent hereby reserved monthly in advance to the Landlord in Hong Kong Currency on the days aforesaid. (b) To pay and discharge punctually during the said term all charges for electricity water gas telephone rental and other outgoings from the Commencement Date or at any time hereafter consumed by the Tenant and chargeable in respect of the said Premises and to pay all necessary deposits required by the relevant utility companies or the Landlord's Managing Agent for the same. (c) To accept the said Premises in such state and condition as existing on the date on which possession of the said Premises is given. (d) To pay and discharge punctually to the Landlord during the said term the management fees being the monthly contribution towards the costs charges and expenses for the maintenance management and security service of the said Building (including the Common Facilities) chargeable in respect of the said Premises. Such management fees shall be determined by the Landlord or its Management Agent and shall be subject to revision from time to time as the Landlord or its Management Agent shall determine. (e) To pay and discharge punctually all rates taxes assessments duties charges impositions and outgoings whatsoever from the Commencement Date or 2

3 hereafter to be imposed or charged by the Government of the Hong Kong Special Administrative Region or other lawful authority on the said Premises or upon the owner or occupier in respect thereof (Government Rent and Property Tax excepted) and in the event that the said Premises have not yet been assessed to rates, pay to the Landlord provisional rates on demand equivalent to 5% of the rent hereby reserved, and pay to the Landlord or the relevant authority rates quarterly in advance upon assessment of rates by the Rating and Valuation Department. (f) To keep all the interior of the said Premises and the installations provided by the Landlord (hereinafter referred to as the Installations ) and Fixtures & Fittings therein (which expression shall include those fixtures affixed to the said Premises by the Landlord at the commencement of or during the term of the tenancy hereby created) including but not limited to all doors windows and electric wiring installations in good clean tenantable substantial and proper repair and condition (fair wear and tear excepted) and to so maintain the same throughout the term of the tenancy at the expense of the Tenant and to deliver up the same to the Landlord at the expiration or sooner determination of the term in the like condition. The Tenant particularly agrees to replace all broken or damaged windows whether the same be broken or damaged by the negligence of the Tenant or owing to circumstances beyond the control of the Tenant. (g) To take all reasonable precautions to protect the interior of the said Premises from damage threatened by an approaching storm or typhoon. (h) Not to remove the installations provided by the Landlord (hereinafter referred to as "the Installations") or permit or suffer the same to be removed 3

4 from the said Premises except by the Landlord for the purpose of necessary repairs or unless approval has been given by the Landlord in writing and to deliver up the same to the Landlord at the expiration or sooner determination of this Agreement. (i) That if any damage is caused to the Landlord or to any other person whomsoever directly or indirectly through the defective or damaged condition of any part of the interior of the said Premises (including but not limited to doors windows electric wiring installations) and the Landlord's Fixtures therein then the Tenant shall be wholly responsible therefor and shall make good the same by payment or otherwise and shall fully indemnify the Landlord and its Managing Agent against all claims demands actions and legal proceedings whatsoever made upon the Landlord and/or its Managing Agent by any person in respect thereof. (j) Not to make or permit to be made any alterations in or additions to the said Premises or cut maim or injure or suffer to be cut maimed or injured any walls or timbers thereof or any trees plants and shrubs in the said Building and the grounds adjoining thereto. The Tenant particularly agrees not to paint or re-paint the interior or exterior woodwork of the said Premises (including the doors door frames skirting boards and window boards) without the prior approval of the Landlord. (k) (i) To permit the employees or agents of the Landlord and its Managing Agent with or without workmen or others and with or without appliances at all reasonable times to enter upon the said Premises for the following purposes :- (1) to view the condition of the said Premises ; 4

5 (2) to take or verify inventories of the Landlord's Fixtures in the said Premises ; and (3) to carry out all repairs or improvements to the said Premises or the said Building which the Landlord and/or its Managing Agent consider necessary or proper to be done. (ii) The Landlord may give to the Tenant or leave upon the said Premises notice in writing of all defects and wants of repair found in the said Premises for which the Tenant is responsible and the Tenant shall within fourteen days after delivery of every such notice well and sufficiently repair and amend such defects and wants of repair accordingly (such repair works shall only be carried out by a contractor approved in writing by the Landlord or its Managing Agent). (iii) In the event of the Tenant not complying with such notice in all respects the Landlord and the Landlord's agents with or without workmen or others and with or without appliances may enter upon the said Premises to remedy all or part of such defects or wants of repair and shall be entitled to charge the cost thereof to the Tenant which the Tenant shall forthwith pay upon written demand. (l) Not to assign underlet or otherwise part with the possession of the said Premises or any part thereof either by way of subletting lending sharing or other means whereby any person or persons not a party to this Agreement obtains the use or possession of the said Premises or any part thereof irrespective of whether any rental or other consideration is given for such use or possession and in the event of any such transfer subletting sharing assigning or parting with possession of the said Premises (whether for 5

6 monetary consideration or not) this Agreement shall at the discretion of the Landlord absolutely determine and the Tenant shall forthwith surrender the said Premises to the Landlord whereupon Clause 4(a) hereof shall apply. The prohibition stated in this clause shall not apply to the Tenant's employee and his family and servants, provided that if such occupant shall cease to be employed by the Tenant for any reason whatsoever during this Agreement, the Tenant shall be responsible to ensure that the said Premises shall thereupon be vacated by such occupant. (m) Not to do or permit or suffer anything in or upon the said Premises or any part thereof which may at any time be or become a nuisance or annoyance to the tenants or occupiers of the said Building or neighboring premises or in anywise be against the laws or regulations of Hong Kong. (n) At all times to comply with the house rules and such house rules as the Landlord and/or its Managing Agent may from time to time introduce as it may deem necessary for the management and control of the said Building and any alteration and/or amendment of such house rules. This Agreement shall be in all respects subject to such house rules which when notified to the Tenant in writing shall be deemed to be incorporated herein and the Tenant shall ensure that all such rules are faithfully observed by the agents servants visitors guests and licensees of the Tenant. The Landlord and/or its Managing Agent shall not be responsible for or under any liability to the Tenant for the non-observance or violation of such house rules by any other tenant or person. (o) Not to do or suffer any act which shall amount to a breach of the conditions or a non-observance of any negative or restrictive covenant contained in the 6

7 Government Lease or of the relevant Deed of Mutual Covenant (if any) under which the said Premises are held. (p) Not to keep or store or cause or permit or suffer to be kept or stored any arms ammunition unlawful goods gun powder saltpeter kerosene or other explosive or combustible substance on or in any part of the said Premises or do or cause to be done or suffer or permit any act deed matter or thing whatsoever in contravention of the terms or conditions under which the said Premises are held from the Government or of the relevant Deed of Mutual Covenant (if any). (q) Not to use the said Premises or any part thereof for any illegal or immoral purpose. (r) Not to use the said Premises for any purpose other than private residential purpose (excluding staff quarters unless the Premises are to be occupied as one single family residence). (s) Not to produce or suffer or permit to be produced at anytime in the said Premises any music or noise (including sound produced by broadcasting from television radio and any apparatus or instrument capable of producing or reproducing music and sound) so as to constitute a nuisance or annoyance or otherwise to give cause for reasonable complaint on the part of the occupants or tenants of other portions of the said Building or of neighboring premises or buildings. (t) Not to use or permit to be used the passenger lifts of the said Building for the purpose of carrying any furniture or goods or heavy articles without the 7

8 prior consent of the Landlord or its Managing Agent in writing and to observe the regulations affecting the use of all lifts as indicated therein or intimated by the Landlord its Managing Agent or its servants from time to time. (u) Not to do or cause or permit or suffer to be done anything which shall increase the risk of the said Premises or other parts of the said Building to fire explosion storm or tempest and to indemnify the Landlord against such loss or damage which the Landlord may have suffered as a result of the Tenant's act or default. (v) Not to display affix or put up any signboard illuminated sign curtain decorative blind screen or other thing whatsoever outside the said Premises or the said Building or on any door wall balcony or window. The Landlord shall have the right to remove at the cost and expense of the Tenant any signboard illuminated sign curtain decorative blind screen or other thing which shall be affixed displayed or put. The Tenant acknowledges that the exterior walls of the said Building including the exterior walls of the said Premises shall be the exclusive property of the Landlord. (w) Not to encumber or obstruct or permit to be encumbered or be obstructed with any boxes packaging or other obstruction of any kind or nature any of the Common Areas lifts or other parts of the said Building in common use and not to leave rubbish or any other article or thing in any part of the said Building not in the exclusive occupation of the Tenant. In addition to any other remedies which the Landlord may have hereunder the Landlord its Managing Agent or their servants may without prior notice to the Tenant remove such obstruction and dispose of the same as he/they may think fit 8

9 without incurring any liability therefor and the Tenant shall on demand pay to the Landlord and/or its Managing Agent all costs and expenses incurred thereby. (x) To be wholly responsible for any loss damage or injury caused to any other person whomsoever directly or indirectly through the defective or damaged condition of any part of the interior of the said Premises and the contents therein for which the Tenant is responsible hereunder and to make good the same by payment or otherwise and to indemnify the Landlord and its Managing Agent against all actions proceedings claims and demands made upon the Landlord and/or its Managing Agent in respect of any such loss damage or injury and all costs expenses incidental thereto. (y) To surrender the said Premises the Landlord's Fixtures and the Installations to the Landlord at the expiration of this Agreement. The Tenant acknowledges that he shall not be entitled to any extension or renewal of this Agreement at its expiration. (z) At the expiration or sooner determination of this Agreement to deliver up to the Landlord the said Premises and the Landlord's Fixtures in a state of good repair and condition and to reinstate the said Premises to its original condition (fair wear and tear excepted). (za) In the event of the Tenant installing private air-conditioning units in the Premises with the prior written consent of the Landlord, to comply with the direction and instructions of the Landlord or its Managing Agent regarding the type of unit and installation thereof and at his own expense be responsible for their maintenance and repair in full and proper condition at 9

10 all times and for replacement of defective wiring and be strictly liable for any damage caused directly or indirectly by the installation operation maintenance repair or removal of such units and be responsible for full and sufficient reinstatement of the Premises at the expiration or sooner determination of this Agreement to the Landlord's satisfaction unless directed otherwise by the Landlord. The Tenant particularly agrees to make adequate provision to ensure against the dripping of water condensation from such air-conditioning units and to ensure that such condensation be collected and discharged within the said Premises. Any damage to the fabric of the Building resulting from a breach of this provision shall be made good at the sole expense of the Tenant. (zb) Not to overload the electrical wiring, cables or apparatus associated therewith in or serving the said Premises and to comply in all respects with all requirements and regulations of the utility authorities or the Landlord with respect to the utilities. 3. THE LANDLORD AGREES WITH THE TENANT as follows :- (a) That the Tenant paying the rent hereby reserved and performing and observing the agreements by the Tenant hereinbefore contained may peacefully hold and enjoy the said Premises during the said term without any interruption by the Landlord or any person lawfully claiming through or in trust for him. (b) To maintain and keep the main structure and exterior walls of the said Building and every part of such main structure and exterior walls in proper and tenantable repair and condition PROVIDED that the Landlord's liability hereunder shall not be deemed to have arisen unless and until written notice 10

11 of any want of repair of the same shall have been previously given by the Tenant to the Landlord and the Landlord shall have failed to take steps to repair the same after 14 days or such longer period of time as may be found necessary by the Landlord and notify to the Tenant And Provided that the Landlord shall not be required to repaint or whitewash any internal or external part of the said Premises. 4. PROVIDED ALWAYS AND IT IS MUTUALLY AGREED as follows :- (a) That if and whenever any part of the rent hereby reserved shall be in arrears for fifteen days (whether the same shall have been formally demanded or not) or if and whenever there shall be a breach of any of the agreements by the Tenant hereinbefore contained or if the Tenant shall commit any act of bankruptcy or go into liquidation or enter into any composition or arrangement with his creditors or shall suffer execution to be levied upon any of his goods or effects the Landlord shall upon the happening of any such event be entitled to re-enter upon the said Premises or any part thereof in the name of the whole and thereupon this Agreement shall absolutely determine but without prejudice to any rights which may have accrued to the Landlord by reason of any antecedent breach of any of the obligations on the part of the Tenant hereinbefore contained AND the deposit paid hereunder shall be forfeited to the Landlord as and for liquidated damages and not as penalty but without prejudice to the Landlord's right to claim any further damages which the Landlord shall have sustained or may sustain AND a written notice by the Landlord served on the Tenant or left at the said Premises to the effect that the Landlord thereby exercises the power of reentry shall be a full and sufficient exercise of such power without actual entry on the part of the Landlord. 11

12 (b) For the purpose of these presents any act default or omission of the agent servant licensee visitor guest or employee of the Tenant shall be deemed to be the act default or omission of the Tenant. (c) On or before the signing of this Agreement the Tenant shall pay to the Landlord the sum of HK$ <Amount> by way of deposit as security for the due payment of the rent, management fees, rates, taxes, assessments and duties payable by the Tenant and the due performance and observance of the agreements, stipulations and conditions on the part of the Tenant herein contained. At the expiration or sooner determination of this Agreement if the Tenant shall have paid all rent, management fees, rates, taxes, assessments and duties payable hereunder and shall have duly settled any outstanding claims of the Landlord and its Managing Agent and if there shall be no breach of any of the agreements on the Tenant s part to be observed and performed the Landlord will repay to the Tenant the said sum of HK$<Amount> without any interest thereon within 30 working days, excluding Saturdays, Sundays and public holidays, after the Tenant shall have duly delivered to the Landlord vacant possession of the said Premises but if there shall be any arrears of rent, management fees, rates, taxes, assessments and duties or if there shall be any outstanding utility or other charges in connection with the enjoyment of the said Premises the Landlord may apply such deposit towards payment of such arrears of rent, management fees, rates, taxes, assessments and duties or in settlement of such outstanding utility or other charges and if there shall be any breach of the said agreements, stipulations and conditions or any of them the Landlord shall pay or apply the said deposit or such part thereof towards remedying such breach (in so far as this may be possible) and shall only pay the balance (if any) of the said deposit to the Tenant. and PROVIDED that nothing 12

13 herein contained shall be so constructed as preventing the Landlord from recovering from the Tenant damages in respect of such default over and above the deposit and PROVIDED FURTHER that the payment of the deposit shall not be deemed or considered as a payment of rent or other charges in advance and accordingly in any action for non-payment of rent, management fees or the rates, taxes, assessments, duties and outgoings as aforesaid the Tenant shall be deemed to be in default if the same are not paid in accordance with the terms and conditions herein contained. (d) The Tenant hereby expressly declares that he has paid no premium construction fee key money or other sum of money of a similar nature to the Landlord or other persons authorised by him for the possession of the said Premises or for the granting of this Agreement. (e) In the event of the said Premises or any part thereof at any time being damaged or destroyed by fire water storm wind typhoon defective construction white-ants earthquake subsidence of the ground or any other cause (not attributable to the act or default of the Tenant) so as to be rendered unfit for use and occupation or being declared unfit for use and occupation or becoming subject to a closure order or is inaccessible due to any cause whatsoever then the rent hereby stipulated or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the said Premises shall be again rendered fit for occupation and use And the Landlord shall pay to the Tenant the amount of any such abatement in so far as the rent shall have been paid in advance provided the amount of such abatement shall be such sum as shall either be agreed between the parties in writing or in the event of failure by the parties to reach agreement by a single arbitrator in accordance with the provisions of the Arbitration Ordinance 13

14 Chapter 341 of the Laws of Hong Kong or any statutory modification or reenactment thereof for the time being in force AND provided always that the Landlord shall be under no obligation to reinstate the said Premises if by reason of the condition of the said Premises or any local regulations or other circumstances beyond the control of the Landlord it is not practicable or reasonable so to do and provided that if the Landlord shall fail to reinstate the said Premises within three months of receiving a written notice to reinstate the same from the Tenant or if the said Premises are declared unfit for use and occupation or shall remain subject to the said closure order or otherwise remain uninhabitable for a period of three months the Landlord or the Tenant may forthwith or within a reasonable time thereafter terminate this Agreement without prejudice to the Landlord's rights and remedies against the Tenant in respect of arrears of rent and any antecedent breach of the terms and conditions herein by the Tenant. (f) The Landlord shall not be under any liability to the Tenant or to any other person whosoever in respect of any loss or damage to person or property sustained by the Tenant or any such other person caused by or through or in any way owing to the overflow of water or the escape of fumes smoke fire or any other substance or thing from anywhere within the said Building. The Tenant shall fully and effectually indemnify the Landlord and its Managing Agent from and against all claims and demands made against the Landlord and/or its Managing Agent by any person in respect of any loss damage or injury caused by or through or in any way owing to the overflow of water or the escape of fumes smoke fire or any other substance or thing from the said Premises or to the negligence or default of the Tenant his servants agents or licensees or to the defective or damaged condition of the interior of the said Premises the Landlord's Fixtures the Installations or any fixtures or fittings 14

15 therein for the repair of which the Tenant is responsible hereunder and against all costs and expenses incurred by the Landlord and/or its Managing Agent in respect of any such claims or demands. (g) That Part IV of the Landlord and Tenant (Consolidation) Ordinance Chapter 7 does not apply to this Agreement. (h) Acceptance of rent by the Landlord shall not be deemed to operate as a waiver by the Landlord of any right to proceed against the Tenant in respect of any breach non-observance or non-performance by the Tenant of any of the agreements stipulations and conditions herein contained and on the Tenant's part to be observed and performed. (i) The rent payable in respect of the said Premises shall be and be deemed to be in arrears if not paid in advance at the time and in manner hereinbefore provided for payment thereof. All costs and expenses of and incidental to the demand for rent or distraint shall be paid by the Tenant and be recoverable from the Tenant as a debt. Interest at the rate of 2% per annum above the prevailing Best Lending Rate quoted by the Hong Kong and Shanghai Banking Corporation Limited from time to time shall be charged on the rent, rates and/or other moneys unpaid from the date due for payment to the date of actual payment if the whole or any part of the rent, rates and/or other moneys due under this Agreement shall remain unpaid fifteen days after they have become due. (j) Any notice under this Agreement shall be in writing and any notice to the Tenant shall be sufficiently served if sent by post to the address of the said Premises or left at any part of the said Premises or sent to its registered 15

16 office by registered post or left at its last known business address in Hong Kong and any notice to the Landlord shall be sufficiently served if sent by registered post or left at the last known business address of the Government Property Agency in Hong Kong. (k) Each party shall bear its own solicitors' costs of and incidental to this Agreement. (l) The Tenant shall pay the adjudication fee and 50% of the stamp duty (if any) chargeable. (m) The Landlord and their agents accept no responsibility for any accident or damage which may be caused to the Tenant or any occupier of the said Premises or their servants agents visitors guests and licensees arising from any defect in or operation of any lift in the said Building or from the use of the Common Facilities or arising from accidents which take place in the Common Areas of the said Building. (n) The Landlord may at any time stop the supply of water or electricity to the said Premises or any part thereof or the use of telephone for the purpose of repairing or maintaining any part of the said Building or water pipes or water tanks used in or about the said Building as may be reasonable in the interest of the tenants of the said Building and shall not be responsible to the Tenant for any loss or injury occasioned by such stoppage as aforesaid. (o) In the event of fire typhoon or other contingencies or emergency which in the opinion of the Landlord and/or its Managing Agent may cause or threaten to cause damage or injury to the said Premises, the Landlord and/or 16

17 its Managing Agent shall have the power in the absence of the Tenant to break open any outer door or windows of the said Premises and to do such other things as may be necessary to prevent the said Premises from being damaged or injured and in such event the Landlord and/or its Managing Agent shall not be answerable to the Tenant for any loss or damage which the Tenant may sustain thereby. (p) The Tenant hereby agrees that so long as the Landlord remains the owner of the said Building or any part thereof the Landlord shall be in charge of the management of the said Building who shall be at liberty to appoint any other managing agent to manage the said Building at the Landlord's discretion. (q) That in the event and so long as the Landlord remains the owner of the said Building, the Landlord and/or its Management Agent shall keep the Common Areas, Lifts and Common Facilities in a clean condition and in working order ( where appropriate ). Otherwise the Common Areas, Lifts and Common Facilities shall be managed by the Building Manager ( as employed by the Owners Committee or the Owners Incorporation of the said Building) in accordance with the relevant Deed of Mutual Covenant under which the said Premises are held. (r) It is hereby declared and agreed that at any time after the expiration of twelve (12) months from the date of commencement of the tenancy, the Tenant shall have the right to determine this Agreement provided:- (i) not less than three (3) months prior written notice or payment in lieu of notice shall be given to the Landlord by the Tenant. For the avoidance of doubt, such notice or payment in lieu of notice shall not be given prior to <Date>; that is a minimum lease term of fifteen (15) months is 17

18 required before the Tenant may terminate the lease; and (ii) at the time of giving such notice or making such payment in lieu of notice, there shall be no rent due or owing and no existing breach or non-observance of any of the covenants on the part of the Tenant herein contained; and (iii) such determination shall not prejudice the right of the Landlord in respect of any antecedent breach on the part of the Tenant of any of the terms herein contained. (s) The Tenant acknowledges that once the written notice pursuant to Clause 4(r)(i) above has been served by the Tenant, no new tenancy or renewal of tenancy agreement in respect of the said Premises will be granted by the Landlord to the Tenant. The Tenant shall deliver vacant possession of the said Premises to the Landlord in a state of good repair and condition and properly reinstate the said Premises to its original condition (fair wear and tear excepted) upon the expiration of the written notice. The Tenant shall have no objection nor any claim for compensation whatsoever arising from the Landlord s refusal to grant or renew a tenancy in respect of the said Premises. (t) The Landlord shall have the right to early terminate this Agreement by giving three (3) months prior written notice to the Tenant provided that such notice shall not be served earlier than <Date>. (u) The Tenant agrees not to hold the Landlord liable or responsible for any annoyance, disturbance, nuisance, injury, loss or damage caused to or suffered by the Tenant, his family, licensees, visitors or invitees by reason of any renovation, refurbishment, decoration, improvement or other works 18

19 (hereinafter referred to as "the Works") carried out to the said Building or any part or parts thereof for whatever period of time by the authority of the owners' incorporation or the owners' committee or the Manager of the said Building, and no claims whatsoever for compensation, reduction in rent or otherwise shall be made by the Tenant against the Landlord by reason thereof. The Landlord does not warrant or guarantee that the Works or any of them will not be commenced or carried out during the term of this tenancy. (v) The Tenant acknowledges that the Carparking Space No. <No.> shall not be used for any purpose other than parking of one private car currently licensed under the Road Traffic Ordinance (Cap. 374). Storage of goods and/or chattels in the Carparking Space No. <No.> shall be strictly prohibited and shall amount to a breach of this Agreement upon which the Landlord shall be entitled to re-enter upon the said Premises and terminate this Agreement. (w) The Tenant agrees not to hold the Landlord liable or responsible for any annoyance, disturbance, nuisance, injury, loss or damage caused to or suffered by the Tenant, his family, licensees, visitors or invitees by reason of any renovation, refurbishment, decoration, improvement or other works (hereinafter referred to as "the Works") carried out to the said Building or any part or parts thereof or nearby the said Building for whatever period of time by the authority of the Landlord or the owners' incorporation or the owners' committee or the Managing Agent of the said Building, and no claims whatsoever for compensation, reduction in rent or otherwise shall be made by the Tenant against the Landlord by reason thereof. The Tenant also acknowledges that he is not entitled to terminate the tenancy earlier than 19

20 that permitted under other clauses as provided in this Agreement due to the presence of the Works. The Landlord does not warrant or guarantee that the Works or any of them will not be commenced or carried out during the term of this tenancy. 5. (a) Unless the context otherwise requires, words herein importing the masculine gender shall include the feminine and neuter genders and words herein importing the singular number shall include the plural number and vice versa. (b) This Agreement shall in all aspects be governed by and construed in accordance with the laws of Hong Kong. 20

21 IN WITNESS WHEREOF the hands of the parties the day and year first above written. SIGNED By Ms LAM Man-yee, ) Eileen, the Chief Property Manager ) (Government Property Agency), ) for and on behalf of ) The Government of ) The Hong Kong Special ) Administrative Region ) ) ) in the presence of :- ) SIGNED By The Tenant / ) Sealed with the Common Seal ) of the Tenant and signed by ) ) ) ) (Name(s) in block letters) Signature and Company Seal in the presence of :- Signature Name of Witness in block letters: Occupation : Address : RECEIVED the day and year first ) above written from the Tenant the ) sum of HONG KONG DOLLARS ) $<Amount> being the deposit money) above expressed to be paid by the ) Tenant to the Landlord ) Signature ) ) Print Name 21

22 Serial No: DOMESTIC PREMISES Dated the The Government of The Hong Kong Special Administrative Region and <Tenant Name> Description of Domestic Premises All That <Premises Address> Tenant : Term : Two (2) years Commencing : Expiring : Monthly Basic Rent : HK$ (exclusive of rates and other charges) 22