Common use of LANDLORD'S COVENANTS Clause in Contracts

LANDLORD'S COVENANTS. The Landlord hereby covenants with the Tenant as follows: - That the Tenant paying rents hereby reserved and observing and performing the agreements and stipulations on his part herein contained shall permitted to quietly enjoy the Demised Premises during this tenancy without any interruption from the Landlord or any person claiming under or in trust for the Landlord. That during this tenancy the Landlord will hereof bear to pay and discharge all quit rent, assessment payable in respect of the Demised Premises. That the Landlord shall keep the roof and main structure including walls, floors and main drains and pipes in good and tenantable repair and condition including the repairing and the redecorating of any part thereof at such times, except where repairs become necessary as a result of any willful act or default of the tenant; and in such manner as the Landlord in Landlord’s absolute discretion shall consider to be necessary PROVIDED ALWAYS that the Landlord shall not be liable for any loss or damage or injury caused by circumstances beyond its control, including any mechanical breakdown, power failure, negligence or willful misconduct on the part of the Landlord’s employees or other person whatsoever. That the Landlord will on the written request of the Tenant made two (2) months but no earlier than three (3) months before the expiration of the term hereby created and if there shall not be at the time of such request any existing breach, non-observance of any of the covenants on the part of the Tenant hereinbefore contained or the Landlord has no intention to sell or otherwise dispose of the Demised Premises at the expenses of the Tenant grant to the Tenant a tenancy of the Demised Premises for a further term of a duration specified in Section 8 of the Schedule hereto commencing immediately form the expiration of the said term at a rent to be mutually agreed upon but otherwise containing the like covenants and provision as are herein contained with the exception of the present covenants for renewal. In determining the mutually agreed rent for the further term and in the event of any increase, the Landlord shall increase not more than 20 % (TWENTY percent) of rental rate at the time. This renewal option shall become null and void if the rental rate cannot be agreed by both parties within thirty (30) days and the Landlord shall thereafter be entitled to vacant possession of the said Demised Premise. The existing rental at the time subject in all other respect to the same conditions and covenants as are herein contained save and except this clause for the renewal of this tenancy. If the Tenant fails to yield up peacefully the Demised Premises upon the early determination or expiry of the Tenancy, the Tenant shall be chargeable, at the Landlord’s option and until the Tenant delivers to the Landlord possession of the Demised Premises, with double the rent then payable to the Landlord for the Demised Premises. Acceptance of such rental shall not prejudice the Landlord’s rights and remedies to recover possession of the Demised Premises from the Tenant. To refund the Security Deposit and Utility Deposit free of interest to the Tenant upon the expiry of this tenancy or the lawful termination of this Agreement and upon delivery of vacant possession of the Demised Premises to the Landlord in accordance with the terms of this Agreement PROVIDED ALWAYS that the Landlord shall be at liberty to deduct there from such sums or sums as may be required to cover all arrears of rent, water, electricity, Indah Water and telephone bills (if any) and the cost of carrying out repair or painting of the Demised Premises (if required). The Landlord shall be entitled to sell the Demised Premises at any time during the tenancy term and during extended term.

LANDLORD'S COVENANTS. 7.1 The Landlord hereby covenants agrees with the Tenant as follows: - That the Tenant paying rents hereby reserved and observing and performing the agreements and stipulations on his part herein contained shall permitted to quietly enjoy the Demised Premises during this tenancy without any interruption from the Landlord or any person claiming under or in trust for the Landlord. That during this tenancy the Landlord will hereof bear Taxes a) to pay all taxes, rate, assessments, conservancy charges and discharge all quit rent, assessment payable outgoings in respect of the Demised Premises. That Flat except those that the Landlord Tenant has agreed to pay; Quiet Enjoyment b) provided that the Tenant shall keep punctually pay the roof Rent hereby reserved and main structure including walls, floors observe and main drains and pipes in good and tenantable repair and condition including perform the repairing and the redecorating of any conditions on his part thereof at such times, except where repairs become necessary as a result of any willful act or default of the tenant; and in such manner as the Landlord in Landlord’s absolute discretion shall consider to be necessary PROVIDED ALWAYS that observed and performed, the Landlord Tenant shall not be liable for peaceably HOLD AND ENJOY the Flat during the Term without any loss or damage or injury caused interruption by circumstances beyond its control, including any mechanical breakdown, power failure, negligence or willful misconduct on the part of the Landlord’s employees or other person whatsoever. That the Landlord will ; Extension of Tenancy c) that on the written request of the Tenant made not less than two (2) months but no earlier than three (3) months before the expiration of the term hereby created Term and if there shall not be at the time of such request be any existing breach, non-breach or non- observance of any of the covenants on the part conditions of the Tenant hereinbefore contained or this Agreement, the Landlord has no intention to sell or otherwise dispose of the Demised Premises at the expenses of the Tenant may grant to the Tenant a tenancy of an extension for such period as may be agreed between the Demised Premises for a further term of a duration specified in Section 8 of the Schedule hereto commencing immediately form parties from the expiration of the said term Term upon the same terms and conditions as contained herein, PROVIDED ALWAYS THAT the Landlord shall have the right to review the Rent payable at a rent to be mutually agreed upon but otherwise containing rate and PROVIDED ALWAYS THAT such extension shall be subject to HDB’s approval (where applicable); Insurance d) to insure the like covenants Flat against loss or damage by fire and provision as are herein contained with to pay all premium thereon punctually; Receipt e) to provide written acknowledgement if requested by the exception Tenant, for Rent, Deposit and any other payments made by the Tenant to the Landlord; Maintenance of Premises f) shall take all necessary steps to keep the structural condition of the present covenants for renewalFlat, including but not limited to the sanitary pipes, electric wiring and any such concealed drains, pipes and conduits, in good and tenantable repair and condition. In determining the mutually agreed rent for the further term If an item is faulty and in the event of any increasebeyond repair, the Landlord shall increase bear the full cost to replace the item provided the fault is not more than 20 % (TWENTY percent) of rental rate at due to the time. This renewal option shall become null and void if the rental rate cannot be agreed by both parties within thirty (30) days and the Landlord shall thereafter be entitled to vacant possession acts or omissions of the said Demised Premise. The existing rental at the time subject in all other respect to the same conditions and covenants as are herein contained save and except this clause for the renewal of this tenancy. If the Tenant fails to yield up peacefully the Demised Premises upon the early determination or expiry of the Tenancy, the Tenant shall be chargeable, at the Landlord’s option and until the Tenant delivers to the Landlord possession of the Demised Premises, with double the rent then payable to the Landlord for the Demised Premises. Acceptance of such rental shall not prejudice the Landlord’s rights and remedies to recover possession of the Demised Premises from and/or the Tenant. To refund the Security Deposit and Utility Deposit free of interest to the Tenant upon the expiry of this tenancy or the lawful termination of this Agreement and upon delivery of vacant possession of the Demised Premises to the Landlord in accordance with the terms of this Agreement PROVIDED ALWAYS that the Landlord shall be at liberty to deduct there from such sums or sums as may be required to cover all arrears of rent, water, electricity, Indah Water and telephone bills (if any) and the cost of carrying out repair or painting of the Demised Premises (if required). The Landlord shall be entitled to sell the Demised Premises at any time during the tenancy term and during extended term’s visitors.

LANDLORD'S COVENANTS. The Landlord hereby covenants shall provide Tenant with a copy of all bills for Impositions promptly upon receipt thereof and in sufficient time for Tenant to examine same and determine whether Tenant desires to have Landlord contest the amount or validity of same. Landlord shall pay all Impositions that are levied or assessed by any lawful authority on the Premises and Landlord's other real property within the same tax parcel prior to the date same become overdue and Tenant shall reimburse Landlord for Tenant's Share thereof as follows: - That provided for in this Article V. As used in this Article V, the Tenant paying rents hereby reserved term "Tenant's Share " shall mean a fraction, the numerator of which shall be the gross leaseable area of the square footage of Premises and observing and performing the agreements and stipulations denominator of which shall be equal to the aggregate of the gross leaseable area of the square footage of all buildings on his part herein contained shall the tax parcel on which the Building is located. If Landlord is permitted to quietly enjoy pay Impositions in installments, then, whether or not Landlord elects to pay the Demised Premises during this tenancy without Impositions in installments, Tenant's Share of such Impositions shall be determined based upon the installments which would have been payable (including interest which would accrue thereon) had the installment method been elected. Landlord shall use commercially reasonable efforts to obtain and maintain in effect any interruption from the Landlord available tax abatements, exemptions, refunds, rebates or any person claiming under or in trust credits that may reduce Impositions for the LandlordPremises, and the Impositions for any tax year shall mean such amounts as shall be finally determined to be the Impositions payable during such tax year less any abatements, exemptions, refunds, rebates or credits made thereof, plus any costs and expenses actually incurred by Landlord in achieving or effecting any abatements, exemptions, refunds, rebates or credits. That during this tenancy The parties shall make appropriate adjustments to previous reimbursements from Tenant to Landlord on account of any abatements, refunds, rebates or credits immediately following the determination of the amount of such abatements, refunds, rebates or credits. Landlord will hereof bear covenants and agrees to pay and discharge all quit rentImpositions prior to the last date that the same may be paid without penalty or interest, assessment payable in respect of or if a discount shall be available for early payment, prior to the Demised Premiseslast day that such discount is available. That the Without cost to Tenant, Landlord shall keep the roof bear all costs, including without limitation, interest, penalties, late charges and main structure including wallslost discount amounts, floors and main drains and pipes in good and tenantable repair and condition including the repairing and the redecorating of any part thereof at such times, except where repairs become necessary that are incurred as a result of (i) Landlord's failure to timely pay any willful act installment of Impositions, or default of the tenant; and in such manner as the Landlord in Landlord’s absolute discretion shall consider to be necessary PROVIDED ALWAYS that the Landlord shall not be liable for any loss or damage or injury caused by circumstances beyond its control, including any mechanical breakdown, power failure, negligence or willful misconduct on the part of the Landlord’s employees or other person whatsoever. That the Landlord will on the written request of the Tenant made two (2ii) months but no earlier than three (3) months before the expiration of the term hereby created and if there shall not be at the time of such request keep any existing breachabatement, non-observance exemption, refund, rebate or credit of any of the covenants on the part of the Tenant hereinbefore contained or the Landlord has no intention to sell or otherwise dispose of the Demised Premises at the expenses of the Tenant grant to the Tenant a tenancy of the Demised Premises for a further term of a duration specified Impositions in Section 8 of the Schedule hereto commencing immediately form the expiration of the said term at a rent to be mutually agreed upon but otherwise containing the like covenants and provision as are herein contained with the exception of the present covenants for renewal. In determining the mutually agreed rent for the further term and in the event of any increase, the Landlord shall increase not more than 20 % (TWENTY percent) of rental rate at the time. This renewal option shall become null and void if the rental rate cannot be agreed by both parties within thirty (30) days and the Landlord shall thereafter be entitled to vacant possession of the said Demised Premise. The existing rental at the time subject in all other respect to the same conditions and covenants as are herein contained save and except this clause for the renewal of this tenancy. If the Tenant fails to yield up peacefully the Demised Premises upon the early determination or expiry of the Tenancy, the Tenant shall be chargeable, at the Landlord’s option and until the Tenant delivers to the Landlord possession of the Demised Premises, with double the rent then payable to the Landlord for the Demised Premises. Acceptance of such rental shall not prejudice the Landlord’s rights and remedies to recover possession of the Demised Premises from the Tenant. To refund the Security Deposit and Utility Deposit free of interest to the Tenant upon the expiry of this tenancy or the lawful termination of this Agreement and upon delivery of vacant possession of the Demised Premises to the Landlord in accordance with the terms of this Agreement PROVIDED ALWAYS that the Landlord shall be at liberty to deduct there from such sums or sums as may be required to cover all arrears of rent, water, electricity, Indah Water and telephone bills (if any) and the cost of carrying out repair or painting of the Demised Premises (if required). The Landlord shall be entitled to sell the Demised Premises at any time during the tenancy term and during extended termeffect.

LANDLORD'S COVENANTS. The Subject to Tenant’s obligations under Section 18.4 below, and without limitation of Section 5.2 (Condition of the Premises) above, Landlord hereby covenants with shall not cause, or knowingly permit any of its Agents, Affiliates, [tenants of Excluded Premises]or Invitees to cause, any Hazardous Material to be brought upon, kept, used, stored, generated or disposed of in, on or about the Tenant as follows: - That the Tenant paying rents hereby reserved and observing and performing the agreements and stipulations on his part herein contained shall permitted Premises, or transported to quietly enjoy the Demised Premises during this tenancy without any interruption or from the Landlord Premises [or the Excluded Premises] in violation of any applicable Environmental Laws [provided that tenants of Excluded Premises may use such substances in such limited amounts as are customarily used in residential rental projects so long as such use is in compliance with all applicable Environmental Laws]. In addition, Landlord, at Landlord’s cost and expense, shall cause those portions of the Premises for which it is responsible for repair, maintenance or replacement under this Lease and all portions of the Premises below the surface of the Land, to comply with Environmental Laws (to the extent so enforced by governmental authorities from time to time), except for any non-compliance that results from any condition caused by Tenant, or any person claiming under Affiliate or Agent of Tenant after the Commencement Date. If Landlord reasonably and in trust good faith determines that Tenant, or any Affiliate, or Agent of Tenant, is responsible for any condition at the Landlord. That during this tenancy Premises caused by such party after the Commencement Date that is not in compliance with Environmental Laws, Landlord will hereof bear to pay and discharge all quit rent, assessment payable in respect shall provide Tenant with a written notice so advising Tenant of the Demised Premises. That the Landlord shall keep the roof and main structure including walls, floors and main drains and pipes in good and tenantable repair and condition including the repairing and the redecorating corrective work Landlord believes is necessary to correct such condition. Upon receipt of any part thereof at such timesnotice, except where repairs become necessary as a result of any willful act or default of Tenant shall have ten (10) business days within which to object to the tenant; and in such manner as the Landlord work described in Landlord’s absolute discretion notice by delivering written notice to Landlord. If Tenant does not timely object, Landlord may proceed with the subject work, at Tenant’s cost and expense. If, however, Tenant does timely object, Landlord and Tenant shall consider meet and confer in good faith to reach agreement on whether Tenant is responsible for such corrective work and/or how any such corrective work should be completed and the cost to complete such work. If Landlord and Tenant are not able to agree within ten (10) business days after delivery of Tenant’s notice of objection, then either party may elect, by delivering written notice to the other party, to have Landlord assume the responsibility for performing such work, in which event, Landlord shall cause such corrective work to be necessary PROVIDED ALWAYS that completed in accordance with applicable Environmental Laws and, if such Hazardous Materials condition at the Premises was in fact caused after the Commencement Date by Tenant, or any Affiliate or Agent of Tenant, at Tenant’s cost and expense. Absent either party making such election, Landlord shall not may cause such work to be liable completed in accordance with applicable Environmental Laws, and if such Hazardous materials condition was in fact caused after the Commencement Date by Tenant, or any Affiliate or Agent of Tenant, Tenant will reimburse Landlord for any loss or damage or injury caused by circumstances beyond its control, including any mechanical breakdown, power failure, negligence or willful misconduct on the part of the Landlord’s employees or other person whatsoever. That the Landlord will on the written request reasonable out-of-pocket costs and expenses (exclusive of the Tenant made two (2) months but no earlier than three (3) months before the expiration of the term hereby created internal handling costs, fees and if there shall not be at the time of such request any existing breach, non-observance of any of the covenants on the part of the Tenant hereinbefore contained or the Landlord has no intention to sell or otherwise dispose of the Demised Premises at the expenses of the Tenant grant to the Tenant a tenancy of the Demised Premises for a further term of a duration specified in Section 8 of the Schedule hereto commencing immediately form the expiration of the said term at a rent to be mutually agreed upon but otherwise containing the like covenants and provision as are herein contained with the exception of the present covenants for renewal. In determining the mutually agreed rent for the further term and in the event of any increase, the Landlord shall increase not more than 20 % (TWENTY percentoverhead cost allocations) of rental rate at the time. This renewal option shall become null and void if the rental rate cannot be agreed by both parties completing such corrective work within thirty (30) days and the Landlord shall thereafter be entitled to vacant possession after receiving evidence of the said Demised Premisecompletion of such work and invoices or comparable evidence of payment of such costs and expenses by Landlord. The existing rental In the event the corrective work at the time subject in all other respect Premises described hereinabove deemed necessary by Landlord requires immediate attention to avoid injury to persons or damage to property, Landlord need not provide prior notice to Tenant and instead may proceed with the completion of such corrective work as is necessary. In such event Tenant will reimburse Landlord for Landlord’s reasonable out-of-pocket costs and expenses (exclusive of internal handling costs, fees and overhead cost allocations) of completing such corrective work within thirty (30) days after receiving evidence of the completion of such corrective work and invoices or comparable evidence of payment of such costs and expenses by Landlord to the same conditions and covenants as are herein contained save and except this clause for the renewal of this tenancy. If the Tenant fails to yield up peacefully the Demised Premises upon the early determination or expiry of the Tenancy, the Tenant shall be chargeable, extent Hazardous Materials condition at the Landlord’s option and until Premises was in fact caused after the Commencement Date by Tenant delivers to the Landlord possession or any Affiliate or Agent of the Demised Premises, with double the rent then payable to the Landlord for the Demised Premises. Acceptance of such rental shall not prejudice the Landlord’s rights and remedies to recover possession of the Demised Premises from the Tenant. To refund the Security Deposit and Utility Deposit free of interest to the Tenant upon the expiry of this tenancy or the lawful termination of this Agreement and upon delivery of vacant possession of the Demised Premises to the Landlord in accordance with the terms of this Agreement PROVIDED ALWAYS that the Landlord shall be at liberty to deduct there from such sums or sums as may be required to cover all arrears of rent, water, electricity, Indah Water and telephone bills (if any) and the cost of carrying out repair or painting of the Demised Premises (if required). The Landlord shall be entitled to sell the Demised Premises at any time during the tenancy term and during extended term.

LANDLORD'S COVENANTS. 4.1 Landlord's Services & Repair Obligations. Landlord shall be responsible for repairing and/or replacing at Landlord's sole cost and expense the roof, roof membrane, structural supports and any latent defects of the Buildings, unless damage thereto is caused by Tenant or Tenant's employees, agents, guests or invitees, in which event any costs arising from such damage shall be Tenant's sole responsibility. Except for the foregoing, Tenant is accepting the Premises in its As-Is condition and assumes full and sole responsibility for the condition, operation, maintenance, repair and replacement of the Premises. Except as provided herein and in Section 7.6, Landlord shall have no obligation whatsoever to maintain, repair or replace the Premises or provide services to Tenant. Tenant acknowledges that Landlord will have no obligation to provide any security for the Premises, which shall be Tenant's sole obligation. The Landlord hereby covenants parties intend that the terms of this Lease shall govern their respective maintenance and repair obligations. Tenant expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to such obligations or which affords Tenant as follows: - That the Tenant paying rents hereby reserved and observing and performing right to make repairs at the agreements and stipulations on his part herein contained shall permitted to quietly enjoy the Demised Premises during this tenancy without any interruption from the expense of Landlord or any person claiming under or in trust for the Landlord. That during terminate this tenancy the Landlord will hereof bear to pay and discharge all quit rent, assessment payable in respect Lease by reason of the Demised Premisescondition of the Premises or any needed repairs. That Notwithstanding the foregoing, Landlord shall keep have the roof right, but not the obligation, to undertake works of maintenance, repair or replacement which Tenant is required to perform under this Lease and main structure including walls, floors and main drains and pipes in good and tenantable repair and condition including the repairing and the redecorating of any part thereof at such times, except where repairs become necessary as a result of any willful act which Tenant fails or default of the tenant; and in such manner as the Landlord in Landlord’s absolute discretion shall consider refuses to be necessary PROVIDED ALWAYS that the Landlord shall not be liable for any loss or damage or injury caused by circumstances beyond its control, including any mechanical breakdown, power failure, negligence or willful misconduct on the part of the Landlord’s employees or other person whatsoever. That the Landlord will on the written request of the Tenant made two (2) months but no earlier than three (3) months before the expiration of the term hereby created and if there shall not be at the time of such request any existing breach, non-observance of any of the covenants on the part of the Tenant hereinbefore contained or the Landlord has no intention to sell or otherwise dispose of the Demised Premises at the expenses of the Tenant grant to the Tenant a tenancy of the Demised Premises for a further term of a duration specified in Section 8 of the Schedule hereto commencing immediately form the expiration of the said term at a rent to be mutually agreed upon but otherwise containing the like covenants and provision as are herein contained with the exception of the present covenants for renewal. In determining the mutually agreed rent for the further term and in the event of any increase, the Landlord shall increase not more than 20 % (TWENTY percent) of rental rate at the time. This renewal option shall become null and void if the rental rate cannot be agreed by both parties perform within thirty (30) days of Landlord's notice to Tenant requesting Tenant to perform such work, except for emergency repairs which Landlord may perform at Tenant's expense upon 24 hours notice. Tenant shall reimburse Landlord upon demand, as Additional Rent, for all costs incurred by Landlord in performing any such repair for the account of Tenant, together with an amount equal to ten percent (10%) of such costs to reimburse Landlord for its administration and the managerial effort. Any dispute between Landlord shall thereafter be entitled to vacant possession of the said Demised Premise. The existing rental at the time subject in all other and Tenant with respect to the same conditions and covenants as are herein contained save and except this clause for the renewal of this tenancy. If the Tenant fails to yield up peacefully the Demised Premises upon the early determination or expiry of the Tenancy, the Tenant either party's repair obligations shall be chargeable, at the Landlord’s option and until the Tenant delivers resolved pursuant to the Landlord possession of the Demised Premises, with double the rent then payable to the Landlord for the Demised Premises. Acceptance of such rental shall not prejudice the Landlord’s rights and remedies to recover possession of the Demised Premises from the Tenant. To refund the Security Deposit and Utility Deposit free of interest to the Tenant upon the expiry of this tenancy or the lawful termination of this Agreement and upon delivery of vacant possession of the Demised Premises to the Landlord in accordance with the terms of this Agreement PROVIDED ALWAYS that the Landlord shall be at liberty to deduct there from such sums or sums as may be required to cover all arrears of rent, water, electricity, Indah Water and telephone bills (if any) and the cost of carrying out repair or painting of the Demised Premises (if required). The Landlord shall be entitled to sell the Demised Premises at any time during the tenancy term and during extended termSection 8.22 hereof.

LANDLORD'S COVENANTS. The To the best of Landlord's actual and not constructive knowledge, as of the Commencement Date the Building (including the Premises and all common areas) shall be free of all Hazardous Substances that are not in compliance with applicable Environmental Laws. Upon request of Tenant, Landlord hereby covenants with shall provide Tenant a copy of whatever environmental reports or assessments concerning the Land or Building that may be in Landlord's possession or under Landlord's control. In the event that, during the Term, Tenant as follows: - That discovers the existence in the Premises or the Building of Hazardous Substances other than those handled by Tenant, handled by a sublessee of Tenant paying rents hereby reserved and observing and performing or other party that has occupied any portion of the agreements and stipulations on his part herein contained shall permitted to quietly enjoy the Demised Premises during this tenancy without any interruption from the Landlord after acquiring all or any person claiming under portion of Tenant's rights hereunder, or in trust for the Landlord. That during this tenancy the Landlord will hereof bear to pay and discharge all quit rent, assessment payable in respect handled by another tenant or other occupant of the Demised Premises. That Building subsequent to the Commencement Date, and if such Hazardous Substances have not been handled in compliance with all applicable Environmental Laws (such hazardous materials, that have not been handled in compliance with all applicable Environmental Laws being defined as "Building Unlawful Hazardous Materials"), then Landlord shall keep the roof shall, as its sole obligation and main structure including wallsresponsibility to Tenant, floors and main drains and pipes in good and tenantable repair and condition including the repairing and the redecorating (a) commence within sixty (60) days after Landlord receives from Tenant notice of any part thereof at such timesbreach or discovery, except where repairs become necessary as a result of any willful act or default of the tenant; and in such manner as the case may be, and verifies the accuracy of such claim by Tenant, a removal, encapsulation or other containment program reasonably elected by Landlord in Landlord’s absolute discretion shall consider which is required by and complies with applicable Laws, and (b) diligently prosecute such program to be necessary PROVIDED ALWAYS that the Landlord shall not be liable for any loss or damage or injury caused by circumstances beyond its controlcompletion, including any mechanical breakdownrequired monitoring or reporting activities, power failure, negligence or willful misconduct on in such a manner as will make the part of the Landlord’s employees or other person whatsoever. That the Landlord will on the written request of the Tenant made two (2) months but no earlier than three (3) months before the expiration of the term hereby created and if there shall not be at the time of such request any existing breach, non-observance of any of the covenants on the part of the Tenant hereinbefore contained or the Landlord has no intention to sell or otherwise dispose of the Demised Premises at the expenses of the Tenant grant to the Tenant a tenancy of the Demised Premises for a further term of a duration specified in Section 8 of the Schedule hereto commencing immediately form the expiration of the said term at a rent to be mutually agreed upon but otherwise containing the like covenants and provision as are herein contained with the exception of the present covenants for renewal. In determining the mutually agreed rent for the further term and in the event of any increase, the Landlord shall increase not more than 20 % (TWENTY percent) of rental rate at the time. This renewal option shall become null and void if the rental rate cannot be agreed by both parties within thirty (30) days and the Landlord shall thereafter be entitled to vacant possession of the said Demised Premise. The existing rental at the time subject in all other respect to the same conditions and covenants as are herein contained save and except this clause for the renewal of this tenancy. If the Tenant fails to yield up peacefully the Demised Premises upon the early determination or expiry of the Tenancy, the Tenant shall be chargeable, at the Landlord’s option and until the Tenant delivers to the Landlord possession of the Demised Premises, with double the rent then payable to the Landlord for the Demised Premises. Acceptance of such rental shall not prejudice the Landlord’s rights and remedies to recover possession of the Demised Premises free from the Tenant. To refund the Security Deposit and Utility Deposit free of interest to the Tenant upon the expiry of this tenancy or the lawful termination of this Agreement and upon delivery of vacant possession of the Demised Premises to the Landlord Building Unlawful Hazardous Materials in accordance with the terms of this Agreement PROVIDED ALWAYS standards promulgated in applicable Environmental Laws. Notwithstanding the foregoing, Landlord shall indemnify Tenant from and against any claim made by, or liabilities or judgments owed to, third parties to the extent that the damages forming the basis thereof are caused by the presence, now or hereafter, of any Hazardous Substances that have been placed, stored or generated in the Premises by Landlord and, to the extent that Landlord is so obligated to indemnify Tenant, Landlord's duty of indemnification shall be at liberty to deduct there from such sums or sums as may be required to cover all arrears of rent, water, electricity, Indah Water and telephone bills (if any) and survive the cost of carrying out repair or painting termination of the Demised Premises (if required). The Landlord shall be entitled to sell the Demised Premises at any time during the tenancy term and during extended termLease.

LANDLORD'S COVENANTS. The Landlord hereby covenants with to deliver to Tenant upon the Tenant as follows: - That the Tenant paying rents hereby reserved Delivery Date sole and observing and performing the agreements and stipulations on his part herein contained shall permitted to quietly enjoy the Demised Premises during this tenancy without any interruption from the Landlord or any person claiming under or in trust for the Landlord. That during this tenancy the Landlord will hereof bear to pay and discharge all quit rent, assessment payable in respect of the Demised Premises. That the Landlord shall keep the roof and main structure including walls, floors and main drains and pipes in good and tenantable repair and condition including the repairing and the redecorating of any part thereof at such times, except where repairs become necessary as a result of any willful act or default of the tenant; and in such manner as the Landlord in Landlord’s absolute discretion shall consider to be necessary PROVIDED ALWAYS that the Landlord shall not be liable for any loss or damage or injury caused by circumstances beyond its control, including any mechanical breakdown, power failure, negligence or willful misconduct on the part of the Landlord’s employees or other person whatsoever. That the Landlord will on the written request of the Tenant made two (2) months but no earlier than three (3) months before the expiration of the term hereby created and if there shall not be at the time of such request any existing breach, non-observance of any of the covenants on the part of the Tenant hereinbefore contained or the Landlord has no intention to sell or otherwise dispose of the Demised Premises at the expenses of the Tenant grant to the Tenant a tenancy of the Demised Premises for a further term of a duration specified in Section 8 of the Schedule hereto commencing immediately form the expiration of the said term at a rent to be mutually agreed upon but otherwise containing the like covenants and provision as are herein contained with the exception of the present covenants for renewal. In determining the mutually agreed rent for the further term and in the event of any increase, the Landlord shall increase not more than 20 % (TWENTY percent) of rental rate at the time. This renewal option shall become null and void if the rental rate cannot be agreed by both parties within thirty (30) days and the Landlord shall thereafter be entitled to vacant exclusive possession of the said Demised PremisePremises (subject, however, to Landlord's rights to enter the Premises to complete Landlord's Work and the Punchlist Items as provided in BIG 5 WAREHOUSE RIVERSIDE, CALIFORNIA Paragraph 1.4 above), frxx xxx xxxxx xx: (x) xxx xxxxxxx xxx xxxxxxnts (other than Tenant) and the rights of either; (ii) any violations of Applicable Laws; and (iii) all liens, encumbrances, easements, covenants, conditions and restrictions (collectively, "ENCUMBRANCES"), except for the following items (collectively, the "APPROVED TITLE EXCEPTIONS"): (A) those Encumbrances specified in Exhibit D attached hereto and made a part hereof (collectively, the "PERMITTED ENCUMBRANCES"); (B) any first priority deed of trust executed by Landlord as trustor in favor of an institutional lender as beneficiary in connection with any financing obtained by Landlord to acquire the Land or construct the Improvements (the "PERMITTED DEED OF TRUST"), subject, however, to Tenant's receipt of an executed SNDA from such lender pursuant to the provisions of Article 16 below; and (C) any utility and landscape easements (reasonably approved by Tenant) that are reasonably necessary to effect the Subdivision, complete Landlord's Work and/or provide utilities to and for the Premises (collectively, the "PERMITTED EASEMENTS"). The existing rental at In connection with the time subject in foregoing, Landlord covenants that prior to the earlier of the Delivery Date and the Outside Subdivision Date, Landlord shall cause all Encumbrances recorded against the Property (other than the Approved Title Exceptions) to be removed from record title to the Premises. With respect to the same conditions and covenants as are herein contained save and except this any such utility easements proposed by Landlord pursuant to clause for the renewal (C) hereinabove, Tenant shall notify Landlord of this tenancy. If the Tenant fails to yield up peacefully the Demised Premises upon the early determination Tenant's reasonable approval or expiry disapproval thereof within five (5) days after Tenant's receipt from Landlord of the Tenancy, the Tenant shall be chargeable, at the Landlord’s option and until the Tenant delivers to the Landlord documents creating such proposed easements. Tenant's taking possession of the Demised Premises, with double the rent then payable to the Landlord for the Demised Premises. Acceptance of such rental Premises shall not prejudice constitute a waiver of any defect in the Premises or of any breach by Landlord of Landlord’s rights and remedies to recover possession of the Demised Premises from the Tenant's obligations under Exhibit C attached hereto. To refund the Security Deposit and Utility Deposit free of interest to the Tenant upon the expiry of Landlord further covenants that Landlord will not, so long as this tenancy or the lawful termination of this Agreement and upon delivery of vacant possession of the Demised Premises to the Landlord Lease is in accordance with the terms of this Agreement PROVIDED ALWAYS that the Landlord shall be at liberty to deduct there from such sums or sums as may be required to cover all arrears of rent, water, electricity, Indah Water and telephone bills (if any) and the cost of carrying out repair or painting of the Demised Premises (if required). The Landlord shall be entitled to sell the Demised Premises at any time during the tenancy term and during extended term.effect:

LANDLORD'S COVENANTS. The Landlord hereby covenants with the Tenant as followsthat: - That the Tenant paying rents hereby reserved and observing and performing shall have quiet enjoyment of the agreements and stipulations on his part herein contained shall permitted to quietly enjoy the Demised Premises during this tenancy Property without any interruption from by the Landlord or any person claiming under or in trust for the Landlord. That during Landlord except as otherwise permitted by this tenancy lease; and the Landlord will hereof bear to pay maintain, repair, light, cleanse and discharge all quit rent, assessment payable in respect renew the Common Parts. The Landlord will not obstruct nor permit an obstruction of the Demised Premises. That the Landlord shall keep the roof and main structure including walls, floors and main drains and pipes in good and tenantable repair and condition including the repairing and the redecorating of any part thereof at such times, except where repairs become necessary as a result of any willful act or default of the tenant; and in such manner as the Landlord in Landlord’s absolute discretion shall consider to be necessary PROVIDED ALWAYS Road provided that the Landlord shall may on not be liable less than seven (7) days prior written notice to the Tenant (except in emergency) temporarily and only to the extent necessary for any loss the purposes of carrying out works to the Estate obstruct or damage close the whole or injury caused by circumstances beyond its control, including any mechanical breakdown, power failure, negligence or willful misconduct on the part of the Landlord’s employees Road subject to any such obstruction or other person whatsoever. That the Landlord will on the written request of the Tenant made two (2) months but no earlier than three (3) months before the expiration of the term hereby created and if there shall not be at the time of such request any existing breach, non-observance of any of the covenants on the part of the Tenant hereinbefore contained or the Landlord has no intention to sell or otherwise dispose of the Demised Premises at the expenses of the Tenant grant to the Tenant a tenancy of the Demised Premises for a further term of a duration specified in Section 8 of the Schedule hereto commencing immediately form the expiration of the said term at a rent to be mutually agreed upon but otherwise containing the like covenants and provision as are herein contained with the exception of the present covenants for renewal. In determining the mutually agreed rent closure being for the further term and in the event of any increase, the Landlord shall increase not more than 20 % (TWENTY percent) of rental rate at the time. This renewal option shall become null and void if the rental rate cannot be agreed by both parties within thirty (30) days minimum period reasonably possible and the Landlord shall thereafter be entitled taking all appropriate measures to vacant possession of minimise any disruption to the said Demised PremiseTenant. The existing rental at Landlord must, when entering the time subject in all other respect Property to the same conditions and covenants as are herein contained save and except this clause for the renewal of this tenancy. If the Tenant fails to yield up peacefully the Demised Premises upon the early determination or expiry of the Tenancy, the Tenant shall be chargeable, at the Landlord’s option and until the Tenant delivers to the Landlord possession of the Demised Premises, with double the rent then payable to the Landlord for the Demised Premises. Acceptance of such rental shall not prejudice the exercise any Landlord’s rights and remedies to recover possession shall procure that anyone exercising such rights on behalf of or under the authorisation of the Demised Premises from the Tenant. To refund the Security Deposit and Utility Deposit free of interest to Landlord must: give the Tenant upon at least three Working Days’ prior notice (except in the expiry case of this tenancy or emergency, when the lawful termination of this Agreement and upon delivery of vacant possession Landlord must give as much notice as may be reasonably practicable); observe any reasonable requirements of the Demised Premises Tenant which are notified to the Landlord (but where that includes being accompanied by the Tenant’s representative the Tenant must make that representative available); observe any specific conditions to the Landlord’s entry set out in accordance with this Lease; cause as little interference to the terms of this Agreement PROVIDED ALWAYS Tenant’s business as reasonably practicable; cause as little physical damage as reasonably practicable; repair any physical damage that the Landlord shall causes as soon as reasonably practicable; where entering to carry out works, obtain the Tenant’s approval to the location, method of working and any other material matters relating to the preparation for, and execution of, the works, such approval not to be at liberty to deduct there from such sums unreasonably withheld or sums as may be required to cover all arrears of rentdelayed; remain upon the Property for no longer than is reasonably necessary; and where reasonably practicable, water, electricity, Indah Water and telephone bills (if any) and exercise any rights outside the cost of carrying out repair or painting normal business hours of the Demised Premises (if required). The Landlord shall be entitled to sell the Demised Premises at any time during the tenancy term and during extended termProperty.

LANDLORD'S COVENANTS. The Landlord hereby covenants with the Tenant as follows: - follows:- That the Landlord shall pay all present and future quit rents, rates, taxes, assessments, maintenance charges, sinking funds and other outgoings which the Tenant is not hereby made liable to pay now or hereafter in respect of the Demised Premise. That the Tenant paying rents hereby reserved and observing and performing the agreements and stipulations on his part the Tenant’s covenant herein contained shall permitted to quietly peacefully hold and enjoy the Demised Premises Premise during this tenancy without any interruption from the Landlord or any person claiming under or in trust for the Landlord. That during this tenancy the Landlord will hereof bear to pay and discharge all quit rent, assessment payable in respect of the Demised Premises. That the Landlord shall keep the roof and main structure including wall of the Demised Premise in good and tenantable repair condition. That the Landlord shall maintain, upkeep and repair whenever necessary the roof, main structure, external walls, floors and main drains and pipes of the said Premises or as the case may be, the said Premises in good and tenantable repair and condition including the repairing and the redecorating of any part thereof at such times, except where repairs become necessary as a result of any willful act or default of the tenant; and in such manner as the Landlord in Landlord’s absolute discretion shall consider to be necessary PROVIDED ALWAYS provided always that the Landlord shall not be liable for any loss or damage or injury caused by circumstances beyond its control, including any mechanical breakdown, power failure, negligence or willful wilful misconduct on the part of the Landlord’s employees or other person whatsoever. That the Landlord will shall keep the said Premises (excluding the properties of the Tenant) sufficiently insured against lost or damage by fire at all times throughout the Tenancy. That the Landlord shall refund to the Tenant the Security Deposit and Utilities Deposit paid hereunder free of interest not later than fourteen (14) days upon the expiration of this Agreement or the lawful termination of this agreement subject however to other provisions herein to the contrary and the Landlord’s right to set-off the same or deduct thereof such sums as may be requisite against any cost incurred by the Landlord under this Agreement failing which late payment interest at the rate of Eight (8%) per centum per annum shall be made chargeable to the Landlord until the full refund thereto by the Landlord to the Tenant provided that the breach of any terms of this Agreement and all defaults (if any) had been duly rectified by the Tenant. That the Landlord shall on the written request of the Tenant made two (2) months but no earlier than three (3) months before the expiration of the term hereby created and created, if there shall not be at the time of such request any existing breach, non-observance of any of the covenants on the part of the Tenant hereinbefore contained or breach and if the Landlord has no intention to sell or otherwise dispose of the Demised Premises at the expenses of the Tenant Premise, grant to the Tenant a tenancy of the Demised Premises for a further term of a duration specified in Section 8 of the Schedule hereto commencing immediately form from the expiration of the said term at a rent to be mutually agreed upon but otherwise containing the like covenants and provision as are herein contained with the exception of the present covenants for renewal. In determining MUTUAL COVENANT Provided always, it is hereby agreed between the mutually agreed parties hereto as follows:- If the rent shall at any time be unpaid for seven (7) days after the same becoming due and payable (whether formally demanded or not); or Any covenant on the Tenant’s part herein contained shall not be performed or observed; or If the Tenant shall have a receiving order made against him or shall have made any assignment for the further term benefit of his creditors; or Enters into any agreement or any arrangements with his creditor by composition or otherwise; or If the Tenant shall suffer any distress or attachment or execution to be levied against the Tenant’s goods; or If the Tenant shall go into liquidation whether compulsory or otherwise (save for the purpose of reconstruction or amalgamation) Then in any such cases it shall be lawful for the Landlord at any time thereafter to serve a forfeiture notice upon the Tenant in accordance to the provisions of Section 235 of the National Land Code and it is hereby mutually and expressly agreed that any period of not less than seven (7) working days stipulated in the event said forfeiture notice for the Tenant to remedy the breach specified or to make reasonable compensation in money therefore to the satisfaction of the Landlord or to settle any outstanding rent in a reasonable period and upon the expiration of the period specified in the said forfeiture notice if Tenant fails, refuse and/or neglect to remedy the breach specified or make the monetary compensation to the satisfaction of the Landlord or to settle all outstanding rent it shall be deemed that the tenancy hereby created and this Agreement shall have been terminated but without prejudice to the right of action by the Landlord in respect of any increase, antecedent breach of the conditions on the part of the Tenant herein contained. Acceptance of rent by the Landlord shall increase not more than 20 % (TWENTY percent) of rental rate at the time. This renewal option shall become null and void if the rental rate cannot be agreed deemed to operate as a waiver by both parties within thirty (30) days the Landlord of any right of action against the Tenant in respect of any breach of any of the Tenant’s obligations hereunder. The Landlord shall not be liable to repay to the Tenant the cost and expense incurred by the Tenant on any improvements made by the Tenant on the said Demised Premises and the Landlord Tenant shall thereafter not be entitled to vacant possession claim for any reduction in the rent on account of such cost and expenses incurred by the Tenant. It is hereby agreed and confirmed that nothing herein contained shall give either party the right to terminate this agreement before the expiry of the said Demised Premise. The existing rental at the time subject in all other respect to the same conditions and covenants as are term herein contained created save and except this clause for any express provisions or elsewhere in the renewal of this tenancyagreement. If the Tenant fails to yield up peacefully the Demised Premises upon the early determination or expiry of the Tenancy, It is hereby agreed that the Tenant shall be chargeable, at allowed to conduct minor renovation on the Landlord’s option Demised Premise to remove the current front plumbing fixture and until reinstall the Tenant delivers same to the Landlord possession back end area, to remove all tables and chairs and to remove the existing wall acrylic sign board of the Demised Premises, with double the rent then payable to the Landlord for the Demised Premises. Acceptance of such rental shall not prejudice the Landlord’s rights and remedies to recover possession of the Demised Premises from the Tenant. To refund the Security Deposit and Utility Deposit free of interest to the Tenant upon the expiry of this tenancy or the lawful termination of this Agreement and upon delivery of vacant possession of the Demised Premises to the Landlord in accordance with the terms of this Agreement PROVIDED ALWAYS that the Landlord shall be at liberty to deduct there from such sums or sums as may be required to cover all arrears of rent, water, electricity, Indah Water and telephone bills (if any) and the cost of carrying out repair or painting of the Demised Premises (if required)Premise. The Landlord shall be entitled to sell impose interest on all overdue rental calculated daily at the Demised Premises at rate of 1.5% per month, commencing on the first (1st) day after the expiry of the fourteen (14) days after the due date until full and final realization thereof (before as well as after judgment, if any) EVENTS OF DEFAULT ON EARLY TERMINATION Two (2) months rental deposit as prescribed under Section 6 (a) of the First Schedule hereto shall be deemed forfeited in the event that the Tenant decides to terminate this agreement prior to the expiry of the agreed term hereto. In the event that the Landlord decides to terminate this agreement, devoid of any time during breach on the tenancy term part of the Tenant, the Landlord shall refund the deposit under Section 6 (a) of the First Schedule hereto and during extended termthe utilities deposit under Section 6 (b) of the First schedule hereto with an additional of two (2) months rental sum to be paid to the Tenant free of interest thereon.

LANDLORD'S COVENANTS. The Landlord hereby covenants shall provide Tenant with a copy of all bills for Impositions promptly upon receipt thereof and in sufficient time for Tenant to examine same and determine whether Tenant desires to have Landlord contest the amount or validity of same. Landlord shall pay all Impositions mat are levied or assessed by any lawful authority on the Premises and Landlord's other real property within the same tax parcel prior to the date same become overdue and Tenant shall reimburse Landlord for Tenant's Share thereof as follows: - That provided for in this Article V. As used in this Article V, the Tenant paying rents hereby reserved term Tenant's Share" shall mean a fraction, the numerator of which shall be the gross leaseable area of the square footage of Premises and observing and performing the agreements and stipulations denominator of which shall be equal to the aggregate of die gross leaseable area of the square footage of all buildings on his part herein contained shall the tax parcel on which the Building is located. If Landlord is permitted to quietly enjoy pay Impositions hi installments, then, whether or not Landlord elects to pay the Demised Premises during this tenancy without Impositions in installments, Tenant's Share of such Impositions shall be determined based upon the installments which would have been payable (including interest which would accrue thereon) had the installment method been elected. Landlord shall use commercially reasonable efforts to obtain and maintain in effect any interruption from the Landlord available tax abatements, exemptions, refunds, rebates or any person claiming under or in trust credits that may reduce Impositions for the LandlordPremises, and the Impositions for any tax year shall mean such amounts as shall be finally determined to be the Impositions payable during such tax year less any abatements, exemptions, refunds, rebates or credits made thereof, plus any costs and expenses actually incurred by Landlord in achieving or effecting any abatements, exemptions, refunds, rebates or credits. That during this tenancy The parties shall make appropriate adjustments to previous reimbursements from Tenant to Landlord on account of any abatements, refunds, rebates or credits immediately following the determination of the amount of such abatements, refunds, rebates or credits. Landlord will hereof bear covenants and agrees to pay and discharge all quit rentImpositions prior to the last date that the same may be paid without penalty or interest, assessment payable in respect of or if a discount shall be available for early payment, prior to the Demised Premiseslast day that such discount is available. That the Without cost to Tenant, Landlord shall keep the roof bear all costs, including without limitation, interest, penalties, late charges and main structure including wallslost discount amounts, floors and main drains and pipes in good and tenantable repair and condition including the repairing and the redecorating of any part thereof at such times, except where repairs become necessary that are incurred as a result of (i) Landlord's failure to timely pay any willful act installment of Impositions, or default of the tenant; and in such manner as the Landlord in Landlord’s absolute discretion shall consider to be necessary PROVIDED ALWAYS that the Landlord shall not be liable for any loss or damage or injury caused by circumstances beyond its control, including any mechanical breakdown, power failure, negligence or willful misconduct on the part of the Landlord’s employees or other person whatsoever. That the Landlord will on the written request of the Tenant made two (2ii) months but no earlier than three (3) months before the expiration of the term hereby created and if there shall not be at the time of such request keep any existing breachabatement, non-observance exemption, refund, rebate or credit of any of the covenants on the part of the Tenant hereinbefore contained or the Landlord has no intention to sell or otherwise dispose of the Demised Premises at the expenses of the Tenant grant to the Tenant a tenancy of the Demised Premises for a further term of a duration specified Impositions in Section 8 of the Schedule hereto commencing immediately form the expiration of the said term at a rent to be mutually agreed upon but otherwise containing the like covenants and provision as are herein contained with the exception of the present covenants for renewal. In determining the mutually agreed rent for the further term and in the event of any increase, the Landlord shall increase not more than 20 % (TWENTY percent) of rental rate at the time. This renewal option shall become null and void if the rental rate cannot be agreed by both parties within thirty (30) days and the Landlord shall thereafter be entitled to vacant possession of the said Demised Premise. The existing rental at the time subject in all other respect to the same conditions and covenants as are herein contained save and except this clause for the renewal of this tenancy. If the Tenant fails to yield up peacefully the Demised Premises upon the early determination or expiry of the Tenancy, the Tenant shall be chargeable, at the Landlord’s option and until the Tenant delivers to the Landlord possession of the Demised Premises, with double the rent then payable to the Landlord for the Demised Premises. Acceptance of such rental shall not prejudice the Landlord’s rights and remedies to recover possession of the Demised Premises from the Tenant. To refund the Security Deposit and Utility Deposit free of interest to the Tenant upon the expiry of this tenancy or the lawful termination of this Agreement and upon delivery of vacant possession of the Demised Premises to the Landlord in accordance with the terms of this Agreement PROVIDED ALWAYS that the Landlord shall be at liberty to deduct there from such sums or sums as may be required to cover all arrears of rent, water, electricity, Indah Water and telephone bills (if any) and the cost of carrying out repair or painting of the Demised Premises (if required). The Landlord shall be entitled to sell the Demised Premises at any time during the tenancy term and during extended term.effect