an agreement made this day of - gpa.gov.hk. 6 lloyd path tenancy... · throughout the term of the...
TRANSCRIPT
AN AGREEMENT made this day of
Two Thousand and Eight BETWEEN the Chief Executive on behalf of the Government of
the Hong Kong Special Administrative Region care of the Government Property Agency,
31st Floor, Revenue Tower, No.5 Gloucester Road, Wanchai, Hong Kong (hereinafter called
"the Landlord") of the one part and XXXX (hereinafter called "the Tenant") of the other part
whose address is situated at No. 6 Lloyd Path, The Peak, Hong Kong (or registered address
in case of a corporate tenant).
WHEREBY IT IS AGREED AS FOLLOWS :
1. The Landlord lets and the Tenant takes All That premises situate at No. 6 Lloyd
Path, The Peak, Hong Kong which comprises one building and a carport which
are for identification purpose only shown coloured pink on the plan annexed
hereto (hereinafter referred to as “the said Buildings”) and an open area which is
for identification purpose only shown coloured blue on the plan annexed hereto
(hereinafter referred to as “ the Open Area” ) (the said Buildings and the Open
Area are hereinafter collectively referred to as “the said Premises”) for a term of
TWO years commencing on the Day of ( hereinafter referred to as
“Commencement Date” ) and expiring on the Day of determinable as
hereinafter provided at the monthly rent of Hong Kong Dollars
Only (HK$ ) (exclusive of rates and any other outgoings whatsoever)
payable monthly in advance on the first day of each and every calendar month
throughout the term of the tenancy hereby created. Notwithstanding the above, it
is hereby agreed that no rent shall be payable for the period from______
to______ both days inclusive (hereinafter referred to as “the Rent-Free
Period”) provided that the Tenant shall pay all outgoings including but not
limited to rates, electricity, gas, water and any other utilities consumed in the said
Premises during the Rent-Free Period.
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2. THE TENANT HEREBY AGREES WITH THE LANDLORD as follows:-
(a) To pay the said rent on the days and in the manner as specified in Clause 1
above.
(b) (i) To make such arrangements for the supply of electricity, water, gas,
telephone and other utility services to the said Premises as the Tenant
shall require and to pay all charges in connection therewith.
(ii) To pay and discharge punctually all charges for electricity water gas
telephone rental and other outgoings consumed by the Tenant and
chargeable in respect of the said Premises and to pay all necessary
deposits required by the relevant utility companies for the same during
the term of the tenancy hereby created.
(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 all rates taxes assessments duties charges
impositions and outgoings whatsoever which are during the term of the
tenancy hereby created imposed or charged by the Government of the Hong
Kong Special Administrative Region (hereinafter referred to as “the
Government”) 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
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authority rates quarterly in advance upon assessment of rates by the Rating
and Valuation Department. Any over-payment or under-payment to the
Landlord by the Tenant resulting from the difference between the
provisional rates paid to the Landlord and the rates assessed by the Rating
and Valuation Department shall be repaid by the Landlord to the Tenant or
paid by the Tenant to the Landlord as the case may be, within 30 working
days, excluding Saturdays, Sundays and public holidays, upon notification
to the Landlord by the Rating and Valuation Department of the assessment
of rates having been made.
(e) To keep all the interior of the said Buildings and the Open Area (including
the driveway thereon), and the Landlord’s installations as set out in the
SCHEDULE hereto (hereinafter referred to as “the Installations”) and all of
the Landlord’s fixtures and fittings therein and thereon (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, wardrobes, cabinets, gates,
railings, fences and electric wiring installations in good clean tenantable
substantial and proper repair and condition (fair wear and tear excepted) and
to 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 wardrobes, cabinets,
gates, fences, doors and windows whether the same be broken or damaged
by the negligence of the Tenant or owing to circumstances beyond the
control of the Tenant.
(f) To take all reasonable precautions to protect the interior of the said
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Buildings from damage threatened by an approaching storm or typhoon.
(g) Not to remove any of the Installations provided by the Landlord or permit or
suffer the same to be removed from the said Premises except 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.
(h) To be wholly responsible for any loss, damage or injury 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
Buildings and the Open Area (including the driveway thereon) (including
but not limited to doors, windows, wardrobes, cabinets, split-type air-
conditioners, gates, railings, fences, CCTV surveillance system, infra-red
scan security system, automated main front gate, automated roller shutter of
the garage and electric wiring installations), the Landlord's fixtures therein
and the contents therein for which the Tenant is responsible hereunder and
to make good the same by payment or otherwise and to fully indemnify the
Landlord and its agent against all claims demands actions and legal
proceedings whatsoever made upon the Landlord and/or its agent by any
person in respect thereof and all costs and expenses incidental thereto.
(i) 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 Premises
and the grounds adjoining thereto. The Tenant particularly agrees not to
carry out the following work without the prior approval of the Landlord :-
(i) painting or re-painting the interior or exterior woodwork of the said
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Premises (including the doors door frames skirting boards and window
boards); and
(ii) demolishing any existing buildings and erect any new buildings or
structures within the said Premises.
(j) (i) To permit the Landlord, its agents and all persons authorised by the
Landlord 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 and state of repair of the said Premises or
the slopes within Government land adjacent to or adjoining the
said Premises (hereinafter referred to as “the said Government
Slopes”);
(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
and/or the said Government Slopes which the Landlord and/or its
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 make good 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 agent).
(iii) In the event of the Tenant not complying with such notice the Landlord,
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its agents and all persons authorised by the Landlord 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 the Tenant shall pay to the Landlord the costs of such work
incurred by the Landlord, and such costs if unpaid on the due date as
specified by the Landlord shall be a debt due from the Tenant to the
Landlord, and be forthwith recoverable by action (it being agreed and
declared that a certificate under the hand of the Landlord as to the
costs of any such works shall be final and conclusive and shall be
binding on the Tenant).
(k) (i) Save as provided in sub-clause (ii) below, not to assign, mortgage,
charge, demise, underlet, part with the possession of or otherwise
dispose of the said Premises or any part thereof or any interest therein
or enter into any agreement so to do and in the event of any such
mortgage, charge, demise, subletting, sharing, assigning or parting
with possession of the said Premises (whether for 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 where-upon Clause 4(a)
hereof shall apply.
(ii) The Tenant may permit the Tenant's employee and his family and
servants to occupy the said Premises provided that the said Premises
shall only be occupied by such employee as one single family
residence and if such employee 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
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vacated by such employee, his family and servants forthwith.
(l) Not to do or permit or suffer anything to be done at any time in or upon the
said Premises or any part thereof which may be or become a nuisance or
annoyance to the owners, tenants or occupiers of any neighboring premises
or in anywise be against the laws or regulations of the Hong Kong Special
Administrative Region (hereinafter referred to as “Hong Kong”).
(m) 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). The Tenant particularly agrees to indemnify the
Landlord against any breach non-observance or non-performance hereof.
(n) Not to use the said Premises or any part thereof for any illegal or immoral
purpose and the determination of the Landlord as to what constitutes illegal
or immoral purposes shall be final and binding on the Tenant.
(o) Not to use or permit or suffer the use of the said Premises or any part
thereof for any purpose other than private residential purposes (excluding
staff quarters unless the said Premises are to be occupied by the Tenant’s
employee as one single family residence).
(p) 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
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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 owners, occupants or tenants of any neighboring premises or
buildings.
(q) Not to do or cause or permit or suffer to be done anything which shall
increase the risk of the said Premises 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.
(r) Not to display affix or put up any signboard illuminated sign curtain
decorative blind screen or other thing whatsoever outside the said Buildings
and in and outside the Open Area or on any gate railing fence 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.
(s) At the expiration or sooner determination of this Agreement to deliver up to
the Landlord the said Premises including the Landlord's fixtures and the
Installations in a state of good repair and condition and to reinstate the said
Premises to its original condition (fair wear and tear excepted). The Tenant
acknowledges that the Tenant shall not be entitled to any extension or
renewal of this Agreement at its expiration save and except exercise of the
option to renew pursuant to Clause 4(s) hereinafter contained.
(t) In the event of the Tenant installing private air-conditioning units in the said
Premises with the prior written consent of the Landlord, to comply with the
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direction and instructions of the Landlord regarding the type of unit and
installation thereof and at the Tenant’s own expense be responsible for their
maintenance and repair in good and proper condition at 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 said 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 said
Premises resulting from a breach of this provision shall be made good at the
sole expense of the Tenant.
(u) 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.
(v) Not to interfere with the trees growing on the said Premises or adjacent
thereto without the prior written consent of the Landlord and shall maintain
the garden, the landscape and any horticulture therein within the Open Area
at the Tenant’s own costs.
(w) To maintain the sewage facilities within the said Premises at his own costs
and shall be wholly responsible for cleansing or clearing any of the drains,
pipes or sanitary or plumbing apparatus within the said Premises choked or
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stopped up during the term of the tenancy hereby created owing to any
reason whatsoever.
(x) To obey and comply with and to indemnify the Landlord against the breach
of all ordinances, regulations, bye-laws, rules and requirements of any
governmental or other competent authority relating to the use and occupation
of the said Premises or any other act, deed, matter or thing done, permitted,
suffered or omitted therein or thereon by the Tenant or any employee, agent
or licensee of the Tenant.
(y) To be wholly responsible for security of the said Premises and any motor
vehicles parked or other things placed thereon and to indemnify the Landlord
against all loss, injury and damage resulting from any breach non-observance
or non-performance hereof.
3. THE LANDLORD AGREES WITH THE TENANT as follows :-
(a) To permit the Tenant on his duly paying the rent hereby reserved and
performing and observing the obligations on his part herein contained to
have quiet possession and enjoyment of the said Premises during the term of
the tenancy hereby created without any interruption by the Landlord or any
person lawfully claiming through or in trust for the Landlord until such time
as this Agreement is determined.
(b) To maintain and keep the main structure and exterior walls of the said
Buildings 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 of any want of repair of the same shall have been
previously given by the Tenant to the Landlord and the Landlord shall have
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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 Further that the Landlord shall not be required to repaint or
whitewash any internal or external part of the said Premises.
4. IT IS HEREBY AGREED BY AND BETWEEN THE LANDLORD AND THE
TENANT as follows :-
(a) That in case the rent hereby reserved or any part thereof shall be in arrears
and unpaid for fifteen days next after the same shall have become due
(whether the same shall have been formally demanded or not) or if there
shall be any breach, non-performance or non-observance of any of the terms
and conditions to be observed or performed by the Tenant herein contained
or if the Tenant shall become bankrupt or being a company shall enter into
liquidation or shall enter into any composition or arrangement with his
creditors or shall suffer any distress or execution to be levied upon any of
his goods or effects then and in any of the said cases, it shall be lawful for
the Landlord at any time thereafter 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 right of action of the
Landlord in respect of any antecedent breach, non-performance or non-
observance of the said terms and conditions and in the event of such re-entry
the rent already paid or any part thereof shall not be refunded 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 re-entry shall be a full and sufficient exercise of such
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power without actual entry on the part of the Landlord.
(b) That 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) That the Tenant shall on or before the signing or execution of this
Agreement deposit with the Landlord the sum of HK$ by way of
deposit as security for the due payment of the rent and the due performance
and observance by the Tenant of all and singular the several agreements,
conditions, terms and stipulations herein reserved and contained. The
deposit shall remain deposited with the Landlord throughout the term of the
tenancy and shall upon the Tenant delivering up vacant possession of the
said Premises to the Landlord in accordance with the provisions herein
contained and upon the Tenant duly observing and performing the Tenant’s
obligations hereunder be refunded to the Tenant but 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 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 or in settlement of such outstanding
utility or other charges and if there shall be any breach of the said
agreements 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 deposit to the Tenant
PROVIDED that nothing herein contained shall be so construed as
preventing the Landlord from recovering from the Tenant damages in
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respect of such default over and above the deposit PROVIDED FURTHER
that the payment of the deposit shall not be deemed or considered as a
payment of rent in advance or accordingly in any action for recovery of
possession for non-payment of rent or the rates, taxes, assessments, duties or
outgoings aforesaid the Tenant shall be deemed to be in default if the rent is
not paid in accordance with the terms and conditions herein contained.
(d) That 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) That 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 to be agreed between both parties or in default of agreement to be
appointed at the request of either party by the President for the time being of
The Hong Kong Institute of Surveyors, such arbitration to be conducted in
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accordance with the provisions of the Arbitration Ordinance Chapter 341 of
the Laws of Hong Kong or any statutory amendment modification or
enactment 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 said Premises is not reinstated by
the Landlord within three months of receiving a written notice to reinstate the
same from the Tenant or shall remain subject to the said closure order or
otherwise remain unfit or declared unfit for use and occupation for a period of
three months the Landlord or the Tenant may forthwith or within a reasonable
time thereafter terminate this Agreement by serving to the other of them
notice in writing and thereupon the same and everything herein contained
shall determine as from the date of the occurrence of such destruction or
damage or closure order or of the said Premises becoming inaccessible but
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) That 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. The Tenant
shall fully and effectually indemnify the Landlord from and against all
claims and demands made against the Landlord 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
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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 Buildings and the Open Area (including the driveway
thereon) and the Landlord's fixtures the Installations or any fixtures or
fittings therein for the repair of which the Tenant is responsible hereunder
and against all costs and expenses incurred by the Landlord 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) That 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) That 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% above the 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.
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(j) That any notice under this Agreement shall be in writing and any notice to
the Tenant shall be deemed to be sufficiently served if sent by post or left
addressed to him on any part of the said Premises or sent by post or left at its
last known address in Hong Kong and in the case of a corporation forwarded
to it by post or left at its registered office and any notice to the Landlord
shall be sufficiently served if sent by registered post or left at the last known
address of the Government Property Agency.
(k) That each party shall bear their own solicitors' costs of and incidental to this
Agreement.
(l) That the Tenant shall pay the adjudication fee and 50% of the stamp duty (if
any) chargeable.
(m) That the Landlord and its 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 or arising from accidents which take place in the said Buildings
and the Open Area (including the driveway thereon).
(n) That 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 Premises as may be
reasonable in the interest of the Tenant and shall not be responsible to the
Tenant for any loss or injury occasioned by such stoppage as aforesaid.
(o) That in the event of fire typhoon or other contingencies or emergency which
in the opinion of the Landlord and/or its agents may cause or threaten to
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cause damage to the said Premises, the Landlord and/or its agents 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 and in such
event the Landlord and/or its agents shall not be answerable to the Tenant
for any loss or damage which the Tenant may sustain thereby.
(p) That it is hereby declared and agreed that at any time after the expiration of
twelve (12) calendar months from the Commencement Date, the Tenant
shall have the right to determine this Agreement subject to the following
conditions:-
(i) not less than three (3) calendar months’ prior written notice or payment
in lieu of such 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 the end of the first year of the term of the tenancy
hereby created; that is a minimum term of tenancy of fifteen (15)
calendar months is required before the term of the tenancy hereby
created may be terminated; 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.
(q) That the Tenant acknowledges that once the written notice pursuant to
Clause 4(p)(i) above has been served by the Tenant, the Tenant shall have
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no right to renew the tenancy pursuant to Clause 4(s) below and 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 to properly reinstate the said Premises to its original condition
(fair wear and tear excepted) upon the expiration of the said 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.
(r) That the Landlord shall not be responsible for the upkeep and/or
replacement of electrical appliances provided in the said Premises. The
Tenant takes these appliances at his own risk.
(s) Subject to Clause 4(q) hereof, that the Landlord shall, on the written request
of the Tenant made not less than four (4) calendar months before the
expiration of the term of the tenancy hereby created and if there shall not at
the time of such request be any existing breach or non-observance or non-
performance of any of the covenants and conditions on the part of the
Tenant hereinbefore contained, grant to the Tenant a tenancy of the said
Premises for a further term of two (2) years from the expiration of the term
of the tenancy hereby created on the same covenants and conditions as are
therein contained save and except for the Rent-Free Period under Clause 1
hereof and without this option for renewal and this clause and at an open
market rent (hereinafter referred to as “the Market Rent”) to be mutually
agreed not less than one (1) calendar month before the expiration of the
term of the tenancy hereby created or failing agreement, to be determined
by arbitration at the expense of the Tenant by a single arbitrator to be
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agreed between both parties or in default of agreement to be appointed at
the request of either party by the President for the time being of The Hong
Kong Institute of Surveyors, such arbitration to be conducted in accordance
with the provisions of the Arbitration Ordinance, Cap. 341 of the Laws of
Hong Kong or any statutory amendment modification or enactment thereof.
Until the Market Rent has been agreed or determined, the Tenant shall
continue to pay the said monthly rent as specified in Clause 1 hereof. On
agreement or determination of the Market Rent, the Tenant shall pay to the
Landlord or the Landlord shall pay to the Tenant as the case may be, the
difference between the rent which shall be payable if the Market Rent is so
agreed or determined before the expiration of the term of the tenancy
hereby created and the rent which has been paid. In the event of the
Market Rent so agreed or determined is higher than the rent as specified in
Clause 1 hereof, the deposit to be deposited with the Landlord in
accordance with the provisions of the agreement for the said further term of
two (2) years may be increased by the Landlord at the Landlord’s sole
discretion upon the Landlord giving to the Tenant notice to that effect. As
from the date being the effective date as stipulated in such notice such
increase shall take effect and in this connection, the Tenant shall pay to the
Landlord on or before the said effective date a sum equivalent to the
difference between the deposit previously deposited with the Landlord
under this Agreement and the deposit as so increased.
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.
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(b) This Agreement shall in all aspects be governed by and construed in
accordance with the laws of Hong Kong.
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IN WITNESS WHEREOF the Chief Property Manager, Government Property Agency being
duly authorized by the Chief Executive so to do has set his hand hereto for and on behalf of
the Landlord and the Tenant has set his hand hereto the day and year first above written.
SIGNED By ) 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 ) ) ) ) ) ………………………………… ) ……………………………… Print Name Signature and Company Chop
Witnessed By:-
……………………………….. Signature
………………………………… Print name
RECEIVED the day and year first ) above written from the Tenant the ) sum of HONG KONG DOLLARS ) $ being the deposit money) above expressed to be paid by the ) ………………………………… Tenant to the Landlord ) Signature
)
) ……………………………… Print Name
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SCHEDULE The Installations: 1. Kitchen Gas cooker, oven, sink heater and exhaust-hood 2. Bedrooms Boilers 3. Garage Automated roller shutter 4. Others
CCTV surveillance system which includes 5 nos. of cameras installed within the said Premises and one no. of camera installed outside the said Premises at the position marked with an asterisk “* ” on the tenancy plan attached hereto
Infra-red scan security system Automated main front gate Split-type air-conditioners (9 nos.)
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Serial No:RAFXXXX
DOMESTIC PREMISES
Dated the
__________________________________________________________________
The Government of The Hong Kong
Special Administrative Region
and
XXXX
All That No. 6 Lloyd Path, The Peak, Hong Kong
Tenant : XXXX Term : Two (2) years (renewable for 2 years) Commencing : Expiring : Monthly Basic Rent : HK$
(exclusive of rates and any other outgoings whatsoever)
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