AN AGREEMENT made the

day of

2013

BETWEEN
WONG CHENG WAH (NRIC NO : 451022-06-5001) [new] 1657417 [old]) of Lot 30,
Jalan DAlpinia &, Taman DAlpinia 1B, 47100 Puchong Kuala Lumpur (hereinafter
called the landlord which expression shall where the context so admits include the person
for the time being entitled to the reversion immediately expectant on the determination of the
tenancy hereby expressly granted) of the one part.
AND
RESTOREN SRI BENTENG (COM REG: CA0203710-T) of No. 63, Jalan Besar, 25000
Kuantan Pahang Darul Mamur (hereinafter called the tenant which expression shall
where the context so admits include his successors in title) of the other part.
WHEREBY IT IS AGREED as follows:1.

The Landlord lets and the tenant takes the whole of the GROUND FLOOR of a
shophouse known as No.63, Jalan Besar, 25000 Kuantan, Pahang Darul Makmur
(hereinafter called the demised premises) and also the fixtures and fittings on the
demised premises of the nature of the of the landlords fixtures TO HOLD the same
unto the tenant from the 1st day of October 2013 for the term of three (3) years (up to
30th September 2016) but determinable as hereinafter provided paying therefore
during the said term the monthly rents of RM1,800.00 ( Ringgit Malaysia One
Thousand Eight Hundred only) payment of such rents without any deduction to be
made in advance on the first day of each and every current month of the term hereby
granted the first of such payment to be made on 1st day of October 2013.

2.

The tenant hereby covenants with the landlord as follows :(1)

To pay the reserved rents at the times and in manner as aforesaid.

(2)

To pay all rates charges and outgoings (including any deposits connecting and
turning on fees) in respect of the rent and use of telephone the supply and the
consumption of electricity and water in the demised premises and for
conservancy and refuse and sewerage disposal.

(3)

To keep the demised premises and ever part thereto (and additions in and to
the same) and all the landlords installations and fixtures therein in good and
tenantable repair and condition (fair wear and tear expected) throughout the
said term and to yield up the same in such repair and condition at the end or
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sooner determination of the said term and to replace such of the landlords
installations and fixtures as may during determination of the said term and to
replace such of the landlords installations and fixtures as may during the said
term become worm out or unfit for
use by substituting others of a like nature and equal value as at the
commencement of the said term.
(4)

Not to make any structural or other alterations or additions (including the

tenants trade fixtures) to the demised premise without the prior written
consent of the landlord and giving such written consent the landlord shall be
entitled to impose such condition as the landlord shall think fit and reasonable
including but not limited to the following condition:(a) Deposit with the landlord of such sum of money as shall be sufficient to
restore the demised premises to its former state and condition. The deposit
shall be refunded without interest by the landlord to the tenant only if the
restoration shall be done to the reasonable satisfaction of the landlord or in the
event of any dispute, to the reasonable satisfaction of the landlords engineer
or architect (as the came may be)
(b) the tenants undertaking to remove such alterations or additions (including
the tenants trade fixtures) at or before the and of the said term and to restore
the demised premises in all respects to its former state in the manner as set out
in sub-subclasses (a) above of this subclasses .
(C) the tenant shall obtain the approval of plans permission and others
necessary for the execution of the said alterations and additions and comply
with the regulations bylaws and other matters prescribed by any competent
authority either generally or in respect of the specific work undertaken in such
alteration or additions contained in this subclasses shall be compiled with at
the cost and expense of the tenant.

(5)

Not to add to or in any way interfere with (otherwise than purpose of

complying with his obligation hereunder for the repair of the same) the electric
cables wires switches junctions or point the pipes taps or other apparatus
installed in connection with the supply or use of electricity water gas of other
conveniences.

(6)

To hold and keep the landlord full indemnified from and against all actions
costs claims demands and liabilities whatsoever in respect of injury (including
fatal injury) or damage to person or property due to or arising from the act
neglect or default of the tenant his agents servant licensees or invitees
including (but without prejudice to the generality of the foregoing words)
failure to comply with his obligation under the term of this agreement.

(7)

To permit the landlord and his duly authorized agent upon giving one weeks
prior notice at all reasonable times of the day to enter upon the demised
premises and upon any additions thereto to examine the condition of the same
and to ascertain that there has been and is no breach or non-compliance by the
tenant of or with his several covenants herein contained and further if the
landlord shall serve upon the tenant notice in order to comply with the
covenants herein contained and the tenant shall not within ten (10) days after
the service of such notice proceed diligent with the execution of such repairs
and works to permit the landlord or his duly authorized agent to enter upon the
demised premises with or without workmen and others and execute such
repairs the cost whereof shall be a debt due from the tenant to the landlord and
be forthwith recoverable by action.

(8)

To use the demised premises for carrying on the trade or business of restaurant
now or to be registered and carried on by the tenant and in all respects to
comply at the tenants own costs with all obligations imposed by law in regard
to carrying on the same by the tenant on the demised premises PROVIDED
ALWAYS that if the competent authority at any time decides that such use is
not a permitted use of the demised premises then this premises shall determine
and either party shall not make against the other any claims for damages or
other compensation in respect of such use not being a permitted use as
aforesaid expect that the landlord shall refund to the tenant and the rental
deposit, if any, without interest thereon.

(9)

To affix or exhibit or permit to be affixed upon any part of the demised

premises any placard advertisement or sign whether illuminated or otherwise
as shall be necessary for the tenants trade or business or as may be required
by law to affix or exhibit and PROVIDED FURTHER that any such placard

advertisement or sign as aforesaid shall comply with the requirement or with

any enactment or regulations for time being in force in force relating thereto.
(10)

Not to assign underlet or part with the possession of the demised premises or
any part thereof or to share occupation of the whole or any part thereof for all
or any part of the said term without the prior written consent of the landlord
which consent shall not be unreasonably withheld.

(11)

Not to do or permit or suffer to be done in or upon the demised premises or

any part thereof any act matter or thing shall be or become a nuisance or
annoyance to the landlord his tenants or lessees or to the owners lessees or
occupiers for the time being of any adjoining or neighboring premises
(residential or business) or to any competent authority.

(12)

Not to do or permit or suffer to be done on the demised premises or any part

thereof anything whereby any insurance policy or policies effected against the
risk of damage to or destruction of the demised premises or any part thereof or
any of the adjoining or adjacent premises of the landlord or any part thereof
respectively may become void or voidable or whereby the rate premium for
any of such insurance may be increased and repay to the landlord all sums
paid by the landlord by way of increase premiums and all expenses incurred
by him in or about the renewal of such policy or policies rendered necessary
by a breach of this covenant and all such payments shall be added to the rent
hereinbefore reserved and recoverable as rent. The landlord shall furnish to the
tenant the terms and condition of such policy or policies from time to time.

(13)

Without prejudice to the generality of the last forgoing covenant, not without
the consent of the landlord to bring permit or suffer to be brought onto the
demised premises or any part thereof any highly inflammable explosive or
dangerous matters or articles which are not in any way connected with or
incidental to the carrying on of the tenants business described in this
agreement.

(14)

During the last two (2) months of the said term whether the same shall expire
by efflux ion of time or by notice given in the manner hereinafter provided to
permit the landlord to affix any part of the demised premised and to retain
without any interference or notice stating that the same are for sale or to let
during the same period permit all persons with written authority from the
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landlord and upon appointment being made the demised premises at all
reasonable hours of the day.
(15)

Not to permit or suffer the demised premises or any part thereof to be used for
any illegal or immoral purposes; and

(16)

Not to cause or permit or suffer to be caused any obstruction to the common

entrance passages and other portions of the demised premises and to allow the
landlord his servants agents liensees lessees or invitees the common use
thereof.

(17)

Upon the receipt of any notice order direction or other thing from any
competent authority in respect of or affecting or likely to affect the demised
premises (whether directly or by receipt of the original or copy from other
person) to comply therewith so far as same shall require anything to be done
or not done by the tenant or occupier and in any event forthwith to deliver the
same or a copy thereof to the landlord.

(18)

On the determination of the term hereby granted (whether by efflux ion of

time notice quit or otherwise), to remove all the tenant signboard and other
advertisement from the demised premises and to sweep and clean the demised
premises and to remove all debris and rubbish out of the demised premises.

3.

The landlord hereby covenants with the tenant as follow :(1)

To pay all existing and future rates assessments and outgoings payable in
respect of the demised premises not payable by the tenant under the provisions
of this agreement (expect as foresaid); and

(2)

That the tenant paying the rents hereby reserved and performing and observing
the covenants of the part of the tenant and the conditions herein contained
shall peacefully hold and enjoy the demised premises during the said term
without any interruption by the landlord or any person rightfully claiming
under or in trust for the landlord.

4.

PROVIDED ALWAYS and it is hereby agreed as follows :(1)

If and wherever during the said term the rents hereby reserved or made
payable or any part thereof shall be in arrears and unpaid for the period of
seven (7) days next after becoming payable (whether formally demanded or
not) or if and wherever there shall be any breach or non-performance or nonobservance of any of the covenants or agreements on the part of the tenant
5

herein contained or if the tenant shall become bankrupt or shall enter into
liquidation whether compulsory or voluntary or have a receiver appointed of
his undertakings or if the tenant for the time being shall enter into any
arrangement or composition for the benefit of the tenants creditors or shall
suffer any distress or execution to be levied on the tenants goods then and in
any of the said cases it shall be lawful for the landlord at any time thereafter
and notwithstanding the waiver of any previous right of re-entry into or upon
the demised premises and any part thereof in the name of the whole to re-enter
and thereupon the said term shall absolutely cease and determine but without
prejudice to any rights or remedies which may then have accrued to either
party against the other in respect of any antecedent breach of any of the
covenants herein contained.
(2)

In case the demised premises or any part thereof shall at any time during the
said term be so damaged or destroyed by fire or other risk not occasioned by
the willful act neglect or default of the tenant his family visitors servants or
others as to be unfit for occupation and use then and in such event this present
demise shall determine and the same and everything herein contained shall
cease and be void as from the date of the occurrence of such damage or
destruction but without prejudice to the rights and remedies of either party
against the other in respect of any antecedents claims or breach of covenants
or of the landlord in respect of the rent hereby reserved until such date.

(3)

The landlord shall not be responsible to the tenant or the tenants licensees
servants agents or other persons in the demised premises or calling upon the
tenant for the accident happening or injury suffered or damaged to or loss of
any chattel or property sustained on the demised premises or in the building.

(4)

If the tenant shall desire to determine the said term and shall give the landlord
a prior two (2) months written notice of such his desire and upon the
expiration of such notice as aforesaid and upon yielding up by the tenant to the
landlord of actual complete vacant possessions of the entirety of the demised
premises together with all keys thereof at or prior to the expiration of such
notice aforesaid the said term shall cease and determine but without prejudice
to the rights and remedies of either party against the other in respect of any
antecedent claims or breach of covenant SAVE AND EXPERT as provided in
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subclasses (1) of this clause, the landlord shall not be to determine the said
term by notice to quit given to the tenant.
(5)

In consideration of the demise hereinbefore contained having been made at

this request, the tenant deposit with the landlord the sun RM 3,600.00 and th
e parties hereto hereby agree that the said deposit shall be dealt with in the
following manner :(a) the tenant hereby covenants with the landlord that he shall pay the rent
hereby reserved on the days and in the manner aforesaid and shall duly
perform and observe all the covenants hereinbefore on the tenants part
contained and that in case of default in such payment of rent or performance or
observance of any of the convents as aforesaid during the currency of the said
term the landlord shall be entitled to forfeit the aforesaid deposit but without
prejudice to the right and remedies of the landlord against the tenant in respect
of any antecedent claim or breach of covenants.
(b) notwithstanding that the tenant shall be entitled to determine this
agreement by serving a written notice to quit on the landlord as provided
hereinbefore and in consideration of the landlords waiver of the landlords
right as provided in subclasses (4) above, if the tenant shall determine the said
term in the manner provided hereinbefore then the landlord shall be entitled to
forfeit the aforesaid deposit but without prejudice to the right and remedies of
the landlord against the tenant in respect of any antecedent claim or breach of
covenants.
(c) upon the determination by efflux ion of time the aforesaid deposit shall be
refunded without interest thereon to the tenant subject nevertheless to such
deductions for which the tenant shall be liable under the provision of this
agreement and remaining unpaid by the tenant at such determination ; and

(6)

The tenant shall deposit with the landlord the sum of RM 1,000.00 as security
for payment of water and electricity charges (hereinafter call the utilities
charges) by the tenant and the tenant hereby covenants to pay and discharge
all utilities charges to be incurred during the term hereby granted and in the
event the tenant shall fail to pay and discharge the same at time any time
during the said term or at the determination of the said term, then the landlord
shall be entitled to use the said term or at the determination of the said term,
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then the landlord shall be entitled to use the said deposit to discharge the said
utilities charges and the tenant shall make good any deficit amount to the
landlord. If at any time during the said term the said deposit shall after
payment of the said utilities charges, be depleted or become less than the
original amount. The said deposit or any balance shall be refunded without
interest thereon by the landlord to the tenant without any unreasonable delay
upon the determination of the said term (whether by efflux ion of time or
otherwise).
(7)

If the tenant shall pay the rents hereby reserved and perform and observe all
the covenants and obligations therein on the tenants part contained then at the
written request of the tenant served upon the landlord within three (3) months
before the expiration of the term hereby granted (in this clause called the term
date) the landlord shall grant to the tenant at the expense of the tenant a further
term of two (2) years of the demised premises from the term date at the rent to
be mutually agreed upon by the parties hereto in the first instance and in the
event that the parties hereto shall fail to reach such agreement then the rent
payable shall be based on the then current market rental value of similar
premises within the same locality and further if such market rental value shall
not be acceptable to either party, the rent payable shall be determined by a
licensed valuer to be mutually appointed by and at equal costs of the parties
hereto and be payable as herein provided and subject in all other respect to the
same stipulations as are herein contained expect this subclasses for renewal.

5.

The tenant shall bear and pay for the incident preparation and completion of this
agreement and the stamp duties payable thereon and the same shall be paid on the
execution of this agreement.

6.

Any consent approval determination authority or notice required to be given by the

parties hereto shall be in writing and shall be deemed to be sufficiently served if it is
handed personally to any by each of the parties hereto or if left or sent by post to him
at last know address.

7.

Word importing the masculine genders includes the feminine and neuter genders and
the singular includes the plural and vice versa unless the same is inconsistent with the
context and whereby two more persons mentioned this agreement binds them jointly
and severally.
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IN WITNESS WHEREOF the parties have hereunto set their respective hands and seals the
day and year first abovewritten

SIGNED by the landlord

In the presence of :

WONG CHENG WAH

SIGNED by the tenant

In the presence of :

..
ARIFFIN BIN MOHD NONG

FARIDAH BINTI AWANG TEH