all terms and conditions on this sample document … · all terms and conditions on this sample...

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All terms and conditions on this sample document are subject to change by the Government without prior notice. (HKSARG_TA)_Version 03.12.2010 AN AGREEMENT made this day of BETWEEN The Government of the Hong Kong Special Administrative Region care of the Government Property Administrator, Government Property Agency, 31st Floor, Revenue Tower, No.5 Gloucester Road, Wanchai, Hong Kong (hereinafter called "the Landlord") of the one part and <Tenant Name> (hereinafter called "the Tenant") of the other part whose address is situated at <Tenant Address>. WHEREBY IT IS MUTUALLY AGREED AS FOLLOWS : 1. The Landlord shall let and the Tenant shall take All That portion of the messuage and premises situate at <Premises Street> (hereinafter referred to as “the said Building”) which said portion consists of All That Flat <No.> on the <No.> Floor and Carparking Space No. <No.> (hereinafter called “the said Premises”) Together with the use in common with the Landlord and any other tenants or occupiers of the said Building of the entrances staircases landings passages lift lobbies walkway and all other common areas (hereinafter called "the Common Areas") so far as the same are necessary to the enjoyment of the said Premises and of the lifts whenever the same shall be operating and also subject to the House Rules from time to time in force for the term of TWO years commencing on the <No.> Day of <Date> ( Commencement Date ) and expiring on the <No.> Day of <Date> at the calendar monthly rent of Hong Kong Dollars <Amount> Thousand Only (HK$ <Amount>) payable monthly in advance on the first day of each and every calendar month throughout the term clear of all deductions whatsoever and exclusive of rates and other charges. Notwithstanding the above, it is hereby agreed that no rent is payable for the period commencing on <Date> to <Date> both days inclusive (“the Rent-Free Period”) provided that the tenant shall pay all outgoings including but not limited to rates, management fees,

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

(HKSARG_TA)_Version 03.12.2010

AN AGREEMENT made this day of

BETWEEN The Government of the Hong

Kong Special Administrative Region care of the Government Property Administrator,

Government Property Agency, 31st Floor, Revenue Tower, No.5 Gloucester Road, Wanchai,

Hong Kong (hereinafter called "the Landlord") of the one part and <Tenant Name>

(hereinafter called "the Tenant") of the other part whose address is situated at <Tenant

Address>.

WHEREBY IT IS MUTUALLY AGREED AS FOLLOWS :

1. The Landlord shall let and the Tenant shall take All That portion of the messuage

and premises situate at <Premises Street> (hereinafter referred to as “the said

Building”) which said portion consists of All That Flat <No.> on the <No.>

Floor and Carparking Space No. <No.> (hereinafter called “the said Premises”)

Together with the use in common with the Landlord and any other tenants or

occupiers of the said Building of the entrances staircases landings passages lift

lobbies walkway and all other common areas (hereinafter called "the Common

Areas") so far as the same are necessary to the enjoyment of the said Premises

and of the lifts whenever the same shall be operating and also subject to the

House Rules from time to time in force for the term of TWO years commencing

on the <No.> Day of <Date> ( Commencement Date ) and expiring on the <No.>

Day of <Date> at the calendar monthly rent of Hong Kong Dollars <Amount>

Thousand Only (HK$ <Amount>) payable monthly in advance on the first day

of each and every calendar month throughout the term clear of all deductions

whatsoever and exclusive of rates and other charges. Notwithstanding the above,

it is hereby agreed that no rent is payable for the period commencing on <Date>

to <Date> both days inclusive (“the Rent-Free Period”) provided that the tenant

shall pay all outgoings including but not limited to rates, management fees,

(HKSARG_TA)_Version 03.12.2010

2

electricity, gas, water and any other utilities consumed in the said Premises

during the Rent-Free Period.

2. THE TENANT HEREBY AGREES WITH THE LANDLORD as follows:-

(a) To pay the rent hereby reserved monthly in advance to the Landlord in Hong

Kong Currency on the days aforesaid.

(b) To pay and discharge punctually during the said term all charges for

electricity water gas telephone rental and other outgoings from the

Commencement Date or at any time hereafter consumed by the Tenant and

chargeable in respect of the said Premises and to pay all necessary deposits

required by the relevant utility companies or the Landlord's Managing Agent

for the same.

(c) To accept the said Premises in such state and condition as existing on the

date on which possession of the said Premises is given.

(d) To pay and discharge punctually to the Landlord during the said term the

management fees being the monthly contribution towards the costs charges

and expenses for the maintenance management and security service of the

said Building (including the Common Facilities) chargeable in respect of the

said Premises. Such management fees shall be determined by the Landlord

or its Management Agent and shall be subject to revision from time to time

as the Landlord or its Management Agent shall determine.

(e) To pay and discharge punctually all rates taxes assessments duties charges

impositions and outgoings whatsoever from the Commencement Date or

(HKSARG_TA)_Version 03.12.2010

3

hereafter to be imposed or charged by the Government of the Hong Kong

Special Administrative Region or other lawful authority on the said

Premises or upon the owner or occupier in respect thereof (Government

Rent and Property Tax excepted) and in the event that the said Premises

have not yet been assessed to rates, pay to the Landlord provisional rates on

demand equivalent to 5% of the rent hereby reserved, and pay to the

Landlord or the relevant authority rates quarterly in advance upon

assessment of rates by the Rating and Valuation Department.

(f) To keep all the interior of the said Premises and the installations provided by

the Landlord (hereinafter referred to as the “Installations”) and Fixtures &

Fittings therein (which expression shall include those fixtures affixed to the

said Premises by the Landlord at the commencement of or during the term of

the tenancy hereby created) including but not limited to all doors windows

and electric wiring installations in good clean tenantable substantial and

proper repair and condition (fair wear and tear excepted) and to so maintain

the same throughout the term of the tenancy at the expense of the Tenant and

to deliver up the same to the Landlord at the expiration or sooner

determination of the term in the like condition. The Tenant particularly

agrees to replace all broken or damaged windows whether the same be

broken or damaged by the negligence of the Tenant or owing to

circumstances beyond the control of the Tenant.

(g) To take all reasonable precautions to protect the interior of the said Premises

from damage threatened by an approaching storm or typhoon.

(h) Not to remove the installations provided by the Landlord (hereinafter

referred to as "the Installations") or permit or suffer the same to be removed

(HKSARG_TA)_Version 03.12.2010

4

from the said Premises except by the Landlord for the purpose of necessary

repairs or unless approval has been given by the Landlord in writing and to

deliver up the same to the Landlord at the expiration or sooner determination

of this Agreement.

(i) That if any damage is caused to the Landlord or to any other person

whomsoever directly or indirectly through the defective or damaged

condition of any part of the interior of the said Premises (including but not

limited to doors windows electric wiring installations) and the Landlord's

Fixtures therein then the Tenant shall be wholly responsible therefor and

shall make good the same by payment or otherwise and shall fully indemnify

the Landlord and its Managing Agent against all claims demands actions and

legal proceedings whatsoever made upon the Landlord and/or its Managing

Agent by any person in respect thereof.

(j) Not to make or permit to be made any alterations in or additions to the said

Premises or cut maim or injure or suffer to be cut maimed or injured any

walls or timbers thereof or any trees plants and shrubs in the said Building

and the grounds adjoining thereto. The Tenant particularly agrees not to

paint or re-paint the interior or exterior woodwork of the said Premises

(including the doors door frames skirting boards and window boards)

without the prior approval of the Landlord.

(k) (i) To permit the employees or agents of the Landlord and its Managing

Agent with or without workmen or others and with or without

appliances at all reasonable times to enter upon the said Premises for

the following purposes :-

(1) to view the condition of the said Premises ;

(HKSARG_TA)_Version 03.12.2010

5

(2) to take or verify inventories of the Landlord's Fixtures in the said

Premises ; and

(3) to carry out all repairs or improvements to the said Premises or

the said Building which the Landlord and/or its Managing Agent

consider necessary or proper to be done.

(ii) The Landlord may give to the Tenant or leave upon the said Premises

notice in writing of all defects and wants of repair found in the said

Premises for which the Tenant is responsible and the Tenant shall

within fourteen days after delivery of every such notice well and

sufficiently repair and amend such defects and wants of repair

accordingly (such repair works shall only be carried out by a contractor

approved in writing by the Landlord or its Managing Agent).

(iii) In the event of the Tenant not complying with such notice in all

respects the Landlord and the Landlord's agents with or without

workmen or others and with or without appliances may enter upon the

said Premises to remedy all or part of such defects or wants of repair

and shall be entitled to charge the cost thereof to the Tenant which the

Tenant shall forthwith pay upon written demand.

(l) Not to assign underlet or otherwise part with the possession of the said

Premises or any part thereof either by way of subletting lending sharing or

other means whereby any person or persons not a party to this Agreement

obtains the use or possession of the said Premises or any part thereof

irrespective of whether any rental or other consideration is given for such

use or possession and in the event of any such transfer subletting sharing

assigning or parting with possession of the said Premises (whether for

(HKSARG_TA)_Version 03.12.2010

6

monetary consideration or not) this Agreement shall at the discretion of the

Landlord absolutely determine and the Tenant shall forthwith surrender the

said Premises to the Landlord whereupon Clause 4(a) hereof shall apply.

The prohibition stated in this clause shall not apply to the Tenant's employee

and his family and servants, provided that if such occupant shall cease to be

employed by the Tenant for any reason whatsoever during this Agreement,

the Tenant shall be responsible to ensure that the said Premises shall

thereupon be vacated by such occupant.

(m) Not to do or permit or suffer anything in or upon the said Premises or any

part thereof which may at any time be or become a nuisance or annoyance to

the tenants or occupiers of the said Building or neighboring premises or in

anywise be against the laws or regulations of Hong Kong.

(n) At all times to comply with the house rules and such house rules as the

Landlord and/or its Managing Agent may from time to time introduce as it

may deem necessary for the management and control of the said Building

and any alteration and/or amendment of such house rules. This Agreement

shall be in all respects subject to such house rules which when notified to the

Tenant in writing shall be deemed to be incorporated herein and the Tenant

shall ensure that all such rules are faithfully observed by the agents servants

visitors guests and licensees of the Tenant. The Landlord and/or its

Managing Agent shall not be responsible for or under any liability to the

Tenant for the non-observance or violation of such house rules by any other

tenant or person.

(o) Not to do or suffer any act which shall amount to a breach of the conditions

or a non-observance of any negative or restrictive covenant contained in the

(HKSARG_TA)_Version 03.12.2010

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Government Lease or of the relevant Deed of Mutual Covenant (if any)

under which the said Premises are held.

(p) Not to keep or store or cause or permit or suffer to be kept or stored any

arms ammunition unlawful goods gun powder saltpeter kerosene or other

explosive or combustible substance on or in any part of the said Premises or

do or cause to be done or suffer or permit any act deed matter or thing

whatsoever in contravention of the terms or conditions under which the said

Premises are held from the Government or of the relevant Deed of Mutual

Covenant (if any).

(q) Not to use the said Premises or any part thereof for any illegal or immoral

purpose.

(r) Not to use the said Premises for any purpose other than private residential

purpose (excluding staff quarters unless the Premises are to be occupied as

one single family residence).

(s) Not to produce or suffer or permit to be produced at anytime in the said

Premises any music or noise (including sound produced by broadcasting

from television radio and any apparatus or instrument capable of producing

or reproducing music and sound) so as to constitute a nuisance or annoyance

or otherwise to give cause for reasonable complaint on the part of the

occupants or tenants of other portions of the said Building or of neighboring

premises or buildings.

(t) Not to use or permit to be used the passenger lifts of the said Building for

the purpose of carrying any furniture or goods or heavy articles without the

(HKSARG_TA)_Version 03.12.2010

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prior consent of the Landlord or its Managing Agent in writing and to

observe the regulations affecting the use of all lifts as indicated therein or

intimated by the Landlord its Managing Agent or its servants from time to

time.

(u) Not to do or cause or permit or suffer to be done anything which shall

increase the risk of the said Premises or other parts of the said Building to

fire explosion storm or tempest and to indemnify the Landlord against such

loss or damage which the Landlord may have suffered as a result of the

Tenant's act or default.

(v) Not to display affix or put up any signboard illuminated sign curtain

decorative blind screen or other thing whatsoever outside the said Premises

or the said Building or on any door wall balcony or window. The Landlord

shall have the right to remove at the cost and expense of the Tenant any

signboard illuminated sign curtain decorative blind screen or other thing

which shall be affixed displayed or put. The Tenant acknowledges that the

exterior walls of the said Building including the exterior walls of the said

Premises shall be the exclusive property of the Landlord.

(w) Not to encumber or obstruct or permit to be encumbered or be obstructed

with any boxes packaging or other obstruction of any kind or nature any of

the Common Areas lifts or other parts of the said Building in common use

and not to leave rubbish or any other article or thing in any part of the said

Building not in the exclusive occupation of the Tenant. In addition to any

other remedies which the Landlord may have hereunder the Landlord its

Managing Agent or their servants may without prior notice to the Tenant

remove such obstruction and dispose of the same as he/they may think fit

(HKSARG_TA)_Version 03.12.2010

9

without incurring any liability therefor and the Tenant shall on demand pay

to the Landlord and/or its Managing Agent all costs and expenses incurred

thereby.

(x) To be wholly responsible for any loss damage or injury caused to any other

person whomsoever directly or indirectly through the defective or damaged

condition of any part of the interior of the said Premises and the contents

therein for which the Tenant is responsible hereunder and to make good the

same by payment or otherwise and to indemnify the Landlord and its

Managing Agent against all actions proceedings claims and demands made

upon the Landlord and/or its Managing Agent in respect of any such loss

damage or injury and all costs expenses incidental thereto.

(y) To surrender the said Premises the Landlord's Fixtures and the Installations

to the Landlord at the expiration of this Agreement. The Tenant

acknowledges that he shall not be entitled to any extension or renewal of this

Agreement at its expiration.

(z) At the expiration or sooner determination of this Agreement to deliver up to

the Landlord the said Premises and the Landlord's Fixtures in a state of good

repair and condition and to reinstate the said Premises to its original

condition (fair wear and tear excepted).

(za) In the event of the Tenant installing private air-conditioning units in the

Premises with the prior written consent of the Landlord, to comply with the

direction and instructions of the Landlord or its Managing Agent regarding

the type of unit and installation thereof and at his own expense be

responsible for their maintenance and repair in full and proper condition at

(HKSARG_TA)_Version 03.12.2010

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all times and for replacement of defective wiring and be strictly liable for

any damage caused directly or indirectly by the installation operation

maintenance repair or removal of such units and be responsible for full and

sufficient reinstatement of the Premises at the expiration or sooner

determination of this Agreement to the Landlord's satisfaction unless

directed otherwise by the Landlord. The Tenant particularly agrees to make

adequate provision to ensure against the dripping of water condensation

from such air-conditioning units and to ensure that such condensation be

collected and discharged within the said Premises. Any damage to the fabric

of the Building resulting from a breach of this provision shall be made good

at the sole expense of the Tenant.

(zb) Not to overload the electrical wiring, cables or apparatus associated

therewith in or serving the said Premises and to comply in all respects with

all requirements and regulations of the utility authorities or the Landlord

with respect to the utilities.

3. THE LANDLORD AGREES WITH THE TENANT as follows :-

(a) That the Tenant paying the rent hereby reserved and performing and

observing the agreements by the Tenant hereinbefore contained may

peacefully hold and enjoy the said Premises during the said term without any

interruption by the Landlord or any person lawfully claiming through or in

trust for him.

(b) To maintain and keep the main structure and exterior walls of the said

Building and every part of such main structure and exterior walls in proper

and tenantable repair and condition PROVIDED that the Landlord's liability

hereunder shall not be deemed to have arisen unless and until written notice

(HKSARG_TA)_Version 03.12.2010

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of any want of repair of the same shall have been previously given by the

Tenant to the Landlord and the Landlord shall have failed to take steps to

repair the same after 14 days or such longer period of time as may be found

necessary by the Landlord and notify to the Tenant And Provided that the

Landlord shall not be required to repaint or whitewash any internal or

external part of the said Premises.

4. PROVIDED ALWAYS AND IT IS MUTUALLY AGREED as follows :-

(a) That if and whenever any part of the rent hereby reserved shall be in arrears

for fifteen days (whether the same shall have been formally demanded or not)

or if and whenever there shall be a breach of any of the agreements by the

Tenant hereinbefore contained or if the Tenant shall commit any act of

bankruptcy or go into liquidation or enter into any composition or

arrangement with his creditors or shall suffer execution to be levied upon

any of his goods or effects the Landlord shall upon the happening of any

such event be entitled to re-enter upon the said Premises or any part thereof

in the name of the whole and thereupon this Agreement shall absolutely

determine but without prejudice to any rights which may have accrued to the

Landlord by reason of any antecedent breach of any of the obligations on the

part of the Tenant hereinbefore contained AND the deposit paid hereunder

shall be forfeited to the Landlord as and for liquidated damages and not as

penalty but without prejudice to the Landlord's right to claim any further

damages which the Landlord shall have sustained or may sustain AND a

written notice by the Landlord served on the Tenant or left at the said

Premises to the effect that the Landlord thereby exercises the power of re-

entry shall be a full and sufficient exercise of such power without actual

entry on the part of the Landlord.

(HKSARG_TA)_Version 03.12.2010

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(b) For the purpose of these presents any act default or omission of the agent

servant licensee visitor guest or employee of the Tenant shall be deemed to

be the act default or omission of the Tenant.

(c) On or before the signing of this Agreement the Tenant shall pay to the

Landlord the sum of HK$ <Amount> by way of deposit as security for the

due payment of the rent, management fees, rates, taxes, assessments and

duties payable by the Tenant and the due performance and observance of the

agreements, stipulations and conditions on the part of the Tenant herein

contained. At the expiration or sooner determination of this Agreement if the

Tenant shall have paid all rent, management fees, rates, taxes, assessments

and duties payable hereunder and shall have duly settled any outstanding

claims of the Landlord and its Managing Agent and if there shall be no

breach of any of the agreements on the Tenant’s part to be observed and

performed the Landlord will repay to the Tenant the said sum of

HK$<Amount> without any interest thereon within 30 working days,

excluding Saturdays, Sundays and public holidays, after the Tenant shall

have duly delivered to the Landlord vacant possession of the said Premises

but if there shall be any arrears of rent, management fees, rates, taxes,

assessments and duties or if there shall be any outstanding utility or other

charges in connection with the enjoyment of the said Premises the Landlord

may apply such deposit towards payment of such arrears of rent,

management fees, rates, taxes, assessments and duties or in settlement of

such outstanding utility or other charges and if there shall be any breach of

the said agreements, stipulations and conditions or any of them the Landlord

shall pay or apply the said deposit or such part thereof towards remedying

such breach (in so far as this may be possible) and shall only pay the balance

(if any) of the said deposit to the Tenant. and PROVIDED that nothing

(HKSARG_TA)_Version 03.12.2010

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herein contained shall be so constructed as preventing the Landlord from

recovering from the Tenant damages in respect of such default over and

above the deposit and PROVIDED FURTHER that the payment of the

deposit shall not be deemed or considered as a payment of rent or other

charges in advance and accordingly in any action for non-payment of rent,

management fees or the rates, taxes, assessments, duties and outgoings as

aforesaid the Tenant shall be deemed to be in default if the same are not paid

in accordance with the terms and conditions herein contained.

(d) The Tenant hereby expressly declares that he has paid no premium

construction fee key money or other sum of money of a similar nature to the

Landlord or other persons authorised by him for the possession of the said

Premises or for the granting of this Agreement.

(e) In the event of the said Premises or any part thereof at any time being

damaged or destroyed by fire water storm wind typhoon defective

construction white-ants earthquake subsidence of the ground or any other

cause (not attributable to the act or default of the Tenant) so as to be rendered

unfit for use and occupation or being declared unfit for use and occupation or

becoming subject to a closure order or is inaccessible due to any cause

whatsoever then the rent hereby stipulated or a fair proportion thereof

according to the nature and extent of the damage sustained shall be suspended

until the said Premises shall be again rendered fit for occupation and use And

the Landlord shall pay to the Tenant the amount of any such abatement in so

far as the rent shall have been paid in advance provided the amount of such

abatement shall be such sum as shall either be agreed between the parties in

writing or in the event of failure by the parties to reach agreement by a single

arbitrator in accordance with the provisions of the Arbitration Ordinance

(HKSARG_TA)_Version 03.12.2010

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Chapter 341 of the Laws of Hong Kong or any statutory modification or re-

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 Landlord shall fail to reinstate the

said Premises within three months of receiving a written notice to reinstate

the same from the Tenant or if the said Premises are declared unfit for use and

occupation or shall remain subject to the said closure order or otherwise

remain uninhabitable for a period of three months the Landlord or the Tenant

may forthwith or within a reasonable time thereafter terminate this Agreement

without prejudice to the Landlord's rights and remedies against the Tenant in

respect of arrears of rent and any antecedent breach of the terms and

conditions herein by the Tenant.

(f) The Landlord shall not be under any liability to the Tenant or to any other

person whosoever in respect of any loss or damage to person or property

sustained by the Tenant or any such other person caused by or through or in

any way owing to the overflow of water or the escape of fumes smoke fire or

any other substance or thing from anywhere within the said Building. The

Tenant shall fully and effectually indemnify the Landlord and its Managing

Agent from and against all claims and demands made against the Landlord

and/or its Managing Agent by any person in respect of any loss damage or

injury caused by or through or in any way owing to the overflow of water or

the escape of fumes smoke fire or any other substance or thing from the said

Premises or to the negligence or default of the Tenant his servants agents or

licensees or to the defective or damaged condition of the interior of the said

Premises the Landlord's Fixtures the Installations or any fixtures or fittings

(HKSARG_TA)_Version 03.12.2010

15

therein for the repair of which the Tenant is responsible hereunder and

against all costs and expenses incurred by the Landlord and/or its Managing

Agent in respect of any such claims or demands.

(g) That Part IV of the Landlord and Tenant (Consolidation) Ordinance Chapter

7 does not apply to this Agreement.

(h) Acceptance of rent by the Landlord shall not be deemed to operate as a

waiver by the Landlord of any right to proceed against the Tenant in respect

of any breach non-observance or non-performance by the Tenant of any of

the agreements stipulations and conditions herein contained and on the

Tenant's part to be observed and performed.

(i) The rent payable in respect of the said Premises shall be and be deemed to be

in arrears if not paid in advance at the time and in manner hereinbefore

provided for payment thereof. All costs and expenses of and incidental to the

demand for rent or distraint shall be paid by the Tenant and be recoverable

from the Tenant as a debt. Interest at the rate of 2% per annum above the

prevailing Best Lending Rate quoted by the Hong Kong and Shanghai

Banking Corporation Limited from time to time shall be charged on the rent,

rates and/or other moneys unpaid from the date due for payment to the date of

actual payment if the whole or any part of the rent, rates and/or other moneys

due under this Agreement shall remain unpaid fifteen days after they have

become due.

(j) Any notice under this Agreement shall be in writing and any notice to the

Tenant shall be sufficiently served if sent by post to the address of the said

Premises or left at any part of the said Premises or sent to its registered

(HKSARG_TA)_Version 03.12.2010

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office by registered post or left at its last known business address in Hong

Kong and any notice to the Landlord shall be sufficiently served if sent by

registered post or left at the last known business address of the Government

Property Agency in Hong Kong.

(k) Each party shall bear its own solicitors' costs of and incidental to this

Agreement.

(l) The Tenant shall pay the adjudication fee and 50% of the stamp duty (if any)

chargeable.

(m) The Landlord and their agents accept no responsibility for any accident or

damage which may be caused to the Tenant or any occupier of the said

Premises or their servants agents visitors guests and licensees arising from

any defect in or operation of any lift in the said Building or from the use of

the Common Facilities or arising from accidents which take place in the

Common Areas of the said Building.

(n) The Landlord may at any time stop the supply of water or electricity to the

said Premises or any part thereof or the use of telephone for the purpose of

repairing or maintaining any part of the said Building or water pipes or water

tanks used in or about the said Building as may be reasonable in the interest

of the tenants of the said Building and shall not be responsible to the Tenant

for any loss or injury occasioned by such stoppage as aforesaid.

(o) In the event of fire typhoon or other contingencies or emergency which in

the opinion of the Landlord and/or its Managing Agent may cause or

threaten to cause damage or injury to the said Premises, the Landlord and/or

(HKSARG_TA)_Version 03.12.2010

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its Managing Agent shall have the power in the absence of the Tenant to

break open any outer door or windows of the said Premises and to do such

other things as may be necessary to prevent the said Premises from being

damaged or injured and in such event the Landlord and/or its Managing

Agent shall not be answerable to the Tenant for any loss or damage which

the Tenant may sustain thereby.

(p) The Tenant hereby agrees that so long as the Landlord remains the owner of

the said Building or any part thereof the Landlord shall be in charge of the

management of the said Building who shall be at liberty to appoint any other

managing agent to manage the said Building at the Landlord's discretion.

(q) That in the event and so long as the Landlord remains the owner of the said

Building, the Landlord and/or its Management Agent shall keep the

Common Areas, Lifts and Common Facilities in a clean condition and in

working order ( where appropriate ). Otherwise the Common Areas, Lifts

and Common Facilities shall be managed by the Building Manager ( as

employed by the Owners’ Committee or the Owners Incorporation of the

said Building) in accordance with the relevant Deed of Mutual Covenant

under which the said Premises are held.

(r) It is hereby declared and agreed that at any time after the expiration of

twelve (12) months from the date of commencement of the tenancy, the

Tenant shall have the right to determine this Agreement provided:-

(i) not less than three (3) months’ prior written notice or payment in lieu of

notice shall be given to the Landlord by the Tenant. For the avoidance

of doubt, such notice or payment in lieu of notice shall not be given

prior to <Date>; that is a minimum lease term of fifteen (15) months is

(HKSARG_TA)_Version 03.12.2010

18

required before the Tenant may terminate the lease; and

(ii) at the time of giving such notice or making such payment in lieu of

notice, there shall be no rent due or owing and no existing breach or

non-observance of any of the covenants on the part of the Tenant herein

contained; and

(iii) such determination shall not prejudice the right of the Landlord in

respect of any antecedent breach on the part of the Tenant of any of the

terms herein contained.

(s) The Tenant acknowledges that once the written notice pursuant to Clause

4(r)(i) above has been served by the Tenant, no new tenancy or renewal of

tenancy agreement in respect of the said Premises will be granted by the

Landlord to the Tenant. The Tenant shall deliver vacant possession of the

said Premises to the Landlord in a state of good repair and condition and

properly reinstate the said Premises to its original condition (fair wear and

tear excepted) upon the expiration of the written notice. The Tenant shall

have no objection nor any claim for compensation whatsoever arising from

the Landlord’s refusal to grant or renew a tenancy in respect of the said

Premises.

(t) The Landlord shall have the right to early terminate this Agreement by

giving three (3) months’ prior written notice to the Tenant provided that

such notice shall not be served earlier than <Date>.

(u) The Tenant agrees not to hold the Landlord liable or responsible for any

annoyance, disturbance, nuisance, injury, loss or damage caused to or

suffered by the Tenant, his family, licensees, visitors or invitees by reason

of any renovation, refurbishment, decoration, improvement or other works

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(hereinafter referred to as "the Works") carried out to the said Building or

any part or parts thereof for whatever period of time by the authority of the

owners' incorporation or the owners' committee or the Manager of the said

Building, and no claims whatsoever for compensation, reduction in rent or

otherwise shall be made by the Tenant against the Landlord by reason

thereof. The Landlord does not warrant or guarantee that the Works or

any of them will not be commenced or carried out during the term of this

tenancy.

(v) The Tenant acknowledges that the Carparking Space No. <No.> shall not be

used for any purpose other than parking of one private car currently

licensed under the Road Traffic Ordinance (Cap. 374). Storage of goods

and/or chattels in the Carparking Space No. <No.> shall be strictly

prohibited and shall amount to a breach of this Agreement upon which the

Landlord shall be entitled to re-enter upon the said Premises and terminate

this Agreement.

(w) The Tenant agrees not to hold the Landlord liable or responsible for any

annoyance, disturbance, nuisance, injury, loss or damage caused to or

suffered by the Tenant, his family, licensees, visitors or invitees by reason

of any renovation, refurbishment, decoration, improvement or other works

(hereinafter referred to as "the Works") carried out to the said Building or

any part or parts thereof or nearby the said Building for whatever period of

time by the authority of the Landlord or the owners' incorporation or the

owners' committee or the Managing Agent of the said Building, and no

claims whatsoever for compensation, reduction in rent or otherwise shall be

made by the Tenant against the Landlord by reason thereof. The Tenant also

acknowledges that he is not entitled to terminate the tenancy earlier than

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that permitted under other clauses as provided in this Agreement due to the

presence of the Works. The Landlord does not warrant or guarantee that the

Works or any of them will not be commenced or carried out during the term

of this tenancy.

5. (a) Unless the context otherwise requires, words herein importing the

masculine gender shall include the feminine and neuter genders and words

herein importing the singular number shall include the plural number and

vice versa.

(b) This Agreement shall in all aspects be governed by and construed in

accordance with the laws of Hong Kong.

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IN WITNESS WHEREOF the hands of the parties the day and year first above written.

SIGNED By Ms LAM Man-yee, ) Eileen, the Chief Property Manager ) (Government Property Agency), ) for and on behalf of ) The Government of ) The Hong Kong Special ) Administrative Region )

) )

in the presence of :- ) SIGNED By The Tenant / ) Sealed with the Common Seal ) of the Tenant and signed by ) )

)

………………………………… ) ……………………………… (Name(s) in block letters) Signature and Company Seal

in the presence of :- ……………………………………… Signature

Name of Witness in block letters: Occupation : Address :

RECEIVED the day and year first ) above written from the Tenant the ) sum of HONG KONG DOLLARS ) $<Amount> being the deposit money) above expressed to be paid by the ) ………………………………… Tenant to the Landlord ) Signature

)

) ……………………………… Print Name

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Serial No:

DOMESTIC PREMISES

Dated the

__________________________________________________________________

The Government of The Hong Kong

Special Administrative Region

and

<Tenant Name>

Description of Domestic Premises

All That <Premises Address>

Tenant : Term : Two (2) years

Commencing : Expiring : Monthly Basic Rent : HK$

(exclusive of rates and other charges)