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Agreement Draft 23/04/2018 Lease Agreement for Management and Operation of Kiosks at Crescent Park and Marina District between Qatari Diar Real Estate Investment Company and xxxxxxxxxxxxxxx xxxxxx 2018

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Page 1: Lease Agreement for Crescent Park and Marina District .... Agreement AES... · CLAUSE 5 CIVIL DEFENCE AND OTHER AUTHORITY APPROVALS AND ... Qatar (hereinafter ... condition in accordance

Agreement – Draft – 23/04/2018

Lease Agreement

for

Management and Operation of

Kiosks

at

Crescent Park and Marina District

between

Qatari Diar Real Estate Investment Company

and

xxxxxxxxxxxxxxx

xxxxxx 2018

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Agreement – Draft – 23/04/2018

CONTENTS

CLAUSE TITLE

CLAUSE 1 BACKGROUND AND DEFINITIONS

CLAUSE 2 THE GRANT OF THE LEASE

CLAUSE 3 COMMENCEMENT AND EXPIRY

CLAUSE 4 TAKE OVER OF FACILITY

CLAUSE 5 CIVIL DEFENCE AND OTHER AUTHORITY APPROVALS AND CO-

OPERATION OF TENANT

CLAUSE 6 INSURANCE

CLAUSE 7 OPERATION AND MAINTENANCE

CLAUSE 8 TENANT WORK

CLAUSE 9 THE PARKING ARRANGEMENT

CLAUSE 10 THE RULES

CLAUSE 11 SERVICE CHARGES & TEMPORARY UTILITIES

CLAUSE 12 SECURITY DEPOSIT FOR SERVICE CHARGES AND MAINTENANCE

CLAUSE 13 PERMANENT UTILITIES

CLAUSE 14 NO CLAIM FOR INCONVENIENCE

CLAUSE 15 COMMON USE FACILITIES AND COMMON PROPERTY

CLAUSE 16 COOPERATION

CLAUSE 17 MASTER COMMUNITY "LUSAIL" DECLARATION AND

DEVELOPMENT DECLARATION

CLAUSE 18 EASEMENTS AND RESTRICTIONS

CLAUSE 19 TENANT’S DEFAULT

CLAUSE 20 FAILURE TO RECTIFY OF EVENT(S) OF DEFAULT

CLAUSE 21 TERMINATION

CLAUSE 22 TERMINATION OBLIGATIONS

CLAUSE 23 COMPENSATION ON TERMINATION

CLAUSE 24 RETURNING THE PROPERTY TO THE LESSOR

CLAUSE 25 FORCE MAJEURE

CLAUSE 26 SUB LETTING AND ASSIGNMENT OF THIS AGREEMENT

CLAUSE 27 RELATIONSHIP

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CLAUSE 28 INFORMATION

CLAUSE 29 ENTIRE AGREEMENT

CLAUSE 30 NOTICES

CLAUSE 31 LIABILITY

CLAUSE 32 JURISDICTION

CLAUSE 33 TENANT’S RECORD KEEPING OBLIGATIONS AND LANDLORDS

RIGHT OF AUDIT

ATTACHMENTS

SCHEDULE 1 COLLATERAL WARRANTIES

SCHEDULE 2 MASTER COMMUNITY LUSAIL DECLARATION

SCHEDULE 3 HEALTH AND SAFETY POLICIES

SCHEDULE 4 KEY PARTICULARS

SCHEDULE 5 TENANT’S RECORD KEEPING

SCHEDULE A PROPERTY DETAILS

SCHEDULE B PROPERTY SPECIFICATIONS

SCHEDULE C ACCEPTANCE OF TAKEOVER CERTIFICATE

SCHEDULE D TENANT’S TECHNICAL PROPOSAL

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Agreement – Draft – 23/04/2018 1

THIS AGREEMENT is dated xxx xxxx 2018

PARTIES

(1) QATARI DIAR REAL ESTATE INVESTMENT COMPANY a company incorporated

under the laws of the State of Qatar with principal place of business at P.O. Box 23175,

Doha, Qatar (hereinafter referred to as “Lessor”) duly represented in the signing of this

Agreement by its Group Chief Executive Officer; referred to as the Lessor and

(2) XXXXXXXXXXX a company incorporated under the laws of the State of Qatar with

principal place of business at P.O. Box xxxx, Doha, Qatar (hereinafter referred to as

“Tenant”) duly represented in the signing of this Agreement by its xxxxxxxxx referred to

herein as the Tenant

(Each one of the above being deemed a “Party” or jointly the “Parties” to this Agreement

1. Background

1.1 The Tenant acknowledges and understands that:

1.1.1 The Lessor is developing the Master Community "Lusail" which will be

developed into a homogeneous residential, retail, office and leisure complex,

where certain facilities and amenities will be shared.

1.1.2 For the proper and convenient management, administration, maintenance and

control of the Master Community "Lusail", and in particular the Common

Use Facilities, mutually beneficial restrictions are imposed on all the

properties in the Master Community "Lusail" under the Master Community

"Lusail" Declaration which establishes a mutually beneficial scheme for the

management, administration, maintenance and control of the Master

Community "Lusail".

1.1.3 The following documents which the Tenant acknowledges that it has

received copy of each at the time signing this Agreement are deemed to be

incorporated into and form part of this Agreement and the Tenant

acknowledges, understands and agrees that it will be bound by the

obligations set out in the following documents and/or programs:

i. The Master Community Declaration "Lusail”.

ii. The Property (Plot) Declaration.

iii. Health and Safety Policies.

1.2 The Tenant acknowledges, understands and agrees that it will be bound by any other

relevant Lessor policies as may be updated by the Lessor from time to time.

AGREED TERMS

The following definitions and rules of interpretation apply in this Agreement.

Definitions:

“Collateral Warranties” means the deeds of collateral warranty from the parties appointed by

the Tenant to carry out the Tenant Works under this Agreement and in the form set out in

Schedule 1;

“Common Property” means those parts of a Multi Ownership Property and Multi-Unit

Building not physically forming part of any unit in a Multi-Unit Building and intended for the

benefit or use in common by all Occupiers in the Multi-Unit Building, including within such

definition all open areas, services and facilities and the foundation, roof, lift shafts, walkways,

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corridors and lobbies of the Multi-Unit Building, and (if any) such recreational facilities as a

gym and swimming pool, and portions of car park areas;

“Common Use Facilities” means all open areas, services, facilities, roads, pedestrian

walkways, pavements, gardens, utility and administrative buildings or areas, installations,

power transformers, water storage facilities, firefighting facilities, improvements and other

common assets of the Master Community that are intended for use by all Occupiers and that do

not form part of the title of any Property or Unit but are the residual lands and improvements

owned by the Landlord;

“Commencement Date” means the date on which this Agreement is signed by both Parties.

“Confidential Information” means information of any nature concerning a Party or its

business which is not in the public domain and in which the disclosing party has a business,

proprietary or ownership interest in or which it has a legal duty to protect and includes, but is

not limited to, information, knowledge or data of a technical, scientific, financial, commercial

or marketing nature, in whatever form, including but not limited to technical data, drawings,

photographs, specifications, standards, manuals, reports, formulas, algorithms, processes,

information, lists, trade secrets, computer programs, computer software, computer databases,

computer software documentation, quotations and prices and price lists;

“Contractual Term” means a term of 3 Years beginning on the date of this agreement and

ending on the Expiry Date;

“Co-owner’s Association” means every association formed between all the Occupiers of units

in a Multi-Unit Building or Occupiers in a Multi Ownership Property for the purpose of

administering, managing and maintaining the Common Property;

“Costs” means costs, charges, expenses, losses, liabilities, damages, claims, demands,

proceedings and actions (as the context requires);

“Declaration” or “Master Community Lusail Declaration” means the master community

declaration set out at Schedule 4 (Master Community Lusail Declaration) as may be amended

from time to time;

“Event of Default” means any of the events set out in clause 19;

“Expenses” means the expenses incurred by the Landlord or its nominees in its role as

Landlord for the management, administration, maintenance, service provision and control of

the Master Community;

“Expert” means the person appointed under clause 24.2;

“Expiry Date” means subject to Clause 21, Three (3) Years from the Agreement Date;

“Fixtures and Fittings” means all fixtures and fittings installed by the Tenant in or upon the

Property including plant and machinery, lifts, air conditioning, lighting, plumbing, sanitary and

sprinkler systems and any other apparatus (if any) from time to time in or upon the Property;

“Force Majeure” has the meaning given to it in clause 25;

“Good Construction Practice” means the skill, care, timeliness and diligence reasonably to

be expected of an appropriately qualified and experienced contractor Property;

“Gross Revenue” means any and all sales or other transactions that occur during business hours

under the leasehold premises.

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“Improvements” means all buildings, pavement, fencing, landscaping, recreational facilities,

plumbing, electrical and telephone lines and computer cables and man-made objects of every

type, existing or placed on the Property;

“Independent Surveyor” the surveyor appointed under clause 24.2.

“Internal Area” the gross internal area in square metres of the Property.

“Maintenance Standard” means maintenance in good repair in an attractive and clean

condition in accordance with such standards and guidelines as established by the Lessor and if

there is no such standards then in accordance with such international standard applicable to real

estate project of the same significance and size as well as any requirements of this Agreement

and will include, without limitation: (a) compliance with recommended warranty and

maintenance procedures of manufacturers and installers; (b) regular and timely removal of

litter, trash and waste; (c) maintenance of buildings, structural components, mechanical

facilities and lighting in good working order and repair; (d) keeping walks, driveways, ramps,

stairwells and all other facilities clean and in good repair including maintaining surface areas in

a smooth condition by re-patching holes and resurfacing from time to time; and (e) repainting

stripes (indicating parking spaces and/or traffic lanes) as necessary from time to time;

“Material” means all designs, drawings, models, plans, specifications, design details,

photographs, brochures, reports, notes of meetings, CAD materials, calculations, schedules,

programmes, bills of quantities, budgets and any other materials provided in connection with

the Lessor's Works or the Tenant Works as the context may require or suggest and all updates,

amendments, additions and revisions to them and any works, designs, or inventions

incorporated or referred to in them for any purpose relating to the Lessor's Works or the Tenant

Works as the context may require or suggest.

“Occupiers” means Owners, occupiers, lessees, operators and the like who shall occupy the

Master Development from time to time;

“Property” means the land and building as shown on the Plan set out in Schedule B and the

building constructed on it by the Lessor and utilized by the Tenant as a Restaurant.

“Property Specification” means the plans, specifications, drawings and other data in respect

of that part of the Property to be carried out on the Property and as set out in Schedule B

including any variations or amendments that may be made in accordance with this Agreement.

“Quantity Surveyor” means Turner & Townsend of PO Box 207288, Doha, Qatar or such

other person as may be appointed as a replacement quantity surveyor for the time being by the

Lessor with the approval of the Tenant (such approval not to be unreasonably withheld or

delayed),] in relation to this agreement

“Rent” is as defined in Clause 2 and liability to pay commences xxxxxxxxx.

“Rules” or “Rules and Regulations” means such management and conduct rules and

regulations as the Lessor may make from time to time for the proper management,

administration, maintenance and control of the Master Community "Lusail", and other relevant

matters, including those Rules contained in the Master Community "Lusail" Declaration and

which are binding upon the Tenant and all Occupiers.

“Target Area” xxx square meters being the anticipated Internal Area subject to any reasonable

adjustment to reflect any variation to the Lessor's Works made in accordance with this

agreement.

“Target Date” xxxxxxxx on which the handing over of the core and shell of the Property

should be achieved and from which the Grace Period will start and the Tenant shall commence

paying the Rent.

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“Tenant’s Surveyor” a surveyor whose details may be notified in writing from time to time by

the Tenant to the Lessor.

“Third Party” a person other than:

a. The Lessor;

b. The Tenant; [or]

c. Anyone acting on the Lessor's or Tenant's behalf.

Interpretation:

Clause, Schedule and paragraph headings shall not affect the interpretation of this agreement.

A person includes a natural person, corporate or unincorporated body (whether or not having

separate legal personality).

The Schedules form part of this agreement and shall have effect as if set out in full in the body

of this agreement. Any reference to this agreement includes the Schedules.

A reference to a company shall include any company, corporation or other body corporate,

wherever and however incorporated or established.

Unless the context otherwise requires, words in the singular shall include the plural and in the

plural shall include the singular.

Unless the context otherwise requires, a reference to one gender shall include a reference to the

other genders.

A reference to a statute or statutory provision is a reference to it as amended, extended or re-

enacted from time to time.

A reference to a statute or statutory provision shall include all subordinate legislation made

from time to time under that statute or statutory provision.

A reference to writing or written includes fax but not e-mail.

References to a document in agreed form are to that document in the form agreed by the

parties.

A reference to this Agreement or to any other agreement or document referred to in this

agreement is a reference to this agreement or such other agreement or document as varied or

novated (in each case, other than in breach of the provisions of this agreement) from time to

time.

Unless the content otherwise requires, references to clauses, Schedules and Annexes are to the

clauses, Schedules and Annexes of this agreement and references to paragraphs are to

paragraphs of the relevant Schedule.

Any words following the terms including, include, in particular, for example or any similar

expression shall be construed as illustrative and shall not limit the sense of the words,

description, definition, phrase or term preceding those terms.

Any obligation on a party not to do something includes an obligation not to allow that thing to

be done.

Unless this agreement otherwise expressly provides, a reference to the Property or the Tenant's

Works is to the whole and any part of them.

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Any reference to the Lessor’s consent or approval being required is to a consent or approval in

writing which must be obtained before the relevant act is taken or event occurs.

2. The Grant of the Lease

2.1 Subject to the Tenant complying with the terms of this Agreement, the Lessor lets

the Property to the Tenant for the Contractual Term.

2.2 The grant is made subject to Tenant paying the Rent (shall be paid in Qatari Riyals)

or any other sums due under this Agreement, during the Contractual Term and the

Tenant initiating the sinking fund referred to in Clause 11.3.

2.3 The Rent payable under this Agreement shall be the higher of A x B or % of Gross

Revenue. a

For the purpose of Rent A x B shall be where:

A is the Internal Area as determined or agreed in accordance with this agreement,

and B is Qatari Riyals xxxxx (QAR xxx.00) for xxxxxxxxxxxxxxxxxx.

2.4 If the Internal Area is greater than the Target Area:

If the Internal Area is more than 2% greater than the Target Area [or more than 2%

smaller than the Target Area] the Tenant shall be entitled to determine this

agreement by giving written notice to the Lessor within 10 working days of the final

determination of the Internal Area under this agreement.

2.5 The Tenant shall pay Rent starting from the expiry of Grace Period of xxxxx from

the Target Date and submit post-dated cheques for xxxxxxxxxx. Cheques shall be

submitted at the time of Target Date. In view of the imminent introduction of VAT

in Qatar, the Rent and any other payment under this Lease Agreement are deemed

exclusive of VAT as applicable and the Tenant shall pay VAT, where applicable, in

all invoices raised by the Lessor.

2.6 Every quarter the Tenant shall provide the Lessor with its Records of Gross Revenue

as required under this Agreement. In the event that Gross Revenue exceeds rental

payable under the A x B formula, that difference shall be deemed to be Rent payable

under Clause 2 of this Agreement and the Tenant shall pay that difference to the

Lessor by way of further Cheque.

2.7 Upon signing the Agreement, the Tenant shall pay to the Lessor a Security Deposit equivalent to xx months Rental amount. Any future increase in Rentals shall be

accompanied by a corresponding adjustment to the Security Deposit.

2.8 The Rent will be increased at a rate of 5 % after end of second year .

2.9 The Tenant will be liable to pay interest on delayed payments at a rate of QAR 0.15

per square meter per day on top of monthly rentals.

2.10 The Tenant shall be liable to pay all property taxes on the property.

2.11 The Tenant shall be liable to pay Stamp Duty, Registration Charges and

miscellaneous expenses.

2.12 The Tenant is allowed to sublease part of property upon approval of Lessor.

2.13 The Tenant shall be responsible and Pay for the remaining work including fit-out.

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2.14 The Tenant shall obtain approval from Lessor for external appearance of the

building and building boundaries, including signage. Advertisements and

promotions are to the Tenant's requirement. Any city-wide initiatives will require

participation of the Tenant.

2.15 The location shall be used as a civic facility

3. Commencement and Expiry

3.1 This Agreement shall come into force and effect on the Lease Commencement Date

and subject to earlier termination pursuant to Clause 20 and 21 hereinafter, shall

expire automatically on the Lease Expiry Date. This agreement may not be renewed

without the written prior approval of the Landlord. The Tenant has to express his

desire to renew in writing at least three (3) months prior to the Lease Expiry Date.

4. Takeover of Facility

4.1 After this Agreement has been executed, the Parties shall meet on site in order to:

4.1.1 Formally hand over the Facility to the Tenant.

4.1.2 Tenant to sign an Acceptance of Takeover Certificate in the form attached

hereto.

4.2 Tenant acknowledges and agrees that at Handover date, the Facility shall have

connected water, and electric utilities for use.

4.3 On Handing Over; the Tenant accepts that it is in possession and occupation of the

Facility and all risk and benefit in respect of the Facility shall pass to the Tenant

for the duration of the Agreement subject to the reservation that ownership of the

Facility shall remain vested in the Landlord.

4.4 From the date of Handover the Tenant shall indemnify and hold the Landlord and

its agents, contractors, successors and assigns, harmless from and against all

claims, proceedings, costs, damages, expenses and losses arising out of any

damage to property or injury or fatality caused to any person (whether directly or

indirectly) occurring on the Facility.

4.5 The Tenant shall submit evidence of all necessary insurances requirements prior to

the Hanover of Facility.

5. Civil Defence and other Authority Approvals and Co-operation of Tenant

5.1 Obtaining Civil Defence and other Authorities Approvals for the Fit-out works and

paying for all utility and regulatory deposits for all building services shall be the

responsibility of the Tenant.

6. Insurance

6.1 Insurance by the Tenant during Fit-Out Works

6.1.1 From the Practical Completion Date, the Tenant shall at its own cost and

expense secure and maintain insurance for the full replacement value of the

improvements to be built on the Property and their contents, and will produce

to the Lessor on demand a copy of the policies of Insurance and confirmation

of any premium payment. Such insurance should cover the Tenant's Works, the

Property and all plant and unfixed materials and goods delivered to or placed

on or adjacent to the Property against all perils resulting in loss or damage

thereto terms:

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6.1.1.1 In the joint names of the Lessor and the Tenant; and

6.1.1.2 for not less than their full reinstatement value (together with all site

clearance and professional fees incurred in connection with such

reinstatement).

6.1.1.3 Waiver of Subrogation clause in favour of the Principal.

6.1.2 The event of any loss or damage occurring after the Commencement Date to

the Tenant’s Works, the Property, plant, materials or goods so insured, the

Tenant shall procure that their reinstatement or replacement is carried out

diligently and with all reasonable speed. The Tenant shall apply the proceeds of

the insurance towards such reinstatement or replacement and shall make good

any deficiency out of the Tenant's own funds.

6.1.3 For the Tenant’s Works, the Tenant shall maintain, or procure that its

contractor maintains, insurance in respect of injury to or death of any person or

loss or damage to any real or personal property for an indemnity of not less

than USD 1,000,000) for any one occurrence or series of occurrences arising

out of the same event. This insurance shall be endorsed to include:

6.1.3.1 Cross Liability Clause

6.1.3.2 Waiver of Subrogation Clause

6.2 Insurance by the Tenant during operational phase

6.2.1 The Tenant agrees to maintain in full force and effect, at its own expense,

such customary and commercially available types and amounts of insurance

to protect itself and Lessor from risks, losses, damages, claims, expenses,

suits or actions arising out of or relating to the Contract and to the

performance of the Services, which insurance coverage shall be obtained

through insurance carriers and on the forms satisfactory to Lessor.

6.2.2 The Tenant shall indemnify Lessor in respect of any compensation, claims,

losses, expenses and outgoings, etc. incurred by Lessor in respect of any

injury to any person or damage to Lessor property or property belonging to

third parties which occurs as a result of any acts or omissions in the

Contractor’s provision of the Services.

6.2.3 Coverage shall be maintained insuring the Tenant and Lessor against

liabilities, direct or indirect, whether or not asserted by or on behalf of

Tenant personnel, its Subcontractors, agents or any other third parties, and

shall satisfy the minimum limits of liability specified herein below.

6.2.4 All insurance polices maintained by or required of the Tenant or its

Subcontractor shall include a waiver of subrogation in favor of Lessor.

6.2.5 All the deductibles applicable to the insurances shall be for the account of

the Tenant.

6.2.6 All insurance maintained by the Tenant shall be primary to and not

contributory with, any insurance which may otherwise be maintained by or

available to Lessor and the Tenant. Nothing in this Clause shall be

construed to affect or limit in any way any rights or obligations of either

party under any other provision in this Contract.

6.2.7 The Tenant shall provide a Certificate of Insurance as evidence of all

insurance policies satisfying the terms and minimum limits specified herein

and below. The Tenant shall cause its insurer to provide thirty (30) days

prior written notice to Lessor of cancellation of, or any material change in,

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coverage and the policy shall provide for such notice. If requested by

Lessor, the Tenant agrees to promptly provide copies of all policies

evidencing the coverage required above.

6.2.8 None of the requirements contained herein as to type, limits, and approval

of insurance coverage to be maintained by the Tenant are intended to and

shall not in any manner limit or qualify the liabilities and obligations

assumed by the Tenant under this Contract.

6.2.9 The insurer shall be registered in the State of Qatar and shall be licensed to

operate in the State of Qatar in accordance with the Qatari Law.

6.2.10 Any failure to maintain the required insurance shall be sufficient cause for

Lessor to terminate the Contract. In event of Insurance cancellation, Lessor

reserves the right to purchase insurance or reinsure for the required

coverage’s at the Tenant’s full expense.

6.2.11 Further, statutory insurance requirement should be met and where no

minimum statutory limits are stipulated, the following minimum limits will

apply:

6.2.11.1 Third Party Liability with combined single limit of liability

for bodily injury or property damage of USD 2,000,000 each

occurrence. This insurance shall be endorsed to include:

i. Sudden & Accidental Pollution

ii. Food & Drink liability (e.g. food poisoning) to full

policy limit

iii. Tenants & Neighbours Liability to full policy limit and

iv. Lessor shall be named as additional insured parties and

cross liability provisions included

6.2.11.2 Workmen’s Compensation: In accordance with the Labour

Law requirements of the State of Qatar and any amendments

thereafter. Including Employer’s Liability with combined single

limits of liability for bodily injury or property damage shall be

USD 1,000,000 for any one claim incident and in the aggregate.

7. Operation and Maintenance

The Tenant shall (and shall ensure that any sub-Tenant it appoints from time to time

(where applicable) operates and maintains the Property in accordance with the provisions

of all laws, decrees, regulations, approvals, consents, licenses and the Lessor’s instructions

now or from time to time in force in relation to the Project, including, where relevant:

7.1 The Master Community Declaration.

7.2 Any other relevant Lessor policies as may be updated by the Lessor from time to

time.

7.3 The Facilities Management Standards.

8. Tenant Work

8.1 The Tenant undertakes and agrees to carry out at its own costs all the Fixtures and

Fittings in the Property. The Tenant shall as soon as reasonably practicable at the

Tenant's expense prepare and submit to the Lessor for approval (such approval not to

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be unreasonably withheld or delayed), plans and specifications of the Tenant's

Works in such detail as the Lessor shall reasonably require.

8.2 Tenant shall submit to the Lessor for its approval prior to execution of the Tenant’s

Work all shop drawings for any buildings, method of statements and samples of

material

8.3 The Tenant shall apply for and use reasonable endeavours to obtain all consents

required for the Tenant's Works.

8.4 The Tenant shall use reasonable endeavours to:

8.4.1 Commence the Tenant's Works as soon as reasonably practicable after the

Commencement Date; and

8.4.2 Complete the Tenant's Works within xx months after the Commencement

Date.

8.4.3 The Tenant shall not start the Tenant's Works until the Tenant has:

8.4.4 Obtained the Lessor's approval to the Tenant's works;

8.4.5 Obtained all Requisite Consents required for the Tenant's Works;

8.4.6 Provided details of the Tenant's Works to the insurers of the Property and

obtained their consent to carrying out the Tenant's Works;

8.4.7 Produced all consents and permits required for the Tenant's Works to the

Lessor and obtained the Lessor’s confirmation that they are satisfactory to

the Lessor;

8.4.8 Given the Lessor five copies of the plans and specifications for the Tenant's

Works;

8.4.9 Notified the Lessor and the insurers of the Property of the date on which it

intends to start carrying out the Tenant's Works; and

8.4.10 Procure that all the contractor and consultant appointed by the Tenant

execute the Collateral Warranties

8.5 The Tenant shall:

8.5.1 carry out the Tenant Works:

8.5.1.1 Using good quality materials which are fit for the purpose for

which they are to be used;

8.5.1.2 In a good and workmanlike manner; and

8.5.1.3 To the reasonable satisfaction of the Lessor.

8.5.2 ensure that the Tenant's Works:

8.5.2.1 comply with:

o All statutory and other legal requirements;

o The terms of all building permits and licences;

o The Satisfactory planning permission; and

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o The requirements and recommendations of all relevant utility

suppliers. Civil defence and other relevant government

authorities and the insurers of the Property.

8.5.2.2 Do not adversely impact on the structure of the Property.

8.5.3 For the avoidance of any doubt the Tenant shall be fully responsibly of the

structure and integrity of the building and any plant or machinery within the

Property. Any approval issued by the Lessor for any plans, specification,

method of statement does not constitute a warranty or guarantee that such

designs are in compliance with government issued building codes or

regulations or shall relieve the Tenant from its responsibilities.

8.5.4 The Tenant shall:

8.5.4.1 carry out at its own cost all testing and commissioning to all plant

and equipment and pay all fees, rates, that arise by reason of the

Tenant's Works in carrying out the Tenant's Works

8.5.4.2 pay all fees, rates, that arise by reason of the Tenant's Works

(including any arising under any laws applying to the Tenant's

Works) whether imposed on the Lessor or the Tenant; and

Indemnify the Lessor from all liability in relation to such fees,

against all costs and claims arising from any breach of the terms of

this clause.

8.5.4.3 cause as little disturbance and inconvenience as possible to the

Lessor

8.5.4.4 immediately make good (to the reasonable satisfaction of the

Lessor) any damage (including decorative damage) to any land or

building or any plant and machinery (other than the Property)

which is caused by carrying out the Tenant's Works;

8.5.4.5 allow the Lessor and its surveyors, contractors, and consultants

access to the Property to inspect the progress and quality of the

Tenant's Works (both while the Tenant's Works are being carried

out and afterwards) at reasonable times and on reasonable prior

notice;

8.5.4.6 give the Lessor the information it reasonably requests to establish

that the Tenant's Works are being and have been carried out in

accordance with this agreement;

8.5.4.7 notify the Lessor as soon as the Tenant's Works have been

completed; [and]

8.5.4.8 send the Lessor 2 copies of plans showing the Property as altered

by the Tenant's Works within 2 weeks after completion of the

Tenant's Works; [and]

8.5.5 The Tenant's Works shall be at the sole risk of the Tenant.

9. The Parking Arrangement

Parking at the ground level areas in proximity to the Property shall be open during

working hours and all day throughout the weekends and public holidays.

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10. The Rules

The Tenant acknowledges that the Rules are equally binding upon any and all Occupiers

of Lusail City, and the Tenant shall ensure that the occupiers of the Project are aware of

and shall comply with them.

11. Service Charges & Temporary Utilities

11.1 The Tenant shall be liable for payment of the Service Charges from and after the

Practical Completion Date and acknowledges that it will have an obligation to

contribute towards the expenses for the maintenance, management, administration

and control of the Common Use Facilities calculated and payable in accordance with

the provisions of the Master Community "Lusail" Declaration. Also all utilities,

including but not limited to district cooling, electricity, telephone, water, sewerage

,Gas and all other utility and communication services, shall be transferred directly to

accounts in Tenant's name and the Tenant shall pay directly to all utility providers all

charges respecting the Leased Premises incurred during the Term. In furtherance of

the foregoing and for the avoidance of doubt, it is the intent of this Lease that the

Lessee arrange for and pay directly to the applicable utility providers, and that this

Lease therefore be considered to be absolute net of such costs.

11.2 The Tenant acknowledges that temporary utilities such as power and water are being

supplied by the Lessor until permanent connections are made available. Until

permanent connections are available the Tenant agrees that it shall pay the Lessor

utility charges.

11.3 The Tenant shall put aside such sum as shall reasonably be considered necessary by

the Lessor (whose decision shall be final as to questions of fact) to provide reserves

or sinking funds for items of future expenditure to be or expected to be incurred at

any time in connection with returning the Property including any maintenance for

the buildings or any relevant infrastructure or to cover any cost to demolish the

building and reinstate the Property to its original status.

11.4 The Tenant acknowledges and understands that while the Service Charges and other

monies due under the Master Community "Lusail" Declaration may be due and

payable by the Tenant, the Lessor shall be entitled pursuant to the Master

Community "Lusail" Declaration:

11.4.1 To withhold from the Tenant the use and privileges of the Common Use

Facilities; and/or

11.4.2 To claim compensation; and/or

11.4.3 Commence court proceedings for recovery of the amount due.

12. Security Deposit for Service Charges and Maintenance

12.1 On Target Date, the Tenant shall pay to the Lessor a security deposit, in an amount

to be determined by the Lessor as security for the Tenant’s obligations set out in

Clause 11 to be held by the Lessor as a continuing covering security (the “Security

Deposit”). The Lessor may apply the Deposit in whole or in part towards payment

obligations pursuant to the Master Community "Lusail" Declaration and/or

maintenance required at the Property or fulfil any of the Tenant’s obligations under

this Agreement or the law including but not limited to remedying any damages or

losses sustained by the Lessor in relation to carrying out any maintenance required

at the Property. If the whole or any portion of the Security Deposit is so applied,

the Lessor shall notify the Tenant in writing and the Tenant shall immediately

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reinstate the Deposit to the original amount. The Tenant shall not be entitled to set

off any Service Charges or other amount payable by the Tenant against the

Deposit.

13. Permanent Utilities

13.1 The Lessor shall use reasonable efforts to provide Utilities to the boundary of the

Property when feasible to do so and in accordance with the utility construction

program for the area. The connection of permanent Utilities within the boundary of

the Property shall be the sole responsibility and at the sole expense of the Tenant.

From the date any such permanent Utilities are capable of connection, the Tenant

shall be responsible for the payment of all Utilities.

14. No Claim for Inconvenience

14.1 The Tenant acknowledges and accepts that after the Property has been developed,

the Master Community "Lusail" as a whole will be the site of ongoing

development and construction, including construction of buildings by other

Tenants, and that inconvenience may be suffered as a result of the building

activities, which shall be in progress. The Tenant shall have no claim against the

Lessor, nor its affiliates, for such inconvenience even if it occurs after the Tenant

takes possession of the Property. The Lessor, however, shall use its reasonable

efforts to keep such inconvenience to a minimum.

15. Common Use Facilities and Common Property

15.1 The Tenant and its subtenants shall be entitled to the use and enjoyment of the

completed Common Use Facilities pursuant to the provisions of the Master

Community “Lusail” Declaration.

15.2 The Tenant acknowledges and understands that the Lessor has the exclusive right

to exploit the use of the Common Use Facilities for commercial purposes and grant

the use of the Common Use Facilities to third parties from time to time for any

purposes Lessor deems appropriate, to collect any revenues derived therefrom and

to apply at its own discretion the net revenues towards the costs incurred by the

Lessor in undertaking its obligations pursuant to the Master Community "Lusail"

Declaration or to keep such net revenues to itself.

16. Cooperation

16.1 The Tenant agrees to comply with all controls, laws, rules, regulations, guidelines

and directions issued by or on behalf of the Lessor and agrees to provide all

cooperation necessary to allow the Lessor to carry out its duties pursuant to this

Agreement.

17. Master Community "Lusail" Declaration and Development Declaration

17.1 The Tenant acknowledges and understands that every property in the Master

Community "Lusail" sold or leased is subject to the terms of a Master Community

"Lusail" Declaration and if possible, steps will be taken so that the registration of

the Property in the Lands Department will be made subject to the terms of the

Master Community "Lusail" Declaration in the form of a restriction. If this is not

possible, the Tenant on its behalf and on behalf of its successors or assigns

acknowledges, agrees and undertakes for the benefit of the Lessor and the other

Owners from time to time of any property in the Master Community "Lusail", that

the Master Community "Lusail" Declaration has the form of a restriction in a

document and is equally binding in relation to each property. The Tenant

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acknowledges and agrees that the Lessor may revise, amend or supplement the

Master Community "Lusail" Declaration at any time and that the Tenant shall be

bound by any such revision, amendment or supplement at all times following the

time the Tenant receives notice thereof and in such case the Tenant shall have no

claim or right to recourse against the Lessor for any losses or damages

17.2 The Tenant acknowledges and understands that the Property is leased subject to the

terms of the Development Declaration. If this is not possible, the Tenant on its own

behalf and on behalf of its successors, assigns and to whom lease of the Property

shall pass acknowledges, agrees and undertakes for the benefit of the Lessor and

the other Occupiers of any property in the Master Community "Lusail" that the

Development Declaration has the form of a restriction in a document and is equally

binding in relation to each property. The Tenant acknowledges and understands

that the Lessor may revise, amend or supplement the Development Declaration at

any time and that the Tenant shall be bound by any such revision, amendment or

supplement at all times following the time Tenant receives notice thereof.

18. Easements and Restrictions

18.1 The Tenant acknowledges and agrees that there is full right and liberty for

Occupiers and all persons authorized by them at all times by day or by night to go,

pass and repass over and along the roads and pavements of the Master Community

"Lusail" and to use the Common Use Facilities of the Master Community "Lusail"

for their intended purpose.

18.2 The Tenant shall grant to the Lessor, third parties and/or residents of the Lusail

Development (as applicable) Easements in order to allow access to the Property as

anticipated by this Agreement.

19. Tenant’s Default

19.1 In the event that:

19.1.1 The Tenant delays in its obligation at any time,

19.1.2 There is a material breach by the Tenant of term or condition of this

Agreement,

19.1.3 A resolution is passed or a court order issued to wind up or liquidate the

Tenant whether voluntarily or compulsorily;

19.1.4 Any license and permit that the Tenant is obliged to obtain and maintain

cease to remain in full force and effect or not being renewed

19.1.5 The Tenant defaults in payment of the Rent or any instalment thereof or

fails to provide or replenish the Deposit; or

19.1.6 The Tenant transfers or assigns, or purports to transfer or assign, this

Agreement or Property and/or improvements erected thereon, or any

interest thereof to any third party Tenant or tenant in contravention of

Clause 26 (together the “Event(s) of Default”),

then the Lessor may serve notice on the Tenant requiring the Tenant to remedy the

Event(s) of Default within ninety (90) a day period.

20. Failure to Rectify of Event(s) of Default

20.1 If an Event of Default has not been rectified within the ninety (90) day period

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referred to in Clause 19 above then the Tenant shall find a replacement Tenant for

the property acceptable to the Lessor to assume all the Tenant’s obligations under

this Agreement and enjoy all of its rights. If this is not possible then six (6) months

after receiving such notice, this Agreement shall be automatically terminated

without the need for a further notice and without the need for a judgment and the

provisions of Clauses 22 and 23 shall apply.

21. Termination

21.1 Without prejudice to its other rights and remedies under this Agreement, the Lessor

may at any time before the Target Date for its sole convenience, and for any

reason, by issuing a notice to the Tenant terminate this Agreement upon twenty

four (24) months prior notice without the need for further notice or court judgment

and the Tenant shall have no right against the Master Developer for any losses or

damages.

22. Termination Obligations

22.1 On termination of this Agreement the following provisions shall apply:

22.1.1 The Tenant shall hand over all the as built plans and the construction

contracts as well as warranties and guarantees for any equipment’s or

material.

22.1.2 The Tenant shall pay all the outstanding dues and handover the buildings

free from any encumbrances and charges whatsoever.

22.1.3 The Parties shall act reasonably in arranging for an orderly wind down of

the arrangements between them.

22.1.4 Termination shall be without prejudice to any claims by either Party for

antecedent breach and the Lessor shall have the right to be fully

compensated for all the damages and losses that it has sustained and the

profit that it has lost.

23. Compensation on Termination

23.1 On termination of this Agreement due to the Tenant Default then the Tenant shall

pay to the Lessor

23.1.1 All the direct loss suffered by the Lessor as a result of the default by the

Tenant to perform its obligations under this Agreement (including, but not

limited to:

23.1.2 the reminder of the Rent;

23.1.3 the legal and other expenses incurred by the Lessor on the termination of

the Agreement;

23.1.4 the costs incurred by the Lessor in fulfilling the Tenant’s obligations, costs

and expenses of any necessary demolition of the Tenant’s improvements,

and reinstatement of the Property to its original condition and the expenses

related to the re-leasing of the Property.

23.2 The Lessor shall retain and take into account any amounts paid by the Tenant on

account of the Rent or carry out any maintenance require to make the Property

operational and to meet the Lessor’s losses, it being understood by the Tenant that if

the amounts so paid on account are insufficient to meet the Tenant’s losses, the

Tenant shall remain liable to pay the shortfall on demand.

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24. Returning the Property to the Lessor

24.1 At the end of the Contractual Term the Tenant shall return the Property including

the Fixtures and Fittings to the Lessor, in a good state of repair as ascertained by

two (2) accredited local valuers (at the Parties joint cost allocated on a 50:50 basis)

by taking into account the age of the Property. The local valuers, the Lessor and

the Tenant shall agree at least six (6) months prior to the end of the Contractual

Term the works and maintenance needed to be carried out for the Tenant to fully

comply with the requirement of this Clause.

24.2 In the event that there is a dispute as to type, natural of work and maintenance

needed required to be undertaken by the Tenant to the building then such dispute

shall be referred to an expert appointed by both parties and if the Parties fails to

agree on an expert then such expert shall be appointed by appointed by KPMG -

Qatar and if they refuse then it shall be appointed by E&Y Qatar as they deem

appropriate. The cost of the expert shall be paid by both parties equally. The expert

determination shall be binding and final.

24.3 Where the Lessor has to undertake maintenance and/or repairs at he due to the fact

that the Tenant has not complied with the terms of this Agreement then the Lessor

may retain and take into account any amounts paid by the Tenant on account of the

Rent to the extent necessary to complete such maintenance and/or repairs at the

Property and to meet the Lessor’s losses, it being understood by the Tenant that if

the amounts so paid on account are insufficient to meet the Tenant’s losses, the

Tenant shall remain liable to pay the shortfall on demand and the Tenant shall not

be entitled to any consideration, losses, damages and claims of whatsoever nature.

24.4 If the Lessor gives the Tenant notice, the Tenant shall;

o remove items it has fixed to the Property; and

o remove any alterations it has made to the Property; and

o make good any damage caused to the Property by that removal and restore

the property generally to its original condition.

24.5 At the end of the Contractual Term, the Tenant shall remove all chattels belonging

to or used by it from the Property.

24.6 The Tenant irrevocably appoints the Lessor to be its agent to store or dispose of any

chattels or items it has fixed to the Property and which have been left by the Tenant

on the Property for more than ten (10) working days after the end of the Contractual

Term. The Lessor shall not be liable to the Tenant by reason of that storage or

disposal. The Tenant shall indemnify the Lessor in respect of any claim made by a

third party in relation to that storage or disposal.

24.7 If the Tenant does not comply with its obligations under this clause then without

prejudice to any other right or remedy, the Lessor will be entitled to take reasonable

steps to return the Property back to the condition it would have been in had the

Tenant performed its obligations under this clause. All costs incurred in taking those

steps shall be a debt due on demand from the Tenant to the Lessor.

25. Force Majeure

25.1 Neither Party shall be liable for any failure or delay to perform its obligations

under this Agreement due to causes beyond its reasonable control, including, but

not limited to, acts of war, terrorism, acts of violence, flood, strike, earthquake,

accidents, riots and decisions of government which arise after the date of this

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Agreement (collectively “Force Majeure”).

25.2 If either Party consider that any circumstances of Force Majeure have occurred

which may affect the performance of its obligations under this Agreement, it shall

notify the other Party thereof as soon as possible and in any event within fourteen

(14) days after the commencement of such circumstances. Such notice shall

include full and detailed particulars of such circumstances and effect. The Party

giving such notice shall (if applicable) notify the other Party of the end of such

circumstances of Force Majeure within fourteen (14) days after the end of such

circumstances.

25.3 Upon the occurrence of any circumstances of Force Majeure, both Parties shall

take all reasonable measures to minimize the effect of such circumstances and shall

use their respective best endeavours to continue to perform their obligations under

this Agreement so far as reasonably practicable.

26. Sub Letting and Assignment of this Agreement

26.1 This Agreement may not be sub leased or assigned or transferred by the Tenant

except with the written approval of Lessor who may withhold his consent at his sole

discretion.

26.2 The Tenant may give the operation of the Property to an operator or a sub-Tenant

subject to the Lessor written consent and provided that the Sub-Tenant is a highly

reputable Tenant with sound operational experience and long good financial

standing. The Tenant and sub-Tenant shall deliver to the Lessor an acknowledgment

signed by the Tenant and sub-Tenant that that they shall remain jointly and

severally liable for the performance of all the obligations of the Tenant under this

Agreement.

26.3 The Tenant acknowledges and agrees the development aspect of the Property cannot

be assumed by or given to a third party.

26.4 The Tenant may assign this Agreement to a third party Tenant or sub lease the

Property or any part of it subject to the Lessor’s prior written consent. In the event

that the Lessor consents to the assignment or the sub lease, the Tenant shall pay the

Lessor any and all fees and/or costs that are associated with registering the

Agreement.

26.5 Each assignment shall be concluded by way of an assignment of the Tenant’s

interest in this Agreement to the third party assignee, which assignment shall be

executed by the Lessor, the Tenant, and the third party assignee, and such

assignment shall obligate the assignee, to assume the obligations of the Tenant

hereunder, including but not limited to, the payment of the balance of the Rent.

26.6 Any change in the majority shareholding of the Tenant or a sub tenant shall be

deemed to be an alienation of the Property for the purposes of this Clause.

26.7 Any breach by the Tenant of this Clause shall constitute a breach entitling the

Lessor to terminate this Agreement.

26.8 All advertising and marketing of the Property by the Tenant shall be approved in

advance by the Lessor and shall contain the following language: “Lusail City”.

26.9 The Lessor shall have the right to assign and/or delegate to other parties such

functions in the, operation and management of Lusail as the Lessor considers

convenient and/or necessary and all rights and exemptions reserved or granted to

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the Lessor by this Agreement shall apply, mutatis mutandis, to each such party. In

the event of any such assignment, and assumption by such assignee of the

obligations of Lessor to perform under this Agreement, Lessor shall thereafter be

released from any further liability under this Agreement and Tenant shall hold

Lessor harmless.

27. Relationship

27.1 Nothing in this Agreement is intended to constitute the Tenant as an agent, legal

representative, subsidiary, joint venture, partner or employee of the Lessor for any

purpose whatsoever.

27.2 Nothing in this Agreement authorizes the Tenant to make any contract, agreement,

warranty or representation on the Lessor’s behalf, or to incur any debt or other

obligation in the Lessor’s name, and the Lessor shall in no event assume liability

for, or be deemed liable hereunder as a result of any such action, nor shall the

Lessor be liable by reason of any act or omission of the Tenant in its performance

of its obligations hereunder.

28. Information

28.1 The Lessor does not give any warranty or undertaking as to the relevance,

completeness, accuracy or fitness for purpose of any of the information that it

provides to the Tenant.

29. Entire Agreement

29.1 This agreement and the documents annexed to it constitute the whole agreement

between the parties and supersede any previous arrangement, understanding or

agreement between them relating to the subject matter of this agreement.

29.2 The Tenant acknowledges that in entering into this agreement, the Tenant has not

relied on and shall have no right or remedy in respect of, any statement,

representation, assurance or warranty (whether made negligently or innocently)

other than as expressly set out in this agreement or the documents annexed to it; or

in any written replies which the Lessor's Conveyancer has given to any written

enquiries raised by the Tenant's Conveyancer before the date of this Agreement.

29.3 No representation or warranty is given or is to be implied by the Lessor entering

into this agreement nor any step taken by or on behalf of the Lessor in connection

with this agreement as to the suitability of the Property for the Tenant's Works or

business.

30. Notices

Any notice [or other communication] required to be given under this agreement shall be in

writing and shall be delivered personally, or sent by pre-paid first class post or recorded

delivery or by commercial courier, to each party required to receive the notice [or

communication] as set out below:

Lessor: Qatari Diar Real Estate Investment Company

P.O. Box 23175, Doha, Qatar

Tenant: xxxxxxxxxxxxxxxxxxx

P.O. Box xxxx, Doha, Qatar

Or as otherwise specified by the relevant party by notice in writing to each other party.

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Any notice [or other communication] shall be deemed to have been duly received:

if delivered personally, when left at the address and for the contact referred to in

this clause;

if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second

working day after posting; or

if delivered by commercial courier, on the date and at the time that the courier's

delivery receipt is signed.

A notice [or other communication] required to be given under this agreement shall not be

validly given if sent by e-mail.

The provisions of this clause shall not apply to the service of any proceedings or other

documents in any legal action.

31. Liability

31.1 The Tenant shall indemnify and hold the Lessor and its affiliates harmless from and

against any and all Third Party actions, claims, proceedings, damages, liabilities,

costs, expenses (including, without limitation, reasonable fees and disbursements of

counsel and experts, as and when incurred, in investigating or defending any such

action, claim or proceeding) arising out of this Agreement. This indemnity shall

terminate on the fifteenth anniversary of the Client's acceptance of the Project and

expiry/or termination of this Agreement.

31.2 Nothing in this Agreement shall relieve, either in whole or in part, any Third Party

involved in the design and/or construction of the Property its components, from any

obligation, responsibility or liability imposed on them by contract or by operation of

law.

32. Jurisdiction

This agreement and any dispute or claim arising out of or in connection with it or its

subject matter or formation (including non-contractual disputes or claims) shall be

governed by and construed in accordance with the law of Qatar.

33. Tenant’s Record Keeping Obligations and Landlords Right of Audit

33.1 Recording of Sales.

In the course of carrying out its business within the leasehold premises, the Tenant

shall make and keep a record of any and all sales or other transactions that occur

during business hours.

33.2 Books and Records.

The Tenant shall keep and maintain full and accurate books of account and records

relative to all sale or other transactions carried out from the leasehold premises in

accordance with standard accounting practices. The books of account and records

shall be kept for a period of two years following the submittal of its certified

quarterly statement for each quarter year to the Landlord.

33.3 Audit.

The Landlord, at any time within 30________ days after receipt of any certified quarterly

statement and after at least ___7_____ days prior written notice to Tenant, may cause an

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audit to be made of Tenant’s records and books reasonably necessary to audit Gross sales; provided that in no event will Landlord have the right to:

(i) audit books and records that do not pertain exclusively to the Premises; and

(ii) conduct any such audit more than once in any given calendar year.

All such audits must be conducted by a certified public accountant with a nationally

recognized accounting firm that is not paid on a contingency basis. The failure of Landlord

to conduct an audit within 1_____ years after tenant has delivered to Landlord its annual

statement of Gross Sales will constitute a waiver by Landlord of its right to dispute Gross

sales as specified in Tenant’s annual Gross sales statement.

Once notified the Tenant shall make all such books and records available for the audit at

Tenant’s home office or accounting office where such books and records are kept, whether or not located in the state in which the Premises are situated. Any such audit will be

conducted in a manner so as to minimize Interference with Tenant’s business operations

Landlord will provide a copy to Tenant of the audit results within __30_____ days after

Landlord ‘s receipt of the results, and Tenant will have the right to reasonable dispute them.

If the audit discloses any overpayment by Tenant of Percentage Rent in excess of (8% ) of

the percentage of gross sales, Landlord will refund to Tenant the amount of the overpayment

within _30___ days following Tenant’s receipt of a copy of the audit results. If the audit

discloses an under reporting of Gross Sales in excess of _ 15% ___ percentage of the

reported gross sales, and additional percentage rent is due as a result of the understatement,

then Tenant will also pay to Landlord he reasonable cost of conducting the audit (as

evidenced by invoices or other reasonable supporting documents delivered to Tenant) within

_7____ days following Landlord’s written demand. Landlord agrees that any information

obtained by landlord as a result of any such audit or inspection will be held in strict

confidence by Landlord and will not be disclosed to any third party.

IN WITNESS WHEREOF, the Provider, the Lessor and the Tenant have executed and

delivered this Agreement as of the date and year first written above.

Signed by xxxxxxxxxxxxxxx

for and on behalf of Qatari Diar Real Estate

Investment Company

.................................................

Group Chief Executive Officer

Signed by xxxxxxxxxxxxxxxxxxxx

for and on behalf of xxxxxxxxxxxx

.................................................

xxxxxxxxxx

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Schedule 1 - Collateral Warranties

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Schedule 2 - Master Community Lusail Declaration

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Schedule 3 - Health and Safety Policies

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Schedule 4 – Key Particulars

Tenderer to insert Proposed Monthly Rent / Revenue Share and

submit together with Commercial Proposal (Part 3)

Crescent Park F&B Kiosk – Block 5

Number of Floors 1

Target Area 25 m2

Monthly Rent/m2 QR …………./m2 < Tenderer to Fill >

Minimum Rent QR 300/m2

Monthly Rent QR ……………… or …....% Revenue

Share, whichever is higher < Tenderer

to Fill >

Minimum Revenue Share 7%

Security Deposit Two (2) Months rental to be paid upon

signing the Agreement

Contractual Term 3 Years from Target Date

Grace Period 18 Months

Target Date TBA

Marina District South F&B Kiosk – Zone 5

Number of Floors 1

Target Area 18 m2

Monthly Rent/m2 QR …………./m2 <Tenderer to Fill>

Minimum Rent QR 300/m2

Monthly Rent QR ……………… or …..% Revenue

Share, whichever is higher < Tenderer

to Fill >

Minimum Revenue Share 7%

Security Deposit Two (2) Months rental to be paid upon

signing the Agreement

Contractual Term 3 Years from Target Date

Grace Period 12 Months

Target Date TBA

Note: Proposed Monthly Rent / Revenue Share should not be less than minimum

threshold.

Signature: ........................................

Designation: .....................................

Date : ..............................................

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Marina District South Kiosk – Zone 8

Number of Floors 1

Target Area 23 m2

Monthly Rent/m2 QR …………./m2 <Tenderer to Fill>

Minimum Rent QR 300/m2

Monthly Rent QR ……………… or …..% Revenue

Share, whichever is higher < Tenderer

to Fill >

Minimum Revenue Share 7%

Security Deposit Two (2) Months rental to be paid upon

signing the Agreement

Contractual Term 3 Years from Target Date

Grace Period 12 Months

Target Date TBA

Marina District East Kiosk – Zone 5

Number of Floors 1

Target Area 23 m2

Monthly Rent/m2 QR …………./m2 <Tenderer to Fill>

Minimum Rent QR 300/m2

Monthly Rent QR ……………… or …..% Revenue

Share, whichever is higher < Tenderer

to Fill >

Minimum Revenue Share 7%

Security Deposit Two (2) Months rental to be paid upon

signing the Agreement

Contractual Term 3 Years from Target Date

Grace Period 12 Months

Target Date TBA

Note: Proposed Monthly Rent / Revenue Share should not be less than minimum

threshold.

Signature: ........................................

Designation: .....................................

Date : ..............................................

Page 28: Lease Agreement for Crescent Park and Marina District .... Agreement AES... · CLAUSE 5 CIVIL DEFENCE AND OTHER AUTHORITY APPROVALS AND ... Qatar (hereinafter ... condition in accordance

Agreement – Draft – 23/04/2018

Schedule 5 – Tenant’s Record Keeping

In accordance with Clause 33 the Tennant shall submit quarterly sales report setting out

monthly sales in the following format.

Month Gross Sales (QAR)

Itemized exclusion

from Gross sales Percentage Rent

1

2

3

Date: ________________

Tenant Name:__________________

Account Number: ________________

Signature constitute certification that the information contained in this statement is true,

accurate, and complete. If Tenant is a corporation or other entity, this statement must be

signed by a properly authorized person, such as an duly authorized officer or Director.