TENANCY AGREEMENT ( *) - heritage.gov.hk

1 TENANCY AGREEMENT TENANCY AGREEMENT (for reference only*). (*Save for the General Conditions, other details and particulars herein contained will be refined based on the successful tenderer's submission, clarification and other documents as appropriate.). AN AGREEMENT made this [day] day [month] of [year] between the Commissioner for Heritage on behalf of the Government of the Hong Kong Special Administrative Region ( the Landlord ) of the one part and [Full name of Tenant] ( the Tenant ) of the other part WHEREBY. IT IS AGREED AS FOLLOWS : GENERAL CONDITIONS. 1. THE LANDLORD LETS AND THE TENANT TAKES from the date referred in Clause 2(a) of the First Schedule to this AGREEMENT or such other day as may be agreed by the parties ( Commencement Date ) ALL THAT piece or parcel of ground short particulars of which are set out in the First Schedule and for the purpose of identification only shown coloured pink, pink stippled black, pink hatched black and pink cross-hatched black on the plan in Annex A TOGETHER WITH such buildings or structures erected thereon or on part thereof as are specified in the First Schedule (which land and structure(s) are hereinafter referred to as the Premises ) for the term, at the rent and for the purpose(s) specified in the First Schedule.

2 ** Titles in this 2. THE TENANT HEREBY AGREES WITH THE LANDLORD as column are temporary follows: for ease of reference and may not be accurate.]. [pay rent] (a) To pay the rent as specified in the First Schedule on the days stipulated therein;. [use of premises (b) Not to use or permit or suffer the use of the Premises or any according to First part thereof for any purpose other than such purposes as are Schedule] specified in the First Schedule;. [not to erect (c) Not to erect or allow to remain on the Premises including fixture/structure the garden, any building, fixture or structure without the w/o approval] prior consent of the Landlord in writing, save for those set out in Clause 5 of the First Schedule;. [not to (d) Not to alter or demolish any building, fixture or structure alter/demolish erected on the Premises including the soft and hard structure w/o landscaping thereof without the prior consent of the approval] Landlord in writing.

3 [arrange for utilities (e) To make such arrangements for the supply and consumption supplies & pay of electricity, gas, water, telecommunications and all other Tender Reference: CHO-HPM02/11. revitalisation of the Haw Par Mansion - TENANCY - TENANCY AGREEMENT charges] utilities to the Premises as the Tenant shall require and to pay all charges in connection therewith including the cost and expense of installation and maintenance thereof and, on termination of this AGREEMENT , if disconnection of utilities and/or dismantling of pipes, wires, cables, meters, switches and any other apparatus ancillary thereto is required by the Landlord, the cost and expense of such disconnection and/or dismantling;. [maintain the (f) To maintain and keep to the satisfaction of the Landlord the premises and the Premises, including without limitation, the soft and hard inventory in good landscaping, the inventory enumerated in the inventory list condition] in Annex B, the boundary walls together with the Overhanging Historic Structures referred in the Conditions of Exchange of Hong Kong Inland Lot No.

4 8972. belonging thereto in good and tenantable repair and condition and (subject to Clause 2(h) of the General Conditions) so to hand over the same on termination of this AGREEMENT ;. [no assignment of (g) Not to assign, mortgage, charge, demise, underlet, part with property] the possession of or otherwise dispose of the Premises or any part thereof or any interest therein or enter into any AGREEMENT so to do;. [yield up possession] (h) To yield up the Premises with vacant possession to the Landlord at the expiration of the TENANCY or sooner termination of this AGREEMENT in good, clean and tenantable repair and condition in accordance with the stipulations contained herein. The Tenant shall, if so required by the Landlord, at his own cost and expense before the expiration or sooner termination of the TENANCY clear all occupation, reinstate and [remove debris, all or any structure or fixture or addition including foundation, paving or other surfacing which is then standing on or forms part of the Premises (only if they were erected or installed by the Tenant)(may be replaced with specific items at the time of signing)], make good and repair in a proper and workmanlike manner any damage to the Premises and thereafter fence and landscape the Premises to the satisfaction of the Landlord and without any compensation thereof being paid by the Landlord to the Tenant.

5 [construct drains] (i) To construct and maintain at the Tenant's own cost and expense, to the satisfaction of the Landlord, such drains and channels, whether within the boundaries of the Premises or upon adjacent Government land, as the Landlord may consider necessary to intercept and convey into the nearest stream-course, catchpit, channel, or storm-water drain all water which may fall or flow on to the Premises and to be Tender Reference: CHO-HPM02/11. revitalisation of the Haw Par Mansion - TENANCY AGREEMENT TENANCY AGREEMENT solely liable for, and to indemnify the Landlord and his officers from and against all actions, claims, liabilities and demands arising out of any damage or nuisance caused by such water;. [use of water] (j) Not to use water from any Government mains for any purpose without the prior consent of the Water Authority in writing;. [permit landlord & (k) (i) To permit the Landlord, his servants or agents at all his agents to inspect reasonable times to enter the Premises to view the the Premises & the state and condition thereof and the operation of the operation & to repair Tenant's business, the area for interpretation and if required] guided tours; and in the event of there being any problem or want of repair or maintenance then and there found, to give or leave on the Premises a written notice to the Tenant, who shall within one (1) month after such notice (or sooner if required).

6 Rectify, make good and repair the same in accordance with such notice and the Tenant's obligations in that behalf herein contained;. (ii) To permit the Landlord, his servants or agents at all reasonable times with or without notice to enter upon the Premises or any part thereof for the purpose of inspecting the same so as to ascertain that there is no breach of or failure to observe any of the terms and conditions herein contained;. [indemnify the (l) To indemnify and keep the Landlord, his officers, landlord against all contractors and workmen indemnified against claims]. (i) all actions, suits, liabilities, costs, expenses, claims, demands and losses (whether financial or otherwise). whatsoever and howsoever arising directly or indirectly out of any breach of the terms and conditions of this AGREEMENT or out of or in connection with the occupation and use of the Premises by the Tenant or the operation of the Tenant's business or otherwise including but not limited to all liabilities arising out of the negligence of the Tenant or his servants, employees, agents or contractors or any person not a party to this AGREEMENT .

7 (ii) all liabilities on the part of the Landlord under the Occupiers Liability Ordinance (Cap. 314);. (iii) all liabilities arising out of anything done or omitted to be done by the Tenant in respect of any safety Tender Reference: CHO-HPM02/11. revitalisation of the Haw Par Mansion - TENANCY AGREEMENT TENANCY AGREEMENT measures or works which the Tenant is required to undertake and fulfil in compliance with Clause 18 of Special Conditions as specified in the Second Schedule;. (iv) any damage or soil and groundwater contamination caused to the Premises or any adjacent or adjoining land where such damage or soil and groundwater contamination has, in the opinion of the Landlord, arisen out of any use of the Premises, or any development or redevelopment affecting the Premises or part thereof or out of any activities carried out on the Premises or out of any other works carried out thereon by the Tenant whether such use, development or redevelopment, activities or works are in compliance with the terms and conditions of this AGREEMENT or in breach thereof.

8 And (v) the use of intellectual property rights at the Premises;. [pay rates, tax] (m) To pay and discharge all existing and future rates, taxes, assessment, duties and outgoings whatsoever which are now or during the term of the TENANCY shall be imposed, assessed or charged upon the Premises or the Tenant in respect thereof;. [perform/comply (n) To perform and observe the obligations contained in the with obligations/ Second Schedule and the Technical Schedule and comply conditions] with all other conditions as stipulated in this AGREEMENT ;. [insurance] (o) At the Tenant's own cost and expense to insure and keep insured at all times during the TENANCY hereby created all the Premises of an insurable nature with insurers previously approved in respect thereof in writing in the name of the Tenant with the interest of the Landlord noted on the policy and with the policy containing such terms and conditions for the protection of the Landlord as the Landlord may reasonably require to avoid the interests of the Landlord being prejudiced by any act, neglect or default of the Tenant or of any other occupier, or any licensee or invitee of the Tenant, against loss or damage or cost and expense (including but not limited to any legal cost and expense that may be incurred by the Landlord or that may be awarded against the Landlord or the Landlord agrees to pay)

9 Or anything that the Landlord may be obliged to do arising directly or indirectly out of or in connection with the occupation or use of the Premises by the Tenant, including but not limited to damage or loss by fire, civil commotion, Tender Reference: CHO-HPM02/11. revitalisation of the Haw Par Mansion - TENANCY AGREEMENT TENANCY AGREEMENT explosion, earthquake, subsidence, landslip, heave, collision by aircraft or parts of aircraft, articles dropped therefrom, flood, storm, lightning, burst pipes, theft, malicious damage, costs of removal of graffiti, impact, and such other risks and contingencies as the Landlord may from time to time require to the full replacement value or reinstatement cost and expense from time to time including architects', surveyors', engineers' and any other professional fees, including, and, for sufficient cover against the death of or personal injury to or illness or disease contracted by any person and loss or damage or legal costs suffered or paid by any person with the occupation or use of the Premises by the Tenant.

10 [pay premium of (p) Duly pay within forty eight hours of the same becoming due insurance] all premium or other money necessary for effecting and keeping up such policies of insurance and to produce to the Landlord the said policy or policies of such insurance and proof of such payments within seven days of the premium becoming due failing which the Landlord may take out or renew such policy or policies in any sum the Landlord may deem expedient; all money expended by the Landlord therein shall be reimbursed by the Tenant on demand and shall bear interest at the rate of two per centum per annum above the prevailing best lending rate of the Hongkong and Shanghai Banking Corporation Limited from the date of payment by the Landlord;. [money received (q) (i) Unless otherwise provided, the insurance policy or from insurance] policies effected or maintained in relation to the Premises by the Tenant (whether or not in pursuance of the obligations herein) shall provide that all insurance proceeds payable thereunder shall be paid to the Landlord.