Common use of Covenants of the Lessor Clause in Contracts

Covenants of the Lessor. The LESSOR covenants and represents: a) To ensure 24 hours’ access to the DEMISED PREMISES by staffing a building attendant/ security personnel 24 hours’ a day and lighting the DEMISED PREMISES at all times. b) To complete handover of the DEMISED PREMISES as per the schedule contained in clause 3 of this Lease Agreement. c) To install double-glazed glasses on exterior façade of the DEMISED PREMISES for noise reduction and increased insulation. d) To allow the LESSEE to install and pass/run the LESSEE’S required quantity of cables/wires (Power+LAN+Fiber+etc.) from floor to floor and from the server room to other floors of the DEMISED PREMISES. The LESSOR shall arrange to mitigate and resolve any hindrance and obstruction, if any, caused to the LESSEE by other tenants of the building in the process of installing and passing cables/wires. e) To allow the LESSEE to install an ISP fiber drop point and wall-mounted network switch box as per the LESSEE’S required specifications (height, weight, dimensions etc.) in an appropriate location at the basement, as deemed by the LESSEE, from where the LESSEE shall be able to use the cable ducts to pass/run the cables/wires toward the server room of the LESSEE. f) To allow the LESSEE to set up a 3rd radio tower including dedicated plant, machinery and equipment, as per the LESSEE’S required specifications (height, weight, dimensions etc.) on roof top of the building, if required, without any hindrance/obstructions and any further rent and/or charges. The approximate technical specifications of the radio and tower, including but not limited to height, weight, dimensions, etc., shall be as provided under Annexure-3. The LESSEE shall not be required to pay any additional rent to the LESSORS for the space to be provided by the LESSSORS on the roof top of the building. g) To arrange, at the LESSOR’S cost, a supply of 400 volts, 3 (three) phase, at least 200 KW (+/-) (Each floor 50 KW) electricity for the DEMISED PREMISES (up to Sub Distribution Board) with separate Electric Meter for the LESSEE which can be amended based on mutual discussion. h) To obtain and provide a resolution of the Board of Directors of the LESSOR’s company in accordance with law and the Articles of Association of the LESSOR, confirming the terms and condition of this Lease Agreement and authorizing the signing of this Lease Agreement granting the lease to the LESSEE. i) To maintain regular water and electricity supply for the DEMISED PREMISES at its own cost. j) To pay any utility bills, including electricity, water charges etc., to the concerned authority or authorities for the DEMISED PREMISES for the period prior to the date LESSEE takes possession of the DEMISED PREMISES, and in the event of failure of the LESSOR to pay such bill, if any, LESSEE shall have the right to pay such bills to the authority or authorities concerned and to recover the said amount from the LESSOR, provided that the LESSEE provides the LESSOR with receipts for the bills so paid as evidence of such payment. k) To pay the land tax, urban tax, City Corporation taxes and any other taxes in connection with the land and the DEMISED PREMISES. l) To install marble/granite tiles in the lift lobby floors, common space and stairs of the DEMISED PREMISES. m) To complete the main entrance door to the DEMISED PREMISES with full height 12mm double shutter glass fitted with protector bit. n) The LESSOR shall allot 2 washrooms (female) specifically for the LESSEE to use (which are already built). o) The LESSOR shall construct 3 additional high standard common toilets including fittings within the DEMISED PREMISES as per lay out plan and architectural drawings (BRAND: KOHLER) from its own cost for the LESSEE. p) To ensure the DEMISED PREMISES is built in accordance and in adherence to all safety regulations as per the relevant authorities of the Dhaka City Corporation. q) To furnish the main floor of the DEMISED PREMISES with Akij/RAK Brand 32” x 32” or 48” x 24” Homogeneous/Antiskid tiles, and wooden/marble texture tiles for balcony. r) To allow the LESSEE to use the DEMISED PREMISES peacefully during the Lease Term, subject to the terms and covenants herein contained, without any interruption or eviction by the LESSOR or any person claiming under or in trust for them or any other persons whatsoever. s) To allow the LESSEE to affix its own name plate or signboard on the entrance of the DEMISED PREMISES, and to display its signage at the said place of the DEMISED PREMISES. t) To upon request from the LESSEE, provide to the LESSEE documentary proof of all the necessary clearance and permission for the DEMISED PREMISES from the Government and other relevant authorities. u) To in the event of a sale, assignment, bequeath, mortgage or any other transfer of ownership or interest in or to the DEMISED PREMISES, ensure and require that any purchaser agrees in writing to be bound by all the terms and conditions of this Lease Agreement. v) To comply with all regulations issued from time to time by local authorities in connection with the DEMISED PREMISES. w) To provide space for 4 (four) car parking spaces. Parking spots will be provided effective from the hand over date. x) To supply, install and provide annual maintenance for 3 (three) brand new high-speed elevators with all modern options for passengers (Lift supply, installation and annual maintenance will be provided by MITSUBISHI (AG MELCO Elevator Company Bangladesh Ltd.), or other equivalent leading and reliable company of the country in the business). All three elevators as specified in this clause 8(w) will be accessible by the employees/staff and guests of the LESSEE. y) To fix and fit all outer window glasses with double low-e double glazed curtain wall glass. z) To allow the LESSEE to install an extra power backup strategy, at its own costs, as the current back-up power provided by ▇▇▇▇▇▇ is not sufficient to meet ▇▇▇▇▇▇’S 24/7 power needs, and to provide full cooperation to the LESSEE for its requisite implementation. aa) The LESSOR shall allocate a space for the LESSEE to place the generator owned by the LESSEE inside the building premises and allow the LESSEE to synchronize their generator with the LESSOR’s generator. ab) To ensure a continuous power supply by providing a standby generator power supply for full load (50 KW) backup in cases of main utility supply failure. The load amount can be amended based on mutual agreement. Unit cost of standby supply shall be Tk.41.00 per KWh, (based on current diesel cost of Tk.109.00 per litre), payable in addition to the normal cost of regular electricity consumption. The unit cost of standby generation shall be adjusted in future i.e. increased or decreased in case there is any fluctuation of fuel cost. ac) Standby generator service consumption shall be calculated in proportion of allocated standby capacity (50 KW) to the full capacity of standby generator multiplied by the operating hours. The standby operating hours shall be recorded in a logbook at the basement substation room which may be viewed and approved by the authorized representative of the LESSEE. The LESSOR shall generate a monthly invoice for the costs of the backup power at the rates stipulated in clause 8(z) of the Lease Agreement at the end of the month for each month. No invoice can be generated unless and until the logbook is viewed, cross-matched and approved by the LESSEE’S authorized representative. ▇▇▇▇▇▇'s non-compliance with the representations and covenants as stipulated in this clause 8 shall be notified to the LESSOR by ▇▇▇▇▇▇ in writing and in case of continued non-compliance for a period of one month after notice is served, may be considered material breach of this Lease Agreement allowing the LESSEE to terminate this Lease Agreement pursuant to clause 15 (e) of this Lease Agreement.

Covenants of the Lessor. The LESSOR covenants and represents: a) To ensure 24 hours’ access to the DEMISED PREMISES by staffing a building attendant/ security personnel 24 hours’ a day and lighting the DEMISED PREMISES at all times. b) To complete handover of the DEMISED PREMISES as per the schedule contained in clause 3 of this Lease Agreement. c) To install double-glazed glasses on exterior façade of the DEMISED PREMISES for noise reduction and increased insulation. d) To allow the LESSEE to install and pass/run the LESSEE’S required quantity of cables/wires (Power+LAN+Fiber+etc.) from floor to floor and from the server room to other floors of the DEMISED PREMISES. The LESSOR shall arrange to mitigate and resolve any hindrance and obstruction, if any, caused to the LESSEE by other tenants of the building in the process of installing and passing cables/wires. e) To allow the LESSEE to install an ISP fiber drop point and wall-mounted network switch box as per the LESSEE’S required specifications (height, weight, dimensions etc.) in an appropriate location at the basement, as deemed by the LESSEE, from where the LESSEE shall be able to use the cable ducts to pass/run the cables/wires toward the server room of the LESSEE. f) To allow the LESSEE to set up a 3rd third radio tower including dedicated plant, machinery and equipment, as per the LESSEE’S required specifications (height, weight, dimensions etc.) on roof top of the building, if required, without any hindrance/obstructions and any further rent and/or charges. The approximate technical specifications of the radio and tower, including but not limited to height, weight, dimensions, etc., shall be as provided under Annexure-3. The LESSEE shall not be required to pay any additional rent to the LESSORS for the space to be provided by the LESSSORS on the roof top of the building. g) To arrange, at the LESSOR’S cost, a supply of 400 volts, 3 (three) phase, at least 200 50 KW (+/-) (Each floor 50 KW) electricity for the DEMISED PREMISES (up to Sub Distribution Board) with separate Electric Meter for the LESSEE which can be amended based on mutual discussion. h) To obtain and provide a resolution of the Board of Directors of the LESSOR’s company in accordance with law and the Articles of Association of the LESSOR, confirming the terms and condition of this Lease Agreement and authorizing the signing of this Lease Agreement granting the lease to the LESSEE. i) To maintain regular water and electricity supply for the DEMISED PREMISES at its own cost. j) To pay any utility bills, including electricity, water charges etc., to the concerned authority or authorities for the DEMISED PREMISES for the period prior to the date LESSEE takes possession of the DEMISED PREMISES, and in the event of failure of the LESSOR to pay such bill, if any, LESSEE shall have the right to pay such bills to the authority or authorities concerned and to recover the said amount from the LESSOR, provided that the LESSEE provides the LESSOR with receipts for the bills so paid as evidence of such payment. k) To pay the land tax, urban tax, City Corporation taxes and any other taxes in connection with the land and the DEMISED PREMISES. l) To install marble/granite tiles in the lift lobby floors, common space and stairs of the DEMISED PREMISES. m) To complete the main entrance door to the DEMISED PREMISES with full height 12mm double shutter glass fitted with protector bit. n) The LESSOR shall allot 2 5 washrooms (femaleMale) specifically for the LESSEE to use (which are already built). o) The LESSOR shall construct 3 2 additional high LESSOR’s standard common toilets including fittings within the DEMISED PREMISES as per lay out plan and architectural drawings (BRAND: BRAND KOHLER) from at its own cost for the LESSEE, and the toilet facilities including fittings at its cost. p) To ensure the DEMISED PREMISES is built in accordance and in adherence to all safety regulations as per the relevant authorities of the Dhaka City Corporation. q) To furnish the main floor of the DEMISED PREMISES with Akij/RAK Akij Brand 32” x 32” or 48” x 24” Homogeneous/Antiskid Oxford Ivory tiles, and wooden/marble texture tiles for balconybalcony as already existing. r) To allow the LESSEE to use the DEMISED PREMISES peacefully during the Lease Term, subject to the terms and covenants herein contained, without any interruption or eviction by the LESSOR or any person claiming under or in trust for them or any other persons whatsoever. s) To allow the LESSEE to affix its own name plate or signboard on the entrance of the DEMISED PREMISES, and to display its signage at the said place of the DEMISED PREMISES. t) To upon request from the LESSEE, provide to the LESSEE documentary proof of all the necessary clearance and permission for the DEMISED PREMISES from the Government and other relevant authorities. u) To in the event of a sale, assignment, bequeath, mortgage or any other transfer of ownership or interest in or to the DEMISED PREMISES, ensure and require that any purchaser agrees in writing to be bound by all the terms and conditions of this Lease Agreement. v) To comply with all regulations issued from time to time by local authorities in connection with the DEMISED PREMISES. w) To provide space for 4 6 (fourSix) car parking spaces. Parking spots will be provided effective from the hand over date. x) To supply, install and provide annual maintenance for 3 (three) brand new high-speed elevators with all modern options for passengers (Lift supply, installation and annual maintenance will be provided by MITSUBISHI (AG MELCO Elevator Company Bangladesh Ltd.), or other equivalent leading and reliable company of the country in the business). All three elevators as specified in this clause 8(w) will be accessible by the employees/staff and guests of the LESSEE. y) To fix and fit all outer window glasses with double low-e double glazed curtain wall glass. z) To allow the LESSEE to install an extra power backup strategy, at its own costs, as the current back-up power provided by ▇▇▇▇▇▇ is not sufficient to meet ▇▇▇▇▇▇’S 24/7 power needs, and to provide full cooperation to the LESSEE for its requisite implementation. aa) The LESSOR shall allocate a suitable space for the LESSEE to place the one generator owned by the LESSEE inside the building premises and premises. The LESSOR shall allow the LESSEE to synchronize their generator with the LESSOR’s generator. ab) To ensure a continuous power supply by providing a standby generator power supply for full load (50 KW) backup in cases of main utility supply failure. The load amount can be amended based on mutual agreement. Unit cost of standby supply shall be Tk.41.00 per KWh, (based on current diesel cost of Tk.109.00 per litre), payable in addition to the normal cost of regular electricity consumption. The unit Unit cost of standby generation shall be adjusted in future i.e. increased or decreased in case there is any fluctuation of fuel costdepending on diesel cost fluctuation. ac) Standby generator service consumption shall be calculated in proportion of allocated standby capacity (50 KW) to the full capacity of standby generator multiplied by the operating hours. The standby operating hours shall be recorded in a logbook at the basement substation room which may be viewed and approved by the authorized representative of the LESSEE. The LESSOR shall generate a monthly invoice for the costs of the backup power at the rates stipulated in clause 8(z8(bb) of the Lease Agreement at the end of the month for each month. No invoice can be generated unless and until the logbook is viewed, cross-matched and approved by the LESSEE’S authorized representative. ad) The LESSOR will construct toilets with fittings inside the DEMISED PREMISES at its own cost for the LESSEE. Unless otherwise agree, the toilets shall be located and installed per the architectural drawings and design (if set forth therein). ▇▇▇▇▇▇'s non-compliance with the representations and covenants as stipulated in this clause 8 shall be notified to the LESSOR by ▇▇▇▇▇▇ in writing and in case of continued non-compliance for a period of one month after notice is served, may be considered material breach of this Lease Agreement allowing the LESSEE to terminate this Lease Agreement pursuant to clause 15 (e) of this Lease Agreement.

Covenants of the Lessor. The LESSOR Lessor covenants and represents& represents as follows: a) To ensure 24 hours’ access i. That minimum ? Three-phase separate commercial electric meter for the Demised Premises shall be made available by the lessor for the Lessee’s exclusive use. If required by the lessee the lessor shall be bound to increase the DEMISED PREMISES by staffing a building attendant/ security personnel 24 hours’ a day and lighting electricity load at the DEMISED PREMISES at all timesdemised premises. bii. The Lessor will complete the Transformer’s & Electric Meter(s) To complete handover of the DEMISED PREMISES installation & connection as per Clauses 4.2 (d) & 4.2 (e) before the schedule contained in clause 3 of this Lease AgreementLessee’s shop’s opening date for business. However, during the lease term, if the transformer or the electric meter(s) malfunction & / or require repairs / replacements due to excessive electrical loads by the Lessee’s equipment at the demised premises, then the Lessee shall be responsible for restoring the transformer & /or electric meter(s) to their working conditions. For any & all other reasons, where the transformer or the electric meters malfunction & / or require repairs / replacements, then the Lessor shall be responsible for restoring them to their working conditions & all associated costs shall be borne by the Lessor. c) To install double-glazed glasses on exterior façade iii. That at the time of possession, the DEMISED PREMISES for noise reduction and increased insulation. d) To allow the LESSEE to install and pass/run the LESSEE’S required quantity of cables/wires (Power+LAN+Fiber+etc.) from floor to floor and from the server room to other floors of the DEMISED PREMISES. The LESSOR shall arrange to mitigate and resolve any hindrance and obstructionDemised Premises with its structure, if anycolumns, caused to the LESSEE by other tenants beams, roof, walls & all joints of the building sealed & water tight, in addition to, all fittings, water, electricity, plumbing, drainage & sewerage connections deemed in safe, sound & working condition. The Lessor hereby undertakes to show the process “Structural Stability Certificate” issued by the competent authority to the Lessee before handing over the possession of installing and passing cables/wiresthe Demised Premises. e) To allow iv. That the LESSEE to install an ISP fiber drop point and wall-mounted network switch box as per the LESSEE’S required specifications (heightsaid property, weight, dimensions etc.) in an appropriate location at the basement, as deemed by the LESSEE, from where the LESSEE shall be able to use the cable ducts to pass/run the cables/wires toward the server room inclusive of the LESSEEDemised Premises, has been duly commercialized after obtaining all official approvals & completing all requisite legal formalities in order for the Lessee to conduct their business activities. The Lessor hereby undertakes to show a copy of the “Commercialization Certificate” to the Lessee before handing over the possession of the Demised Premises. f) To allow v. That the LESSEE to set up a 3rd radio tower including dedicated plant, machinery and equipment, as per the LESSEE’S required specifications (height, weight, dimensions etc.) on roof top of the building, if required, without any hindrance/obstructions and any further rent and/or charges. The approximate technical specifications of the radio and towerentire Site, including but not limited to heightthe Demised Premises, weight, dimensions, etc., shall be as provided under Annexure-3. The LESSEE shall not be required to pay any additional rent to the LESSORS for the space to be provided by the LESSSORS on the roof top of the building. g) To arrange, at the LESSOR’S cost, a supply of 400 volts, 3 (three) phase, at least 200 KW (+/-) (Each floor 50 KW) electricity for the DEMISED PREMISES (up to Sub Distribution Board) with separate Electric Meter for the LESSEE which can be amended based on mutual discussion. h) To obtain and provide a resolution of the Board of Directors of the LESSOR’s company has been constructed in accordance with law and the Articles approved Building Plans & that there are no violations of Association any rules or regulations of any concerned authority. The Lessor undertakes to indemnify & keep the Lessee harmless from & against all losses, damages, costs & expenses that may be incurred or sustained by the Lessee due to any notices or proceedings resulting from any unauthorized or unlawful construction or commercialization of the LESSOR, confirming Site. In case the terms and condition Lessee suffers any loss or subjected to any fine or penalty on account of this Lease Agreement and authorizing the signing of this Lease Agreement granting the lease to the LESSEE. i) To maintain regular water and electricity supply for the DEMISED PREMISES at its own cost. j) To pay any utility bills, including electricity, water charges etc., to the concerned authority or authorities for the DEMISED PREMISES for the period prior to the date LESSEE takes possession of the DEMISED PREMISES, and in the event of failure of the LESSOR to pay such bill, if any, LESSEE shall have the right to pay such bills to the authority or authorities concerned and to recover the said amount from the LESSOR, provided that the LESSEE provides the LESSOR with receipts for the bills so paid as evidence of such payment. k) To pay the land tax, urban tax, City Corporation taxes and any other taxes in connection with the land and the DEMISED PREMISES. l) To install marble/granite tiles in the lift lobby floors, common space and stairs of the DEMISED PREMISES. m) To complete the main entrance door to the DEMISED PREMISES with full height 12mm double shutter glass fitted with protector bit. n) The LESSOR shall allot 2 washrooms (female) specifically for the LESSEE to use (which are already built). o) The LESSOR shall construct 3 additional high standard common toilets including fittings within the DEMISED PREMISES as per lay out plan and architectural drawings (BRAND: KOHLER) from its own cost for the LESSEE. p) To ensure the DEMISED PREMISES is built in accordance and in adherence to all safety regulations as per the relevant authorities of the Dhaka City Corporation. q) To furnish the main floor of the DEMISED PREMISES with Akij/RAK Brand 32” x 32” or 48” x 24” Homogeneous/Antiskid tiles, and wooden/marble texture tiles for balcony. r) To allow the LESSEE to use the DEMISED PREMISES peacefully during the Lease Term, subject to the terms and covenants herein contained, without any interruption or eviction by the LESSOR or any person claiming under or in trust for them or any other persons whatsoever. s) To allow the LESSEE to affix its own name plate or signboard on the entrance of the DEMISED PREMISES, and to display its signage at the said place of the DEMISED PREMISES. t) To upon request from the LESSEE, provide to the LESSEE documentary proof of all the necessary clearance and permission for the DEMISED PREMISES from the Government and other relevant authorities. u) To in the event of a sale, assignment, bequeath, mortgage or any other transfer of ownership or interest in or to the DEMISED PREMISES, ensure and require that any purchaser agrees in writing to be bound by all the terms and conditions of this Lease Agreement. v) To comply with all regulations issued from time to time by local authorities in connection with the DEMISED PREMISES. w) To provide space for 4 (four) car parking spaces. Parking spots will be provided effective from the hand over date. x) To supply, install and provide annual maintenance for 3 (three) brand new high-speed elevators with all modern options for passengers (Lift supply, installation and annual maintenance will be provided by MITSUBISHI (AG MELCO Elevator Company Bangladesh Ltd.), or other equivalent leading and reliable company of the country in the business). All three elevators as specified in this clause 8(w) will be accessible by the employees/staff and guests of the LESSEE. y) To fix and fit all outer window glasses with double low-e double glazed curtain wall glass. z) To allow the LESSEE to install an extra power backup strategy, at its own costs, as the current back-up power provided by ▇▇▇▇▇▇ is not sufficient to meet ▇▇▇▇▇▇’S 24/7 power needs, and to provide full cooperation to the LESSEE for its requisite implementation. aa) The LESSOR shall allocate a space for the LESSEE to place the generator owned by the LESSEE inside the building premises and allow the LESSEE to synchronize their generator with the LESSOR’s generator. ab) To ensure a continuous power supply by providing a standby generator power supply for full load (50 KW) backup in cases of main utility supply failure. The load amount can be amended based on mutual agreement. Unit cost of standby supply shall be Tk.41.00 per KWh, (based on current diesel cost of Tk.109.00 per litre), payable in addition to the normal cost of regular electricity consumption. The unit cost of standby generation shall be adjusted in future i.e. increased or decreased in case there is any fluctuation of fuel cost. ac) Standby generator service consumption shall be calculated in proportion of allocated standby capacity (50 KW) to the full capacity of standby generator multiplied by the operating hours. The standby operating hours shall be recorded in a logbook at the basement substation room which may be viewed and approved by the authorized representative of the LESSEE. The LESSOR shall generate a monthly invoice for the costs of the backup power at the rates stipulated in clause 8(z) of the Lease Agreement at the end of the month for each month. No invoice can be generated unless and until the logbook is viewed, cross-matched and approved by the LESSEE’S authorized representative. ▇▇▇▇▇▇'s non-compliance with building rules & regulations, the representations and covenants Lessee would be entitled to either terminate the lease or deduct from the rent payable any such amount that might have been paid as stipulated in this clause 8 shall be notified fine or have been suffered or incurred as a loss or expense. The Lessor hereby undertakes to furnish a copy of the “Completion Certificate” stamped & signed by the regulatory authority to the LESSOR by ▇▇▇▇▇▇ in writing and in case Lessee before handing over the possession of continued non-compliance for a period of one month after notice is served, may be considered material breach of this Lease Agreement allowing the LESSEE to terminate this Lease Agreement pursuant to clause 15 (e) of this Lease AgreementDemised Premises.