Common use of Fitting Out Clause in Contracts

Fitting Out. 5.1 The Tenant shall take possession of the Demised Premises on the date specified in paragraph 6 of Schedule 1 (the “Date of Possession”) or if not stated, then the Landlord shall give the Tenant at least 14 days’ written notice of the Date of Possession. The Tenant shall be deemed to have taken possession of the Demised Premises on the date set out in the Landlord's notice regardless of whether the Tenant has actually done so. The Landlord shall not be liable in the event that the Tenant delays taking possession. 5.2 The Tenant shall be given a rent-free fitting out period specified in paragraph 9(a) of Schedule 1 (the “Fitting-Out Period”) from the Date of Possession to carry out the fitting out works (the “Fitting-Out Works”). The Base Rent, Service Charge and A&P Charges will be charged from the expiry of the Fitting-Out Period, regardless of whether the Tenant is ready for business. During the Fitting-Out Period, the Demised Premises will only be used for the purposes of carrying out the Fitting-Out Works. Without prejudice to the foregoing, in the event that the Tenant completes the fitting out works prior to the expiry of the Fitting-Out Period, the Tenant may subject to giving at least three (3) business days prior written notice to the Landlord commence business operations at the Demised Premises; and in such event, the Tenant shall pay Service Charge and A&P Charges at the rate prescribed in this Lease as from the commencement date of business and any stamp duty arising from the payment of Service Charge and A&P Charges during the Fitting-Out Period. 5.3 The Demised Premises will be handed over to the Tenant in its “as is, where is” condition and the Landlord shall not be obliged to provide any other item or works. 5.4 The Tenant shall carry out the Fitting-Out Works in the Demised Premises at its own expense and shall obtain all necessary approvals and licences (if any) from the relevant authorities at the Tenant’s own cost and absolute responsibility in order to carry out the Fitting-Out Works. 5.5 In carrying out the Fitting-Out Works, the Tenant shall comply with the requirements and abide by the terms set out herein and the Tenants' Fitting- Out Manual . 5.6 To keep with the overall image of the retail floor, the Tenant shall spend at least S$60 per square foot (or such other sum as the Landlord may instruct in writing) for the Fitting-Out Works. Upon the Landlord’s request, the Tenant shall forthwith provide the Landlord with all relevant documents as proof of such expenditure. 5.7 The Tenant shall before commencing Fitting-Out Works in accordance with this Clause, pay the Fitting-Out/Reinstatement Deposit specified in paragraph 9(b) of Schedule 1 as security for the due performance by the Tenant of the following obligations: (a) to make good to the Landlord's satisfaction all damage to the Demised Premises and the Station resulting from the execution of the Fitting-Out Works; (b) to remove all waste materials and debris immediately upon completion of the Fitting-Out Works. The Landlord may at its sole option, without being obliged to do so, arrange for the removal of the same off-site by its contractor and the costs therefore shall be borne by the Tenant; and (c) to comply with the requirements and abide by the terms set out in this Lease and the Tenants' Fitting-Out Manual. 5.8 The Fitting-Out/Reinstatement Deposit will be refunded to the Tenant only upon the expiration of the Term free of interest less any amounts forfeited due to the Tenant’s non-compliance with the aforesaid obligations. 5.9 Before commencing Fitting-Out Works, the Tenant shall effect a comprehensive all risks insurance policy and public liability policy covering the period from the date of commencement of the Fitting-Out Period to the date of the completion of the Fitting-Out Works for such amounts and with such insurers and named insured as the Landlord shall require, which shall not exceed S$3,000,000. 5.10 Any delay in carrying out or completing the Fitting-Out Works shall not be a ground for postponing the commencement date of the Term or the payment of Base Rent, Service Charge and A&P Charges and other monies reserved by this Lease, or relieve the Tenant in any way from performance and observance of the obligations, covenants, conditions and provisions on the Tenant's part to be performed and observed.

Appears in 1 contract

Sources: Lease Agreement

Fitting Out. 5.1 The Tenant shall take possession of the Demised Premises on the date specified in paragraph 6 of Schedule 1 (the “Date of Possession”) or if not stated, then the Landlord shall give the Tenant at least 14 seven (7) days' written notice of the Date of Possession. The Tenant shall be deemed to have taken possession of the Demised Premises on the date set out in the Landlord's notice regardless of whether the Tenant has actually done so. The Landlord shall not be liable in the event that the Tenant delays taking possession. 5.2 . The Tenant shall be given a rent-free fitting out period specified in paragraph 9(a) of Schedule 1 (the “Fitting-Out Period”) from the Date of Possession to carry out the fitting out works (the “Fitting-Out Works”)works. The Base Rent, Rent and Service Charge and A&P Charges will be charged from the expiry of the Fittingrent-Out Periodfree period, regardless of whether the Tenant is ready for business. During the Fitting-Out Period, the Demised Premises will only be used for the purposes of carrying out the Fitting-Out Works. Without prejudice to the foregoing, in the event that the Tenant completes the fitting out works prior to the expiry of the Fitting-Out Period, the Tenant may subject to giving at least three (3) business days prior written notice to the Landlord commence business operations at the Demised Premises; and in such event, the Tenant shall pay Service Charge and A&P Charges at the rate prescribed in this Lease as or from the commencement date of business and any stamp duty arising from the payment of Service Charge and A&P Charges during the Fitting-Out Period. 5.3 business, whichever is earlier. The Demised Premises will be handed over to the Tenant in its “as is, where is” condition and the Landlord shall not be obliged to provide any other item or works. 5.4 . The Tenant shall carry out fitting-out works (the Fitting-Out Works Works”) in the Demised Premises at its own expense and shall obtain all necessary approvals and licences (if any) from the relevant authorities at the Tenant’s Tenant‟s own cost and absolute responsibility in order to carry out the Fitting-Out Works. 5.5 . In carrying out the Fitting-Out Works, the Tenant shall comply with the requirements and abide by the terms set out herein and the Tenants' Fitting- Out Manual . 5.6 (a copy of which will be given to the Tenant). To keep with the overall image of the retail floor, the Tenant shall spend at least S$60 per square foot (or such other sum as the Landlord may instruct in writing) for the Fitting-Out Works. Upon the Landlord’s Landlord‟s request, the Tenant shall forthwith provide the Landlord with all relevant documents as proof of such expenditure. 5.7 . The Tenant shall before commencing Fitting-Out Works in accordance with this Clauseclause, pay the Fitting-Out/Reinstatement Out Deposit specified in paragraph 9(b) of Schedule 1 as security for the due performance by the Tenant of the following obligations: (a) to make good to the Landlord's satisfaction all damage to the Demised Premises and the Station resulting from the execution of the Fitting-Out Works; ; (b) to remove all waste materials and debris immediately upon completion of the Fitting-Out Works. The Landlord may at its sole option, without being obliged to do so, arrange for the removal of the same off-site by its contractor and the costs therefore shall be borne by the Tenant; and and (c) to comply with the requirements and abide by the terms set out in this Lease Agreement and the Tenants' Fitting-Out Manual. 5.8 Manual (a copy of which will be given to the Tenant). The Fitting-Out/Reinstatement Out Deposit will be refunded to the Tenant only upon the expiration of the Term free of interest less any amounts forfeited due to the Tenant’s Tenant‟s non-compliance with the aforesaid obligations. 5.9 . Before commencing Fitting-Out Works, the Tenant shall effect a comprehensive all risks insurance policy and public liability policy covering the period from the date of commencement of the Fitting-Out Period to the date of the completion of the Fitting-Out Works for such amounts and with such insurers and named insured as the Landlord shall require, which shall not exceed S$3,000,000. 5.10 . Any delay in carrying out or completing the Fitting-Out Works shall not be a ground for postponing the commencement date of the Term or the payment of Base Rent, Service Charge and A&P Charges and other monies reserved by this Lease, or relieve the Tenant in any way from performance and observance of the obligations, covenants, conditions and provisions on the Tenant's part to be performed and observed.

Appears in 1 contract

Sources: Lease Agreement

Fitting Out. 5.1 (a) The Tenant shall take possession of the Demised Premises on the date specified in paragraph 6 of Schedule 1 (the “Date of Possession”). (b) or if not stated, then the Landlord shall give the Tenant at least 14 days’ written notice of the Date of Possession. The Tenant shall be deemed to have taken possession of the Demised Premises on the date set out in the Landlord's notice regardless of whether the Tenant has actually done so. The Landlord shall not be liable in the event that for any delay of the Tenant delays taking possessionpossession of the Demised Premises. 5.2 (c) The Tenant shall be given a rent-free fitting out period Fitting Out Period specified in paragraph 9(a) of Schedule 1 (the “Fitting-Out Period”) from the Date of Possession to carry out the fitting out works (the “Fitting-Out Works”)works. The Base Rent, Rent and Service Charge and A&P Charges will be charged from the expiry of the Fitting-Fitting Out Period, regardless of whether the Tenant is ready for business. During the Fitting-Out Period, the Demised Premises will only be used for the purposes of carrying out the Fitting-Out Works. Without prejudice to the foregoing, in the event that the Tenant completes the fitting out works prior to the expiry of the Fitting-Out Period, the Tenant may subject to giving at least three (3) business days prior written notice to the Landlord commence business operations at the Demised Premises; and in such event, the Tenant shall pay Service Charge and A&P Charges at the rate prescribed in this Lease as or from the FITTING-OUT WORKS FITTING-OUT DEPOSIT commencement date of business and any stamp duty arising from the payment of Service Charge and A&P Charges during the Fitting-Out Periodbusiness, whichever is earlier unless otherwise stated. 5.3 The Demised Premises will be handed over to the Tenant in its “as is, where is” condition and the Landlord shall not be obliged to provide any other item or works. 5.4 (a) The Tenant shall carry out fitting-out works (the Fitting-Out Works Works”) in the Demised Premises at its own expense and shall obtain all necessary approvals and licences (if any) from the relevant authorities at the Tenant’s own cost and absolute responsibility in order to carry out the Fitting-Out Works. 5.5 (b) The Demised Premises will be handed over to the Tenant in its “as is, where is” condition and the Landlord shall not be obliged to provide any other item(s) or works. (c) In carrying out the Fitting-Out Works, the Tenant shall comply with the requirements and abide by the terms set out herein and the Tenants' Fitting- Fitting-Out Manual which has been provided. 5.6 To keep with the overall image of the retail floor(d) Before commencing Fitting-Out Works, the Tenant shall spend at least S$60 per square foot (or such other sum as effect a comprehensive all risks insurance policy and public liability policy covering the Landlord may instruct in writing) for period from the date of commencement of the Fitting-Out Works. Upon Period to the Landlord’s requestdate of the completion of the Fitting-Out Works for such amounts and with such insurers and named insured as the Landlord shall require which shall not exceed S$3,000,000. (e) Any delay in carrying out or completing the Fitting-Out Works shall not be a ground for postponing the Term Commencement Date or the payment of Base Rent, Service Charge and other monies reserved by this Lease, or relieve the Tenant shall forthwith provide in any way from performance and observance of the Landlord with all relevant documents as proof of such expenditureobligations, covenants, conditions and provisions on the Tenant's part to be performed and observed. 5.7 5.3 The Tenant shall before commencing Fitting-Out Works in accordance with this Clauseclause, pay the Fitting-Out/Reinstatement Out Deposit specified in paragraph 9(b) of Schedule 1 as security for the due performance by the Tenant of the following obligations: (a) to make good to the Landlord's satisfaction all damage to the Demised Premises and the Station resulting from the execution of the Fitting-Out Works; (b) to remove all waste materials and debris immediately upon completion of the Fitting-Out Works. The Landlord may at its sole option, without being obliged to do so, arrange for the removal of the same off-site by its contractor and the costs therefore shall be borne by the Tenant; and (c) to comply with the requirements and abide by the terms set out in this Lease Agreement and the Tenants' Fitting-Out Manual. 5.8 The Fitting-Out/Reinstatement Deposit Manual (a copy of which will be refunded to the Tenant only upon the expiration of the Term free of interest less any amounts forfeited due given to the Tenant’s non-compliance with the aforesaid obligations. 5.9 Before commencing Fitting-Out Works, the Tenant shall effect a comprehensive all risks insurance policy and public liability policy covering the period from the date of commencement of the Fitting-Out Period to the date of ). Upon the completion of the Fitting-Out Works for such amounts and with such insurers and named insured as the Landlord shall requireWorks, which shall not exceed S$3,000,000. 5.10 Any delay in carrying out or completing the Fitting-Out Works Deposit (or part thereof following deductions by the Landlord for costs and expenses incurred by the Landlord arising from the aforementioned obligations) shall not continue to be a ground for postponing held by the commencement date of the Term or the payment of Base Rent, Service Charge and A&P Charges and other monies reserved by this Lease, or relieve the Tenant in any way from performance and observance of the obligations, covenants, conditions and provisions on Landlord as the Tenant's part ’s Reinstatement Deposit in accordance with Clause 5.4. REINSTATEMENT DEPOSIT ACTUAL DECLARED VALUE OF THE TENANT’S CAPEX WORKS TAXES AND IMPOSITIONS 5.4 The Reinstatement Deposit is held by the Landlord as security for costs and expenses incurred by the Landlord in carrying out any reinstatement to be performed and observed.the Demised Premises in accordance with Clause

Appears in 1 contract

Sources: Lease Agreement

Fitting Out. 5.1 The Tenant shall take possession of the Demised Premises on the date specified in paragraph 6 of Schedule 1 (the “Date of Possession”) or if not stated, then the Landlord shall give the Tenant at least 14 seven (7) days’ written notice of the Date of Possession. The Tenant shall be deemed to have taken possession of the Demised Premises on the date set out in the Landlord's notice regardless of whether the Tenant has actually done so. The Landlord shall not be liable in the event that the Tenant delays taking possession. 5.2 . The Tenant shall be given a rent-free fitting out period specified in paragraph 9(a) of Schedule 1 (the “Fitting-Out Period”) from the Date of Possession to carry out the fitting out works (the “Fitting-Out Works”)works. The Base Rent, Rent and Service Charge and A&P Charges will be charged from the expiry of the Fittingrent-Out Periodfree period, regardless of whether the Tenant is ready for business. During the Fitting-Out Period, the Demised Premises will only be used for the purposes of carrying out the Fitting-Out Works. Without prejudice to the foregoing, in the event that the Tenant completes the fitting out works prior to the expiry of the Fitting-Out Period, the Tenant may subject to giving at least three (3) business days prior written notice to the Landlord commence business operations at the Demised Premises; and in such event, the Tenant shall pay Service Charge and A&P Charges at the rate prescribed in this Lease as or from the commencement date of business and any stamp duty arising from the payment of Service Charge and A&P Charges during the Fitting-Out Period. 5.3 business, whichever is earlier unless otherwise stated. The Demised Premises will be handed over to the Tenant in its “as is, where is” condition and the Landlord shall not be obliged to provide any other item or works. 5.4 . The Tenant shall carry out fitting-out works (the Fitting-Out Works Works”) in the Demised Premises at its own expense and shall obtain all necessary approvals and licences (if any) from the relevant authorities at the Tenant’s own cost and absolute responsibility in order to carry out the Fitting-Out Works. 5.5 . In carrying out the Fitting-Out Works, the Tenant shall comply with the requirements and abide by the terms set out herein and the Tenants' Fitting- Fitting-Out Manual . 5.6 (a copy of which will be given to the Tenant). To keep with the overall image of the retail floor, the Tenant shall spend at least S$60 per square foot (or such other sum as the Landlord may instruct in writing) for the Fitting-Out Works. Upon the Landlord’s request, the Tenant shall forthwith provide the Landlord with all relevant documents as proof of such expenditure. 5.7 . The Tenant shall before commencing Fitting-Out Works in accordance with this Clauseclause, pay the Fitting-Out/Reinstatement Out Deposit specified in paragraph 9(b) of Schedule 1 as security for the due performance by the Tenant of the following obligations: (a) to make good to the Landlord's satisfaction all damage to the Demised Premises and the Station resulting from the execution of the Fitting-Out Works; (b) to remove all waste materials and debris immediately upon completion of the Fitting-Out Works. The Landlord may at its sole option, without being obliged to do so, arrange for the removal of the same off-site by its contractor and the costs therefore shall be borne by the Tenant; and (c) to comply with the requirements and abide by the terms set out in this Lease Agreement and the Tenants' Fitting-Out Manual. 5.8 Manual (a copy of which will be given to the Tenant). The Fitting-Out/Reinstatement Out Deposit will be refunded to the Tenant only upon the expiration of the Term free of interest less any amounts forfeited due to the Tenant’s non-compliance with the aforesaid obligations. 5.9 . Before commencing Fitting-Out Works, the Tenant shall effect a comprehensive all risks insurance policy and public liability policy covering the period from the date of commencement of the Fitting-Out Period to the date of the completion of the Fitting-Out Works for such amounts and with such insurers and named insured as the Landlord shall require, which shall not exceed S$3,000,000. 5.10 . Any delay in carrying out or completing the Fitting-Out Works shall not be a ground for postponing the commencement date of the Term or the payment of Base Rent, Service Charge and A&P Charges and other monies reserved by this Lease, or relieve the Tenant in any way from performance and observance of the obligations, covenants, conditions and provisions on the Tenant's part to be performed and observed. 6. 6.1 The Tenant shall pay:- IMPOSITIONS (a) all taxes, duties, assessments or impositions including, but not limited to any goods and services tax, value added tax or such other consumption tax, by whatever name called which may be leviable or levied or imposed under any statutory provision or enactment on or in respect of the Base Rent, Service Charge and all other monies due and payable under this Lease; (b) such monies are required to be paid under the provisions of this Lease and/or under any statutory provision or enactment including all taxes or impositions by whatever name called levied or imposed on all the services supplied (whether by the Landlord or otherwise) to the Demised Premises or in respect thereof (or, if not levied or imposed separately in respect of the Demised Premises, then a proportionate part of such taxes or impositions) and any increases thereon; Irrespective of whether such taxes, duties, assessments or impositions are levied or imposed during the Term or after the expiry or earlier determination of the Term or retrospectively. The Base Rent, Service Charge and other sums expressed to be payable by the Tenant under this Lease shall be exclusive of any applicable goods and services tax, value added tax or such other consumption tax, imposition, duty and levy whatsoever (hereinafter collectively called "Taxes") which from time to time may be imposed or charged by any government statutory or tax authority on or calculated by reference to the amount of the Base Rent, Service Charge and any other sums received or receivable by the Landlord under this Lease and the Tenant shall pay all such taxes in the manner and within the period prescribed in accordance with the applicable laws and regulations. If the Landlord (or any person on its behalf) is required by law to make any deduction or withholding or to make any payment, on account of any such taxes, from or calculated by reference to the amount of any sum received or receivable by the Landlord under this Lease:- (a) The Tenant shall pay all such taxes on receipt of written notice from the Landlord, such payment to be made (if the liability to pay is imposed on the Tenant) for its own account or (if that liability is imposed on the Landlord) on behalf of and in the name of the Landlord and without prejudice to the foregoing, if the law requires the Landlord to collect and to account for such taxes, the Tenant shall pay such taxes to the Landlord on receipt of written notice from the Landlord; and (b) The sum payable by the Tenant in respect of which the relevant deduction, withholding or payment is required on account of such taxes, shall be increased to the extent necessary to ensure that after the making of that deduction, withholding or payment, the Landlord receives on due date and retains (free from any liability in respect of any such deduction, withholding or payment) a net sum equal to what it would have received and so retained had no such deduction, withholding or payment been required or made. ELECTRICITY 6.2 (a) The Tenant shall pay direct to the Landlord for the monthly CHARGE consumption inclusive of prevailing taxes of electrical energy (KWH) for lighting, air-con and power outlets used for the Demised Premises and maintain a separate account/deposit with the Landlord for this purpose. The amount of electricity deposit shall be the amount specified in paragraph 8 of Schedule 1 and shall be refunded upon the lease expiration or sooner determination of the lease without interest. (b) The Landlord shall charge the Tenant for the Tenant's KWH energy consumption based on prevailing Low Tension (LT) tariffs set by SP Services Ltd or such other published tariffs in the liberalised energy market. The Tenant shall ensure that all appliances, fittings and devices used in the Demised Premises suit the 240V single phase voltage supplied in the Mass Rapid Transit System (the “System”). (c) The Landlord reserves the right to disconnect electricity supplies in the event of non-payment of any energy ▇▇▇▇ on the due date or if any electrical installations pose safety hazards. The Landlord shall not be responsible for any losses arising in connection with or related to such disconnection. (d) If a dispute arises at any time during the term as to the accuracy of the energy meters, the Landlord (or the Tenant if so required by the Landlord) shall arrange to verify the accuracy of the meters. If the inaccuracy is not more than + 2.5% the party which disputes the accuracy shall bear the costs of such test. (e) For the purposes of this clause, the Tenant agrees to the arrangement that the Landlord shall read the energy meter every month or as often as the Landlord deems necessary. The Tenant also agrees that the billing under this clause shall be based on the actual meter reading for the month when the meter is read, and the billing for the successive two (2) months shall be an estimate calculated on the average monthly energy consumption. (f) If the inaccuracy exceeds + 2.5%, the Landlord shall be entitled to adjust and revise its bills in respect of the period when the trend of consumption reflects the inaccuracy (the "Subject Period"). The amount of each revised ▇▇▇▇ shall be based on the 3 months moving average prior to the Subject Period, and may additionally take into account any technical adjustments as the Landlord deems necessary. The amount of the revised ▇▇▇▇ shall be conclusive and binding on the Tenant. (g) The Tenant shall appoint a Licensed Electrical Worker for the design, alteration, addition of the entire electrical system (including the distribution board) and the maintenance of the whole installation, electrical installation within the Demised Premises. The Licensed Electrical Worker shall ensure the entire electrical installation is in accordance with Singapore Code of Practice (CP) 5, CP88 and relevant regulations. The Tenant taking electrical supply of 60 Amperes 3-Phase (45 KVA) and above shall engage their own Licensed Electrical Worker for the application of a licence for the operation of the electrical installation within the Demised Premises.

Appears in 1 contract

Sources: Lease Agreement