Article 12. Removal
12.1 Upon this Agreement is extinguished by any cause whatsoever and/or whatever reason either by the expiration of the Lease Term or this Agreement is terminated by the Owner or any party the Tenant and its subordinates and dependents must vacate the leased Premises and remove all the properties which do not belong to the Owner out of the Premises and surrender the Permises with legal formal delivery to the Owner in as good state and condition as it was in the beginning of the Term. Hereinabove within.
12.1.1 or before or no or upon the agreed date of the expiration date of the Term of the Lease under Article 5 hereinabove in case of no renewing or
1.2.1.2 seven day after the termination date of this Agreement under Aritcle 11 hereinabove and in the event of reasonable days but the latest day shall not be more than fifteen day after the termination sate of this Agreement under Article 11 hereinabove together with payments of the Rental and expenses until the actual removal.
If there occur any loss or damages whitch are not the destruction resulting from its ordinary or normal use the Tenant is fully liable for such loss or damages to make repayment to the Owner.
12.2 In the ebent that the period stated in Sub-calude 12.1 hereinabove has been elapsed and the Tenant odes not remove the properties out of the premises and surrender the Premises edt. The Owner besides other rights or remedies the Owner may hove is not and shall not be deprived of the right to resume posseddion of the Premises under the conditions that the Owner shall have the sole immediate rights and options at its sole discretion to do (by its employees and / or representatives) such as to lock up the leased Premises to cut off the electrical system and water supply in the Premised and forbid the use of one or any or all of the common area and common facilities of this Condominium including its sole right to change or cancel or terminate or destroy they keys for entering the leased Premises and any other method or process which the Owner shall try to take all kinds of its endeavor for either receiving the Tenant’s payments or using the right of reentry to the Premises together with the right of retention or Tien of such properties as a security against any or all payments due under all Agreements until such overdue payments are fully paid up to the Owner and tho Owner also shall have the sole right to remove all of persond and properties from the Premises and keep in the place where the Owner shall have the sole right to take possession of such properties upon one month elapsed or the Owner may sell by public auction or by any other means as the Owner deems it appropriate such as properties so retained in order to use the proceeds for any or all payments due All of expenses incurred from such doing shall be the responsibilities of the Tenant and the Tenant shall have no right to request for any compensation from the Owner
12.3 Upon resuming possession of the Premises and removing all properties as stipulated in hereinabove the Tenant hereby voluntarily and permanently consents accepts and agrees to all the conditions continuously there from without the right of nullification and further has the irrevocability to agree and guarantee that such consent consent shall by no means be withdrawn and also agree not to otherwise revoke or reserve the said consent at anytime In the event fo any or all of the actions as stated in the preceding hereinabove or in this context the Tenant shall not refer to those actions or claim or take legal action against the Owner in either civil or criminal lawsuit for wrongful acts and the Tenant hereby agrees that no claim for damages arising there from shall be made against the Owner The Tenant agrees that this Agreement constitutes the Tenant’s irrevocable written consent to the Owner and its employees to resume possession to remove to retain to hold lien and the entire Owner’s options as stipulated in the foregoing hereinabove It is also condidered the express consent of the Tenant to waive the Tenant’s claim or to file a lawsuit for the undertaking of the Owner as specified in the hereunder in whether civil or criminal cases.
12.4 The Tenant must pay compensation and penalty to the Owner at least not less than two times of all monthly payments agreed hereof as the Rental as stated in hereinabove and including the Service Fee for the number of days elapsed after the date of any extinguishment or any termination date until the date when the Premises are legal formally delivered and restored completely to be in the agreed upon conkitions and such compensation and penalty shall be calculated on the basis of the number of days elapsed and a 365 days year.
13 Miscellaneous Terms
13.1 The failure of either party to enforce any terms and conditions hereof shall not considered a waiver of that terms and conditions or the right of the party to thereafter enforce provision.
13.2 If any clauded terms and conditions herein are held void or will be adjusted invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law it shall ve deemed as the other validity part is severable from the part which is void and such avoid part shall not affect the validity part or any other clause which shall remain in full force and effect.
13.3 Both parties hereby agree that any document statement demand notification or other communication if delivered by the Lessor to the Lessee addressed to or affixed at / in front of the leased Premises or announced/ posted at this office unit shall be deemed to have come to the attention of the Lessee or to be duly served no matter whether the Lessee has personally received it.
13.4 Both parties hereto hereby agree that any dispute in accordance with this Agreement shall be proceeded at the Civil Court Bangkok as the place of jurisdiction regarding this Agreement.
1. The Service to the Leased Premises
Both parties hereto agree that no part of 6this Agreement is in contract’s form of hire of property neither movable property nor immovable property but both parties hereto hereby agree to make and execute this Agreement to be only in contract’s form of Hire of Work which is a contract whereby a person called the contractor agrees to accomplish a definite work for another person called the employer who agrees to pay the said contractor (as the Owner hereof) a remuneration (as the Service Fee hereof) for the result of the said work and all of the rights and duties under this Agreement as the Hire of Work contract which are and shall be under Section 578 to Section 607 Title VII Book III Spectific Contracts The civil and Commercial Code and all of the terms and conditions in either this Agreement or the Lease Agreement must be separately applied in all cases which come within the letter or the spirit of an of its provision of its each laws.
The Owner hereby agrees to accomplish and to provide th Dervices (as the said definite work) an / or the facilities (as the result of the said definite work or as the service of facilities hereinafter referred to as the Services and/or the Facilities as its case may be as stated in sub-clause 1.1- 1.6 herein below to the Tenant within the leased Premises (all of which are included in the monthly service fee hereof as stated herein below) as follows.
1.1 the Service of accomplishing the work of the full sets of furnished air-conditioning of water-cooled system to the said Premised to which the Owner shall be solely responsible for full instsllation of cool conduits and condensing unit including all of major repairing coused by normal and ordinary usage and minor maintenance and air-conditioning water-cooled expenses all of which shall be paid by the Owner so the Owner shall not collect any charges during the said agreed fixed period of the normal ordinary working hours when shall be approximately form 8.00 Am