This agreement is made on the 1st day of December 2015, between Mr. David Kin Hsu with an address at 185/287 Rajadamri Road, Lumpini, Pathumwan, Bangkok 10330 the owner of unit 3001 (185/287) located at 185 Rajadamri hereafter known as the Landlord.
And Ophir Asia Services Limited, with an address at No. 1, Q House Lumpini, 28th Floor, Unit 2802, South Sathorn Road, Tungmahamek, Sathorn, Bangkok 10120, hereafter known as the Tenant.
1. It is hereby agreed as follows:
a) The Landlord agrees to let and the Tenant agrees to rent the condominium, furnishing, structure and ground (hereafter called the Premises) situated at 185 Rajadamri unit no. 3001 (185/287) on 30th floor, area approximately of 200 square meters. The monthly rental rate shall be as follows: unit, structure and ground rental Baht 110,000 (Baht One Hundred Ten Thousand Only) and rental of furniture, appliances, fixtures, belongings, household items in the Premises as per attachment of rental Baht 110,000 (Baht One Hundred Ten Thousand Only).
(b) The lease period under this agreement shall be 2 (Two) Years commencing on the 4th day of December 2015, and ending on the 3rd day of December 2017, subject to the terms below and subject to renewal on terms and conditions mutually agreeable to both parties.
2. The Tenant agrees as follows:
(a) To pay the Landlord a security deposit equivalent to 2 (Two) Months of rental payment or equal to Baht 440,000 (Baht Four Hundred Forty Thousand Only), which will be returned to the Tenant without interest upon the termination of this agreement (30 days after termination and AFTER all utilities bills have been cleared). However, should any damages other than normal wear and tear have been caused to the Premises by the Tenant, the Landlord shall be entitled to retain all or any part of this sum depending on the extent of the damages or the payment incurred and pay the balance to the Tenant. The Tenant shall not deduct the monthly rental from this security deposit.
(b) To pay the Landlord the monthly rental payment of Baht 220,000 (Baht Two Hundred Twenty Thousand Only) for the Premises in advance within the 4th of every calendar month commencing from December 2015 and no later than the 9th of each calendar month. Late charge at the rate of 2% per month will be applied on the outstanding amount until the payment is paid in full.
(c) To maintain the Premises in a good state, keep the interior in a clean and habitable condition and exercise reasonable care in keeping the grounds tidy and attractive.
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(d) To assume liability for costs incurred for damage to the Premises negligently or intentionally caused by the Tenant, his family or employees, or persons staying with the Tenant.
(e) To permit the Landlord or his/her authorized agent to enter and inspect the Premises and to affect repairs and renovations at reasonable times agreed between the Landlord and the Tenant.
And during the last 30 (Thirty) Days of the lease period, with 1 (One) Day advance notice, the Tenant shall permit the Landlord or his/her authorized agent to show the Premises to prospective tenants or buyers at reasonable times agreed between the Landlord and the Tenant.
(f) Not to make any alteration or addition to the Premises without prior written consent from the Landlord. Any fixtures, fittings, hanging items of household decoration which are not of a permanent nature and which have been installed by the Tenant during the term of this agreement shall be removed by the Tenant at the termination of this agreement, and return to its original condition.
(g) Not to assign or sublet the Premises or any part thereof without the written consent of the Landlord.
(h) Not to do or permit to be done on the Premises anything that may be or may become a nuisance or annoyance, or that may interfere with the quiet enjoyment of neighboring premises and to act according to 185 Rajadamri’s Condominium regulations.
(i) To pay all bills relating to the rent of the Premises, including electricity, water, telephone and maid cleaning.
(j) To return all keys and access cards of the Premises (as specified in Exhibit II) to the Landlord at the termination of this agreement. The Tenant is responsible for any lost keys and access cards.
(k) To use the Premises for dwelling purposes only.
(l) Not to keep any materials of a dangerous, combustible or explosive nature, or any illegal substances or narcotics in the Premises. The Tenant shall not permit or use any part of the Premises for any illegal purpose.
(m) To pay the rent as specified in Clause 2(b). If the Tenant fails to pay the rental 1 (One) Month after it is due, this will be considered a breach of contract.
(n) Pets are not allowed in the Premises.
(o) To handover the Premises to the Landlord in a clean and habitable condition at the end of this agreement.
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(p) To be responsible for all minor repairs and replacement of parts and routine maintenance of the Premises not exceeding Baht 1,000 (Baht One Thousand Only) per repair per item. If such expenditure exceeds Baht 1,000 per repair per item, the Landlord will be responsible to pay the amount in excess of Baht 1,000.
In the case of emergency or if the Landlord delays in making any repairs hereunder for more than 7 (Seven) Days after notice from the Tenant, the Tenant may submit quotation for the repair, if receive no response within 2 (Two) Days, the Tenant may have repairs made and the Landlord shall immediately reimburse the Tenant for the cost of same as justified by actual receipts upon demand LESS the Baht 1,000 deductible.
Repairs due to faulty or incomplete workmanship of original construction and any acts of God are the entire responsibility of the Landlord without any deductible.
3. The Landlord agrees as follows:
(a) To confirm that the Landlord is the sole owner of the Premises and has the right, without any restriction, to let the Premises. It is further agreed that the Landlord will fully inform the Tenant of any person to whom he may propose to sell or trade the Premises during the term of this agreement, provided that there be no changes on the provisions and conditions of this agreement.
(b) To ensure that on commencement of this agreement, the Premises shall be in a clean and habitable condition.
(c) To allow the Tenant to peacefully hold and enjoy the Premises during the period of this agreement, provided that the Tenant duly pays the monthly rental and observes the conditions of this agreement.
(d) To pay all land taxes and other taxes levied on the Premises.
(e) To pay maintenance fee of the Premises to be imposed by law or by 185 Rajadamri’s Office of Juristic Person.
(f) To provide pest control service (as required) and air conditioner maintenance (once every 6 months)
4. It is also agreed between the Landlord and the Tenant as follows:
(a) If the Tenant terminates this agreement before its expiration, without the default by the Landlord, the security deposit shall be withheld by the Landlord as a penalty.
(b) The Tenant shall have an option to renew this agreement on the terms mutually agreed by both parties, which option may be exercised by written notice to the Landlord no later than 30 (Thirty) Days prior to the expiration of this agreement.
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(c) In the event of the Premises being destroyed or made uninhabitable, this agreement shall immediately become terminated.
(d) The lease period is fixed as stipulated above. HOWEVER, after 12 (Twelve) Months from commencing date, should Mr. Andrew Brown is to be reassigned outside of Thailand due to any reasons regarding his career or profession, the Tenant shall have the right to terminate this agreement by providing a 30 day-written-notice in advance to the Landlord, together with supporting official document from his employer that the relocation is required for work. The security deposit shall be returned to the Tenant in accordance with Clause 2(a) of this agreement. If the Tenant fails to provide the Landlord with the required notification period, the Landlord shall be entitled to withhold the entire security deposit as a penalty.