18. Expiration of Service Term
In the event of expiration of the Service Term without any renewal of the Service Term under this Agreement or the expiration of the Renewed Service Term (if any) without any renewal, or this Agreement shall have been terminated for whatever reason, the Service Receiver shall move out, remove all its properties and dependants, vacate and return the Building from the date thereof. If the Service Receiver and its dependants fail to move out, vacate and return the Building within the said time and such failure causes the Service Provider any inability to take possession of the Building, the Service Receiver shall pay to the Service Provider any damages incurred and the penalty of 2 (Two) times the prevailing Service Fee under this Agreement, and the Service Receiver shall forfeit and the Service Provider shall be entitled to retain the Security Deposit given by the Service Receiver to the Service Provider under this Agreement and/or the Relating Agreement and to claim for any other damages
19. Relating Agreement
The parties agree that the Relating Agreement shall be automatically terminated upon the termination of this Agreement for whatever reason. The parties also agree that the Service Receiver’s breach of this Agreement shall be deemed as the Service Receiver’s breach of the Relating Agreement.
20. Indemnity
The Service Receiver shall indemnify the Service Provider and/or its agents from and against all actions, proceedings, demands, damages, expenses, collections of security, liabilities and claims whatsoever brought by other owners, tenants or occupants in the Industrial Land or by any third parties in respect of any liability caused by or arising from acts, omission, negligence or default of the Service Receiver or its employees, contractors, agents, licensees, guests or dependants.
21. Entire Agreement
This Agreement and the Schedules attached hereto constitute the entire agreement between the parties and supersede all previous verbal and written communications between the parties concerning the subject matter hereof.
22. Severability
Any provision in this Agreement which voids, is invalid or is not enforceable, shall be ineffective only to the extent of such void, invalid or unenforceable provision, without invalidating the remaining provisions.
23. Notice
Any notice or communication to be served to the other party shall be made to the respective address by registered mail to the address indicated in this Agreement or the address to be notified for the change of address (if any) under this Clause, which shall be deemed that the notice or communication has been sent to the other party properly. If any party changes the address indicated in this Agreement, such party shall notify in writing the new address to the other party within 15 days after the date of the change.
24. Governing Law
This Agreement shall be governed and interpreted under the laws of Thailand.
25. Schedule
Schedule 1 the “Utilities and Utility Fees”, Schedule 2 “Floor Plan of the Building”, and Schedule 3 “Building Maintenance Responsibility” attached hereto shall form an integral part of this Agreement.
IN WITNESS WHEREOF, the Service Provider and the Service Receiver have hereunto executed this Agreement in the presence of witnesses on the day, month and year first written above.
THE SERVICE PROVIDER
SME FACTORY COMPANY LIMITED
__________________________ ____________________
Thongchai Srisomburananonta Vivat Jiratikarnsakul
Director Director
_________________________
Suvanee Suwannajitr
Witness
THE SERVICE RECEIVER
MASPRO AMTECH CORPORATION LIMITED
______________________ _______________________
Mitsuru Yoshikawa
Director Witness