PREMISES USE AGREEMENT
OF THE ENGINEERING CENTENNIAL BUILDING
This Agreement is made at the Faculty of Engineering, Chulalongkorn University, on Date _____________by and between Faculty of Engineering, Chulalongkorn University (by Professor Dr. Bundhit Eua-arporn, Dean, appointed by the President), hereinafter referred to as “Faculty” of one part;
and Environmental Management and Sustainable Industry by Dr.Orathai Chavalparit, the authorized person, hereinafter referred to as “Applicant” of the other part.
Both Parties hereby agree as follows:-
1. Premises
The Faculty agrees to permit the Applicant to use an area in the Engineering Centennial Building, Floor 7, room 707, having a total working area of 100 (one hundred) square meters, as appeared in the Area Plan and The Premises Use Details, Appendix No.1, attached herewith (hereinafter referred to as “Premises”).
2. Objectives of Use
In making this Agreement, the Applicant desires to use the Premises as described in The Premises Use Details only.
3. Term of the Agreement
The term of this Agreement shall be 3 years commencing Date July 1, 2015 and ending on Date June 30, 2018.
4. Fee for the Use of Premises and Method of Payment
4.1 The Applicant shall pay fee for the use of Premises in an amount of Baht 15,000 (fifteen thousand baht) per month on a yearly basis by Date May 1 each year.
It is understood that the fee for the use of Premises hereunder herein shall be free of withholding taxes imposed by the tax authorities of Thailand.
Stamp duty as applicable to this Agreement and levied by Thai tax authorities shall be borne by the Applicant.
4.2 The Applicant shall make payment to the Finance and Procurement Office, Faculty of Engineering, Chulalongkorn University, or other place as stipulated by the Faculty or by any other method as permitted by the Faculty.
4.3 In case the Faculty of Engineering, Chulalongkorn University adjusts the fee for the use of Premise to a higher rate, the Applicant agrees to pay fee to a higher rate. In such event, the Faculty shall inform the Applicant in writing of the adjustment of the said fee in advance not less than 7 (seven) days.
5. Security
At the time of making this Agreement, the Applicant agrees to deposit to the Faculty a security for the Applicant’s performance under this Agreement in the amount of Baht 45,000 (forty five thousand) by Date July 1, 2015. If the Applicant fails to perform, or violates any provision of this Agreement, the Faculty shall be entitled to immediately demand compensation or any monetary debt by deducting the same from the said security sum. If such compensation or debt is in excess of the security sum, the Applicant shall make additional payment to the Faculty within 30 (thirty) days from the date of receiving a written notice from the Faculty.
If, for any reason, the above security sum reduces, the Faculty shall be entitled to demand the Applicant to recover the security sum up to its full amount as above stated within 30 (thirty) days from the date of receiving a written notice from the Faculty. The Faculty shall return the security sum to the Applicant (with no interest) within 90 (Ninety) days from the date the Applicant is released from the obligations under this Agreement and all other related agreements on the use of Premises.
6. Delivery of Premises
The Faculty shall deliver the Premises to the Applicant on Date July 1, 2015 so that the Applicant may enter into and decorate the Premises.
7. Decoration of Premises
7.1 The Applicant shall be entitled to enter into and carry out the decoration in the Premises only when its proposed decoration plan is given a written approval from the Faculty.
7.2 The Applicant warrants that the decoration of the Premises shall not cause any damage to the Engineering Centennial Building. The Applicant shall be solely liable if such damage occurs.
7.3 All decorations and/or alteration items which are fixed to the Premises and cannot be removed without causing damage to the Premises, component parts or accessories thereof, shall remain the property of the Applicant throughout the effective term of this Lease Agreement.
7.4 The Applicant shall pay fee for services of utilities in the Premises, as per actual usage biannually, within 30 (thirty) days from the date of receiving the invoice from the Faculty, as follows;
(a) Fee for electricity in the Premises – Baht 6 (Six) per unit;
(b) Fee for water supply in the Premises – Baht 16 (Sixteen) per unit;
(c) Fee for internet in the Premises – Baht 4,000 (Four thousand) per month;
In case the Metropolitan Electricity Authority, the Metropolitan Waterworks Authority, or a third party service provider, adjust the abovementioned utility fees to a higher rate, the Applicant agrees that the Faculty can adjust the utility fees to a higher rate pro-rate. In such event, the Faculty shall inform the Applicant in writing of the adjustment of the said utility fees in advance not less than 7 (seven) days.
7.5 The Applicant agrees to pay a telephone installation fee of Baht 3,000 (Three thousand) per number. The Applicant can apply for a number with TOT PLC. or TRUE Corporation PLC. under its own name with its own expense.
7.6 The fee for services of utilities in the Premises is exclusive of Thai Value 5Added Tax (VAT). To the extent that VAT is applicable to payments made to the Faculty hereunder, such VAT shall be payable by the Applicant in addition to the amounts due to the Faculty.
8. Alteration to Premises
After the Applicant has completed the decoration of the Premises pursuant to
Clause 7, the Applicant shall not alter, add, repair, change, remove, construct, or carry out any activities, whether in whole or in part, to the Premises, except the Faculty’s written approval is given and its prescribed conditions are observed.
9. Normal Working Days and Hours
Normal working days and hours of the Engineering Centennial Building are 08.00 AM to 05.00 PM, Mondays to Fridays (except public holidays). The Faculty may adjust the said working days and hours as it sees fit.
10. Applicant’s Obligations
10.1 The Applicant agrees to utilize and possess the Premises for the business operation pursuant to Clause 2 only. If the Applicant wishes to change or alter the said utilization otherwise, the Applicant must obtain a written approval from the Faculty prior to undertaking such change.
10.2 The Applicant shall not perform any act which will cause a change to electricity and lighting system, water supply system, security system, or any other system installed or provided in the building by the Faculty at the date of delivering the Premises.
10.3 The Applicant shall not perform, or allow to be performed by its agents or
employees, any act to the Premises and/or a common property in a way that is destructive, additive, or changing, modifying, or in a manner that may cause damage and/or disturbance, nuisance to the Faculty and/or other Applicants, or that is violating to any provision of laws, and shall not perform, or allow to be performed, any act in the Premises which will cause light, noise, smell, or any other things that may disturb other Applicants or is in a manner that may affect the building’s structure, weight capacity, architectural value, or external appearance.
10.4 The Applicant shall not reside, or allow anyone to reside, in the Premises, as well as not bring in, keep, or allow to be brought or kept in the Premises, any explosives, inflammables, dangerous and/or illegal things, including not allow any undertaking which is illegal or is against public good moral to be taken place in the Premises.
10.5 The Applicant shall at all times keep and repair the Premises to be in good conditions, as well as keep clean any properties in good and normal conditions, and shall procure a replacement of the same quality if the Premises deteriorates or is damaged beyond repair. If the Applicant does not repair the same to its good conditions within reasonable time, the Faculty shall be entitled to enter into and undertake such repair at the Applicant’s expense.
This abovementioned duty and obligation of the Applicant shall remain effective until the time of returning the Premises, in case the use agreement term expires or is terminated before its expiration.
10.6 The Applicant shall be responsible for water bills, electricity bills, and other utilities in the Premises from the date of accepting delivery of the Premises until the date of returning the Premises to the Faculty. If the Applicant has any unpaid abovementioned debts after returning the Premises and the Faculty or a new Applicant has paid the same on the Applicant’s behalf, the Faculty or the new Applicant shall be entitled to demand all monies paid from the Applicant, with the interest at the rate of 15% (Fifteen) per annum on the principal amount of the said debts commencing from the date of payment. The Applicant shall be responsible for water bills, electricity bills on quarterly basis.
10.7 For security reason, the Applicant shall not use electric appliances with total electrical load more than 25 (twenty five) Ampere, except the Faculty’s written approval is given and its prescribed conditions are observed.
10.8 The Applicant shall not install, or allow to be installed, tools, equipments, or machineries, as well as things of weight over 300 (Three hundred) kilograms per one square meter, without a prior written approval from the Faculty. The Faculty may specify the weight and the place to install a safe or any heavy items, as well as to specify that such item must be placed upon a base or supporting ground which can accommodate the weight as the Faculty sees fit.
10.9 The Applicant shall not place or install or allow any material, equipment, or a part thereof, to protrude ou