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EQUlNIX SINGAPORE PTE. LTD.
51 CUPPAGE ROAD
BY LOCAL URGENT MAIL
(Attention: LEE YOONG KIN):
OFFER OF TENANCY FOR FLATTED FACTORY SPACE
Pte Lot A0037000, Blk 20 (the Building) Unit #03-01 /02 /03 /04, AYER RAJAH CRESCENT AYER RAJAH INDUSTRIAL ESTATE SINGAPORE 139964 (the Premises) as delineated and edged in red on the plan attached to the Offer.
3 years (the Term) with effect from 1 December 2003 (the Commencement Date).
Upon due acceptance of the Offer in accordance with clause 2 of this letter, you shall have entered into a tenancy agreement with us (the Tenancy) and will be bound by the covenants, terms and conditions thereof.
In the event of any inconsistency or conflict between any covenant, term or condition of this letter and the Memorandum of Tenancy, the relevant covenant, term or condition in this letter shall prevail.
Approximately 1,450.30 square metres (subject to survey).
(Rent) to be paid without demand and in advance without deduction on the 1st day of each month of the year (i.e. 1st of January, February, March, etc.). The next payment shall be made on 01 January 2004.
$4.50 per square metre per month, (Service Charge) as charges for services rendered by us, payable without demand on the same date and in the same manner as the Rent, subject to our revision from time to time.
$0.008 per square metre per hour as charges for air-conditioning utility rendered by us, payable without demand on the same date and in the same manner as the Rent, subject to our revision from time to time in the same manner as the Service Charge.
You will at the time of acceptance of the Offer be required to place with us a deposit equivalent to 3 months Rent (at the discounted rate payable in the third year of the Term) and Service Charge PLUS the Air-conditioning Charge (Security Deposit) as security against any breach of the covenants, terms and conditions in the Tenancy.
The Security Deposit may be in the form of cash and/or acceptable Bankers Guarantee in the form attached (effective from 1 October 2003 to 28 February 2007) and/or such other form of security as we may in our absolute discretion permit or accept.
The Security Deposit must be maintained at the same sum throughout the Term and shall be repayable to you without interest or returned, to you for cancellation, after the termination of the Term (by expiry or otherwise) or expiry of the Bankers Guarantee, as the case may be, subject to appropriate deductions or payment to us for damages or other sums due under the Tenancy.
If the Rent at the discounted rate is increased to the normal rate or Service Charge is increased or any deductions are made from the Security Deposit, you are to immediately pay the amount of such increase or make good the deductions so that the Security Deposit shall at all times be equal to 3 months Rent and Service Charge PLUS the Air-conditioning Charge.
Except for the payment to be made with your letter of acceptance pursuant to paragraph 2 of this letter, which payment shall be by non-cash mode (eg cashiers order, cheque etc}, during the Term, you shall pay Rent, Service Charge and GST by Interbank GIRO or any other mode to be determined by us
[Note: Accordingly, you are to provide us with the duly completed GIRO authorization form enclosed herewith.
However, pending finalisation for the GIRO arrangement, you shall pay Rent, Service Charge and GST as they fall due by cheque].
The Tenancy is subject to approvals being obtained from the relevant government, and statutory authorities.
without prejudice to any other rights and remedies we may have against you under the Tenancy or at law.
You shall ensure that final inspection by us of all installations is carried out and our approval of the same is obtained before any operations in the Premises may be commenced.
You shall comply and ensure compliance with the following restrictions:
We shall not be liable for any loss or damage that you may suffer from any subsidence or cracking of the ground floor slabs and aprons of the Building.
A person who is not a party to the Tenancy shall have no right under the Contracts (Rights of Third Parties) Act (as amended or revised from time to time) to enforce any of its covenant, term or condition.
The Offer shall lapse if we do not receive the following by 30 September 2003:
As the Commencement Date will not be deferred, we advise you to accept the Offer as soon as possible and to collect the keys to the Premises on the scheduled date in order to maximize the Rent-Free Period referred to in clause 1.10(c) of this letter.
This letter and the Memorandum of Tenancy constitute the full terms and conditions governing the Offer and no terms or representation or otherwise, whether express or implied, shall form part of the Offer other than what is contained herein. Any variation, modification, amendment, deletion, addition or otherwise of the covenants, terms and conditions of the Offer shall not be enforceable unless agreed by both parties and reduced in writing by us.
Season parking tickets for car parking lots within the Estate can be purchased from the JTC Zone Office serving the Estate (Contact no. of the South Zone Office is:1800-66654628). Please note that the number of season parking ticket(s) that can be purchased by you will depend on eligibility rules set out by us.
Upon your acceptance of the covenants, terms and conditions of the Offer, you are advised to proceed expeditiously as follows:
Comply with the requirements of the Chief Engineer (Central Building Plan Unit), Pollution Control Department and/or other departments pursuant to your application/s for preliminary clearance. (Please note that we have referred your application to the relevant department/s).
Completed the attached Application for Permission to Discharge Trade Effluent into Public Sewer and return the application form direct to the Head, Pollution Control Department, Ministry of Environment, Environment Building, 40 Scotts Road, Singapore 228231 (Telephone No. 67327733).
Engage a registered electrical consultant or competent contractor to submit three sets of electrical single-line diagrams to and in accordance with the requirements of our Property Support Department (PSD), Customer Services Group, JTC East Zone Office for endorsement before an application is made to the Power Supply Pte Ltd to open an account for electricity connection. Please contact our Properly Support Department (PSD) at BIk 25 Kallang Avenue #05-01 Kallang Basin Industrial Estate Singapore 339416 direct for their requirements.
Submit four copies of sketch plans, prepared by a licensed plumber, showing the section and layout of the plumbing, to our Building Control Unit [BCU (JTC Corporation)] for approval prior to the issue of a letter to Water Conservation Department, Public Utilities Board to assist you in your application for a water sub-meter.
Apply direct to Singapore Telecommunications Ltd for all connections.
Engage a registered electrical consultant/professional engineer to submit two sets of fire alarm drawings, indicating the exiting fixtures if any, the proposed modifications of the fire alarm and the layout of machinery, etc to and in accordance with the requirements of our Building Control Unit; [BCU (JTC Corporation)]. Please contact our Building Control Unit [BCU (JTC Corporation)] at The JTC Summit, One-Stop Centre (1st level) 8 Jurong, Town Hall Road Singapore 609434 direct for further requirements.
Complete and return direct to Chief Inspector of Factories the attached form, Particulars to be submitted by occupiers or intending Occupiers of Factories.
/s/ Vanessa Loh
INDUSTRIAL DEVELOPMENT (HIGH-RISE) DEPARTMENT
INDUSTRIAL PARKS DEVELOPMENT GROUP
DID : 68833423
FAX : 68855899
29TH September 2003
Attn: Vanessa Loh
ACCEPTANCE OF OFFER OF TENANCY FOR THE PREMISES AT UNIT #03-01/02/03/04 BLK 20 AYER RAJAH CRESCENT AYER RAJAH CRESCENT AYER RAJAH INSTRUSTRIAL ESTATE SIGAPORE 139964
We refer to your letter of offer dated 19th September 2003 for the Tenancy and hereby confirm our acceptance of all the covenants, terms and conditions of the Offer.
We are currently opting to pay by GIRO, thus we enclosed herewith a cheque for the amount S$69,875.66 (inclusive of 1 months security deposit) as confirmation of acceptance.
/s/ Lee Yoong Kin
Name of authorized signatory: Lee Yoong Kin
Designation: Managing Director
for and on behalf of : EQUINIX SINGAPORE PTE LTD
in the presence of:
/s/ Tan Aye See
Name of Witness: Tan Aye See
NRIC No: S1548786J
Equinix Singapore Pte Ltd
20 Ayer Rajah Crescent #05-05/08 * Singapore * 139964
phone: 65 6723 8888 fax: 65 6820 2001 website: www.equinix.com