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Translation - Chinese IX. Construction method for key and difficult works
9.1 Key works
In the Project, the structural foundation works, such as concrete bored cast-in-place pile works, pipe rack foundation, oil tank ring wall foundation, etc., are the control works of the entire project, and also key works. The progress and quality will directly affect the overall construction period and normal running of main process units. Therefore, at the time of construction, the strict construction plan and site supervision and management measures shall be prepared. For construction method refer to the relevant contents in Chapter 8.
9.2 Difficult works
In the Project, many underground works will be executed; especially some involves the excavation of deep foundation pit, such as pipe rack foundation, concrete pool, water conservation pool, domestic sewage sedimentation tank, oil filter pool, etc. In addition, a large number of existing facilities and structures exist in the unit areas DA1&DA2, and the slope setting for side slope of deep foundation pit is restricted. So the deep foundation pit excavation is the difficult works of the Project, such negative factors as restriction of side slope, poor geological conditions, high groundwater level, rain water and so on will bring difficulties to the construction of underground works and result in the personal safety, and the relevant plan shall be made in advance.
The rainy season is extremely unfavorable for construction of underground works, in addition to the underground works above, a large number of underground pipe works are also restricted by the rainy season. Therefore, the proper deployment shall be made and the appropriate special measures shall be taken to ensure the smooth implementation of underground works, which is another difficulty of the Project.
9.2.1 Construction method of deep foundation pit
9.2.1.1 Foundation pit excavation and simple supporting
The shallow foundation pit not affected by peripheral equipment or structures will be excavated as per normal procedures; refer to clause 8.5.2 for excavation methods and precautions.
As for foundation pit with poor geological conditions, instable slope, limited slope setting, the temporary supporting scheme shall be taken promptly after excavation and in case of relatively shallow foundation pit. Generally, the base of slope of the foundation pit shall just be supported. Usually, the support with short-pile and diaphragm plate shall be adopted: the short wood pile shall be driven into the ground along the edge of foundation pit, partially buried and partially exposed; the retaining plate shall be nailed on the inside of the pile, and the filling and compaction shall be made in the back of the board, so as to make the slope stable.
9.2.1.2 Support with steel sheet pile for foundation pit
The excavation depth for some pipe rack foundation pits and oil tank foundation pits is up to 4-5m, which is also restricted by the topography, so the excavation of large-area gentle slope cannot be achieved. In local, the steel sheet pile shall be used for support, and then the vertical excavation shall be executed.
So, the quantity of foundation pits required to be supported by use of steel sheet pile is not so large, with total amount of sheet pile about 300m2; we plan to work with the local professional company, or rent the steel sheet piles and piling equipment from the locality.
The burial depth is 8m, the average excavating depth is 4m, the supporting length of the cantilever of the steel sheet pile is 4m, and no anchoring structure is arranged. As for pile driving equipment, the 50t crawler crane with diesel hammer pile driver shall be used.
As for pile driving mode, the mode of direct driving of single pile into ground shall be adopted, without guiding truss. The section construction can reduce the accumulated offset. The steel sheet pile does not form a closed chamber, and the specific interval shall be determined at the time of construction according to geological conditions.
9.2.1.3 Drainage of foundation pit
In order to draining the ground water and rain water, the open ditch shall be excavated around the edge of foundation base, the collecting well shall be arranged, and the diesel fuel pump shall be used to pump water without delay. The drainage ditch and collecting well shall be located outside the borderline of the concrete foundation, but the distance between the drainage ditch and base of slope shall not be less than 30cm, so at the time of excavation of foundation pit, the volume of expanded excavation shall be calculated in advance. The drainage ditch shall be lower than the foundation base by 30cm, the collecting well shall be lower than drainage ditch by 50cm, the width of the base of drainage ditch shall be 30cm, the longitudinal drainage slope gradient is 0.2%, the water flows towards the collecting well, as shown in the Fig.9.2.1.1. The pumping tap of the pump shall be placed into the collecting well, the water inlet shall be packed with strainer to prevent the sediment from entering into the pump, and the outlet of the pump shall be away from the pit to prevent the water pumped from seeping into the foundation pit.
When the soil layer required for excavation is composed of a variety of soil, and contains the sand soil with strong water permeability, in order to avoid erosion of side slope in the lower part of the foundation pit by the groundwater in the upper part to cause the landslides, the open ditch and corresponding collecting well can be added on the side slope of the foundation pit to intercept and remove the groundwater in the upper part respectively.
As for the foundation pit with large-area excavation, in case of abundant groundwater and construction in rainy season, due to long period of excavation for every layer, the drainage ditch and collecting well shall be arranged for every layer at the time of layer-by-layer excavation, thereby excavating while draining.
9.2.2 Measures for construction in rainy season
For measures for construction in rainy season, refer to section 10.10.
X. Quality assurance measures
10.1 Objective of quality assurance
In accordance with the established objective, we carry out the construction strictly in accordance with the technical requirements from the beginning to meet the necessary quality and safety requirements. Meanwhile, through continuous improvement during construction, we are turning into a highly competitive enterprise with assurance in the field of safety and quality.
The purpose for establishing the quality policy is to ensure that the construction process meets the specific requirements in the plan, including implementation of all planned target in case of limited funds, time and resources, and describe when and how to apply these policies according to the process document.
In order to meet the needs of the customer, we determine the following objectives in the quality plan of DA1&DA2 comprehensive civil works of RPLC deep processing project:
Carry out all activities related to the project within the planned time of implementation in line with the parameters specified in the inspection and test plans.
Through preventive measures and subsequent correction, avoid or reduce the appearance of incompliance with quality requirements in the project.
Through the implementation, development and control of the guidelines specified in the quality plans make the results of internal control and inspection of the work quality meet the relevant provisions and standards.
Keep and control all records produced in the project, comply with the guidelines COVENIN ISO 9,001:2008 (quality management system-guidelines for quality plans), PDVSA standards, and all working procedures and documentation procedures provided in the construction specifications, implement all key points described in the quality plans in a satisfactory manner, thereby satisfying the Employer.
10.2 Quality management organization structure
To ensure the realization of quality objective of the Project, the quality management leading group shall be established in the project department.
10.3 Quality assurance system
Quality assurance system is working based on scientific procedures; its basic working mode is the PDCA cycle management activities, which organically connects the quality in the operation and production process by 4 phases of planning, implementation, inspection and treatment, so as to form an efficient system to ensure the compliance of construction quality with the relevant requirements for quality of works.
10.4 Quality management certification
The certified ISO9001:2008 standards shall be implemented fully for the project quality management; the quality control personnel, who has obtained the Master Inspector Certificate of quality management system shall be arranged; the roles and responsibilities related to quality of works for various functional departments shall be seriously developed and implemented; procedure documents for quality management system shall be prepared; and the comprehensive quality management of the Project shall be achieved through full participation of personnel and overall process control.
10.5 Quality plan
In order to guarantee the implementation of DA1&DA2 comprehensive civil works of RPLC deep processing project on time with good quality, the quality plan is based on the guidelines established by the Employer, and meets the COVENIN ISO 9,001:2008 standards and PDVSA guidelines in line with its objectives of quality and processes.
The quality plan shall include:
（1） Quality policy and objectives, which will be published by the Owner of the Project and released on the brochure at the time of holding the training.
（2） The purpose of using the plan is to implement the documentation procedures and working procedures, as well as usage method of civil list and documents; the activities shall be carried out consistently, and the communication mechanism and actions shall be consistent.
（3） In order for effective implementation of quality plan during planning, operations and process control, the requirements in the quality plan shall not be lower than that in the standards, codes and other relevant documents.
Planned scope of works:
Planned scope of works: along with implementation of DA1&DA2 comprehensive civil works of RPLC deep processing project, the project shall be implemented according to description of construction and approved construction plans, including parameters in the detailed plan of project. This job includes but not limited to site preparation, foundation works, house-building works, HVAC works, and construction of initial projects and expected time for completion of works.
10.6 Index for QC procedure
In order to meet the quality requirements of the Project, the specific operation techniques and methods shall be adopted; the factors resulting in the disqualification and unsatisfactory effect in all stages of the quality loop shall be eliminated through the supervision of quality formation process.
Table10.6 Index for QC procedure
10.7 Quality inspection and test plan
The quality inspection and testing plan is the integrated plans and arrangements made by the enterprise for project quality inspection, and specifies the methods, resources and operations for various inspections in the form of document. The inspection plan plays a very important role for implementation and supervision of inspections and quality of reports, and compliance of project quality with relevant requirements. The contents of the quality inspection plan normally include: developing the inspection flowchart, developing the table of classification of severity of project quality defects, preparing the inspection instructions, determining the resource allocation plan, determining the personnel training and certification plan and other matters requiring special arrangements. In accordance with the construction plan, subcontractors shall submit the weekly, monthly and quarterly inspection and test plan for concrete, steel, gravel, cement, aggregate, finished and semi-finished products, as well as various test reports and quality record tables according to the quality requirements of PDVSA company. The next working process shall be carried out only after approval and signature from PDVSA and supervisor.
10.7.1 Inspection flow chart
The inspection flowchart is to present the inspection procedures, settings of inspection points, selected inspection methods and their mutual relationships in a graphical way, generally designed according to process flow chart.
10.7.2 Classification of severity of project quality defects
The degree of severity of project quality defects is different, and the impact on the project's suitability is also different. After classification, the key points can be determined, and handled specially at the time of determining the inspection plans and inspection resources. Therefore, the enterprises establish the principles for classification of severity of quality defects according to characteristics of industries and projects and by summing up the experiences continuously, thereby providing the basis of classification of severity of quality defects for specific projects. The implementation of classification of severity of project quality defects is favorable for effectively bringing the quality inspection function into full play and improving the comprehensive performance of quality management.
10.7.3 Inspection instructions
The inspection instructions are used to guide the inspectors to correctly implement the procedural documents of inspection, of which the purpose is to provide the specific guidance for the critical inspection activities. As for inspection activities in the quality control points, as well as inspection activities for new projects and without similar precedents in the past, the inspection instructions shall be prepared.
The basic contents of the inspection instructions shall include:
（1）Object for inspection. Name of items required for inspection, Drawing No. and process number on the inspection flow chart.
（2）Quality characteristics. Specified inspection items, quality characteristics required for identification, specifications, level of importance of quality characteristics, and level of severity of quality defects involved.
（3）Inspection method. Inspection benchmarks, inspection procedures and methods, relevant calculation methods used during inspection, inspection frequency, requirements for sampling inspection, data, etc.
（4）Inspection means. Tools, equipment and measuring instruments, their accuracy and precautions during use.
（5） Judgment of inspection. Clear understanding of judgment criteria, method of judgment and comparison, principles for judgment and precautions, handling procedures for unqualified matters and limits to authorities.
（6） Records and reports. Items requiring records, recording method and format of records table, contents requiring for report and method, reporting procedures and time requirements.
（7） For complicated inspection items, the necessary schematics shall be provided, and the relevant detail documents shall be provided.
English to Chinese: Real Estate Leasing Agreement Detailed field: Law: Contract(s)
Source text - English SECTION X
INTERPRETATION AND MISCELLANEOUS
10.1 Definition of Common Areas and Common Services and facilities
(a) The common areas referred to in this Agreement shall mean the following
(i) Such parts of thc Building as may be designated under the Deed (if any) in respect of the Building as common areas for use in common by the co-owners for the time being of the Building; and
(ii) Such other parts of the Building as may from time to time and at any time be so determined and/or designated by the Landlord and/or the manager of the Building as in their absolute discretion think fit:
(b) The common services and facilities referred to in this Agreement shall mean the following :
(i) Such services and facilities as may be designated under the Deed in respect of the Building as common services and facilities for the use in common by or benefit of the co-owners for the time being of the Building; and
(ii) Such other services and facilities within the Building as may from time to time and at any time be so determined and/or designated by the Landlord and/or the manager of the Building as in their absolute discretion think fit:
Provided always that the Landlord and/or the manager of the Building shall also have the full and unrestricted right and power from time to time and at any time without the same constituting an actual or constructive eviction of the Tenant and without incurring any liability to the Tenant therefor to designate redesignate reallocate and/or partition such part or parts of the common areas and/or the common services and facilities and (if any) the recreational areas and facilities on the Building for the use of any person or persons and at such charges (if any) as the Landlord and/or the manager of the Building may see fit and to erect install restrict and/or alter the arrangement and/or the location and/or the accessibility of the same (such as entrances passageways doors doorways corridors landings staircases lobbies lifts escalators toilets) and the Tenant shall not raise any objection thereto and shall not have any recourse or remedy in any manner whatsoever.
10.2 Landlord's Reservation of Rights
The Landlord reserves the right, exercisable at any time or times
(a) To install or erect at the entrances passages passageways doorways corridors landings staircases lobbies or other public parts of the Building, counters, showcases or light boxes and to change the arrangement and/or location of entrances passageways doors doorways corridors landings, staircases lobbies lifts escalators toilets or other public parts of the Building or any service or apparatus serving the Building;
(b) To change the user of any part of the Building for any other purposes (including but not limited to restaurant and/or retail purposes), renovate or refurbish the shopping area (if any) or office area (if any) or any part or any area of the Building and to change, alter, amend, Vary, add to and re-locate the layout of the shopping area (if any) or office area (if any) or any part or any area of the Building including but not limited to the external walls, entrance lobbies, staircases, landings, passages, corridors, toilets, lifts and escalators and to carry out works to effect such change of user, renovation, refurbishment, change, alteration, amendment, variation, addition and re-location and the Tenant shall not be entitled to object to the change of user, renovation, refurbishment, change, alteration, amendment, variation, addition, re-location or any works as aforesaid and shall have no right of action or claim for compensation whatsoever in connection with any matters arising from this Clause;
(c) To make or cause to be made any structural or non-structural alteration or improvement in or addition to entrances landings staircases driveways passages lobbies or any part of the Building in common use, without incurring any liability to make any payment to the Tenant on any account whatsoever.
(d) To enter into any supplement or modification of or to the SP Agreement or any new Agreement in place thereof with MTRC and with or without other person(s) on such terms and conditions as the Landlord may, in its absolute discretion, decide;
(e) To enter into any sub-deed of mutual covenant and management agreement, any further sub-sub-deed(s), supplemental deed(s), supplement agreement(s) and variation(s) and amendment(s) to the Deed with MTRC and with or without other person(s) on such terms and conditions as the landlord may, in its absolute discretion, decide; and
(f) To apply to vary and agree with the Director of Lands on the variations of the terms, conditions and covenants of the Government Lease or (as the case may be) Leases or other grant or grants under which the said Lot is held including variations and replacement of any plans attached thereto and variations of any of the boundaries of the sites of the said Lot on such terms and conditions as the Landlord may, in its absolute discretion, decide.
10.3 Name of the Building:
The Landlord reserves the right to name or to change or to consent to the change of the name of the Building or any part thereof with or to any such name or style as it may determine and at any time and from time to time to change, alter, substitute or abandon any such name(s) or style in its absolute discretion and without compensation to the Tenant and without the same constituting an actual or constructive eviction of the Tenant and without the landlord incurring any liability to the Tenant therefor whether for any loss, injury, damage，annoyance or inconvenience which the Tenant may suffer as a consequence of any change of name of the Building or any part thereof. The Landlord shall however give the Tenant, the Post Office and other relevant Government Authority(ies) reasonable notice of its intention to do as aforesaid or (as the ease may be) of the aforesaid naming or change of name(s).
10.4 Introduction of Rules and Regulations
The Landlord or its agents and/or the manager of the Building shall be entitled from time to time and by notice in writing to the Tenant to make adopt introduce and subsequently modify amend add delete or abolish such house rules and regulations as they may consider proper or necessary for the management and maintenance of the Premises and/or the Building. For the avoidance of doubt, and notwithstanding anything contained and provided in this Agreement the house rules and regulations in force from time to time shall, in case of conflict, prevail the provisions in this Agreement including the initial House Rules and Regulations set out in the Third Schedule hereto.
10.5 Service of Notices
Save as herein otherwise agreed and stipulated, any notice required to be served hereunder shall if to be served on the Tenant be sufficiently served if addressed to the Tenant and sent by prepaid post to or delivered at the Premises or the Tenant's last known place of business or registered office or residence in Hong Kong and if to be served on the Landlord shall be sufficiently served if addressed to the landlord and sent by prepaid post to or left at the landlord’s principal place of business in Hong Kong or the Landlord's correspondence address in Hong Kong or any other address which the Landlord may notify to the Tenant from time to time. A notice sent by prepaid post shall be deemed to be given at the time and date of posting.
10.6 No Fine
The Tenant expressly declares and acknowledges that no fine, premium, key money, construction money or other consideration has been paid by the Tenant or the Landlord for the grant of this Agreement.
10.7 Exclusion of Warranties
This Agreement sets out the full agreement reached between the parties and no other representations have been made or warranties given relating to the Landlord or the Tenant or the Building or the Premises and if any such representation or warranty has been made, given or implied the same is hereby waived. The Tenant hereby declares and confirms that it has duly inspected the Premises and is fully satisfied with the current state and condition of the Premises and the furnishings (if any) and finishes therein. The parties hereto agree that the Premises will be let to the Tenant by the Landlord in the state and condition as at the date of the signing of this Agreement and no warranty or representation whatsoever has been given or is made by the Landlord or its agents regarding the Premises and in particular but without prejudice to the generality of the foregoing, no warranty or representation is made by the Landlord or its agents regarding the state and condition of the Premises or the Building or the furnishings (if any) or the installations and appliances therein or the user thereof.
10.8 Special Conditions
The parties hereto hereby agree that they shall respectively be bound by and entitled to the benefit of the Special Conditions (if any) contained in the Second Schedule hereto as if the same form an integral part of this Agreement, and in the event of conflict between any of the Special Conditions and any of the provisions in the main body of this Agreement the former shall prevail.
10.9 Joint and Several Liability
Where more than one person is named as the Tenant in Part II of the First Schedule hereto all such persons shall sign this Agreement and shall be jointly and severally liable for the performance and observance of the terms, conditions and agreements contained herein and on the part of the Tenant to be performed and observed.
10.10 Genders and Plurals
In this Agreement unless the context otherwise requires words herein importing the masculine gender shall include the feminine and neuter genders, and vice versa and words herein in the singular shall include the plural and vice versa and references to persons include bodies corporate and unincorporate and the term "the Landlord" shall include its agents.
10.11 Headings and Index
The headings and index are intended for guidance only and do not form part of this Agreement nor shall any of the provisions of this Agreement be construed or interpreted by reference thereto or in any way affected or limited thereby.
10.12 Stamp Duty and Costs
(a) This Agreement is drafted and prepared by the landlord, and the Tenant hereby acknowledges that it has all along been fully aware of its right to take independent advice on this Agreement, its content, meanings and effect, its completion and signing and that prior to the signing hereof at least a copy of this Agreement in its draft form has been sent to it or made available for comment and/or agreement that the Tenant has thoroughly understood the content of this Agreement and agrees to be bound hereby at its own free will by the act of having this Agreement signed by it in case the Tenant is not legally represented hereon.
(b) Should the Tenant choose to be legally represented on the matter relating to this Agreement the Tenant shall bear and pay its own legal costs and such disbursement as may be charged by its solicitors hereof and incidental hereto, unless both the Landlord and Tenant are legally represented hereon by the same solicitors where the legal costs and disbursements of and incidental to the preparation, completion and signing of this Agreement shall be borne by the parties hereto in equal shares.
(c) Should the parties hereto be legally represented separately each party shall bear and pay its own legal costs and such disbursements as may be charged by its own solicitors hereof and incidental hereto.
(d) Notwithstanding and without affecting and limiting the generality of the provisions of sub-clauses (a), (b) and (c) hereinabove, the stamp duty and (if any) registration fee and other disbursements of the Landlord in connection with this Agreement and its counterpart shall be borne by the parties hereto in equal shares. Unless otherwise agreed the stamping and (if applicable) registration of this Agreement and its counterpart shall be done by or through the Landlord that upon demand by the Landlord, the Tenant shall forthwith pay to the landlord the Tenant's share of the stamp duty and registration fee aforesaid.
10.13 Each Provision Independent and Severable
Each and every part of the clause sub-clause term condition stipulation or provision in this Agreement, save and except otherwise specified, shall be construed as an independent and severable part of the clause, sub-clause term condition stipulation or provision in this Agreement. In the event that any part of the clause, sub-clause term condition stipulation or provision is found to be illegal invalid or unenforceable such part of the clause, sub-clause term condition stipulation or provision shall he deemed lo have been severed from this Agreement and shall not affect the validity and enforceability of the other part of the clause, sub-clause, term condition stipulation or provision and the other clauses sub-clauses terms conditions stipulations or provisions of this Agreement.
10.14 Early Termination on Redevelopment Etc.
If the Landlord shall resolve to sell or redevelop or demolish or re-build or refurbish or renovate the Premises, the Building or any part(s) thereof (which intention shall he sufficiently and conclusively evidenced by a copy of the Resolution of its Board of Directors and, in ease of the sale as aforesaid, of the sale contract certified by its Secretary or one of its Directors or a solicitor to be true and correct copy) then in any of such events the Landlord shall be entitled to give not less than six (6) months’ notice in writing to be given and to expire on any day of any calendar month to terminate this Agreement and immediately upon the expiration of such notice this Agreement shall notwithstanding any provisions to the contrary in this Agreement be terminated and the Tenant's right to occupy and remain in the Premises shall cease notwithstanding any rule of law or equity or any prior agreement(s) and the Tenant shall forthwith deliver up vacant possession of the Premises to the Landlord without any claim, costs or compensation whatsoever but without prejudice to the rights and remedies of the Landlord against the Tenant in respect of any antecedent claim or breach of any of the covenants restrictions stipulations or conditions herein contained. "Redevelopment” and/or "demolition” for the purposes of this Clause shall mean the redevelopment and or demolition of the Building wholly or a substantial part(s) (but not necessarily a major part) thereof whether or not including any main walls exterior walls or roof of the Premises and whether or not any part thereof is to be re-built or redeveloped or reconstructed in the same or any other manner, and "refurbishment" and or "renovation'' for the purposes of this Clause may or may not include redevelopment or demolition or rebuilding of the Building or any part thereof.
10.15 Time
The parties hereto agree that time shall in all respect be of the essence of this Agreement.
10.16 Representation
The parties hereto acknowledge that save where Mayer Brown JSM have acknowledged in writing to the Tenant that they also act for the Tenant in this matter Mayer Brown JSM, solicitors are acting only for the Landlord, although Mayer Brown JSM, solicitors may witness the execution of this Agreement by the Tenant and collect any sum mentioned in this Agreement from the Tenant.
10.17 Condonation Not a Waiver
No condoning, excusing, giving of time or overlooking by the Landlord of any default breach or non-observance or non-performance by the Tenant at any time or times of any of the Tenant’s agreements, stipulations, terms, conditions and obligations herein contained shall operate as a waiver of the Landlord's rights hereunder in respect of any continuing or subsequent default, breach or non-observance or non-performance or so as to defeat or affect in any way the rights and remedies of the Landlord hereunder in respect of any such continuing or subsequent default or breach and no waiver by the Landlord shall be inferred from or implied by anything done or omitted by the Landlord.
10.18 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the HKSAR and the parties hereto shall submit to the non-exclusive jurisdiction of the courts of the HKSAR..
IN WITNESS whereof this Agreement has been duly signed by the paities hereto the day and year first above written.
THE FIRST SCHEDULE
PART I (Parties)
THE LANDLORD
PART II
(Parties)
THE TENANT
PARI III
(Clause 1)
THE PREMISES
PART IV
(Clause 1)
TERM OF TENANCY
For the term of three (3) years commencing on the 1st day of June 2012 and expiring on the 31st day of May 2015 (both days inclusive).
PART V
(Clause I)
PARTICULARS OF RENT
The monthly rental for the Premises for the said term shall be HONG KONG DOLLARS NINE HUNDRED THIRTY EIGHT THOUSAND NINE HUNDRED AND SIXTY (HK$938,960.00) ONLY (exclusive of air-conditioning and management charges and rates and other outgoings, which are payable by the Tenant). The Tenant shall pay the air-conditioning and management charges, rates and other outgoings in respect of the Premises.
PART VI
(Clause 1, 2.2(a))
AIR-CONDITIONING AND MANAGEMENT CHARGES
The monthly air-conditioning and management charges (inclusive of provision of air-conditioning supply during the normal air-conditioning operating hours as specified in Part VIII of this Schedule) at the commencement of the said term shall be HK$73,623.00, which may be subject to revision during the said term.
PART VII
(Clause 9.1)
THE SAID DEPOSIT
rental deposit HK$2,816.880.00
air-conditioning and management charges deposit HK$220,869.00
rates HK$140,844.00
HK$3,178,593.00
PART VIII
(Clause 2.2(b))
NORMAL AIR-CONDITIONING OPERATING HOURS
08:00 a.m. to 20:00 p.m. on Mondays to Fridays and 08:00 a.m. to 14:00 p.m. on Saturdays but no air-conditioning shall be supplied on Sundays and Public Holidays Provided that the Landlord shall neither be liable to pay compensation to the Tenant in respect of any period during which due to circumstances beyond the control of the Landlord the proper operation of the air-conditioning plant shall be interrupted as a result of mechanical failure or need for repair or overhaul nor shall the Landlord be liable thereby to grant any abatement of rent in respect of such interruption. The Landlord and or the manager of the Building also reserve the right to vary the said hours in their absolute discretion deem appropriate or necessary from time to lime as the Tenant may be notified of in writing.
If the Tenant shall require air-conditioning to be provided by the Landlord outside the normal air-conditioning operating hours as aforesaid, the Landlord shall be entitled to charge for such supply which supply shall be subject to feasibility and prior reasonable notice of such request to the Landlord. Tentatively, any provision of the additional air-conditioning for the Office Accommodation outside the aforesaid supply hours will be charged at HK$0.022 per square foot gross per hour subject to a minimum consumption of 2 ours (subject to revision from time to lime). The Tenant shall pay the cost of the additional air-conditioning on receipt of the demand note therefor which may be rendered weekly or at such other intervals as the Landlord may decide.
THE SECOND SCHEDULE
SPECIAL CONDITIONS
1 Handover Condition
The Premises shall be delivered to the Tenant hereunder in a “bare shell" state and condition with the following and the Tenant shall reinstate the Premises to a "bare shell" state and condition and，in particular, reinstate the ceiling and the raised floor of the Premises to such state and condition to the satisfaction of the landlord upon expiry or earlier termination of this Agreement:
(a) Air-conditioning (VAV) system with a/c outlets in a standard layout;
(b) Automatic sprinkler system in a standard layout;
(c) Suspended ceiling grid and standard light fittings (without wiring) in a standard layout;
(d) Raised floor system; and
(e) Standard entrance door(s).
2 The Landlord's provisions
The Landlord's provisions in or to the Premises are specified in the Appendix attached hereto and are subject to the remarks as set out therein.
3 Landlord's right to Alteration Works etc.
The Tenant acknowledges that the Landlord shall have the right to carry out renovation and/or alteration and/or addition works within, outside and/or above the Building which may result in the making of noise and vibration and emission of dust and other substances and other forms of disturbance and that fitting out works will be carried out by the Landlord and/or other tenants (including but not limited to alteration works and mechanical and electrical works) which may cause inconvenience to the Tenant and that the Tenant hereby agrees that it shall not make any complaint and shall not be entitled to any abatement of rent or any claims/compensation of whatever nature against the Landlord, its agent(s) and/or the manager of the Building in relation to the said works.
4 Nominated Contractors
The Tenant shall use the Landlord's nominated contractor(s) for all approved works relating to or affecting the building services of the Building.
5 Rent free Period
(a) Notwithstanding anything herein contained, Subject to Special Condition 5(h) herein below, the Tenant shall ho entitled to rent-free period as follows:
From 1st June 2012 to 31st July 2012 (both days inclusive).
(b) The Tenant shall be entitled to the rent-free period on the condition that:
(i) The Tenant shall comply with observe and perform all the terms and conditions of this Agreement.
(ii) The Tenant shall pay all air-conditioning and management charges, rates and other outgoings payable hereunder by the Tenant during such rent- free period.
(iii) This Agreement shall be subsisting at the commencement and material time or the said rent-free period.
In the event that the Tenant shall fail to comply with observe or perform any terms or conditions of this Agreement, the Tenant's right to the aforesaid rent-free period shall immediately become null and void and the rent otherwise payable for such period shall, even if having been utilized, be recoverable by the Landlord from the Tenant thereafter without prejudice to the Landlord's other rights or remedies reserved hereunder..
6 Landlord's right to construct partition walls
The Tenant is fully aware that the Landlord is currently constructing the partition walls as outlined in Green on the Plan attached hereto so as to enclose the Premises ("the Work") at the Landlord's sole costs and expenses. In the event that the Work cannot be completed on or prior to the commencement of the tenancy hereunder, notwithstanding that vacant possession of the Premises will have been delivered to the Tenant and the tenancy hereunder will have commenced, the Tenant agrees to permit and cause to be permitted the Landlord and/or its agent and/or the manager of the Building and the workmen of the contractors appointed for the Work (collectively hereinafter called "the said Persons") (with materials used and tools) to enter into and remain upon the Premises for the sole-purpose of carrying out and completing the Work during the business hours of the Tenant or such alternative hours as the Landlord shall deem fit, and to give and cause to be given to the said Persons all possible co-operation and convenience as may be reasonably required to complete the Work smoothly.
(a) nothing said in this Special Condition 6 shall prejudice and affect the Tenant's duty in respect of the fitting-out of the Premises;
(b) the Tenant shall not make any claim against the said Persons or any of them for any compensation whatsoever or rent rebate (or reduction) as arising from or in connection with the Work; and
(c) the Tenant shall be solely responsible for the security and safe keeping of the Premises and (if any) the contents thereof during the duration of the Work, and shall not make any claim whatsoever against the said Persons or any of them for the loss, theft or damages of and to any of the contents of and in the Premises.
THE THIRD SCHEDULE
RULES AND REGULATIONS
1 All blinds and/or curtains used within the Premises shall conform externally to a standard colour and design and such blinds and/or curtains shall be approved by the Landlord so as to preserve a uniform external appearance.
2 Plumbing fixtures shall be used only for the purposes for which they were constructed. No sweepings rubbish rags or other alien substances shall he deposited therein. All costs for making good damage resulting from any misuse of the plumbing fixtures shall be borne by tenant.
3 No tenant shall drill into or in any way deface any part of the Premises or the Building. No drilling shall be permitted save with prior written approval of the Landlord and as the Landlord may direct.
4 Save with prior written consent of the Landlord, which consent will not normally be granted, no flagpoles or aerials shall be erected and no flags shall be flown from windows or elsewhere in or upon the Building.
5 Each tenant must upon the termination of his tenancy restore to the Landlord all keys of offices and toilet rooms used by such tenant.
6 All removals or the carrying in or out of furniture or bulky matter of any description must take place after office hours and during the hours which the Landlord or his agent may determine from time to time. The Landlord reserves the right to exclude goods from the Building which violate any of these Rules and Regulations or the Agreement of which these Rules and Regulations are a part.
7 No tenant nor any of the tenant's servants employees agents visitors or licensees shall bring into any passenger lift in the Building any goods effects chattels luggage bulky parcels food trays tiffin carriers or other space-occupying items and the tenant shall ensure that such items are restricted to the designated lift.
8 No tenant shall do or permit to be done in the Premises or any part thereof any act which shall or might subject the Landlord to any liability or responsibility for injury to any person or to property.
9 Windows shall remain closed locked save in emergency such as fire or breakdown of the air-conditioning system and the reasonable extent necessary to enable the tenant to clean the same.
10 Canvassing and peddling in the Building is prohibited and each tenant shall co-operate to prevent the same.
11 Save with the prior written consent of the Landlord, which consent will not normally be granted, no cooking nor preparation of food shall be permitted by any tenant in the Premises.
12 No tenant shall cause or permit any noise which is or may be a nuisance or annoyance to the occupants of other portions of the Building.
13 The tenant shall not install in the Premises any partitioning other than that supplied or approved by the Landlord. No animals or pets to be kept in the Premises.
15 No tenant shall allow its fitting out contractors to carry out any drilling or other works which may create excessive noise from the Premises during normal office hours such noisy work should only be carried out after office hours with the permission of the Building Superintendent.
16 No tenant shall permit any unusual or objectionable odours or smell which may cause irritation to people in the Building to be produced upon or permeated from the Premises either as a result or cooking or decoration work within the Premises.
APPENDIX
The Landlord's provisions shall be determined by the Landlord, in its absolute discretion, and shall be provided in the Premises as per checklist to be provided by the Landlord to the Tenant upon the handover of the Premises.
Remarks:
1 The landlord's provisions are suitable for electrical installation rated at normal electrical load as adopted by common design practice. Any extra requirement shall be subject to further assessment and if the original provisions are not suitable in any particular ease, the Tenant's fitting out works have to be extended to include all works associated with installation of individual power feeder from main switch room to the Premises.
2 Due to site restriction and building services design, some building services ductworks and/or pipeworks which are not exclusively for the Premises must run inside the Premises and the Landlord reserves the right of entry into the Premises for future inspection and maintenance of such ductworks and/or pipeworks.
3 The Tenant has to apply for its own electricity meter, water meter, gas meter, telephone service, Cable TV service and flight information display service.
4 Life safety equipment may be provided inside the Premises to meet Fire Service Department's requirements, including fire shutters, smoke detectors, compartmentalization by-pass, lobbies and local smoke extraction ducts and outlets. The Tenant agrees that the Tenant shall at all times undertake not to do anything to obstruct the operation of such provisions, to keep clear access route to such provisions, to allow the Landlord to maintain such provisions and not to alter any part of such provisions unless with the prior written consent of the Landlord and the Fire Service Department.
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