the Tenant and/or its associated company Amber Securities Corporation and the occupier of the Premises
ZIASUN TECHNOLOGIES INC filed this 10SB12G/A on 12/16/1999.
INTRPRETATION AND MISCELLANEOUS(1) DEEMED ACTS OF TENANT Term hereby created, the Landlord shall be at liberty to transfer the Deposit to the assignee (hereinafter called "the New Landlord") and deliver to the Tenant For the purpose of this Agreement any act, default neglect or omission of any family members, guest, visitor, servant, agent, licensee or invitee of the Tenant and/or its associated company Amber Securities Corporation and the occupier of the Premises, where the Tenant is a corporation, shall be deemed to be the act, default, neglect or omission of the Tenant.(2) SERVICE OF NOTICES 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 registered off ice 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 delivered at the Landlord's registered office or residence in Hong Kong.(3) ACCEPTANCE OF PREMISES IN "AS IS" CONDITION The Tenant declares that it has duly inspected the Premises and agreed to take the Premises on an "as is" basis and the Landlord gives no warranty whatsoever of the state and condition of the Premises or the Building or any fixtures and fittings, installation and facilities relating thereto.(4) NO WARRANTY AS TO USER The Landlord shall have no objection to the purposes as stipulated in Clause 15, Section II hereof for which the Premises shall be used by the Tenant but the Landlord does not warrant that the Premises are fit for any particular purposes. The Tenant shall be responsible for obtaining any necessary permits from the appropriate Government authorities for the user of the Premises and shall at all times comply with all rules and regulations laid down by such authorities for giving such permits and the Tenant shall indemnify the Landlord from and against all proceedings actions fines damages claims and demands whatsoever which may arise as a result of the noncompliance by the Tenant of such rules and regulations or any of them. 23(5) STAMP DUTY AND COSTS Each party shall bear its own legal costs and disbursements in the preparation, completion and registration of this Agreement. The stamp duty payable on this Agreement and its counterpart and the registration fee (if any) theron shall be borne by the parties hereto in equal shares.(6) EXCLUSION OF WARRANTIES This Agreement sets out the full agreement between the parties. No other warranties or representations have been made or given relating to this tenancy or to the Building or the Premises, or if any warranty or representation has been made the same is hereby waived and/or is or will not be relied upon by either party.(7) INTERPRETATION (a) The headings and index herein 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. (b) In this Agreement unless the content otherwise requires, words herein importing the masculine feminine or neuter gender shall include the other or others of them and words herein in the singular shall include the plural and vice versa and the terms "Landlord" and "Tenant" shall include their respective successors in title and assigns.(8) CONDONATION NOT A WAIVER No condoning excusing 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 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 - 24 - done or omitted by the Landlord unless expressed in writing and signed by the Landlord. Any consent given by the Landlord shall operate as a consent only for the particular matter to which it relates; and in no way shall be considered as a waiver or release of any of the provisions hereof nor shall it be construed as dispensing with the necessity of obtaining the specific written consent of the Landlord in the future unless expressly so provided.(9) JOINT AND SEVERAL LIABILITY Where more than one person is named as the Tenant in 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. - 25 - THE FIRST SCHEDULE ABOVE REFERRED TO ------------------------------------ Name address and description of parties heretoLandlord: Hongkong Finance Property Company Limited whose registered office is situate at 12th Floor, First Pacific Bank Centre, No.51-57 Gloucester Road, Wanchai, Hong Kong.Tenant: MOMENTUM ASSOCIATES LIMITED whose registered office is situate at 17th floor, No. 53-55 Lockhart Road Wanchai, Hong Kong. THE SECOND SCHEDULE ABOVE REFERRED TO -------------------------------------PREMISES: ALL THAT Unit No. A on the 12th Floor of First Pacific Bank Centre, 56 Gloucester Road, Wanchai, Hong Kong erected on The Remaining Portion of Inland Lot No. 2818, The Remaining Portion of Section D of Inland Lot No. 2818, The Remaining Portion of Section F of Inland Lot No. 2817 and Section M of Inland Lot No. 2817. THE THIRD SCHEDULE ABOVE REFERRED TO ------------------------------------
|
