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OFFICE LEASING AGREEMENT

No : __________

The Office Leasing Agreement (“The Agreement”) is made on the date of ………………, by and
between:
PARTY A:
Name: NDETTY DANIEL KAAYA
Address: P. O. Box 320556, Dar es Salaam
Represented by: NDETTY DANIEL KAAYA
Position: Lessor
Identification Number: 19611023121050000114 (Herein referred to as the “Lessor”)

PARTY B: VIETTEL TANZANIA PLC


Number of incorporation certificate: 52674
Address: 10th Floor, Tanzanite Park, New Bagamoyo Road, P.O Box 34716 Dar es Salaam.
Tel:________________________________Fax:________________________________________
Taxpayer Identification Number: 104-967-116
Represented by: Mr. Nguyen Tien Dung.……..Position: Deputy Managing Director
(Herein referred to as the “Lessee”)
The Lessor and the Lessee are individually herein referred to as “Party” and collectively as
“Parties”.
THE PARTIES AGREE ON THE FOLLOWING TERMS AND CONDITIONS:
Article 1: Scope of the Agreement
The Lessor agrees to lease the following area, include: (the leased premise)
- Office 400 m2
- Housing 600 m2
- Gate House 6 m2
- Open Space 200 m2

(Herein referred to as ‘the Leased Premise”)


Located at: TABATA SEGEREA ILALA DAR ES SALAAM
With the following purposes:
(i) Using for office;
(ii) Using for housing;
(iii) Using for showroom
(iv) Using for storage of materials, equipment, goods and other purposes saved legal
business activities of the Lessee.

Article 2: Term of the Agreement

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2.1 The duration of this Agreement is 5 years but payment will be for one (1) year and comes
into force from the date of signing Hand-over Certificate of Leased Premise by the Parties.
(Party A and party B agreed the maximum time for the handover of the documents is one
Month starting from ………….
2.2 The Agreement will be automatically renewed according to the same terms and conditions if
neither party notifies other party of its intention to terminate the Agreement.
Article 3: Rental and mode and Schedule of payment
3.1 Rental
The rental is 1,420,000 Tsh /month (in words: One Million four hundred and twenty
thousands)
- The above said rental is included all taxes except VAT/fees regulated by the existing laws
arising from leasing excluding charges for using electricity, water supply, telephone,
security, rubbish collection... These charges shall be paid by the Lessee according to the
practical consumption. The Lessee is entitled to deduct withholding tax from the amount of
rent received under the current regulations to be submitted to the Competent Authority, the
lessor shall pay all taxes, charges and other obligations of the Lessor.
- The Rental will not be changed during the lease term. In case of changing the rental due to
renewal (if any), the revision does not exceed 10% of the current rental.
The Lessor shall provide the Lessee an invoice (applied if the Lessor is legal entity) and a
receipt (applied if the Lessor is a personel) for each payment made out to the Lessee’s
address with full information of the Lessor as as stipulated in Article 1.
3.2 Payment schedule
The payment will be done when party ‘A’ completes the handover of the Certificate of Leased
Premise.
Payment schedule Time of Payment
12 Months/Advance payment From 1/09/2020 to 31/08/2021
3.3 Payment mode
The payment will be made by bank transferring to the account of the Lessor as the following:
Payment Bank transfer Cheque
mode

Full name NDETTY DANIEL KAAYA

Beneficiary Bank NMB (BANK HOUSE)


Account
20102521062
number
SWIFT  
Article 4: Rights and obligations of the Lessor
The Lessor shall undertake:
4.1 To inspect the Leased Premise for each six month per time subject to prior consent of the
Lessee about the inspecting time.
4.2 To assures that he/she is the lawful owner of the Leased Premise and the Leased Premise is
not in the state of dispute or not be bound by any third party.
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4.3 To ensure the right of the Lessee to access to, occupy and use fully and separately
throughout the term of Agreement (as may be renewed). The Lessor shall notify the Lessee
in writing all details related to lease (for example: provide the Lessee the profile of the
building works (if any) as electricity, water, fire protection system, camera, etc).
4.4 To hand over the Leased Premise to the Lessee and other facilities in good and usable
conditions without any interference or interruption from either the Lessor or any third parties
to the legal producing and business activities of the Lessee.
4.5 To be responsible for repairing in time all the damages related to the construction structure
of the leased premise without the fault of the Lessee and compensating for any material and
physical health damages caused to the Lessee in case of collapses due to untimely repairing.
4.6 Shall not terminate this Agreement before its expired date.
4.7 To be responsible for paying all taxes / fees as prescribed by existing laws arising from the
lease
4.8 To comply with other terms of the Agreement
Article 5: Rights and Obligations of the Lessee
The Lessee shall undertake:
5.1. To use the Leased Premise in compliance with the leased purposes as set out in Article 1
without any intervention or disputes of the Lessor as well as a third party.
5.2. To pay the rental fully and in due time as set out in Article 3 from the effective date of the
Agreement.
5.3 To preserve and maintain all objects on leased premise, and is responsible for compensation
for damage or loss of equipment, property (if any) that caused by the Lessee.
5.4. To change or modify any structure, equipment and accessories that constructed, installed or
replaced by the Lessee during the term of the Agreement subject to prior consent of the
Lessor without any costs to the Lessor.
5.5 To fix, build partitions to fit the business and leased purposes on the basis of the consent of
the Lessor. The lessor will have to support the Lessee any necessary procedures for the
renovation, repair and other necessary legal procedures relating to the Leased Premise.
5.6 Within a maximum of 30 days after termination of the Agreement, the Lessee is responsible
for handing over the Leased Premise as the first status on leasing unless otherwise agreed.
Then the two sides will sign "Liquidation of Agreement".
5.7 To comply with other terms of the Agreement.
Article 6: Liquidated damages and termination of the Agreement
6.1 When a Party breaches the Agreement due to a default of a party (“Defaulting Party”) the
Non-defaulting Party shall send written notification to the Defaulting Party and requests to
recover any damages from such breaches no later than 15 days from the date of sending the
afore-said notification.
6.2 If the Defaulting Party fails to remedy the breach within the time limit specified in the
notification, the Non-defaulting Party may unilaterally terminate this Agreement and
recover its properties without any compensation for damages caused by this termination.
However, Defaulting Party must compensate all the damages caused by its violation.
6.3 Within 60 days before expiration of the Agreement, if either Party shall notify the other
Party about its desire not to renew the Agreement, the Agreement will be terminated on the
expiry date.

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6.4 If the Lessor unilaterally terminates the Agreement, the Lessor shall send written
notification to the Lessee no later than 6 months about the termination. In that case, the
Lessor shall compensate to the Lessee for all costs of reforming, repairing the leased
premise and an amount equivalent to six-month rental and refund the Lessee for the
advance-paid monthly rentals (if any).
Article 7: Dispute settlement
7.1 All disputes between the Parties in connection with the Agreement shall be settled by
friendly negotiation. In case the dispute cannot be resolved through negotiation under said
amicable arrangement, up on failure parties will prefer the matter to Arbitration.
7.2 In case of arising any disputes, the Agreement in English will be prevailed.
Article 8: General conditions
8.1 This Agreement is governed by the laws of Tanzania.
8.2 All alterations and amendments to this Agreement shall be made in writing by both Parties.
8.3 This Agreement shall be binding on and valid to concerning Parties as well as any successor
entitled of their rights and obligations as provided in the present Agreement.
8.4 This Agreement is made in four (04) originals with the same legal value. The Lessor shall
keep one (01) original; the Lessee shall keep three (03) originals.

SIGNED and DELIVERED at Dar es Salaam by


the said NDETTY DANIEL KAAYA
who is Known to me personally this…………………. ……………………
day of ………………………. 2020 LESSOR
BEFORE ME
Signature………………………………………………………
Name…………………………………………………………..
Address………………………………………………………..
Tittle……………………………………………………………

Signed and Sealed by Common Seal of


Viettel Tanzania Limited ……………
on this ……….day of…….…….…2020 LESEE
BEFORE ME
Signature………………………………………………………
Name…………………………………………………………..
Address………………………………………………………..
Tittle……………………………………………………………

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