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Amended - SBM - MF MIN FENG TRADING License Agreement HM (000001)
Amended - SBM - MF MIN FENG TRADING License Agreement HM (000001)
With reference to the above, we are pleased to confirm your promotion at MYDIN Seremban subject
to standard terms and conditions stated herein: -
1. LICENSEE’S DETAILS
2. LICENSED AREA
The part of the promotion lot, located at 2 nd Floor measuring approximately 60 sq. ft. as
demarcated in Appendix 2 (Layout)
Lot 675 & 676, Persiaran Subang Permai, Usj 1 47500 Subang Jaya, Selangor Darul Ehsan
Tel: 03-8073 6000 Fax: 03-80238059
3. APPROVED USAGE
The Licensed Area shall strictly be used by the Licensee to carry out the “Operating Kiddie Rides”
BY MF MIN FENG TRADING (UT0030629-D) ONLY.
4.1 To allow the Licensee to peacefully enjoy the Licensed Area during the Agreement
without any interruption from the Licensor.
4.2 To permit the Licensee’s customers to freely access to the Licensed Area for purpose
as stated under Clause 3 in this Agreement.
4.3 At all times throughout the subsistence of this Agreement to keep the Licensed Area in
tenantable condition.
5.1 To use the Licensed Area strictly for the purpose as stated under Clause 3 in this
Agreement.
5.2 At all times throughout the subsistence of this Agreement to keep the Licensed Area in
good condition.
5.3 At all times throughout the subsistence of this Agreement and at the entire own cost
and expense of the Licensee, to comply and abide with all laws and regulations whatsoever as
regulating by any Authorities from time to time.
5.4 To be liable for and hereby irrevocably undertakes to indemnify and hold the Licensor
safe and harmless from and against any claims, proceedings, actions, fines and/or penalties
whatsoever which may be brought or levied against the Licensor due to any breach and/or
negligence on the part of the Licensee.
5.5 At all times throughout the subsistence of this Agreement are required to strictly
adhere to the Exhibitions/Promotions Terms and Conditions hereby attached in Appendix 1,
failing which the Licensor reserve the right to cease the said promotion/exhibition immediately.
In such event, the Licensor shall not be liable for any cost or damages incurred by the Licensee.
6. LICENSE PERIOD
The license for the Licensed Area granted herein (“License”) shall be for a period of ONE (1) Year
commencing from 01/05/2019 and expiring on 30/04/2020 in accordance with the following:-
The total payment of RM1,100.00 must be made payable to ‘Mydin Mohamed Holdings Berhad’
latest by 20th April 2019.
8. ELECTRICITY CHARGES
9. TERMINATION
9.1 The Licensee shall not be entitled to terminate or attempt to terminate this Agreement before
the expiration of the License Period without the prior written consent of the Licensor.
9.2 Notwithstanding anything contained in this Agreement, the Licensor may forthwith terminate
this Agreement with immediate effect without giving any written notice to the Licensee and
forfeit all deposits paid by the Licensee whereupon the Licensee shall quietly yield up and
redeliver vacant possession of the Licensed Area to the Licensor in accordance with Clause 9.3
below, if :-
9.2.1 The Licensee are in breach of any clauses and/or commits a material breach under
this Agreement and fail to rectify and remedy such breach within seven (7) days from
the date of its receipt of a written notice requiring it to do so;
9.2.2 law, by-laws, regulations, guidelines, rules, policy, instructions, notices and/or
directions imposed/issued by the appropriate Authority; and/or
9.2.3 any other reason as it deems fit.
9.3 On or before the expiration of the License Period or earlier termination thereof, the Licensee
shall remove from the Licensed Area all fixtures, fittings, and chattels brought onto the
Licensed Area by or for the use of the Licensee at its own cost and expense. The Licensee shall
deliver and yield up the Licensed Area to the Licensor in “as is where is “condition.
10. INDEMNITY
10.1 The Licensee agrees to indemnify, defend and hold harmless the Licensor and its Affiliates,
and their directors, officers, employees, agents, successors and assigns from and against all
liabilities, losses, damages, and costs (including reasonable attorneys’ fees / legal fees)
(collectively “Losses”) the Licensor may suffer as the result of third party claims, demands,
actions, fines, penalties, suits or judgments against them resulting from or arising out of :-
(a) failure by the Licensee to comply to applicable laws in connection with the exercise of any of
its rights or the performance of any of its obligations hereunder;
(b) negligence, recklessness or willful misconduct on the part of the Licensee; and/or
10.2 In no event shall the Licensor be liable for any indirect or consequential claims, damages,
losses or liabilities.
11. DISPUTES
All disputes and/or differences under this Agreement shall first be settled amicably by way of
discussion between the Parties. In the event that such amicable settlement shall failed to be
achieved, the parties shall have the right to refer any disputes and/or differences arising from and/or
in connection with this Agreement hereby created to the courts in Malaysia.
This Agreement shall be construed in all aspects and for all purposes in accordance with the laws of
Malaysia.
The Licensee shall be responsible for and shall pay all duty stamp payable on or in relation to this
Agreement.
14. WARRANTIES AND REPRESENTATIVES
Each party represents and warrants to the other party that it has the power to enter into and
perform its obligations under this Agreement and that it has taken all necessary action to authorize
the entry into and performance of its obligations under this Agreement and its execution of this
Agreement has been duly authorized.
15. NO VARIATION
No variation to this Agreement shall be effective unless it is mutually agreed upon by the Parties in
writing. This Agreement represents the entire understanding between the Parties in relation to the
subject matter hereof.
This Agreement together with the rights and obligations hereunder may not be assigned, or
transferred without the prior written consent of the other party.
Both parties agrees that it shall not only utilize the personal data in furtherance of the terms, clauses
and conditions of this Agreement and shall at all times comply with the Personal Data Protection Act
2010 (including all amendments thereto) and the principles set out therein in relation to storing and
processing personal data.
18. COUNTERPARTS
This Agreement including the Schedule, the Special Condition (if any) and all the other annexures and
appendices (if any) attached hereto constitute the entire agreement between the Parties with respect
to the matters contained herein, supersedes any and all previous agreements and understanding
whatsoever between the Parties with respect to such matters and the Parties hereby expressly
declare that they have entered into this Agreement in reliance upon the representations and mutual
undertakings contained herein and not in reliance upon any oral or written representations or
information whatsoever provided to one Party by the other or his representatives which is not
referenced herein.
The attached Schedule and the Special Conditions (if any) shall be taken read and construed as part of
this Agreement and in the event of such discrepancy or inconsistency in such terms and/or conditions
whatsoever as contained in the main body of this Agreement and those as contained in the Special
Conditions attached hereto, it is then hereby expressly agreed between the Parties that those as
contained in the Special Conditions shall prevail.
Kindly confirm your acceptance of our offer by signing on this contract latest by 25th April 2019.
Should you require any further clarification, please do not hesitate to contact the undersigned.
Thank you.
Yours faithfully,
For and on behalf of
MYDIN MOHAMED HOLDINGS BHD
…………………………………………………………………..
MOHAMMAD FAKHRURAZI BIN ABDULLAH
SENIOR EXECUTIVE
I/ We, expressly confirm that I/ MF MIN FENG TRADING, hereby accept and agree to all of the above
terms and conditions as stated in the Licensor’s letter reference no. SBM/PS.LA.00001.2019/MF as
well as the terms and conditions as spelt out in Appendix and/or Appendices attached to the hereto.
I/ We hereby enclosed herewith our payment made payable to MYDIN Mohamed Holdings Berhad
(Alliance Islamic Bank Berhad ; Account No :6408 7001 0018 621) in the total sum of RM 1,100.00
……………………………………………………………….
Authorised Signatory & Company Stamp
Name :
Date :
Designation :
Appendix 2 (Layout)
MF MIN FENG
TRADING
Lot 675 & 676, Persiaran Subang Permai, Usj 1 47500 Subang Jaya, Selangor Darul Ehsan
Tel: 03-8073 6000 Fax: 03-80238059