ORIGINAL CENTURY SUPPLIES SDN BHD «sss - » Unit 705, Block A, Phileo Damansara 2, No.15 Jalan 16/11, 46350 Petaling Jayo, Selangor, Tel :03-7931 6955 / 03-7665 3758 Email: csupplfessb@gmall.com LOA Ref: CSSBIRE-LSS2/DTULOAWC/2021.015 Date: 8 October 2021 Wahida Construction No.466, Jalan Satria 19 Taman Serom Utama, Sungai Mati, 04470, Ledang, Johor. M: 012-299 4388 Email: wahidaconstruction@gmail.com Attn: Zanna Binti Zameri (Manager) Dear Sir, CADANGAN PEMASANGAN SISTEM SOLAR TERAPUNG (60MWac) DAN BILIK ELEKTRIK SEPARA KEKAL DI TASIK DANAU TOK UBAN, JAJAHAN PASIR MAS, KELANTAN. (hereinafter referred to as ‘the Project’) SITE: DANAU TOK UBAN, KELANTAN Anchor And Mooring Line (Balance Of the Work) (The Step-In Work) (hereinafter referred to as the ‘Sub-Contract Works’) Letter of Acceptance (hereinafter referred to as ‘LOA’) Century Supplies Sdn Bhd (Company Registration No.: 20090120567) (hereinafter referred to as ‘the Client or Employer’) is pleased to award the Sub-Coniract Works to Wahida Construction (Business Registration No.: 201103233343) (hereinafter referred to as ‘the Sub-Contractor’) to carry out the Sub-Contract Works subject to the terms and conditions hereinafter appearing: 1.0 SUB-CONTRACT SUM 1.1 The Sub-Contract Sum shall be in the amount of Ringgit Malaysia: and is subject to the final measurements of the actual work done 2.0 PERFORMANCE BOND / GUARANTEE. 24 The Sub-Contractor shall provide an irrevocable and assignable bank guarantee in the format approved by the Client or Employer ata maximum of 5% of the Sub- Coniract Sur forthe emount cquiciont OEMs = sory er your doo performance of the works under the LOA, failing which the Client or Employer shall hold cash in lieu for a sum equivalent MMMM as security for the due Page 1 of 16LOARef CSSBIRE-LSS2/DTULOAWC/2021-015 Date 22 23 24 3.0 34 32 8 October 2021 performance of the Sub-Contractor under this LOA in lieu of the bank guarantee. The Bank Guarantee shall remain valid for the duration of Contract Period plus 12 months of the Defect Liability Period up to the issuance of Cerificate of Making Good Defects (CMGD) and the same shall remain valid, by extension if necessary. The bank guarantee shall be provided within fourteen (14) days from the date of acceptance of this LOA Notwithstanding anything contain in this LOA, if the Sub-Contractor fails to perform any of his obligations under this LOA and such failure is not remedied in accordance with this LOA, the Client or Employer shall be entitled to call upon the performance bond in full to make good the cost of performing the obligations under the LOA. For avoidance of doubt, your refusal, failure and/or neglect to (i) provide the bank guarantee or (ji) to keep the such bank guarantee valid or (ii) to remit the payment in lieu of the bank guarantee shall be a material breach of condition under the LOA and the Client or Employer shall be entitled to amongst others to immediately terminate this LOA and claim against the Sub-Contractor all costs suffered by the Client or Employer as a result of such breach. The Performance Bond may be released or refunded to. the Sub-Contractor (subject to Sub-Clause 2.1 and 2.2 above) on the completion of making good of all defects, shrinkages or other faults which may appear prior to the issuance of Completion of Making Good Defects (CMGD). Nonetheless, the Sub-Contractor shall fourteen (14) days prior to the expiry of the Bank Guarantee provide to the Client or Employer in the approved format a valid renewed / extended Bank Guarantee in accordance with the Contract. Failure to do so, the Client or Employer shall have the absolute right to eneash the Performance Bond, without further notice to the Sub-Contractor. ADVANCE PAYMENT The Sub-Contractor shall be entitled to an advance payment amounting to 15% of the value of the Sub-Contract Sum amounting to IN subject to the Sub- Contractor's compliance with the following conditions: i that the notice to start ('NTS') be signed by the Sub-Contractor; and i, that the Advance Payment Bond in the form of the Director's Guarantee approved by the Client or Employer equal in value to the advance amount as security for the advance payment requested along with the invoice for the invoice for the advance payment requested be submitted to the Client or Employer The Advance Payment shall be recouped when the cumulative value of the Sub- Contract Works executed and certified in the Interim Payment Certificate has reached 25% of the Sub-Contract Sum and shall be made thereafter in subsequent Interim Payment Certificate by way of a fixed percentage deduction from the total certified Page 2 of 16LOA Ref: CSSB/RE-LSS2/DTUILOAWC)2021-015 Date 3.3 3.4 4.0 44 42 8 October 2021 value of work done during the period covered by the Interim Payment Certificate on the basis that the entire Advance Payment shall be recouped in the Interim Payment Certificate when the value of the Sub-Contract Works executed and certified in the Interim Payment Certificate has reached 75% of the Sub-Contract Sum. The deduction shall be calculated as per the following formula; = 200 _A_ Percent of $P B ‘Where $D = Cumulative deduction to be made in Interim Certificale of Payment $A_ = Total amount of Advance Paid $8 = Total Contract Price LESS Materials Procured by the Employer $P = Gross certified value of Sub-Contract Works executed in excess of 25% of $B An Advance Payment Bond in the form of a bank guarantee as set out in the Instruction to Bidders shall be in the sum of equal in value to the Advance Payment requested which serve as security for the Advance Payment and shall be valid until 10 December 2021 (hereinafter referred to as the “Date of Completion’) The liability under the Advance Payment Bond shall be terminated upon realisation by the Client or Employer of the full sum of advance paid. However, if the full sum of the advance paid cannot be realized before the completion date of the Sub Contract ‘or any authorized extension thereof or in the case of the contract be determined before the date of the determination, then the balance of the advance repayable to the Employer shall be recovered from the Advance Payment Bond. SCOPE OF WORKS The Sub-Contract Works to be performed by the Sub-Contractor under the LOA, is detailed and individuated in the several documents forming the Sub-Contract detailed under Clause 22 of this LOA (hereinafter referred to as ‘Sub-Contract Document) The contents of the LOA are considered sufficient for the Sub-Contractor to determine the Sub-Contract Works and are to be regarded as explanatory but not exhaustive. Thus, all matters and things necessary for the execution of the Sub- Contract Works according to the true intent and meaning of the documents ‘comprising the LOA taken together whether the same may or may not be particularly shown or described provided the same may be reasonably inferred there from or is necessarily incidental thereto shall be included in the Sub-Contract Works Page 3 of 16LOA Ref: CSSBIRE-LSS2/DTUILOAWC/2021-015 Date 43 44 5.0 54 5.2 8 October 2021 ‘The Sub-Contractor hereby warrants to the Client or Employer that: (i) The Sub-Contractor shall complete the Sub-Contract Works using reasonable skill and care including the selection of any specifications for the equipment, material, goods, and workmanship to be used in the Sub-Contract Works insofar the same is not stated in the LOA; (i) The Sub-Contractor shall ensure and procure that all equipment, material, goods, services and works shall conform with the latest requirements and regulations of the relevant authorities having jurisdiction over the Sub-Contract Works for the duration of the Sub-Contract Works. (ii) that the Sub-Contract Works when completed shall be fit for the purposes for which the Sub-Contract Works are intended as defined in the LOA; and (iv) The Sub-Contractor warrant the workmanship of the Sub-Contract Works for the period of 24 months and that during such warranty period, the Project and/or the Sub-Contract Works shall be free from defects in design, material, workmanship. The Sub-Contractor hereby acknowledges that the Client or Employer shall have the right to reject the workmanship of the Sub-Contract Works whether in whole or in part if as a result of an examination, inspection, measurement or testing, the Sub- Contract Works are found to be non-compliant with the requirements stated in this LOA or falling below the standards reasonably expected from any work of similar nature. For avoidance of doubt, the Client or Employer shall have the right to instruct the Sub-Contractor to make good the Sub-Contract Works found to be non- compliant and/or below the standards reasonably expected at no costs to the Client or Employer. For avoidance of doubt, no instuction given by the Client or Employer under Clause 4.4 hereof shall be deemed as a variation order and non- issuance by the Client or Employer of any notice pursuant to this Clause nothing shall constitute a waiver on the part of the Client or Employer where no such notice is issued. PERSON-IN-CHARGE The Person-In-Charge (hereinafter referred to as “PIC*) means the Director of the Client or Employer. The PIC may from time to timein writing delegate to any person or persons (hereinafter referred to as *PIC’s Representative") any of the powers vested in the PIC and shall furnish to the Sub-Contractor a copy of all such written delegation of powers approved by the PIC. The powers of the PIC’s Representative shall be limited only to the extent of the overall supervision and direction of the Sub-Contract Works. All approvals on commercial and contractual matters shall remain vested in PIC at all times. The Sub- Contractor shall take up all communication regarding any Sub-Contract Works under this LOA with the PIC's Representative only. If the Sub-Contractor is dissatisfied by Page 4 of 16LOARef: CSSB/RE-LSS2/DTUMLOAWC/2021-015 Date 53 54 55 6.0 ot 62 63 7.0 7 72 8 October 2021 reason of any decision by the PIC’s Representative, the Sub-Contractor shall be entitled to refer the matter in writing to the PIC. Notwithstanding anything contained herein, the PIC’s Representative shall not have any authority or mandate to bind the Client or Employer under any circumstances whatsoever, including but not limited to any circumstances or instructions that may have the effect of additions, omissions, changes or variance to the LOA andlor Sub- Contract Works, All requests, instructions and/or representations that may have the effect of additions, omissions, changes or variance to the LOA andlor Sub-Contract Works shall be deemed “null and void” unless approved and confirmed in writing by the PIC and this shall include but is not limited to variations, granting of extension of time, final account and final payment certification. The Sub-Contractor shall forthwith comply with instructions issued by the PIC and/or the PIC’s Representative in respect of Clause 5 of the LOA. COMMENCEMENT AND COMPLETION (“SUB-CONTRACT PERIOD”) Date of Commencement 9 October 2021 or upon employer's instruction (whichever is earlier) Date of Completion : 10 December 2021 Contract Period Nine (9) Weeks The Sub-Contractor must submit to the Client or Employer his proposed Work Programme for the execution of the Sub-Contract Works within seven (7) days from the date of commencement of the Sub-Contract Woxks herein. The Client or Employer reserves the right in absolute discretion to postpone or delay the Sub-Contract Works up to a maximum period of three (3) calendar months. The Sub-Contractor has accepted this condition without any reservation and undertake to execute the Sub-Contract Works with the terms and conditions in this LOA. Any postponement or delay under this Clause shall not entitle the Sub-Contractor any right to claim additional indemnification and/or payment of any kind. INSURANCE The Contractor's All Risks and Workmen Compensation Insurance policies have been procured for the Project Notwithstanding paragraph 7.1, the Sub-Contractoris responsible, at its own cost, to procure and make payment for any additional insurance(s) related to the Sub- Contract Works, in which the Sub-Contractor deems necessary for the due performance of this LOA. Such additional insurance(s) procured by the Sub- Contractor shall be deemed as being included in the Sub-Contract Sum Page § of 16LOA Ref: CSSBIRE-LSS2/DTUILOAWC/2021-015 Date 8.0 a4 82 9.0 94 9.2 10.0 10.1 8 October 2021 CIDB REQUIREMENTS The Sub-Contractor shall observe and comply with the requirements imposed by the Construction Industry Development Board (CIDB) including but not limited to the CIDB's Green Card Program at the Sub-Contractor’s own cost and expense. The Sub-Contractor shall ensure that all his construstion personnel which shall be involved in any Construction Works (as defined in Section 2 of the Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 (Act 520) in relation to this LOA, attend the CIDB's Safety and Health Induction Course and be duly registered with CIDB before the commencement of any work on the construction site in the context of Section 2 of the Factories and Machineries Act 1967 (Act 139). Should the Sub-Contractor fails to comply with its obligations under this Clause, then, without prejudice to any other rights or remedies under this LOA and/or at law, any of the Sub-Contractor’s construction personnel not registered with CIDB under the CIDB Green Card Program will not be permitted to enter the construction site. SUBCONTRACTING AND ASSIGNMENT ‘The Sub-Contractor shall not subcontract and/or assign any part or the whole of the Sub-Contract Works thereof, without the prior written consent of the Client or Employer and such consent, if given shall not relieve the Sub-Contractor from any liability or obligation under this LOA. ‘Should there be any subcontracting and for assignment on any part thereof or whole of the Sub-Contract Works by the Sub-Contractor, without the written consent of the Client or Employer, the contract between the Client or Employer and the Sub- Contractor shall be automatically terminated with immediate effect and the Client or Employer reserves the right to engage others to carry out the Sub-Contract Works on behalf of the Sub-Contractor for which the Client or Employer reserves the right to claim from the Sub-Contractor for consequential damages inourred thereof. The Sub-Contractor shall not be entitled to claim for any consequential loss resultant from the breach of this Clause NOVATION OF SUB-CONTRACT WORKS The Client or Employer may assign (whether in whole or in part) or novate (whether in whole or in part) the Sub-Contract Works and any benefits thereunder at any time to any third party and the Sub-Contractor hereby itrevocably consents to such assignment or novation and undertakes to execute within reasonable time following written demand by the Client or Employer to assign or novate any part or the whole of the Sub-Contract Works to any third party, all documents necessary and to carry out all other action necessary to effect such assignment or novation. Page 6 of 16LOA Ref. CSSBIRE-LSS2/OTUILOAWC/2021-015 Date 14.0 4 12.0 12.4 12.2 13.0 13.4 13.2 13.3 8 October 2021 STATUTORY OBLIGATIONS The Sub-Contractor shall comply with all written laws, regulations and by-laws which may be applicable to the Sub-Contract Works or any temporary works and shall keep the Client or Employer indemnified against all penalties and liabilities of every kind for breach of any such laws, regulations and by-laws. SUB-CONTRACTORS’ AND SUPPLIER'S WARRANTIES The Sub-Contractor shall as a condition precedent to the commencement of any work under this LOA deposit with the Client or Employer a duly executed warranty in such form approved by the Client or Employer. For the avoidance of doubt, it is confirmed that the provision of such a warranty shall not in any way whatsoever effect, limit or in any respect relieve the Sub-Contractor from any of his obligations under this LOA nor shall it restrict exclude or waive any of the Client or Employer's claims rights or actions whatsoever for the Sub-Contractor's breach of any such obligation. The Sub-Contractor shall also as a condition precedent to the commencement of any work under this LOA procures that any manufacturer or suppliers’ warranties to be given of any materials shall be assignable to the Client or Employer's client and/or employer under the main contract for the Project or to any nominee stipulated in writing by the Client or Employer. THE EMPLOYER'S DUTIES AND RESERVATIONS: The Client or Employer shall provide at the site the facilities provided below and shall permit the Sub-Contractor in common with other contractors as the Client or Employer may in our absolute discretion allow to have use thereof for the purposes of executing and completing but not of maintaining the Sub-Contract Works upon such terms and conditions, if any, as are specified herein: - a) Provision of space only for storage. Such use shall be on the express condition that no warranty or other liability on the Client or Employer's part or of the Client or Employer's other sub-contractors shall be created or implied in regard to fitness, condition, suitability or sufficiency of any facilities so provided The Sub-Contractor shall indemnify the Client or Employer against any damage or loss whatsoever arising from the misuse by the Sub-Contractor or the Sub- Contractor's servants or agents of the facilities provided for the Sub-Contractor use. Page 7 of 16LOARef, Date 14.0 14.4 14.2 15.0 16.1 15.2 15.3 154 CSSBIRE-LSS2/DTUILOAWC/2021-015 8 October 2021 RESPONSIBILITIES OF SUB-CONTRACTOR The Sub-Contractor shall provide any equipment utility or facility at the Sub- Contractor own expense for the performance of the Sub-Contract Works including without limitation to the following detail in “Appendix IIl, V & VI", herein, The Sub-Contractor's other responsibilities described under this Clause are not to be constructed as exhaustive whatsoever. PAYMENT. The Sub-Contractor shall provide an original and detailed claim in a format acceptable to the Client or Employer three (3) days before the dates of valuation, that is, on the Twenty Fifth (25") day of each and every month, The Sub- Contractor shall submit together with its claim detail justifications, calculation and supporting document as may be required by the Client or Employer's Client and/or Employer under the main contract for the Project and the failure to comply with the same will void the claims. All the quantities in the Bill of Quantities are provisional and are subject to re- measurement for interim payment and the final account. For avoidance of doubt, any joint inspection attended by the Client or Employer and the Sub-Contractor to determine the value of the Sub-Contract Works done as of any cut-off date shall subject to the verification, calculation and/or endorsement by the respective consultant appointed by the Client or Employer, the Client or Employer's client and/or the employer for the Project and insofar any acceptance andlor approval is rendered by the Client or Employer during such inspection, such acceptance and/or approval is the acceptance and/or approval based on the physical site condition only and shall not be deemed to be the acceptance and/or approval as to the quantities, the value of the Sub-Contract Works andlor the quality, sufficiency and fitness of purpose of the Sub-Contract Works inspected as of such cut-off date. Within thirty (30) days from the certification by the Client or Employer of the Sub- Contractor's detailed claim, always subject to the inspection and acceptance of the Client or Employer's client and/or employer under the LOA for the Project, the Client or Employer shall pay the Sub-Contractor the total value certified therein in respect of the Sub-Contract Works less any retention money, amount previously paid and any other sums due to or claimed by us under any provisions of the LOA andlor at law. The ‘st payment and all other subsequent payments under this LOA shall only be released to the Sub-Contractor subject to the Sub-Contractor returning two (2) sets original copy of this LOA duly signed and endorsed by the Sub-Contractor to the Client or Employer. Page 8 of 16LOA Ref: Date 16.0 16.1 16.2 17.0 7A 18.0 18.1 18.2 19.0 19.4 CSSBIRE-LSS2/DTUILOAWCI2021-015 8 October 2021 RETENTION SUM A retention of ten per centum (10%) of the total value of the certified work up to the limit of retention, computed at five per centum (5%) of the Sub-Contract Sum or any subsequent adjustment thereof shall be deducted from total values of work done then in all interim payments. The 1* moiety of the retention money two point five per centum (2.5%) shall be released to the Sub-Contractor within Forty-Five (45) days after the issuance of the Certificate of Practical Completion and the 2” moiety is within Forty-Five (45) days after the issuance of Certificate of Making Good Defects. DEFECTS LIABILITY Before and after the completion of the Project or of the last section thereof in which the Sub-Contract Works are comprised, the Sub-Contractor shall, carry out all work of repair amendment reconstruction or rectification and making good defects imperfections or other faults in the Sub-Contract Works for Twelve (12) months from the date of issuance of the Certificate of Practical Completion. EXTENSION OF TIME Upon it becoming reasonably apparent that the progress of the Sub-Contract Works is delayed, it shall be a condition precedent to any extension of time that the Sub- Contractor shall within seven (7) days from the occurence of any event giving rise to such delay, give written notice of the cause of delay in the progress or completion of the Sub-Contract Works or any section thereof to the Client or Employer. If on receipt of such notification and information as aforesaid the Client or Employer is of the opinion that the completion of the Sub-Contract Works is likely to be or has been delayed beyond the period or periods stated in Clause 6 or beyond any extended periods previously fixed under this Clause. i) by reason of any of the matters specified in Clause 18 of this Sub-Contract; or ii) for any reason of which the Client or Employer could obtain an extension of time for completion under the LOA, Then the Client or Employer may grant a fair and reasonable extension of the said petiod or periods for completion of the Sub-Contract Works or each section thereof, as the case may require, and such extended period or period shall be the period or periods for completion of the same respectively and this Clause shall be read and construed accordingly. LIQUIDATED AND ASCERTAINED DAMAGES Should the Sub-Contractor fails to complete the Sub-Contract Works or any section thereof in accordance with the Date(s) of Completion / Sectional Completion as Specified in Clause 6 or any extension granted thereof, it is agreed that the Sub- Page 9 of 16LOA Ref Date 20.0 20.41 20.2 20.3 20.4 20.5 24.0 204 22.0 22.1 CSSB/RE-LSS2/DTULOAWC/2021-015 8 October 2021 Contractor shall pay or allow the Client or Employer to calculate and impose at the rate of Ringgit Malaysi per day up to (15%) limit of Sub-Contract Sum as Liquidated and Ascertained Damages for the period during which the Sub-Contract Works shall so remain and have remained incomplete and shall be recoverable from the Sub- Contractor as a debt or may be deducted by the Client or Employer from all monies due or to become due to the Sub-Contractor. VARIATIONS The Client or Employer may in absolute discretion issue instruction(s) requiring a variation including omission of any part of the Sub-Contract Works without prejudice to the Client or Employer's right to re-award the omitted part to another sub- contractor or alternatively elect to carry the said omitted works ourselves. In the case of a variation, the Sub-Contract sum shall be adjusted by adding or deducting from it the value of the varied works. The Sub-Contractor shall not be entitled to any additional claim or compensation for loss of profit and/or expense in the case of an omission. The Sub-Contractor shall comply with and carry out any variations ordered by the Client or Employer in writing with due expedition and diligence. No variation ordered hereunder shall in any way vitiate or invalidate this LOA No variation or agreement shail be valid and binding unless duly signed by PIC only. The valuation of any variation shalll be calculated based on the rates in the Bills of Quantities and if there are no such rates the Client or Employer shall determine a reasonable rate for such item and such rate shalll be binding, FIRM PRICE SUB-CONTRACT The rates and prices set out in the Sub-Contract Documents, shall be fixed and firm and shall be inclusive of all costs for all work, material and/or any matter which are either indispensably necessary or implied from the LOA, so as to complete the Sub- Contract Works, and shall not be subject to any adjustment or increase whether due to inflation, increased labor and/or material costs, or any other factor or combination of factor which would likely cause or does in fact cause such an increase SUB-CONTRACT DOCUMENTS. The Sub-Contract Documents are to be taken as mutually explanatory of one another save insofar as any of them expressly provide to the contrary but in the event of there being a conflict between any of Sub-Contract Documents, the provisions of this LOA shall prevail over the documents forming the LOA. Page 10 oF 15LOA Ref: CSSB/RE-LSS2/DTU/LOAWC/2021-015 8 October 2021 Date 22.2 23.0 23.4 23.2 The following is the list of the Sub-Contract Documents to form and be read and construed as part of this LOA, inter alia: - Attachment Description ‘Appendix | Notice to Start Work ‘Appendix i Particulars of Contract ‘Appendix Il Bills of Quantities Appendix IV | sCrawings: ee AppendixV —=*|~Ss General Scope of Sub-Contract Works Appendix VI ~ Sub-Contract Conditions ‘Appendix Vil Letter of Undertaking on The Employment of. Appendix VIII HSSE Penalty System “Appendix IX Format of the Bank Guarantee Appendix X Format of the Advance Payment Bond in the form of Director's Guarantee ‘Appendix XT Warranties Appendix XIr ‘Commercial Proposal FOREIGN WORKERS The Sub-Contractor may employ non-Malaysian citizen if Malaysian citizens in the patticular trade or skill required to complete the Sub-Contract Works are not available in Malaysia PROVIDED ALWAYS such employment shall be in compliance with all laws relating to the employment of foreign workers, or any subsequent modifications or re-enactment thereof PROVIDED FURTHER the Sub- Contractor shall not be entitled to any claim for additional costs and payments. whatsoever in respect of the Sub-Contractor’s compliance with this condition. Before the commencement of work the Sub-Contractor shall provide to the Client or Employer: a) Proof of the non-Malaysian citizens registration with the relevant government authorities that the non-Malaysian citizens are permitted to work in Malaysia and the permits have not been withdrawn by the relevant government authorities together with an undertaking to inform the Client or Employer in the event of any such withdrawal in the future; A letter from the Sub-Contractor to the Client or Employer stating that: - i) Non-Malaysian citizen will only be employed by the Sub-Contractor for the Sub-Contract Works only if such expertise is not available in Malaysia; and Page 11 of 16LOA Ref, Date 23.3 23.4 24.0 24.1 25.0 28.1 25.2 25.3 CSSBIRE-LSS2/DTUILONWCI2021-015 8 October 2021 ii) The such employment will be in accordance with all laws in force at the relevant time. The Sub-Contractor shall maintain on site at all times during the progress of the Sub-Contract Works an up-to-date register containing particulars of all workers employed by the Sub-Contractor. The Sub-Contractor shall submit to the Client or Employer a letter of undertaking on this employment of foreign workers issues. A sample of the said letter are attached in “Appendix VII" The Sub-Contractor shall indemnify and keep the Client or Employer indemnified for all claims, proceedings, damages, costs losses, charges and expenses of any nature whatsoever arising from the Sub-Contractor's failure to comply with the Sub-Contractor's obligations under this Clause. NO APPROVAL BY CERTIFICATES No certificate or payment by the Client or Employer under any provision the LOA shall be considered as any evidence as to the sufficiency and/or completeness of any design or works to which it relates, nor shall it relieve the Sub-Contractor from his liability to amend and make good all defects, imperfections, shrinkages or any other faults whatsoever as provided by this LOA. FINAL CLAIM Within thirty (30) days after the completion of the Sub Contract Works or of the last section thereof in which the Sub-Contract Works are comprised, the Sub- Contractor shall submit an original copy of its final claim which shall contain full particulars together with any documents, vouchers, explanation, details and calculations in support thereof whereby the final claim shall be verified by joint measurement on As-Built drawings endorsed by respective consultant including any variation approved by the PIC in writing so as to enable the Client or Employer to prepare the statement of final account in respect of the Sub-Contract Works under the terms of the LOA. Failure to submit the original and complete final claim in accordance with Clause 25.1 of this LOA shall invalidate the final claim. Notwithstanding anything contained herein, the Sub-Contractor's failure to comply with Clause 25.1 shall affect the approval process of the statement of account for the Sub-Contract Works No final payment shall be made unless and until the Sub-Contractor has given a written undertaking as to the completion of making good any defects or as to any warranty of the Sub-Contract Works; delivered to the Client or Employer a declaration made by the Sub-Contractor to the effect that the workmen who have been employed by the Sub-Contractor in carrying out the Sub-Contract Works have received all wages due to them in connection with such employment and that all dues or contributions under the Employment Act 1955 (Act 265), the Employees Social Security Act 1969 (Act 4), the Employees Provident Fund Act 1991 (Act 452) and any other laws relevant to the employment of workmen have been paid Page 12 016LOA Ref, CSSB/RE-LSS2/DTUMLOAWCI2021-015 Date 26.0 26.1 27.0 274 272 8 October 2021 EMPLOYER'S RIGHT OF SET-OFF Notwithstanding any provision to the contrary included in this LOA, the Client or Employer shall be entitled to deduct from and set off against all amount due to the Sub-Contractor under this Sub-Contract: - (2) any amount or amounts which the Sub-Contractor are liable to pay the Client or Employer under this LOA; (b) any sums due and payable to the Client or Employer to satisfy any obligations of the Sub-Contractor to the Client or Employer pursuant to any agreement to which the Client or Employer and the Sub-Contractor are parties other than this LOA; (c) any other sums claimed by the Client or Employer whether for breach or howsoever otherwise arising contractually; and/or (a) any sum due and payable to the Client or Employer to satisfy any of the Sub-Contractor’s obligations to any subsidiaries or other projects of the Client or Employer or, its associate company. SUB-CONTRACTOR'S DEFAULT If the Sub-Contractor neglects to execute the Sub-Contract Works with due diligence or shall refuse to comply with any of the Client or Employer's instructions, the Client or Employer may give notice in writing to the Sub- Contractor to make good the failure, neglect or contravention complained of. Should the Sub-Contractor fails to comply with the notice within seven (7) days from the date of notice served, the Client or Employer may employ other workmen and forthwith execute such part of the Sub-Contract Works as the Sub-Contractor may have neglected to do, or the Client or Employer may without prejudice to any other rights or remedies which the Client or Employer may possess take over the ‘works wholly or in part out of this LOA and employ other persons to complete the works or any part thereof, and the Client or Employer shall be entitled to retain and apply any balance which may be otherwise due on the LOA, or such part thereof as may be necessary to the payment of the cost of executing the works or any part thereof or of completing the Sub-Contract Works. If the cost of completing the Sub- Contract works or executing a part thereof shall exeed the balance due to the Sub- Contractor, the Sub-Contractor shall pay such excess. In the case of any the damaged Sub-Contract Works resulting from the failure and/or neglect of the Sub-Contractor in the execution of the Sub-Contract Works, the Client or Employer may recover all costs incurred to reinstate the damage Sub-Contract Works to its original state from the Sub-Contractor. Page 13 of 16LOA Ref, Date 28.0 28.1 28.2 28.3, 28.4 29.0 29.4 29.2 CSSB/RE-LSS2/DTU/LOAWCI2021-015 8 October 2021 SUSPENSION / TERMINATION If the Sub-Contractor fails to provide maintain and/or renew the warranties, Performance Bond, insurance as required under the LOA then the Client or Employer may without prejudice to any other rights or remedies to which the Client or Employer may be entitled under this LOA or at law, by written notice forthwith determine the Sub-Contractor’s employment under this LOA In the event the Sub-Contractor fails to observe or perform any or all of the provisions of this LOA or the Client or Employer's employment under the main contract for the Project is subsequently terminated for whatsoever reason then the Client or Employer may without prejudice to any right or remedy which the Client or Employer may possess by notice forthwith suspend or terminate the Sub- Contractor's employment under this LOA or any part thereof, It is agreed that at any time in the Client or Employer's absolute discretion the Client or Employer may terminate the Sub-Contractor’s employment under this LOA for convenience, by giving one (1) month notice in writing whenever the Client or Employer shall in its sole discretion determine that such termination is in the Cliont or Employer's best interest It is also agreed that the Sub-Contractor shall not be entitled to claim for any loss. of profits and other damages if the Sub-Contractor’s employment under this LOA is terminated in accordance with Clause 28. As against any payments due from the Client or Employer under this LOA, the Client or Employer shall be entitled to be credited with any outstanding balances due from the Sub-Contractor. SCAFFOLDING The Sub-Contractor, his employees and workmen in common with all other persons having the like right shall for the purpose of the Sub-Contract Works be entitled to use any scaffolding belonging to or provided by the Client or Employer, while it remains so erected on site PROVIDED THAT such user shall be on the express condition that no warranty or other liability on the Client or Employer's part or the Client or Employer's other sub-contractors shall be created or implied in regard to the fitness, condition or suitability of the said scaffolding. The Sub-Contractor shall comply with the provisions of the Factories and Machinery Act 1967 (Act 139) and the regulations and rules made there under as. they relate to any work, act or operations performed or about to be performed by the ‘Sub-Contractor in connection with the LOA and it shall be the Sub-Contractor’s duty who erects or alters any scaffold to comply with the requirements such as the Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations 1986 as may be amended from time to time as it relates to erection or alteration of scaffold having regard to the purpose for which the scaffold is designed at the time of erection or alteration Page 14 of 16LOA Refi Date 30.0 30.1 30.2 30.3 CSSB/RE-LSS2/DTULOAWC/2021-015 8 October 2021 HOUSEKEEPING The Sub-Contractor shall give or provide all necessary housekeeping for and during the execution of the Sub-Contract Works and for the carrying out of your obligations under the LOA and for as long as the Client or Employer may consider necessary. ‘Such housekeeping shall be given by such number of persons (of at least ten per centum (10%) of the Sub-Contractor workforce or af least two workers whichever is the greater) for the performance of the Sub-Contractor housekeeping obligations at the Sub-Contractor own costs and expense. If the Sub-Contractor fails to carry out housekeeping, then the Client or Employer may carry out such housekeeping and pay any costs necessary for that purpose and from time to time deduct the amount so paid from any monies due or to become due to the Sub-Contractor or recover the same as a debt due. Page 15 of 16LOA Ref. CSSB/RE-LSS2/DTUMLOAWC/2021-015 Date: 8 October 2021 This LOA is sent to the Sub-Contractor in triplicate. The Sub-Contractor is required to return one original and one copy duly signed and witnessed where indicated to reach this office within three (3) days from the received of this letter, falling which this LOA shall automatically be null and void and of no effect and neither party hereto shall have any claims against the other and the Client or Employer shall be eniilled at the Client or Employer's absolute discretion to re-award the said LOA to any person nor persons as the Client or Employer's may think fit Thank You, The undersigned hereby acknowledges receipt of this LOA No. CSSBIRE- LSS2/DTU/LOAWC/2021-015 dated 8 October 2021 and the attachments thereto and accept all its conditions stated therein: bua, Signature:. Signature: (witness) Zon emer ss Name: ote ome eee Name:..ANEAMELA, S208) fey Designation: peri Designation: ...... Seats 23-50 ts - ob NRIC No: .S1S122-28- 556 NRIC No:... MES. SPB, STRUCTION wana const NO. Age DAcaR 5118 19, TAMA ES MAU Company Stamp: eaare SANGKAK, JOHOR. Date : 29.7107 208! Page 16 of 16LOA Ref: CSSBIRE-LSS2/DTU/ILOAWC/2021-016 Date: 8 October 2021 Sub-Contract Works: Anchor And Mooring Line (Balance Of Work) (The Step-In Work) Appendix’! APPENDIX I - NOTICE TO START WORKNOTICE TO START WORK cowar CENTURY SUPPLIES Son BH ‘DIN PEPASANGAN ISTE SOLAR TERAFUNG (COMM) ON BILIKELEKTIK SEPHBA KERAL Cl TASI OAM snort ui TOC VBA, BIHAN PASTRRAS, LAUTAN Tame OF SI WAR CONSTRUCTION score oF work | AIGHOR AND HOORING UNE (Galore Of War) [he septa Wert) LORE HO CSE/AE ASSA/OTIRONVECPOREDTS ve: _eyiz078 on 51 mn elcere tthe stove pre and scope nah ou ate hey net commence tne wrk n erdance wn be one reste ‘Soa io te Posseson ober 371 Cott Aro MY — eer Poe ‘9 Weeks “ya rt ur the ftom dneents tha 7 work dys vec i Hees SOF WH 1 peavces 2 DrearsGunartee 3 Wor Programas A opmeteroat Pesca InOurye 6. WA Mer Steet 2. mater soo 8 Coaigve Boers er tur see, he Petemarcetendin e tam of Saks Gurarze, sa bested us nto were oe acstace te Cee nadpasee sarang othe arora format ated Ee Leer of ALANS, won crete Sen One ered oan atonce pet onthe Crt ameuring 15% of te vat ef he Sub Cartat Sa rennet 8 et tothe camper wt te lewng cordns: that he WIS te scr by Ue Wa Cerro Sn Bh and sy nat aac Pare te om Orc Guar the om (sere hee roe ty ery Si SN a Ne art rox a tcarty te sence pyre requ ong ath We oe fore woes fr te 20a BT epost obras Certy Suis S20 O18 tera zceguance sabe eu yeu tn wang dea rom te ate ecevng fs TS Ente eet tha ou dort 9 wre a ate fal Son Wisse Poses sated oboe, we HR ENE EM ya et lr a pate nth Toe aloe Coucoraraanreenert obs work ta be dered ni and vot Mark you ein ceney sane ove ZAUND GENT ZAMER! | ccnees ae ai deLOARef, CSSBIRE-LSS2/DTU/LOAWC/2021-015 Date: 8 October 202 Sub-Contract Works: Anchor And Mooring Line (Balance Of Work) (The Step-In Work) ‘Appendix ‘I’ APPENDIX II ~ PARTICULARS OF CONTRACT,LOARef, CSSB/RE-LSS2/DTU/LOAWE/2021-015 Date 8 October 2027 ‘Appendix i PARTICULARS OF CONTRACT Date of Commencement ‘9 October 2021 Date of Completion 10 December 2021 Contract Period 9. Weeks Performance Bond 7. Performance Bond in te form of Bank Guarantee in favour of CSSB to secure the performance valued at a maximum of 5% of Sub-Contract Sum amounting to RM li, To be deposited to CSSB within 14 working days from the date of LOA, iii Shall remain valid for the duration of Contract Period plus 42 months of the Defect Liability Period up to the issuance of Certificate of Making Good Defects (CMGD) Liquidated and Ascertained Damages Detect Liability Period (I 5 to: 15% limit of Sub-Contract Sum of delay 12 Months from the Cerificate of Practical Completion under the LOA. ‘Terms of Payments Monthly Basis and Submission of Interim Progress Claim shall be on/or before Twenty-Five (25") of every month Note: Claim submitted after Twenty-Five (25") of the month shall be considered as late. Lale claim shall only be processed as though as the claim is received on the ‘Twenty-Five (25”) of the folowing month | Period of Honouring Payment Retention Sum Thirty (20) days upon date of acertfication made by CSSB Note: Performance Bond / Bank Guarantee shall be a condition precedent before payment can be made. 10% of total value of cerified work done up to 5% limit of ‘Sub Contract Sum. Release of Retention Sum. Deliverables. i 1 Moiely to be released forty-five (45) days upon the issuance of Certificate of Practical Completion ji, 2 Moiety to be released forty-five (45) days after the issuance of the Certificate of Making Good Defects (CMD). Work Programme within 7 days Project Organisation Chart detailing the Person-in-charge | (PIC) for the Contract and lead person on all technical matters. Other deliverables as described in the Bill of Quantities (Appendix ll) and General Scope of | Preliminaries. (Appendix V). Non-Performance In the event of non-peformance at any point of ime, CSSB shall reserve the rght to appointideploy third party Contractor to execute the Sub Contract Works on behalf without prior consent by WC in order to meet the progress of Construction works. Al cost incurred will be back-charged accordingly to WC. WC shall not be discharged from the liability without having CSSB's consentLOARef: CSSBIRE-LSS2/DTU/LOAWC/2021-018 Date: 8 October 2021 Sub-Contract Works: Anchor And Mooring Line (Balance Of Work) (The Step-In Work) Appendix III" APPENDIX III ~ BILL OF QUANTITIESCADANGAN PEMASANGAN SISTEM SOLAR TERAPUNG (SOMW2<) DAN BILK ELEKTRIK SEPARA KEKAL DI TASIC DANAU TOK UBAN, JAJAHAN PASIR IAS, KELANTAW ANCHOR AND MOORING LINE (Balance of Work) (he Stp-n Wark) BILL OF QUANTITY NO. (RM) 1] eteno.1 -pRetnanaries vai s93 2 | aLLNo.2-aNcHoR Avo MoORINGLNE — | a02 313 | TOTAL CONTRACT SUM! RINGGIT MALAYSIA ;| Contruction Period : 9 Weeks Baus, kame: own wt Zenmers Decignaion: Dyeerere WAHIDA CONSTRUCTION rompany Chop INO. 466, JALAN 58/01 19, a Date: PeAO-Poa S441 TANGKAK, 1OHOR, sumCADANGAN PEMASANGAN SISTEM SOLAR TERAPUNG (50MWa.c) DAN BILIK ELEKTRIK SEPARA KEKAL DI TASIK DANAU TOK UBAN, JAJAHAN PASIR MAS, KELANTAN. LOARel: CSSBRELSS2/OTULOAWC)2021.015 Date 8 Octoder 2021 ANCHOR AND MOORING LINE (Balance of Work) (the Step-in Work) BILL NO. 1 PRELIMINARIES Item. Descriptions unit ay Rate (RM) Amount (RM) |The amount inserted by the contractor for such. Preliminaries items shall be deemed to apply to the whole of the Works carried out under this Contract [Each Preliminary item or Clause shall be individually price, Where any Preliminary item or [Clause is loft unpriced, it shall be deemed that tho [cost of such Preliminary item or Clause have been, lallowed for elsewhere Insurance Erections All Risk and Workmen Compensation. insurances have been procured for the overall project development, notwithstanding the contractor is obligated to procure insurances that is related to their |scope of works for the duration of the constuction period. Performance Bond Performance Bord in the form of Banker's Guarantes Irom a reliable local Bank Note: (SRM 500,000.00 - Director Guarantee, contract = 500,000.00 - Performance Bond } lSurveyor IThe Contractor shall obtain the services of a Licensed Land Surveyor to carty out Survey and setting out |coordinatel location as per consultant requirement Upon completion of works, the Contractor shall engage Ihe same Surveyor to conduct final as-built drawing, HThe certified drawings shall be submitied to the lEmployor. |Site Management [The Contractor shall provide competent and qualified kay site personnel for the execution of the works Ihroughout contract period [Cleaning Upon Completion [Cleaning up tne sites on completion of the works is Ls. ts TO COLLECTION paa/1/3ANCHOR AND MOORING LINE (Balance of Work) (the Step-in Work) BILL.NO. 1- PRELIMINARIES. Item Descriptions Unit ay Rate (RM) Amount (RM) As-Bullt Drawing The contractor shall prepare the application up to Jcompiction ofthe As bul drawing, The submission [shal be (6 set) in hardcopy binding and (2 set) in sottcopy (CD). Plant and Equipment |The Contractor shall provide, erect, keep insured, maintain and remave on completion all requisite tarpaulins, tools, vehicles, tackles and other plants and lapparatus, as required by al trades as are necessary for the execution of the Work, Should the Contractor leave this item unpriced, then the cost of all the Inecossary plants and tools is deemed to be included in ine price of each the iterns in the Bils of Quantities. |All mechanical plant used by the Contractor shall be of such type, size and method of working suitable to the lype and nature of the warks and site conditions where the werk to be executed. I, in the opinion of the SO the plants used is not suitable, he may advise the (Contractor to change the plant or method of executing the works. The Contractor shall however, have no Jcause for claim against the Government on the account lof complying with any of the $.0.'s advice in this \natter List of plant and machineries as follows = 1) Crane 6ST ii) Crane 207 ii Low Leader 'v) Pontoon - 3 nos (provided by Employer) vi) Engine for pontoons - 2 nos + 1 nos provided by Employer vi) Lifing power winches vill Genset to power up winches Ls. Ls TO COLLECTION Bai/2/3ANCHOR AND MOORING LINE (Balance of Work} (the Step-in Work) BILLNO. 1- PRELIMINARIES tem Descriptions Unit Rate (RM) Amount (RM) COLLECTION TOTAL FROM PAGE BQ.1 /1/3 TOTAL FROM PAGE BQ.t /2/3 TOTAL CARRIED TO GENERAL SUMMARY 8a1/3/3CADANGAN PEMASANGAN SISTEM SOLAR TERAPUNG (60MWa.c) DAN BILIK ELEKTRIK SEPARA KEKAL DI TASIK DANAU TOK UBAN, JAJAHAN PASIR MAS, KELANTAN. LOARef CSSBIRELSSZDTULOAWICI2021-015 Date: 8 October 2021 ANCHOR AND MOORING LINE (Balance of Work) (the Step-in Work) BILL NO. 2- ANCHOR AND MOORING LINE Hom Descriptions unit aty Rate (Rt) ‘Amount (RM) |ALL PROVISIONAL QUANTITIES 4 |HDPE drUms plus nylon cope as mooring ine floater [during instalation Material 8 {wwe Rope Cip Cc |Payester Rose & Strand 0 |Thimbte Manpower Provide manpower for knitting of polyester rope Deadweight for Solar Island Deadweight 6ton size 1.7m x 1.7m x0 9m with tolerance *0mm, -5mm dimension E | Deadueight ready to install (Polyester rope kiting lcomplated) F — |Deadweiaht ; polyester rope need to re-kniting due to palyster rope measurement charges in the drawing [along the river alignment) 6 [Deadweight polystar ope has been cut by lenath but not yet knit to the deadweight H_ | Deadweight : polyastar rape not yet knit Deadweight for Central Invortor Deadweiaht4.tton size 1.45m x 1 45m x0.82m with olerance + 10mm, -5mm dimension 4 |Deadwcight ready to install (Polyester rope knitting completed) Kk — ocadneight ; polyester rape need to knitting dus to loolyster rope measurement changes inthe drawing \alona the river alignment) L |oeadweight : poystar rope has been cut by langth but not yot knitto the deadweight M__[Deadweight; polyester rope nat yet knit Ls, Nos M Nos nos ros nos 95 2 ” 22 deedactg + Jessie By Other By Other By Other WA 7 wa Rate Only TO COLLECTION a2 / 1/3ANCHOR AND MOORING LINE (Balance of Work) (the Stop-in Work) BILL.NO. 2- ANCHOR AND MOORING LINE Hom Descriptions unit | ay Rate (RM) | Amount (RM) |ALL PROVISIONAL QUANTITIES (Cont'd) [Transportation [Transportation and Positioning of Concrete Anchor Block which cover the following Installation of deadweight as anchoring and mooring line for hooking up anchor and floating [solar structure complete with setting up polyester, ope into concrete deadweiaht; all in accordance to| Engineer Drawing Dotail Deadweight for Cable Routing Deadweight 9.12 Tonne size 600mm (L) x 500mm (WY) }x 200mm (H} with tolerance +10mm, 8mm dimension [Deadweight 0.46 Tonne size 660mm (L) x 650mm (WW) 450mm (H) with folerance +1 0mm, -5mn dimension nos | 500 Nos } 168 Nos | 107 Corsi = = TO COLLECTION a2/2/3ANCHOR AND MOORING LINE (Balance of Work) (the Step-in Work) BILL NO. 2 - ANCHOR AND MOORING LINE Item Descriptions unit | aty Rate (RM) | Amount (RM) ALL PROVISIONAL QUANTITIES (Cont'd) COLLECTION TOTAL FROM PAGE BQ2 /1/3 TOTAL FROM PAGE BQ2 12/3 TOTAL CARRIED TO GENERAL SUMMARY 90.2/3/3LOARef, CSSBIRE-LSS2/DTU/LOAWCI2021-015 Date: 8 October 2021 Sub-Contract Works: Anchor And Mooring Line (Balance Of Work) (The Step-In Work) Appendix IV" APPENDIX IV - DRAWINGS| EE as He : id aa tert : PESURUMUAYA TAVARELANTAN oe a betes he 7H i <> = ; = peat aa $ AELANTAN UTILITIES MUBARAAAAN L 4 i 3 Fe p + HOLONGS Sn. 0 3 = Peete ¢ t Hee = Le 3 + tt HH zs (ypatk REF Sdn Bhd ae = |: aH i : —SOvESURIA > q : ot : eS, (2818720 | ‘ i | i ean Ba i ae $ J B £ et i : peieiete ! = canancan reuasancay : ESE EE sore SOTERA os) wernt) eet te oe ‘sous SDE nvEatEN) CONSTRUCTION DRAWING z acct peters poet are r 1 | |T=] eg sete e a cla D + + = Hee ee tan + = pepe strtetatete| Fe toa—ber = $ = + [pepe peter ‘ z . (KELANTAN UTILITIES MUBARAKAAN melee 2 4 + tHe eee eee earn a SEE a : 3 Bey =a erat ee ate 3 a Es Se EE ea, re = ‘¢ x rn fo + + Cypark i ~ : : i! Hi Ht Ginger « CADANGAN PEMASANGAN. ae cosarenene ‘steer oe MOORING LENGTH {SOLAR ISLAND E NVERTER)aol erin alias L ame, : : Ee t ES a : s it H REE Ht 3 Se ESC 4 ee) Hy BES Ee SEE Ee + sds = Eee pepe : Sette = : ESURUIJAYATANAN KELANTAN : Sate Sete : aay = 2 SHEE = Sta Seat : EE — |=] ee UTLITES MUBARAKAA te se SHEE! tet Seah rns ghOLBINGS SON BD. . o EERSTE: + SSE aes i =» pe : 4 + eee 7 HE ote He 3 J Fe] [| ne von STUN oa ecient sree aeerwe aa caet ‘ Saar ae : ae mien can teri (soak SUN0'E NVERTER — ‘CONSTRUCTION ORAWIN i] z :oint 1 | a ) zi “oaseaannnsecs Y #45 soon Complete insionorion Reedy to Iottett aay ees te Bee Ha ing my Rope cur de sine, net get HartingT ” as pes preeniaunui smawemapEEE EEE. Es NUEREED ym js yo pe be * jn bs ast = 7 | 5 asnnanansannana’”WPEPER AP EREp| rah ELANTAN UTILITIES MUBARAKARN HOLDINGS SON. 0. ebbabblbebblbekeeReect SET EASaIU ESHER else aleRlelee FFRWS RDS pPERa fal Re oU LE Ret suse Save esapont x rt : Pee oo [CONSTRUCTION DRAWING {SE SRN TT Acexmecers3) eames) mcissn sexcstescr sonnei 7 s comeccts2) come (ss) comets 1 lea ELANTAN UTILITIES MUBARAKAAN. HOLOWNGS SDN, 0. Cypark OpaIEREF Sen Bhd sony Sawin ae f Cypark rank esTuARY OUARSDN HO castes) ean area rea s eeapesepeseh sre Soca remorse tate) alee rer] é Moonie LENGTH vera een ok {CABLE ROUTING)LOA Ref: CSSB/RE-LSS2/DTU/LOAWC)2021-015 Date: 8 October 2021 Sub-Contract Works: Anchor And Mooring Line (Balance Of Werk) (The Step-In Work) ‘Appendix. APPENDIX V — GENERAL SCOPE OF SUB-CONTRACT WORKSSSyRE-SS2/OTURONWICIZOREOIS opine ‘CADANGAN PEMASANGAN SISTEM SOLAR TERAPUNG (6OMM.c) DAN BILIK ELEKTRIK SEPARA KEKAL DI TASIK DANAU TOK UBAN, JAIAHAN PASIR MAS, KELANTAN, ‘SITE: TASIKCDANAU TOK UBAN, JAJAMAN PASIR MAS, KELANTAN ‘GENERAL SCOPE OF MAI CONTRACTOR & SUBCONTRACTOR ‘NOTE Ald GENERAL SCOPES OF WORKS UNDER THE SUBCONTRACTOR SHALL DEENED INCLUDED IN THE TENDER/SUBCONTRACT SUM Tien ‘estan ‘Sapa at ons Ry aseaon eantay ‘Saape oons ‘Su Sub company | conocer! company | contacter? men [Stoner Super 1 | ety space for Sub Contacte Soler y 19 souce an stat samples 8 cataloaes ‘ Jinan se), 2. [pn ccssto the site 20 repre and stmt method statmert as equced 35 |Temporary acess to Sib-Cont work sea q [der the Subcontractor wack 4 |Seurty to siscorratr's works 4 | 21 [presare and sume works pocrarime and |weokyerosessrerart ch photons 5 [sentence of tein Gntrctrs Ste Ofice |arcesioen ote) 2 |taen wth susie inten Subconracers le cther relent partes relation tothe 6 {ramos ut lsocaton &conloion Subonractrs wos fate sion: Ine Cer starson a [rapicaon tr tne site y re ary process ee tepastrequred by 25 |resino & Commasioang Seer’ works Loca Water thts 0 be pa by [asin covert) 24 |repae and suit Shop Oranins os reed rapping rom main source of teprary ter ¥ lide the Suber’ work spicing al nessary ennecions _|areenance of tmpeay wate supa | 25 {atend any mestngs nelson tothe lst yment for water sap er consti and y Isutcetractor’s works ang when request by lvesses st ain conactr leaner suntv ectrcty 25 |ropare and sir as bulk drawing fo apna |pepieaton forthe sta y ster comsetenof works re: Ay rocessng foe devas requved by 8 foto pojace by Nan Contact) 27 [Desir caclston inci Professional 1. rapsns rom main sure for temporary power y |rimers evrsemnt(ppeabie to deson sooty nctuing at pecesary ennecons ones by stroraoctr env) 4 Rareerance of temporary paver sui y 1 Jetbaymenttoreectioty usage for constuction 1 | 28 finsranees owe stcontactors work, workers, law casts ate rt, macnn, eaurme, ateral ec lot: cSsB.cah ourcases CAR ond 7 |rsestr poecon to sn neaty sone that y lnseances) nn aro t Sutenrracters ork. (olan fie ertersaned or any aoage to the 29 cistaten wth 108 neti train Fes stotocrs wera se ta re Green Cart vs, etre et 2 [tometnce wa 8 Hrempoxnry Sentaton 4 | 3 [ewrenmenta as tin force 9st etme, bots, vst and other safety | [Say ana Heath cin fre at any ine 3t [rts are eeces equi forthe 10 {suey irstamens forthe Works ‘ sutcetractars wots 11 [Tempoary workers accomadation ¥ | 32 |scurna ef spetps boro ot 12 |Petection to iteracina works by others and 9 | 33 |subconradors marenisi reson tothe lsircotracors work ne 13. Tesspertatin or workers + | 534 foveme tr essen Enonaers, Clot Wer sre serena fo rete Cesare 1st cles & removal ef cotton debi y em (other hn overtme ents det kon completion eS Contras work stocnracorsoun dor works) 15 fatestng read to he works as required by 35 |pemovalef al tenpoary mes td unde ho fos Preimnares upon concn of tho ces 16 mero as tut survey & story cut of 3% |at generat wos renued to be cate out and [sts Contracts work ertree to satay relates inorder [opie he vine Sacanact's wrk 17 |alwors related plats, machinery, equement & ets eared tocar out the subcontractors |r eu mobi, demetcaten, [arse core, rep, 18 |sora0enanting ae rection to aes on 4 ste forthe ntcotract's work ACCEPTED BY SUBCONTRACTOR, JNSTRUCTION Qe, NE a a NKMAN SEROM OANA, Saag art anette HARE von company SampLOA Ref, CSSB/RE-LSS2/DTUILOAWC/2021-015 Date: 8 October 2021 ‘Sub-Contract Works: Anchor And Mooring Line (Balance Of Work) (The Step-In Work) ‘Appendix VI" APPENDIX VI — SUB-CONTRACT CONDITIONSLOA Ref: CSSB/RE-LSS2/DTUILOAWC/2021.015 Date 2. 8 October 2021 APPENDIX VI ‘SUB-CONTRACT CONDITIONS You shall execute and complete the Sub-Contract Works in a dligent, competent and workmanlike manner all in accordance and in strict compliance with the conditions, specification and construction programme made available to you, for which you are deemed to have inspected and duly thus informed yourself of all requirements contained therein, You shall comply with all instructions given by our Person-In-Charge (PIC) or his authorised representative and shall seek clarification from him on all inconsistencies, discrepancies and queries with regards to the Works. You shall liaise closely with our PIC for the execution and completion of the Works in coordination with all other works an site. You shall provide a competent site representative to coordinate and execute the Works. He shall receive instructions, notice and attend all meetings as required by our PIC. All notices and instructions received by him shall constitute receipt of such notices or instructions by you. ‘All necessary tools, plant and equipment required for completion of the Works shall be provided by you and the cost is deemed to have been included in the rate unless expressly stated otherwise, You are required to insure all machineries and plants belonging to you or in your possession and you shall indemnify us against loss, damage or injury to any properties or persons due to or arising from your machineries or plants for any reason whatsoever. a) Inthe event you are delayed in the execution or completion of the Sub-Contract ‘Works by events or circumstances beyond your control for which you consider to be such as to justify an extension to the Sub-Contract Period or such date for completion, you shall within seven (7) calendar days from such event give notice in writing, of your intention to claim with all such details of the delaying event. b) In the event we determine that the cause of the delay in such as to justify an extension of time, we shall confirm such extension as soon as practicable. ©) You shall complete the Works within the period as required by our construction programme. All workmanship or material not in accordance to the specification and drawings under the Main Contract or not executed or completed to our satisfaction shall be removed and made good without reimbursement further to those you were originally entitled had the Works been executed to our satisfaction the first time. All cost, expense or loss of profit, shall therefore be to your account. You shall give all necessary fees and comply with all legislation and requirement, statutory or otherwise relevant to the Works and shall be responsible for the supply of all safety equipment and reflective clothing to your personnel in compliance with any of the foregoing. Append VE ‘Sub-Contract ConditionsLOA Ref: CSSB/RE-LSS2/DTU/LOAWC/2021-015 Date 10, rr 12 Be 4. 15, 16. 17. 18. 19. 8 October 2021 All employees and workers, permanent or temporary stall be allowed to work only if all legal requirements have been fulfilled, with special regards to all Malaysian Immigration ‘and Labour laws. All payments, contributions, levies, deductions and taxes required by the Immigration, Labour Department and any other authorities shall be your sole responsibility. You shall indemnify us from any claims, action oF proceedings arising from ‘your non-compliance with all such requirements If in our opinion or in the opinion of the P.1.C/Superintending Officer/Architect that any persons employed by you is incompetent, has caused delay or has misconduct himself then you, when so directed by us, shall at once remove such persons from the Works and he shall not be employed again on the Works without written permission from us, 2) No variation shall vtite this contract. However all variations must be sanctioned by us or our authorised representative in writing. You have hereby agreed to execute the variation works as soon as practicable after receipt of such written instruction. You shall within seven days from receipt of such instruction notify us ‘of any cost andor schedule consequences arising from such variation. b) Valuation of variation shall be in accordance with the Bills of Quantities so far they are relevant or as practicable. However if any variation cannot be valued using rates in the Bills of Quantities, it shall then be valued based on reasonable rates. This is a firm price contract with no provision for any price fluctuations. All the quantities stated in the Bills of Quantities are provisional and are subject to re- measurement for interim payments and the final account. The final sum for which you would be reimbursed upon the final completion of the Sub-Contract shall be the total of the sum extended from the jointly determined quantities with such related Sub-Contract, rates for all items under this Sub-Contract, plus all approved variations thereof, if any. ‘All debts due to us from you including the recoupment of advance made to you, if any, be it under this Sub-Contract or elsewhere shall be deducted before and from any payment due to you under this Sub-Contract. You shall not be entitled for reimbursement other than at those rates stipulated under this Sub-Contract for executing work beyond the legislated normal working hours or deploying more labour to complete the Works within the agreed Sub-Contract duration. You are responsible to keep the works site clean and tidy as you proceed and on completion remove all your plant and equipment and leave the Works clean and tidy for immediate use by the following trades or for handing over. In the event you fail to comply with this requirement we shall make the necessary arrangement and the cost thereof shall be deducted from the monies which may then be or thereafter become payable to you. You shall maintain the Works until practical completion and thereafter make good all Gefects which may appear within the Sub-Contract Works prior to the expiration of the Defects Liability Period or it's equivalent under the Main Contract. If you shall fail duly to observe or perform any reqirement, instruction, direction or onder of our PIC duly made or given in accordance with the Sub-Contract or shall atherwise fail to fulfil any obligation imposed upon him by the Sub-Contract we may without prejudice to any other rights or remedies we may or by our servants or agents ‘Appendix Vt Sub-Contract ConditionsLOA Ref: CSSB/RE-LSS2/DTUILOAWO/2021-015 Date 20. 24 8 October 2021 remedy such default and all expenses consequent thereon or incidental thereto, shall be bore by you and shall be recoverable from you or we may deduct such expenses from any monies due or which may become due to your or may recover it as a deb, We may at any time, by written notice, direct you to postpone or suspend further performance of the Works or any part thereof. Upon receiving any such notice of postponement/suspension, you shall promptly suspend further performance of the Works for such part thereof and meet with us to discuss the orderly suspension of the Works including providing or taking temporary measures to secure and safeguard the Works or such part thereof with a view to its resumption at a later date, During the period of postponement or suspension you shall properly care for and protect the Works in progress and all construction materials, construction means and temporary construction facilitates. ‘We may at any time instruct you to resume the Works by written notice and you shall immediately resume diligent performance of the Works on the specified date. ‘The time for completion of the Works shall be extended by the actual duration of the postponement or suspension which shall include a reasonable period for remobilsation. If such postponement or suspension causes additional costs to you, the additional costs shall be assessed and agreed on the basis of actual increased cost arising directly from the postponement or suspension provided always any postponement/or suspension not exceeding 3 months shall not entitle you to dim for any additional cost compensation, loss or expense, a) Without prejudice to the other rights of remedies which we may possess if you shall:- 1) become bankrupt or enter into liquidation oF; li) wholly suspend the Works before completion of; iil) fail to proceed with the works in a reasonable, diligent, competent or workmanlike manner; we reserve the right to terminate this Sub-Contract forthwith by notice in writing to you, b) Inthe event of termination, i) you shall reimburse us for any loss or expense incurred by us as a result of the termination pursuant to the preceding sub-clause and we may recover such loss and expense incurred from all monies due to you including any retention money then hald and in the event of such monies being insufficient for this purpose the deficiency shall be recovered as a debt due and owing; ii) you shall promptly deliver to us all documents and other data prepared in connection with the Works whether completed or in progress, together ‘with all documents and other data in your possession. ii) Upon determination of the sum due to you and if such sum shall exceed the sum of all amounts paid plus any other amounts due to us from you, including damages suffered by us on account of the termination or the default giving rise thereto and including all of our claims against you Append Vt Sub-Contract ConditionsLOA Ref CSSB/RE-LSS2/DTUILOAWCI2021-015 Date: 8 October 2021 under the Sub-Contract up to the date of completion of the Works, the balance shall be payable or repayable (in case of overpayment to you); iv) You shall not be entitled to receive any further payment until the Works are completed. Appendix VE Sub-Contract ConditionsLOA Ref: CSSB/RE-LSS2/DTU/LOAWC/2021-015 Date: 8 October 2021 Sub-Contract Works: Anchor And Mooring Line (Balance Of Work} (The Step-In Work) Appendix ‘VII APPENDIX VII ~ LETTER OF UNDERTAKING ON THE EMPLOYMENT OF FOREIGN WORKERSAppendix “VIP (Subcontractor’s Letter Head) Ref Century Supplies Sdn Bhd Unit 705, Block A, Phileo Damansara Il, No.15, Jalan 16/11, 46350 Petaling Jaya, Selangor Darul Ehsan, ATTN : Director Dear Sir, CADANGAN PEMASANGAN SISTEM SOLAR TERAPUNG (60MWa.c) DAN BILIK ELEKTRIK SEPARA KEKAL DI TASIK DANAU TOK UBAN, JAJAHAN PASIR MAS, KELANTAN Ref: Letter of Undertaking - Employment of Illegal W We refer to the above matter. We. (Wame and sddress of Sub-Contractor) hereby undertake as follows: That we will not and shall not keep, employs, hire or harbors any illegal foreign workers within oF in the vicinity of our work site. We further undertake that we shall ensure that all our foreign workers who hold valid work permits. We further undertake that we shall procure our sub- contractors and suppliers shall similarly comply with the above requirements and shall be so liable for the failure of our sub-contractors and suppliers to comply with the same. That we shall not set up any workers settlement for our foreign workers for the Project whether within or in the vicinity of the site. ‘That we shall and shall cause our sub-contractors and suppliers to abide by and strictly comply with the Statutory Regulations & Guidelines, including on the provision on the employment of foreig workers imposed on us, our sub-contractors and suppliers and that we, our sub-contractors and suppliers shall not breach any of the said regulations That we hereby indemnify’ and hold you safe and harmless against any inquiries, responsibilities, costs, claims, proceedings, damages or punitive damages, consequential or otherwise, or any kind of reasons whatsoever that may arise in respect of the breach of the said regulations on our part, our servant, agents, sub-contractors and suppliers, and that we shall be absolutely Tiable in regard to all ijuries to, including death of, any of the illegal foreign workers employed or found to have been employed within the vieinity of our work site Yours faithfully (To be signed by authorised Signatory of Sub-contractor)LOARef CSSB/RE-LSS2/DTUILOAWC)2021.015 Date; 8 October 2021 ‘Sub-Contract Works: Anchor And Mooring Line (Balance Of Work) (The Step-In Work) ‘Appendix ‘VIII’ APPENDIX VIII — HSSE PENALTY SYSTEMLOARef: CSSBIRE-LSS2/DTULONWCI2021-018 “Appendix Vil Date : 8 October 2021 PENALTY SYSTEM TABULATION FOR HSSE NON COMPLIANCE Fist Second Final No __Deserntion of Non - Compliance Bi aH a 7,_| HSSE Commitiee Member not altending Century 200 300 300 |__| Supplies Sdn Bhd HSSE OSH Meeting 2, | Feiled to conduct OSH Monthly Meetings (applicable 200 500 7000 with site registration with JKKP/DOSH) 3, | PPE— Failure to wear PPE such Safety Helmet, Safety | 100 150 200 Vest, Safety Shoes, goggles! shialds., ear! nose protection. etc | Non-Compliance with Century Supplies Sdn Bhd Verba or 200 500 Security Colour Coded System writen Waring 5._| Stealing company belonging or property 200,00 each and Terminati 6._| Possess staling properties or items 3000.00 each and Termin 7. | Unsafe Acts ~ Operations Air compressors without 7000.00 each and stop work order valid permits (PMT) 8. | Unsafe Acts - Engaging mobile cranes without valid 7000100 each and stop work order permits (PMA), Operator Competency, Safety switches and Entry Permits, 9, | Unsafe Acts Unauthorized Passenger - Riding on 10 200 300 and heavy machineries termination 10. | Unsafe Acts - mobile crane, Tower crane, Crawler Verbal or 200 300 and crane without signaiman. writen termination Waning | 71, | Unsafe Acts — Resting under heavy machiner 00 200 300 12. | Unsafe Acts — Riding dangerously, Overorowding, 200 00 750 speeding of Vehicles 73._| Unsafe Acts - fighting among workers 500.00 each and Termination 14._| Unsafe Acts ~ Horseplay while working 500,00 each and Termination 15. | Unsafe Acts ~No fire fighting equipment provided at 700 200 300 ~_| place expose to fire hazard, 46, | Unsafe Acts - Smoking or ealing nol al designated 200 250 300 area 17. | Environmental / Pollution - spilage of diesel and 200 300 500 hydraulic ols ee : 18._| Environmental /Pollution — Open Burning 200 300 500 19. | Environmental /Pollution—Gen-set without steel plate [300 500 750 underneath 20. | Environmental / Pollution - Failure to deploy water 300trip | S00Arip 7a0Kti9 browser as per agreement. 21, | Environmental / Pollution - Poor Housekeeping S07 | 750! Tocation |~ 10007 : location location 22, | Environmental / Pollution - Irregular rubbish collection | 300 500 700 |__| - Rubbish left unattended | Saley and Heath Pena System Review 1/09 Page 1-3LOARef: CSSB/RE-LSS2/DTUILOAWC/2021-018 “Appendix Vil Date 8 October 2021 i Firsl Second Final No Description of Non - Compliance RM RM RM Environmental / Pollution — Discharging waste product 23. | (oil, cement, slury etc) to ground, public drainage, | 500-1000 | 1000-1500 | 1500-3000 within the site | Fogging & larvacidding nat 24. | conducted as scheduled / programmed baa if io Contractor Safety — employing / harbouring illegal 2. | workers! workers wo valid documents ot my on Contractor Safety — Disobey Century Supplies Sdn 26. | hd HSSE Committee Member instruction / direction BY 500 ” Contractor Safety - Disobey Site Safety Officer 27. | instruction direction = bill 500 ta Contractor Safety - Disobey STOP WORK ORDER 28. | issued by Century Supplies Sdn Bhd 1000-1500 | 1500-2000 | 2000-2500 28._[ Contractor Safety - Vandalism 7000-2000 each and Termination a0! Conair Se = Vehicle parked inside Labour fala: | ‘aon eanh | goyresen Contractor Safety - Workers not inducted with CIDOB: | Be | eee Odeach | a0deach | 690each 32._| Contractor Safety — Working without ID card TO0each | 300each | 500each Contractor Safety — worker without NIOSH coupon & 33. | GibB green card 100each | 300each | 500 each 34__| Contractor Safety — No safely sign & inspections Ni 200 500 Contractor Safety — Misconduct including drug abuse : 35. |S afeking 10002000 each and Termination 36._| Contractor Safety — Possess dangerous weapon 1000-2000 each and Termination 37 Spaces Safely — Failed to close NCR/CAR within | 5) 700 7000 Contractor Safety - Gambling, Vice Activilies & 38. | Giiminal Actviies 1000-2000 each and Termination Unsafe Condition — Access / Egress - Ladders not 58. | sufficient / not provided 200 bil foe 40. | Unsafe Condition - Open trenches without barricading | 200 300 500 Unsafe Condition - Excavation more than 1.6m 41 | vithout permits in 200 ial bid 2 nee Conditfon - Open sump without barricading / Na a0 foo 43. | Unsafe Condition — Poor sling and lifting devises. 300 500 700 44, | Unsafe Electrical Condition - No double insulated 3 500 700 1000 core wires, exposed live wires and connections, no 3 | pin plugs, no ELCB 45_| Unsafe Condition - Trenches not"V" shaped/'shoring | 500 700 7000 46. | Unsafe Condition - Open voids /edges 500 700 7000 47. | Unsafe Condition — Unsafe gas oylinder & damage 500 700 1000 |__| cylinder Pee a | 48. | Unsafe Condition - Unsafe storage of gas oylinder | 00 700 1000 ‘Safety and Health Penay System Reviow 1/09 Page 2-3LOARef; CSSB/RE-LSS2/DTU/LOA/WC/2021-015 “Appendix VIII" Date 28 October 2021 First Second Final No Description of Non - Compliance om on bi 49, | Unsale Condon = Unsafe storage chemical 500 700 1000 substances Unsafe Condition ~ Construction access ladder 50. | tr backed 200 500 700 51._| Unsafe Condition - Cylinder without flashback arrestor | 500 700 1000 59, | Uisale Conlon = Machinery equipment without 500 700 1000 any guarding. —_ is 33, | isle Conon = Working Access blocked by 200 500 700 obstruction i G4, | Unsale Condiion = Emergency Access blocked by 500 700 1000 obstruction ‘cident resuling major injury due To negligence, non 55. | compliance of HSSE mater, sabotage and ignorance | 1000 od 3000 Accent resuling fatality due fo negligence, non 56. | compliance of HSSE mater, sabotage and ignorance | 002 | 10.000 15,000 57._| Major Disaster created 50,000 | 500,000 | 1,000,000 ‘Safety and Heath Penalty System Reviow 1/09 Page 3-3LOARef: CSSB/RE-LSS2/DTUILOAWC/2021-016 Date: 8 October 2021 Sub-Contract Works: Anchor And Mooring Line (Balance Of Work) (The Step-In Work) ‘Appendix ‘1x APPENDIX IX - FORMAT OF THE BANK GUARANTEEAppendix ‘x’ FORM OF GUARANTEE FOR PERFORMANCE BOND (TU) CADANGAN PEMASANGAN SISTEM SOLAR TERAPUNG (60MWa.c) DAN BILIK ELEKTRIK SEPARA KEKAL DI TASIK DANAU TOK UBAN, JAJAHAN PASIR MAS, KELANTAN Ref: Date: Guarantee No Beneficiary Name: Century Supplies Sdn. Bhd. (Company Registration No.: §44017-X) Beneficiary Address: Unit 705, Block A, Phileo Damansara Il, 15 Jalan 16/11, 46360 Petaling Jaya, Selangor Applicant Name & Address: Guarantee Amount: Dear Sir, PERFORMANCE BANK GUARANTEE NO. FOR AMOUNT RM. FOR CADANGAN PEMASANGAN SISTEM SOLAR TERAPUNG (60MWa.c) DAN BILIK ELEKTRIK SEPARA KEKAL DI TASIK DANAU TOK UBAN, JAJAHAN PASIR MAS, KELANTAN. (The Guarantee”) We have been informed that (hereinafter called ‘the Applicant) has entered into Contract No. (To insert Contract No /Ref.) dated. with you for the Anchor And Mooring Line (Balance Of Work) (The Step-In Work) For Century Supplies Sdn. Bhd, (‘the Sub-Contract’) in the total value of Ringgit Malaysia only (hereinafter referred to as the Contract price’) Furthermore, we understand that, according to the conditions of the contract, a performance quarantee is required At the request of the Applicant, we (BANK NAME & ADDRESS) (‘the Guarantor’), hereby irrevocably Undertake to pay to you within seven (7) working days any sum or sums not exceeding in total an ‘amount of Ringgit Malaysia upon receipt by us of your first demand in writing notwithstanding any contestation or protest by the Applicant or any other third party and without proof or conditions, Place for Presentation shall be (Name of the Bank and its Address - Must be within Malaysia), This Guarantee is valid from, Unt and ary extension requested by the Beneficiary (hereinafter referred to as ‘the Validity Period’). It is clearly understood and agreed that the Guarantor's obligations and liabilities under this Guarantee shall cease and this Guarantee will not be valid and shall cease to have effect 30 days after the expiry of the Validity Period whether or not this Guarantee is returned to the Guarantor for cancellation and the Guarantor is only obliged to pay under this Guarentee in respect of demands, if any, made by you in writing and received by the Guarantor by close of business on the last day of the Validity Period (if the last day of the Valiity Period falls on a day on which commercial banks in Kuala Lumpur are generally not open for business, then the demand must be made and received by the Guarantor by close of business on the last available day within the Validity Period on which commercial banks in Kuala Lumpur are generally ‘open for business). For the avoidance of doubt, the limitation period prescribed by law commencing any action under this Guarantee shall begin to run from the date of a valid demand on the GuarantorAppendix ‘i FORM OF GUARANTEE FOR PERFORMANCE BOND (OTU) CADANGAN PEMASANGAN SISTEM SOLAR TERAPUNG (60MWa.c) DAN BILIK ELEKTRIK SEPARA KEKAL DI TASIK DANAU TOK UBAN, JAJAHAN PASIR MAS, KELANTAN in accordance with the provisions under this Guarantee and if more than one demand is made, then from the date and to the extent of each demand respectively. This Guarantee is available by your sight draft drawn on us accompanied by your signed statement certifying that the Applicant has failed to observe or perform any of the terms, conditions or provisions including any breach of its obligations, of the Sub-Contract. Further, the failure on your part in making any demand under this Guarantee in accordance with the provisions of this Guarantee shall be deemed to be an act or omission on your part within the meaning of Sections 87 and 92 of the Contracts Act, 1950 (Revised 1974) and amendments thereto, resulting in the Guarantor's discharge from all obligations and liabilities under this Guarantee, The retention of this Guarantee after the expiry of the Validity Period does not confer any rights upon yourselves, Notwithstanding any other provision in this Guarantee, this Guarantee (in its original form) must be presented to the Guarantor simultaneously with any demend for payment hereunder (and wil be returned by the Guarantor after verification where the demand represents a partial drawing hereunder), For the avoidance of doubt, the Guarantor shall have no liability to effect payment hereunder if this Guarantee (in its orginal form) is not so presented to the Guarantor. This Guarantee is transferable or assignable by way of written notice to the Guarantor. This Guarantee is subject to and shall be governed by and constued in accordance with the laws of Malaysia and shall be subject to the exclusive jurisdiction of the Malaysia courts, Yours faithfully,LOARef: CSSB/RE-LSS2/DTU/LOAWC/2021-015 Date: 8 October 2021 Sub-Contract Work: APPENDIX X - FORMAT OF THE ADVANCE PAYMENT BOND IN THE FORM OF DIRECTOR'S GUARANTEE(Format of the Director's Guarantee” to be duly stamped) Date: Beneficiary: Beneficiary's Address: Name of Director: NRIC: Director's Address: Director's Guarantee Ref. Dear Sir/s (hereinafter the Contract") - Director's Guarantee IWe (Director's namels and NRIC) the director/s of (details of the Company) (hereinafter the “Contractor’) having its address at (Co. Address), hereby confirm and deciare that:- (a) Attached hereto marked "Appendix I” are the true, correct and up to date copies of the certificate (s) of incorporation of the company, the company's secretarial forms, namely Form 24, Form 44 and Form 49 of the Contractor thereto; (b) We have not been involved in any petition of bankruptey or insolvency filed against me nor disqualified from acting as director or charged, convicted or a named subject in criminal proceedings, do not have any judgement entered against me involving breach of any law or regulatory requirements or ruling of the court in any corruption or illegal practices: Director Personal Guarantee Format Revi 31.5.2017 pet(©) Attached hereto, marked "Appendix II” Letter of Acceptance Ref. dated between the Company and you for the Project (‘the Contract’) the total value of RM (Ringgit Malaysia ) (hereinafter referred to as the “ Contract Price") 1 In consideration of the due performance of the said Contract awarded to us and as a requirement under the Contract, Ie hereby irrevocably and unconditionally jointly and severally guarantee that the Company shall duly comply and fulfil its obligations under the Contract (the “Guarantee”) and in the event the Company breaches any of its obligations thereto, We hereby undertake to pay to you, the Beneficiary a sum equivalent to five (5%) percent of the Contract Price amounting RM. (Ringgit Malaysia ) thereof upon receipt by us of the first demand in writing by you made via telex, fax, telegram or cable (the Demand") without any contestation, or protest from us and/or any third party under any circumstances or for any reasons whatsoever. 2 \We, further jointly and severally agree that:- (a) The said Demand shall be conclusive evidence that my liability hereunder has accrued in respect of the amount (s) claimed by you; (b) That my/our liability under this Guarantee shall be as principal debtor (s) and we waive all surety and other rights inconsistent with this Guarantee and/or mylour liabilities shall not be discharged, diminished or affected by the granting of time or indulgence to the Company; (©) No forbearance or indulgence granted by you to me / us shall affect my / our liability to you hereunder nor shall any release of or agreement not to sue one of us affect the liability of the other of us hereunder and that this Guarantee shall bind our respective heirs, personal representations, successors in title and assigns and shall not be determined or affected in any way by the resignation, insanity or death of any one of us; (d) Any notice of Demand to me / us under this Guarantee shall be in writing and shall be conclusively deemed to have been duly served if left at my / our address stated herein. If any notice hereunder is delivered by post, it shall be deemed conclusively served within three (3) business days after the date of posting; Director Personal Guarantee Format Revi 31.5.2017(e) The Guarantee is valid from _until the date of Certificate of Completion of Making Good Defects (CMGD) under the Contract (hereinafter referred to as the "Validity Period"). The Guarantor's obligations and liabilities under this Guarantee shall cease and this Guarantee will not be valid and shall cease to have effect after the expiry of the Validity Period; (f) For the avoidance of doubt, the limitation period prescribed by law for commencing any action under this Guarantee shall begin to run from the date of Demand on the Guarantee in accordance with the provisions under this Guarantee; (9) This Guarantee is transferable or assignable by you. (h) This Guarantee is subject to and shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to exclusive jurisdiction of the Malaysian courts, Authorised Signatory Director Director (the remaining of this page is loft blank) Director Personal Guarantee Format Revi 31.5.2017IBU PEJABAT LEMBAGA HASIL DALAM NEGERI MALAYSIA MENARA HASIL PERSIARAN RIMBA PERMA! CYBER 8, 63000 CYBERJAYA 7 ‘STAMP OFFICIAL RECEIPT (Sialexatian est ras selon in ke tas sal cara seboyalbwu penyeterer) Pease nae bis warp ood recog oe rensert es eran warOg (Cara Bayaran PayreniMered TUNA No, Adjudhasl Asean No ssozacr210480999 Jens Surat Cara [CADANGAN PENVASANGAN SISTEIA SOLAR TERE? UNG Type Or nssunere Tart Surat Cara 8710/2021 Date Orinaneret Bolasan Corsdeaton Maitumat Pinak Pertama Penuel/ Pember Fat Pay Ward Tarstor Asser CENTURY SUPPLIES SON BHD, NO SYARIKAT TIDAK BERKENAAR ‘Maklumat Pihak Kedua/ Pernbli Penerima Second Poy /Puctas/ Taste save LWAMIOA CONSTRUCTION, NO SYARIKAT TRO109833.V Busiran Harta / Surateara Posen insure Oeerten TIOAK SERKENAAN Dengan in dsahian srt cara in deem dan dandors sepere madums! 6 brah Tag Wcpins warner stared 70 ese 48 Deo ULE Vx LSE LISI LEE LE LM Yy Yj iiWAHIDA CONSTRUCTION (TRO109639-V) NO. 466, JALAN SATRIA 19, TAMAN SEROM UTAMA, SUNGAI MATI, 84410 TANGKAK, JOHOR, 017-736 4388 / 012-299 4308 wahidaconstruction@gmail.com Date 05" October 2021 Beneficiary Century Supplies Sdn Bhd Beneficiary’s Address: Unit 705, Block A, Phileo Damansara 1), No 1, Jalan 16/11 , 46350, Petaling Jaya, Selangor Darul Ehsan, Name Of Guarantor: Puan Zanna Binti Zameri Ric 890120-23-5056 Director's Address: No 466, Jalan Satria 19,Taman Serom Utama, Sungai Mati,84410, Tangkak, Johor Director's Guarantee Ref : CSSB/RE-LSS2/OTU/LOA/WC/2021-015 Dear Sit/s, CADANGAN PEMASANGAN SISTEM SOLAR TERAPUNG (60MWac) DAN BILIK ELEKTRIK SEPARA, KEKAL DI TAISK DANAU TOK UBAN, JAJAHAN PASIR MAS, KELANTAN. LOA CSSB/RE-LSS2/DTU/LOA/WC/2021-015 (“hereinafter the Contract”) ANCHOR AND MOORING LINE - (Balance of Work) (The Step-in Work) Director's Guarantee 1. ZANNA BINTI ZAMERI (NRIC NO : 890120-23-50S6 ) the director of Wahida Construction { Company No : 1R0109639-V) ("Contractor’) having its address at No 466, Jalan Satria 19, Taman. Serom Utama, Sungai Mati, 84410, Tangkak , Johor , hereby confirm and declare that - a) Attached hereto marked “Appendix 1” are the true , correct and up to date copies of the certificate of ineoporation of the company , namely from D (Kaedah 13), Sijil Perakuan CIDB Malaysia, ijl Perolehan Kerja Kerajaan (SPKK) and Bahagian Pembangunan Kontraktor Dan. Usahawan (BPKU). b) 1 We have not been involved in any petition of bankruptcy orinsolvency fled against me or disqualified from acting as director or charged , convicted or a named subject in criminal proceedings , do not have any judgement entered against me imiolving breach of any law or regulatory requirements or ruling of the court in any corruption or ilegal practices,Director's Guarantee Ref : C5S8/RE-LSS2/OTU/LOA/WC/2021-015 ©) Attached hereto , marked “Appendix i” Letter Of Acceptance Re: CSSB/RE- ss2/DTU/LOA/WC/2023-015 dated 06" October 2021 between the company and you forthe project in the total valve ofA inert Malaysia HRD 11, ) (hereinafter referred to as the " Contract Price’ 1. In consideration of the due performance of the said contact awarded to us and us as requirement under the contract, AWE hereby irrevocably and unconditionally jointly and severally guarantee that the company shall duly comply and fulfil it’s obligations under by contract (* The Guarantee" Jand in the event the company breached any of its cbligetion thereto, /we hereby undertake to pay to you, the beneficiary a sum equivalent to fifteen ( 15 %) percent of the contract, rice amountin, ‘Only} there of upon receipt by us of the first demand in writing by youmnade a lex, fax, telegram, cor cable (" the Demand’) without any contestation , or protest from usand/or any third party under any circumstances or for any reasons whatsoever. 2. We further jointly and severally agree that : ‘A) The said demand shall be conclusive evidence that my lability hereunder has accrued in respect of the amount(s) claimed by you £B) That My/Our liability under this Guarantee Shall be as principal debtor (s) and we waive all surety and other rights inconsistent with this this the guarantee and/or my/our liabilities shall not bbe discharged , diminished or affected or affected by the granting of time or indulgence to the company )No forbearance or indulgence granted by you to me/us shal effect my/our liability to you hereunder nor shall any release of or agreement not to sue one of us affect the liability of the ‘other of us hereunder and this ,this Guarantee shall bind our respective heirs ,personal representatives, successors in title and assigns and shalll not be determine or affection in any way by the resignation insanity or death of any one of us. 1) Any notice of demand to me/us under this Guarantee shall be in writing and shall be conclusive deemed to have been duly served if left at my/our address stated herein. If any notice hereunder is delivered by post, it shall be deemed conclusively served within three (3) business days after the date of posting €) The Guarantee Is valid from 06" October 2021 until the date of Certificate of Completion of ‘Making Good Defects (CMGD) under Contract (hereinafter referred to asthe “Validity Period"), “The Guarantor’s obligations and liabilities under this Guarantee shall cease and this Guarantee will not be valid and shall cease to have effect after the expiry of the Validity Period; F) For the avoidance of doubt, the limitation period prescribed by law commencing any action under this Guarantee shall begin to run from the date of Demand an the Guarantee in accordance with the provisions under this Guarantee; 6G) This Guarantee is transferable or assignable by you.H) This Guarantee is subject to and shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to exclusive jurisdiction of the Malaysian courts Authorised Signatory aun, ZANNA BINT! ZAMERI DIRECTORLOARef CSSB/RE-LSS2/DTUILOAWCI2021-015 Date: 8 October 2021 ‘Sub-Contract Works: Anchor And Mooring Line (Balance Of Work) (The Step-In Work) ‘Appendix °XI' APPENDIX XI - WARRANTIESLOARef: CSSBIRE-LSS2/DTUILOAWC/2021-015 Date; 8 October 2021 ‘Sub-Contract Works: Anchor And Mooring Line (Balance Of Work) (The Step-In Work) ‘Appendix ‘XII’ APPENDIX XII — COMMERCIAL PROPOSAL,‘CADANGAN PEMASANGAN SISTEM SOLAR TERAPUNG (6tNWac) DAN BILIK ELEKTRIK ‘SEPARA KEKAL Ol TASIK DANAU TOK UBAN, JAJAHAN PASIR MAS, KELANTAN ANCHOR AND MOORING LINE (Balanco of Werks) sian em DESCRIPTION BQ PAGE. AMOUNT ORIGINAL CONTRACT AWARDED TO WAHIDA gato 2 Sear | | ‘SUB-TOTAL fo) | EA mz 13 ZRNNA Net) Zhhert AziZUL BN Yugey WAHIDA CONSTRUCTION (TR0109639-¥) NO. 406, JALAN SATAIA 29, sonesseour Ron oraas RODRESSED OF CONTAR'RGRGAI MATIC ADORESSED OF WITNESS 4c10 TANGER JOHOR. pare © 26-4-a6aj ome: 2-9-2031 CoMPaNY's STAMPCADANGAN PEMASANGAN SISTEM SOLAR TERAPUNG (60MWa.c) DAN BILIK ELEKTRIK SEPARA KEKAL OI ‘TASIK OANAU TOK UBAN, JAJAHAN PASIR MAS, KELANTAN ANCHOR AND MOORING LINE (Balance of Work) BILL NO. 1 - PRELIMINARIES tom Descriptions unt | aly Rate (RM) ‘Amount (RM) |The amount inserted by the contractor for such [Preliminaries Kems shall be deemed to apply (othe lwhote of the Works carried out under this Contract h Preliminary tem or Clause shall b idividualy price, Where any Prollminary item or [clause is lft unpriced, it shall be deemed thatthe |cost of such Preliminary tam or Clause have been allowed for elsewhere insurance JErections AIlRisk and Workman Compensaticn insurances have been procured for the averal project |development, ntwihstancing the contractor is Jotigated to procure insurances that is elated to thr scope of works for tre duralcn ofthe construction perio. lpertormance Bond Performance Bond inthe form of Banker's Guarantee om a reliable local Bank wor {'S RM 500,000.00 - Director Guarantee, contract 2 |Rét5c0,000.00 - Performance Bond ) [surveyor The Contracior sha aban the services ofa Licensed Land Surveyor to cary out Survey and setting cut Jcoordinatel location a per consultant requirarrent lupon completion of works, the Contractor chall ngage line same Surveyor to conduct final 2s-bll drawing, [The catited drawings shall be submited tothe lempioyor, [The Contactor shall provice competent and qualities ley ste porsonnet forthe exceution ofthe works lrwoughut contract period Iclesnina Upon Completion [Clearing up the tes on completion ef the works s us ls ls ws TO COLLECTION Li sass