Standard Tenancy V4 09 DRAFT

DIGI Telecommunications Sdn Bhd
TA/V4.098
Dated this day of 2008
TENANCY AGREEMENT
Between
LANDLORD & ADDRESS
and
DIGI TELECOMMUNICATIONS SDN BHD

(201283 - M)
Site ID: 1188B

Site Name: Selayang
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TA/V4.098
This Tenancy Agreement made the day and year stated in Section 1 of the
First Schedule hereto
BETWEEN:
The party described in Section 2 of the First Schedule hereto (hereinafter

referred to as “the Landlord”) of the one part
AND
DIGI Telecommunications Sdn. Bhd. (Company No: 201283-M), a private

limited company incorporated in Malaysia and having its registered office at
Level 7, Setia 1, No. 15, Lorong Dungun, Damansara Heights, 50490 Kuala
Lumpur and its place of business at Lot 10, Jalan Delima 1/1, Subang Hi-Tech
Industrial Park, 40000 Shah Alam, Selangor Darul Ehsan (hereinafter referred to
as “the Tenant”) of the other part.
(The Landlord and the Tenant are hereinafter collectively referred to as “Parties”
or individually referred to as “Party”).
ARTICLE I
RECITALS
1.1 License to operate
The Tenant is licensed to establish, operate and maintain a mobile cellular

telephone network and provide mobile cellular telephone services in
Malaysia.
1.2 Installation of base transceiver stations
The Tenant’s mobile cellular network requires base transceiver stations to

be installed in various areas throughout the country for the purpose of
transmitting and receiving radio transmissions of users and subscribers of
the mobile cellular telephone network.
1.3 The Said Land
The Landlord is registered and/or beneficial proprietor of all that piece of

land which is more particularly described in Section 3(a) of the First
Schedule hereto (hereinafter referred to as “the Said Land”) together
with the building which is more particularly described in Section 3(b) of
the First Schedule hereto (hereinafter referred to as “the Building”) and
the Said Land and Building shall hereinafter be collectively referred to as
“the Property”.
1.4 Demised Premises
The Tenant is desirous of renting a small part of the Building, which is

more particularly described in Section 4 of the First Schedule hereto
(hereinafter referred to as “the Demised Premises”) to install such base
transceiver station facility including a small part of the roof top of the
Building for the installation of antennas and/or any other Equipment,
installations or devices subject to the terms and conditions herein
contained.
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ARTICLE II
INTERPRETATION AND DEFINITION
2.1 Definition
Wherever used in this Agreement, unless the context shall otherwise

require, the following expressions shall have the following meanings:-
“Appropriate Authority” means any governmental, semi- or quasi-

governmental and/or statutory departments,
agencies, or local government, governmental
bodies or any other bodies duly appointed by
any of such bodies.
“Building” shall mean the building constructed on the Said

Land, which is more particularly described in
Section 3(b) of the First Schedule hereto.
“Commencement Date” shall mean the date as stipulated in Section 2

of the Second Schedule hereto.
“Demised Premises” shall mean the part of the Building, which is

more particularly described in Section 4 of the
First Schedule hereto.
“Deposits” shall mean the Rental Deposit and the Utility

Deposit.
“Equipment” shall mean any telecommunications equipment

including but not limited to base transceiver
stations belonging to the Tenant.
“Expiry Date” shall mean the date as stipulated in Section 3

of the Second Schedule hereto.
“Landlord” shall mean the party whose name and address

are stated in Section 2 of the First Schedule
hereto.
“Monthly Rental” shall mean the rental sum as stipulated in

Section 4 of the Second Schedule hereto
which is payable by the Tenant to the Landlord
in the manner and in accordance with Section
5 of the Second Schedule hereto.
“Rental Deposit” shall mean the sum as stipulated in Section

6(a) of the Second Schedule hereto.
“Said Land” shall mean the land, which is more particularly

described in Section 3(a) of the First
Schedule hereto.
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“Term” shall mean the period of this tenancy granted

under this Agreement, which is more particularly
stated in the Section 1 of the Second
Schedule hereto.
“Utility Deposit” shall mean the sum as stipulated in Section

6(b) of the Second Schedule hereto.
“Working Day” shall mean the day, which is not a gazette

national public holiday, and when the banks
open for business.
2.2 General Interpretation
2.2.1 In this Agreement, except to the extent that the context otherwise
requires, words denoting the singular number shall include the
plural, individuals shall include corporations and any gender shall
include each other gender and vice versa.
2.2.2 All references in this Agreement to “RM” [Ringgit Malaysia] shall,

unless otherwise specified, be construed as to references to the
currency of Malaysia.
2.3 Reference to Statute
Each reference in this Agreement or its Schedules, to an Act of Parliament,

regulation or ordinance, or to any section of provision thereof, shall be
read as though the words “or any statutory modification or re-enactment
thereof or any statutory provision substituted therefore and regulations,
ordinances, by-laws and other statutory instruments promulgated or
issued thereunder were added to such reference.
2.4 Headings and Marginal Notes
2.4.1 The paragraph headings in this Agreement have been inserted for
the purpose of convenience of reference only and shall have no
effect whatsoever on the meaning, interpretation or construction of
the provisions hereof.
2.4.2 All references in this Agreement to Parties, Recitals, Clauses and

Schedules shall, unless otherwise expressly provided, be to the
parties for the time being to this Agreement and to the Recitals,
Clauses and Schedules of or to this Agreement, as the case may be.
ARTICLE III
TENANCY
3.0 Agreement to Let
The Landlord hereby grants and the Tenant hereby accepts the tenancy of
the Demised Premises for the duration of the Term, which shall commence
on the Commencement Date and shall expire on the Expiry Date with a
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Monthly Rental payable in advance by the Tenant to the Landlord in the

manner described in Section 5 of the Second Schedule.
ARTICLE IV
DEPOSIT
4.1 Deposit
The Tenant shall pay to the Landlord the Deposit in the manner stipulated
in Section 7 of the Second Schedule hereto being the deposit as
security for the due observance and performance by the Tenant of the
terms and conditions of this Agreement.
4.2 Deposit to be maintained
The Deposit shall be maintained during the Term hereby created and shall
not without the prior written consent of the Landlord first had and
obtained be deemed to be or treated as payment of or towards rental
hereunder and upon the expiration, termination or sooner determination
of the Term hereby created the same shall be returned forthwith to the
Tenant free of interest less such sum owing to the Landlord.
4.3 Refund of the Deposit
The refund of the Deposit free of interest as stated in Clause 4.2 above
shall be made by the Landlord within seven (7) days from the date of
written notice issued by the Tenant, failing which, any sum or sums due
hereunder shall be construed as debt due by the Landlord to the Tenant.
ARTICLE V
RENT AND ASSESSMENT
5.1 Rent
The Tenant hereby agrees that the Tenant shall pay the Monthly Rental to
the Landlord in the manner stipulated in Section 5 of the Second
Schedule hereto. The Monthly Rental is deemed to be inclusive of all
bank charges/commission in the event that the payment is effected by
cheque.
5.2 Increase in rent
The Parties hereby agree that the rent for the second term of this tenancy
exercisable under the option granted pursuant to Clause 9.5 herein shall
be determined in accordance with Section 9 of the Second Schedule
hereto.
ARTICLE VI
COVENANTS BY THE TENANT WITH THE LANDLORD
6.1 Payment of Monthly Rental
The Tenant shall pay the Monthly Rental and other sums payable under
this Agreement in the manner as provided in Section 5 of the Second
Schedule.
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6.2 Payment of Other Charges
The Tenant shall promptly pay all charges in respect of electricity and all
relevant charges incurred by the Tenant for the operation of the base
transceiver station and/or any other Equipment, installations or devices
installed on the Demised Premises, subject to the method of payment to
be agreed between the Landlord and the Tenant or if none has been
agreed, subject to the manner as provided in Section 5 of the Second
Schedule.
6.3 Inspection
The Tenant shall permit the Landlord or its agents with or without
workmen at all reasonable times with prior notice to the Tenant to enter
upon and examine the condition of the Demised Premises and permit the
Landlord to execute such repairs as the Landlord deems necessary,
subject to the terms and conditions of this Agreement.
6.4 Alterations and renovation
The Tenant shall not make or permit to be made any alterations in or

additions to the Demised Premises without the prior written consent of the
Landlord which consent shall not to be unreasonably withheld, if any of
such alterations or additions is necessary for the installation of the
Tenant’s Equipment, installations or devices.
6.5 Use of the Demised Premises
The Tenant shall not use the Demised Premises for any purpose other
than for the purpose as stipulated in Section 5 of the First Schedule.
6.6 Prohibition Against Assignment
6.6.1 Subject to Clause 8.4 herein, the Tenant shall not sub-let, assign or
part with the possession of the Demised Premises without the prior
written consent of the Landlord, which consent shall not be
unreasonably withheld, provided such restriction shall not apply in
situation of co-sharing with other telecommunication operators
where no financial consideration are involved.
6.6.2 Notwithstanding the above, the Landlord shall allow the Tenant to
sub-let, assign or part with the possession of the Demised Premises
to the Tenant’s subsidiaries without the prior written consent of the
Landlord.
6.7 Vacating of the Demised Premises
The Tenant shall on the expiration of the Term or termination of this

tenancy remove all of the Tenant’s Equipment, installations or any other
devices which may have been installed on the Demised Premises and
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peacefully yield up the Demised Premises in good and tenantable

condition, fair wear and tear excepted.
ARTICLE VII
COVENANTS & REPESENTATIONS BY THE LANDLORD
7.1 Covenants, Representations & Warranties by the Landlord
7.1.1 The Landlord hereby covenants, undertakes, warrants and

represents to and with the Tenant to the intent that such
declarations, representations and warranties shall remain in full
force and effect until the completion of the term of the Tenancy as
follows :
(a) that the Landlord is the registered and/or beneficial owner of

the Said Property;
(b) that the rental to be paid herein is the actual amount to be

received by the Landlord and it has not been adjusted or
marked up to provide any form of incentive or commission to
any intermediary or intermediaries.
(c) that there is no impediment exists which would impede,

prevent, affect or obstruct the entering of this Agreement
between the Landlord and the Tenant;
(d) that to the best of his knowledge, information and belief the
Said Property is not subject to any acquisition proceedings
and no acquisition proceedings are pending or contemplated
in respect thereof;
(e) that the Landlord (where applicable) is not a bankrupt and no

bankruptcy proceedings have been commenced and/or are
threatened or pending against the Landlord as at the date
hereof or that (where applicable) no winding-up petition has
been served on the Landlord;
(f) that the Landlord will not contravene any law nor breach any
contractual obligation on the Landlord’s part whatsoever by
entering into this Agreement;
7.1.2 It is hereby agreed that in the event there is a breach of covenants,

undertakings, representations or warranties hereof, the Landlord
shall rectify the said breach within twenty one (21) days of the
Tenant’s notice requiring such rectification, failing which the Tenant
shall be entitle to terminate the Agreement. Pending rectification of
the breach by the Landlord, all the Tenant’s obligations under this
Agreement shall be suspended.
7.2 Payment of the Outgoings
7.2.1 The Landlord shall pay all quit rent, assessment or other rates
including any increased thereof now or to be imposed on or payable
on the Said Land and/or the Demised Premises.
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7.2.2 In the event the Landlord fails, neglects and/or omits to do the
same the Landlord agrees that the Tenant has the absolute
discretion to pay on behalf of the Landlord and recover the same
from the Landlord directly or to contra the amount due from the
Monthly Rental or Rental Deposit or Utility Deposit.
7.3 Electricity Source
The Landlord shall permit the Tenant to utilize or connect an electricity

source to the Demised Premises to enable the proper operation and
functioning of any of the Tenant’s Equipment, installations or devices.
7.4 Free, Continuous and Uninterrupted Access
The Landlord shall grant the Tenant the sole and absolute right to a free,
continuous and uninterrupted access of twenty-four (24) hours for each
day during the Term to the Demised Premises for the purposes of enabling
the Tenant’s employees and/or agents to install, check, test, maintain,
repair or service any of the Tenant’s Equipment, installations or devices.
The Landlord shall provide a contact person as provided in Part 6 of the
First Schedule to be responsible for the accessibility of the Demised
Premises to the Tenant.
7.5 Quiet Enjoyment
The Landlord shall allow the Tenant quiet and peaceful enjoyment of the
Demised Premises during the Term or the renewed term without any
interruption or disturbance by the Landlord or any other third party for
whatsoever reason.
7.6 Duty to Inform
The Landlord shall:-
7.6.1 inform the Tenant should any person or party intend to commence
any similar business as the Tenant or install a base transceiver
station or any similar equipment, installations or devices similar to
that of the Tenant on the Demised Premises;
7.6.2 inform the Tenant of the erection of any new structure of any kind
whatsoever which would or might interfere with or disrupt the
operations and transmissions of any of Equipment, installations or
devices installed or to be installed from time to time in the Demised
Premises by the Tenant.
7.7 Duty to Insure
The Landlord shall insure and keep insured the Building and/or the
Demised Premises (excluding the Tenant’s Equipment, installation, device,
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fixture, furniture, fittings or other property which shall be insured by the

Tenant at the Tenant’s own cost and expense) from loss or damage by fire
and such other risks as the Landlord may deem expedient.
7.8 Not to Tamper
The Landlord shall not at any time tamper with any of the Tenant’s
Equipment, apparatus, installations or devices or disconnect the power
source required to operate any of the Tenant’s Equipment, installation or
device.
7.9 Not to Withhold Consent
The Landlord shall not unreasonably withhold consent from the Tenant in
respect of alterations or additions to be made to or erected on the
Demised Premises for the purposes of installing any Equipment,
installations or devices essential to the operation of the Tenant’s business.
7.10 Duty to Repair
The Landlord shall repair the Property in the event the Building has
structural damage or is leaking.
7.11 Indemnity
7.11.1The Landlord agrees to indemnify the Tenant on a full indemnity

basis for all losses, costs, expenses, liabilities and damages which
the Tenant would suffer as a result of any summonses, orders,
notices or otherwise which the Landlord has defaulted with the
authorities.
7.11.2The Tenant agrees to indemnify the Landlord on a full indemnity
basis for all losses, costs, expenses, liabilities and damages which
the Landlord would suffer as a result of the Tenant installing the
base transceiver station prior to obtaining the approval from the
Local Authorities.
7.12 New Owners Bound
In the event the Property is sold, the Landlord irrevocably undertakes that
the Property is sold subject to this tenancy for duration of the first three
(3) years of this tenancy and the new owners are bound by the terms and
conditions of this tenancy as if they were the original Landlord.
7.13 Tenant’s Equipment
The Landlord hereby acknowledges and agrees that any Equipment,

installations or devices installed and/or kept on the Demised Premises
belongs to the Tenant absolutely.
7.14 Landlord’s authorization to Tenant to sign documents
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The Landlord agrees to authorize the Tenant the rights to sign all
documents for the sole purposes of legalizing the setting up of
telecommunications infrastructure with the Appropriate Authorities for and
on behalf of the Landlord.
ARTICLE VIII
MUTUAL COVENANTS
8.1 Claim
In the event that any claim, suit, proceeding, demand or action made by a
Party against the other Party or any refund sought by a Party from the
other Party under this Agreement shall be required to be recovered
through any process of law or to be placed in the hand of solicitors or
agents for collection, the Party against whom the claim, suit, proceeding,
demand or action is made or against whom a refund is sought shall pay
any and all expenses, losses, damages, cost and fees including, but not
limited to, all legal fees on full indemnity basis incurred by the claiming
Party or the Party seeking the refund in respect of such recovery or
collection of the claim or refund.
8.2 Insurance
Both Parties shall not do any thing whereby any insurance effected by a
Party (hereinafter referred to as “the claiming Party”) in respect of the
claiming Party’s property against loss or damage by fire may be rendered
void or voidable or whereby the premium for any such insurance may be
liable to be increased and shall pay to the claiming Party upon written
demand from the claiming Party within seven (7) days thereof all sums
paid by the claiming Party by way of increased premium and all losses or
expenses sustained or incurred by the claiming Party in respect of such
policy or policies as result of non-observance of this clause by the other
Party (hereinafter referred to as “the defaulting Party”) without prejudice
to other rights and remedies which the claiming Party may have against
the defaulting Party.
8.3 Legal Proceedings
In the event there is legal proceeding, suit or claim of any nature

whatsoever instituted against the Landlord by any relevant authorities for
default committed by the Tenant, the Landlord shall approve and consent
to the appointment of the solicitors arranged by the Tenant to act for and
on behalf of the Landlord for the purpose of defending the Landlord in the
said proceeding, suit or claim and all cost and expenses incurred shall be
borne by the Tenant.
8.4 Sharing with Other Operators
In the event the Tenant is desirous of sharing any of his

telecommunications facilities and/ or telecommunications infrastructure
on the Demised Premises with other telecommunications operator(s)
(hereinafter referred to as “Joint-Operators”), including co-operating with
each other to establish an infra-sharing arrangement, the Landlord shall
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have no objections whatsoever to such infra-sharing arrangement and

shall allow and permit the Joint-Operator(s) to share the
telecommunications facilities and/or telecommunications infrastructure at
no extra cost and/ or rental to the Tenant or the other telecommunications
operator(s). In the event of such infra-sharing, the Landlord shall also
allow the Joint-Operators right of way and/or easement to the Demised
Premises. During the Term of this Tenancy Agreement, the Landlord shall
not negotiate with the other telecommunications operator(s) by
whatsoever means for the purpose of taking over the tenancy from the
Tenant.
ARTICLE IX
DETERMINATION/TERMINATION
9.1 Early Determination
Notwithstanding the provisions for the Term of this tenancy, the Tenant
shall have the absolute discretion to exercise its option to terminate this
tenancy before the Expiry Date upon:-
9.1.1 the expiry cancellation or suspension of the permit or consent

issued to the Tenant by the relevant authorities to conduct its
business in telecommunication;
9.1.2 the requisite approvals for the installation of any of the Tenant’s
equipment or its telephone trunking or cabling facilities and/or the
construction/erection and/or the renewal of the operation of any of
the Tenant’s installation or device cannot be obtained or cannot be
reasonably expected to be obtained for whatsoever reason, or are
restricted in any law (whether temporary or otherwise) either by
law, Order, Ordinance or Regulation applicable in Malaysia; or
9.1.3 the Tenant’s quiet and peaceful enjoyment of the Demised

Premises during the Term or the renewed term is interruption or
disturbance by any third party.
9.1.4 any buildings, structures or works of any nature or kind whatsoever

are erected in the vicinity of the Demised Premises or any part
thereof which screen, shield or interfere with the signals
transmitted or received by any of the Tenant’s Equipment,
installation or device; or
9.1.5 the Demised Premises is found to be unsuitable for the operation of

the Tenant’s Equipment, installations or devices; or
9.1.6 the operation of any of the Tenant’s Equipment, installations or

devices becomes difficult, unsuitable or impossible for any reason
whatsoever beyond the control of the Tenant; or
9.1.7 the Demised Premises or the operation of the Tenant’s Equipment

at the Demised Premises is taken over or instructed to be taken
over by a State appointed entity
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then, notwithstanding the provisions herein, the Tenant shall have the
right forthwith to terminate this Agreement without indemnity of any
nature and be discharged of any obligation hereunder, by giving
THREEONE (31) months’ written notice to the Landlord whereupon the
Tenant shall at its own expense remove all of the Tenant’s Equipment,
installations or devices and vacate the Demised Premises, and thereafter
the Landlord shall not later than seven (7) days after the receipt of the
notice of early termination refund to the Tenant any rental which has been
paid in advance and the Deposit free of interest.
9.2 Termination
If any covenant on the Tenant’s part herein contained shall not be

performed or observed or the Tenant shall enter into compulsory or
voluntary liquidation otherwise than for the purpose of reconstruction or
amalgamation or if any distress or execution shall be levied on the
Demised Premises then and in such case the Landlord shall be entitled to
give written notice to the Tenant to remedy such breach or non-
observance within twenty-one (21) days, and if the Tenant neglects or
refuses to remedy such breach or non-observance, then the Landlord shall
have the right to forthwith terminate this Agreement by giving THREE (3)
months’ written notice to the Tenant and it shall be lawful for the Landlord
at any time thereafter to re-enter upon the Demised Premises or any part
or parts thereof in the name of the whole and thereupon this tenancy shall
absolutely cease and determine and the Deposit shall be absolutely
forfeited to the Landlord.
9.3 Force Majeure
If the Demised Premises or any part thereof shall be damaged or

destroyed by fire or other risks so as to render the Demised Premises unfit
for use (except where such fire or other risks has been caused by the
default or negligence of the Tenant or its servants or agents) the Monthly
Rental hereby reserved shall be suspended until the Demised Premises
shall again be rendered fit for occupation and use PROVIDED that in the
event of total destruction of the Demised Premises the Tenant shall be
entitled to summarily terminate this tenancy. In the event the Landlord
deciding not to rebuild or reinstate the damage portion of the Demised
Premises or any part thereof, or the Tenant deciding not to continue with
this tenancy, then the Monthly Rental hereby reserved shall cease and
this tenancy shall determine from the happening of such destruction or
damaged as aforesaid and the Tenant shall peaceably and quietly leave,
surrender, vacate, deliver and yield up possession of so much of the
Demised Premises as shall not have not been destroyed (fair wear and
tear excepted) and the provision of Clause 4.3 shall apply.
9.4 Early Termination
The Parties hereby agreed that in the event of early termination of the
Term hereby created or the renewed term (if any) by:-
9.4.1 the Tenant, other than those provided under Clause 9.1 and 9.3,
then the Tenant shall pay to the Landlord a sum equivalent to the
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Monthly Rental for the unexpired term and the Landlord shall at its
own absolute discretion forfeit the Deposit.
9.4.2 the Landlord, other than those provided under Clause 9.2 and 9.3,
then the Landlord shall pay to the Tenant a sum equivalent to the
Monthly Rental for the unexpired term and a further sum equivalent
to the Deposit as agreed liquidated damages.
9.5 Option to Renew
In consideration of rental payable by the Tenant under this Agreement and

no existing breach of all the covenants and terms on the part of the
Tenant hereinafter contained, the Landlord shall grant to the Tenant the
option to renew this tenancy for such number of terms and conditions as
specified in Section 8 of the Second Schedule hereto.
9.6 Option to Purchase
In consideration of the rental payable by the Tenant under this Agreement

and the mutual covenants contained herein, the Landlord hereby grants to
the Tenant the right of first refusal in the event that the Landlord intends
to sell the Property at a price to be determined by two (2) independent
reputable and certified valuers.
ARTICLE X
MISCELLANEOUS
10.1 Illegality
In the event that one or more of the provisions contained in this

Agreement shall for any reason be held to be unenforceable, illegal or
otherwise invalid in any respect under the law governing this Agreement
or its performance, such unenforceability, illegality or invalidity shall not
affect the remaining provisions of the relevant clause(s) or any other
provisions of this Agreement and this Agreement shall then be construed
as if such unenforceable, illegal or invalid provisions had never been
contained herein.
10.2 Successor-in-title
This Agreement shall bind the successors-in-title permitted assigns of the

Landlord and the Tenant.
10.3 Entire Understanding
This agreement supersedes all prior agreements, arrangements and

undertakings between the parties and constitutes the entire agreement
between the parties relating to the Project. No addition to or modification
of any provisions of this agreement shall be binding upon the parties
unless made by written instrument signed by a duly authorised
representative of both parties.
10.4 Cost
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Each Party shall bear its own solicitor’s costs but the Tenant shall bear the
costs of stamping this Agreement.
10.5 Time
Time wherever mentioned in this Agreement shall be of the essence.
10.6 Governing Laws & Jurisdiction
10.6.1This Agreement shall be governed by and construed in all respects

in accordance with the laws of Malaysia.
10.6.2In relation to any legal action or proceedings to enforce this

agreement or arising out of or in connection with this agreement
(“hereinafter referred to as “Proceedings”) each of the parties
irrevocably submits to the jurisdiction of the High Court of Kuala
Lumpur (hereinafter referred to as “the Court”) and waives any
objection to Proceedings in the Court on the grounds that the
Proceedings have been brought in an inconvenience forum.
10.7 Compulsory Acquisition
In the event that the Said Land and/or Building and/or Demised Premises
or any part thereof shall during the duration of the Term be or become
affected by any notice of acquisition or intended acquisition under the
Land Acquisition Act, 1960 or other legislation in Malaysia, the Landlord
shall immediately give written notice thereof to the Tenant and the Tenant
shall be entitled to terminate this tenancy herein with effect from the date
of notice of acquisition or intended acquisition whereupon the Landlord
shall forthwith refund to the Tenant the Deposit in accordance with the
provisions of Clause 4.3.
10.8 Notices
10.8.1Any notice, consent, or other communication required or permitted

to be given to either party pursuant to this Agreement shall be in
writing and shall be sufficiently served if delivered personally or
sent by post to:-
(a) If to the Tenant to:-

DiGi Telecommunications Sdn Bhd
Lot 10, Jalan Delima 1/1,
Subang Hi-Tech Industrial Park,
40000 Shah Alam, Selangor Darul Ehsan
Attention of Ms. Ash Ling
(b) If to the Landlord, to the address as provided in Section 2 of the

First Schedule.
or to such other address as either party may notify to the other Any
communication which is delivered or sent by fax shall be deemed to
have been served on the date of delivery or date of receipt of the
post/letter.
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10.8.2Any notice and/or communication is, in the absence of contrary

evidence, deemed to be received:-
10.8.2.1 in the case of a posted letter, on the third day after

posting; and
10.8.2.2 in the case of facsimile, on production of a

transmission report by the machine from which the
facsimile was sent which was indicated that the
facsimile was sent in its entirety to the facsimile
number of the recipient; and
10.8.2.3 in the case of a notice and/or communication left at

the address of the addressee, at the time the notice
and/or communication was so left.
10.9 Special terms
This Agreement shall be subject to such other express terms and

conditions (if any) as may be mutually agreed between the Tenant and
the Landlord as specified in the Third Schedule. In the event of any
conflict or inconsistency between the provisions contained in this
Agreement and the provisions contained in the Third Schedule, the
provisions contained in the Third Schedule shall prevail.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF the parties have executed this Agreement on the day and
year first written above.
SIGNED by )
for and on behalf of )
the Landlord )
in the presence of :- ) ___________________________
NAME:
NRIC:
Company Stamp:
__________________________
Witness Name :
NRIC No. :
SIGNED by )
for and on behalf of )
DIGI Telecommunications Sdn. Bhd. )
in the presence of :- )
___________________________
__________________________
Witness Name :
NRIC No. :
[This is the execution page of Tenancy Agreement between Landlord Name

and DIGI Telecommunications Sdn. Bhd.]
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FIRST SCHEDULE
(to be read and construed as an integral part of this Agreement)
Section Description Particulars
1. The day and year of this

Agreement
2. The name and address of the LANDLORD NAME AND ADDRESS

Landlord
Telephone & Fax of the Contact Person:

Landlord: 016-
03-
(a) Mobilephone 03-
(b) Fixed Line
(c) Fax Line
3. (a) The particulars of the said

The land held under:
Land Lot No:
Mukim:
(b) The particulars of the Daerah:
Building Negeri: SELANGOR DARUL EHSAN.
Site Address
4. The particulars of the Demised Part of rooftop and space at

Premises Lot No:
Mukim:
Daerah:
Negeri: SELANGOR DARUL EHSAN.
Site Address
5. Use of the Demised Premises The Demised Premises shall be

used for installing and
maintaining a base transceiver
station, which shall comprise
communication equipment
apparatus, installation or
device required for the
operation of the Tenant’s
cellular telephone network.
6. Contact person (pursuant to
17
TA/V4.098
Clause 7.4)
Name:
Mobile no:
Office no:
Designation:
SECOND SCHEDULE
Section Description Particulars
1. The Term Three (3) Years
2. Commencement Date 1st May 2008
3. Expiry Date 30th April 2011
4. Monthly Rental Ringgit Malaysia One Thousand

Only (RM1,000.00)
Bank account for the
deposition of the Monthly
Rental:
(a) Bank
(b) Branch
(c) Account name
(d) Account number
5. Manner of payment of the Monthly rental payments

Monthly Rental payable in advance within the
first seven (7) Working Days
from the beginning of each
month.
6. The Deposit
Ringgit Malaysia ThreeThousand
(a) Rental Deposit Only (RM3,000.00)
(b) Utility Deposit NIL
7. Manner of payment of the Within fourteen (14) Working

Deposit Days from the execution of the
Tenancy Agreement
18
TA/V4.098
8. The duration for the renewed Three (3) years

term (Clause 9.5)
9. The rent payable for the Prevailing market value but

renewed term, (Clause 5.2) shall not exceed ten percentum
(10%) of the last preceding
rental.
19
TA/V4.098
THIRD SCHEDULE
SPECIAL TERMS
Nil
20

Standard Tenancy V4 09 DRAFT

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Standard Tenancy V4 09 DRAFT

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DIGI Telecommunications Sdn Bhd

Dated this day of 2008

LANDLORD & ADDRESS

DIGI TELECOMMUNICATIONS SDN BHD

Site ID: 1188B

The party described in Section 2 of the First Schedule hereto (hereinafter

DIGI Telecommunications Sdn. Bhd. (Company No: 201283-M), a private

The Tenant is licensed to establish, operate and maintain a mobile cellular

1.2 Installation of base transceiver stations

The Tenant’s mobile cellular network requires base transceiver stations to

1.3 The Said Land

The Landlord is registered and/or beneficial proprietor of all that piece of

1.4 Demised Premises

The Tenant is desirous of renting a small part of the Building, which is

Wherever used in this Agreement, unless the context shall otherwise

“Appropriate Authority” means any governmental, semi- or quasi-

“Building” shall mean the building constructed on the Said

“Commencement Date” shall mean the date as stipulated in Section 2

“Demised Premises” shall mean the part of the Building, which is

“Deposits” shall mean the Rental Deposit and the Utility

“Equipment” shall mean any telecommunications equipment

“Expiry Date” shall mean the date as stipulated in Section 3

“Landlord” shall mean the party whose name and address

“Monthly Rental” shall mean the rental sum as stipulated in

“Rental Deposit” shall mean the sum as stipulated in Section

“Said Land” shall mean the land, which is more particularly

“Term” shall mean the period of this tenancy granted

“Utility Deposit” shall mean the sum as stipulated in Section

“Working Day” shall mean the day, which is not a gazette

2.2 General Interpretation

2.2.2 All references in this Agreement to “RM” [Ringgit Malaysia] shall,

2.3 Reference to Statute

Each reference in this Agreement or its Schedules, to an Act of Parliament,

2.4 Headings and Marginal Notes

2.4.2 All references in this Agreement to Parties, Recitals, Clauses and

Monthly Rental payable in advance by the Tenant to the Landlord in the

4.2 Deposit to be maintained

4.3 Refund of the Deposit

6.1 Payment of Monthly Rental

6.2 Payment of Other Charges

6.4 Alterations and renovation

The Tenant shall not make or permit to be made any alterations in or

6.5 Use of the Demised Premises

6.6 Prohibition Against Assignment

6.7 Vacating of the Demised Premises

The Tenant shall on the expiration of the Term or termination of this

peacefully yield up the Demised Premises in good and tenantable

7.1 Covenants, Representations & Warranties by the Landlord

7.1.1 The Landlord hereby covenants, undertakes, warrants and

(a) that the Landlord is the registered and/or beneficial owner of

(b) that the rental to be paid herein is the actual amount to be

(c) that there is no impediment exists which would impede,

(e) that the Landlord (where applicable) is not a bankrupt and no

7.1.2 It is hereby agreed that in the event there is a breach of covenants,

7.2 Payment of the Outgoings

7.3 Electricity Source

The Landlord shall permit the Tenant to utilize or connect an electricity

7.4 Free, Continuous and Uninterrupted Access

7.5 Quiet Enjoyment

7.6 Duty to Inform

The Landlord shall:-

7.7 Duty to Insure

fixture, furniture, fittings or other property which shall be insured by the