This Agreement is made on the 15th December 2017

BETWEEN

Oerlikon Balzers Coating Malaysia Sdn Bhd a Company incorporated in Malaysia under the
Malaysian Companies Act 1965 with its principal place of business at No. 21 & 23 , Jalan PTP
1/6, Taman Perindustrian Tasik Perdana Puchong, Selangor [Hereinafter referred to as “the
Company” of the first part.]

AND

DUMA CLEANING SERVICES [Business Registration No. 001467261-X] a business

registered in Malaysia under the Malaysian Companies Act 1965 with its principal place of
business at No.46, Jalan BP 5/10, Bandar Bukit Puchong, 47100 Puchong, Selangor
(hereinafter referred to as “the Contractor” of the second part.

(The Company and the Contractor shall collectively be referred to as “Parties” and individually
as “Party”, as the case may be). Any reference to the Contractor shall include its sub-
contractor, employees, agents and/or permitted assignees.

WHEREAS

1. The Company is desirous of appointing a contractor for the purpose of providing to the
Company, with the cleaning services [hereinafter referred to as the “Services”].

2. The Contractor has the relevant skills and is competent to undertake and provide the
Services to the Company.

3. The Company hereby agrees to appoint the Contractor and the Contractor hereby agrees to
provide the Services subject to the terms and conditions hereinafter contained under this
Agreem

NOW IT IS HEREBY AGREED as follows:

1. OPERATIVE PERIOD

1.1 This Agreement shall commence on 15th December 2017 and shall remain in force for
the period of twelve (12) months and shall expire on 15th November 2018, and
thereafter shall be in effect on a month to month basis until time the renewal agreement
is duly executed subject to the terms and conditions of this Service Agreement. The
Company shall at the expiring of the first year have the option to review performance of
the contractor in determining that an extension of twelve (12) months shall be granted
to the Contractor.

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1.2 The Company shall be at the liberty to either terminate or renew the Agreement by
giving one (1) month notice to the Contractor of the Company’s intention.

1.3 In the event that the Company decides to extend this Agreement, the Company shall
give written notice of the extension one (1) month before the expiry of this Agreement.
The extension shall be governed by the same terms and conditions as contained in this
Agreement. Should there be new terms and conditions to the extension period, such
terms and conditions shall be clearly spelt out in the written notice notifying the
Contractor of the extension.

2. CONSIDERATION

2.1 The Company shall pay to the Contractor upon invoicing on monthly basis the total sum
of Ringgit Malaysia ONE THOUSAND AND FOUR HUNDRED ONLY (RM
1400.00) per month being the services rendered to the Company.

2.2 The Company shall pay to the Contractor in full the amount shown on the Contractor’s
invoices within thirty (30) days from the date of receipt of the Contractor’s invoice.

2.3 If and when the Company shall fail and/or refused to carry out the Services required by
this Agreement, the Contractor shall withdraw all services with immediate effect
without the necessity of giving notice to the Company.

2.4 If the Contractor has failed to carry out the Services required by this Agreement, the
Company may give notice to the Contractor of its intention not to pay the monthly
charges accordingly. However, if the Contractor shall fail to carry out the Services
within fourteen (14) days after receiving notice, the Contractor may have the right to
terminate this Agreement; and subsequently has the right to engage a third party to
carry out the Services with all cost incurred to be borne by the Contractor in the form of
reimbursement.

2.5 Payment for the month when a theft or burglary occurred shall be put on hold, pending
investigation to ascertain liabilities of the Contractor.

3. OBLIGATIONS OF THE CONTRACTOR

3.1 The Contractor shall be responsible to provide at the Company’s request One (1) Lady
Cleaner (hereinafter referred to as “workers”) for the purpose of cleaning the premises
under the Company’s instructions; to be provided at the Contractor’s own cost of
labour, material and means of transport as may be necessary to carry out the Services
including arranging the necessary transport for its workers, agents, independent
contractor, representative or franchises to the premises.

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3.2 The Contractor shall at all times ensure that the workers exercise reasonable skill, care
and diligence and maintain the best professional standards in rendering the Services and
provide disciplined and well trained workers to undertake the Services.

3.3 The Contractor shall ensure that the workers be present at the designated premise from
7.30am to 5.00pm from Monday to Friday, whereas Sunday and Public holiday
shall be an off day for the Contractor; the Contractor will be imposed with additional
multipliers for the daily rate for overtime duty on off days; Sundays (2x) & Public
Holidays (2.5x).

3.4 The Contractor shall be responsible to obtain any necessary proper working permit
and/or permission from local authorities for the workers.

3.5 The Contractor shall be fully responsible for its workers and shall provide insurance
coverage for the workers within the period of this Agreement.

3.6 The Contractor shall at its own costs provide and replace as necessary all cleaning
equipment and the relevant cleaning chemicals required for use in observing their duty
as general workers and maintain in good order and repair the fixtures fittings equipment
and furniture;

3.7 The Contractor shall notify the Company of any changes and/or replacement of its
workers agents, independent Contractor, representatives or franchises;

3.8 The Contractor shall at all times ensure that the workers shall under no circumstances
divulge or makes public all Company information and shall abide with the Company
rules and regulations;

3.9 The Contractor shall at all times ensure that the workers have undertaken proper
inoculation and undergone proper medical check-up and are free from any
communicable diseases;

3.10 The Contractor shall ensure that the workers are in their uniforms during their working
hours;

3.11 The Contractor shall, in carrying out or in the attempt to carry out the service provided
under this Agreement be liable or responsible to the Company for any loss, damage of
any nature whatsoever which may be sustained if such loss, damage or injury was due
directly or indirectly to the negligence of the Contractor and/or any of its workers or
agents;

3.12 The Contractor agrees to indemnify the Company against and hold the Company
harmless from any and all claims by any other party resulting from its workers acts,
theft, omission or misrepresentations regardless of the form of action subject to the
provisions of this Agreement; and

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3.13 The Contractor shall ensure that its worker has at all times has properly carried out his
or her duties under this agreement and comply with all safety and security regulations
enforced at the premises.

4. OBLIGATIONS OF THE COMPANY

4.1 The Company shall without any delay pay to the Contractor pursuant to Clause 2 under
this Agreement.

4.2 The Company shall at all times monitor the Contractor to ensure that all duties and
obligations under this Agreement are carried out in an efficient manner.

4.3 The Company shall undertake not to employ any of the Contractor’s workers during the
period of this Agreement except for where the workers have resigned from the
Contractor for more than three (3) months. It is mutually agreed by both Parties that
this Clause shall continue to be valid after expiry of this Agreement.

4.4 The Company shall provide for the storage of the Contractor’s equipment and materials
free of charge.

4.5 The Company shall ensure that the workers, agents, independent contractors,
representatives and franchises of the contractor have full access to the premises at such
time as the Company may in its discretion determine.

5. TERMINATION

5.1 This Agreement may be terminated by either Party in accordance with Clauses 1.2 or
1.3.

5.2 In the event that the Contractor ceases, or threatens to cease or disposes of or threatens
to dispose of all or a substantial part of its business, the Company shall be entitled to
terminate the Agreement.

5.3 In the event of any material breach of any term or condition of the Agreement the Party
not in breach may, as an alternative to immediate termination of the Agreement, serve
notice on the Party in breach requiring the breach to be remedied (if capable of remedy)
within a period specified in the notice, not being longer than 30 days. If the breach has

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6. LIMITATION OF LIABILTY

6.1 The Contractor shall not be liable for:-

(a) Any loss suffered by the Company due to burglary, theft, fire or any other causes
whatsoever except where such loss is caused by negligence of the Contactor's
employees acting in the cause of their employment;

(b) Any failure by the Contractor to carry out the Services by reasons of strikes, lockouts,
labour dispute or other whatsoever beyond the Contractor's control.

6.2 If, pursuant to the provisions set out herein, liability on the part of the Contractor shall
arise (whether under the express or implied terms of this Contract ,or at Common Law or
on in any other way)to the Contractor for any loss or damage of whatever nature arising out
of or connected with provision of, or purported provision of , or failure in provision of the
services covered by this contract ,such liability shall be limited to the payment by the
Contractor by way of damages of a sum:-

i) Not exceeding Malaysian Ringgit Two Thousand (RM 2,000.00) in respect of Any one
claim arising from any duty assumed by the Contractor which involves the operation,
testing, examination, or inspection of the operational condition of any machine, plant or
equipment in or within the Contractor's premises, or which involves the provision of any
services not solely related to the prevention of fire or theft.

ii) Above Malaysian Ringgit Two Thousand (RM 2,000.00) but not exceeding a
Maximum of Malaysian Ringgit Ten Thousand (RM 10,000.00) for the consequences of
any incident involving fire , theft or any other cause of liability in the Contractor under the
terms hereof, and further provided that the total liability of the Contractor shall not in any
circumstances exceed the sum of Malaysian Ringgit One Hundred Thousand (RM
100,000.00) in respect of all and any incident arising during any consecutive period of
twelve (12) months.

iii) If for any reasons either in law or under this Agreement the Contractor shall become
liable to the Contractor for any injury, or damage suffered by the Contractor, the
Contractor's liability by way damages shall be limited to a sum not exceeding Malaysia
Ringgit One Hundred Fifty Thousand (RM 150,000.00) (which sum shall be inclusive of
the Contractor's legal cost) in respect of aggregate of all the Contractor's claims arising any
consecutive period of twelve (12) months.

7. CONTINGENCIES

7.1 No liability hereunder shall result to either party from delay in performance or non-
performance caused by circumstances beyond control of the party affected including,
but not limited to acts of God, fire, flood, war, Government regulations, direction or
request, accident, labour trouble, or shortage of or inability to obtain material,
equipment, or transportation, or in any event for consequential damages.

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8. LEGAL RELATIONSHIP

8.1 The Contractor is in no way the legal representative or agent of the Company for any
purpose whatsoever and has no right or authority to assume or create any obligation of
any kind, express or implied, on behalf of the Company or to bind it in any respect
whatsoever.

9. MODIFICATION

9.1 No renewal or termination hereof, or modification or waiver of any of the provision

herein contained or any future representation, promise or condition in connection with
the subject matter hereof shall be binding upon the Company unless made in writing
and signed or countersigned on its behalf by a director of the Company. A mere
acknowledgment or acceptance or any order inconsistent with the terms if this
Agreement or the making of deliveries pursuant thereto, shall not be deemed an
acceptance or approval of such inconsistent provisions.

10. CONSTRUCTION OF AGREEMENT

10.1 This Agreement contains the entire agreement between the Parties. There are merged
herein all prior and collateral representations, promises and conditions in connection
with the subject matter hereof. Any representation, promise or condition not
incorporated herein shall not be binding upon either party.

11. NOTICES & SERVICE OF LEGAL PROCESS

11.1 Any notice sent under this Agreement shall be served by sending a prepaid telegram,
cable or telex, or by mailing a letter by registered or certified mail, addressed to the
party for who intended at its principal business address stated above. The date of
sending such telegram or letter shall be deemed an acceptance on the date on which
such notice is given.

11. ASSIGNMENT

11.1 Neither this Agreement nor any interest nor any right under this Agreement shall be
assigned or transferred to any party by the Contractor without prior written consent of
the Company.

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12. GOVERNING LAW

12.1 This Agreement shall be construed, and the legal relations between the Parties hereto
determined, in accordance with the laws of Malaysia. The Parties hereby agree to the
exclusive jurisdiction of the Court of Malaysia, for the purpose of hearing and
determining any dispute arising out of this Agreement and for the purpose of
enforcement of any judgment against its assets. The Parties hereby agrees that service
of any writ notice or other document for the purpose of any proceedings in such court
shall be duly served if delivered or sent by registered post to its respective principal
business address.

13. WAIVER

13.1 No failure or delay on the part of the Parties hereto in exercising or in omitting to
exercise any right, power, privilege or remedy accruing to them hereunder upon any
default of the other party shall impair any such right, power, privilege or remedy, or to
be construed as a waiver thereof, or an acquiescence in such default nor shall any action
by any party hereto in respect of any default by the other party or any acquiescence in
any such default affect or impair any right, power, privilege or remedy or any party in
respect of any other or subsequent default.

14. INVALIDITY AND SEVERABILITY

14.1 If any terms or provisions of this Agreement shall become invalid, ineffective,
avoidable, illegal or unenforceable, that terms or provision would not cause the rights
or obligations of any of the Parties hereto to be substantially different from those
contained in this Agreement, would not nullify the underlying intent of this Agreement
and would not require the performance of any obligation to be substantially more
onerous than is provided in this Agreement. If any term or provision is severable in
accordance with this clause, this Agreement shall take effect for all purposes as if that
term or provision were not contained therein and shall not affect the validity or
enforceability of the terms or provisions of the Agreement which shall remain in full
force and effect.

15 MUTUAL COVENANTS

15.1 The Parties may from time to time review the provision of this Agreement with a view
of making any alteration amendment substitution ort variation hereto. Any such
alteration amendment substitution or variation as the case may be shall not be effective
and binding upon the Parties unless made by an instrument in writing and signed by on
or behalf of each of the Parties to this Agreement.

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16. STAMP DUTY

16.1 The Contractor shall bear the cost of stamping of this Agreement.

17. TIME OF THE ESSENCE

17.1 Time wherever stated in this Agreement shall be of the essence of the contract.

18. NO PARTNERSHIP

18.1 Nothing in this Agreement shall create or be deemed to create a partnership or the
relationship of employer and employee between parties.

19. GENERAL

19.1 In entering into this Agreement the Parties hereto recognize that it is impracticable to
make provision for every contingency that may arise in the course of performance any
of the performance of this Agreement. Accordingly the Parties hereto hereby declare it
to be their intention that this Agreement shall operate between them with fairness and
without detriment to the interests of any of them and if in the course of the performance
of this Agreement unfairness to any party is disclosed or anticipated then the Parties
hereto shall use their best endeavors to agree upon such action as may be necessary and
equitable to remove the cause or causes of the same.

19.2 Any dispute or differences arising out of this Agreement or in relation to matters not set
forth in this Agreement shall be settled through the Parties best efforts to settle such
dispute or difference in an amicable manner FAILING WHICH, the parties shall have
the right to seek legal redress on the matter(s) and/or disputes.

THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK

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IN WITNESS WHEREOF the Parties have executed this Agreement as of the day and year
first above written.

The Company

SIGNED BY

For and on behalf of )

Oerlikon Balzers Coating Malaysia Sdn Bhd )

in the presence of : )

……………………………….
Name:
Designation:

……………………………………
Name of Witness:
NRIC No.:

The Contractor
SIGNED BY
Saroja A/P Periasamy
For and on behalf )
Duma Cleaning Services )
(Business Reg. No. 001467261-X) )
in the presence of.: )

…………………………………
Name:
Designation:

………………………………….
Name of Witness:
NRIC No.:

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