TEMPORARY OCCUPATION LICENCE AGREEMENT

This Licence Agreement made on the ____________ day of                20               Between Housing & Development Board with its office at HDB Hub, 480 Lorong 6 Toa Payoh, Singapore 310480 ("the HDB") AND ___________________________ A BODY CORPORATE INCORPORATED IN SINGAPORE AND HAVING ITS REGISTERED OFFICE AT _______________________________________(“the Licensee”).

WHEREAS HDB has agreed to grant to the Licensee the use of the premises at _______________________________________________ ("the premises") upon the terms and conditions mentioned hereinafter.

NOW IT IS HEREBY AGREED as follows:
1.
(a) This Agreement shall be for a term of one year (1) commencing on the ________________unless terminated in accordance with the terms of this Agreement.
(b) This Agreement does not create a tenancy and shall not give the Licensee the exclusive right to the use and occupation of the premises.
2.
(a) Subject to Clause 19(a), the Licensee shall pay to HDB a monthly licence fee of Dollars ___________________________________ and monthly service and conservancy charges of Dollars _________________ , both sums payable in advance without demand from HDB on the first day of each calendar month. The licence fee and the service and conservancy charges are exclusive of the Goods and Services payable under the Goods and Services Tax Act.
(b) The Licensee shall indemnify and reimburse HDB against any Goods and Services Tax payable under this Licence.
3. The Licensee shall on the execution of this Agreement, pay a deposit of _________Subject to deduction of all claims by HDB for arrears of licence fee and any damage caused to the Premises by the Licensee, the deposit shallne refunded to the Licensee without interest at the termination of this Agreement and provided always that if the Agreement is determined in accordance with Clause 22(a), the deposit hereinbefore-mentioned shall be forfeited to the HDB.
4. The Licensee shall use the Premises for the purpose of _____________________________ only and for no other purpose.
5. The Licensee shall at all times at its own expense comply with all the requirements that may be imposed by the Ministry of Environment and other competent authorities including the procurement of any licence required for the use of the Premises for _______________________________.
6. The Licensee shall at all times at its own expense comply with all the requirements of HDB its duly appointed agents or servants and under any laws rules orders and regulations of HDB in force from time to time in respect of the said Premises.
7. The Licensee shall keep
(a) the Premises and its surroundings in a clean proper and sanitary condition; and
(b) the Premises and all fixtures in good and tenantable repair.
8. The Licensee shall not cause damage injury inconvenience disturbance or nuisance to HDB its property tenants occupiers or other lawful users in the course of its use of the Premises and shall take all reasonable steps to ensure the same.
9. The Licensee shall not place or permit or suffer any sign article advertisement hoarding or the like to be placed on within or outside the Premises.
10. The Licensee shall not place deposit obstruct or permit to be placed deposited or obstructed any object or thing at the common areas of the Premises.
11. The Licensee shall not keep or permit to be kept on the Premises or any part thereof any materials or structures of a dangerous combustible explosive noxious and/or offensive nature.
12. The Licensee shall not park his vehicles in front of the Premises.
13. The Licensee shall
(a) not carry out or permit to be carried out any alterations additions renovations or changes to or within the Premises without first obtaining the written consent of HDB in writing. If such consent has been given, the Licensee shall at its own costs and expenses, demolish all such works carried out including addition and alteration works, if any, carried out by the previous tenant (s) and reinstate the Premises to its original state and condition at the termination of the Agreement; and
(b) at the request of HDB and where HDB has given its consent under clause 13(a) pay to HDB a further sum or sums as reinstatement deposit for the due restoration by the Licensee of the Premises to its original state upon the termination of this Licence. Such reinstatement deposit shall also include demolition costs of addition and alteration works, if any, carried out by previous licensee (s).
(c) If the Licensee shall fail to restore the Premises to its original state then the whole or such part of the said deposit as shall be necessary to remedy such failure to restore may be forfeited by HDB and applied thereto PROVIDED ALWAYS that if the cost of restoration shall exceed the said deposit, the difference thereof shall be a debt due from the Licensee to HDB payable forthwith on demand.
(d) If the Licensee shall duly restore the Premises to its original state HDB shall refund the reinstatement deposit without interest to the Licensee.
14. The Licensee shall not add remove or in any way interfere with the electrical wires cables switches junctions points pipes taps or other apparatus and fixtures installed in connection with the supply or use of electricity water or gas.
15. The Licensee shall
(a) adopt and implement every reasonable precaution against fire and comply with all the recommendations of HDB on fire precaution on the Premises; and
(b) be responsible for any damage done to the Premises its adjoining land and buildings in the case of fire.
16. The Licensee shall permit HDB or its duly authorised officers agents servants with or without workmen to enter upon the Premises at any reasonable time for the purpose of inspecting or carrying out repairs to the Premises which HDB may in its absolute discretion deem necessary and the expenditure incurred therein shall be borne by the Licensee failing which the amount shall be a debt due from the Licensee and forthwith recoverable by action.
17. The Licensee shall indemnify HDB from and against all actions judgements claims demands and liabilities of any kind whatsoever and howsoever arising or resulting directly or indirectly from the use and occupation of the Premises or from any breach of any of the conditions herein to be observed and performed on the part of the Licensee.
18. HDB shall not be liable or responsible
(a) to the Licensee or to any of the Licensees employees independent contractors agents invitees or any other person for any injury loss or damage which may be suffered or sustained by any person or to any property on the said Premises or any part thereof or the building where the Premises is housed; and
(b) for any damage theft or other misdemeanours in respect of the use of the Premises.
19. HDB
(a) may at its discretion by notice in writing to the Licensee vary the licence fee and/or service and conservancy charges and or impose any further conditions as it deems fit. Such variation of the fee, service and conservancy charges or imposition of conditions shall have immediate force and effect and be binding on the Licensee upon the expiry of the period stated in the notice; and
(b) HDB shall not grant any concession to the licence fee nor offer any compensation in the event that any relevant authority carries out demolition of the buildings or any part thereof during the licence period.
20. The Licensee shall
(a) apply to all relevant authorities (including HDB) at its own cost to re-build any buildings on specified parts of the land and if approval is granted, the Licensee shall bear all costs of re-buildings on the Premises; and
(b) In the event that the buildings are partially demolished by the relevant authorities, the Licensee shall apply to all relevant authorities (including HDB) for approval to retain the remaining building and if approval is granted, he shall carry out all necessary work at its own cost to ensure that the building is structurally safe to the full satisfaction of all relevant Authorities including the Licensor.
21. This Licence shall not be transferable or assignable and the Licensee shall not transfer assign sublet or part with possession of the said Premises or any part thereof.
22.
(a) The Licence shall automatically determine upon:-
(i) breach of any of the conditions herein stated by the Licensee and/or
(ii) suspension, cessation or liquidation of the Licensee's business operation;
(b) This Licence may be determined by either party giving to the other one (1) month's notice in writing expiring upon the last day of any month;
(c) Upon the determination or earlier termination of this Licence, the Licensee shall deliver vacant possession of the Premises to the HDB in the same good order and condition as the same was first delivered to the Licensee at the commencement of the Agreement;
(d) PROVIDED ALWAYS that if the Licensee fails to restore the Premises as required, the Licensee shall continue to be liable to pay the licence fees and service and conservancy charges until the date the Premises are reinstated to the state and condition as the same was delivered to the Licensee at the commencement of the Agreement; and
(e) Until the Premises have been reinstated in accordance with clause 22(c), the HDB shall not be deemed to have accepted the surrender of the Premises notwithstanding that the Licensee has delivered the keys of the Premises to it.
23. Where the Licensee is in breach of Clause 22 (c) HDB may at its discretion carry out the reinstatement works. All costs of reinstatement including an administrative fee equivalent to 10% of the costs of the reinstatement works shall be payable by the Licensee forthwith and be recoverable from the Licensee as a debt.
24. Further, the Licensee shall not be entitled to any compensation or indemnity or grant of any alternative Premises or any relocation benefits whatsoever from HDB upon the determination or earlier termination of the Licence.
25. 25 If the Licensee fails or neglects to pay all licence fees, service and conservancy charges and any other charges due at the time of the termination of this Licence, the Licensee have to pay interest at the rate of 12% per annum of the outstanding debt subject to a minimum of $50.00 without prejudice to any right of action or remedy for any antecedent breach of covenant by the Licensee.
26. All notices including Notice of Termination shall be in writing and shall be deemed to be sufficiently served if they are addressed to the Licensee at the above stated address and forwarded by Registered Post or by posting on a conspicuous part of the Premises.
27. Stamp fees on this Licence Agreement and duplicate shall be borne by the Licensee.
28. This Agreement shall be governed by and construed according to the Laws of Singapore.
29. Any person who is not a party to this Agreement shall acquire no rights whatsoever under this Agreement by virtue of the Contracts (Rights of Third Parties) Act.
30.
(a) Subject to sub-clause (d), the HDB may, not less than three (3) months before the expiration of the current term, and provided that the Licensee has not breached any covenants, post an offer to the Licensee on its website www.hbiz.com.sg to renew the licence of the Premises (“Offer”) on the same covenants and conditions as are herein contained or such variations thereof except for this covenant of renewal and for a term and at the market rent prevailing at the time of renewal, as specified in its Offer;
(b) If the Licensee shall not accept the HDB’s Offer in the manner prescribed or fails to make any payments or submit the documents required within the time stated in its Offer, the Licensee shall at the expiration of the current term yield up and surrender vacant possession of the Premises to the HDB in accordance with the Licensee’s covenants herein contained;
(c) PROVIDED ALWAYS that the HDB may at its sole and unfettered discretion without assigning any reason therefor refuse to grant any extension of further term of licence; and
(d) Notwithstanding anything contained in the preceding sub-clause (a), the parties agree that if Licensee shall be in breach of any of the covenants of this Agreement, the HDB shall have the absolute discretion on or before the expiration of the current term, withdraw or cancel its Offer of a further term or rescind the agreement for the further term without being liable to the Licensee for any costs and expenses which the Licensee may have incurred or for any loss or damages which it may suffer as a result of the rescission. The HDB shall thereafter be free of all obligations to grant to the Licensee any further term without prejudice to any rights claims or remedies that may have accrued to the HDB in respect of any such aforesaid breach or non-observance.

  IN WITNESS THEREOF the parties have hereunto set their respective hand the day and year first abovewritten.

Signed by
Head (Customer Services Section)
behalf of the                                       )
Housing and Development Board     )
in the presence of :                           )

___________________________________
(Signature)
Name :
NRIC No :
For and on behalf of,
___________________________________