TENANCY AGREEMENT FOR COMMERCIAL PREMISES
Parties
1 THIS AGREEMENT is made on the _____ day of __________ 20 ____ Between the Housing and Development Board of HDB HUB, 480 Lorong 6 Toa Payoh, Singapore 310480 ("HDB") and _____________of ________ SINGAPORE _______ ("Tenant").
Demise of Premises
2 Whereby it is agreed as follows:-
(a)

In consideration of the rent and service and conservancy charges and the Tenant's covenants hereinafter contained HDB hereby lets and the Tenant hereby takes as tenant all that premises at _____________________________ (hereinafter called "the premises")together with the right of the Tenant and others duly authorised by the Tenant and in consensus with HDB all others so authorised by HDB and all others so entitled thereto at all times during the tenancy hereby created and for all purposes connected with the use of the premises but not for any other purposes:-

(i) to use the usual entrances, landings and corridors leading to the premises;
(ii) to use the lifts and escalators if any is provided for the building.
  EXCEPTING AND RESERVING unto HDB and all others entitled thereto the free and uninterrupted use of all pipes electric telephone and other wires drains and sewer in through or under the premises. To hold the same unto the Tenant from the _____________ for a _______ years term yielding and paying therefore during the said term without any deduction the rental of $________ and monthly service and conservancy charges pursuant to the provisions of the Town Councils Act 1988 and any amendment thereto, or HDB, as the case may be.
Service & Conservancy Charges After Determination
 
 
(iii) Notwithstanding Clause 4.1(b), for properties where service & conservancy charges are payable to the Town Council, the Tenant shall pay the prevailing service & conservancy charges (as may from time to time be varied by the Town Council pursuant to the Town Councils Act or HDB pursuant to the Housing & Development Act, as the case may be) to HDB where:-
(a) The term of the tenancy hereby created is determined due to any reason whatsoever whether by notice of by expiration of the term hereby created; &
(b) The Tenant holds over after the determination of the tenancy or continue to occupy the premises or retain possession of the premises or any part thereafter after the determination of the tenancy.
Rent-Free Fitting-Up Period
3 HDB allows the Tenant 2 months rent-free fitting-up period commencing from the _______________ to the _____________________ (hereinafter called the "fitting-up period") PROVIDED ALWAYS that HDB reserves the right to demand payment of rent for the fitting-up period, together with the rent service and conservancy charges and other charges that may be due, in the event that the Tenant terminates or gives notice to terminate this Agreement within one year of the commencement of the tenancy or if HDB terminates the tenancy at any time due to a breach by the Tenant of any provisions under this Agreement.
Tenant's Covenants
4 The Tenant hereby covenants with the HDB as follows:-
Rent & Service and Conservancy Charges
4.1
(a)
(i) To pay without demand the said monthly rent or the revised rent under Clause 4.27 of this Agreement, service and conservancy charges, such payment to be made on the first day of each month for that month.
Goods and Services Tax
 
 
(ii) To pay and to indemnify HDB against Goods and Services Tax chargeable in respect of any payment made by the Tenant under the terms of or in connection with this Agreement or in respect of any payment made by HDB where the Tenant hereby agrees in this Agreement to reimburse HDB for such payment.
Variation of Service and Conservancy Charges
(b) To accept and pay the revised service and conservancy charges as may from time to time be varied by the Town Council pursuant to the Town Councils Act or HDB pursuant to the Housing and Development Act, as the case may be.
Administrative Charge on Ex-arrears
(c) If the Tenant fails or neglects to pay all rent, service and conservancy charges and any other charges due at the time of the termination of the tenancy, to pay an 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 Tenant.
Deposit
(d) To pay on the execution of this Agreement the sum of $_________ being a deposit which is refundable free of interest by HDB to the Tenant at the termination of this Agreement. HDB shall be entitled without prejudice to any right or remedy hereunder to deduct from the security deposit all arrears of rent , interest, penalties owing to HDB, service and conservancy charges (whether owing to HDB or the Town Council) all costs for the replacement of any damaged or destroyed fixtures or fittings for repairs to and redecoration of the premises howsoever occasioned other than by fair wear and tear or the cleaning of the premises on their vacation by the Tenant and for all other breaches or non observance of covenants contained herein on the part of the Tenant to be performed and observed. The amount and nature of the said replacement of fitting repairs redecoration and cleaning and all claims of HDB are to be decided upon by HDB in its absolute discretion and the Tenant shall not dispute such sums. In the event of the deposit being insufficient to meet HDB's claim, the Tenant shall compensate and pay to HDB the difference between the said deposit and the amount so claimed by HDB.
Penalty for Late Payment/s
(e) Where rent or the revised rent under Clause 4.27 and/or service and conservancy charges and/or any other charges as may be imposed by HDB shall be in arrears whether wholly or in part and whether formally demanded or not, the Tenant shall pay to HDB such penalty or penalties for late payment/s as may be prescribed by HDB from time to time pursuant to Section 27 of the Housing & Development Act (Chapter 129). The imposition of such penalty or penalties shall be without prejudice to any other right or action or remedy available to HDB by the terms of this Agreement and/or by law for any antecedent breach of covenant by the Tenant.
Utility
(f) To pay all charges for the supply of water sanitation or electric light or power, telecommunication and all other utilities charges as may be determined by the SP Services Ltd or any other service provider to be payable from time to time.
Permitted Use of Premises
4.2
(a) To use and occupy the premises only for _________ and no other purposes and to obtain any licence permission or approval required by the competent authorities at the Tenant's own cost. Pending such approval or if approval be refused, the Tenant shall not be entitled to refund of any payments in whatsoever form made to HDB.
Mode of Business
(b) Where applicable to conduct business under the style of a ___________________and not to convert it to any other mode of business without first obtaining the consent of HDB in writing and if such consent is granted it shall be given on such terms and conditions as HDB may in its entire and unfettered discretion deem fit to impose.
Subletting Agreement
4.3 Not without the prior written consent of HDB to:-
(a) sublet or part with the actual or legal possession of the said premises or any part thereof;
(b) enter into any Agreement whether verbal or written with any person corporation firm or company where the effect of the said Agreement will be a defacto subletting licensing or parting with legal or physical possession of the premises or any part thereof to the person corporation firm or company.
Supply of Documents
4.4 To supply as and when required by the BOARD CERTIFIED TRUE COPY/COPIES of all documents notices returns books receipts papers pertaining to the business of the company or any other documents whether or not in connection with the business which is in the opinion of HDB necessary.
Notification of Change(s)
4.5
(a) To notify HDB immediately of any change of shareholders or the value of shares held by the shareholders or of any form of reconstruction of the business (not applicable to Tenants whose approved mode of business is public-listed company).
Amalgamation & Transfer of Shares
 
(b) To notify HDB in writing if the Tenant effects any form of reconstruction however brought about including any form of amalgamation of merger with or takeover by another company firm body or party or sells transfers assigns exchanges or allots any shares to any other company corporation firm or party.
Alterations Additions and Works
4.6
(a) Not to carry out suffer to be carried out or permit any partitioning renovations alterations additions or structural changes or improvements or other works (hereinafter known as the "works") whatsoever to or within the premises without first having obtained the consent in writing of HDB and the permission of all relevant competent authorities and to erect such works in accordance with the conditions thereof. Such works whatsoever to or on or within the premises when consented to in writing by HDB shall only be carried out by contractors approved by HDB and removed when required by HDB at the cost and expense of the Tenant.
(b) Not without the prior consent in writing of HDB to add to or in any way interfere with (other than for the purpose of complying with its obligations hereunder for the repair of the same) the electric wires cables switches junctions or points or the pipes taps or other apparatus installed in connection with the supply or use of electricity water or gas or the telephone installations therein.
(c) The Tenant shall remove any structure alteration addition or annexure made to the said premises without the prior approval in writing of HDB if so required by HDB and in such case to restore the said premises in all respects to their former state.
(d) Tenant is required to do proper renovation works at their own costs. For HDB shopping centres, renovation works should include tiling of floor, installation of air-conditioner, lighted shopfront signage and appropriate shopfront decorations/fittings.
Refuse Disposal
4.7 To keep the whole of the premises in a clean proper and sanitary condition.
4.8
(a) To remove and to dispose off at the Tenant's own cost and expense all trade food or bulky waste matter refuse or rubbish whatsoever at the authorised refuse dumping grounds as designated by the relevant authorities of Singapore.
(b) Not to throw refuse rubbish scrap tins bottles boxes containers of any kind or any articles through and over window or any part of the premises but into proper bins or containers only.
(c) To keep all waste and refuse produced at the premises out of sight of the public.
(d) To pay service charges for the collection of refuse to the Ministry of The Environment & Water Resources or any other relevant authorities.
(e) To provide at the commencement of the tenancy sufficient refuse receptacle/s in conformity with the Environmental Public Health Act Chapter 95 and all rules and regulations enacted thereunder as well as all other laws rules and regulations in force from time to time and to maintain or replace such receptacle/s when requested verbally or in writing by HDB or its duly authorised officers or agents.
(f) To ensure to the satisfaction of HDB and all relevant authorities the complete safe and efficient disposal of all rubbish litter droppings unauthorised or obnoxious goods or articles waste matter of whatever nature and description including all kinds of pollutants found at or generated at the premises to a place approved by HDB or to an approved dumping ground as approved by the relevant authorities at the Tenant's own cost and expenses PROVIDED THAT in the event of any default of the Tenant under this covenant, HDB may carry out such measures and works as it deems necessary and all cost and expenses plus an additional 10% as administrative costs incurred thereby shall forthwith be recoverable from the Tenant as a debt owing to HDB.
Good and Tenantable Repair
4.9
(a) At all times during the continuance of this tenancy to maintain and preserve the premises and all the fixtures and fittings therein and belongings thereto in a clean proper good and tenantable repair and condition and when notified upon to do so in writing by HDB or its duly authorised officers or agents to repair renovate and repaint the interior of the premises or any fixtures and fittings therein to the specification and satisfaction of HDB within such period of time as stated in such written notice failing which HDB by its duly authorised officers or agents may enter upon the premises and execute such repairs or works and all the cost and expenses incurred thereby together with an administrative charge (which shall not be less than 10% of the total cost of such works) shall be a debt due from the Tenant to HDB recoverable forthwith without demand may be deducted from any monies and/or deposits of the Tenant with HDB.
(b) To report to HDB any want of reparation of the structure internal and external parts of the said premises.
Food Storage
4.10
(a) Not to use the premises or any part thereof for the storage of food except such as are in the opinion of HDB reasonably required for personal consumption or as is allowed by HDB and cooking if allowed shall be done by either gas or electricity only.
Animals
 
(b) Not to allow any livestock or animals whatsoever to be maintained on the premises.
Dangerous Substances
4.11 Not to keep or permit or suffer to be kept on the premises any matter of a dangerous combustible or explosive nature or the keeping of which may contravene any statute or order or regulation or bye-law and not to store or to permit or suffer to be stored on or upon the premises or building matter of a noxious offensive nature.
Obstruction
4.12
(a) Not to cause allow any obstruction in the common stairways landings passageways and other common parts of which the premises form part and to share the responsibility of cleaning such common parts with the Tenants of adjacent premises as instructed by HDB verbally or in writing or by its duly authorised officers or agents.
(b) Not to cause or permit any obstruction in or on any public or private roads adjacent to or leading to the said premises or the building of which the said premises form part
Maintenance & Management of Premises
4.13
(a) The Tenant shall clean maintain and upkeep the grease/oil interceptor serving the premises and the service pipes leading to the grease/oil trap whether these are located within or outside the premises.
(b) To maintain the premises at all times which in the opinion of HDB is a businesslike and orderly manner and a clean hygienic and satisfactory condition and not to permit or suffer any sale by auction to be held at the premises.
(c) To observe and conform to all regulations restrictions directions and instructions made by HDB or its duly authorised employees or agents for the proper maintenance and management of the premises and the building of which the said premises form part as are notified orally or in writing by HDB or its duly authorised officers or agents to the Tenant from time to time.
(d) To replace and/or repair, with the prior written approval of HDB any cracked or broken window panes glass panel door wall roller shutter or any other shutters at the Tenant's own cost and expense provided that in the event of any default of the Tenant under this covenant, HDB may carry out such measures and works as it deems necessary and all costs and expenses plus an additional minimum of 10% as administrative costs incurred thereby shall forthwith be recoverable from the Tenant as a debt owing to HDB.
Access to Premises
4.14
(a) To permit HDB or its duly authorised officers or agents with or without workmen and others and with or without appliances to enter upon the premises at any reasonable time for the purpose of inspection or carrying out repairs/improvements or supervision of repairs/improvements whether structural or non-structural and howsoever occasioned to the premises whether adjoining vertically or horizontally which HDB may in its absolute discretion deem necessary.
(b) To allow HDB or its duly authorised officers with or without notice previously given to enter upon the premises to verify the observance and performance of all the conditions in this Agreement.
(c) HDB shall be entitled to close the outer doors of the building of which the said premises forms part and keep the same closed and locked during such times as may be determined and notified to the Tenant by HDB.
(d) The Tenant shall not object, obstruct or impede any improvement works, including fire safety and compartmentation works, which HDB may in its absolute discretion decide to carry out to the premises during the period of the tenancy hereby created. The Tenant shall not be entitled to nor make any claim for any loss or damage whatsoever arising from the carrying out of such improvement works.
Nuisance and Illegal Use
4.15
(a) Not to do use or suffer or permit to be done on the premises or any part thereof to be used for any unlawful or immoral purpose or for any purpose from which nuisance or annoyance damage or inconvenience may arise to HDB or to the occupiers of any neighbouring premises or to the member/s of the public.
Residence
(b) Not to permit or suffer any person or persons to sleep or reside in the premises or any part thereof whether temporarily or otherwise.
Signs, Name Plates, Advertisements
4.16
(a) Not to place or permit to be placed affixed or hung any article or thing within or outside any part of the premises in a manner which in the opinion of HDB, may pose or create a hazard to or endanger any property or the occupiers of the neighbouring premises or the neighbourhood or the public in general.
(b) Not to install or allow any person or persons to install any television antenna on the roof to or at the balcony or verandah or any part of the premises or building without first having obtained the consent in writing of HDB. In the cases where HDB provides a communal television antenna system, no consent to install any television antenna shall be given by HDB.
(c) The Tenant shall not erect exhibit paint affix use attach or install on the premises or the exterior thereof or on any window panel door or shutter any flag staff signboard advertisement poster notice shade sunscreen placard curtain device furnishing ornament or object or any other thing whatsoever without the prior consent in writing of HDB.
(d) The Tenant shall at his own costs and expenses affix erect attach or extend at the place designed by HDB a signboard of such dimension or type as may be prescribed or approved by HDB indicating the name of the Tenant within one month from the date of the commencement of the tenancy.
Intoxicating Liquors
4.17 Not to use the premises for the manufacture storage and sale of intoxicating liquors without first having obtained the written consent of HDB..
Loading Of Floors
4.18
(a) Not to load or permit or suffer to be loaded on any part of the floors of the premises to a weight greater than the maximum permissible load except otherwise approved by HDB and shall when requested by HDB redistribute any load on any part of the floor of the premises in accordance with the directions and requirements of HDB and in the interpretation and application of the provisions of this sub-clause the decision of HDB shall be final and binding on the Tenant.
Movement of Heavy and Bulky Matter
(b) Not to install or bring or allow to be installed or to move any safe heavy machinery equipment freight furniture or bulky matter or any kind (save such other office equipments as are required for the Tenant's usage) into and out of the premises without the prior written consent of HDB and relevant competent authorities and in the event that any such movement (whether with or without HDB's consent) shall cause injury or damage to any person or any property the Tenant shall indemnify and keep HDB indemnified against all claims in respect thereof and shall pay to HDB any sums paid by HDB in connection with all claims arising from such injury or damage and shall pay for all costs incurred in repairing any damage caused to the premises or its appurtenances.
(c) To make good to HDB's satisfaction any damage caused to grassed area footpath drains or other part of HDB's property which is caused by any vehicle used in the movement of goods chattels or persons to or from the premises.
(d) HDB shall in all cases retain and have the power to prescribe the weight and proper position of all heavy equipment articles or goods whatsoever and all damages caused to the building of which the said premises form part thereof or to the common areas by the Tenant or anyone on his behalf however caused and whether or not there be negligence involved shall be made good to the Tenant at the sole expense of the Tenant. The Tenant shall pay to HDB the account of such damage made good by HDB within seven (7) days of HDB notifying the Tenant of the amount thereof.
(e) At all times to comply with HDB's written or verbal direction or instruction currently in force relating to the use of any machinery equipment apparatus vehicles within or without the premises or the building of which the premises is part of.
Indemnity
4.19 To pay to HDB the cost of any damage or deterioration occasioned to the premises or any part of the premises or any adjacent or neighbouring premises or any part of HDB's property and any injury damage caused to any person or property due to or arising from any act default or negligence of the Tenant or the servants agents employees or licensees or invitees of the Tenant or any person who is authorised expressly or impliedly by the Tenant to enter into the premises or any part thereof and to keep HDB fully indemnify and keep HDB fully indemnified from and against all actions costs claims and liability whatsoever in respect thereof.
Power to Add, Amend, Cancel Rules/Regulations
4.20 The Board and its duly authorised officers/employees/agents shall have the right at any time and from time to time to make add amend cancel or suspend any rules and regulations in respect of the building of which the said premises forms part as in the judgement of HDB may from time to time be required for the management safety care or cleanliness of the said building or for the preservation of good order therein or for the convenience of tenants and all such rules and regulations shall bind the Tenant upon and from the date of which notice in writing thereof is given to him by HDB.
Compliance With Statutes/Regulations
4.21 In all respects to comply forthwith at the Tenant's own expense with the provisions of any Act Ordinance Bye-Laws Rules Regulations and any other obligations, imposed by law upon either HDB or the Tenant in regard to the said premises and to indemnify HDB from and against all actions proceedings costs expenses claims and demands which may be brought made or incurred against or by HDB in consequence of such non-compliance as aforesaid.
Fire
4.22 The Tenant shall adopt and implement every reasonable precaution against fire and comply with all the recommendations of HDB (if any) as to fire precaution to the premises.
Insurance
4.23 The Tenant shall not do or permit to be done on the said premises anything whereby any insurance that may be effected by HDB on the premises or any of the adjoining or adjacent premises or part thereof respectively may be rendered void or voidable or whereby the rate or premium thereon may be increased, and to reimburse HDB for any sums paid by way of increased premium and for all expenses incurred by HDB in or for the renewal of such policy or policies that is rendered necessary by a breach or non-observance of this covenant and all payments shall be added to the rent hereinbefore reserved and recoverable as rent.
Yielding Up of Premises
4.24 To yield up the premises together with all keys thereto and all fixtures and fittings therein at the expiry or sooner determination of the tenancy in good and tenantable repair (fair wear and tear excepted) and in a clean and tidy condition and to restore the same to its original state and condition to the satisfaction of HDB. Where the Tenant has failed or neglected to yield up the premises in the state required under this Agreement and HDB so deems fit to execute any work and/or repairs so as to restore the premises to its original state and condition (fair wear and tear excepted) the expenses and the costs of such materials and labour used in the carrying out of such works and/or repairs together with an administrative charge (which shall not be less than 10% of the total cost of such works) shall be borne by the Tenant and recoverable from him forthwith as a debt the said sum may be deducted from any deposits or monies (if any) of the Tenant with HDB and any balance thereof shall be a debt due to HDB and payable forthwith without demand. The Tenant further agrees and acknowledges that a certification by HDB's Officer of the costs and expenses incurred for such works and/or repairs shall be final and conclusive and shall not be called into question by the Tenant.
Renewal
4.25 HDB may at its sole and unfettered discretion and upon receipt of a written request of the Tenant made 3 calendar months before the expiration of the term hereby created (unless the same shall have been determined under any of the provisions herein contained), grant to the Tenant, at the Tenant's expense, a tenancy of the demised premises for a further term of up to three (3) years from the expiration of the term hereby created containing the like terms and conditions as are herein contained (but with the exception of the present Clause for renewal) and at a revised rent to be determined by HDB. Further if the Tenant does not sign the Fresh Agreement for the further term within 2 weeks of the request, HDB then shall be free of all obligations of any whatsoever to grant to the Tenant any further term hereunder.
Suspension of Rent
4.26 In the event of the premises or any part thereof at any time during the term hereby created being so damaged by fire so as to render the premises unfit for use and occupation for the purpose stated herein then (except where such fire has been caused by the default or negligence of the Tenant or the Tenant's employees or agents) the rent or the revised rent under Clause 4.27 hereby reserved or a fair proportion thereof according to the nature and the extent of the damage sustained and all rights, obligations, duties and responsibilities of HDB and the Tenant under this Agreement shall be suspended until the premises shall again be rendered fit for use and occupation on the certification of HDB's architects, such certification to be final and conclusive between the parties hereto. PROVIDED THAT in case the premises shall be destroyed or damaged by fire so as to be unfit for use and occupation and necessitating rebuilding for a period exceeding six months, this Agreement may at the option of HDB or Tenant be determined by either party giving to the other 30 days' written notice to expire at any time and this Agreement shall forthwith be terminated upon the expiry thereof unless the premises are rendered fit for use or occupation before the expiry of the notice. In such event, it is agreed between the parties that any insurance monies payable in respect of such damage or destruction shall be wholly the property of HDB and that the Tenant shall have no claim upon such insurance monies.
Revision of Rent
4.27 HDB shall revise the existing rent upon completion of any upgrading works undertaken by HDB to take in account any enhanced value arising from the upgrading works by giving the Tenant one month's written notice and the Tenant shall pay the revised rent from the next month onwards.
Breach Of Sub-Clause 4.6(a), (b), (c), (d) 4.16(a), (b), (c), (d)
4.28 Without prejudice to any other course of action that may be available to HDB in the event of breach of the covenants as contained in Clauses 4.6(a), (b), (c), (d) 4.16(a), (b), (c), (d) above, HDB or agents with or without workmen and others and with or without appliances shall be at liberty to enter upon the premises or any part thereof for the purpose of demolishing or removing any unauthorised works or installations made or erected in breach of the abovementioned covenants and restoring the premises to their former state and the expenses and cost incurred plus an additional minimum of 10% as administrative cost shall be a debt due from the Tenant to HDB as rent and paid forthwith on demand.
Non Liabilities
5 PROVIDED ALWAYS and it is hereby agreed as follows:-
5.1 Notwithstanding anything herein contained HDB shall not be liable to the Tenant nor shall the Tenant have any claim of whatsoever nature against HDB in respect of:
 
(a) Any disruption in any of the services including but not limited to electrical supply and all loss, damage to good and chattels or any other matter whatsoever by reason of necessary repairs/improvements whether structural or non- structural or maintenance/any installation, apparatus mechanical or other defect breakdown or other inclement conditions or shortage of electricity or damage thereto or destruction thereof by fire water act of God or any other cause.
(b) Any loss/damage suffered by the Tenant to goods and chattels including but not limited to electrical appliances whether arising out of any electrical mechanical defect or malfunction or any other cause.
(c) Any act omission or negligence of any servant employee or agent of HDB whether or not arising out of or in connection with the performance or purported performance of any duty or within the scope of employment or authority of the servant employee or agent.
(d) HDB shall not be liable to the Tenant the Tenant's servants employees agents licensees visitors or others who may be permitted to enter or use the premises or any part thereof for any accident happening or injury sustained or for any loss of or damage to property goods or chattels in the premises or any part thereof whether arising out of any act default or negligence of HDB or that of any servant employee or agent of the board or otherwise.
(e) Any damage, injury or loss arising out of any leakage howsoever caused by the piping, wiring and/or sprinkler system in the premises or of the building in which the premises is comprised.
(f) Any disruption to their business howsoever caused by any upgrading, improvement or enhancement works or re-location exercise carried out by HDB, or any statutory bodies or third parties.
Without Prejudice
5.2 No consent or waiver expressed or implied by HDB to or of any breach of any covenant condition or duty of the Tenant shall be construed as a consent or waiver to or of any other breach of the same or any other covenant condition or duty and shall not prejudice in any way the rights powers and remedies of HDB herein contained. Any acceptance of rent and/or service & conservancy charges hereby reserved by HDB shall not be deemed to operate as a waiver by HDB of any right to proceed against the Tenant in respect of a breach by the Tenant or any of his obligations hereunder.
Consent
5.3 Whenever the consent or the approval of HDB is required under this Tenancy Agreement, such consent or approval if granted, shall be subject to such terms and conditions (including all fees as deemed necessary) as HDB in its entire and unfettered discretion deem fit to impose.
Service Of Notice
5.4
(a) All notices including Notices to Quit which HDB may require to be given to the Tenant in writing and shall be deemed to be sufficiently served if addressed to the Tenant and sent by registered or ordinary post to the Premises or the Tenant’s registered address.  Any notice, demand, correspondence or communication sent by post shall be deemed to have been duly given on the day following that on which it was posted notwithstanding the fact that the notice, demand, correspondence or communication may be returned undelivered.
(b)

The service of any writ of summons or statement of claim or other legal process or any other document requiring personal service in respect of any action or proceedings may be effected on the Tenant by sending such Writ of summons or statement of claim or other legal process or document by registered post or by leaving the same at the Premises and compliance with the aforesaid by HDB shall be deemed to be good service regardless of whether the Tenant actually receives the writ of summons, statement of claim or other legal process or document.

 

The Tenant will be deemed to have been properly served on the date of delivery if HDB leaves such process at the Premises, or served on the next date after the date of posting if such process is posted to the Tenant.  In addition to these methods of service, HDB may serve the Tenant in any other method permitted by law, including but not limited to sending such process to or leaving such process at the Tenant’s registered address.

(c) Either party may by one (1) month notice in writing expiring upon the last day of any month without furnishing any reason whatsoever determine the tenancy hereby granted and immediately upon the expiration of such notice as aforesaid the said tenancy shall cease and determine but without prejudice the rights and remedies of either party against the other in respect of any antecedent claims or breach of covenant/s.
(d) In the event of termination of the tenancy due to any reason whatsoever the Tenant shall not be entitled to any compensation or indemnity or grant of any alternative premises or other relocation benefits.
Determination
 
(c) Either party may by one (1) month notice in writing expiring upon the last day of any month without furnishing any reason whatsoever determine the tenancy hereby granted and immediately upon the expiration of such notice as aforesaid the said tenancy shall cease and determine but without prejudice the rights and remedies of either party against the other in respect of any antecedent claims or breach of covenant/s.
(d) In the event of termination of the tenancy due to any reason whatsoever the Tenant shall not be entitled to any compensation or indemnity or grant of any alternative premises or other relocation benefits.
Goods Found on Premises
5.5 Upon the determination of the term of tenancy hereby created whether by notice or by HDB exercising its right of re-entry, any goods, chattels, furniture, fittings or things found on the premises whether or not belonging to the Tenant shall be disposed of in any manner HDB shall, in its absolute discretion, deem fit and HDB shall not be liable to the Tenant for any damages, loss or costs as a consequence thereof and further the Tenant hereby agrees and acknowledges that the Tenant shall indemnify and keep indemnified HDB against any claim, loss, damages or liability arising from or in consequence of such disposal.
Power Of Re-entry
5.6 PROVIDED ALWAYS THAT if the rent, service and conservancy charges hereby reserved or any part thereof shall at any time be in arrears or unpaid for fourteen (14) days after the same shall have become due (whether formally or legally demanded or not) or if the Tenant shall at any time fail or neglect to perform and observe any of the covenants and conditions herein contained on his or their part to be performed and observe or if the Tenant shall commit an act of bankruptcy or if the Tenant being a company shall be wound up whether voluntarily or compulsorily otherwise than for the purpose of amalgamation or reconstruction or if the Tenant for the time being shall enter into any arrangement or composition for the benefit of the Tenant's creditors or shall suffer any distress or execution to be levied on the Tenant's goods then and in any such event HDB or its duly authorised officers or agents may at any time thereafter re-enter upon the demised premises or any part thereof in the name of the whole and thenceforth hold and enjoy the same as if this tenancy had not been granted but without prejudice to any right of action or remedy of HDB for any antecedent breach of covenant by the Tenant.
Exclusion of Contracts (Rights of Third Parties) Act
5.7 Any person, firm, corporation or organisation 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.
Attachments
5.8 The documents attached herewith as Annex A shall be read together and form part and parcel of the Tenancy Agreement and shall be complied by the Tenant.
Legal And Other Costs
5.9 All expenses, legal or otherwise, in connection with the preparation, execution and stamping of this Agreement in duplicate shall be borne by the Tenant and payable forthwith on demand.
Interpretation
5.10 Words importing the singular number include the plural number and vice versa and words importing the masculine gender include the feminine gender and words importing persons import also corporations.
Marginal Notes
5.11 The headings and marginal notes appearing in this Agreement are inserted only as a matter of convenience and in no way define limit construe or describe the scope of intent of the sections or Clauses of this Agreement nor in any way affect this Agreement.
Applicable Law
5.12 This Agreement shall be deemed to be made in Singapore and shall be subject to, governed by and interpreted in accordance with the Laws of the Republic of Singapore for every purpose.
Execution
5.13 IN WITNESS WHEREOF the parties have hereunto set their hands the day and the year first above written.
ANNEX A
SPECIAL CONDITIONS
1 The Tenant must obtain any licence permission or approval as may be required from time to time under any written law prior to commencement of business and/or to the carrying out any business and must make the necessary applications and obtain all the necessary approvals from the relevant authorities at his own cost and expense. In this connection HDB shall not entertain any request for refund of rental or any other payments for period or any other period during which business cannot be carried on pending the grant of such licence, permission or approval or if such licence, permission or approval is refused by the relevant authorities.
2 The premises is provided with _________ an electrical load (power provided).

HDB reserves the right to determine at all times the amount of electrical loading allowable for the premises. The Tenant shall seek HDB's approval for any additional electrical loading required and which approval if granted shall be subject to the Tenant being responsible for all requisite applications to the relevant authorities (if any) and for all costs and expenses relating to or arising from the meeting of such additional electrical loading thereof and compliance with such further terms as HDB may impose and in particular the Tenant will pay a standard charge for each additional ampere which maybe varied at any time at HDB's absolute discretion. There will be an administrative fee imposed for each application for electrical extension.
3 Before commencing any electrical installation/extension or rewiring works to the premises, the Tenant will have to obtain the approval of HDB and the SP Services Ltd
4 The premises are not provided with MATV system. Tenants are to note that for such premises, they may not be able to receive TV signals for free-to-air channels.
5 The Tenant must obtain written permission from HDB before carrying out any alterations and/or additions or installing any machine of any kind on the premises. Such alterations and/or additions or installations must comply with the by-laws and regulations of the competent authorities and HDB's rules and regulations. Should any structural alterations and/or additions to the premises or installation of any machinery of any kind be made without first obtaining the prior consent and approval of HDB in writing, the Tenant must forthwith reinstate the premises and/or remove the machinery upon receipt of HDB’s direction to do so and shall pay $5,000/- or such other sums as determined by HDB as a surety to make good the defects resulting from the unauthorised works or alterations of the structure.
6 If so required by the licensing or other competent authorities, the Tenant must at his own cost carry out additions, alterations and install the necessary machinery prescribed by the licensing authorities including all necessary safety measures in compliance with the requirements of all relevant competent authorities.
7 No installation/erections of any signboard/advertisement/sky sign to the tendered premises is permitted prior to obtaining an advertisement licence/temporary permit as required under the Building Control (Outdoor Advertising) Regulations under the Building Control Act.  The costs of all installations required to comply with the aforesaid regulations/requirements is borne by the Tenant.
8 Additional Conditions For Eating House/Food Court
(a) Dish washing must be carried out within the kitchen in the eating house.
(b) No placement of tables and chairs on the five-foot way or the pavement will be allowed.
(c) Prior consent of HDB must be obtained to sublet any stalls in the premises. The Tenant must ensure that the stallholder has obtained the necessary licences under the Environmental Public Health Act or any law, bye-laws or rules to operate the stalls. The Tenant must also ensure strict compliance with the provisions of the Environmental Public Health Act Cap 155 which relate to nuisance and in particular to ensure that smoke generated by cooking at the premises does not constitute a nuisance within the meaning of the said Act and its amendments and any rules and/or regulations made thereunder.
(d) On determination of the tenancy for any reason whatsoever, the Tenant shall be responsible for the eviction of any stallholders in the eating house before giving up possession.
(e) The Tenant shall clean maintain and upkeep the grease/oil interceptor serving the premises and the services pipes leading to the grease/oil interceptor whether these are located within or outside the premises.
(f) The Tenant is required to obtain prior approval from HDB for construction of Outdoor Refreshment Area (ORA).
(g) The Tenant for eating house/ food court shall ensure that there is a variety of food stalls to serve the needs of the residents. Eating house / food court operators are required to have at least 1 halal food stall in the premises. They must also maintain a very good standard of housekeeping and display that is acceptable to HDB.
(h) The Tenant for eating house/food court are required to set aside approximately 50% of the internal floor area as internal refreshment area and they has to operate at least 1 stall for their own operation.
(i) The Tenant is required to allow members of the public to use the toilets in the premises.
9 Additional Conditions For Supermarket
(a) Successful Bidders for supermarket shall ensure that there is a variety of market produce goods to serve the needs of the residents.
(b) Supermarket operators are required to sell some amount of halal market produce goods in the premises. They must also maintain a very good standard of housekeeping and display that is acceptable to HDB.
(c) The Tenant is required to allow members of the public to use the toilets in the premises.
10 Additional Condition For Cakeshop
(a) For cakeshop with baking, proper exhaust system must be installed. Plans showing the installation of the exhaust system must be submitted to HDB/HDB's managing agent together with the other renovation works for approval.
11 Additional Conditions For Air-Conditioned Premises
(a) The Tenant shall be entitled to enjoy the benefit of the air-conditioning system installed in the building of such the said premises form part during such times as decided by HDB as the same shall be in operation.
(b) Not to open or permit or caused to be opened or to remain open any window in the premises or anywhere in the building of which the said premises form part except during a breakdown in the air-conditioning system.
(c) Not to use or permit to be used any heating or cooking device.
(d) Not to use any other device or machines which may interfere with the efficient running of the air- conditioning system.
(e) The Board shall be entitled to close the outer doors of the building of which the said premises form part and keep the same closed and locked during such times as may be determined and notified to the Tenant by HDB.
12

Additional Conditions For Shop with Living Quarters (LQs)

The living quarters (LQs) of the shop shall be used for residential purpose only. If there is any subsequent request to use LQs for the commercial purpose, it will be subject to the approvals from HDB, URA and any other relevant authorities and revision of rent.
13 The Tenant is required to maintain and service the fire hosereel in accordance with the standards stipulated by Fire Safety & Shelter Department.
14 The tenant is required to comply with and be bound by all the terms and conditions as stipulated during tender or bidding (whichever applies) including but not limited to the conditions stipulated in the Tenancy Agreement. The Tenant is also required to comply with the terms and conditions stipulated in the allocation letter.
15 The Tenant shall not assign this tenancy or any part thereof. For the purpose of this clause, a change in 50% or more of the shareholding of the tenant shall be deemed to be an assignment of the tenancy.