Tenant Policies per 20 September 2023
The content of these policies for using the Premises ("Policy") are an integral part of the Warehouse Lease Agreements ("Agreement") entered into between a lessee ("Lessee") and any Genesis legal entity ("Lessor") in respect of any warehouse properties owned by the Lessor.
The Lessee hereby covenants with the Lessor the regulations for using the Premises as follows:
In this Policy, except where the context otherwise requires:
POLICY FOR USING PREMISES
The Lessee shall be responsible for obtaining all necessary governmental approvals, necessary licences and valid permits to operate its business at the Premises and for ensuring the terms and conditions of such approvals, licences and permits are strictly adhered to and shall indemnify the Lessor against any consequences or proceedings arising from the Lessee’s default in complying with the provisions of this provision.
The Lessee shall always comply with all legal requirements which are now or here later in force and any orders, rules, requirements, regulations and notices that apply to the occupier and/or user of the Premises. For avoidance of doubt, this provision shall apply to any statute now and hereafter in force and any relevant orders, rules, requirements, regulations and notices.
The Lessee shall not use the Premises for any purpose other than as permitted under the Agreement and the Lessee shall conduct therein only such business undertakings which are duly authorized, licensed, and approved by the competent government authorities and will comply in all respects with the conditions, terms and regulations relating to such business or imposed on the granting of the license in respect thereof.
The Lessee shall submit to the Lessor for its prior written approval all design layouts, drawings, specifications, schedule and other relevant details describing the Fitting Out Works within fifteen (15) Business Days prior to the commencement of the Fit-Out Period. In the case where the Lessor needs to engage the Lessor’s Consultant to review the proposed design layouts, drawings, specifications, material or relevant details relating to the Fitting Out Works, the Lessee shall pay the consultant fee (if necessary) prior to the commencement of the Fit-Out Period, as a condition precedent to obtain the Lessor’s approval.
The Lessee shall, upon request by the Lessor at any time during the Lease Term, provide the Lessor with any documents relating to the Fitting Out Works within ten (10) days from the Lessor’s request.
The Lessee shall observe and comply with all rules, regulations or requirement of any government body or competent authority in connection with the Fitting Out Works.
The Lessee shall maintain the Premises, including but not limited to walls, ceiling, fixtures, fire protection system, emergency speaker system, gas system (if applicable), water installation, electrical installation and interior finishes in good clean and tenantable repair throughout the Lease Term.
The Lessee shall, at its own cost and expenses, install cabling works from the Lessor’s main telecommunication distribution panels to/and all telephones, teleprinters, facsimile machines, internet, satellite, broadcasting and computer modems, install the meter to record usage from main telecommunication panel to the Premises and to run the wires thereof in such a manner that shall have been previously approved in writing by the Lessor
The Lessee ensures that all installation works shall be carried out by the appropriate professionals. In the absence of those workmen with such expertise, it will be installed by a contractor approved by the Lessor.
The Lessee shall pay all charges in respect of the utilisation of any telephone, teleprinters, facsimile, internet, satellite, broadcasting and/or other services connected to the Premises for the services separately supplied to the Premises
The Lessee shall, at its own cost and expenses, install and then periodically inspect, repair, overhaul and maintain regular air-conditioning premises or air-conditioning premises system in case the Lessee equips these systems for its premises in such a manner that shall have been previously approved by the Lessor. Lessee shall be responsible for all electricity charges in relation to operation of Lessee’s installed air conditioning.
The Lessee shall install and maintain in good working condition at its own cost and expenses a circuit breaker to the Lessee's electricity supply. If the Lessee does not install and maintain the same condition for whatever reason, then the Lessor may do so and the costs of installation and/or maintenance shall be a debt due from the Lessee to the Lessor and can be recovered immediately.
The Lessee shall install (if so required) additional electrical switch board wiring and any power consuming devices to the Premises including but not limited to the following electrical protective devices at its own cost and expenses and subject to the approval of the Lessor:
PROVIDED THAT it shall be the responsibility of the Lessee to keep all or any of the aforesaid switch board wiring, equipment and devices installed by the Lessee in good condition at all times (i.e. no power outages, fire hazards, inconveniences to other lessees and the Lessor, etc.).
The Lessee shall clean, clear and remove any debris from any drains (where applicable) in the Premises or in the Logistics Facility. In the event that the Lessee fails to do so after being notified by the Lessor, the Lessor may (but without being under any obligation so to do) remove any debris, clear and/or clean the drains and the Lessee shall on demand reimburse to the Lessor all costs, expenses and disbursements incurred thereby
The Lessee shall install, maintain, and repair its own security systems and protective equipment at the Premises and at its own responsibility for the security systems of the Premises and the Logistics Facility that the Lessee occupies, uses and/or has control over.
In as much as Lessee is solely responsible for the installation of a security system and security devices at the Premises, the Lessee hereby waives the Lessor from all civil liabilities for injury or damage to the person or property of the Lessee, Lessee’s agents, servant, employees, contractors, or invitees, caused by or resulting from theft, illegal entry or trespass, vandalism, or any other similar cause
The Lessee hereby agrees to indemnify and hold the Lessor and Lessor’s agents, servant, employees, contractors harmless of and from any and all claims against Lessor, or its agents, servant, employees, contractors of the Lessor, of whatever nature arising from or out of any theft, illegal entry or trespass or any other similar act
The Lessor shall not be responsible for ensuring the safety of the Lessee’s person or property, and the Lessee acknowledges that the Lessor has not committed and has no obligation to provide security devices, systems, guards or other personnel in order to safeguard the person or property of the Lessee, its agents, servant, employees, contractors and invitees
The Lessee shall keep the interior of the Premises including the flooring and interior plaster or other surface material or rendering on the walls and ceilings and the Lessor's fixtures therein including doors, windows, wires, installations and fittings in good and tenantable repair and condition
The Lessee shall promptly notify the Lessor of any damage that may occur to the Premises and any damage or defects in the water pipes, air-conditioning ducts (if any), telephone conduits, electrical wiring or fixtures or other facilities whatsoever provided by the Lessor
The Lessee shall keep (where applicable) all taps, washbasins, water closets, sinks, cisterns, pipes, wires, conduits, fittings, equipment, facility and apparatus within or serving the Premises clean and in good order and repair any damage in the Premises or to any other part of the Logistics Facility through improper use or by the negligence of the Lessee or of any person for the time being in or using the Premises
To allow contractors duly authorized by the Lessee having the contract for cleaning of the Logistics Facility and its servants workmen employees agents contractors and subcontractors at all reasonable times ingress to and egress from the Premises if necessary for the purpose of cleaning maintaining and upkeep of the Common Areas of the Logistics Facility. The Lessee must ensure that at all times the contractor acts in accordance with the relevant regulations and punctually and properly complies with all relevant regulations, orders and requirements of the Lessor and any Governmental Authority
The Lessee comply with the business operation recorded in the license granted by the competent authority and in any case:
Not to undertake or carry any activities not specified in the license, including but not limited to:
Any variations to the Lessee’s licence which affect the lease of the Premises by the Lessee in accordance with the Agreement shall be subject to the written approval of the Lessor.
Not to bring or allow any person to bring onto the Premises or any parts of the Logistics Facility used in common any machinery or equipment other than typewriters, information processing systems, copy machines, computers and such other equipment as are required for the purposes of the Lessee's business and approved by the Lessor and/or their architects and structural engineers.
Not to install and/or use any electrical installations, machines or apparatus that may cause or causes heavy power surge, high frequency voltage and current, airborne noise, vibration or any electrical or mechanical interference or disturbance whatsoever which may prevent or in any way interfere with the service or use of any telecommunication system or affects the operation of other equipment, systems, machinery, apparatus or premises of other adjacent or neighbouring premises and in connection therewith.
To allow the Lessor or any authorized persons to inspect at all reasonable times such installation, machine or apparatus in the Premises to determine the source of the interference or disturbance and thereupon, to take suitable measures.
In the event that the Lessor or its duly authorized agents discover that the Lessee's electrical installation, machine or apparatus is the cause or factor contributing to such interference or disturbance, the Lessee shall at its own expenses eliminate or reduce such interferences or disturbance in a manner acceptable to the Lessor.
Provided always that the Lessor shall have the full right and liberty and absolute discretion to remove and clear any such obstruction and all costs and expenses incurred thereby shall be recoverable from the Lessee as a debt payable on demand. Further provided that the Lessor shall not be liable to the Lessee or any third party for any loss damage or inconvenience caused by such removal and the Lessee hereby indemnifies the Lessor in this respect.
Not to store or bring upon the Premises or any part thereof arms, ammunition or unlawful goods, gun-powder, salt-petre, chemicals, petrol, kerosene, gas or any goods or things which in the opinion of the Lessor are of a noxious, dangerous or hazardous nature or any explosive or combustible substance and not to place or leave in the entrance, stairways, passages, corridors, lobbies or other parts of the Common Area any boxes or rubbish or otherwise encumber the same PROVIDED ALWAYS that if combustible or inflammable materials are stored in the Premises or any part thereof with the consent in writing of the Lessor any increase in the premium for fire or other insurance as may have been taken out by the Lessor shall be borne by the Lessee.
The Lessee and its employees, agents, contracts, servants and invitees must not do any dangerous behaviours in the Premises that are likely to be dangerous to anyone.
Not to throw, place or allow to fall or cause or permit to be thrown or placed in the Common Area, passages, toilets or other conveniences in the Logistics Facility any sweepings, rubbish, rags, waste paper or other similar substances or anything of an inflammable nature, and on demand to pay to the Lessor the costs of removing such things and/or the costs of repairing any damage to common areas, passages, toilets or other conveniences in the Logistics Facility arising from the breach hereof.
To dispose of all swill debris and waste materials of whatever nature (including, but not limited to, noxious industrial waste, packaging materials and trade waste) in a manner prescribed by the Lessor and in accordance with the requirements of the relevant authorities failing which the Lessor reserves the right (without under any obligation to do so) to dispose of the same as aforesaid and all costs and expenses incurred by the Lessor in this respect (including but not limited to the costs of treating any waste materials before disposal) shall be paid by the Lessee to the Lessor within seven (7) days of the Lessor notifying the Lessee of the amount thereof PROVIDED ALWAYS THAT on the event that the Lessee is unable or unwilling to comply with the manner of swill debris and/or waste removal prescribed by the Lessor, the Lessee shall engage the services of a cleaning contractor appointed by the Lessor (as a third party contractor and not an employee or agent) to be responsible for the swill/debris/waste disposal on the following terms and conditions:
For the avoidance of doubt, the service charge payable by the Lessee shall not include the costs and expenses to be borne by the Lessee for any of the above-mentioned swill, debris and waste disposal.
Not to affix, erect, paint, attach or otherwise exhibit or permit or suffer so to be upon any part of the exterior of the Premises or the windows thereof any name, writing, drawing, sign-board, plate, placard, poster, sign post, flag pole, television, radio or wireless mast or advertisement whatsoever. Provided that subject to the approval of the Lessor as to the size, materials to be used and design the Lessee shall be at liberty to affix its name on the entrance door of the Premises and to have its name and location shown on a notice board giving the names of the lessees in the Logistics Facility which shall be provided by the Lessor in the entrance foyer of the Logistics Facility and at such other areas as the Lessor may provide and Provided Always that any signage and/or notice board shall be at the Lessee's own cost and expense.
Not to erect or place upon, inside or outside the Premises any radio or television aerial or antenna or any loudspeakers, screens or similar devices or equipment and will not without the like consent use or permit to be used any radio, gramophone, television or other like media or equipment likely to be heard or seen from outside the Premises without the prior written consent of the Lessor provided always that any consent so given may at any time be withdrawn at the Lessor’s discretion.
Not to do or permit to be done any act or thing which may become a nuisance to or give cause for reasonable complaint from the occupants of neighbouring of the Premises or of other parts of the Logistics Facility and not to cause, make, permit or allow excessive noise in or to emanate from the Premises.
Not to do or suffer to be done anything in or upon the Premises or any part thereof of an illegal or immoral nature and not to use the Premises or any part thereof for any unlawful purpose.
Not to use any name or description in connection with the Lessee's business similar to or bearing any resemblance to the name of the Logistics Facility or designation by which the Logistics Facility is known.
Not to permit trade vehicles while being used for delivery and pick up of merchandise to or from the Premises to be driven parked or stopped at any place or time within the Logistics Facility except within the loading dock of the Logistics Facility and except at such other place or places and at such time or times as the Lessor may specifically allow and the Lessee shall prohibit its employees service suppliers and others over whom it may have control from parking delivery vehicles during loading or unloading in any place other than the said loading dock or such other places which the Lessor may from time to time allot for such purposes and from obstructing in any manner howsoever the entrances exits and driveways in and to the common parking areas and also the pedestrian footways in or to the Common Area. Not to permit use of any loading dock or car park for uses other than its intended use.
Not during the continuance of the Lease Term to register the Lease nor lodge any caveat or notification of the Lease at the Indonesian competent authority or at any other registry in Indonesia, nor shall the Lessee be entitled to require the Lessor to subdivide the Logistics Facility or to do any act or thing which could result in the Lessor being required to subdivide the Logistics Facility.
The Lessee is obliged:
To obtain the prior written consent of the Lessor and pay all costs and expenses incurred by the Lessor in any structural review relating to the relocation of all such machinery, cabinets safes equipment or goods.
In the event that any relocation whatsoever (whether with or without the Lessor's consent) shall cause injury or damage to person or property the Lessee shall hold the Lessor indemnified against all claims in respect thereof and shall repay to the Lessor any sums paid by the Lessor in connection with claims arising from such injury or damage and shall pay for all costs incurred in repairing any damage caused to the Logistics Facility or its appurtenances.
Not to make any alterations in or additions to the Premises and/or any of the Lessor's furniture fixtures and fittings in or belonging to the Premises without the previous consent in writing of the Lessor and if the Lessor shall consent to such alterations or additions the Lessee shall:
and upon completion of any such alterations or additions, to produce to the Lessor the "as-built" drawings duly endorsed by the relevant authority. On the expiration of the Lease Term or on the early termination of this Agreement, the Lessee will, unless otherwise agreed by the Lessor, remove all the Lessee’s fixtures and fittings, additions and alterations, signs or other advertising media before delivering up possession of the Premises to the Lessor as aforesaid and will repair any damage to the Premises caused thereby. The Lessee’s obligations to observe and perform this covenant will survive the expiration or other termination of this Lease.
Not to cover or obstruct or permit to be covered or obstructed in any manner or by any article or thing (other than blinds approved by the Lessor) the windows skylights or ventilating shafts or air inlets or outlets which reflect or admit light or enable air to flow into or out of the Premises or any part of the Logistics Facility.
Not to change or in any way vary the frontage of the Premises and the entrance door provided or approved by the Lessor for access to the Premises and not to install locks, bolts or other fittings to the said entrance door additional to those supplied or approved by the Lessor or in any way to cut or alter the said entrance door without first having obtained the written consent of the Lessor.
The Lessee will be fully responsible for cleanliness inside and outside the Warehouse. If the Lessee fails to do so, the Lessor can, at the expense of the Lessee, carry out the obligations of the Lessee to maintain cleanliness inside and outside the Warehouse, and any payments to be made by the Lessee are based on full compensation.
The Lessee must take all reasonable precautions to keep the Premises free of rodents, vermin, insects, pest, birds, pets and any other animals and if so required by the Lessor at the cost of the Lessee to employ from time to time or periodically pest exterminators approved by the Lessor.
The Lessee shall be allowed the use of a limited number of car park and/or motorcycle lots in the Logistics Facility. The Lessee’s use of such car park and or motorcycle lots shall be subject to the regulations of the industrial zones that are applicable to the Premises and the rules and regulations laid down by the Lessor from time to time as well as payment of such car park and/or motorcycle charges as the Lessor may prescribe from time to time. The Lessor shall at all times be under no obligation to provide to or allow the Lessee the use of any car park and/or motorcycle lots near the Logistics Facility or at any other location within the Logistics Facility.
The Lessee shall not do, permit or be permitted to suffer anything to be done whereby the policy or policies of insurance on the Logistics Facility against loss or damage by fire for the time being subsisting may become void or voidable. In the event that the Lessee breaches or fails to comply with this provision, which may result in an increased amount of insurance, the Lessee will refund to the Lessor all amounts paid by way of increased premium or increased contribution for premium and all expenses incurred by the Lessor or contributions therefor in or about the renewal of such policy or policies rendered necessary by a breach or non-observance of this stipulation.
The Lessor shall be at liberty at any time and from time to time and in any manner whatsoever to improve, extend, amend, alter, renovate and/or refurbish the Logistics Facility, the Common Area and/or the Premises and without limiting the generality of the foregoing, to increase the total lettable area of the Logistics Facility in any manner whatsoever notwithstanding that by so doing, the access of light or air to the Premises or any liberties, easement, right or advantage belonging to the Lessee may thereby be diminished or interfered with or prejudicially affected (but not so as to interfere unreasonably with the Lessee's use and enjoyment of the Premises) and for the purposes of this sub-clause or any purposes whatsoever, the Lessor and its duly authorized agents with or without workmen may at all reasonable times enter upon the Premises, the Common Area and/or any part of the Logistics Facility to do such works, acts and things as the Lessor may deem necessary.
The Lessor shall be at liberty to deal with the facade of the Logistics Facility as it may deem fit notwithstanding that by so doing, the access of light or air to the Premises or any liberties, easement, right or advantage belonging to the Lessee may thereby be diminished or interfered with or prejudicially affected.
In the event that the Lessee fails to comply with these usage regulations and causes damage which need to be repaired, the Lessee shall bear all such repairing costs at its own costs. If the Lessee does not make repairs, the Lessor will do the repairs and maintenance. The Lessee will reimburse the Lessor for all costs, payment requests, obligations, penalties or other costs, which the Lessor must bear as the Lessee does not comply with these regulations.
The Lessee shall observe and perform and to cause all the Lessee's Occupiers to observe and perform all the rules and regulations made by the Lessor from time to time for the management safety care or cleanliness of the Logistics Facility and the Premises or for the preservation of good order therein or for the convenience of Lessees and notified in writing by the Lessor to the Lessee from time to time provided always that the Lessor shall not be liable to the Lessee in any way for violation of the rules and regulations by any persons including other Lessees of the Logistics Facility or the employees, independent contractors, agents, visitors, invitees or licensees thereof.
If the Lessee, its servants, agents, independent contractors, employees, visitors, invitees violates and fails to comply with the above regulations, the Lessor may use the breach as a reason to terminate the Agreement.