Title 2025-Jul02-28Events-PMSA-MPA-Revenue Sharing-80-20-One Sentosa-final.pdf ✅

DATED THIS DAY OF 2024 BETWEEN 28 EVENTS MANAGEMENT SDN. BHD (COMPANY REGISTRATION NO. 927419-H) AND THE PERSON(S) NAMED IN THE FIRST SCHEDULE HERETO PROPERTY MANAGEMENT AND SERVICES AGREEMENT PENINSULA HOMES
TABLE OF CONTENTS CLAUSE PAGE 1. DEFINITIONS AND INTERPRETATION ..............................................................1 2. APPOINTMENT AS MANAGER ............................................................................5 3. PROPERTY MANAGEMENT SERVICES..............................................................5 4. RENOVATION WORKS ..........................................................................................6 5. OPERATING TERM .................................................................................................7 6. PROPERTY MANAGEMENT SERVICES PAYMENTS .......................................8 7. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.........................9 8. CONSEQUENCES OF TERMINATION................................................................10 9. INDEMNITY ...........................................................................................................11 10. CONFIDENTIALITY..............................................................................................12 11. PERSONAL DATA .................................................................................................12 12. DELEGATION AND ASSIGNMENT BY MANAGER ........................................13 13. REDELIVERY.........................................................................................................13 14. MISCELLANEOUS.................................................................................................13 FIRST SCHEDULE...........................................................................................................19 SECOND SCHEDULE........................................................................................................1 THIRD SCHEDULE ...........................................................................................................3 ANNEXURE A....................................................................................................................4 ANNEXURE B....................................................................................................................5 PENINSULA HOMES
1 PROPERTY MANAGEMENT AND SERVICES AGREEMENT THIS AGREEMENT is made on the day of 2024. BETWEEN (1) 28 EVENTS MANAGEMENT SDN. BHD (COMPANY REGISTRATION NO. 927419-H) a company incorporated under the laws of Malaysia and having its registered office at B2-42A-1 (First Floor), Dataran Niaga Sungai Besi. Midfields Square East, Jalan 11/108C, Lebuhraya Sungai Besi, 57100 Kuala Lumpur (“Manager”); AND (2) THE PERSON(S) NAMED IN THE FIRST SCHEDULE HERETO whose name(s) and particular(s) appear in Section 1 of the First Schedule (“Proprietor”), each, a “Party” and collectively, the “Parties”. WHEREAS: (A) The Manager is a service provider of, inter alia, the operation and management of short-term rental property management services. (B) The Proprietor is the legal/beneficial owner of all that parcel which are/is more particularly described in Section 2 of the First Schedule hereto (“Demised Premises”). (C) The Proprietor is desirous of appointing the Manager, and the Manager has agreed to undertake and perform the Services (as defined below) on the Demised Premises for the duration and upon the terms and conditions contained herein. NOW IT IS HEREBY AGREED by and between the Parties as follows: 1. DEFINITIONS AND INTERPRETATION Definitions Unless the context otherwise requires, the following words and expressions shall have the following meanings respectively: “Agreement” means this agreement and the attachments, annexures and schedules hereto as may be amended and supplemented from time to time by mutual agreement in writing of the Parties. “Appointment” means the appointment of the Manager by the Proprietor as the exclusive property manager and operator of the Demised Premises and for the provision of the Property Management Services under and pursuant to this Agreement; “Authorised Persons” has the meaning ascribed to it in Clause 10.1(a); “Broken Rent Period” means any period of less than one (1) month in respect of which Rent is payable; “Building Management” means the joint management body or the management corporation (when established) formed pursuant to the provisions of the Strata Management Act 2013 as may be amended, modified or supplemented from time to time; “Building Management Payments” has the meaning ascribed to it in Clause 7.2(e); PENINSULA HOMES
2 “Business Day” means a day (excluding Saturday, Sunday and public holidays) on which government offices and banks in Kuala Lumpur and Selangor are open for business in Malaysia; “Common Areas” means all those parts, area and facilities of and in the building of the Demised Premises including the car park, service areas, entrances, exits, lobbies, corridors, elevators, escalators travelators, stairways, washrooms, which are now or hereafter provided or designated by the Building Management at their absolute discretion from time to time for the general use and are not held for exclusive use by persons entitled to occupy space; “Demised Premises” means the premises as more particularly described in Section 2 of the First Schedule together with: (i) the improvements, fixtures, fittings and services belonging to the Proprietor located in or on the Demised Premises from time to time, including, without limitation, the car park; and (ii) any associated rights acquired under any contract for the purchase of the Demised Premises or any ancillary agreement; “Developer” means any person, firm, partnership, association, joint venture or corporation or any other entity or combination of entities or successors thereto, who or which engages in, carries on or undertakes or causes to be undertaken property development of the Demised Premises; “Effective Date” means the date of this Agreement; “Gross Rent” means all income received or receivable by the Manager on behalf of Proprietor from all sources in respect of the Demised Premises with the Property Pool minus any Non- Operating Days, and after deductions of all taxes, commission, three percent to five percent (3- 5%) loyalty fee, or fees charged by other marketing platform, credit card commission charges or such other e-payment company charges; “Guest” means any person who requests from the Manager to rent the Demised Premises; “Force Majeure Event” means failures or delays in performing their obligations hereunder arising from any cause beyond their control, including without limitation, acts of God, acts of civil or military authority, fires, strikes, lockouts or labour disputes, epidemics, pandemic, quarantines, governmental restrictions, regulations, interventions, or directives (including but not limited to declaration of a state of emergency, travel restrictions or closure of borders), wars, riots, earthquakes, storms, typhoons, floods, natural disasters, and breakdowns in electronic and computer information and communications systems and which occurs without the fault or negligence of the party seeking relief; “Furniture, Fixtures and Equipment” means the furniture, fixtures and equipment (whether fixed or moveable) in the Demised Premises belonging to the Proprietor required for or in connection with the management of the Demised Premises or Property Pool (if applicable) and which may be acquired by the Manager on behalf of the Proprietor pursuant to the terms and conditions of this Agreement; “Initial Management Term” shall be for a period stated in Section 3 of the First Schedule beginning from the Management Commencement Date; “Insolvency Proceedings” means any form of liquidation, receivership, or scheme of arrangement with creditors, appointment of any provisional liquidator, petition for the appointment of a judicial manager, administrator, receiver, custodian, moratorium, interim or provisional supervision by the court or court appointee whether in the jurisdiction of the place or incorporation or in any other jurisdiction, whether in or out of court; PENINSULA HOMES