NON COMPREHENSIVE MAINTENANCE AGREEMENT

(Automated Car Parking System Service)

THIS AGREEMENT is made on the ……………………..

Between

D MENICS AUTOMATED CAR PARKING SYSTEM SDN BHD (Co. No. 919757-T) of Unit
340, Block A, Kelana Centre Point, Jalan SS 7/19, Kelana Jaya, 47301 Petaling Jaya,
Selangor Darul Ehsan (hereinafter called “CONTRACTOR”) of the one part

And

JH HOSPITALITY SDN BHD (Co No 108756-M) of Wisma Johawaki Lot 3669, Jalan Batu 3
Sungai Buloh, Seksyen U6, 40150 Shah Alam, Selangor Darul Ehsan (hereinafter called “the
owner”) of the other part.

IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO as follows: -

1. Subject to the terms and conditions hereinafter mentioned, CONTRACTOR agrees to

provide the maintenance and repair services specified in Schedule 2-1 here to
(hereinafter referred to as “the Services”) in respect of the Automated car parking system
specified in Item 1 of Schedule 1 here to (hereinafter referred to as “the System”) located
at the premises specified in Item 2 of Schedule 1 here to (hereinafter referred to as “the
Premises”). The Contractor warrants, represents that they have the expertise and
knowledge to provide Services to the Owner

2. This Agreement shall commence on the date specified in Item 4 of Schedule 1 here to
(hereinafter referred to as “the Commencement Date”) and shall remain in force for the
period specified in Item 5 of Schedule 1 here to (hereinafter referred to as “the Term” and
shall continue thereafter unless terminated in accordance with the provisions herein.

Either party may also terminate this Agreement either at the Term or by giving a 90
day notice.

CONTRACTOR shall reserve the right to review the maintenance fee upon expiry of
“the Term”.

3. In consideration of CONTRACTOR providing the Services as mentioned in Clause 1

above, the Owner agrees to pay to CONTRACTOR the fee as specified in Item 3 of
Schedule 1 here to (hereinafter referred to as “the Maintenance Fee”). The Maintenance
Fee shall be paid monthly on the basic that CONTRACTOR must submit their claim by
the end of each servicing month and all submission must have proper supporting
documents such as servicing reports/checking lists, attendance and etc. Upon
verification, the Owner will make payment to CONTRACTOR within thirty (30) days from
the date of verification.

Non Comprehensive Maintenance Agreement

 4.
a) CONTRACTOR shall ensure that there are always enough and availability of
spare Parts, components, replacement parts or accessories of the system.

b) CONTRACTOR also responsible to assist yearly licensing renewal from the relevant
authorities ie. JKKP and renewal fees only to be paid by the owner.

c) CONTRACTOR assumes responsibility for the following items only:-

Grease, oil, magnetic switch, Light Bulb, Bolt, Nut, Washers.

d) Without prejudice to Clauses 4(a) and (b) above, CONTRACTOR shall not be
responsible for repairs or replacement of spare parts of the Equipment which is
necessitated by loss or damage resulting from fire, explosion, burglary, vandalism, theft,
malicious acts, negligent acts (other than the negligence of CONTRACTOR or its
employees, agents or sub-contractors), misuse, floods, typhoon, lightning, hurricane, acts
of foreign enemies, hostilities or warlike operations, civil war, strike, riots, civil commotion,
revolution, insurrection, military or usurped power, or any other causes due to Act of God.

e) When there is any loss or damage to, or faulty operation of the Equipment or any part
thereof due to reason(s) other than ordinary wear and tear and the Contractor is of the
opinion that it is necessary or expedient to effect any repair or replacement of any parts
thereof for the purpose of keeping the Equipment in a proper and safe operating
condition and complying with the relevant statutory requirement, the Contractor shall
recommend to the Owner of such repair or replacement to be carried out within a
specified period of time. The Owner may take any necessary course of action to assess
and review the Contractor’s recommendation

5. Preventative Maintenance shall also form part of “the services” under this maintenance
agreement whereby CONTRACTOR shall responsible to carry out the preventive action
to minimize the breakdown of the equipment such as (i) To inspect and check the
conditions of all the components/ parts during the servicing (ii) On time replacement of
the relevant parts based on the life span or manufacturer recommended schedule. The
Contractor shall provide a preventive maintenance report within 14 days upon the
carrying out of such preventive maintenance.

6. The Owner shall not allow or permit 3rd party other than the employees, agent or sub-
contractors of CONTRACTOR to do any work in connection with the service maintenance
or repair of or to cause any interference with the Equipment or any part thereof or carry
out any items specified in Schedule 2 hereto without CONTRACTOR’s prior written
consent, which consent shall not be unreasonably withheld. CONTRACTOR shall have
no responsibility to repair or make good any damage to the Equipment or any part thereof
or any part of the installation which is caused by any work carried out in respect thereof
by any third (3rd) party without the prior written consent of CONTRACTOR nor shall
CONTRACTOR be liable for any accident or damage resulting therefrom.
CONTRACTOR may at its discretion carry out remedial or repair works in respect of such
damage at the Owner’s request at an extra charge to the Owner.

7. The Owner undertakes to obey and comply with all ordinances, regulations, by-laws,
rules and requirements of any governmental or other competent authority relating to the
system.

Non Comprehensive Maintenance Agreement

 8. CONTRACTOR shall not at any time be deemed to have assumed possession of the
Equipment or any part thereof unless the same is removed from the Premises to
CONTRACTOR’s or other premises for testing or repair or for replacement of the parts
thereof. CONTRACTOR must always with the written consent from the Owner to
authorize him to remove such part of the Equipment to its premises for testing and/or
replacement of parts, as CONTRACTOR considers necessary.

9. (a) In the case of an Owner which provides building management services to

the Premises, in the event that the Owner ceases to provide such building
management services, the Owner shall give notice thereof to CONTRACTOR
not later than thirty (30) days before the effective date (“Effective Date”) on
which such building management services cease to be provided by the Owner.

(b) This Agreement shall automatically terminate on the Effective Date without
prejudice to any accrued rights that the parties hereto may have hereunder.

10. CONTRACTOR shall be entitled with the consent from the Owner consent which should
not be unreasonably withheld at any time to engage sub-contractors under its direct
supervision and responsibility to carry out all or any part of the repairing and replacement
works under this Agreement.

11. (a) Time is of the essence of this Agreement.

(b) No time or indulgence given by any party hereto to the other shall be deemed or
in any way be construed as a waiver of any of its rights and remedies hereunder.

12. Words importing the singular number only shall include the plural and vice versa.

13. References in this Agreement to any act or ordinance shall (except where the context
otherwise requires) be deemed to include any statutory re-enactment thereof or any
statutory modification thereof.

14. No provisions hereof may be amended, waived, discharged or terminated orally, but only
by an instrument in writing signed by the party against whom enforcement of the
amendment, waiver, discharge or termination is sought.

15. If at any time any one or more provisions hereof is or becomes invalid, illegal,
unenforceable or incapable of performance in any respect, the validity, legality,
enforceability or performance of the remaining provisions hereof shall not thereby in any
way be affected or impaired.

16. This Agreement constitutes the entire agreement and understanding between the parties
hereto in connection with the subject – matter of this Agreement and supersedes all
previous proposals, representations, warranties, agreements or undertakings relating
thereto whether oral, written or otherwise and neither party has relied on any such
proposals, representations, warranties, agreements or undertakings.

17. (a) Any notice to be given by the Owner to CONTRACTOR or any notice or
consent to be given by CONTRACTOR to the Owner pursuant to this Agreement
shall be in writing and shall be deemed to have been so given if addressed to the
respective address herein mentioned or such other address as may from time to
time be notified by the Owner to CONTRACTOR or vice versa.

Non Comprehensive Maintenance Agreement

 (b) Any such notice or consent shall be deemed to have been duly given if
addressed to the party to whom the notice or consent is given: -

(i) Two (2) days after the day of posting if sent by local registered post or
seven (7) days after the day of posting if sent by registered airmail; or

(ii) Upon a receipt being given if left at the address shown on the envelope
containing such notice; or

(iii) If sent by telex or facsimile upon the receipt by the sending machine of
the addressee’s answer back code or of the facsimile transmission report
(as the case may be)

(c) In proving the giving of a notice, it shall be sufficient to prove that the notice was
dispatched by registered post or was left and a receipt was given or the telex was
confirmed by the addressee’s answer back code or the facsimile was confirmed
by the sending machine’s facsimile transmission report (as the case may be).

18. This Agreement shall be governed by and construed in accordance with the laws of
Malaysia and the parties hereto agree to submit to the jurisdiction of the courts of
Malaysia.

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Non Comprehensive Maintenance Agreement

 AS WITNESS the parties hereto have entered into this Agreement the day and year
first above written

SIGNED by )
For and on behalf of )
D MENICS AUTOMATED CAR PARKING )
SYSTEM SDN BHD )
)
In the presence of: - )
……………………………………
Signature

Name : …………………………..

Designation:…………………….

…………………………………………
Signature of Witness

Name : ……………………………….

NRIC No : …………………………….

Designation :…………………………..

SIGNED by )
For and on behalf of )
JH Hospitality SDN BHD )
)
In the presence of: - )
……………………………………
Signature

Name : ………………………….

Designation:…………………….

………………………………………
Signature of Witness

Name : ……………………………….

NRIC No : …………………………….

Designation :…………………………..

Non Comprehensive Maintenance Agreement

 SCHEDULE 1

1. The Equipment

BRAND-

1. Dong Yang Menics Co LTD Korea

2. The Premises

Fairfield by Marriott KL
PT 83,Seksyen 47
Jalan Datuk Hj,Eusoff
Jalan Pahang 50400
Kuala Lumpur

3. The Maintenance Fee

Amount Payable (RM)
Period Per Per Annum
Month
1 Year
RM4,200.00 RM50,400.00

4. The Commencement Date

1St April 2022

5. The Term

1 Year

Non Comprehensive Maintenance Agreement

 SCHEDULE 2-1

Item The Services

Monthly, periodic and systematically examine, adjust, lubricate, as required, and if

I.
conditions warrant, repair or replace grease, oil, magnetic switch, light bulb, bolt, nut
and washers only.

To clean and adjust whenever necessary all machines, ropes, sheaves, fixing,
II.
controllers, and all related part of the systems.

III. To carry out repairs or renewals of such part of the system which are necessary
provided that such repairs or renewals are necessitated by reason of ordinary wear
and tear, and to provide all necessary lubricants and cleaning materials at its own
cost in providing its services pursuant to the terms of this Agreement.

IV.
To examine and test periodically the system including the safety gears and governor
connected therewith in accordance with JKKP guide lines.

V. To examine and carry out repair and replacement of the Equipment operating system
including the hardware.

To obtain yearly licensing renewal from the relevant authorities i.e. JKKP and renewal
VI
fees to be paid by the owner.

Within 1 hour, trained and skilled technicians to attend to any breakdown or faulty
operation of the lift(s) upon receiving notice (including notice given orally) from the
VII.
Owner.

VIII. To provide a service report upon each service/repair (or whenever reasonably
required) advising on any repair, alteration or change required which is beyond the
scope of this Agreement.

Non Comprehensive Maintenance Agreement