Standard Tenancy V4 09 Draft

DIGI Telecommunications Sdn Bhd TA/V4.098

Dated this

day of

2008

TENANCY AGREEMENT

Between LANDLORD & ADDRESS and

DIGI TELECOMMUNICATIONS SDN BHD (201283 - M)

Site ID: 1188B Site Name: Selayang

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This Tenancy Agreement made the day and year stated in Section 1 of the First Schedule hereto BETWEEN: The party described in Section 2 of the First Schedule hereto (hereinafter referred to as “the Landlord”) of the one part AND DIGI Telecommunications Sdn. Bhd. (Company No: 201283-M), a private limited company incorporated in Malaysia and having its registered office at Level 7, Setia 1, No. 15, Lorong Dungun, Damansara Heights, 50490 Kuala Lumpur and its place of business at Lot 10, Jalan Delima 1/1, Subang Hi-Tech Industrial Park, 40000 Shah Alam, Selangor Darul Ehsan (hereinafter referred to as “the Tenant”) of the other part. (The Landlord and the Tenant are hereinafter collectively referred to as “Parties” or individually referred to as “Party”). ARTICLE I RECITALS 1.1

License to operate The Tenant is licensed to establish, operate and maintain a mobile cellular telephone network and provide mobile cellular telephone services in Malaysia.

1.2

Installation of base transceiver stations The Tenant’s mobile cellular network requires base transceiver stations to be installed in various areas throughout the country for the purpose of transmitting and receiving radio transmissions of users and subscribers of the mobile cellular telephone network.

1.3

The Said Land The Landlord is registered and/or beneficial proprietor of all that piece of land which is more particularly described in Section 3(a) of the First Schedule hereto (hereinafter referred to as “the Said Land”) together with the building which is more particularly described in Section 3(b) of the First Schedule hereto (hereinafter referred to as “the Building”) and the Said Land and Building shall hereinafter be collectively referred to as “the Property”.

1.4

Demised Premises The Tenant is desirous of renting a small part of the Building, which is more particularly described in Section 4 of the First Schedule hereto (hereinafter referred to as “the Demised Premises”) to install such base transceiver station facility including a small part of the roof top of the Building for the installation of antennas and/or any other Equipment, installations or devices subject to the terms and conditions herein contained. 2

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ARTICLE II INTERPRETATION AND DEFINITION 2.1

Definition Wherever used in this Agreement, unless the context shall otherwise require, the following expressions shall have the following meanings:“Appropriate Authority”

means any governmental, semi- or quasigovernmental and/or statutory departments, agencies, or local government, governmental bodies or any other bodies duly appointed by any of such bodies.

“Building”

shall mean the building constructed on the Said Land, which is more particularly described in Section 3(b) of the First Schedule hereto.

“Commencement Date”

shall mean the date as stipulated in Section 2 of the Second Schedule hereto.

“Demised Premises”

shall mean the part of the Building, which is more particularly described in Section 4 of the First Schedule hereto.

“Deposits”

shall mean the Rental Deposit and the Utility Deposit.

“Equipment”

shall mean any telecommunications equipment including but not limited to base transceiver stations belonging to the Tenant.

“Expiry Date”

shall mean the date as stipulated in Section 3 of the Second Schedule hereto.

“Landlord”

shall mean the party whose name and address are stated in Section 2 of the First Schedule hereto.

“Monthly Rental”

shall mean the rental sum as stipulated in Section 4 of the Second Schedule hereto which is payable by the Tenant to the Landlord in the manner and in accordance with Section 5 of the Second Schedule hereto.

“Rental Deposit”

shall mean the sum as stipulated in Section 6(a) of the Second Schedule hereto.

“Said Land”

shall mean the land, which is more particularly described in Section 3(a) of the First Schedule hereto. 3

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2.2

“Term”

shall mean the period of this tenancy granted under this Agreement, which is more particularly stated in the Section 1 of the Second Schedule hereto.

“Utility Deposit”

shall mean the sum as stipulated in Section 6(b) of the Second Schedule hereto.

“Working Day”

shall mean the day, which is not a gazette national public holiday, and when the banks open for business.

General Interpretation 2.2.1 In this Agreement, except to the extent that the context otherwise requires, words denoting the singular number shall include the plural, individuals shall include corporations and any gender shall include each other gender and vice versa. 2.2.2 All references in this Agreement to “RM” [Ringgit Malaysia] shall, unless otherwise specified, be construed as to references to the currency of Malaysia.

2.3

Reference to Statute Each reference in this Agreement or its Schedules, to an Act of Parliament, regulation or ordinance, or to any section of provision thereof, shall be read as though the words “or any statutory modification or re-enactment thereof or any statutory provision substituted therefore and regulations, ordinances, by-laws and other statutory instruments promulgated or issued thereunder were added to such reference.

2.4

Headings and Marginal Notes 2.4.1 The paragraph headings in this Agreement have been inserted for the purpose of convenience of reference only and shall have no effect whatsoever on the meaning, interpretation or construction of the provisions hereof. 2.4.2 All references in this Agreement to Parties, Recitals, Clauses and Schedules shall, unless otherwise expressly provided, be to the parties for the time being to this Agreement and to the Recitals, Clauses and Schedules of or to this Agreement, as the case may be. ARTICLE III TENANCY

3.0

Agreement to Let The Landlord hereby grants and the Tenant hereby accepts the tenancy of the Demised Premises for the duration of the Term, which shall commence on the Commencement Date and shall expire on the Expiry Date with a 4

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Monthly Rental payable in advance by the Tenant to the Landlord in the manner described in Section 5 of the Second Schedule. ARTICLE IV DEPOSIT 4.1

Deposit The Tenant shall pay to the Landlord the Deposit in the manner stipulated in Section 7 of the Second Schedule hereto being the deposit as security for the due observance and performance by the Tenant of the terms and conditions of this Agreement.

4.2

Deposit to be maintained The Deposit shall be maintained during the Term hereby created and shall not without the prior written consent of the Landlord first had and obtained be deemed to be or treated as payment of or towards rental hereunder and upon the expiration, termination or sooner determination of the Term hereby created the same shall be returned forthwith to the Tenant free of interest less such sum owing to the Landlord.

4.3

Refund of the Deposit The refund of the Deposit free of interest as stated in Clause 4.2 above shall be made by the Landlord within seven (7) days from the date of written notice issued by the Tenant, failing which, any sum or sums due hereunder shall be construed as debt due by the Landlord to the Tenant. ARTICLE V RENT AND ASSESSMENT

5.1

Rent

5.2

The Tenant hereby agrees that the Tenant shall pay the Monthly Rental to the Landlord in the manner stipulated in Section 5 of the Second Schedule hereto. The Monthly Rental is deemed to be inclusive of all bank charges/commission in the event that the payment is effected by cheque. Increase in rent The Parties hereby agree that the rent for the second term of this tenancy exercisable under the option granted pursuant to Clause 9.5 herein shall be determined in accordance with Section 9 of the Second Schedule hereto. ARTICLE VI COVENANTS BY THE TENANT WITH THE LANDLORD

6.1

Payment of Monthly Rental The Tenant shall pay the Monthly Rental and other sums payable under this Agreement in the manner as provided in Section 5 of the Second Schedule. 5

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6.2

Payment of Other Charges The Tenant shall promptly pay all charges in respect of electricity and all relevant charges incurred by the Tenant for the operation of the base transceiver station and/or any other Equipment, installations or devices installed on the Demised Premises, subject to the method of payment to be agreed between the Landlord and the Tenant or if none has been agreed, subject to the manner as provided in Section 5 of the Second Schedule.

6.3

Inspection The Tenant shall permit the Landlord or its agents with or without workmen at all reasonable times with prior notice to the Tenant to enter upon and examine the condition of the Demised Premises and permit the Landlord to execute such repairs as the Landlord deems necessary, subject to the terms and conditions of this Agreement.

6.4

Alterations and renovation The Tenant shall not make or permit to be made any alterations in or additions to the Demised Premises without the prior written consent of the Landlord which consent shall not to be unreasonably withheld, if any of such alterations or additions is necessary for the installation of the Tenant’s Equipment, installations or devices.

6.5

Use of the Demised Premises The Tenant shall not use the Demised Premises for any purpose other than for the purpose as stipulated in Section 5 of the First Schedule.

6.6

Prohibition Against Assignment 6.6.1 Subject to Clause 8.4 herein, the Tenant shall not sub-let, assign or part with the possession of the Demised Premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld, provided such restriction shall not apply in situation of co-sharing with other telecommunication operators where no financial consideration are involved. 6.6.2 Notwithstanding the above, the Landlord shall allow the Tenant to sub-let, assign or part with the possession of the Demised Premises to the Tenant’s subsidiaries without the prior written consent of the Landlord.

6.7

Vacating of the Demised Premises The Tenant shall on the expiration of the Term or termination of this tenancy remove all of the Tenant’s Equipment, installations or any other devices which may have been installed on the Demised Premises and 6

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peacefully yield up the Demised Premises in good and tenantable condition, fair wear and tear excepted. ARTICLE VII COVENANTS & REPESENTATIONS BY THE LANDLORD 7.1

Covenants, Representations & Warranties by the Landlord 7.1.1 The Landlord hereby covenants, undertakes, warrants and represents to and with the Tenant to the intent that such declarations, representations and warranties shall remain in full force and effect until the completion of the term of the Tenancy as follows : (a) that the Landlord is the registered and/or beneficial owner of the Said Property; (b)

that the rental to be paid herein is the actual amount to be received by the Landlord and it has not been adjusted or marked up to provide any form of incentive or commission to any intermediary or intermediaries.

(c)

that there is no impediment exists which would impede, prevent, affect or obstruct the entering of this Agreement between the Landlord and the Tenant;

(d)

that to the best of his knowledge, information and belief the Said Property is not subject to any acquisition proceedings and no acquisition proceedings are pending or contemplated in respect thereof;

(e)

that the Landlord (where applicable) is not a bankrupt and no bankruptcy proceedings have been commenced and/or are threatened or pending against the Landlord as at the date hereof or that (where applicable) no winding-up petition has been served on the Landlord;

(f)

that the Landlord will not contravene any law nor breach any contractual obligation on the Landlord’s part whatsoever by entering into this Agreement;

7.1.2 It is hereby agreed that in the event there is a breach of covenants, undertakings, representations or warranties hereof, the Landlord shall rectify the said breach within twenty one (21) days of the Tenant’s notice requiring such rectification, failing which the Tenant shall be entitle to terminate the Agreement. Pending rectification of the breach by the Landlord, all the Tenant’s obligations under this Agreement shall be suspended. 7.2

Payment of the Outgoings 7.2.1 The Landlord shall pay all quit rent, assessment or other rates including any increased thereof now or to be imposed on or payable on the Said Land and/or the Demised Premises. 7

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7.2.2 In the event the Landlord fails, neglects and/or omits to do the same the Landlord agrees that the Tenant has the absolute discretion to pay on behalf of the Landlord and recover the same from the Landlord directly or to contra the amount due from the Monthly Rental or Rental Deposit or Utility Deposit.

7.3

Electricity Source The Landlord shall permit the Tenant to utilize or connect an electricity source to the Demised Premises to enable the proper operation and functioning of any of the Tenant’s Equipment, installations or devices.

7.4

Free, Continuous and Uninterrupted Access The Landlord shall grant the Tenant the sole and absolute right to a free, continuous and uninterrupted access of twenty-four (24) hours for each day during the Term to the Demised Premises for the purposes of enabling the Tenant’s employees and/or agents to install, check, test, maintain, repair or service any of the Tenant’s Equipment, installations or devices. The Landlord shall provide a contact person as provided in Part 6 of the First Schedule to be responsible for the accessibility of the Demised Premises to the Tenant.

7.5

Quiet Enjoyment The Landlord shall allow the Tenant quiet and peaceful enjoyment of the Demised Premises during the Term or the renewed term without any interruption or disturbance by the Landlord or any other third party for whatsoever reason.

7.6

Duty to Inform The Landlord shall:7.6.1 inform the Tenant should any person or party intend to commence any similar business as the Tenant or install a base transceiver station or any similar equipment, installations or devices similar to that of the Tenant on the Demised Premises; 7.6.2 inform the Tenant of the erection of any new structure of any kind whatsoever which would or might interfere with or disrupt the operations and transmissions of any of Equipment, installations or devices installed or to be installed from time to time in the Demised Premises by the Tenant.

7.7

Duty to Insure The Landlord shall insure and keep insured the Building and/or the Demised Premises (excluding the Tenant’s Equipment, installation, device, 8

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fixture, furniture, fittings or other property which shall be insured by the Tenant at the Tenant’s own cost and expense) from loss or damage by fire and such other risks as the Landlord may deem expedient. 7.8

Not to Tamper The Landlord shall not at any time tamper with any of the Tenant’s Equipment, apparatus, installations or devices or disconnect the power source required to operate any of the Tenant’s Equipment, installation or device.

7.9

Not to Withhold Consent The Landlord shall not unreasonably withhold consent from the Tenant in respect of alterations or additions to be made to or erected on the Demised Premises for the purposes of installing any Equipment, installations or devices essential to the operation of the Tenant’s business.

7.10

Duty to Repair The Landlord shall repair the Property in the event the Building has structural damage or is leaking.

7.11

Indemnity 7.11.1The Landlord agrees to indemnify the Tenant on a full indemnity basis for all losses, costs, expenses, liabilities and damages which the Tenant would suffer as a result of any summonses, orders, notices or otherwise which the Landlord has defaulted with the authorities. 7.11.2The Tenant agrees to indemnify the Landlord on a full indemnity basis for all losses, costs, expenses, liabilities and damages which the Landlord would suffer as a result of the Tenant installing the base transceiver station prior to obtaining the approval from the Local Authorities.

7.12

New Owners Bound In the event the Property is sold, the Landlord irrevocably undertakes that the Property is sold subject to this tenancy for duration of the first three (3) years of this tenancy and the new owners are bound by the terms and conditions of this tenancy as if they were the original Landlord.

7.13

Tenant’s Equipment The Landlord hereby acknowledges and agrees that any Equipment, installations or devices installed and/or kept on the Demised Premises belongs to the Tenant absolutely.

7.14

Landlord’s authorization to Tenant to sign documents 9

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The Landlord agrees to authorize the Tenant the rights to sign all documents for the sole purposes of legalizing the setting up of telecommunications infrastructure with the Appropriate Authorities for and on behalf of the Landlord. ARTICLE VIII MUTUAL COVENANTS 8.1

Claim In the event that any claim, suit, proceeding, demand or action made by a Party against the other Party or any refund sought by a Party from the other Party under this Agreement shall be required to be recovered through any process of law or to be placed in the hand of solicitors or agents for collection, the Party against whom the claim, suit, proceeding, demand or action is made or against whom a refund is sought shall pay any and all expenses, losses, damages, cost and fees including, but not limited to, all legal fees on full indemnity basis incurred by the claiming Party or the Party seeking the refund in respect of such recovery or collection of the claim or refund.

8.2

Insurance Both Parties shall not do any thing whereby any insurance effected by a Party (hereinafter referred to as “the claiming Party”) in respect of the claiming Party’s property against loss or damage by fire may be rendered void or voidable or whereby the premium for any such insurance may be liable to be increased and shall pay to the claiming Party upon written demand from the claiming Party within seven (7) days thereof all sums paid by the claiming Party by way of increased premium and all losses or expenses sustained or incurred by the claiming Party in respect of such policy or policies as result of non-observance of this clause by the other Party (hereinafter referred to as “the defaulting Party”) without prejudice to other rights and remedies which the claiming Party may have against the defaulting Party.

8.3

Legal Proceedings In the event there is legal proceeding, suit or claim of any nature whatsoever instituted against the Landlord by any relevant authorities for default committed by the Tenant, the Landlord shall approve and consent to the appointment of the solicitors arranged by the Tenant to act for and on behalf of the Landlord for the purpose of defending the Landlord in the said proceeding, suit or claim and all cost and expenses incurred shall be borne by the Tenant.

8.4

Sharing with Other Operators In the event the Tenant is desirous of sharing any of his telecommunications facilities and/ or telecommunications infrastructure on the Demised Premises with other telecommunications operator(s) (hereinafter referred to as “Joint-Operators”), including co-operating with each other to establish an infra-sharing arrangement, the Landlord shall 10

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have no objections whatsoever to such infra-sharing arrangement and shall allow and permit the Joint-Operator(s) to share the telecommunications facilities and/or telecommunications infrastructure at no extra cost and/ or rental to the Tenant or the other telecommunications operator(s). In the event of such infra-sharing, the Landlord shall also allow the Joint-Operators right of way and/or easement to the Demised Premises. During the Term of this Tenancy Agreement, the Landlord shall not negotiate with the other telecommunications operator(s) by whatsoever means for the purpose of taking over the tenancy from the Tenant. ARTICLE IX DETERMINATION/TERMINATION 9.1

Early Determination Notwithstanding the provisions for the Term of this tenancy, the Tenant shall have the absolute discretion to exercise its option to terminate this tenancy before the Expiry Date upon:9.1.1 the expiry cancellation or suspension of the permit or consent issued to the Tenant by the relevant authorities to conduct its business in telecommunication; 9.1.2 the requisite approvals for the installation of any of the Tenant’s equipment or its telephone trunking or cabling facilities and/or the construction/erection and/or the renewal of the operation of any of the Tenant’s installation or device cannot be obtained or cannot be reasonably expected to be obtained for whatsoever reason, or are restricted in any law (whether temporary or otherwise) either by law, Order, Ordinance or Regulation applicable in Malaysia; or 9.1.3 the Tenant’s quiet and peaceful enjoyment of the Demised Premises during the Term or the renewed term is interruption or disturbance by any third party. 9.1.4 any buildings, structures or works of any nature or kind whatsoever are erected in the vicinity of the Demised Premises or any part thereof which screen, shield or interfere with the signals transmitted or received by any of the Tenant’s Equipment, installation or device; or 9.1.5 the Demised Premises is found to be unsuitable for the operation of the Tenant’s Equipment, installations or devices; or 9.1.6

the operation of any of the Tenant’s Equipment, installations or devices becomes difficult, unsuitable or impossible for any reason whatsoever beyond the control of the Tenant; or

9.1.7

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then, notwithstanding the provisions herein, the Tenant shall have the right forthwith to terminate this Agreement without indemnity of any nature and be discharged of any obligation hereunder, by giving THREEONE (31) months’ written notice to the Landlord whereupon the Tenant shall at its own expense remove all of the Tenant’s Equipment, installations or devices and vacate the Demised Premises, and thereafter the Landlord shall not later than seven (7) days after the receipt of the notice of early termination refund to the Tenant any rental which has been paid in advance and the Deposit free of interest. 9.2

Termination If any covenant on the Tenant’s part herein contained shall not be performed or observed or the Tenant shall enter into compulsory or voluntary liquidation otherwise than for the purpose of reconstruction or amalgamation or if any distress or execution shall be levied on the Demised Premises then and in such case the Landlord shall be entitled to give written notice to the Tenant to remedy such breach or nonobservance within twenty-one (21) days, and if the Tenant neglects or refuses to remedy such breach or non-observance, then the Landlord shall have the right to forthwith terminate this Agreement by giving THREE (3) months’ written notice to the Tenant and it shall be lawful for the Landlord at any time thereafter to re-enter upon the Demised Premises or any part or parts thereof in the name of the whole and thereupon this tenancy shall absolutely cease and determine and the Deposit shall be absolutely forfeited to the Landlord.

9.3

Force Majeure If the Demised Premises or any part thereof shall be damaged or destroyed by fire or other risks so as to render the Demised Premises unfit for use (except where such fire or other risks has been caused by the default or negligence of the Tenant or its servants or agents) the Monthly Rental hereby reserved shall be suspended until the Demised Premises shall again be rendered fit for occupation and use PROVIDED that in the event of total destruction of the Demised Premises the Tenant shall be entitled to summarily terminate this tenancy. In the event the Landlord deciding not to rebuild or reinstate the damage portion of the Demised Premises or any part thereof, or the Tenant deciding not to continue with this tenancy, then the Monthly Rental hereby reserved shall cease and this tenancy shall determine from the happening of such destruction or damaged as aforesaid and the Tenant shall peaceably and quietly leave, surrender, vacate, deliver and yield up possession of so much of the Demised Premises as shall not have not been destroyed (fair wear and tear excepted) and the provision of Clause 4.3 shall apply.

9.4

Early Termination The Parties hereby agreed that in the event of early termination of the Term hereby created or the renewed term (if any) by:9.4.1 the Tenant, other than those provided under Clause 9.1 and 9.3, then the Tenant shall pay to the Landlord a sum equivalent to the 12

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Monthly Rental for the unexpired term and the Landlord shall at its own absolute discretion forfeit the Deposit. 9.4.2 the Landlord, other than those provided under Clause 9.2 and 9.3, then the Landlord shall pay to the Tenant a sum equivalent to the Monthly Rental for the unexpired term and a further sum equivalent to the Deposit as agreed liquidated damages. 9.5

Option to Renew In consideration of rental payable by the Tenant under this Agreement and no existing breach of all the covenants and terms on the part of the Tenant hereinafter contained, the Landlord shall grant to the Tenant the option to renew this tenancy for such number of terms and conditions as specified in Section 8 of the Second Schedule hereto.

9.6

Option to Purchase In consideration of the rental payable by the Tenant under this Agreement and the mutual covenants contained herein, the Landlord hereby grants to the Tenant the right of first refusal in the event that the Landlord intends to sell the Property at a price to be determined by two (2) independent reputable and certified valuers. ARTICLE X MISCELLANEOUS

10.1

Illegality In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be unenforceable, illegal or otherwise invalid in any respect under the law governing this Agreement or its performance, such unenforceability, illegality or invalidity shall not affect the remaining provisions of the relevant clause(s) or any other provisions of this Agreement and this Agreement shall then be construed as if such unenforceable, illegal or invalid provisions had never been contained herein.

10.2

Successor-in-title This Agreement shall bind the successors-in-title permitted assigns of the Landlord and the Tenant.

10.3

Entire Understanding This agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the Project. No addition to or modification of any provisions of this agreement shall be binding upon the parties unless made by written instrument signed by a duly authorised representative of both parties.

10.4

Cost 13

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Each Party shall bear its own solicitor’s costs but the Tenant shall bear the costs of stamping this Agreement. 10.5

Time Time wherever mentioned in this Agreement shall be of the essence.

10.6

Governing Laws & Jurisdiction 10.6.1This Agreement shall be governed by and construed in all respects in accordance with the laws of Malaysia. 10.6.2In relation to any legal action or proceedings to enforce this agreement or arising out of or in connection with this agreement (“hereinafter referred to as “Proceedings”) each of the parties irrevocably submits to the jurisdiction of the High Court of Kuala Lumpur (hereinafter referred to as “the Court”) and waives any objection to Proceedings in the Court on the grounds that the Proceedings have been brought in an inconvenience forum.

10.7

Compulsory Acquisition In the event that the Said Land and/or Building and/or Demised Premises or any part thereof shall during the duration of the Term be or become affected by any notice of acquisition or intended acquisition under the Land Acquisition Act, 1960 or other legislation in Malaysia, the Landlord shall immediately give written notice thereof to the Tenant and the Tenant shall be entitled to terminate this tenancy herein with effect from the date of notice of acquisition or intended acquisition whereupon the Landlord shall forthwith refund to the Tenant the Deposit in accordance with the provisions of Clause 4.3.

10.8

Notices 10.8.1Any notice, consent, or other communication required or permitted to be given to either party pursuant to this Agreement shall be in writing and shall be sufficiently served if delivered personally or sent by post to:(a)

If to the Tenant to:DiGi Telecommunications Sdn Bhd Lot 10, Jalan Delima 1/1, Subang Hi-Tech Industrial Park, 40000 Shah Alam, Selangor Darul Ehsan Attention of Ms. Ash Ling

(b)

If to the Landlord, to the address as provided in Section 2 of the First Schedule. or to such other address as either party may notify to the other Any communication which is delivered or sent by fax shall be deemed to have been served on the date of delivery or date of receipt of the post/letter. 14

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10.8.2Any notice and/or communication is, in the absence of contrary evidence, deemed to be received:-

10.9

10.8.2.1

in the case of a posted letter, on the third day after posting; and

10.8.2.2

in the case of facsimile, on production of a transmission report by the machine from which the facsimile was sent which was indicated that the facsimile was sent in its entirety to the facsimile number of the recipient; and

10.8.2.3

in the case of a notice and/or communication left at the address of the addressee, at the time the notice and/or communication was so left.

Special terms This Agreement shall be subject to such other express terms conditions (if any) as may be mutually agreed between the Tenant the Landlord as specified in the Third Schedule. In the event of conflict or inconsistency between the provisions contained in Agreement and the provisions contained in the Third Schedule, provisions contained in the Third Schedule shall prevail.

and and any this the

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

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IN WITNESS WHEREOF the parties have executed this Agreement on the day and year first written above.

SIGNED by for and on behalf of the Landlord in the presence of :-

) ) ) )

___________________________

NAME: NRIC: Company Stamp: __________________________ Witness Name : NRIC No. :

SIGNED by ) for and on behalf of DIGI Telecommunications Sdn. Bhd. in the presence of :-

) ) ) ___________________________

__________________________ Witness Name : NRIC No. : [This is the execution page of Tenancy Agreement between Landlord Name and DIGI Telecommunications Sdn. Bhd.]

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FIRST SCHEDULE (to be read and construed as an integral part of this Agreement) Section

Description

1.

The day and Agreement

2.

The name and address of the Landlord

LANDLORD NAME AND ADDRESS

Telephone Landlord:

Contact Person: 0160303-

&

year

Particulars

Fax

of

of

this

the

(a) Mobilephone (b) Fixed Line (c) Fax Line 3.

(a) The particulars of the said Land

The land held under: Lot No: Mukim: (b) The particulars of the Daerah: Negeri: SELANGOR DARUL EHSAN. Building Site Address

4.

The particulars of the Demised Part of rooftop and space at Premises Lot No: Mukim: Daerah: Negeri: SELANGOR DARUL EHSAN. Site Address

5.

Use of the Demised Premises

6.

Contact person (pursuant to

The Demised Premises shall be used for installing and maintaining a base transceiver station, which shall comprise communication equipment apparatus, installation or device required for the operation of the Tenant’s cellular telephone network.

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Clause 7.4) Name: Mobile no: Office no: Designation:

SECOND SCHEDULE (to be read and construed as an integral part of this Agreement) Section

Description

Particulars

1.

The Term

Three (3) Years

2.

Commencement Date

1st May 2008

3.

Expiry Date

30th April 2011

4.

Monthly Rental

Ringgit Malaysia One Thousand Only (RM1,000.00)

Bank account for the deposition of the Monthly Rental: (a) Bank (b) Branch (c) Account name (d) Account number 5.

6.

Manner of payment of the Monthly Rental

The Deposit (a) Rental Deposit (b) Utility Deposit

7.

Monthly rental payments payable in advance within the first seven (7) Working Days from the beginning of each month.

Manner of payment of the Deposit

Ringgit Malaysia ThreeThousand Only (RM3,000.00) NIL Within fourteen (14) Working Days from the execution of the Tenancy Agreement 18

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DIGI Telecommunications Sdn Bhd TA/V4.098

8.

The duration for the renewed term (Clause 9.5)

Three (3) years

9.

The rent payable for the renewed term, (Clause 5.2)

Prevailing market value but shall not exceed ten percentum (10%) of the last preceding rental.

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DIGI Telecommunications Sdn Bhd TA/V4.098

THIRD SCHEDULE (to be read and construed as an integral part of this Agreement) SPECIAL TERMS Nil

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