BETWEEN: IOI Mall Damansara Sdn. Bhd. (1552560-P) hereinafter referred as “The Management”
AND: The season pass card holder hereinafter referred as “Tenant”.
By this Agreement the parties hereby covenant and agree as follows:
Subject to the terms and conditions of this Agreement, The Management shall permit Tenant to use and occupy the parking space(s) at Basement B3 & B4 only at the IOI Mall Damansara car park at any time.
a) This agreement shall be non – exclusive to the Tenant and shall commence on the commencement date and continue until the termination date, each date as set out or previously determined as herein provided.
b) In the event of the Tenant handing over after the expiration of the aforesaid date with the consent of the Management, then subject to Condition 5, this Agreement shall become a monthly agreement at the same monthly parking fee payable by the Tenant immediately prior to such expiration. Such handing over shall otherwise be on the same terms and conditions as those contained in this Agreement so far as they are applicable.
The Tenant covenants and agrees with the Management:
a) To pay in advance to the Management of the Parking Fee as stated (without deductions or set – off) at the Management’s address stated herein or otherwise directed / advised.
b) To permit the Management to enter any area of the car park at any time for any lawful purpose whatsoever including but not limited to carrying out repairs on the car park.
c) To observe and confirm to all the rules and regulations relating to the use of the car park as may be made from time to time by the Management, and to obey all lawful instructions and directions given by the Management and in particular, those applicable to the display of or usage of Pass Card provided by the Management, speed restriction, traffic flow directions and areas designated as being either “No Parking” or “Reserved” areas.
d) To advise the Management of the registration numbers of the Tenant’s vehicles (whenever applicable) using the car park pursuant to this agreement.
e) To pay any Stamp Duty assessable on this agreement (where applicable).
f) To pay, on the signing of this agreement hereof the Security Deposit which may be applied by the Management toward any cost incurred by the Management due to the default of this agreement by the Tenant or toward any monthly or quarterly or any payment arrangement of Parking Fee due and unpaid by the Tenant.
The Management shall be entitled to give the Tenant one (1) month’s prior written notice at any time, of a variation of the Season Parking Fee.
The Management shall be entitled to deny the Tenant access to and egress from the car park if the monthly or quarterly or any payment arrangement of the Parking Fee for the month has not been received by the Management by the first day of the month.
a) Should additional Parking Spaces be required by the Tenant then subject to availability, the Management may grant such additional parking spaces to the Tenant and the use of and payment for such additional parking spaces shall be on the same terms and conditions as contained in this agreement.
b) Should a reduction in Parking Spaces be required by the Tenant of multiple spaces held on monthly terms, the Tenant may give the Management one (1) month’s prior written notice of such reduction. Failure to give such notice will render the Tenant liable to pay the full monthly fee.
c) Should suspension be required by the Tenant may give the Management one (1) month prior written notice. Failure to give such notice will render the Tenant liable to pay the full monthly fee. Suspension is only allowed for maternity & hospitalization.
a) Upon payment, the Tenant shall be issued with a validated Pass Card within 3 working days which shall remain the property of the Management. Should the Pass Card be stolen, lost or damaged, the Tenant shall pay a replacement fee of RM10.00. (subject to be changed)
b) License Plate Recognition system does not require a Pass Card as it detects the car’s plate number for ingress & egress.
c) Should the Tenant not be in possession of its validated Pass Card (takes a ticket when entering the car park) either entering or exiting the car park, the Tenant shall be liable to pay the daily parking tariff applicable to casual parking at the car park.
To the extent permitted by law, the Management will not be liable for any direct, indirect, consequential or special loss or damage of whatsoever nature suffered by the Tenant or owner of any vehicle which is the subject of this agreement (including without limitation the loss of the vehicle or any damage whatsoever thereto or for the loss or damage to any of the vehicle’s accessories or contents) howsoever any such loss or damage may be caused or whether by the negligence, omission, act or default of the Management, its staff and agents. The Tenant agrees that any and all vehicles driven and parked at the car park which is the subject of this agreement are driven and parked at the risk and responsibility of the Tenant.
If the Tenant breaches any term, condition or covenant of this agreement, the Management may, without prejudice to its right hereunder, terminate this agreement by notice in writing with immediate effect.