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TNPF - The Stock Exchange of Thailand

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Event <strong>of</strong> Default<br />

or Termination<br />

Event<br />

Building, only those portions actually incurred to be<br />

considered expense <strong>of</strong> the Fund<br />

b. Expense <strong>of</strong> the Fund in paragraph a. will be in accordance<br />

with the budget approved by the Fund and the aggregated<br />

expenses will not exceed the Budget<br />

Upon the Lessees requests, the Fund shall transfer the renovation<br />

expense to the Lessee on the following conditions:<br />

a. Such expense must be capital expenditure budget<br />

b. <strong>The</strong> aggregated amount must not exceed the Budget that the<br />

Lessor set out for the expense under this lease agreement<br />

<strong>The</strong> Lessee shall prepare the report on spending and use <strong>of</strong> the<br />

budget to pay the maintenance expenses <strong>of</strong> the Leased Properties<br />

and submit the same to the Fund every 25 th day <strong>of</strong> each month<br />

Upon the Lessees failure in so doing, the Fund may carry out the<br />

above by itself and claim for related damages from the Lessee<br />

1. <strong>The</strong> Lessee fails to pay a rent in the amount and within the<br />

period given in this Agreement, fails to comply with this<br />

Agreement or its representations and warranties under this<br />

Agreement become incorrect<br />

2. <strong>The</strong> Lessee has entered into a bankruptcy proceeding or<br />

business reorganization proceeding under the applicable laws<br />

3. Any <strong>of</strong> the following agreements has been terminated<br />

3.1 <strong>The</strong> Lease Agreement <strong>of</strong> Glow Trinity Silom Arcade,<br />

Furniture, Fixtures and Equipment between Trinity<br />

Property Fund and Silomall Co., Ltd.; and/or<br />

3.2 <strong>The</strong> Undertaking Agreement between Trinity Property<br />

Fund and Trinity Assets Co., Ltd.; and/or<br />

3.3 Other agreements relating the Fund between Trinity<br />

Property Fund and Trinity Assets Co., Ltd.<br />

4. <strong>The</strong> Leased Properties has been confiscated in whole or in<br />

substantial part, thus causing the Lessee unable to use the<br />

Leased Properties<br />

5. Both parties mutually agree to terminate the Agreement in<br />

writing; or status <strong>of</strong> the Fund has been revoked or terminated<br />

by the provision <strong>of</strong> the applicable laws and/or by order <strong>of</strong> the<br />

relevant authority, including the Securities and <strong>Exchange</strong><br />

Commission, the Office <strong>of</strong> the Securities and <strong>Exchange</strong><br />

Commission and/or Capital Market Supervisory Board, without<br />

fault <strong>of</strong> the Fund and the Management Company<br />

Upon occurrence <strong>of</strong> any <strong>of</strong> the events in Items 1-3, the Fund<br />

shall notify the Lessee in writing <strong>of</strong> the Lessees default, and<br />

Information Memorandum <strong>of</strong> Trinity Property Fund 27

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