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9.30
9.34
Provisions of Tawarruq Master Facility Agreement Incorporated
All the provisions of the Tawarruq Master Facility Agreement shall be incorporated into and form
part of this Deed of Assignment (whether such provisions are repeated herein or not) subject to
Such alterations or variations where necessary to make the provisions of the Tawarruq Master
Facility Agreement consistent with the provisions of this Deed of Assignment and in the event of
any conflict or discrepancy between the provisions of the Tawarruq Master Facility Agreement and
the provisions of this Deed of Assignment the provisions of this Deed of Assignment shall prevail
for the purposes of interpretation and enforcement of this Deed of Assignment.
Cost and Expenses.
(2) Expenses
‘The Assignor shall on demand pay:
() to the Bank all expenses (including legal fees on a solicitor and client basis,
printing, publicity and out-of-pocket expenses) incurred in connection with the
regotiation, preparation or completion of the Security Documents; and
(to the Bank all expenses (including legal fees on a solicitor and client basis, and
out-of-pocket expenses) incurred in connection with ny variation, consent or
approval relating to the Security Documents or any related documents or in
Connection with the preservation or enforcement or attempted preservation or
enforcement of any of their rights under the Security Documents or any related
documents,
()) Stamp Duty
The Assignor shall pay any stamp, documentary and other similar duties and taxes to
which the Security Documents or any related documents may be subject or give rise and
shall fully indemnify the Bank from and against any expense, damage, loss or liabilty
which any of them may incur as a result of any delay or omission by the Assignor to pay
any such duties.
ISLAMIC FINANCIAL SERVICES ACT 2013,
Tha Assignor has had notice of guidelines, specifications, standards or circulars issued
pursuant to the Islamic Financial Services Act 2013 and hereby confirms that the said
guidelines, specifications, standards or circulars has not been infringed and also hereby
undertakes to advice the Bank if any of the relationship set out in the said guidelines,
specifications, standards or circulars is established or discovered at any time. if st any time
during the continuance of the Assignment and the Security Documents the Bank discovers
that there has been an infringement of the said guidelines, specifications, standards or
Circulars or that the continued performance of the Assignment and Security Documents shall
be in violation of the said, guidelines, specifications, standards or circulars the Bank shall be
entitied forthwith to exercise all of the rights contained herein
8
Deed of Assignment (1" & 3% Party) -Property Financing-i (Tawarrug)
Bank Islom Malaysia Berhad
BU/TwrtqDOA/1" & 341/PRT/2013
February 2013,9.32
9.33
Terms of letter of offer
The parties hereto hereby agree that ail the terms and conditions as specified in the Letter
of Offer shall be deemed incorporated in this Assignment. In the event of any
inconsistency, the terms of this Assignment shall prevail,
Bonofit of Agreement
(a) Assignment by Bank
@ The Bank may, without notice given to the Assignor or consent obtained
from the Assignor at the cost and expense of the Assignor, assign its
rights under the Security Documents or any part thereof andior transfer its
obligations under the Security Documents or any part thereof subject to
the terms of the Security Documents;
(i) For this purpose, the Bank may disclose to a potential assignee or
transferee or any other person who derives or may derive rights or
obligations under or by reference to the Security Documents such
information about the Assignor as shall have been made available to the
Bank;
(il) Where the Bank transfers its obligations or any part thereof, the Assignor
shall execute such documents as are reasonably necessary to release
the Bank to the extent of the transfer and join the transferee as a party
hereto; and
(iv) Where the Bank transfers all its obligations and rights hereunder the
Assignor shall thereafter deal solely with the traneferee with respect to
payments, notices and other matters relating to the administration of
Assignment.
(b) No Assignment by Assignor
‘The Assignor may not assign any of its obligations or benefits under the Security
Documents,
29
Deed of assignment (1* & 3° Party) Property Financing-i (Tawarrug)
Bank islam Malaysia Berhad
Bu/TwrqDOA/ & 3°/PRT/2013
February 2013