Dated this day of 2021

[Project Location]
[Project Address]

BETWEEN

ADTEXLINK (M) SDN BHD

(Company No. 949304-A)

AND

[PARTY’S NAME]
[(Party’s Registration Number)]

SWIMMING POOL AND WATER FEATURES MAINTENANCE SERVICE AGREEMENT

AN AGREEMENT is made on ………. 2021

BETWEEN

ADTEXLINK (M) SDN BHD (Company No. 949304-A), a company incorporated in Malaysia with its
registered address at No. 2-37, PV 128, No. 128, Jalan Genting Klang, 53300 Kuala Lumpur and
business office at No.60-G, 60-1, 60-2, Jalan PJS 5/30, Pusat Perdagangan Petaling Jaya Selatan
(PJCC), 46150 Petaling Jaya, Selangor (hereinafter referred to as AMSB),

AND

[PARTY’S NAME] [(Party’s Registration Number)] a body corporate registered under the Laws of
Malaysia and having its management office at [Party’s Address] (hereinafter referred to as XXX).

RECITALS

WHEREAS

1. XXX [if XXX is a Joint Management Body] established under provisions of the Strata
Management Act 2013 (hereinafter referred to as the Act 757) / XXX [if XXX is a Management
Corporation] established under provisions of the Strata Title Act 1985 (hereinafter referred to
as the Act 318) is now authorized to manage the common property in a residential
development known as [Project Name and Location] complete thereon with common
facilities (hereinafter referred to as the Condominium).

2. The Condominium have has been completed and duly issued with Certificate of Fitness of For
Occupation (CFO) and/or Certificate of Completion and Compliance (CCC) by the Relevant
Authorities.

3. XXX has come into existence and will manage the Condominium under Act 757.

4. XXX has elected Management Committees [if XXX is a Management Corporation] / Joint
Management Committee [if XXX is a Joint Management Body] (hereinafter referred to as MC)
under Act 757 for the purpose as set out hereunder.

5. XXX agrees to engage AMSB to provide swimming pool and water features maintenance
services and perform duties as assigned by the MC as annexed in Appendix 1.

DEFINITIONS AND INTERPRETATION

Definitions

In this agreement, unless the context otherwise requires:

1. “Commissioner” means the Commissioner of Buildings appointed under Act 757.

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 2. “The Management Corporation” means a body of corporation established under Act 757318
and duly registered with the Registrar defined under Section 4 of Act 318.

3. “The Joint Management Body” means a body of corporation established under Act 757 and
duly registered with the Commissioner.

4. “Committee” means management committee established under Act 757.

5. “The Manager” means any person or establishment engaged by XXX to manage the property
of the Condominium.

6. “AMSB” means the establishment engaged by XXX to manage the swimming pool and to
provide water features maintenance services located at the Condominium.

Interpretation

1. Words denoting the singular include the plural number and vice versa.

2. Words denoting the masculine gender include the feminine and neuter gender and vice
versa.

3. The words “hereof”, “herein”, “thereon”, “thereto”, “hereinafter” and “hereunder”, and
words of similar import, when used in this agreement, shall, where the context requires or
allows, refer to this agreement in whole and not to any particular provision of this
agreement.

4. Reference herein to Articles and Sections are reference to Articles and Sections in this
agreement unless otherwise specified.

5. Any reference to a recital, paragraph, sub-paragraph, clause, sub-clause, schedule,

appendices, annexes part of, or to this agreement and any reference to this agreement or
any of the provision hereof includes all amendments and modifications made to this
agreement in writing from time to time in force.

6. Any reference to a statutory provision includes any modification, consolidation or re-

enactment for the time being in force, and all statutory instruments or orders made
pursuant thereto.

7. Any reference to a “day”, “week”, “month” and “year” is to that day, week, month and year
in accordance with Gregorian calendar.

8. Where the day on or by which anything is to be done is not a working day, that thing must
be done on or by the preceding working day.

9. The recitals, appendices and any documents therein referred will be taken, read and
construed as an essential and integral part of this agreement.

10. The headings and sub-headings in this agreement are inserted for convenience for reference
and are to be ignored in the interpretation and construction of any of the provision of this

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 agreement.

NOW IT IS HEREBY AGREED AS FOLLOWS:

1.1 APPOINTMENT

1.2 XXX hereby appoints AMSB to act as the service provider to provide who in return accepts
the appointment in providing swimming pool and water features maintenance services
located at (Project name). AMSB hereby accepts the appointment based on the terms and
conditions set forth herein. This contact shall commence on based on (commencement date)
and shall continue in full force and effect until (expiry date) (hereinafter referred to as “the
Term”), unless sooner terminated as herein provided.

1.3 The appointment hereby herein shall be renewed for another an additional term contractual
period of ONE (1) YEAR at the end of the Term (hereinafter referred to as “the Renewal
period”), based on the same terms and conditions set forth herein unless that either party
gives one (1) month’s written notice before prior to the expiration of this agreement to the
other of its intention to terminate this agreement and/or amend onand/or negotiate on the
terms and conditions for such Renewal period that to be mutually agreed upon.

1.4 AMSB shall act on behalf of XXX subject to any restrictions imposed or directions given by the
MC and/or the Manager in managingmanage the swimming pool and water features and
providing maintenance services and execute in accordance with the duties and obligations as
annexed set forth in Appendix 1 annexed herein.

2.1 SERVICE ENGAGEMENT FEE

2.2 In consideration of the provision of the services delivery by AMSB of its obligations
hereunder, XXX shall pay to AMSB a service fee of RINGGIT MALAYSIA THREE THOUSAND
SIX HUNDRED ONLY (RM 3,600.00) per month. The service fee set forth herein shall be
exclusive of the applicable taxes and is subject to the applicable taxes which shall be borne
separately by XXX. Any additional or unscheduled services or deliverables to be provided by
AMSB outside of the duties and obligations set forth in Appendix 1 annexed herein must be
mutually agreed upon in writing signed by both parties hereto with reference to this
Agreement. excluding of taxes whenever applicable.
2.3

2.4 XXX must shall pay to AMSB the agreed service fee inclusive ofand the applicable taxes within
thirty (30) days from the date of invoicing of which the monthly invoice shall be issued on or
before the …..th day of each month, failing which, XXX shall pay to AMSB the agreed
liquidated damages in the sum of ………. per ……. and AMSB reserves shall have the right to
either:

i. withdraw terminate its services upon giving one (1) month’s written notice to XXX
where upon this agreement shall be terminated without prejudice to any rights and
obligations of the parties arising or existing up to the date of such termination; orand
all monies due and owing for the services rendered shall become immediately due
and payable.

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 ii. suspend the provision of the services without liability or penalty until final resolution
of the disputes.

2.5 All invoices shall be delivered by hand, by email or through dispatch by ordinary mail to XXX’s
registered address as stated above and shall be deemed to have been received in the
ordinary course of mail, that is two (2) working days after posting.

2.6 Any disputes on the amount invoiced by AMSB, whether is in respect of any non-performance
and/or unsatisfactory performance of the contracted services, shall be notified in writing by
XXX and/or the Manager to AMSB within seven (7) days of receipt of the same disputed
invoice for reviewing purposes by AMSB, failing which or shallthe invoice and the amount
invoiced therein shall be deemed to have agreed upon by XXX without any objection thereto.

3.1 DUTIES AND OBLIGATIONS

3.2 AMSB shall at must all times comply with enforce and/or observe all such procedures and/or
house rules and/or by-Laws setprescribed by XXX and/or the Manager.

3.3 AMSB warrantsshall ensure all aspects of the safety of theand swimming pool and water
features maintenance services and shallto act in the best interest of XXX and/or the parcel
owners.

3.4 The Manager shall act as the key liaison between AMSB and XXX.

3.5 AMSB shall not divulge any information to any other party without prior written consent of
XXX and/or the Manager.During the Term and/or the Renewal period herein created,
irrespective of the time, manner or cause of the termination of this Agreement, AMSB shall
not directly or indirectly reveal, divulge, disclose or communicate to any person or entity,
other than authorized officers, and employees of XXX and AMSB, in any manner whatsoever,
any information that is received by reason of this agreement without the prior written
consent of XXX.

3.6 AMSB shall attend and participate in meetings as required by XXX and/or the Manager
provided always that advance written notice is given.

3.7 AMSB must provide within reasonable time information as required by XXX and/or the
Manager.During the term of this agreement, AMSB shall furnish to XXX such information as
shall be necessary, reasonable, or appropriate with respect to the services herein provided in
accordance with all reasonable instructions and directions which XXX may give. AMSB shall
execute and deliver all such documents and/or information and take all such action as XXX
may reasonably request from time to time, in order to effectuate the purposes and to carry
out the terms of this agreement.

3.8 AMSB must comply with all statutory requirements.

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4.1 INDEMNITY AND LIABILITY

4.2 AMSB shall not be liable for any act or omission in the course of, or connected to, rendering
the services hereunder, except to the extent that such liability directly arises out of the
negligence, willful misconduct or lack of good faith of AMSB or failure to comply with its
standard of care herein. In no event shall AMSB be liable for any consequential or special
damages, including but not limited to any loss of reputation, goodwill or business or any
claims brought against AMSB by any third party, the parcel owners or any of the users of the
swimming pool or the water features. XXX shall indemnify AMSB against all actions, claims
and/or demands by third party or parties, if such action, claims and/or demands arose as a
result of any act of AMSB undertaken under the lawful order, direction or authorization of the
MC and/or the Manager.

5.1 DEFAULT

5.2 Any of the following shall constitute a default:

(i) If AMSB or XXX and/or the Manager fails to perform its duties and obligations hereunder
duly and punctually or to observe any of the provisions of this agreement,

(ii) If any of the employees of AMSB himself is negligent in the due observance or
performance of his duties hereunder or of any of the provisions of this agreement
required to be observed or performed by AMSB,

(iii) If AMSB or XXX and/or the Manager otherwise commits a breach in relation to its duties
and obligations hereunder or otherwise fails to observe or perform by commission or
omission any of the provision hereof required hereunder to be so observed or performed
by AMSB or XXX and/or the Manager.

5.3 XXX’s rights upon the default by AMSB

If AMSB has committedmade a default in Clause 5.1 above, XXX maymight at its discretion
declaration initiate all or any of the following:

(i) In the eventIf the default occurs by reason of circumstances and those referred to in the
preceding clauses, by notice to AMSB specifying the particular default complained
thereof, and requiring AMSB to remedy such default within fourteen (14) days from the
date of the notice and if at the expiration of the fourteen (14) days’hat period, the
default complained thereof has not been remedied, to terminate this agreement by
further giving one (1) month noticemonths’ notice to AMSB;

(ii) Upon termination of this agreement, AMSB shall forthwith proceed in an orderly manner
to take such steps as may be necessary to end its services under this agreement, within a
period of one (1) month from the date of termination of this agreement. Such steps shall
include the handling over to XXX in good order and condition of all records, books, files,
reports, agreements, plans, drawings and all other matters or things related to or used in
connection with the providing provision of the services that are or may be in the
possession of AMSB, its servants, agents or employees.

(iii) In the event of termination of this agreement as described above, AMSB shall be entitled
to compensation as follows:

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 a. All payments due and owing to AMSB under this agreement at the time of AMSB’s
receipt of the written notice of termination for services and works completed and in
progress up to the date of termination; and

b. Reimbursement for any non-cancelable services and commitments entered into by

AMSB, in connection with this agreement, provided that AMSB provides XXX with
the necessary documentation of the expenses thereby incurred.

Such termination shall not affect any rights and obligations of the parties arising or
existing up to the date of such termination, inclusive of and not limited to the rights to
payment of AMSB prior to such termination.

6.1 TERMINATION [Suggestion : To remove this clause for redundancy, might backfire against
AMSB]

6.2 Either party may for its convenience terminate this agreement at any time by notice in
writing to the other. The notice must state the date of termination, including justifiable
reasons, which must be a date at least one (1) month after the date of service of the notice.

7.1 GENERAL

7.2 Notices

AMSB must obtain the written consent from XXX and/or the Manager before displaying
notice in the premise unless as mutually agreed earlier by the parties in relation to theto
exercise of theits duties and obligations herein provided.

7.3 Entire Agreement

This agreement constitutes the entire agreement between the parties in respect of the
subject matter of this agreement and supersedes all prior agreements, representations,
warranties, letters, statements and negotiations between the parties.

7.4 Conflict of Interest

AMSB must notify XXX in writing of any matter connected with the services which may give
rise to an actual or potential conflict of interest at any time during the performance of the
services.

7.5 Governing Law

The Laws of Malaysia shall will govern this agreement and the parties agree to submit to the
exclusive jurisdiction of the Court of Malaysia.

7.6 Amendments and Additions

No amendments, variations, revocation, cancellation, substitution or waiver of, or additions

or supplement to, of any of the provisions of this agreement shall be effective unless it is in
writing and signed by both parties.

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7.7 Successors and Assigns

This agreement shall be binding upon and ensure for the benefit of the respective permitted
and successors of the parties. Except as otherwise provided herein, the provisions hereof
shall enure to the benefit of, and be binding upon the successors of the parties hereto. This
agreement shall not be assigned by either party without the prior written consent of the
other.

7.8 Confidentiality

The parties shall at all times use their best endeavors to keep confidential and to procure that
its respective employees and agents shall keep confidential the contents of this agreement
and other confidential information which they may acquire in relation to or pursuant to any
of the provisions of this agreement and shall not use or disclose any such information except
with the consent of the other party or in accordance with the provisions of law or an order of
a court of competent jurisdiction.

7.9 Time of Essence

Time wherever mentioned shall be of the essence of this agreement, both as regards the
dates and periods specifically mentioned and as to any dates and periods which may be
agreed in writing in between the parties be substituted for them.

7.10 Severability

Any term, condition, stipulation, provision, covenant or undertaking contained herein which
is illegal, prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be in
effective to the extent of such illegality, prohibition or enforceability without invalidating the
remaining provisions hereof and any such illegality, prohibition or unenforceability in any
jurisdiction shall not invalidate or render illegal, void or unenforceable any such term,
condition, stipulation, provision, covenant and undertaking in any jurisdictionprovided under
this agreement.

7.11 Non Waiver

(i) Except as otherwise expressly provided herein, no waiver of any covenant, condition, or
provision of this agreement shall be deemed to have been made unless expressly in writing
and signed by the party against whom such waiver is charged and the failure of any party to
insist in any one or more cases upon the performance of any of the provisions, covenants, or
conditions of this agreement or to exercise any option herein contained shall not be
construed as a waiver or relinquishment for the other provisions, covenants, or conditions
herein provided. Nothing herein nor in any document executed pursuant hereto is to be
construed as a waiver, in respect of any antecedent breach hereof or any of the obligations
arising hereunder;

(ii) All powers remedies and rights of each party pursuant hereto shall remain and continue in
full force notwithstanding any apparent or valid waiver of the enforcement thereof on any
prior occasion.

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[The remainder of this page is intentionally left blank]

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IN WITNESS WHEREOF the parties hereto have executed this agreement.

Signed by KELVIN LIAW (NRIC: A.2670858) }

for and on behalf of the }
ADTEXLINK (M) SDN BHD }
(Company No. 949304-A) }
…………………………………………………….……..

In the presence of:

…………………………………………………….……..
Name: YEO SIEK BAN
NRIC: 830826-01-6125

Signed by ………. (NRIC …..) }

for and on behalf of }
XXXPALMYRA BANGSAR }
MANAGEMENT CORPORATION (MC) }
(Registration No. PTG/WP.20/1/2533………) }
…………………………………………………….……..
Name:
NRIC:

In the presence of:

…………………………………………………………..
Name:
NRIC:

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 APPENDIX 1
(To be read and construed as an essential part of this Agreement)

Scope of Services

(A) Swimming Pool Maintenance, Water Chemistry Consulting and Treatment Services

1.1 Daily Maintenance and Treatment Services

1.2 Daily excluding Saturdays, Sundays and Public Holidays, for maintenance, which including of skim water surface to remove
floating matters, and dosing of swimming pool chemicals to ensure the swimming pool water is clean, hygienic and in general
acceptable standard of operation condition for swimming purposes.

1.3 Daily excluding Sundays and Public Holidays, for checking on circulation pumps and filtration components and system to ensure
the circulation and filtration systems are operated as accordance to schedule.

1.4 Daily excluding Sundays and Public Holidays for testing of pool water samples and monitoring the swimming pool water to
ensure pH and Free Chlorine levels are maintained within the recommended ranges as hygienically accepted for swimming
purposes to prevent bacteria and/or algae and/or chloramines growth.

2.1 Routine and Periodical Cleaning Services

2.2 Three (3) times in a week for cleaning and/or vacuuming of swimming pool or whenever required in the event of emergency or
special circumstances.

2.3 Once (1) in a year subjected to allowable of balancing tank designed to carry out swimming pool balancing tank structure
inspection.

3.1 Routine and Periodical Water Treatment Services

3.2 Super-chlorinating the swimming pool water based on schedules or chemistry test results to prevent the possibility of algae and
chloramines forming.

3.3 Monthly water balance test on swimming pool water sample and monitoring the swimming pool water balance condition to
achieve total alkalinity, calcium hardness, total dissolved solid, cyanuric acid and nitrate within the recommended levels in
comply to “Garis Panduan Pemantauan Kualiti Air Kolam Renang” as issued by Kementerian Kesihatan Malaysia (KKM).

3.4 Monthly bacteria examination as conducted by Jabatan Kimia Malaysia (Chemistry Department of Malaysia) to ensure the
swimming pool water is free of bacteria to prevent any possibility of diseases are outbreaks in comply to “ Garis Panduan
Pemantauan Kualiti Air Kolam Renang” as issued by Kementerian Kesihatan Malaysia (KKM).

4.1 Periodical Inspection Services

4.2 Monthly underwater and pool desk tiling and floor/wall inlets inspection. Any lost or damages of the aforesaid mentioned to be
reported to the client.

4.3 Monthly underwater lights inspection, if applicable, to ensure all lighting fixtures are in function. Any malfunction of the lighting
fixtures to be reported to the client.

5.1 Periodical Safety Inspection Services

5.2 Monthly swimming pool main drain inspection to prevent any possibility suction or pool water backflow at main drain channel
for the safety of pool users.

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6.1 Contingency Maintenance Services

6.2 Brushing of swimming pool if required due to algae growth as caused by unavoidable factors.

6.3 Restoring the swimming pool to general acceptable standard of hygienic condition for swimming purpose in the event of
unavoidable interruption such as power failure.

7.1 Pump Room Maintenance Services

7.2 Scheduled backwashing of filters as per standard and the process of backwashing in comply with recommended procedures.

7.3 Monthly general cleaning and housekeeping of pump room, chemical storage tanks and other services as relevant with the
objective to maintain the pump room tidy and cleanliness condition.

7.4 Monthly circulation and filtration system and leak point inspection with the objective to ensure the equipment and plumbing
system are all in functional and serviceable condition.

8.1 Preventive Maintenance

8.2 Monthly cleaning of pumps’ strainers to ensure no affection on circulation and filtration system for swimming pool water flow
and to prevent the possibility of damages against the circulation pumps.

8.3 Monthly inspection of pressure gauges for pump delivery and suction pressure and filters.

8.4 Monthly suction and discharge pipelines inspection including gate valves, ball valves and butterfly valves functional conditions.

9.1 Reports

9.2 Service Report to provide general information of the swimming pool water basic parameters readings and schedules tasks being
performed during the visit.

9.3 Monthly Pool Water Balance Test Report to provide the overall information of the swimming pool water balance, including all
relevant parameters, test results.

9.4 Technical Reports to be provided in the event where immediate attention and action from the management is required due to
the system failure and also to provide for the references for all repairing and/or modification jobs that being performed by
AdtexLink.

10.1 Inclusion

10.2 Approved swimming pool chemicals as required to maintain swimming pool balance. A copy of certificate of analysis (COA) shall
be provided to the client for reference.

11.1 Professional Consulting Services

11.2 To provide professional consulting and recommendations to the client for replacing of malfunction equipment and/or fittings or
repairing services.

12.1 Exclusion

12.2 The cost of repairing or equipment and/or fittings and/or part changed to be responsible by the client.

12.3 The utility overheads as incurred such as water and electrical consumption for the operating of swimming pool to be responsible
by the client.

12.4 All swimming pools cleaning equipment such as vacuum head, vacuum hose, telescopic handle and etc as relevant shall be
provided by the client.

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(B) Water Feature Maintenance, Water Chemistry Consulting and Treatment Services

1.1 Daily Maintenance and Treatment Services

1.2 Daily services excluding Saturdays, Sundays and Public Holidays for maintenance which including skimming of water surface to
remove floating matters, and dosing of chemicals to ensure the water is clean and hygienic.

1.3 Daily excluding Sundays and Public Holidays for checking on circulation pumps and filtration systems (if any) to ensure the
systems are operated as per scheduled without interruption.

1.4 Daily excluding Sundays and Public Holidays for cleaning of overflow rim or skimmer strainers to ensure the water flow will not
be affected as caused by any blockage.

1.5 Daily excluding Sundays and Public Holidays for testing of water sample and monitoring of water basic parameters, that is Free
Chlorine and pH, are within the recommended ranges to ensure the water quality is safe and to prevent bacteria and/or
chloramines growth.

2.1 Routine and Periodical Cleaning Services

2.2 Once a month for water features cleaning and vacuuming or whenever required during the event of emergency or special
circumstances.

3.1 Periodical Inspection Services

3.2 Monthly underwater tiles inspection. Any damaged or loss of tiles to be reported to the client.

3.3 Monthly underwater lights inspection, if applicable, to ensure all the fixtures are in functioning condition in complied with
regulation for safety reasons and to be reported to the client any malfunction of underwater light fittings.

4.1 Contingency Maintenance Services

4.2 Brushing of water feature if required due to algae growth as caused by unavoidable factors.

4.3 Restoring of water feature to the hygienic condition in the event of unavoidable interruption.

5.1 Plant Room Maintenance Services

5.2 Scheduled backwashing of filters (if applicable) in comply with recommended standards, procedures and process.

5.3 Monthly circulation and filtration system’s leak point inspection with the objective to ensure the equipment, fittings and
plumbing system are all in functional and serviceable conditions.

6.1 Preventive Maintenance

6.2 Monthly cleaning of circulation pumps’ strainers (if applicable) to ensure water flow rate is not affected by any blockage and
eventually resulting filtration system failures.

6.3 Monthly general greasing of circulation pumps’ sets (if applicable) to prevent and minimize the possibility of equipment
premature.

6.4 Monthly inspection for condition of pressure gauges (if applicable) of pump delivery, suction and filters’ pressures.

6.5 Monthly suction and discharge pipelines’ fittings inspection (if applicable) for functionality including but not limited to gate
valves, ball valves, check valves and butterfly valves.

6.6 Yearly filters’ multiport valves, if applicable, functionality inspection to ensure the pool water flow direction are as according to it
desired flow without interruption caused by multiport valve failure.

6.7 Yearly filters’ media inspection (if applicable) to ensure the sand bed levels and media condition are at manufacturers’
recommendations to avoid the failure of filtration system.

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7.1 Reports

7.2 Technical Reports to be provided in the event where immediate attention and action from the management is required due to
the system failure and also to provide for the references for all repairing and/or modification jobs that being performed by
AdtexLink.

8.1 Inclusion

8.2 Approved water treatment chemicals as required and consumed to maintain water features.

9.1 Professional Consulting Services

9.2 To provide professional consulting and recommendations to the client for any replacing of malfunction equipment and/or fittings
and modification of existing system for improvement.

10.1 Exclusion

10.2 Any costs of repairing or equipment and/or fittings replacement to be responsible by the client.

10.3 The utility overheads as incurred such as water and electrical consumption for the operation of water features to be responsible
by the client.

10.4 All swimming pools cleaning equipment such as vacuum head, vacuum hose, telescopic handle and etc as relevant shall be
provided by the client.

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