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LEASE AGREEMENT

THE AGREEMENT is made this on this 10th day of May, 2021


BETWEEN
FAKHRUDDIN TAIBALI of P.O Box 9671, Dar Es Salaam (hereinafter called "the Lessor")
which expression shall, where the context so admits, include his assigns, executors and other
successors in title) of the one part.
AND
DXS COMPANY LIMITED of P.O. Box 16549 Dar es salaam (hereinafter referred to as "the
LESSEE" which expression shall, where the context so admits include its assigns, executors and
other successors in title) of the other part.
WHEREAS the Lessor is the lawful owner of Apartment 2B on the 2nd floor, Plot No 102
Migombani Steet, Dar es Salaam Tanzania hereinafter called ("the Property") is desirous of
letting to the Lessee the House for residential purposes and the Lessee is desirous of acquiring
thereof subject to terms hereinafter described.
WHEREAS the Lessee is desirous of taking in lease the above mentioned Demised Premises
upon the conditions and the terms hereinafter appearing;
NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:
1) The period of tenancy herein referred to as the "Contractual Period" shall be for a period
of 1 (one) year starting from the 10th June 2021 and expiring on 9th June 2022 with an
option for renewal following three months prior notice to the expiry date after the first
year and if no prior notice is given by any of the parties the lease agreement is
automatically extended until any of the parties will give a prior notice of three months.

2) The Lessee shall pay MONTHLY rent of two million and four hundred thousand
shillings only (TZS 2,400,000/=) and in total twenty eight million eight hundred
thousand only (TZS 28,800,000/=) in the following installments.
a) 1st installment on or before 8th May for the occupational period of June 10-July 10
2021- (TZS 2,400,000/=)
b) 2nd installment on or before 28th May for the occupational period July 10- August 10
2021- (TZS 2,400,000/=)
c) 3rd installment on or before 10th June for the occupational period August 10-
September 10 2021- (TZS 2,400,000/=)
d) 4th installment on or before 10th September for the occupational period September 10-
October 10 2021- (TZS 2,400,000/=)
e) 5th installement on or before 10th October for the occupational period October 10-
November 10 2021- (TZS 2,400,000/=)
f) 6th installement on or before 10th November for the occupational period November
10- December 10 2021- (TZS 2,400,000/=)
g) 7th installement on or before 10th December for the occupational period December 10-
January 10 2022- (TZS 2,400,000/=)
h) 8th installement on or before 10th January for the occupational period January10-
February 10 2022- (TZS 2,400,000/=)
i) 9th installement on or before 10th February for the occupational period February 10-
March 10 2022- (TZS 2,400,000/=)
j) 10th installement on or before 10th March for the occupational period March 10- April
10 2022- (TZS 2,400,000/=)
k) 11th installement on or before 10th April for the occupational period April 10- May 10
2022- (TZS 2,400,000/=)
l) 12th installement on or before 10th May for the occupational period May 10- June 9
2022- (TZS 2,400,000/=)

i) Any late payment shall attract a penalty of 15% of the amount in lieu. The rent
shall be subject to deduction and remittance of taxes as required by law.
ii) Such penalty stated under clause 2(i). shall start to account 7 days after the actual
date of default.
iii) The Lessor shall be responsible for the payment of 10% withholding tax and 1%
stamp duty.
iv) A copy of proof of payment as per clause 3 (iii) will be also sent to the lessee.

3) At the time of renewal, any annual rental increases shall be agreed between the Parties in
writing at least 3 months prior to the expiry of this lease.
4) Either party may terminate the lease by giving the other party prior written notice of one
months of such intention.
5) The Lessee shall deposit to the Lessor one million one hundred and sixty thousand
shillings only (TZS 1,160,000/=) on or before June 10th 2021 as security deposit which
will then be refunded to the Lessee after the contract is over and the property is returned
in the condition it was received.
6) The Lessee shall at its own expense:
a. Pay all charges for Electricity, Gas, Telephones, DSTV/Cable, and Internet in respect
of the demised premises accrued and payable during the tenure of the lease period and
upon the expiration to provide documentary evidence for having settled all the above-
referred charges.
b. Be responsible for safekeeping of their belongings. The Lessor will not be responsible
for any loss or liability whatsoever.

7) THE LESSEE HEREBY COVENANTS WITH THE LESSOR AS FOLLOWS:

a. To permit the Lessor and/ or his agent with or without workmen, subject to twenty-
four (24) hour notice within day time, after such notice to the Lessee in that respect,
to enter upon the premises to examine and/or to execute major repairs to the said
premises.
b. To pay the rent reserved herein whatsoever in the manner and upon the dates herein
agreed.
c. Do not make any internal non-structural alterations or to make additions to the
Demised Premises without prior permission from the Lessor, and to maintain the
Demised Premises, including all additions thereto, fixtures, doors, windows, locks,
sanitary, water apparatus, electric apparatus, etc., in good repair and tenantable
condition with fair wear and tear accepted.
d. To not to make or suffer to be made any alterations or additions to the Premises
without the written consent of the Lessor.
e. At the end of the contract term or earlier termination of the tenancy, to hand over the
said premises to the Lessor complete with all fittings and electronic items along with
all locks & keys and in as good condition as ít was found at the beginning of the
contract with fair wear & tear being accepted. If any such fittings or appliances are
returned damaged or not in orderly condition the Lessee shall agree and pay such
charges on presentation.
f. Lessee to pay to the Lessor additional security deposit of amount one million one
hundred and sixty thousand shillings only (TZS 1,160,000/=). The deposit shall be
refundable to the Lessee without interest less any costs deducted during the said term
on the expiry or earlier termination of this Agreement and only after the delivery of
the Premises is in tenantable condition to the to the lessor's satisfaction and evidence
that all bills in respect of electricity, telephone and any other utility bills have been
settled in accordance with the terms of this Agreement.
g. To repair damages to the Demised Premises and/or the building caused by Lessee or
Lessee's agents, employees, contractors, licensees, and visitors.

8) THE LESSOR HEREBY COVENANTS WITH THE LESSEE AS FOLLOWS:


a) To pay land rent and other statutory charges.
b) To allow the Lessee, having occupied the said Premises and observing and
performing the several covenants, shall peacefully hold and enjoy the Premises
without interruption by the Lessor or his agents.
c) To keep the main structure, roof, drainage system, sewer system, walls and all other
exterior parts of the house and building comprised in the demised premises in good
repair.

9) DISPUTE RESULTION
Any dispute arising from or in connection with the provisions of this lease shall be resolved
amicably by the parties hereto within thirty (30) days from the day when the aggrieved party
informs the other party, in writing, of the dispute, failing which, the aggrieved party may
refer the dispute to arbitration. Any such disputes which cannot be resolved amicably as
aforesaid shall be finally settled under arbitration. The arbitration shall take place in Dar es
Salaam, Tanzania and be conducted in the English language. Shal arbitration fail parties shall
resort to court of competent jurisdiction.
10) FORCE MAJEURE EVENT
Means the occurrence of:
a) an act of war (whether declared or not), hostilities, invasion, act of foreign enemies,
terrorism or civil disorder;
b) ionizing radiations, or contamination by radioactivity from any nuclear fuel, or from
any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or
other hazardous properties of any explosive nuclear assembly or nuclear component
thereof;
c) pressure waves from devices travelling at supersonic speeds or damage caused by any
aircraft or similar device;
d) a strike or strikes or other industrial action or blockade or embargo or any other form
of civil disturbance (whether lawful or not), in each case affecting on a general basis
the industry related to the affected Services and which is not attributable to any
unreasonable action or inaction on the part of the Company or any of its
Subcontractors or suppliers and the settlement of which is beyond the reasonable
control of all such persons;
e) specific incidents of exceptional adverse weather conditions in excess of those
required to be designed for in this Agreement which are materially worse than those
encountered in the relevant places at the relevant time of year during the twenty (20)
years príor to the Effective Date;
f) tempest, earthquake or any other natural disaster of overwhelming proportions;
pollution of water sources resulting from any plane crash;
g) prolonged or permanent discontinuation of electricity supply, not covered by the
agreement concluded with the [utility company]; or
h) other unforeseeable circumstances beyond the control of the Parties against which it
would have been unreasonable for the affected party to take precautions and which
the affected party cannot avoid even by using its best efforts,
Which in each case directly causes either party to be unable to comply with all or a part of its
obligations under this Agreement;
1) Neither Party shall be in breach of its obligations under this Agreement (other than
payment obligations incurred prior to the Force Majeure Event) or incur any liability to
the other Party for any losses or damages of any nature whatsoever incurred or suffered
by that other (otherwise than under any express indemnity in this Agreement) if and to
the extent that it is prevented from carrying out those obligations by, or such losses or
damages are caused by, a Force Majeure Event except to the extent that the relevant
breach of its obligations would have occurred, or the relevant losses or damages would
have arisen, even if the Force Majeure Event had not occurred in which case this Clause
shall not apply to that extent).
2) As soon as reasonably practicable following the date of commencement of a Force
Majeure Event, and within a reasonable time following the date of termination of a Force
Majeure Event, any Party invoking it shall submit to the other Party reasonable proof of
the nature of the Force Majeure Event and of its effect upon the performance of the
Party's obligations under this Agreement.
3) The Lessor shall, at all times take all reasonable steps within their respective powers (but
without incurring unreasonable additional costs) to:
a) prevent Force Majeure Events
b) mitigate the effect of any Force Majeure Event; and
c) Comply with its obligations under this Agreement.
The Parties shall consult together in relation to the above matters following the occurrence of a
Force Majeure Event.
11) MISCELLANEOUS
a) Notwithstanding Section 8 herein, the Lessor shall not be liable for any loss, damage
or injury to the tenant, the family, employees, servants, agents, visitor or licensees of
the tenant or the property arising from any fire, explosion, falling plaster stream, rain
or leaks, any defects in the Demised Premises or in the house or in any defect or
electric wiring or of the installation thereof, gas pipes, from broken stairs or from
bursting, leaking or running over any tank.
b) All the disputes arising out of the terms of this agreement shall be settled in
accordance with Section 9.

12) PROVIDED AND IT IS HEREBY MUTUALLY AGREED AND DECLARED THAT:


a) If the rent hereby reserved or any part thereof shall at any time remain unpaid for 30
days after becoming due and payable or if any covenant, condition or stipulation
herein contained shall not be performed or observed by the Lessee within a
reasonable time, the Lessor shall have the right to terminate the lease.
b) If at any time during the Lease the property becomes damaged by fire, not attributable
to the Lessee, or by a Force Majeure Event and it becomes unfit for habitation, the
Lessor shall afford the Lessee an acceptable alternative or terminate the Lease under
mutual agreement (in case of termination the unused rent will be refunded)
c) The Lessee shall be responsible for safekeeping of her/his personal belongings.
d) All the disputes arising out of the terms of this agreement shall be settled in
accordance with Section 10 of this agreement.
14. Amendments
Any amendments and additions to this agreement shall only be legally valid if they are drawn up
in writing, signed by the Parties, annexed to this lease agreement and deemed to form part
thereof.
IN WITNESS WHEREOF, both parties have laid their signatures in the manner, day and year
as it appears hereunder.

SIGNED by the said


FAKHRUDDIN TAIBALI
Who is known to me/personally identified to me ……………………………………..
By …………………….. this day of May, 2021. LESSOR
BEFORE ME:-
NAME:……………………………….
SIGNATURE:………………………..
ADDRESS:……………………………
QUALIFICATION:……………………..

SIGNED and SEALED by the said


DXS COMPANY LIMITED
Who is known to me/personally identified to me
By …………………….. this day of May, 2021.

NAME: Emmanuel Lawrence Nyolali


SIGNATURE:……………………….. LESSEE
ADDRESS: 16549 Dar es salaam
QUALIFICATION: 1st Director

NAME: Ally Mussa Chaka


SIGNATURE_________________
ADDRESS: 16549 Dar es Salaam
QUALIFICATION: 2nd Director

BEFORE ME:-
NAME: Innocent Beda Msoffe
SIGNATURE: ________________
ADDRESS: 16549 Dar es Salaam
QUALIFICATION: Commissioner for Oaths.

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