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DATED THIS ………………………DAY OF……………………………….2009 AGENCY AGREEMENT BETWEEN ADIDUM INVESTMENT CORPORATION LIMITED AND ANTONY KIMANI DRAWN BY

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DATED THIS ………………………DAY OF……………………………….2009

AGENCY AGREEMENT

BETWEEN

ADIDUM INVESTMENT CORPORATION LIMITED

AND

ANTONY KIMANI

DRAWN BY

P. W. MBUGUA-MUDIDA

ADVOCATE

P.O. BOX 21310-00505

NAIROBI

AGENCY AGREEMENT

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This agreement made this …………… day of …………………..2009 between ADIDUM

INVESTMENT CORPORATION LIMITED registered under the COMPANY LAW ACT CAP 486 OF

Laws of Kenya of P.O. BOX 20110-00200 NAIROBI and having its registered office at NAIROBI

herein called the AGENTS (which expression shall where the context permits include its

successors and assigns )on the one part and ANTONY KIMANI OF P.O BOX 21310 -00505

hereinafter called the CLIENT (which expression shall where the context allow include any

permitted successors and assigns) on the other part.

WHEREAS :

1) The client is the registered owner of the apartment known as Apartment No. D7 (hereafter

referred to as “the property”) located on all that piece of land registered as LR No. 330/550

situated along Riara Road at Riara Downs in Nairobi.

2) The client has agreed to lease the aforementioned property to a tenant for a period of one

year with the rent payable every month in advance and in accordance with the lease

agreement between the client on one part and tenant on the other part.

3) The agents are agreeable to act for the client herein in accordance with this agency

agreement and in relation to the tenancy agreement mentioned herein above.

IT IS HEREBY AGREED as follows:

1) That ADIDUM INVESTMENT CORPORATION LIMITED is hereby appointed the sole

managing agents of the clients with respect to the aforementioned property

2) That the agent shall charge the client a commission of five per centum (5 %) of the rent

payable for the aforesaid property and for all services rendered by the agents to the client

in respect to the property hereof

3) That the client will indemnify the agent against liabilities ,claim and or actions that may

arise when acting on behalf of the client in regard to the aforementioned property provided

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such actions are consequent to exercise of agent’s apparent and or express authority

within the agency agreement.

4) That the client will be liable for the costs consequent to expenses incurred or antecedent

by the agent while carrying out clients obligations under the tenancy agreement with the

client’s tenants.

5) That this agency agreement may be terminated by either of the parties to this agreement-

by giving the other party a sixty (60) days notice in writing served to the other party in his

last known postal address.

6) That the agents hereby undertake and agree with the client that they shall at all times

during the continuance of this agreement observe and perform the terms and conditions

set out in this agreement and in particular:

(a) They shall collect the rent due from the tenants monthly in advance and deposit

the said rents in the client’s bank account less the commission due to them.

(b) They shall ensure that the service charge due from the tenant of the client to the

management company of the aforesaid premise is promptly paid in advance at the

commencement of every month.

(c) They shall ensure utility bills due on the aforesaid property such as electricity,

water and telephone bills are paid as and when they fall due.

(d) They shall carry out periodic inspection of the premises on behalf of the client

upon giving reasonable notice to the tenants to ensure the premise is in a

reasonably habitable condition save for fair wear and tear.

(e) They shall carry out any repairs within the landlord’s maintenance obligations in

the lease agreement upon giving reasonable notice to the tenant in accordance

with the landlord /tenant lease agreement.

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(f) They shall keep proper books of accounts and records setting out clearly the

transactions as to income and expenditure with respect to the premises and shall

make available periodic reports of such accounts to the client upon request.

(g) They shall ensure that the tenant complies with all the terms and conditions of the

lease agreement i.e. between the tenant and client at all material times during the

continuance of agency agreement

IN WITNESS whereof the parties have agreed as hereunto and duly executed as hereunder this

Agency Agreement on the day and year first hereinbefore written.

SIGNED by the CLIENT )ANTONY KIMANI ) in the presence of )

))………………………..) DEPONENT)

SIGNED by the AGENT ) ADIDUM INVESTMENT )CORPORATION LIMITED )in the presence of )

)……………………….) DEPONENT