STANDARD TEXT ( New IS .net

STANDARD TEXT (New IS ) ? vacant school premises

THIS Service Agreement is made on day of

.

PARTIES:

(1) [SCHOOL SPONSORING BODY] of [Registered Address] which is incorporated in Hong Kong under the [Title of Ordinance] [with CR No. [ ]] (hereinafter referred to as "the SSB");

AND

(2) THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION as represented by the Permanent Secretary for Education of 11/F, East Wing, Central Government Offices, 2 Tim Mei Avenue, Tamar, Hong Kong (hereinafter referred to as "the Government").

WHEREAS

A. The Government wishes to provide quality education in accordance with approved education policies and invites organisations to operate international schools which are exempt from tax by virtue of section 88 of the Inland Revenue Ordinance (as defined below).

B. The SSB has submitted an application in response to the invitation.

C. The Government has selected the SSB as a qualified sponsoring body for the allocation of the School Premises (as defined below) and the operation of the School (as defined below).

D. The parties contemplate that the Government shall allocate the School Premises to the SSB.

E. The SSB has agreed to donate to the School a sum equivalent to the costs of furnishing and equipping the School in accordance with the Conditions (as defined below).

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F. The parties have agreed to proceed with the preparation and operation of the School on the terms and conditions hereinafter appearing.

NOW IT IS HEREBY AGREED

1. Definitions

1.1 "Conditions"

means the conditions upon which the School Premises is allocated and the School is to be operated, as set out in Schedule One attached hereto and as may be amended from time to time by mutual agreement between the parties.

1.2 "Education Ordinance"

means the Education Ordinance, Cap. 279 as may be amended from time to time.

1.3 "Education Regulations"

means the Education Regulations, Cap. 279A as may be amended from time to time.

1.4 "Inland Revenue Ordinance" means the Inland Revenue Ordinance, Cap. 112 as may be amended from time to time.

1.5 "Proposed School Plan"

means the proposed school plan submitted by the SSB in connection with its application for allocation of a school premises and accepted by the Government with amendments, if any.

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1.6 "School"

means a school which is exempt from tax by virtue of section 88 of the Inland Revenue Ordinance and which provides non-local curriculum for [primary and/or secondary] education at [address of the School Premises].

1.7 "School Development Plan" means the school development plan to be submitted by the SSB and as accepted by the Government pursuant to Clause 4.4 hereof.

1.8 "School Premises"

means the land the boundary of which is delineated in the location plan in Schedule Two attached hereto, together with the school building(s) constructed thereon.

1.9 "Tenancy Agreement"

means the agreement to be signed between the Government and the SSB with terms and conditions substantially as outlined in the sample agreement in Schedule Three attached hereto.

1.10 In this Agreement, words and expressions that are defined in the Education Ordinance shall bear the same meanings in this Agreement, unless otherwise defined.

1.11 In this Agreement unless the context requires otherwise ?

(a) words importing the singular number shall include the plural and vice versa;

(b) words importing any particular gender shall include all other genders; and

(c) references to persons shall include bodies of persons whether corporate or incorporate.

1.12 Any reference in this Agreement to any statute or statutory

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provision shall be construed as referring to that statute or statutory provision as it may from time to time be amended modified extended re-enacted or replaced (whether before or after the date of this Agreement) and including all subsidiary legislation from time to time made under it.

2. Government's Obligations to the SSB

2.1 The Government has in principle accepted the SSB's application for the allocation of the School Premises.

2.2 After entering into this Agreement, the Government shall grant a tenancy of the School Premises to the SSB by way of the Tenancy Agreement.

2.3 Subject to Clause 6 hereof, the term of this Agreement shall be for a period of ten years from the date of this Agreement and shall be co-terminous with the Tenancy Agreement.

2.4 This Agreement, if not renewed, shall automatically terminate upon the expiry of its term. The SSB may apply to the Government in writing for renewing this Agreement no later than 15 months before it expires. Subject to the Government's prevailing policy and the Government being satisfied with the performance of the School, this Agreement may be renewed for a five-year term at the sole discretion of the Government in accordance with the terms and conditions as specified in the future renewal agreement.

3. Implementation of the Proposed School Plan, the School Development Plan and the Conditions

3.1 The SSB shall operate and manage the School in accordance with the Proposed School Plan, the School Development Plan, the Conditions, the Education Ordinance, the Education Regulations, and such other requirements as specified from time to time by the Government.

3.2 The Conditions shall form part of the terms and conditions of this Agreement.

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3.3 In the event that a requirement in the Conditions is in conflict with any requirements in the Education Ordinance or the Education Regulations, the Education Ordinance and the Education Regulations shall prevail.

4. School Development Plan

4.1 The SSB shall submit to the Government a proposed school development plan providing such information as may be specified by the Government, within six months after the School has commenced operation.

4.2 The SSB shall ensure that the proposed school development plan is consistent with the Conditions, the Proposed School Plan, the Education Ordinance and the Education Regulations.

4.3 The SSB shall negotiate with the Government in good faith if the Government requests from time to time any reasonable alteration or modification to the proposed school development plan. The SSB shall not unreasonably refuse to comply with such requests. If the SSB shall fail to satisfy the Government on a proposed school development plan within one year after the School has commenced operation, the Government may terminate this Agreement in accordance with Clause 6.2(b) below.

4.4 Upon the acceptance by the Government, the proposed school development plan shall be deemed to be the School Development Plan. Any modifications to the School Development Plan shall require prior written approval of the Government.

5. Tenancy Agreement

5.1 The SSB and the Government shall enter into the Tenancy Agreement after entering into this Agreement.

6. Termination and its Consequences

6.1 The SSB hereby agrees that the Government shall be entitled to

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