6. FIRE SAFETY REGULATIONS AND REQUIREMENTS

6.1 The Concessionaire must ensure that all fire hose reels, fire extinguishers, kitchen fire suppression

system (for food outlets and restaurants) and all other fire equipment and fire protection systems in the

Concession Area, and are as a minimum in accordance with British Kite Mark Standards regarding fire

retardant furniture or any equivalent standard which may be introduced from time to time, are checked

and serviced at least once annually by trained persons of an approved organisation, authorised by the

relevant Authorities and a label certifying that the equipment and/or system is checked must be

attached to the same.

6.2 The Concessionaire must take all practicable and proper precautions and use all means for the

prevention of fire to the satisfaction of ADAC and in particular, not to block up or obstruct any fire exit

or access to fire equipment.

6.3 Prohibited substances found on/in the Concession Area will be confiscated and destroyed by ADAC

and the cost thereof together with an Administrative Fee or such charges as ADAC may impose from

time to time, will be borne by the Concessionaire and paid within 10 Business Days from the date of

written notice from ADAC so to do.

6.4 ADAC or its agents may conduct unannounced fire safety inspections at the Concession Area from

time to time. The Concessionaire must receive a fire safety inspection report following unannounced

checks of the Concession Area.

6.5 Any non-compliance by the Concessionaire with fire safety requirements, procedures or measures

listed in the fire safety inspection report, must be rectified by the Concessionaire within 20 Business

Days from the date of the receipt of the report according to the recommendations made by ADAC.

After the 20 Business Day period, ADAC may carry out a re-inspection of the Concession Area.

6.6 If there are any outstanding deficiencies or deficiencies not rectified to the satisfaction of ADAC, as

observed during the re-inspection and where these deficiencies are material, ADAC must give the

Concessionaire a further 10 Business Days from the date of re-inspection to rectify the same before a

further re-inspection is held. If the deficiency remains, the Concessionaire's Business must be

suspended without compensation and the Concessionaire must be given another 10 Business Days

before action is taken to terminate this agreement.

6.7 Where ADAC finds that the deficiencies are minor, and the Concessionaire fails to rectify within 10

Business Days after being given notice so to do, ADAC must take all steps necessary to rectify the

same immediately thereafter and the Concessionaire must bear all costs and expenses, plus an

Administrative Fee (or such charges as ADAC may impose from time to time), incurred by ADAC.

SCHEDULE 7 REQUIREMENTS FOR ALTERATIONS AND ADDITIONS WITHIN ABU

DHABI AIRPORT (CORE & SHELL)

The Concessionaire must:

(a) submit to ADAC 20 Business Days before the earlier of the Early Works Handover Date and

the Effective Date, the detailed drawings of the proposed renovations and Fit Out Works

properly endorsed by a professional engineer/architect. As built drawings must be submitted

to ADAC on completion of the renovation works and Fit Out Works and also at the expiry or

earlier termination of the Concession Term whichever is earlier. The Concessionaire

acknowledges that ADAC will have the right, notwithstanding the expiry or earlier

determination of the Concession Term, to use the detailed drawings in any manner or for

whatever purpose ADAC deems fit;

(b) during the period of renovation of the Concession Area or the Fit Out Works, comply with the

rules and regulations laid down by ADAC in respect of the site security, access, hoarding for

the Concession Area, bringing in and out of materials and equipment, site safety and cleaning

of debris. Additionally:

(i) the Concessionaire must ensure that all addition and alteration works, renovations,

construction or installation works will in no way affect the functioning or efficiency

of existing fire protection systems and means of escape at the Airport. Prior to any

work that may generate sparks, open flame or create high temperatures the

contractor is required to obtain the written approval of ADAC and be issued with a

Hotworks permit Any approval will be subject to the condition that all fire safety

requirements are met;

(ii) the Concessionaire must ensure that proper hoarding is installed in compliance with

ADAC's directions and requirements before commencing any renovation work or Fit

Out Works within the Concession Area or in the surrounding area and the

Concessionaire must ensure that the hoarding is not removed until the renovations are

completed;

(iii) if the hoarding required by ADAC is not put up by the time renovation work or Fit

Out Works commences, the Concessionaire permits ADAC to put up such hoarding

at the cost and expense of the Concessionaire which cost and expense must be paid to

ADAC on demand plus an Administrative Fee.

(c) in addition to the Airport Fire Safety Regulations, adhere strictly to Airport bylaws,

regulations and requirements as well as the following conditions:

(i) all addition and alteration works, renovations, construction or installation works must

be carried out by the Concessionaire such that they do not in any way affect the

functioning or efficiency of existing fire protection systems and fire escape routes at

the Airport. Prior written approval from ADAC regarding fire safety measures,

escape routes and other fire precautions during such works, must be obtained by the

Concessionaire in addition to the other requirements or approvals by ADAC and/or

relevant Authorities;

(ii) submit copies of the building, fire protection, air-conditioning & mechanical

ventilation plans indicating the extent of renovations, alterations and/or additions,

together with all proposed fire safety measures, duly certified by appropriately

qualified persons to ADAC for prior approval; and

(iii) at least 3 Business Days prior to the completion date of the renovation or addition

and alteration works or Fit Out Works or scheduled opening/re-opening of the

Concession Area advise ADAC of this and arrange for a joint site inspection to be

carried out by ADAC to check that all fire safety requirements and shop fittings

requirements are fully complied with; and

(d) pay all costs and expenses to provide additional security measures (including the contracting

of personal security services) to ensure that any renovation or addition and alteration works or

Fit Out Works to the Concession Area are properly secured and monitored.

If, in ADAC's opinion, the Concessionaire has failed to comply with any fire safety requirements and

recommendations, the Concessionaire will be required to close the Concession Area with immediate

effect and the Concession Area will remain closed until all fire safety requirements and

recommendations are fully met.

All payments due to ADAC by the Concessionaire under this agreement will continue to accrue and the

Concessionaire will not be entitled to receive any compensation from ADAC. The Concessionaire will

be allowed up to 20 Business Days to rectify all such non-compliances, failing which ADAC will carry

out the necessary rectification works or any renovation or addition and alteration works or Fit Out

Works to the Concession Area and the Concessionaire must bear all costs and expenses without

compensation or set off which must be payable to ADAC on demand plus an Administrative Fee (or

such other amount as ADAC may determine from time to time).

SCHEDULE 8 RENOVATION GUIDELINES

1. INTRODUCTION

1.1 The Concessionaire must fully comply with Schedule 8 and the renovation guidelines as

detailed in this Schedule 8.

1.2 The Concession Area will be given to the Concessionaire in “core and shell” condition.

2. REQUIREMENTS

2.1. General

2.1.1. The Concession Area is assumed to be handed over in dry condition with the surrounding

building weatherproof and heated.

2.1.2. The Concessionaire shall appoint a consultant architect/professional engineer to take charge of

the design of the Concession Area.

2.1.3. The Concessionaire shall only appoint Airport approved contractors/subcontractors for any

construction in the Concession Area. ADAC reserves the right to reject any or all of

contractors/subcontractors and appoint contractors/subcontractors for the Concessionaire if it

deems necessary.

2.1.4. The Concessionaire must submit complete set of drawings to the Airport for approval, which

includes but not limited to:

(a) Architectural Drawings

(b) Fixture Plans

(c) Mechanical Drawings

(d) Plumbing Drawings

(e) Electrical Drawings

(f) Fire Protection Drawings

(g) Signage Drawings

(h) Special System Drawings

(i) Three-dimensional views

(j) Material Selections and Finish Boards

(k) Specifications

2.1.5. The Concessionaire and its consultant architect/professional engineer/contractor must comply

with ADAC requirements and guidelines on any works including the Fit Out Works or any

renovation works (“Works”).

2.1.6. The Concessionaire must ensure that a site inspection is conducted and to check and verify all

drawings on the site before actual commencement of any Work. The Concessionaire must

keep ADAC informed should there be any discrepancies in the drawings.

2.1.7. Before Works can commence, the Concessionaire must:

complete and return a letter of indemnity (obtainable from ADAC) indemnifying ADAC in

respect of any injury or death of person or damage to property as a result of Works carried out

by its contractor; and

2.1.8. When the Concession Area is handed to the Concessionaire, all works that the Airport has to

execute within the Concession Area are assumed to be completed, except for the specified and

programmed activities related to the Work.

2.1.9. The Concessionaire will take over the Concession Area and must hoard off the areas during

fitting out period with due consideration to neighbouring concessions and health and safety

standards.

2.1.10. The Concessionaire must bear all costs specific for the concession and the Fit Out Works The

Concessionaire must ensure that no person shall commence or carry out any Works except

under the full time supervision of appropriate qualified site supervision. The particulars of

such persons shall be made known to ADAC.

2.1.11. ADAC reserves the right to inspect the Concession Area without notice from time to time

during the period the Fit Out Works are being carried out.

2.1.12. All Works carried out in the Concession Area must be in strict accordance with the approved

drawings.

2.1.13. Distribution of services inside the Concession Area will be executed by the Concessionaire.

2.1.14. Locations of openings or recesses are to be approved by the Airport and execution to be

carried out by the Airport.

2.1.15. Firestoppings and/or castings around M&E utility services’ pass through perimeter walls or

slabs should be carried out under supervision from the airport

2.1.16. Works provided by the Airport are assumed to comply with all statutory requirements,

including but not limited to fire resistance.

2.2. Non-Combustible Materials

2.2.1. All construction contractors must use all non-combustible materials and be in accordance with

applicable sections of the National Fire Protection Association (NFPA) and in compliance

with relevant sections of BS 476.

2.2.2. All materials shall achieve fire rating class “0”. The Concessionaire must include such

certificate along with drawing submissions. No drawings will be approved without the

certificate.

2.2.3. All wood and wood composite materials shall have UL stamps certifying a value of 25 or less

flame spread and a value of 200 or less for smoke developed.

2.3. Floors

2.3.1. Floors are to be provided by the Airport as concrete slab floors without screed or finishes.

2.3.2. Penetrations in floor slabs will be supervised by the Airport provided the locations of

penetrations are approved.

2.3.3. The Concessionaire shall ensure that finished floor within the shop levelled with the existing

floor finishes outside the Concession Area. 5mm stainless steel strip shall be installed to

demarcate the Concessionaire’s space and common space.

2.4. Walls

2.4.1. Each Concession Area’ perimeter walls are assumed to be provided by the Airport as block

walls without plaster or other finishes, but with plane and vertical surfaces.

2.4.2. Finishes on perimeter walls on sides facing the Concession Area are assumed to be by the

Concessionaire, whereas sides facing away from the Concession Area will be provided with

finishes by the Airport or other concessionaire.

2.4.3. No perimeter block walls will be provided by the Airport on the side adjacent to the common

area. This will be considered as entrance to Concessionaire’s Concession Area.

2.5. Ceilings

2.5.1. Ceilings in Concession Areas are only assumed to be slab ceilings or similar without plaster or

other finishes provided by the Airport.

2.5.2. False ceiling shall be provided by the Concessionaire. Access panels shall be provided by

Concessionaire to allow for Airport’s maintenance and service. Size and locations of access

panels will be approved by the Airport.

2.5.3. The lighting loads in the Concession Area shall not exceed 30w per square meter.

2.6. Water

2.6.1. Water mains are assumed to be provided to the Concession Area by the Airport according to

Concessionaire’s approved drawings and specifications.

2.6.2. Water mains are assumed to be equipped with a main stop valve located where

Concessionaires can have easy access. Distributions inside the Concession Area are assumed

to be by Concessionaires.

2.7. Drainage

2.7.1. Provisional locations for drainage in the Concession Area may be provided for those in which

the Airport deemed necessary for the operation of the Concessionaire’s business.

2.7.2. Request for additional locations can be granted pending the approval from the Airport. See

2.3.2

2.8. Electricity

2.8.1. Power is assumed to be supplied for 230 and 400V and will be pulled from the nearest

electrical room for the concessionaire . Fuse board and internal wiring will be executed by the

Concessionaire.

2.8.2. Temporary power will be provided by the Airport or its contractor. Lighting during

construction will be provided by Concessionaire.

2.8.3. After the completion of the Works, it shall be the responsibility of the Concessionaire to apply

for energization of the Concession Area to ADAC.

2.9. Gas

Gas will not be provided by the Airport and will not be permitted to be used in the Concession Area.

2.10. Ventilation

2.10.1. Fresh air duct tie in point is assumed to be supplied to Concession Area by the Airport. This

ductis assumed to be provided by the Airport with appropriate lagging, fire cladding, firetraps,

sound traps and any statutory requirements.

2.10.2. Inside the Concession Area’ distribution ducts, adjustment valves, anemostats, etc will be

provided by Concessionaire.

2.11. Heating

2.11.1. Heating will not be provided by the Airport. Heating installations are assumed only to be

necessary in connection with air conditioning.

2.11.2. No heating installations are foreseen within the Concession Area and consequently any

required heating installation is assumed to be executed by Airport.

2.12. Cooling

2.12.1. In addition to cooling related to the air conditioning, chilled water will also be required for

refrigeration plants in the Concession Area.

2.12.2. Chilled water mains tie in point is assumed to be equipped by the Airport. Distributions inside

the Concession Area will be executed by Concessionaire.

2.13. No metering is assumed to be required Fan coil units are assumed not to be supplied by the Airport

The Concessionaire shall submit full detailed specifications and include heat load calculations for the

Concession Area and all calculations are to be endorsed by a Professional Engineer.

2.14. Sprinklers

2.14.1. Sprinkler systems are assumed to be a general non-concessionaire specific requirement, except

for individual fire extinguishers related to specific equipment.

2.14.2. General sprinkler installations in the Concession Area are assumed to be provided with

upturned heads only.

2.14.3. Consequently downturned heads will be done by the Concessionaire. Where downturned

heads will be fitted below the ceilings. They will be fitted only after the ceilings are finished.

2.14.4. Installations shall be performed in accordance with NFPA 13, the ‘Standard for the installation

of Sprinkler Systems’. Additionally, Concessionaire will need to demonstrate quality

installation through 16 bar testing over 24 hour period.

2.14.5. Testing and commissioning of the fire protection system to be done under supervision of

relevant local Authority, the Airport, and as described in NPFA 25.

2.15. Fire Extinguishers

The Concessionaire must install at least one 10 pound multi-purpose dry chemical (portable)

extinguisher within the Concession Area. Fire extinguishers shall be in accordance with NFPA 10 and

be approved by local statutory authority.

2.16. Smoke Curtains (If Required)

2.16.1. Required smoke curtains inside the Concession Area where the Concessionaire provides the

finished ceiling will be provided by the Concessionaire.

2.16.2. If required, smoke curtains at the Concession Area perimeters are assumed to be provided by

the Airport.

2.17. Smoke Detectors And Fire Alarms

2.17.1. Smoke detectors and fire alarms are assumed to be a general non-concessionaire specific

requirement, except for individual smoke detectors related to specific equipment.

2.17.2. Consequently smoke detectors and fire alarms in general are assumed to be provided by the

Airport.

2.17.3. However, where the Concessionaire provides the finished ceilings, smoke detectors and fire

alarms that must be positioned below the ceiling are assumed not to be fitted until the ceilings

are finished and are to be included within the Concessionaire’s scope to supply and connect

from the Airport’s system using airport approved installer

2.18. Automatic Fire Door Closing

2.18.1. Automatic fire door closing devices on doors in the Concession Area will be provided by

Concessionaire in accordance with statutory requirements.

2.18.2. Automatic fire door closing devices on doors in the perimeters of Concession Area are

assumed to be provided by the Airport.

2.18.3. Only circuit breakers for perimeter automatic fire door closing devices are assumed to be

provided by the Airport.

2.19. Emergency Lighting

Emergency lighting in the Concession Area are to be provided by the Concessionaire.

2.20. Escape Route Signage

Escape route signage in the Concession Area will be provided by the Concessionaire according to

statutory requirements and in co-operation with the Airport.

2.21. P.A. System

A general P.A. system is assumed to be a non concessionaire specific installation. Consequently the

P.A. system is assumed to be provided by the Airport to the extent the Airport requires it in the

Concession Area.

2.22. Sound, Video, and/or Television Installation

2.22.1. To the extent that Concessionaires request to install music, video and/or television in the

Concession Area, it is assumed that such installations are acceptable to the Airport.

2.22.2. If a P.A. system is operating in the Concession Area, the Concessionaires will, upon request,

provide a sound suppression device to allow the P.A. system’s announcements to suppress

other sound installations.

2.23. Flight Information Monitors

Flight information monitors in Concession Area (if required) are assumed to be provided by the

Airport.

2.24. Telecoms/ IT/ Data

2.24.1. Telecoms/ IT/ Data points are assumed supplied to the Concession Area by the Airport

according to Concessionaire’s approved drawings and specifications.

2.24.2. Distributions inside the Concession Area will be done by the airport

2.24.3. It is the Concessionaire’s responsibility to apply for telephone/ fax connection from the

service provider.

2.25. Security Control System

2.25.1. Security control requirements are assumed to be non-concessionaire specific and can be

installed by concessionaire after approval by airport

2.25.2. The installation of any security control system outside Concession Area will be assumed to be

by the Airport and inside Concession Area will be by the Concessionaire.

3. COMMENCEMENT OF WORK

3.1 The Concessionaire or its contractor shall apply for a permit to work (form to be provided by ADAC).

No Work or installation is allowed to proceed while pending for approval. Should the contractor or

Concessionaire choose to ignore this stipulation, ADAC reserves the right to advise the Concessionaire

to engage a new contractor, or cut off electricity supply to the Concessionaire’s premise, or any other

penalties which ADAC may impose, till such time ADAC is satisfied that the

Concessionaire/contractor has complied with the requirements laid down.

3.2 The Concessionaire may proceed with the installation work only after every proposed plan has been

approved by ADAC and other relevant authorities. The contractor shall also take note and comply with

the conditions of approval (if any).

3.3 The Concessionaire shall inform ADAC on the commencement and completion dates of any Works.

3.4 The Concessionaire must ensure all installation Works carried out are in compliance with all statutory

requirements imposed by the relevant Authorities.

3.5 No “hot work” is allowed at the Airport without the prior written approval of ADAC. The

Concessionaire shall provide serviceable fire extinguishers within 10 meters from the place of work

where a torch is used. The Concessionaire shall engage the service of an Airport fireman to standby on

the Concession Area if required by ADAC.

3.6 No flammable object/material, such as thinner, kerosene, oxygen cylinder, is allowed to be stored in the

Airport. If it is required for the execution of any Works, it shall be brought to the Concession Area and

removed from the Airport on the same day.

3.7 Precautions shall be taken by the Concessionaire to prevent damage to ADAC’s property in the course

of any Works. Floors in public areas affected by the Works shall be covered with clean nylon sheets.

Glass, aluminium panels, tiles, etc shall be properly protected from welding sparks, corrosive fluid,

sharp/abrasive objects, etc. When carrying out any Works, the Concessionaire must ensure that its

contractors do not block or impede any fire protection system.

3.8 The Concessionaire must notify ADAC immediately of any site problem that is likely to affect the

proper operation of the services at the Airport in the course of any Works.

3.9 Working hours will be varied according to the location of the Concession Area within the Airport.

ADAC will stipulate the amount of hours per day a contractor can work.

4 AFTER COMPLETION OF WORK

4.1 The Concessionaire must make good all Works distributed to ADAC’ satisfaction at its own cost.

4.2 To arrange for a joint inspection with ADAC upon completion of any Works. All fire protection

systems will be checked to ensure that they are not blocked or impeded.

4.3 The Concessionaire will be responsible for the proper maintenance of the Concession Area during the

Term.

4.4 The Concessionaire must appoint a qualified contractor to engage in maintenance work within the

Concession Area.

4.5 All M&E systems, equipment and plants installed within the Concessionaire Area shall be maintained

in good condition by the Concessionaire or its appointed contractor.

4.6 The Concessionaire shall submit three (3) complete sets of as-built drawings (architectural, Structural

and M&E drawings) and 1 set of intermediates to ADAC within three weeks upon completion of any

Works.

SCHEDULE 9 INSURANCE

1. The Tenant must (at its own cost) effect and maintain throughout the Term the following insurance

policies:

(e) combined public and product liability insurance (however described) with an indemnity to

principal clause:

(i) covering legal liability for:

(A) damage to any real and personal property including the property of the

Landlord; and

(B) personal injury to, illness or death of, any person,

arising out of or in connection with the Tenant’s use or occupation of the Premises,

(ii) with

(A) a limit of indemnity not less than the amount set out in Item 27 of the

Particulars for each occurrence or series of occurrences arising out of the

one event; and

(B) a deductible or excess not more than the amount set out in or determined in

accordance with Item 27 of the Particulars;

(f) property insurance (however described):

(i) in the joint names of the Concessionaire, ADAC and ADAC’s subsidiaries;

(ii) for the full insurable value, on a replacement basis, against all insurable risks

(including business interruption) covering the Tenant’s Works including additions,

other than of a structural nature, to the Premises carried out by the Tenant;

(iii) which policy provides that any failure by any insured to observe and fulfil the terms

of the policy will not prejudice insurance in regard to any other insured;

(g) workman’s compensation insurance or similar cover (however described) with an indemnity

to principal clause, which provides coverage in accordance with all relevant applicable Laws

in which employees, and other workers of the Tenant treated as being employed by the

Tenant, perform work in connection with this Lease;

(h) employer’s liability insurance (however described) with an indemnity to principal clause:

(i) in an amount not less than the amount set out in Item 28 of the Particulars;

(ii) to cover any and all liability of the Tenant to any employee of the Tenant that is not

covered by the worker’s compensation insurance policy referred to above in respect

of liability for bodily injury by accident or disease including resulting death sustained

by any employee of the Tenant as a result of the execution of any works by the

Tenant and in its use or occupancy of the Premises; and

(i) automobile liability insurance (however described) with an indemnity to principals clause in a

sum not less than the amount specified in Item 29 of the Particulars each occurrence for third

party property damage and unlimited for third party bodily injury; and

(j) if Fit Out Works are being undertaken, contractor’s all risk insurance covering:

(i) the value of the Fit Out Works; and

(ii) the same limitation of liability as the combined public and product liability insurance

referred to in paragraph 1(a) above.

2. The Tenant must (at its own cost):

(a) pay or discharge the deductible or excess payable in connection with any claim made in

respect of any loss or liability covered by any insurance policy required under this Lease;

(b) ensure that all insurances to be maintained by the Tenant under this Lease include a waiver of

subrogation in favour of the Landlord and its subsidiaries, associated and/ or affiliated

companies, their directors, employees, servants and agents;

(c) ensure that the insurer for each of the insurances to be maintained by the Tenant under this

agreement is approved by the Landlord and registered in the UAE, and is licensed to operate

in the UAE in accordance with the Law;

(d) ensure that the insurance policies required to be effected under paragraph 1 above covers

events occurring during the policy's currency regardless of when claims are made;

(e) not use the Premises or carry on any business at the Premises or do or omit to do at the

Premises anything which may make void or voidable or prejudice any claim under any policy

for the insurance of the Premises or any nearby premises of the Landlord or which may

increase the premium payable for such insurance;

(f) without limiting or derogating from anything required in this Schedule ensure that the

insurance policies required to be effected under paragraph 1 do not contain any exclusions

relating to operating airports;

(g) give to the Landlord, on or prior to the Commencement Date, whichever is earlier, and at any

other time requested by the Landlord:

(i) in respect of the insurance policy required pursuant to paragraph 1(b) the policy

wording, the schedule and any endorsement slips;

(ii) in respect of all other insurances required under this Lease, renewal certificates or

certificates of currency issued by the insurer; or

(iii) any other information reasonably required by the Landlord in respect of any of the

insurance policies required;

(h) immediately notify the Landlord in writing of any occurrence likely to give rise to a claim

under any of the policies referred to in clause 1 above; and

(i) promptly give written notice to the Landlord if an insurer gives notice of cancellation or other

notice in respect of any insurance policy and provide to the Landlord a copy of such notice.

3. If the Tenant fails to maintain any of the Tenant’s insurance policies in accordance with this Schedule,

the Landlord will have the right, but not the obligation, upon 48 hours prior written notice, to pay the

cost or premium and in such event the Tenant will pay to the Landlord, within 10 Business Days of

demand, the Landlord’s costs incurred in relation thereto, together with an Administrative Fee.