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Sample Business Contracts

Hong Kong-Tsuen Wan-611/619 Castle Peak Road Lease - Hing Seng Plastic Factory Ltd. and ISE Labs (HK) Ltd.

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ISE Labs Hong Kong Limited


February 9, 2001

Ng Yue Hung
Unit E, 8 Floor,
Southeast Industrial Building,
611-619 Castle Peak Road
Tsuen Wan
N.T.


Dear Mr. Ng,

Renew the Tenancy for the Further Term of three (3) years,
Unit C, 22 Floor, Southeast Industrial Building
(Memorial #7743671)

This is to inform you that we would like to continue the tenancy for further
term of three (3) years following the tenancy agreement.

The agreement was registered in the land registry by memorial no.7743671 on
April 30, 1999.

Please sign and return the duplicate copy to us.


Yours faithfully,                                  Accepted by Landlord:


/s/ Rabbi-ul Islam                                 /s/ Ng Yue Hung
------------------------------------               ----------------------------
Md. Rabbi-ul Islam                                 Ng Yue Hung
General Manager
                                                   Date: 12-2-2001

<PAGE>


                          Dated 1st day of April 1999


                       HING SENG PLASTIC FACTORY LIMITED



                                      and



                             ISE LABS (HK) LIMITED



             -----------------------------------------------------


                               TENANCY AGREEMENT

                                       of

                   United C, 22nd Floor, Southeast Industrial
                    Building, Nos. 611-619 Castle Peak Road,
                           Tsuen Wan, New Territories


             -----------------------------------------------------



                        REGISTERED in the Land Registry
                            by Memorial No. 7743671
                                on 30 April 1999

                                                      (signature)
                                                      for Land Registrar


             -----------------------------------------------------


<PAGE>


AN AGREEMENT made this 1st day of April One thousand nine hundred and
ninety-nine

PARTIES

BETWEEN the parties described in Part 1 of the Schedule.

WHEREBY IT IS AGREED as follows:-

LETTING

1.   The Landlord lets and the Tenant takes ALL THOSE the premises described in
     Part 2 of the Schedule (hereinafter referred to as "the said premises")
     which premises form part of the development described in Part 2 of the
     Schedule (hereinafter referred to as "the said development") which
     development is erected on the land described in Part 2 of the Schedule
     (hereinafter referred to as "the said land") Together with the Landlord's
     fixtures and fittings (including those described in Part 4 of the
     Schedule) in the said premises (hereinafter referred to as "the said
     fixtures") and together with the use in common with the Landlord and all
     others having the like right of the common areas and of the equipment
     serving the said premises or intended for the common use of the owners or
     occupiers of the said building or the said land for the term (hereinafter
     referred to as "the said term") and at the rent (hereinafter referred to
     as "the said rent") described in Part 3 of the Schedule.

TENANT'S AGREEMENTS

2.   The Tenant to the intent that the obligation shall continue throughout the
     said term hereby agrees with the Landlord as follows:-

     (a)  Rent management charge and rates

          (i)   To pay the said rent as provided in Part 3 of the Schedule.

          (ii)  To pay the monthly management charge payable in respect of the
                said premises by the Landlord in its capacity as owner of the
                said premises under the Deed of Mutual Covenant but excluding
                any part or element of such charge with represents payment of or
                a contribution to payment of costs expenses or other outgoings
                of a capital or non-recurring nature or which represents a
                contribution to a sinking fund or a contingency fund.

          (iii) To pay the rates and all other outgoings and impositions of an
                annual or recurring and non- capital nature assessed in respect
                of the said premises by the government of Hong Kong.

     (b)  Utilities

          To pay and discharge all charges for telephone services, gas,
          electricity and water consumed by the Tenant in the said premises.

     (c)  Repair

          To keep all the interior of the said premises including the floor
          coverings and the finishes to interior walls, ceilings, windows and
          doors in the said premises and, if an to the extent the same are
          damaged by the act or neglect of the Tenant, the said fixtures in
          good, clean and tenantable repair and condition (fair wear and tear,
          any damage or destruction of the sort referred to in sub-clause 4(i),
          any damage, defect or want of repair which subsists at the
          commencement of the said term or which is of a latent, inherent or
          structural nature all excepted) and to deliver up the same to the
          Landlord at the ending of the said term in such repair and condition.


<PAGE>


     (d)  Installations

          Not without the previous written consent of the Landlord to erect or
          install any wall, partitioning or other such erection in the said
          premises.

     (e)  Injury to premises

          Not to cut or deface any door, window, structural wall, beam or
          structural member of the said premises nor any of the plumbing or
          sanitary apparatus or installations installed therein Provided that
          without breach of this Sub-Clause or any other provision of this
          Agreement the Tenant may after consultation with the Landlord carry
          out such works to the said premises and the fixtures and fittings
          therein as the Tenant reasonably considers necessary for the purpose
          of fitting-out the said premises to the standard required by the
          Tenant.

     (f)  Drains

          To pay the Landlord on demand all reasonable costs properly incurred
          by the Landlord in cleansing or clearing any of the drains or water
          pipes in the said premises choked or stopped up owing to the improper
          use of the same by the Tenant.

     (g)  Protection of interior

          To take reasonable precautions to protect the interior of the said
          premises against damage by storm, typhoon or other adverse weather
          condition.

     (h)  Nuisance

          Not to do in the said premises any act which constitutes a nuisance
          to the Landlord or to the owners of other premises in the said
          development or in buildings in the neighbourhood of the said
          development.

     (i)  Government Lease and insurance

          Not to do in the said premises any act which is not expressly or by
          implication permitted or contemplated by this Agreement and which
          constitutes a breach of any of the negative or restrictive terms and
          conditions of the Government grant under which the said land is held
          from the Government nor to do in the said premises any act which is
          not expressly or by implication permitted or contemplated by this
          Agreement whereby any insurance effected by the Landlord on the said
          premises against loss or damage by fire for the time being in force
          is rendered void or voidable or whereby the premium thereon is
          increased Provided that the Tenant shall have no liability under this
          Sub-Clause unless prior to the commission of any breach by the Tenant
          of the provisions of this Sub- Clause the Landlord has supplied the
          Tenant a copy of the fire policy or policies in force at the time of
          the breach.

     (j)  Combustible or hazardous goods

          Not to keep or store or permit or suffer to be kept or stored in the
          said premises any arms ammunition gunpowder saltpetra kerosene or
          other explosive or combustible or hazardous goods in contravention of
          the Dangerous Goods Ordinance Cap.295.

     (k)  Use

          (i)  To use the Premises as provided in Part 4 of the Schedule
               hereto; and in the event of the permitted user as stated in Part
               4 of the Schedule being non-domestic, at the Tenant's expense


<PAGE>


               to obtain all licences or permits necessary for carrying on the
               Tenant's business on the Premises and which under any Ordinance
               the Tenant as lessee has the obligation to obtain.

          (ii) Not to use the said premises or any part thereof or permit or
               suffer the same to be used for any illegal or immoral purpose
               nor to carry on or permit or suffer to be carried on therein or
               on any part thereof any offensive, noisome, noxious, noisy or
               dangerous trade, business manufacture or occupation whatsoever.

         (iii) Not to permit any person other than staff of the Tenant who
               occasionally have to do overtime work in relation to the
               Tenant's business to remain in the said premises overnight
               without the written permission of the Landlord which permission
               only to be given to enable the Tenant to post watchmen to look
               after the contents of the said premises which shall not be used
               as sleeping quarters or as domestic premises within the meaning
               of any landlord and Tenant (Consolidation) Ordinance or any
               amendments thereto or substitution therefor for the time being
               in force.

     (l)  Signs

          Not to affix or display or permit or suffer to be affixed or
          displayed on the exterior of the said premises any signboard, sign,
          poster, picture or other such thing whether illuminated or not;

     (m)  Common areas

          Not to encumber or obstruct or permit to be encumbered or obstructed
          with any of the Tenant's boxes, packaging or other things any of the
          common areas and not to leave any of the Tenant's rubbish in the
          common areas except those parts of the common areas designated for
          such purpose.

     (n)  Ordinances and Deed of Mutual Covenant

          Not to do in the said premises any act which is not expressly or by
          implication permitted or contemplated by this Agreement and which
          constitutes a breach of any ordinance relating to the use of the said
          premises by the Tenant nor to do in the said premises any act which
          is not expressly or by implication permitted or contemplated by this
          Agreement which constitutes a breach of the restrictive or negative
          covenants which affect the said premises in the Deed of Mutual
          Covenant.

     (o)  Alienation

          Not to assign, sub-let, underlet, mortgage or charge the said
premises.

     (p)  Entry

          To permit the Landlord and all persons bearing the written authority
          of the Landlord at all reasonable times and upon prior appointment
          having been made with the Tenant to enter and view the state of the
          said premises and, during the last three months immediately preceding
          the expiration of the said term to show the said premises to
          prospective tenants or purchasers of the said premises to prospective
          tenants or purchasers of the said premises provided that in
          exercising its rights under this Sub-Clause the Landlord shall cause
          and shall ensure that all persons entering the said premises pursuant
          to this Sub-Clause cause the least possible inconvenience to the
          occupier of the said premises and shall forthwith make good any
          damage, injury or loss caused by or as a consequence of entry on to
          the said premises, to the Tenant, the occupier of the said premises,
          the said premises or any thing in or affixed to the said premises.

     (q)  Yield up


<PAGE>


          At the ending of the said term quietly to yield up the said premises
          in a condition consistent with performance by the Tenant of its
          obligations under Sub-Clause [2(e)].

LANDLORD'S AGREEMENTS

3.   The Landlord hereby agrees with the Tenant as follows:-

     (a)  Payments

          To promptly pay the Crown Rent, Property Tax and all expenses of a
          capital or non-recurring nature attributable to or payable in respect
          of the said premises.

     (b)  Quiet enjoyment

          That the Tenant paying the rent hereby reserved and observing and
          performing its obligations under this Agreement shall peaceable hold
          and enjoy the said premises the said fixtures and the rights granted
          in Clause 1 without any interruption by the Landlord or any person
          claiming under or in trust for the Landlord or by virtue of title
          paramount.

     (c)  Deed of Mutual Covenant

          To exercise and enforce its rights under the Deed of Mutual Covenant
          against each and every other person who is bound by such Deed of
          Mutual Covenant.

     (d)  Repair

          To the extent that the same is not the obligation of the Tenant under
          Sub-Clause [2(e)] to keep the said premises and the said fixtures and
          the equipment serving the said premises in good, clean and tenantable
          repair and condition.

     (e)  Building

          To use its reasonable endeavours keep or procure that there is kept
          in good, clean and tenantable repair and condition the equipment, the
          said development and the common areas.

FURTHER PROVISIONS

4.   IT IS HEREBY FURTHER AGREED that the parties will be obliged and bound by,
     and will have rights and powers in accordance with the following
     provisions:-

     (a)  Re-entry

          If the said rent or any part thereof shall be unpaid for 15 days
          after service of a written notice calling upon the Tenant to make
          payment of the same or if the Tenant shall fail to observe and
          perform any of its obligations under this Agreement or if the Tenant
          shall become bankrupt or shall go into insolvent liquidation or make
          any composition with its creditors or shall suffer any successful
          prosecution in respect of the non-payment of any money due from it to
          the Hong Kong Government in respect of the said premises then and in
          any such case it shall be lawful for the Landlord at any time
          thereafter to re-enter on the said premises or any part thereof in
          the name of the whole whereupon this Agreement shall determine but
          without prejudice to any right or claim of either party in respect of
          any antecedent breach of this Agreement or to the right of the Tenant
          to the return of the said deposit in accordance with clause 6.

     (b)  Notice sufficient


<PAGE>


          A notice served by the Landlord on the Tenant in manner hereinafter
          mentioned to the effect that the Landlord thereby exercises the power
          of re-entry herein contained shall be a full and sufficient exercise
          of such power without actual physical re-entry on the part of the
          Landlord.

     (c)  No waiver

          Acceptance of the said rent by the Landlord shall not be deemed to
          operate as a waiver by the Landlord of any right to proceed against
          the Tenant in respect of any consistent breach of the Tenant's
          obligations under this Agreement.

     (d)  Indemnity

          The Tenant shall indemnify the Landlord from and against all
          proceedings taken against the Landlord by any person in respect of
          any damage or injury caused to such person by the overflow from the
          said premises of water the origin of which is in the said premises or
          the escape from the said premises of fumes, smoke, fire or other
          substance or thing the origin of which is in the said premises owing
          in any case to the negligence of the Tenant.

     (e)  Premises

          The Landlord warrants to the Tenant that the said premises are
          authorised for use and occupation as provided for under this
          Agreement.

     (f)  Acts of servants

          For the purpose of this Agreement any act, default, negligence or
          omission of any visitor, servant or agent of the Tenant or of the
          Landlord shall be deemed to be the act, default, negligence or
          omission of the Tenant or (as the case may be) the Landlord.

     (g)  Distraint

          For the purposes of Part III of the Landlord and Tenant
          (Consolidation) Ordinance, (Chapter 7) and of this Agreement, the
          said rent shall be and be deemed to be in arrear if not paid in
          advance at the times provided for payment thereof.

     (h)  Notices

          Any notice required to be served under this Agreement shall be in
          writing and shall, if to be served on the Tenant, be sufficiently
          served if addressed to the Tenant and sent by prepaid registered post
          to or delivered at the Tenant's registered office in Hong Kong and,
          if to be served on the Landlord shall be sufficiently served if
          addressed to the Landlord and sent by prepaid registered post to or
          delivered at the Landlord's registered office in Hong Kong.

     (i)  Rent cesser

          If at any time or times the said premises or any part thereof are
          inaccessible, or if at any time or times the said premises or any
          part thereof are destroyed or damaged owing to fire water storm wind
          typhoon defective construction white ants earthquake subsidence of
          the ground or any other cause whatsoever so as to render the said
          premises or any part thereof unfit for habitation or use, or if at
          any time or times any order is made or served under the Buildings
          Ordinance in respect of the said premises or any part thereof, or if
          at any time or times the said premises or any part thereof are for
          any reason unfit, unsuitable or unsafe for habitation or use (which
          events are hereinafter referred to as "the calamity") then the rent
          hereby reserved and all other sums payable by the Tenant under this
          Agreement shall immediately be suspended and cease to be payable
          until (as the circumstances may


<PAGE>


          require) the said premises and every part thereof (or is) are
          rendered accessible, or are reinstated so as to be fit for habitation
          and use, or are fit, suitable and safe for habitation and use or are
          free of any such order Provided that should the said premises and
          every part thereof not (as the circumstances may require) have been
          rendered accessible, reinstated so as to be fit for habitation and
          use, become fit suitable and safe for habitation and use or free of
          any such order in the meantime either the Landlord or the Tenant may
          at any time after one month from the calamity give to the other of
          them notice in writing to determine this Agreement and thereupon the
          same and everything herein contained shall determine as from the date
          of the calamity but without prejudice to the rights and remedies of
          either party against the other in respect of any antecedent claim or
          breach of this Agreement or of the Tenant in respect of its right to
          the return of its deposit in accordance with Clause 6 hereof.

     (j)  Stamp duty and costs

          All legal costs and disbursements and other expenses of or incidental
          to the preparation and completion of this Agreement and the stamp
          duty on this Agreement and its duplicate shall be borne by the
          parties hereto in equal shares.

KEY MONEY

5.   The Tenant declares that for the grant of the said term no key money or
     premium or other such consideration other than the consideration referred
     to in this Agreement has been paid or will be payable by the Tenant to the
     Landlord or to any person.

TENANT'S DEPOSIT

6.   (a)  The Tenant shall on the signing of this Agreement deposit
          with the Landlord the sum specified in Part 3 of the Schedule (in
          this Agreement referred to as "the said deposit"). The said deposit
          shall be held by the Landlord free of interest to the Tenant with
          power for the Landlord to deduct from the said deposit the amount of
          any monetary loss the Landlord suffers because of any breach by the
          Tenant of its obligations under this Agreement but subject to this
          the said deposit shall be returned to the Tenant within fourteen days
          after the ending of the said term and the delivery of vacant
          possession of the said premises.

     (b)  In the event of any transfer of the Landlord's interest in the said
          premises, the Landlord shall at its own cost obtain upon such
          transfer from the person to whom such transfer is made a legally
          binding undertaking in favour of the Tenant to observe and perform
          the obligations of the Landlord under this Agreement including the
          obligations of the Landlord under this Clause 6 and upon such
          undertaking being obtained and supplied to the Tenant the Landlord
          shall transfer the said deposit to the person giving the undertaking.

     (c)  The Landlord hereby acknowledges receipt from the Tenant of the said
          deposit.

DELIVERY OF VACANT POSSESSION/REINSTATEMENT BY THE TENANT

7.   It is hereby expressly agreed that at the expiration of the said term
     or at any time when the Tenant shall deliver up vacant possession of the
     said premises to the Landlord the Tenant shall at the same time if so
     required by the Landlord forthwith remove all fixtures, additions,
     fittings and improvements affixed, installed or made by the Tenant at or
     to the said premises and make good any damage caused to the said premises
     by such removal.

OPTION TO RENEW

8.   (a)  Option


<PAGE>


          If the Tenant shall be desirous of renewing the tenancy created by
          this Agreement for a further term of three (3) years from the
          expiration of the said term and shall not less than three months
          before the expiration of the said term give to the Landlord notice in
          writing of such desire then the Landlord will let the said premises
          to the Tenant for a further term of three (3) years from the day
          immediately following the expiry of the said term at the same rent as
          provided in Part 3 of the Schedule and subject to this and save and
          except for this provision for renewal on the same terms and
          conditions as this Agreement.

INTERPRETATION DEFINITIONS

9.   In this Agreement unless otherwise specified:-

     (a)  any reference to a Clause, Sub-Clause or Schedule is a reference to a
          clause, sub-clause or schedule of or to this Agreement;

     (b)  headings have been inserted for ease of reference only and shall not
          affect construction or interpretation;

     (c)  words importing the singular include the plural and vice versa and
          words of one gender include all the other genders;

     (d)  "the ending of the said term" means the coming to an end of the said
          term in any way including expiration, termination, surrender and
          forfeiture;

     (e)  "the Landlord" means the person named in this Agreement as the
          Landlord and the person for the time being entitled to the reversion
          immediately expectant on the ending of the said term;

     (f)  "the common areas" means those parts of the said development and the
          said land intended for the common use of the owners or occupiers of
          the said development or the said land;

     (g)  "the Deed of Mutual Covenant" means the Deed of Mutual Covenant
          registered in the Land Registry by Memorial No.3037693 and includes
          such Deed as amended, modified or extended and includes any
          instrument including any sub-deed of mutual covenant or management
          agreement (including the Sub-Deed of Mutual Covenant registered in
          the Land Registry by Memorial No.5461236) made under or pursuant to
          it;

     (h)  "the equipment" means the plant, machinery, apparatus, lifts,
          systems, services, facilities, conduits and conductive media of or
          benefitting the said development or the said land;

     (i)  a reference to a specific ordinance includes such ordinance as
          amended, modified, consolidated, extended or re-enacted and includes
          any subsidiary legislation, regulations, orders and instruments for
          the time being made under or pursuant it or deriving validity from
          it;

     (j)  where a party consists of two or more persons the obligations of such
          persons shall be joint and several.

AS WITNESS the hands of the parties hereto the day and year first above
written.


<PAGE>


                                  THE SCHEDULE

                                     Part 1

                                   (PARTIES)


LANDLORD:                     Hing Seng Plastic Factory Limited whose
                              registered office is situate at Unit E, 8th
                              Floor, Southeast Industrial Building, Castle Peak
                              Road, Tsuen Wan, New Territories ("the
                              Landlord").

TENANT:                       ISE LABS (HK) Limited of Unit C, 22nd Floor,
                              Southeast Industrial Building, Castle Peak Road,
                              Tsuen Wan, New Territories ("the Tenant").

                                     Part 2

                           (PREMISES, BUILDING, LAND)


THE SAID PREMISES:            Unit C, 22nd Floor, Southeast Industrial
                              Building, Nos. 611-619 Castle Peak Road, Tsuen
                              Wan, New Territories.

THE SAID DEVELOPMENT:         Southeast Industrial Building, Nos. 611-619
                              Castle Peak Road, Tsuen Wan, New Territories.

THE SAID LAND:                Section A of Tsun Wan Inland Lot No. 17 and the
                              Extension thereto; Section A of Tsun Wan Marine
                              Lot No. 7.

                                     Part 3

                             (TERM, RENT, DEPOSIT)


THE SAID TERM:                For the term of two (2) years commencing on 1st
                              April 1999 and expiring on 31st March 2001.

THE SAID RENT:                HK$20,000.00 per month payable monthly (and so in
                              proportion for any period less than a month) in
                              advance on the 1st day of each month during the
                              said term.

THE SAID DEPOSIT:             HK$40,000.00


<PAGE>


                                     Part 4

                                (PERMITTED USE)

The Tenant shall have the right to use the said premises for non-domestic
purposes.


SIGNED BY Ng Yue Hing,             )
its director                       )
for and on behalf of the Landlord  )
in the presence of:-               )    /s/ Ng Yue Hing

          /s/  Kenneth Yeung
               Solicitor & Notary Public
               Messrs. Poon, Yeung & Li
               Solicitor & Notaries



SIGNED BY Md. Rabbi-ul Islam       )
General Manager                    )
for and on behalf of the Tenant    )
whose signature is verified by:    )    /s/ Md. Rabbi-ul Islam

          /s/  Kenneth Yeung
               Solicitor & Notary Public
               Messrs. Poon, Yeung & Li
               Solicitor & Notaries