China-Beijing-Chaoyang District-1 Jiu Xian Qiao Road East Lease - Beijing Sino-Electronics Future Telecommunications R&D Ltd. and China Techfaith Wireless Communication Technology Ltd. Beijing
Translation
PREMISES LEASE CONTRACT
Lessor: Beijing Sino-Electronics Future Telecommunications R&D Ltd.
Lessee: China Techfaith Wireless Communication Technology Limited Beijing
According to < Contract Law > and the relevant regulations, in order to specify
the rights and obligations of the lessor and the lessee, this Contract is
executed after unanimous consultations of both parties.
Article 1
Premises Location: East 5(th) Floor, M7, No. 1 Jiu Xian Qiao Road East, Chaoyang
District, Beijing Architectural Area: 3100 square meters
Article 2 Lease Term
The lease term is a total of 5 years. The lessor shall deliver the leased
premises to the lessee for use commencing from July 18, 2003 and shall recover
it on July 17, 2008; three months within this period are the fitting out period
which shall be rent free.
After the Contract term expires, if there is no disagreement between the two
parties, the Contract shall automatically be extended for five years.
When the Lease Contract is terminated due to expiration, if the lessee is
actually unable to find a premises by the time of expiration, the lessor should
extend the lease term at its discretion.
Article 3 Rent and Rent Payment Term
Rent: RMB1.00/m(2)*day, RMB282875.00/quarter.
Payment Term: before the 5(th) day of the first month of each quarter, in case
of late payment, a fine for late payment of 0.1% per day shall be charged.
Article 4 Premises Maintenance and Repair during the Lease Term
The lessor is obliged to maintain and repair the premises. The lessor should
carefully check, maintain and repair the premises and its facilities once every
6 months, so as to ensure living safety and normal use of the lessee.
When the lessor is maintaining and repairing the premises, the lessee should
actively assist, and should not interfere with the construction.
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EXHIBIT 99.4
Translation
Article 5 Changes of Lessor and Lessee
1. If the lessor transfers its ownership of the premises to a third party, the
Contract continues to be valid for the new owner of the premises.
2. If the lessor sells the premises, it must notify the lessee 3 months in
advance. Under the same conditions, the lessee has the first right of
refusal to purchase.
3. If the lessee needs to exchange the premises with a third person, the
lessor's consent shall be sought in advance; the lessor should support the
lessee's reasonable request.
Article 6 Default Liability
1. The lessor shall be liable for indemnifying three months' rent if it fails
to deliver the premises in compliance with the requirements to the lessee
in accordance with the aforesaid terms and conditions.
2. The lessor shall be liable for paying a default premium of 1%/day, if it
fails to deliver the premises to the lessee for use as scheduled.
3. The lessor shall be liable for paying a default premium of 1%/day, if it
fails to maintain and repair the premises as scheduled (or as required); if
it thus causes the personnel of the lessee to suffer personal injury or
property damage, the lessor shall be liable for indemnifying the losses.
4. The lessor may terminate the Contract and recover the premises at any time
if the lessee has any of the following circumstances:
(1) The lessee underlets, transfers or lends the leased premises without
authorization;
(2) The lessee uses the leased premises to conduct illegal activities and
injurious to the public interest;
(3) The lessee defaults in paying rent for accumulation of 3 months.
If the lessee fails to move out as scheduled, the lessor is entitled to sue at
the People's court and apply for enforcement, and the lessee shall be liable for
indemnifying the lessor for losses thus caused.
Article 7 Conditions for Exemption of Liability
If damages to the premises and losses of lessee are caused by and arising out of
the reasons of force majeure, neither party shall undertake any liability to the
other party.
Article 8 Mode for Disputes Resolution
If any dispute occurs during the performance of this Contract, the two parties
should resolve the dispute through consultations. If consultations fail, the two
parties agree to arbitrate by Beijing Arbitration Commission.
Article 9 Other Agreed Matters
Article 10
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Translation
For any matters not covered in this Contract, the two parties of the Contract
shall make supplemental provisions through consultations and in accordance with
the relevant regulations of Contract Law. The supplemental provisions shall have
the same validity as this Contract.
This Contract has 2 originals, the lessor and the lessee shall each hold 1
original.
Lessor: Lessee:
Beijing Sino-Electronics Future China Techfaith Wireless Communication
Telecommunications R&D Ltd. Technology Limited Beijing
Signature: /s/ Signature: /s/
Company Chopped Company Chopped
July 31, 2003 July 31, 2003
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