China-Beijing-Chaoyang District-118 Jiangguo Road Lease - Shanghai Linktone Consulting Ltd. and Beijing Ruilidian Real Estate Co. Ltd.
SUMMARY OF LEASE AGREEMENT, EFFECTIVE JANUARY 2, 2004, BETWEEN SHANGHAI LINKTONE
CONSULTING CO., LTD. AND BEIJING RUILIDIAN REAL ESTATE CO., LTD.
Contracting Parties
Lessor (Party A): Beijing Ruilidian Real Estate Co., Ltd.
Lessee (Party B): Shanghai Linktone Consulting Co., Ltd.
Date of Signing
19th of December, 2003
Property Description
Location: Rm08&09, Floor 6, Jinghui Building, No.118 Jiangguo
Road, Chaoyang District, Beijing, P R China
Square footage: 598.21 m(2) in architectural area
Type: Two apartments of office space
Term of Lease
Effective Period: From January 2, 2004 to January 1, 2006 (24 months)
Relet: Party A and Party B may reach the extension of the agreement only at 2
months before the expiration.
Rental Use
Office use
Rent Amount
- $15.50 per square meter per month and $9,272.26 per month in total
calculated upon the architectural area.
- The rent shall be paid in RMB equivalent to the above USD amount to the
account designated by Party A or by other ways accepted by Party A.
- Term of rent exemption:
Rm 08: from Jan 2nd, 2004 to Mar 15th 2004
Rm 09: from Jan 2nd, 2004 to Apr 15th, 2004
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Major Obligations of Either Party
Party A shall:
- be liable to provide central air-condition during the normal
office time;
- be liable for the inspection and maintenance of the public
area and public facilities;
- be liable for matters relating to security, fireproofing,
environment and sanitation;
- be liable for keeping accessorial facilities, such as wiring,
equipment, pipe, communication lines and drainage system in
good and appropriate conditions.
Party B shall:
- be liable for the payment of the rent and deposit under the
terms and conditions of this contract;
- be responsible for the refurbishment or any equivalent
economic compensation derived thereon, should the damage is
caused by the inappropriate use of Party B;
- undertake the apartment shall only be for office use;
- should not assign or sub-let the tenement or any part of the
tenement or transfer the right of occupation by any other
ways.
Termination Events
Party A may terminate the contract, withdraw the tenement and keep the deposit,
provided any of the following events occur:
- any third person takes any steps or pass any resolution or put
forward any application to dissolve or liquidate Party B;
- Party B's assets in the tenement have been retained or
disposed of by a judgment;
- Party B fell behind in repayment of its indebtedness that
becomes due;
- Party B has ceased to operate or has been come insolvent.
Security deposit and other refundable or non-refundable payment
- Deposit: USD34,098 (consisting of 3 months' rent plus 3
months' management fee). Party B shall not set any transfer,
pledge or guarantee on the deposit to third parties. The
deposit is refundable after the agreement expires, however, in
deduction of the losses and damages incurred by Party B.
- Management fee: $3.50 per square meter per month and $2,093.74
per month in total calculated upon the architectural area.
- Other fees for electricity, telephone and communication (if
applicable).
Dispute Resolution
The parties have agreed to present all their disputes to the CIETAC only and
attend the arbitration in Beijing.
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