China-Guangzhou-Dongshan District-2 Shuiyin Road Lease - Guangzhou Xin Chang Jiang Property Co. Ltd. and Shanghai Linktone Consulting Co.
SUMMARY OF LEASE AGREEMENT (HUA XIN MANSION), EFFECTIVE APRIL 24, 2003, BETWEEN
SHANGHAI LINKTONE CONSULTING CO., LTD. AND GUANGZHOU XIN CHANGJIANG PROPERTY
CO., LTD.
Contracting Parties
Party A (the Lessor): Guangzhou Xin Chang Jiang Property Co. Ltd.
Party B (the Tenant): Shanghai Linktone Consulting Co. Ltd.
Date of Signing
1st April, 2003
Property Description
Location: Rm. 01, 17/F East Tower, Hua Xin Mansion, No.2 Shuiyin
Road, Dongshan District, Guangzhou, P.R.C.
Square footage: 96.06 m(2)
Type: Office space
Term of Lease
Effective date: 24th April, 2003
Termination date: 23rd April, 2004
Rental
Renminbi 4,118 per month
Management Fee
Renminbi 2882 per month
Major Obligations of either party
Obligations of Party A:
- Party A should surrender to Party B the tenement and the equipment
inside the premise at the time of this Lease.
- Party A should give Party B not less that 30-days notice before the
expiration of this Contract if Party A does not intend to renew the
lease upon its expiration.
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Under the same conditions offered to other third parties, Party B shall
have the priority right to rent the tenement after the expiration of
this Contract provided that Party A intends to continue to lease this
tenement.
- Party A is liable for the regular safety inspection of the tenement and
the equipment and for paying the maintenance fee for natural damage of
the main construction. If Party B has to move out temporarily as a
result of maintenance being conducted at the tenement, Party A should
conclude a moving-back agreement with Party B. Party A should be liable
for injury and / or loss made by the delay of maintenance caused by
Party A.
- Party A shall not repossess the tenement during the term of this
Contract and shall not interfere with the lawful operation of Party B's
business, unless Party A shall refund Party B the deposit and
compensate the economic loss of Party B pursuant to this Contract.
Tenant's obligations:
- During the term of this Contract, Party B should make all payments,
including the rent, the management fee and other fees incurred in
relation to the use of the tenement, as set forth in this Contract on
or before the due date and without demand.
- Party B warrants that it shall make no alterations to the buildings or
improvements on the tenement or construct any building or make any
other improvements on the tenement without the prior written consent of
Party A. Before any renovation of the tenement, the renovation proposal
should be approved by Party A. During the process of the renovation,
Party B should be subject to the supervision and management in
connection with the renovation project by Party A, and shall not
interfere or influence the normal business of other tenants.
- Party B shall not assign this Contract, or sub-let or grant any license
to jointly use the tenement or any part thereof without (i) the prior
written consent of Party A and (ii) an undertaking of performance of
all the terms of this Contract provided by Party B.
- Upon the expiration or termination of this Contract, Party B should
return this tenement and the interior equipment to Party A, unless if
Party B intends to extend the lease, Party B should negotiate with
Party A not less than 90 days in advance. After the expiration of an
agreement between the parties, the parties may sign another contract to
renew the agreement. During the period of negotiation between the
parties, Party A may, after informing Party B, arrange potential
tenants to see the premise.
Termination Events
- If Party B fails to pay any amount due and payable for more than 30
days;
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- Party B breaches any of the provisions under the lease or violates any
State, provincial or municipal regulations, and fails to correct such
breach or violations within 30 days after receiving Party A's written
notice requiring it to do so;
- Party B is closed down by government authorities for its illegal
operations; or
- Party B is bankrupt.
Security deposit
- Renminbi 14,000.00