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EXHIBIT 10.34
XXXXX XXXXXXXXXX
XXX(XX)0000/0000 XX 1 VOL 5/SY/ZMY
FIRST SUPPLEMENTARY AGREEMENT
BETWEEN
JURONG TOWN CORPORATION
AND
SINGAPORE TECHNOLOGIES PTE LTD
RELATING TO:
PRIVATE LOTS A12787(b) MUKIM 13
IN WOODLANDS INDUSTRIAL PARK D
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FIRST SUPPLEMENTARY AGREEMENT
PRIVATE XXX X00000(x) XX XXXXXXXXX XXXXXXXXXX XXXX X
THIS AGREEMENT is made the 7th day of October 1998 BETWEEN the JURONG TOWN
CORPORATION a body corporate incorporated under the Jurong Town Corporation Act
and having its Xxxx Xxxxxx xx Xxxxxx Xxxx Xxxx, Xxxxxx Xxxx Xxxx Xxxx, Xxxxxxxxx
000000 (hereinafter called "the Owner") of the one part and SINGAPORE
TECHNOLOGIES PTE LTD a company incorporated in Singapore and having its
registered office at
00 Xxxxxxx Xxxx, #00-00/00 Xxx Xxxxx,
Xxxxxxxxx Xxxxxxx Xxxx, Xxxxxxxxx 000000
(hereinafter called "the Licensee") of the other part.
WHEREAS :
(A) By a Building Agreement dated 17 February 1998 (hereinafter called "the
Principal Agreement") made between the same parties as the parties herein and in
the same order under which the Owner granted to the Licensee the licence and
authority to enter upon all that piece of land known as Xxxxxxx Xxx X00000(x) as
shown edged on the plan annexed to the Principal Agreement (hereinafter called
"the property") for the purpose and upon the terms and conditions set out
therein.
(B) By its letters dated the 20th and 29th day of June 1998, the Owner has
agreed to revise the amount of liquidated damages payable upon premature
termination or re-entry of the property as contained in the Principal Agreement.
(C) This Agreement is supplemental to the Principal Agreement.
IT IS HEREBY AGREED to vary the Principal Agreement as follows:
1 That Clause 3(a) appearing at page 9 contained in the form of Lease in the
First Schedule of the Principal Agreement shall be deleted and is hereby
substituted therefor as follows:-
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"3(e) Subject to clause 3(f) hereinafter appearing in the event that
premature termination shall occur at any time within eight (8) years
from the commencement of the said term of lease herein created or if
the Lessor shall at any time within the said eight (8) years exercise
its right of re-entry under clause 3(c) of ML I/30809F then in
addition to rent, interest, property tax and other sums payable by
the Lessee to the date of premature termination or re-entry as the
case may be, liquidated damages for a proportionate amount of the sum
of $17.7 million in the same proportion as the land area of the
portion of the demised premises subject to premature termination or
re-entry (as the case may be) bears in relation to the total land
area of Private Lots A12787, A12787(a) and A12787(b) together ("the
said sum") shall be payable and paid by the Lessee to the Lessor and
it is acknowledged and agreed by the Lessee that the said sum shall
constitute liquidated damages and shall not be considered under any
circumstances as a penalty."
SAVE as herein varied the Principal Agreement shall remain in full force
and effect in all respects.
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IN WITNESS WHEREOF the parties hereto have set their hands and/or seals
the day and year first above written.
SIGNED on behalf of )
)
JURONG TOWN CORPORATION )
)
By: ) /s/ XXX XXXX XXX
XXX XXXX XXX )
Director )
CUSTOMER SERVICES GROUP )
)
in the presence of: )
/s/ XXXX XXX
----------------------------
XXXX XXX
The Common Seal of )
)
SINGAPORE TECHNOLOGIES PTE LTD )
)
was hereunto affixed ) [SEAL]
)
in the presence of: )
)
Signature: /s/ XX XXXXX
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Name: XX XXXXX (MS)
Designation: Director/President & CEO
Signature: /s/ CHUA XX XX
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Name: CHUA XX XX (MRS)
Designation: Company Secretary
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I, CHIA XXXXX XXXX, an Advocate and Solicitor of the Supreme Court of
Singapore hereby certify that on the 7th day of October 1998 the Common seal of
SINGAPORE TECHNOLOGIES PTE LTD was duly affixed to the within written
instrument at Singapore in my presence in accordance with the regulations of
the said Company which regulations have been produced and shown to me.
WITNESS my hand this 7th day of October 1998:
/s/ CHIA XXXXX XXXX
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Advocate and Solicitor
Singapore
Chia Xxxxx Xxxx
