LEASE AGREEMENT
The LANDLORD and the TENANT agree to lease the Apartment (referred to as
"Apartment") for the Term and at the Rent stated on the terms below:
--------------------------------------------------------------------------------
LANDLORD TENANT
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Name: Xxx Xxxx Han Name: My Web Asia Pte Limited
--------------------------------------------------------------------------------
B.R. No.:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Address: 10/F, Pearl Oriental House Address: 000 Xxxxxxxx Xxxx
60, Xxxxxxx Street #00-00
Xxxxxxx Xxxxxxxx Xxx Xxxxxxxx
Xxxx Xxxx Xxxxxxxxx 000000
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Phone: 0000-0000 Phone:
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Fax: 0000-0000 Fax:
--------------------------------------------------------------------------------
Apartment at BEIJING NEW WORLD CENTRE SERVICE APARTMENTS (__________) XXXX 000
Landlord's Name: Xxx Xxxx Xxx, Xxxxxxxxx
Bank Name: Overseas Trust Bank Limited
Bank Account No.: 000-000-00000000
Bank Address: 00-00 Xxx Xxx Xxxxxx, Xxxxxxx, Xxxx Xxxx
----------------------------------------------------------------------------------------------------------------------
Lease signing date: Apr. 29, 1999 Monthly Rent: US$ 758.90
------------- ------
Monthly Management Fee: US$ 241.10
------
Term: 12 months
---------
Beginning: Apr. 19, 1999
-------------
Ending: Apr. 28, 2000 Overall Security Deposit: US$ 2,600.00
------------- --------
First period payment (payable to the landlord): US$ 3,705.00
----------------------------------------------------------------------------------------------------------------------
Exchange Rate: (US$1.00:HK$7.75)
----------------------------------------------------------------------------------------------------------------------
Rider Additional terms (if any) on 6-8 page(s) initiated at the end by the
parties is attached and made a part of this Lease.
1. USE The Apartment must be used only as a private Apartment to live in as
the residence of the Tenant or the Tenant's employee and for no other
reason.
2. FAILURE TO GIVE POSSESSION Landlord shall be liable for failure to give
Tenant possession of the Apartment on the beginning date of the Term by
at Tenant's option, refunding the above referenced deposits to Tenant or
extending the beginning date of the Term. Rent
payable as of the beginning of the Term or the new beginning of the Term
if possession of the Apartment is delayed caused by the Landlord.
3. RENT AND MANAGEMENT FEE The rent and management fee payment for each rental
month must be paid on the tenth day before the commencement of the rental
month of that month at Landlord's address or deposited into Landlord's
Bank Account after the payment notice is received by the tenant three
weeks before the commencement of the month, Tenant may be required to pay
other charges to Landlord under the terms of this Lease. They are called
"added rent". This added rent will be billed and is payable as rent,
together with the next month rent due.
Added rent may include water, electricity, gas, telephone bills and must
be paid by the tenant on time.
4. NOTICES Any xxxx, statement of notice must be in writing. To Tenant, it
must be delivered or mailed to the Tenant at its address. To Landlord, it
must be mailed to Landlord's address. It will be considered delivered on
the day mailed or if not mailed, when left at the proper address. A
notice must be sent by certified, mail. Each party must accept and claim
the notice given by the other. Landlord must notify Tenant if Landlord's
address is changed.
5. SECURITY AND UTILITIES DEPOSITS Tenant has given security deposit to
Landlord in the amounts stated above. The deposits have been deposited in
the Bank named above and delivery of this Lease is notice of the deposit.
If Tenant does not pay rent, management fee or added rent on time.
Landlord can use the security deposits to pay for rent /management fee
and added rent then due. If Tenant fails to timely perform any other term
in this Lease. Landlord may use the security deposit for payment of money
Landlord may spend. If the Landlord uses the security, Tenant, shall,
upon notice from Landlord, send to Landlord an amount equal to the sum
used by Landlord. At all times Landlord is to have the amount of security
stated above.
If Tenant fully performs all terms of this Lease, pays rent, management
fee and leaves the Apartment in good condition on the last day of the
Term, then Landlord will return the deposits within 15 days without
interest after the days when all rents and utilities have been paid.
6. TENANT'S RIGHTS Tenant may enforce its rights under the warranty of
habitability and quite enjoyment. Damage to the equipment or appliances
supplied by Landlord, caused by Tenant's act or neglect, may be repaired
by Landlord at Tenant's expense. The repair cost will be added rent.
7. ALTERATIONS Tenant must obtain Landlord's prior written consent to install
any paneling, flooring, "built in" decorations, partitions, railings, or
make alterations or to paint or wallpaper the Apartment. Tenant must not
change the plumbing, ventilating, air conditioning electric or heating
systems. If consent is given, the alterations and installations shall
become the property of Landlord when completed and paid for. They shall
remain with and as part of the Apartment at the end of the Term.
8. REPAIRS Tenant must take well care of the Apartment and all equipment and
fixtures in it. Landlord and the assigned management company will repair
the plumbing, heating and
2
electrical systems. Tenant must, at Tenant's cost, make all repairs and
replacements, whenever the need results from Tenant's act or neglect. If
Tenant fails to make a needed repair or replacement after being notified
of such need by the Landlord, Landlord may do it. Landlord's reasonable
expense will be added rent. If the equipment and fixtures in the
Apartment are covered by warranty, Landlord must provide repair and
maintenance services free of charge. All repairs must be done by Landlord
within the shortest time possible.
9. FIRE, ACCIDENT, DEFECT, DAMAGE Tenant must give Landlord prompt notice of
fire, accident, damage or dangerous or defective conditions. If the
Apartment cannot be used because of fire or other casualty, Tenant is not
required to pay rent for the time the Apartment is unusable.
10. LIABILITY Landlord shall be liable for loss, expense, or damage to any
person property, due to Landlord's negligence.
Tenant must pay for damages suffered and reasonable expenses of Landlord
relating to any claim arising from any act or neglect of Tenant.
11. ENTRY BY LANDLORD Landlord may enter the Apartment upon prior notice at
reasonable hours to: repair, inspect, exterminate, install or work on
master antennas or other systems or equipment and perform other work that
Landlord decides is necessary or desirable. Upon prior written notice to
Tenant, Landlord may show the Apartment to possible buyers and lenders.
At reasonable hours Landlord may show the Apartment to possible new
tenants during the last 2 months of the Term.
12. CONDEMNATION If the whole or any part of the Apartment is taken or
condemned by a legal authority, the Term, and Tenant's rights and
obligations shall end as of the date the authority takes title to the
Apartment. If any Part of the Apartment is taken, Landlord may cancel
this Lease on notice to Tenant. The notice shall set a cancellation date
not less than 60 days from the date of the notice. If the Lease is
canceled, Tenant must deliver the Apartment to Landlord on the
cancellation date together with all rent due to that date.
13. TEARNING DOWN THE APARTMENT If the Landlord wants to tear down the
Apartment, Landlord shall have the right to end this Lease by giving six
(6) months notice to Tenant and then the Lease will end and Tenant must
leave the Apartment at the end of the 6 months period in the notice.
14. PLAYGROUND, POOL, PARKING AND RECREATION AREAS If there is a playground,
pool, parking or recreation area, Landlord's Beijing Management Office
shall keep such areas in clean and safe conditions and Landlord shall
give Tenant permission to use them. Tenant must pay all fees Landlord
charges if the rent does not include such fees.
15. CORRECTING, TENANT'S DEFAULTS If Tenant fails to timely correct a default
after notice from Landlord, Landlord may correct it at Tenant's expense.
16. TENANT'S DUTY TO OBEY LAWS AND REGULATIONS Tenant must, at Tenant's
expense, promptly comply with all laws, orders, rules, requests, and
directions, of all governmental authorities with regard to the occupancy
of the Apartment, except, however, that Landlord shall assure compliance
at its own expense with zoning, building code, fire prevention and
security regulations.
3
17. TENANT'S DEFAULT Landlord must give Tenant written notice of
default stating the type of default. The following are defaults and must
be cured by Tenant within the time stated:
(1) Failure to pay rent or added rent on time, 15 days.
(2) Failure to move into the Apartment within 15 days after the beginning
date of the Term, 30 days.
(3) Improper conduct by Tenant annoying other tenants, 10 days.
(4) Failure to comply with any other term of the Lease, 10 days.
18. REPRESENTATIONS, CHANGES IN LEASE Tenant and Landlord have read this Lease
and understand its meaning. All promises made by the Landlord and Tenant
are in this Lease- There are no others. This Lease may be changed only by
an agreement in writing signed by and delivered to each party.
19. LANDLORD UNABLE TO PERFORM If due to any cause within Landlord's reasonable
control. Landlord is delayed or unable to
(a) Carry out any of Landlord's promises or agreements.
(b) Supply any equipment to be supplied.
(c) Make any required repair or change in the Apartment or
(d) Supply any equipment or appliances Landlord is required to supply
This Lease may be terminated at Tenant's option and the deposits shall be
promptly refunded.
20. END OF TERM At the end of the Term, Tenant must leave the Apartment clean
and in good condition, subject to ordinary wear and tear; remove all of
Tenant's property and all Tenant's installations and decorations that are
not "built in".
21. LANDLORD'S WARRANTY OF HABITABILITY Landlord states that the Apartment is a
first class residential unit and fit for human living and there is no
condition dangerous to the health, life or safety of the Tenant of
affecting Tenant's quiet enjoyment of the Apartment.
22. LEASE BINDING ON This Lease is binding on Landlord and Tenant and their
heirs, executors, administrators, successors and lawful assigns.
23. PARAGRAPH HEADINGS The paragraph headings are for convenience only.
24. FURNITURE AND FURNISHINGS A list of the furniture and furnishings in the
Apartment and supplied by the Landlord is attached to this Lease and made a part
hereof. The rent already covers Tenant's use of the furniture and furnishings
and there are no separate charges of fees thereon. At the end of the Term Tenant
shall return the furniture and other furnishings clean and in good order and
repair. Tenant is not responsible for ordinary wear and damage by the elements
such as corrosion, cracking and termites.
SIGNATURES Landlord and Tenant have signed this Lease in Beijing as of the above
date.
4
SIGNATURES Landlord and Tenant have signed this Lease in Beijing as of the above
date.
LANDLORD: TENANT:
By: /s/ illegible By: /s/ illegible
------------------- ------------------------1
5
APPENDIX I
1. PARTICULARS OF PARTIES
Landlord: Xxx Xxxx Han
Tenant: My Web Asia Pte Limited
2. PARTICULARS OF TERM
Length: 12-month
Date of Commencement: Apr 29, 1999
Date of Expiry: Apr 28, 2000
3. PARTICULARS OF RENT
The Rent for the period from the Commencement Date to the Expiration of
the said term shall be US$758.90 per rental month.
4. PARTICULARS OF MONTHLY MANAGEMENT FEE
The management fee payable to the Landlord US$241.10 per month.
5. ADVANCE PAYMENT
The Tenant shall pay the first period advance payment in the amount of
US$1,105.00 to the Landlord before taking possession of the Premises.
The details of the advance payment are as follows:
Payable to the Landlord:
[X] First period (1-month) rent US$ 758.90
[X] First period (1-month) management fee US$ 241.10
[X] 12-month telephone maintenance fee: US$ 105 00
------------
Sub-total: US$ 1,105.00
============
6. PARTICULARS OF THE OVERALL SECURITY DEPOSIT.
Payable to the Landlord:
2-month rent: US$1,517.80
2-month management fee: US$ 482.20
Telephone extension line: US$ 600.00
-----------
Sub-total: US$2,600.00
===========
7. FIXTURES & FURNITURES
The Landlord will provide the Tenant with the list of fixtures,
furniture and appliances within the Premises upon the delivery of the
possession of the Premises.
8. TELEPHONE LINE
A telephone extension line (with IDD) has been installed and the
12-month maintenance fee US$105.00 is paid by the tenant.
9. EXTRA-APPLICANCES & FURNITURE
(I) Microwave Oven
(II) 21" TV
6
(III) Shower Curtain
(IV) Iron and Ironing Board
