Exhibit 4(i)
Land Lease Agreement
(91)-Xxx-Xx-Xxxx-Xx-No. 005
This Lease Agreement made and entered into by and between the Lessor, Xxxxxx
Export Processing Zone Administration of Ministry of Economic Affairs
(hereinafter referred to as "Party A") and the Lessee, ASE Test Inc.
(hereinafter referred to as "Party B").
Whereas, it is mutually agreed between the parties that a parcel of public land
inside the Xxxxxx Export Processing Zone ("Zone") managed by Party A is to be
leased to Party B on the terms and conditions as follows:
1 Land markings, rent and fees:
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Public
facility
construction
Markings of Land Leased Area rent/m2 rent/month fee/month Note
No. (m2) (NTD) (NTD) (NTD)
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District Section Sub-Section Land
Lot.
No.
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2 727 3945.00 11.50 45,368 11,006 Approved to
lease by the
letter of
Party A
(Gin-Jya-
Chu-90-
2-Jian-Zi-
0900012159
of December
31, 2001)
CL105 Nanzih Heping
District Section
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Total 3945.00 11.50 45,368 11,006
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2 The term of this lease shall start from January 1, 2002 and end on December
31, 2012.
3 The use of the leased land shall be limited to the construction of an
office, plant, warehouse or work site by the enterprises which have been
approved to operate in the Zone or to the establishment of a branch office
by the competent authority.
4 During the validity of this lease, Party B shall, on its own initiative,
apply for return of the leased land when the whole or part of the lease is
no longer desired. Party B shall not sub-let or loan part or whole of the
land to a third party.
5 In the event that Party B applies to lease this parcel of land for the
construction of plant or other buildings on its own initiative, the
distance between the plant or building and the adjacent land leased by
other persons shall be three meters, the distance between the plant or
building and the main route of transportation shall be six meters, the
distance between the plant or building and the internal or branch route of
transportation shall be five meters and, the distance between the plant or
building and the divided route of transportation shall be four meters.
Space saved from the aforesaid distance shall be reserved as a "set back
area". Party B shall be responsible for the costs and expenses incurred
from the arrangement and virescense of the set back area.
6 In the event that Party B applies to lease this parcel of land for the
construction of plant or other buildings, the principal construction should
be a building of two or more stories. The plane area of the construction
shall be not less than 50% or exceed 70% of the total leased area. In
addition, the construction of the plant or building shall follows the
principles as set forth below:
a. the set back area around the leased land shall be reserved as a vacant
lot for the purpose of fireproofing, lighting, evacuation and
virescense.
b. 20% of the net area out of the leased land after deducting the set
back area shall also be reserved as a vacant lot.
7 In the event that the leased land is currently used for public facilities,
the Administration Department of Party A shall be in charge of the
management of such leased land, and Party B shall not claim for using the
leased land for construction or other purposes.
8 Party B shall pay Party A NT$56,734 as specified under Article 1 of this
Agreement before the fifth date of each month to the national treasury
agent appointed by Party A. In the event of arrears in payment for the
rent, Party B
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agrees to pay, in addition to the rent, fines for penalty as calculated per
the formulae below:
a. an additional 5% of the annual rental for arrears in payment for over
one month and less than two months;
b. an additional 10% of the annual rental for arrears in payment for over
two months and less than three months;
c. an additional 15% of the annual rental for arrears in payment for over
three months and less than four months.
in the event that arrears in payment for the rental, fees and penalty of
fines have exceeded four months, in addition to pursuing the same, Party A
may terminate this Agreement.
9 In addition to effecting rental payment each month, Party B shall also pay
NT$2.79 per square as the public facilities construction fee each month for
a 10-year period according to Article 11 of the Establishment and
Management of the Export Processing Zone Act. Party B may cease to pay such
fee from July 1, 2002.
10 During the term of this Agreement, should the government announce any
adjustment of land value, Party B agrees to adjust the rent accordingly
from the 1st date of following month.
11 In the event that Party B applies to lease this parcel of land for the
construction of plant or other buildings, Party B shall commence the
fabrication within three months after the execution of this Agreement and
shall complete the construction on schedule. Party A may immediately
terminate this Agreement and recall the leased property should it occur
that Party B has not commenced the fabrication after the deadline or, where
the delay of the construction is agreed by Party A, Party B has failed to
commence the fabrication or to complete the construction on schedule. In
which case, the rent and the public facility construction fee already paid
by Party B shall not be refunded. In addition, Party A may have the right
to dispose at its discretion the uncompleted structure on the leased
property or demand Party B to remove the uncompleted structure according to
the applicable laws, and Party B shall not raise any objection.
12 When it is necessary for Party B to excavate the road, the drainage system,
the piping lines or other public facilities inside the Zone for the
construction of the plant or building, Party B must obtained prior approval
from Party A and shall pay a security deposit to Party A. Upon completion
of the construction, the
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site must be resumed to its original condition by Party B. The security
deposit will be refunded to Party B without interest accrued. However,
Party A may forfeit the security deposit if Party B is in breach of its
liabilities provided in this Article.
13 Party A may notify Party B to terminate this Agreement should any of the
following events occur:
a. Party B has breached this Agreement in the use of the leased property;
b. the building owned by Party B is purchased or expropriated according
to Article 12 of the Establishment and Management of the Export
Processing Zone Act;
c. Party B is in arrears of rental payment and fees amounting to four
months; and
d. the Agreement is terminated in compliance with the Civil Code or Land
Act.
14 In the event that the Agreement is terminated according to the preceding
Article, Party B shall return the leased land immediately. All structures
on the leased land that belong to Party B shall, within two years, be
resold to the qualified assignee that is located in the Zone as approved by
Party A or its sub-department. In addition, Party B shall effect the rental
payment in accordance with Article 7 of this Agreement within the two-year
period. In the event that Party B fails to comply with this Article 14 or
fails to complete the required procedure exceeding two years, Party A may
purchase all the equipment and facilities inside or outside the building on
the leased land according to the applicable laws, and Party B shall not
raise any objection.
15 In the event that Party B wishes to renew this Agreement upon expiry, Party
B may file an application with Party A three months prior to the expiry of
this Agreement. Should Party B fail to file for renewal of this Agreement,
Party B shall surrender the land upon expiry of this Agreement. All
structures on the leased land that belong to Party B shall, within six
months, be resold to the qualified assignee that is located in the Zone as
approved by Party A or its sub-department. In addition, Party B shall
effect the rental payment in accordance with Article 7 of this Agreement
within the two-year period. In the event that Party B fails to comply with
this Article 15 or fails to complete required procedure within six months,
Party A may purchase all the equipment and facilities inside or outside the
building on the leased land according to the applicable laws, and Party B
shall not raise any objection.
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16 During the term of this lease Agreement, should the relevant laws are
amended to the extent that affect the validity of this Agreement, this
Agreement shall be amended accordingly. Party B shall not raise any
objection.
17 This Agreement is executed in duplicate with each party holding one copy.
This Agreement shall be effective upon execution. All disputes which may
arise in connection to or out of this Agreement shall be referred to the
courts appointed by Party A as the court of first instance.
The Contracting Parties:
Party A: Xxxxxx Export Processing Zone Administration
By: Xxxx Xxx
Add: 000, Xxx-xxxxx Xxxx, Xxxxxx Xxxxxxxx, Xxxxxxxxx
Party B: Advanced Semiconductor Engineering, Inc. (with seal)
By: Chen-xxxxx Xxxxx
Add: Xx. 00, Xxxx xxxxx Xxxxxx, Xxxxxx Export Processing Zone, Kaohsiung
Corporate License No.: Xxxx-Xxx-Xxx-Xxxxx-Zi-N3651
Dated: January 1, 2002
(With Official Seal)
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