EXHIBIT 4.52
SUPPLEMENTAL AGREEMENT NO. 1 TO THE PREMISES LEASE AGREEMENT NO. TD0196
Landlord: Beijing GaoLing Estate Development Co. Ltd.
Tenant: Beijing AirInbox Information Technologies Co., Ltd.
The following amendment (the "Supplemental Agreement") to the Premises
Lease Agreement No. TD0196 (the "Lease Agreement") have been entered into by the
Landlord and the Tenant:
1. Rental Free Period: 60 days from April 28, 2006 to July 27, 2006.
During the rental free period, the Tenant will not pay the rent except for
the maintenance fee and other related fees (RMB 1.00 yuan per square meter per
day). In the event that the Lease Agreement is terminated before the expiration,
any remaining part of the rental free period after the determination shall be
void and the Landlord shall not make any compensation to the Tenant for this
reason. In the event that the Tenant terminates the Lease Agreement before the
expiration, the Tenant shall pay the Landlord in full amount for any rental free
period the Tenant has had with the rental price set forth by the Lease
Agreement.
2. Section 6 of Article I of the Lease Agreement shall be revised as: In the
event that the Landlord fails to make the rental premises available to the
Tenant one month after the commencing date of the lease, the Tenant may
terminate the Lease Agreement by a written notice to the Landlord, who shall
return to the Tenant any deposit, rent and maintenance fee (without any
accumulated interest) and pay the Tenant a compensation amount equal to 20% of
such deposit, rent and maintenance fee.
3. Section 8 of Article I of the Lease Agreement shall be revised as: Upon the
expiration of the Lease Agreement if the Tenant has returned the rental
premises, paid all related fees and fully performed the Lease Agreement, the
Landlord shall return to the Tenant the full deposit (without any accumulated
interest) within 30 days. Any delay shall generate a 0.002% late fee per day.
4. Article II of the Lease Agreement shall be revised as: The Tenant may
terminate the Lease Agreement before the expiration by a written notice to the
Landlord provided that the deposit shall not be returned.
5. In the event that the Tenant plans to renovate or remodel the rental
premises, the Tenant shall deliver to the Landlord the work plan and acquire the
consents from the Landlord and applicable fire departments. Such renovation or
remodeling may not cause blockage of any fire exits or alter any original fire
control sectors. Any remodeling on the systems of water, ventilation or fire
control shall be undertaken only by contractors designated by the Landlord, and
all the expenses shall be taken by the Tenant. Should the Tenant has any
renovation or remodeling at any public areas on the floors of the rental
premises, the original condition shall be restored when the Tenant moves out of
the Tengda Tower and all the expenses shall be taken by the Tenant.
6. During the lease period, the Landlord shall provide the Tenant two parking
spaces free of charge on second basement floor of the Tengda Tower. In the event
that the lease period set forth in the Lease Agreement is changed, the term for
the two parking spaces shall be changed accordingly. Upon the expiration or
termination of the Lease Agreement, the Landlord shall stop providing such
parking spaces and any related service.
7. As a supplement and amendment to the Lease Agreement, this Supplemental
Agreement is of equal legal effects. Should there be any conflict between this
Supplemental Agreement and the Lease Agreement, this Supplemental Agreement
shall prevail while all other provisions of the Lease Agreement shall remain as
effective.
8. This Supplemental Agreement shall have two original copies, with each party
hereto holding one copy. It shall become effective upon the execution by each
party hereto.
Landlord: Beijing GaoLing Estate Development Co. Ltd.
Legal Representative or Trustee: Sun Jianghai (Signature) (Corporate Seal)
Dated: April 16, 2006
Tenant: Beijing AirInbox Information Technologies Co., Ltd.
Legal Representative or Trustee: Wang Guijun (Signature) (Corporate Seal)
Dated: April 14, 2006
