SUPPLEMENTAL AGREEMENT NO. 5 TO THE LEASE AGREEMENT NO. TD0130 (Translated from Chinese)
Exhibit
4.59
SUPPLEMENTAL
AGREEMENT
XX. 0 XX XXX XXXXX XXXXXXXXX XX. XX0000
(Translated
from Chinese)
Landlord:
Beijing GaoLing Estate Development Co. Ltd.
Tenant:
Beijing AirInbox Information Technologies Co., Ltd.
The
Lease
Agreement No. TD0130 (the “Lease Agreement”) between the landlord and the tenant
shall expire on May 27, 2007. For the purposes of renewing the tenant’s lease of
the 32nd and 33rd Floors of the Tengda Tower, the parties hereto have entered
into the following agreement (the “Supplemental Agreement”) after friendly
negotiations and after taking into consideration of the effect of changes in
the
policies of telecommunication operator towards the wireless value-added services
business:
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1.
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Effective
on May 28, 2007, Section 2 of Article I of the Lease Agreement shall
be
revised as: The term of the premises lease shall be one year and
three
months, starting from May 28, 2007 to August 27,
2008.
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2.
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Effective
on May 28, 2007, Section 3 of Article I of the Lease Agreement shall
be
revised as: The rent for the premises shall be RMB 3.20 yuan per
square
meter per day. The maintenance fee shall be RMB 1.00 yuan per square
meter
per day. The total amount for each month shall be RMB 390,096.00
yuan.
Each month shall be calculated as 30 days. The rent and maintenance
fee
shall be paid in advance on a monthly basis. The tenant shall deliver
to
the landlord the rent and maintenance fee for the next rent period
ten
days before each rental period begins (each rental period is from
the 28th
day of a month to the 27th day of the following month). The payment
shall
not be deemed as made until the landlord receives the full amount.
In the
event that the tenant fails to deliver the foresaid payments on time
as
required by the Lease Agreement, the tenant shall pay the landlord
a late
fee of 0.02% of the total due amount per
day.
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3.
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Free
Leasing Period: 90 days commencing from August 28th,
2007 to September 26th,
2007 and from January 28th,
2008 to March 27th,
2008. During the free leasing period, the tenant shall pay RMB 1.00
Yuan/day/Sq.M. as the management fee and other related fees. If the
Lease
Agreement is terminated before the expiration for any reason that
is
attributable to the tenant, the tenant shall not be entitled to the
Free
Leasing Period. Any Free Leasing Period that occurs after the termination
date and that has not been enjoyed by the tenant shall no longer
be
effective, and the landlord shall not compensate the tenant. The
tenant
shall make up for all the renting fee according to the stipulated
rental
of the Lease Agreement if the Lease Agreement is terminated by the
tenant
before the expiration of the renting term or is terminated for any
reason
that is attributable to the tenant.
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4.
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During
the lease term the landlord shall provide tenant with six parking
places
in the second floor of the underground parking area and one parking
place
in the fourth floor of the underground parking area in the Tengda
Building
without charging any fee. If there is any change in the term of the
Lease
Agreement, the term of free use of the parking place shall be adjusted
according to such change. If the term of Lease Agreement expires
or is
terminated before expiration, the landlord will not provide the aforesaid
free parking place and relevant services to the tenant. If the tenant
reduces the lease area, the landlord shall reduce the number of parking
places accordingly. The free parking places will be supplied since
the
date this contract is signed.
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5.
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The
landlord agrees to lease to the tenant an advertisement board on
the top
of the Tengda Tower (the “Ad Board”) for the tenant’s business purposes.
Hence both parties hereto agree as
follows:
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5.1
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Lease
term of the Ad Board: From May 28, 2007 to August 27, 2008. In the
event
that the lease period set forth in the Lease Agreement is changed,
the
term for the Ad Board shall be changed accordingly. Upon the expiration
or
termination of the Lease Agreement before the expiration date, the
landlord shall stop providing the Ad Board and any related
services.
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5.2
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The
rental fees for the Ad Board shall be RMB 10,850.00 yuan (RMB Ten
Thousand
and Eight Hundred Fifty yuan) per month. The lease fee shall be paid
in
advance. The tenant shall deliver to the landlord ten days before
May 28,
2007 the whole amount for the entire lease period. The payment shall
not
be deemed as made until the landlord receives the whole amount. In
the
event that the tenant fails to make the due payment within the stipulated
period, the landlord may take back the right of use of the Ad Board
and
the provisions relating the Ad Board shall become
void.
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5.3
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Other
related agreement about the Ad Board shall be the same as the Supplemental
Agreement No. 3 and Supplemental Agreement No. 4 of the Lease Agreement
No.TD0130.
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5.4
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The
landlord is cooperating with Beijing Bei-Guang Media City TV Co.
Ltd. to
install an LED Outdoor Screen at the Tengda Building. The tenant
will be
provided with a free advertisement time no less than 10 minutes from
08:00
to 20:00 o’clock everyday. This screen will be installed in June 2007 as
planned.
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6.
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Based
on the current condition of the lease area, the area shall be in
a nice
re-leasable situation (except for the natural wear and tear) when
the
lease period is over. With regards to the installation by the tenant
of
roof-inhaled air-condition, the tenant shall restore the ceiling
and
air-condition system back to the original status when the tenant
returns
the lease area, and the expenses shall be borne by the
tenant.
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2
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7.
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As
a supplement and amendment to the Lease Agreement No.TD0130 and the
supplemental agreements thereto, this Supplemental Agreement is of
equal
legal effects. Should there be any conflict between this Supplemental
Agreement and the Lease Agreement and the supplemental agreements
thereto,
this Supplemental Agreement shall prevail while all other provisions
of
the Lease Agreement and the supplemental agreements thereto shall
remain
as effective.
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8.
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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.
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Landlord: Beijing
GaoLing Estate Development Co. Ltd.
Legal
Representative or Trustee: Sun
Jianghai (Signature) (Corporate Seal)
Dated:
Xxxxx 00, 0000
Xxxxxx: Beijing
AirInbox Information Technologies Co., Ltd.
Legal
Representative or Trustee: Wang Guijun (Signature) (Corporate Seal)
Dated:
March 22, 2007
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