Supplemental Agreement No.2 to the Lease Agreement No. DC-ZW-TD-07 of Tengda Building
Exhibit
4.58
Supplemental
Agreement No.2 to the Lease Agreement No. DC-ZW-TD-07 of Tengda
Building
Lessor:
Beijing Gaoling Estate Development Co., Ltd.
Lessee:
KongZhong China
The
Realty Lease Contract No. DC-ZW-TD-07 signed by and between the Lessor and
Lessee (hereinafter the “Contract”) shall be expired on
August 27, 2008; however the Lessee desires to continue leasing the room 08 on
the 32nd floor
of Tengda Plaza after the expiry of the said Contract. Hence, it is hereby
agreed by the Lessor and Lessee as follows after friendly
negotiations.
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1.
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Effective
from August 28, 2008, the subsection 2 of Article 1 under the Realty Lease
Contract No. DC-ZW-TD-07 shall be amended and read as “the lease term of
the Premises shall be one year, commencing from August 28, 2008 through
August 27, 2009.”
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2.
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Effective
from August 28, 2008, the subsection 3 of Article 1 under the Realty Lease
Contract No. DC-ZW-TD-07 shall be amended and read as “the rental of the
Premises shall be RMB 3.30 per day per square meter and the property
management charge shall be RMB 1.00 per day per square meter, of which the
aggregated monthly rental (including property management charges) of the
subject matter of the Contract shall be RMB 17,931.00. Under this Contract
each month will be computed on a 30-day basis. The rental and property
management charges shall be paid on a monthly basis by means of advanced
payment, whereby the Lessee shall pay the Lessor the rental and property
management charges for the next payment period within 10 days before the
commencement of the next payment period (payment period shall be the
28th
day of the applicable month through the 27th
day of the following month) and such payment shall be deemed as paid with
receipt of the Lessor. If the Lessee fails to make any payment above
according to the terms of the Contract, the Lessee shall pay Lessor a late
payment fee computed at 0.02% of all amount due for each default
day.”
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3.
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Effective
from August 28, 2008, the subsection 5 of Article 1 under the Realty Lease
Contract No. DC-ZW-TD-07 shall be amended and read as “as of the signing
of this Contract, the Lessee shall pay Lessor a deposit as guarantee of
its faithful performance of the terms of the Contract (hereinafter the
“Deposit”), which
shall be equal to three months rentals and property management charges,
i.e. RMB 53,793.00 (RMB Fifty-Three Thousand Seven Hundred and
Ninety-Three) in aggregate.”
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4.
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Grace
period shall be 70 days in aggregate, which commences from August 28, 2008
through November 5, 2008.
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1
During
the grace period, the Lessee is obligated to pay the property management charges
at RMB 1.00 per day per square meter and other payable expenses. If the Contract
is early terminated due to a reason attributable to the Lessee, the Lessee shall
not be entitled to the grace period. Any grace period day after the termination
date of the Contract that the Lessee has not enjoyed shall become void, and the
Lessor is not obligated to compensate the Lessee for such void grace period
days. If the Lessee terminates the Contract before the expiry of the Contract
term or the Contract is early terminated due to a reason attributable to Lessee,
the Lessee shall make full payment to the Lessor of the rental of the grace
period enjoyed according to the rental rate provided in the
Contract.
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5.
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This
Supplemental Agreement is a supplement and amendment to the Realty Lease
Contract No. DC-ZW-TD-07 and its relevant supplemental agreements, all of
which shall have equal legal effect. If there is any conflict between the
terms of this Supplemental Agreement and the terms of the Realty Lease
Contract No. DC-ZW-TD-07 or any of its relevant supplemental agreements,
the terms of this Supplemental Agreement shall prevail; all terms that are
consistent with the terms of the Realty Lease Contract No. DC-ZW-TD-07 and
its relevant supplemental agreements shall continue in full
force.
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6.
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This
Agreement is written in two original copies, of which each of the Lessor
and Lessee shall keep one. The Agreement shall take effect on the date
when the parties sign and seal the
Agreement.
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Lessor:
Beijing Gaoling Estate
Development Co., Ltd. |
Lessee:
KongZhong China
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Legal
Representative or Authorized
Representative: (signature) |
Legal
Representative or Authorized
Representative: (seal) |
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Dated:
May 12, 2008
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Dated:
May 12, 2008
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