EXHIBIT 10.58
SUPPLEMENTAL AGREEMENT TO THE LEASE AGREEMENT OF MODERN CITY
Party A: HAO ZHANGANG, HAO JIANING, XXXX XXXXXX
(Collectively, "Owner")
Number of Identity Cards: HAO Zhangang: 110101620910257
XXXX Xxxxxx: 320302640319324
HAO Jianing: NO IC card
Domicile: 1st Floor, Blue Sky Office Xxxxxxxx, 00 Xxxxxxx Xxxx,
Xxxxxxx Xxxxxxxx, Xxxxxxx.
Party B: BEIJING BLUE SKY YUNDA TECHNOLOGY DEVELOPMENT
CO., LTD. ("Lessor")
Registration Number: 1101062178142 (1-1)
Registered Address: Blue Sky Office Xxxxxxxx, 00 Xxxxxxx Xxxx, Xxxxxxx
Xxxxxxxx, Xxxxxxx
Legal Representative: HAO Zhangang
Party C: BEIJING XXXXX XXXX SIGHT INFORMATION TECHNOLOGY
CO., LTD. ("Lessee")
Registration Number: Xx Xx Xxxx Xxxx Fu Zi NO. 006990
Registered Number: A1 Wanquanzhuang, Haidian District, Beijing
Legal Representative: MAO Daolin
Party D: SCITE INTERNATIONAL PROPERTY MANAGEMENT CO., LTD.
BEIJING SCITE MODERN BRANCH ("Property Manager")
Registered Address: SOHO Modern City, 00 Xxxxxxx Xxxx, Xxxxxxxx Xxxxxxxx
WHEREAS:
The Owner, Lessor and Lessee have entered into the Lease Agreement of Modern
City ("Lease Agreement"). In accordance with the Lease Agreement, the Lessor and
Owner lease the office unit on 16th floor of Block C, Party A of SOHO Modern
City, 00 Xxxxxxx Xxxx, Xxxxxxxx Xxxxxxxx, Xxxxxxx, Xxxxx. The lease property is
managed by the Property Manager. To specify the rights and obligations of all
relevant parties in relation to the use and management of the lease property,
after friendly consultation, the relevant parties have reached the following
agreement:
1. The Owner and Lessor have agreed that the Lessee, as the user of the lease
property, has the same right to use the lease property as that of the Owner
during the term of the lease. The right to use the lease property herein
includes but not limited to the rights of property owners stipulated in the
Covenants of Use, Management and Maintenance of SOHO Modern City Property,
approved by
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Beijing Municipal Bureau of House and Land Administration with the approval
number of Wai Zi No.148, attached herewith as Schedule I, excluding the
ownership right, the right to dispose of the property and the right to
benefit from the property.
2. All the parties hereto have agreed that the Lessee, as the user of the
lease property, has the same right to enjoy property management services of
the lease property as that of the Owner during the term of the lease. The
property management services herein includes but not limited to the
services contained in the Service Guide attached herewith as Schedule II
and the Network Service Guide of SOHO Modern City attached herewith as
Schedule III. The Property Manager warrants and undertakes that usual and
continuous property management services will be provided to the Lessee from
the date on which the Lessee occupies the lease property.
3. In addition to the property management services, the Owner, Lessor and
Property Manager agree to provide the following extra services:
(1) to cooperate with the Lessee and provide necessary conditions for
decoration of the lease property;
(2) to install separate electricity meter free of charge;
(3) to supply power not lower than 70 KW, and provide necessary assistance
for Lessee's internal power supply system;
(4) to provide all necessary assistance and cooperation in applying for
and maintaining separate and independent lines;
(5) to provide all necessary assistance and cooperation in applying for,
using and maintaining direct-dial telephone lines, trunk lines,
internal telephone networks and Intranet.
4. The fees payable for the services to be provided not free of charges by the
Property Manager in addition to those covered by property management fees,
shall be paid directly to the Property Manager based on the actual
services. Power bills, telephone bills and other telecommunication bills
shall be paid directly to the relevant authorities.
5. If the Owner, Lessor and Property Manager default against their respective
obligations, the Lessee is entitled to demand specific performance from the
defaulting party. If within ten days after the Lessee's demand, the
defaulting party fails to rectify its defaults or fails to take sufficient,
effective and timely remedial actions and to fully compensate the Lessee
for its losses attributable to the defaults, the Lessee is entitled to
demand a deduction in relevant amount from the property management fees
included in the rent. If the dispute is not reasonably and appropriately
resolved, the Lessee is entitled to unilaterally terminate the Lease
Agreement, and reserve the right to seek compensation.
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6. The Owner, Lessor and Lessee have agreed that this agreement is the
supplemental agreement to the Lease Agreement, having equal binding effect
with the Lease Agreement.
7. This supplemental agreement becomes effective upon the signatures of all
the parties hereto, and terminates upon the termination of the Lease
Agreement.
Owner: HAO Zhangang, HAO Jianing, XXXX Xxxxxx
Signatures: /s/
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Date: January 2002
Lessor: Beijing Blue Sky Yunda Technology Development Co., Ltd.
Authorized representative: /s/
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Date: January 2002
Lessee: Beijing Xxxxx Xxxx Sight Information Technology Co., Ltd.
Authorized representative: /s/
----------------
Date: January 2002
Property Manager: Scite International Property Management Co., Ltd. Beijing
Scite Modern Branch
Authorized representative: /s/
----------------
Date: January 2002
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