Exhibit 4(l)
Land Lease Agreement
(93)-Xxx-Xx-Xxxx-Xx-No. 011
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
No. Leased construction
Markings of Land Area rent/m2 rent/month fee/month Note
(m2) (NTD) (NTD) (NTD)
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District Section Sub-Section Land
Lot.
No.
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Sub-Section 726 12837 11.50 147,626 0 Approved to
2 lease by the
letter of
Party A
(Jing-Jya-
Chu-2-Jian-Zi-
09300030420
of April 9,
2004)
CL061 Nanzih Heping
District Section
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Total 12837 11.50 147,626 0
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2. The term of this lease shall start from April 1, 2004 and end on March 31,
2014.
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 establishment of branch office of 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 the parcel of land for the
construction of a 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 line of transportation shall be six meters, the
distance between the plant or building and the internal or branch line of
transportation shall be five meters, and the distance between the plant or
building and the divided line 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 the parcel of land for the
construction of plant or other buildings, the building to be constructed
shall be a building of two or more stories together with its necessary
auxiliary building. The land coverage and the capacity rate of the building
shall be counted in accordance with the relevant construction laws.
7. In the event that the leased land is currently used for public facilities,
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$147,626 as specified under Article 1 of this
Agreement before the fifth date of each month to the national treasury
agent appointed by Party A. In the event of arrears in payment for the
rent, Party B agrees to pay, in addition to the rent, fines for penalty as
calculated per the formulae below:
a. an additional 5% of the annual rental for arrears in payment for over
one month and less than two months;
b. an additional 10% of the annual rental for arrears in payment for over
two months and less than three months;
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c. an additional 15% of the annual rental for arrears in payment for over
three months and less than four months; and
d. in the event that arrears in payment for the rental, fees and penalty
of fines have exceeded four months, in addition to pursuing the same,
Party A may terminate this Agreement.
9. In addition to effecting rental payment each month, Party B shall also pay
NT$_______ per square meter as the public facilities construction fee each
month for a 20-year period according to Article 11 of the Establishment and
Management of the Export Processing Zone Act.
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 the following month.
11. In the event that Party B applies to lease this parcel of land for the
construction of a 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 obtain prior approval
from Party A and shall pay a security deposit to Party A. Upon completion
of the construction, the 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
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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.
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 approved by
Party A or its sub-department. In the event that Party B fails to comply
with this Article 14 or fails to complete the required procedure within two
years, Party A may dispose pursuant to applicable laws or 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 shall 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 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.
16. After the termination of this Agreement, Party B shall pay the compensation
calculated on the base of long-term land lease each month. In the event
that Party B fails to effect such payment, a default interest of 5% per
year shall be imposed on it until Party B redeems such payment in full.
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17. During the term of this Agreement, should the relevant laws be amended to
the extent that affect the validity of this Agreement, this Agreement shall
be amended accordingly. Party B shall not raise any objection.
18. 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.
19. Location and area of the leased land as attached hereto.
The Contracting Parties:
Party A: Xxxxxx Export Processing Zone Administration
By: Xxxx Xxx
Add: 000, Xxx-xxxxx Xxxx, Xxxxxx Xxxxxxxx, Xxxxxxxxx
Party B: ASE Test Inc. (with seal)
By: Chen-xxxxx Xxxxx
Add: Xx.00, Xxxx xxxxx Xxxxxx, Xxxxxx Export Processing Zone, Kaohsiung
Corporate License No.: Jing-Jia-Chu-Hsang-Zi-N627-15
Dated: April 1, 2004
(With Official Seal)
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