XXXXXXX XXX X00000(X)
DATED THIS 30TH DAY OF JULY 0000
XXXXXXX
XXXXXXXXX TECHNOLOGIES PTE LTD
.. OF THE ONE PART
AND
CHARTERED SEMICONDUCTOR MANUFACTURING LTD
.. OF THE OTHER PART
**********************************************************
AGREEMENT FOR SUB-LICENCE AND SUB-LEASE
(PRIVATE LOT A12787(E))
**********************************************************
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THIS AGREEMENT is made the 30TH day of JULY 2001 between:-
(1) SINGAPORE TECHNOLOGIES PTE LTD, a company incorporated in Singapore and
having its registered office at 00 Xxxxxxx Xxxx #00-00, Xxxxxxxxx
000000 (hereinafter called "ST" which expression shall include its
successors-in-title and permitted assigns); and
(2) CHARTERED SEMICONDUCTOR MANUFACTURING LTD, a company incorporated in
Singapore and having its registered office at 00 Xxxxxxxxx Xxxxxxxxxx
Xxxx X Xxxxxx 0, Xxxxxxxxx 000000 (hereinafter called "CHARTERED" which
expression shall include its successors-in-title and permitted
assigns).
WHEREAS:-
(A) ST has entered into a Building Agreement (hereinafter called "the
Building Agreement" which expression shall include all variations
thereof and supplements thereto) dated the 30th day of July 2001
with Jurong Town Corporation (hereinafter called "JTC" which expression
shall include its successors-in-title and assigns) in respect of the
land more particularly described in the First Schedule hereto
(hereinafter called "the Property") for the construction of factory
buildings and other structures therein and for the installation of
equipment fixtures and fittings thereof for the purpose of wafer
fabrication and its ancillary activities in accordance with the terms
and conditions contained in the Building Agreement.
(B) Under the terms of the Building Agreement, JTC has agreed to:-
(a) grant a licence to ST to enter upon the Property for a period
of three (3) years commencing from the 1st day of March 2000;
and
(b) lease the Property to ST for a term of thirty (30) years
(hereinafter called "the Head Lease") commencing from the 1st
day of March 2000 at the rent and in the form containing the
reservations, exceptions covenants, conditions and provisions
set forth in the First Schedule to the Building Agreement,
upon compliance with the conditions set out in Clause 4 of the
Building Agreement,
on the terms and conditions set out therein.
(C) With the consent of JTC, ST has agreed:-
(a) to grant a sub-licence to CHARTERED for a period of three (3)
years (less one (1) day) commencing from the Commencement
Date; and
(b) that upon the completion of the Development and subject to
compliance with the conditions set out in this Agreement, ST
shall grant to CHARTERED a sub-lease of the Property for a
term of thirty (30) years less one (1) day commencing from the
1st day of March 2000,
on the terms and conditions hereinafter set out.
NOW IT IS HEREBY AGREED as follows:-
1. In this Agreement, the following expressions shall have the following
meanings:-
"Commencement Date" means the 1st day of March 2000;
"Development" means the construction on the Property of factory
buildings and other structures therein and the installation thereon of
equipment fixtures and fittings thereof for the purpose of wafer
fabrication plant operations in accordance with the terms and
conditions contained in the
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Building Agreement;
"Private Xxx X00000" means all that piece of land known as Xxxxxxx Xxx
X00000 forming part of the Government Survey Lots 937 and 1949 and part
of Xxxxxxxxx Xxxx (xxx), Xxxxx Xx. 00, Xxxxxxxxx and situated in the
Republic of Singapore as shown on the plan annexed to the building
agreement relating thereto made between JTC and ST and estimated to
contain an area of 52,525 square metres more or less subject to survey.
"Private Xxx X00000(x)" means all that piece of land known as Private
Lot A12787(a) forming part of the Government Survey Xxx 0000X, Xxxxx
Xx. 00, Xxxxxxxxx and situated in the Republic of Singapore as shown on
the plan annexed to the building agreement relating thereto made
between JTC and ST and estimated to contain an area of 29,824 square
metres more or less subject to survey.
"Private Lot A12878(b)" means all that piece of land known as Xxxxxxx
Xxx X00000(x) forming part of the Government Survey Xxx 0000X, Xxxxx
Xx. 00, Xxxxxxxxx and situated in the Republic of Singapore as shown on
the plan annexed to the building agreement relating thereto made
between JTC and ST and estimated to contain an area of 7,015 square
metres more or less subject to survey.
"Private Xxx X00000(x)" means all that piece of land known as Private
Lot A12787(d) forming part of the Government Survey Xxxx 000X xxx
0000X, Xxxxx Xx. 00, Xxxxxxxxx and situated in the Republic of
Singapore as shown on the plan annexed to the building agreement
relating thereto made between JTC and ST and estimated to contain an
area of 47,640 square metres more or less subject to survey.
"Private Xxx X00000(x)" means all that piece of land known as Xxxxxxx
Xxx X00000(x) forming part of the Government Survey Xxx 0000X, Xxxxx
Xx. 00, Xxxxxxxxx and situated in the Republic of Singapore as shown on
the plan annexed to the building agreement relating thereto made
between JTC and ST and estimated to contain an area of 42,165 square
metres more or less subject to survey.
"Sub-Licence Period" means the period of three (3) years less one (1)
day commencing from and including the Commencement Date.
2. For the Sub-Licence Period or for such further period as may be
extended by ST, CHARTERED shall have the licence and authority to enter
upon the Property for the carrying-out of the works relating to the
Development in accordance with the stipulations hereinafter contained
and as contained in the Building Agreement and for no other purpose.
3. CHARTERED hereby agrees to perform and observe the following
stipulations:-
(i) To hold the Property until the same shall be comprised in a
sub-lease to be granted as hereinafter provided as licensee
upon the same terms as the form of the sub-lease set forth in
the Second Schedule hereto at the same rent and subject to the
same covenants and stipulations so far as applicable as if a
sub-lease thereto has been actually granted and so that ST
shall have all the remedies by whatsoever means for rent in
arrears that are incidental to the relationship of landlord
and tenant but so that nothing herein contained shall be
construed as creating a legal demise or any greater interest
in the licence than a tenancy at will;
(ii) To pay in advance as from the Commencement Date a licence fee,
calculated at the same rate and on the dates specified as for
the rent reserved in the sub-lease of the Property in the
Second Schedule hereto as if such sub-lease has actually been
granted;
(iii) To pay on JTC's behalf to the Comptroller of Property Tax an
amount equivalent to
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the sum payable by JTC as property tax in respect of the
Property improvements and structures thereon during the
Sub-Licence Period or of such extended period (if any)
permitted under Clause 4(c) hereof by way of additional
licence fee or for the period prior to the issue of the
sub-lease to be granted under Clause 7 herein;
(iv) To pay interest at the rate of 8.5% per annum or such higher
rate as may be determined from time to time by ST in respect
of any outstanding amount payable by CHARTERED under this
Agreement from the date such amount becomes due until payment
in full is received by ST.
(v) To pay to ST all survey fees and other charges including those
payable to and claimed by the relevant government planning
authorities for the survey of the Property for the purpose of
sub-division of the land of which the Property forms part and
for the preparation and issue of a Certificate of Title
PROVIDED THAT JTC shall have the right to employ its own
surveyor to carry out the said survey in which event CHARTERED
shall bear all costs incurred.
(vi) At the cost and expense of CHARTERED:-
(a) to engage a professional engineer to carry out soil
investigations to advise on the soil conditions and
to design structurally sound buildings proposed to be
erected taking into consideration the condition of
the Property; and
(b) to execute such work as may be required to be done in
respect of the state and condition of the Property
(especially its ground levels, topography and soil
conditions) which state and condition CHARTERED shall
be deemed to have full knowledge.
(vii) Without prejudice to sub-Clause (vi) above to submit within
three (3) months from the Commencement Date to ST for its and
JTC's approval and then to the relevant government planning
and building authorities full and complete plans elevations
and specifications of the buildings proposed to be erected on
the Property in accordance in every way with the requirements
under the Planning Act, Building Control Act, Fire Safety Act,
Water Pollution Control and Drainage Act and any other
relevant statutory provisions PROVIDED THAT any of the said
plans elevations and specifications which have been approved
by ST and JTC shall not be amended except with the prior
written consents of ST and JTC irrespective of whether written
permission for the amendments have been granted by the Urban
Redevelopment Authority or any other relevant building
authority AND PROVIDED ALSO THAT ST or JTC may give or refuse
its approval at its absolute discretion.
(viii) At its own cost to commence erection on the Property either
within six (6) months from the Commencement Date or within one
(1) month from the date of approval of the plans by the
relevant government building authorities, whichever is the
earlier, and in a substantial and xxxxxxx-like manner with the
best materials of their available kinds and in conformity in
every respect with the plans, elevations, sections and
specifications approved by ST and JTC and the relevant
government building authorities to finish the Development so
as to be completely fit for immediate occupation and operation
within the Sub-Licence Period PROVIDED ALWAYS THAT in the
planning, erection, construction and completion of the said
buildings to develop an average gross plot ratio on Xxxxxxx
Xxx X00000, Xxxxxxx Xxx X00000(x), Private Lot A12787(b),
Xxxxxxx Xxx X00000(x), Xxxxxxx Xxx X00000(x) and any other
land occupied by ST (or its licensees or tenants) within
Woodlands Industrial Park D, together of not less than 0.6 but
not more than 1.4 and in the event that the aforesaid average
gross plot ratio exceeds 1.4 CHARTERED shall be responsible
for such proportion of the development charges/differential
land premium and other charges payable in consequence thereof
AND PROVIDED FURTHER THAT
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CHARTERED shall not install or use any electrical
installation, machine or apparatus that may cause or causes
heavy power surge, high frequency voltage and current, air
borne noise, vibration or any electrical or mechanical
interference or disturbance whatsoever which may prevent or
prevents in any way the service or use of any communication
system or affects the operation of other equipment,
installations, machinery, apparatus or plants of other
licensees or tenants.
(ix) At its own cost to take such steps and execute such works upon
the Property as may be necessary for the protection of shores
and embankments if any and for the prevention of earth-slip
erosion of soil and failure of slopes expeditiously in a
xxxxxxx-like manner and to the satisfaction of ST and JTC and
other relevant governmental and statutory authorities.
(x) If CHARTERED shall fail to complete the Development and to
commence operations within the period specified in Clause
3(viii) or within any extended period under Clause 4(c) hereof
CHARTERED shall pay to ST a sum calculated at the rate of
$200.00 per day as liquidated damages for the period during
which the said buildings to be comprised in the Development
shall so remain or have remained incomplete Provided that such
payment shall not prejudice any other right or remedy ST may
have against CHARTERED including its rights of re-entry under
Clause 4(b) and 4(d) herein.
(xi) To remove and replace any materials brought on the Property or
used for the Development or any part thereof which ST and/or
JTC shall require to be removed as being inferior or unfit and
to make good any workmanship which ST and/or JTC shall
consider imperfect and if CHARTERED fails to remedy such
defects ST and/or JTC may enter upon the Property and remedy
such defects at the expense of CHARTERED after expiry of
fourteen (14) days' notice being given to CHARTERED to do so.
(xii) Not to erect or build or permit or suffer to be erected or
built any building, structure or installation other than those
conforming with the plans elevations sections and
specifications approved by ST and JTC and the relevant
Government Building Authorities nor to make any alterations in
the external elevation of any of the said buildings to be
comprised in the Development when erected without the prior
consent in writing of ST and JTC.
(xiii) In the erection and completion of the Development, to do all
acts and things required by and to perform the works in
conformity in all respects with the provisions of any laws or
regulations made thereunder and to pay and keep ST and JTC
indemnified against all claims and other payments whatsoever
which during the progress of the works may become payable in
respect of the said works or of anything done under the
authority herein contained and from time to time to discharge
and pay all claims, assessments and outgoings now or at any
tine hereafter be chargeable against JTC and/or ST under any
law or otherwise in regard to the Property, the said buildings
or any structures or installations thereon.
(xiv) Not to do or permit or suffer to be done in or upon the
Property or any part thereof anything which in the opinion of
ST and/or JTC may be or become a nuisance or annoyance or
cause damage or inconvenience to ST and/or to JTC or to the
licensees or occupiers of any adjoining or neighbouring
premises or whereby any insurance for the time being effected
on the Property under sub-Clause (xix) herein may be rendered
void or voidable or be in any way affected.
(xv) Not to sell or dispose of any earth, clay, gravel or sand from
the Property or permit or suffer any of the same to be removed
except so far as shall be necessary for the execution of the
said works PROVIDED nevertheless that CHARTERED may use
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for the purpose of the said works any of the approved
materials if so required.
(xvi) Not without the prior consent in writing of ST and JTC to
remove or permit or suffer to be removed until after
completion of the buildings comprised in the Development in
accordance with the provisions herein contained any building
materials (other than inferior or unfit materials removed for
the purpose of being replaced by proper materials) or plant
which shall be brought upon the Property for the purpose of
the Development.
(xvii) Not without the prior consent in writing of ST and JTC to
affix or exhibit or erect or paint or permit or suffer to be
affixed or exhibited or erected or painted on or upon any part
of the exterior of the Property or of the external walls or
rails or fences thereof any nameplate, signboard, placard,
poster or other advertisement or hoarding.
(xviii) Not at any time to deposit or make up or manufacture or permit
or suffer to be deposited made up or manufactured upon the
Property any building or other materials except such as shall
be actually required for the buildings to be erected on the
Property in accordance with this Agreement and the Building
Agreement and as soon as the buildings hereinbefore agreed to
be erected shall be completed at its own expense to remove
from the road or footpath adjoining the Property or the ground
intended to be used for such road or footpath all building and
other materials and waste whatsoever.
(xix) As soon as any of the said buildings comprised in the
Development shall have reached a height of five (5) feet above
ground level to insure the same to the full value thereof in
the joint names of ST, JTC and CHARTERED against loss or
damage by fire in some insurance office approved by JTC and ST
and shall increase such insurance proportionately as the said
buildings approach completion and to keep the same so insured
until a sub-lease shall be granted as hereinafter provided and
to pay all premiums thereof at least seven (7) days before the
expiry date of such insurance policy and to produce to ST or
JTC (if so directed by ST) or their respective agents without
demand the policy or policies of such insurance and the
receipt for each such payment and in the event the said
buildings or any part thereof are destroyed or damaged by fire
then to forthwith give to ST and JTC written notice of such
destruction or damage and to forthwith cause all monies
received by virtue of any such insurance to be forthwith laid
out in rebuilding and reinstating the buildings to the
satisfaction of ST and JTC and to make up any deficiency
thereof out of its own monies, but the rebuilding and
reinstatement shall in any event commence and be completed
within the period specified by ST and JTC PROVIDED ALWAYS THAT
if CHARTERED shall at any time fail to keep the Property
insured as aforesaid ST or JTC may without being under any
obligation to do so do all things necessary to effect or
maintain such insurance and any monies expended by either ST
or JTC for that purpose shall be repayable by CHARTERED on
demand and be recovered forthwith from CHARTERED as a debt
PROVIDED FURTHER THAT notwithstanding the covenant contained
in this Clause 3(xix), CHARTERED may exercise the option not
to rebuild or reinstate the buildings subject to the following
conditions:-
(a) without prejudice to Clause 4(b), CHARTERED shall
give ST three (3) months' and one (1) day's prior
notice in writing to prematurely terminate this
Agreement; and
(b) CHARTERED shall forthwith pay or cause to be paid to
ST or if ST so directs to JTC all monies received by
virtue of such insurance.
(xx) Not to assign, create a trust or agency, let, subset or
underlet, charge, grant a licence or part with or share its
interest under this Agreement, or the possession or
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occupation of the Property, or any part thereof or otherwise
in any way dispose of the Property or any part thereof EXCEPT
THAT, subject to ST's and JTC's prior written consent (the
consent of ST not to be unreasonably withheld), CHARTERED may
mortgage or charge its interest under this Agreement by way of
assignment or debenture (as the case may be) to secure the
repayment of such sum or sums as CHARTERED may require for the
purpose only of erecting or completing the building or other
structure to be built on the Property in accordance with the
provisions of this Agreement and the Building Agreement
PROVIDED THAT CHARTERED shall thereafter continue to be liable
for the observance and performance of the several stipulations
herein contained until the grant of the sub-lease as
hereinafter provided.
(xxi) Not to permit or suffer any person to occupy reside or make
use of any building erected on the Property before a Temporary
Occupation Permit or Certificate of Statutory Completion has
been issued by the relevant governmental and statutory
authorities.
(xxii) To make reasonable provision against and be responsible for
all loss, injury and damage to any person (including loss of
life) or Property including that of ST and JTC for which
CHARTERED may be held liable arising out of or in connection
with the occupation and use of the Property and the structures
erected thereon and to indemnify ST and JTC against all
proceedings, claims, costs and expenses which ST and/or JTC
may incur or for which ST and/or JTC may be held liable as a
result of any act, neglect or default of CHARTERED, its
servants, contractors, sub-contractors, or agents or their
respective servants.
(xxiii) To make good and sufficient provision for the safe and
efficient disposal of all waste including but not limited to
pollutants generated at the Property to the requirements and
satisfaction of ST and JTC and other relevant governmental and
statutory authorities PROVIDED THAT in the event of any
default by CHARTERED under this covenant ST or JTC may carry
out such remedial measures as they think necessary and all
costs and expenses incurred thereby shall be recoverable
forthwith from CHARTERED as a debt.
(xxiv) Subject always to Clause 3(xx) hereinbefore appearing to give
to ST and JTC written notice of every change of name within
one month from the date of each change.
(xxv) To construct an internal drainage system to the satisfaction
of ST and JTC to ensure that all surface water collected is
discharged into the public drains and will not flow into
adjoining properties.
(xxvi) (a) To submit plans for the construction of CHARTERED's
temporary crossing, wash bay, silt trap and such like
to ST or JTC (if directed by ST) for his approval.
(b) To construct and complete the said temporary
crossing, wash bay, silt trap and such like as
approved by ST and/or JTC within one (1) month of the
commencement of erection on the Property in
accordance with Clause 3(viii).
(c) To maintain the said temporary crossing, wash bay,
silt trap and such like in good condition at all
times until removal.
(d) To construct and complete a permanent culvert within
nine (9) months from the date hereof or any extension
thereof as may be approved by ST and/or JTC.
(e) To remove the said temporary crossing, wash bay, silt
trap and such like within one (1) month of the
completion of the permanent culvert.
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(f) To reinstate, within one (1) month of the completion
of the permanent culvert, any damage to roads,
roadside xxxxx and sidetables, drains, turf, trees,
services and the like to the satisfaction of ST, JTC
and the relevant governmental and statutory
authorities.
(g) To reinstate, within one (1) month of the completion
of the Development, any damage to roads, roadside
xxxxx and sidetables, drains, turf, trees, services
and the like to the satisfaction of ST, JTC and the
relevant governmental and statutory authorities.
(h) To construct a permanent road access from the
Property to the main road to the satisfaction of the
relevant governmental and statutory authorities.
(i) Not to place any materials, equipment or any other
thing on the roadside xxxxx and sidetables and to be
responsible for any damage to the roadside xxxxx and
sidetables.
(j) To daily wash and clean up the stretch of road, box
culverts, drains and inlet xxxxxxxx fronting the land
free of mud and silt, and clear away all debris,
litter and the like at the roadside xxxxx and
sidetables until completion of the Development.
(k) To take measures to prevent the road, box culverts,
drains and inlet xxxxxxxx fronting the Property from
being silted or littered with debris, litter and the
like.
(l) To provide a vehicle wash bay on the Property at all
times until completion of the said buildings and
works and to ensure that every vehicle which leaves
the Property shall have been washed clean of soil and
dirt.
(m) To ensure that there is no spillage of any earth,
soil, grease, construction material or debris on or
at any part of the surrounding estate and public
roads bordering the estate.
(n) To be responsible for all damage to the footpaths,
trees, road pavement, roadside xxxxx and sidetables,
box culverts and drains fronting the Property and to
repair all damage immediately to ST and JTC's
satisfaction.
(o) To confine all construction activities within the
boundary of the Property.
(p) To erect aesthetically pleasing and safe hoarding
approved by ST and JTC along the whole boundary of
the Property before commencing any construction
activities.
(q) To ensure that no unauthorised excavation works are
carried out.
(r) To engage a Qualified Person to certify in writing to
ST and JTC within one month after the completion of
the said buildings and works in the Development that
all the reinstatement and construction works required
under Clause 3(xxvi) and consequent excavation works
have been carried out and completed satisfactorily.
(s) To remain responsible for and remedy any defects in
the said reinstatement and construction works
required under Clause 3(xxvi) and consequent
excavation works even after the Qualified Person's
certification or the return or expiry of the Deposit
mentioned in Clause 3(xxvii).
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(xxvii) (a) To place with ST or JTC (if directed by ST)
a deposit of $15,000.00 which shall be
forfeited in the event of any breach of any
of the provisions in Clause 3(xxvi) herein
without prejudice to the rights and remedies
of ST and JTC contained in this Agreement,
the Building Agreement, the Head Lease and
the sub-lease.
(b) To immediately make good any deductions from
or any forfeiture of the Deposit so that the
Deposit is at all times maintained at the
sum of ($15,000.00).
(c) If the Deposit is by way of a cash deposit
then ST or JTC shall repay the same without
interest to CHARTERED twelve (12) months
after the Qualified Person's certification
subject to appropriate deductions,
forfeiture or payments to ST or JTC for
damages or other sums due to a breach of any
of the provisions in Clause 3(xxvi).
(d) If the Deposit is by way of a banker's
guarantee then ST or JTC shall return the
said guarantee to CHARTERED twelve (12)
months after the Qualified Person's
certification subject to appropriate
deductions, forfeiture or payments to ST or
JTC for damages or other sums due to a
breach of any of the provisions in Clause
3(xxvi).
(e) Any forfeiture of or deductions from the
Deposit shall be without prejudice to the
rights and remedies of ST and JTC contained
in this Agreement and the Building
Agreement.
(xxviii) At its own cost to plant and maintain trees and
landscape the Property in accordance with all the
requirements of the National Parks Board and other
relevant governmental and statutory authorities.
(xxix) At its own cost to execute such work as may be
necessary to divert existing utility services such as
pipes, cables and the like (if any) to the
requirements and satisfaction of ST, JTC and other
relevant governmental and statutory authorities.
(xxx) If CHARTERED shall at any time be found to have
encroached upon any area beyond the allocated
boundaries of the Property, CHARTERED shall at its
own cost and expense, but without prejudice to any
other right or remedy ST or JTC may have against
CHARTERED, immediately or within the time specified
(if any) by ST or JTC rectify and remove the
encroachment to the satisfaction of ST and JTC and
pay to ST or JTC (if so directed by ST) such
compensation as may be specified by ST or JTC. If,
however, ST and JTC in their respective absolute
discretion permit CHARTERED to regularise and retain
the encroached area or any part thereof upon such
terms and conditions as may be stipulated by ST and
JTC and any other relevant Governmental and statutory
authorities, CHARTERED shall pay licence fee on the
encroached area with retrospective effect from the
date specified by ST, and CHARTERED shall also pay
all survey fees, amalgamation fees, legal fees
(including solicitor and client costs and expense),
and all other costs and charges relating thereto.
(xxxi) If any damage of whatsoever nature or description
shall at any time occur or be caused to the Property
or any building or structure or installation thereon,
or any part thereof, to forthwith give to ST and JTC
written notice of the damage and to remedy the damage
to the satisfaction of ST and JTC within such time as
ST or JTC may specify, all at the cost of CHARTERED.
(xxxii) Not to keep or allow to be kept any livestock or
other animals at the Property or any part thereof.
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(xxxiii) The licence fees and other taxable sums payable
by CHARTERED under or in connection with the
sublicence herein shall be exclusive of the
goods and services tax (hereinafter called
"tax") chargeable by any government, statutory
or tax authority calculated by reference to the
amount of the licence fees and any other
taxable sums received or receivable by ST from
CHARTERED and which tax is payable by
CHARTERED. CHARTERED shall pay the tax and ST
acting as the collecting agent for the
government, statutory or tax authority shall
collect the tax from CHARTERED together with
the licence fees hereinbefore reserved without
any deduction and in advance without demand on
the first day of each of the months of January,
April, July and October, and in the manner and
within the period prescribed in accordance with
the applicable laws and regulations.
(xxxiv) Without prejudice to the generality of Clauses
3(xii) and 3(xiii) hereinbefore appearing,
CHARTERED shall not place, construct or erect
or permit the placing, construction or erection
of any building, structure or equipment
whatsoever on the buffers within the boundary
of the Property as shown on the plan annexed to
the Building Agreement and shall comply with
the requirements of the relevant governmental
and statutory authorities including the Urban
Redevelopment Authority and the Building
Control Division of the Ministry of National
Development.
(xxxv) Without prejudice to the generality of the
rights which ST and JTC have during the licence
period in respect of the Easement referred to
in VML I/076384J of the sub-lease contained in
the Second Schedule hereto (herein referred to
as "the Easement"), to allow ST, JTC and their
respective workmen, agents, contractors,
sub-contractors and authorised lessees, tenants
and licensees and their workmen and contractors
a right to enter and work upon the Property
free of charge for the purpose of connecting
sewer pipelines, if required, into the boundary
of the Property at any time during the period
of the licence herein PROVIDED ALWAYS THAT
CHARTERED shall not at any time hold ST or JTC
liable for any claim, demand, action,
proceeding, inconvenience, loss, damage, costs
or expenses of whatsoever kind or description
which CHARTERED or any other person may suffer
in connection therewith including such entry,
works or pipeline or in other way connected
with the Easement.
(xxxvi) ST's or JTC's endorsement on plans shall be
null and void should there be any subsequent
amendment made thereon without ST or JTC's
prior written consent even though Written
Permission from Urban Redevelopment Authority
has been obtained.
(xxxvii) CHARTERED shall at its own cost ensure that the
building, boundary walls, landscaping works
fronting the Bukit Timah Expressway are
aesthetically designed to ST and JTC's
satisfaction.
(xxxviii) To comply with and to observe any height
restriction(s) on buildings and structures at
the Property as imposed by the relevant
governmental authorities and to ensure that any
height restriction plan(s) which may be
furnished to CHARTERED shall at all times be
held in strict confidence and shall not be
shown, revealed or copied to or by any person,
contractor, sub-contractor, watchman, employee,
agent, representative or any other person
except with the prior written consent of ST and
JTC.
(xxxix) (a) CHARTERED shall observe and be bound by
the provisions in the Building Agreement
and the Head Lease and perform all the
covenants and conditions on the part of
the lessee contained in the Head Lease
insofar as they relate to the Development
and/or the Property;
(b) CHARTERED shall not do omit suffer or
permit in relation to the
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Development and/or the Property any act or
thing which would or might cause ST to be in
breach of the Building Agreement and the
Head Lease or which if done omitted or
suffered or permitted by ST would or might
constitute a breach of the covenants on the
part of the lessee and the conditions
contained in the Building Agreement and the
Head Lease;
(c) CHARTERED shall keep ST indemnified against
any actions, proceedings, claims, damages,
costs, expenses, losses or liability
incurred by ST arising from any breach,
non-observance, or non-performance by
CHARTERED of the aforesaid provisions,
covenants and conditions in the Building
Agreement and the Head Lease.
(xl) To pay all costs disbursements fees and charges legal
or otherwise including stamp and registration fees in
connection with the preparation stamping and issue of
this Agreement and the sub-lease herein agreed to be
granted and any prior accompanying or future
documents or deeds supplementary collateral or in any
way relating to this Agreement and the sub-lease.
(xli) To pay all costs and fees legal or otherwise,
including ST's costs as between solicitor and client,
in connection with the enforcement of the covenants
and conditions of this Agreement and the sub-lease as
well as JTC's costs if any action or omission of
CHARTERED under this Agreement causes JTC to take
action to enforce the covenants and conditions of the
Building Agreement and the lease to be granted
pursuant thereto.
4. It is hereby mutually agreed that until CHARTERED has performed all its
obligations herein contained ST and JTC shall possess the rights and
powers following:-
(a) The right for ST and JTC and their respective agents with or
without workmen or others at all reasonable times to enter
upon the Property to view the state and progress of the said
buildings and works comprised in the Development and to
inspect and test the materials and workmanship in connection
therewith and for any other reasonable purpose including the
construction and installation of sewers drains pipes and
cables on or leading from any adjoining or neighbouring land
of JTC as may be required by ST or JTC.
(b) Full right and liberty in case any part of the Development
hereby agreed to be erected be not completed and fit for
immediate occupation within the period hereinbefore limited
(time in this respect shall be of the essence of the contract)
and in accordance in every way with the stipulations
hereinbefore contained or in case CHARTERED shall in any other
way fail to perform and observe any of the stipulations on its
part herein contained or if any charging order writ of seizure
and sale or its equivalent made in respect of the Property or
any structure thereon shall be enforced without the written
consent of ST and JTC having first been obtained by CHARTERED
or by the person in whose favour the charging order writ of
seizure and sale or its equivalent shall have been made, ST
shall have the right to re-enter upon and take possession of
the Property and all buildings structures fixtures plant
material and effects whatsoever thereon with power to hold and
dispose thereof as if this Agreement had not been entered into
and without making to CHARTERED any compensation or allowance
for the same and this Agreement shall thereupon determine but
without prejudice to any right of action or other remedy of ST
for the recovery of any licence fee or monies due to it from
CHARTERED or in respect of any breach of this Agreement
PROVIDED ALWAYS THAT ST shall, in addition, also be entitled
to claim and to recover from CHARTERED as a debt, any sum
which ST or JTC may incur in connection with the demolition
and removal of any building, structure, fitting, fixture or
thing which ST or JTC may consider necessary to demolish and
remove AND PROVIDED THAT if the Property has been assigned by
way of mortgage with the consent of ST and JTC the provisions
of this Clause shall not take
- 11 -
effect until ST or JTC has served upon the mortgagee notice in
writing specifying the breach and the mortgagee has failed to
remedy such breach.
(c) PROVIDED nevertheless that notwithstanding any such default as
aforesaid in completing the Development ST may in its
discretion give notice in writing to CHARTERED of its
intention not to enforce the stipulations herein contained and
may fix any extended period for the completion of the
Development in substitution for the said period of three (3)
years less one (1) day hereby fixed for such completion and
thereupon the obligations hereunder of CHARTERED to complete
the said works and to accept a sub-lease hereinafter mentioned
shall be taken to refer to such substituted period.
(d) Without prejudice to the generality of Clause 4(b) hereof full
right and liberty of ST and JTC, in the event that CHARTERED
has failed to either:-
(1) develop the Property to the gross plot ratio
specified in Clause 3(viii), or
(2) fulfil the investment criterion as stipulated in
Clause 7 hereof,
with full and absolute discretion to ST and JTC to either:-
(i) re-enter upon and take possession of the Property or
any part thereof and all buildings, structures,
fixtures, plant, material and effects whatsoever
thereon with power to hold and dispose thereof as if
this Agreement had not been entered into and without
making to CHARTERED any compensation or allowance for
the same and this Agreement shall thereupon determine
but without prejudice to any right of action or other
remedy of ST or recovery of any licence fee or monies
due to ST from CHARTERED or in respect of any breach
of this Agreement, or
(ii) reduce the term of sub-lease in respect of the
Property to such a lesser term that JTC may grant to
ST pursuant to the terms of the Building Agreement
(less one (1) day) in which event CHARTERED shall
execute such documents as ST shall deem necessary and
in connection therewith, pay all costs disbursements
fees and charges legal or otherwise as provided in
Clause 3(xl).
5. CHARTERED also hereby agrees as follows:
(a) ST, JTC and CHARTERED shall accept and be bound by the results
of the Environmental Baseline Study (hereinafter referred to
as "the First Baseline Study") dated the 3rd Day of March 2000
and conducted by the Environmental Technology Institute to
determine the presence of minerals and hydrocarbons on and
beneath the Property.
(b) In the event of re-entry by ST and/or JTC under Clause 4(b) or
4(d) or before CHARTERED delivers possession under clause 8 of
this Agreement, (hereinafter referred to as "the said Event")
CHARTERED shall at his own cost:
(i) remove all fixtures, fittings and equipment as may be
required by ST and/or JTC;
(ii) engage a reputable independent consultant to conduct
another Environmental Baseline Study (hereinafter
referred to as "the Subsequent Study") to determine
the level of minerals and hydrocarbons on and beneath
the Property and submit a written copy of the
Subsequent Study to ST and JTC;
(iii) if the results of the Subsequent Study indicate that:
(1) the level of minerals and hydrocarbons
present at the time of the Subsequent Study
exceeds that of the First Baseline Study, or
- 12 -
(2) the level of minerals and hydrocarbons is
equal to or exceeds the Intervention Values
of the Dutch Standards then prevailing
(hereinafter referred to as "the Dutch
Standard")
whichever is less stringent (hereinafter referred to
as "the contamination"), then CHARTERED shall at its
own cost and within a reasonable time period (for
these purposes, "reasonable time period" shall mean
the length of time taken for decontamination using
the then prevailing best practical technology which
is commercially available) properly carry out all
works necessary to decontaminate the Property to the
state and condition existing at the time of the First
Baseline Study or the prevailing Dutch Standard,
whichever is less stringent, and to the satisfaction
of ST or JTC and the relevant governmental and
statutory authorities UNLESS CHARTERED proves to the
reasonable satisfaction of ST and JTC that the
contamination is caused solely by:
- natural occurrence of minerals and hydrocarbons; or
- third parties
and is not in any way caused or contributed by
CHARTERED's acts or omissions or those of its agents
and PROVIDED THAT CHARTERED shall at all times,
whether prior to or after the said Event promptly
notify ST and JTC in writing after CHARTERED has
notice of contamination entering onto or beneath the
Property. Further, the parties hereto may, but shall
not be obliged to, remedy or cause to be remedied any
contamination solely caused by third parties or by
natural occurrence to the Property and neither party
shall hold the other liable in any way for the same.
However, the parties hereto shall at all times comply
with the requirements of the prevailing environmental
laws at their own costs.
(iv) reinstate the Property to its original state and
condition, fair wear and tear excepted, to the
satisfaction of ST and JTC,
(hereinafter referred to as "the decontamination and
reinstatement works").
(c) During and for as long as CHARTERED shall after the said Event
occupy and continue to occupy the Property or any part thereof
by himself or his agents, servants, contractors or
subcontractors or any other permitted persons for purposes of
or in connection of the decontamination and reinstatement
works or any part thereof, CHARTERED shall be and shall be
deemed to be the occupier of the Property and every part
thereof for purposes of liabilities arising or which may arise
under or by virtue of occupiers' liability and CHARTERED shall
indemnify ST and JTC in relation to all such liabilities.
(d) If CHARTERED shall for any reason fail to carry out the
decontamination and reinstatement works or to observe or
perform its obligations under and in accordance with this
Clause 5 or any part thereof, ST and/or JTC may upon re-entry
or delivery of possession as the case may be, and without
prejudice to any other right or remedy ST or JTC may have in
law, appoint or cause to be appointed a reputable independent
consultant to carry out or cause to be carried out the
decontamination and reinstatement works or such part thereof
as ST and/or JTC may deem fit, and all costs and expenses
incurred thereby shall be recoverable by ST and/or JTC from
CHARTERED as a debt.
(e) In addition, ST and JTC shall be entitled to further recover
from CHARTERED and CHARTERED shall pay all licence fees, tax,
property tax and other amounts which ST or JTC would have been
entitled to receive from CHARTERED had the period within which
the decontamination and reinstatement works are effected by
CHARTERED or ST and/or JTC been added to the period of the
licence under this Agreement.
- 13 -
(f) CHARTERED shall not cause or suffer to be caused or permit
entry from the Property onto or beneath any adjoining or
neighbouring premises ("xxx Xxxxxxxxx Xxxx") any minerals or
hydrocarbons to a level which is in contravention of the
prevailing environmental laws, or, in the absence of such
laws, the prevailing Dutch Standard. If CHARTERED fails to
comply with this clause, CHARTERED shall properly carry out
all works necessary to decontaminate the Adjoining Land to the
state and condition in compliance with such prevailing laws or
Dutch Standard PROVIDED THAT:-
(i) ST or JTC shall first prove the contamination of the
Adjoining Land; and
(ii) CHARTERED shall not be liable for the contamination
of the Adjoining Land if CHARTERED had not caused or
contributed in any way to the same by its acts or
omissions.
6. CHARTERED hereby agrees that if any failure on its part to observe or
perform any of its covenants contained in this Agreement results in the
failure of ST to comply with its obligations under the Building
Agreement and such failure entitles JTC to re-enter upon and take
possession of the Property and JTC exercises such right, then this
Agreement shall forthwith terminate without ST making to CHARTERED any
compensation or allowance for the same and without prejudice to any
right of action or other remedy of ST for the recovery of any licence
fee or monies due to it from CHARTERED or in respect of any breach of
this Agreement.
7. If the Development shall have been completed to the satisfaction of ST
and JTC and the relevant government building authorities (to be
evidenced by their certificates in writing to that effect) within the
Sub-Licence Period or of such extended period (if any) as aforesaid and
if CHARTERED shall have performed and observed all the stipulations
herein on its part contained other than such as may have been waived as
aforesaid and if CHARTERED's minimum investment shall have been the sum
of $900.00 per square metre of the gross floor area on buildings and
civil works (of which at least 1% of this investment or a minimum of
$75,000.00 whichever is lower, must be on landscaping with particular
emphasis on the landscaping at the Property's boundaries facing Bukit
Timah Expressway and Woodlands Road), and a minimum investment $800.00
per square metre of the minimum gross floor area on plant and
machinery, within the Sub-Licence Period (due proof thereof to be
produced by CHARTERED to the satisfaction of ST and JTC on or before
31st August 2003) and if JTC has granted to ST a lease of the Property
and premises together with the Development for the term of thirty (30)
years from the 1st day of March 2000 at the rent and in the form
containing the reservations, exceptions covenants, conditions and
provisions set forth in the First Schedule to the Building Agreement,,
then ST shall grant and CHARTERED shall accept and execute a counter
part of one good and sufficient sub-lease of the Property and premises
to CHARTERED for the term of thirty (30) years from the 1st day of
March 2000 less one (1) day at the rent and in the form containing the
reservation exceptions covenants conditions and provisions set forth in
the Second Schedule hereto with such modifications as circumstances may
render necessary and such other covenants conditions or stipulations to
be performed by CHARTERED governing or regulating the use of the
Property as ST and JTC thinks fit with a view to preserving, the value
thereof or protecting the interests of the licensees or occupiers of
land or premises adjacent to the Property from any dangerous or
obnoxious or otherwise harmful activities which may be carried out by
CHARTERED whether or not such activities are incidental to CHARTERED's
trade PROVIDED THAT until such sub-lease is executed CHARTERED shall be
deemed to be the sub-lessee of the Property as though a sub-lease has
been executed at the same rent and subject to the covenants and
conditions contained in the Second Schedule hereto so far as the same
are applicable.
8. CHARTERED may, at any time during the Sub-Licence Period and any
extensions thereof granted under Clause 4(c) and subject to the prior
written consent and conditions of ST and JTC, terminate this Agreement
or surrender part of the Property by giving to ST three (3) months' and
one (1) day's prior notice in writing, PROVIDED ALWAYS THAT such
- 14 -
termination or surrender shall be without prejudice to any right or
remedy which may have or will accrue to ST prior to the expiry of the
three (3) months' and one (1) day's notice AND PROVIDED FURTHER THAT
CHARTERED shall in addition to the licence fee (which at the discretion
of ST may be apportioned for the period commencing from the
Commencement Date up to the date of delivery of vacant possession of
the Property or part thereof to ST) survey fees, property tax and other
charges specified herein forthwith pay to ST as liquidated damages a
sum made up of firstly an amount equivalent to three (3) months'
licence fee, secondly an amount equivalent to one (1) additional year's
property tax and thirdly an amount of $500.00 being administrative
costs or such other sum as may be determined from time to time by ST
and JTC, AND PROVIDED FURTHER THAT before the delivery of vacant
possession as aforesaid if ST and/or JTC shall so desire CHARTERED
shall at the cost and expense of CHARTERED properly demolish and remove
such building, structure, fixture, fitting or thing as may be
stipulated in writing by ST and/or JTC as well as properly render the
Property or part thereof as the case may be to its original state and
condition and licence fee and property tax shall continue to be payable
until the same has been completed to the satisfaction of JTC and ST
PROVIDED ALSO THAT CHARTERED shall, without prejudice to Clause 3(viii)
and 3(xxxiv), ensure that the Property and any other remaining land
occupied by CHARTERED within Woodlands Industrial Park D comply with
the setback requirements and other planning requirements and do not
exceed the average maximum gross plot ratio of 1.4 after the
termination or surrender.
9. ST hereby covenants that:-
(i) it has obtained the written consent of JTC to the sub-licence
and sub-lease herein;
(ii) ST shall pay the rent and all other monies and shall perform
the lessee's covenants and conditions contained in the Head
Lease (save for such covenants as shall be performed by
CHARTERED pursuant to the provisions of Clause 3(xxxix)
hereof);
(iii) ST shall take all reasonable steps to obtain the consent of
JTC whenever CHARTERED makes any request in connection with
the Property that requires the approval of JTC under this
Agreement or the Building Agreement;
(iv) Upon notice from CHARTERED, ST will take all reasonable steps
to enforce promptly the obligations undertaken by JTC in the
Head Lease.
10. All notices, demands or other communications required or permitted to
be given or made hereunder shall be in writing and delivered personally
or sent by prepaid post with recorded delivery or facsimile addressed
to the intended recipient thereof at its address set out below or at
its last known address or at its facsimile number set out below (or to
such other address or facsimile number as any party may from time to
time duly notify in writing to the other) and marked to the attention
of the person named below in respect of the intended recipient. Any
such notice, demand or communication shall be deemed to have been duly
served (if given or made by facsimile) immediately or (if given or made
by letter) 24 hours after posting and in proving the same it shall be
sufficient to show that the envelope containing the same was duly
addressed, stamped and posted. The initial addresses and facsimile
numbers of the parties for the purposes of this Agreement are:-
ST : SINGAPORE TECHNOLOGIES PTE LTD
00 Xxxxxxx Xxxx #00-00
Xxxxxxxxx 000000
Attention: Director,
Corporate Services
Facsimile No: 836-1198
CHARTERED : CHARTERED SEMICONDUCTOR MANUFACTURING LTD
00 Xxxxxxxxx Xxxxxxxxxx Xxxx X Xxxxxx 0
Xxxxxxxxx 000000
Attention: Vice President,
Facilities
Facsimile No: 360-3812
- 15 -
10. The illegality, invalidity or unenforceability of any provision of this
Agreement under the law of any jurisdiction shall not affect its
legality, validity or enforceability under the law of any other
jurisdiction nor the legality, validity or enforceability of any other
provision.
11. (a) This Agreement shall be construed and governed by the laws of
Singapore.
(b) Nothing shall affect the right to serve process in any manner
permitted by law.
THE FIRST SCHEDULE ABOVE REFERRED TO
All that piece of land known as Xxxxxxx Xxx X00000(x) forming
part of the Government Survey Xxx 0000X, Xxxxx Xx. 00,
Xxxxxxxxx and situated in the Republic of Singapore as shown
on the plan annexed to the Building Agreement and estimated to
contain an area of 42,165 square metres more or less subject
to survey.
THE SECOND SCHEDULE ABOVE REFERRED TO
---------------------------------
L 1 Ver 1
---------------------------------
THE LAND TITLES ACT
---------------------------------
---------------------------------
(For Official use only)
SUB-LEASE
(A) DESCRIPTION OF LAND
-------------------------------------------------------------------------------------------------------------------
CT/SSCT/SCT Mukim Town Lot No. Property Address
Subdivision Whole or part (if part lot, to state
appd new lot/strata lot)
----------------------------
Volume Folio
-------------------------------------------------------------------------------------------------------------------
13 Whole
(Private Lot A12787(e))
(the "demised premises")
-------------------------------------------------------------------------------------------------------------------
(B) LESSOR:
-------------------------------------------------------------------------------------------------------------------
ID/CO REGISTRATION NO. 199004768N
-------------------------------------------------------------------------------------------------------------------
NAME: SINGAPORE TECHNOLOGIES PTE LTD (the "Lessor")
-------------------------------------------------------------------------------------------------------------------
ADDRESS: 00 Xxxxxxx Xxxx #00-00
(xxxxxx Xxxxxxxxx for
service of Notice) Xxxxxxxxx 000000
-------------------------------------------------------------------------------------------------------------------
(the registered proprietor of a leasehold estate for the term of thirty
(30) years commencing from the 1st day of March 2000) HEREBY LEASES the
registered estate or interest of the Lessor in the land above described
to:-
(C) LESSEE:
-------------------------------------------------------------------------------------------------------------------
ID/CO REGISTRATION NO. 198703584K
-------------------------------------------------------------------------------------------------------------------
NAME: CHARTERED SEMICONDUCTOR MANUFACTURING LTD (the "Lessee")
-------------------------------------------------------------------------------------------------------------------
PLACE OF INCORPORATION Singapore
-------------------------------------------------------------------------------------------------------------------
ADDRESS: 00 Xxxxxxxxx Xxxxxxxxxx Xxxx X Xxxxxx 2
(within Singapore for
service xx Xxxxxx) Xxxxxxxxx 000000
-------------------------------------------------------------------------------------------------------------------
- 17 -
FOR TERM OF LEASE
Term of Lease: Thirty (30) years less one (1) day
Commencement Date: 1st day of March 2000 (hereinafter referred to as
"the Commencement Date")
Consideration: The average fixed investment by the Lessee on
building and civil works exceeding $900/- per square
metre of the actual gross floor area and on plant and
machinery exceeding $800/- per square metre of the
minimum gross floor area (hereinafter referred to as
"the fixed investment criteria") and the average
gross plot ratio of not less than 0.6 and not more
than 1.4 for Xxxxxxx Xxxx X00000, X00000(x),
A12787(b), A12787(d), A12787(e) and any other land
that may be occupied by the Lessee within Woodlands
Industrial Park D taken together.
Annual Rent: As stipulated in Clause 1(a) of the Special Covenants
and Conditions hereinafter appearing.
Easement & Reservation: TOGETHER WITH the benefit of the rights granted to
the Lessor and SUBJECT TO the rights reserved to
Jurong Town Corporation ("JTC") mentioned in the
Lease dated the [ ] day of [ ] made between JTC and
the Lessor (the "Head Lease" which expression shall
include the provisions of the Memorandum of Lease
filed in the Registry of Titles and registered as No.
ML I/30809F and the First Variation of Memorandum of
Lease VML I/076384J as well as all variations thereof
and supplementals thereto).
SUBJECT TO:-
(D) PRIOR ENCUMBRANCES (TO STATE 'NIL' IF THERE ARE NONE):
----------------------------------------------------------------------
Nil
----------------------------------------------------------------------
AND the following:-
(E) COVENANTS AND CONDITIONS
The Lessee hereby covenants to perform and observe the covenants,
conditions and powers implied by law in instruments of lease (or to
such of them as are not hereinafter expressly negative or modified);
(F) SPECIAL COVENANTS AND CONDITIONS
1. The Lessee hereby covenants as follows:-
(a) To pay from the 1st day of March 2001 the yearly rent
of Dollars One Million Three Hundred and Eighty-three
Thousand and Twelve only ($1,383,012/-) by equal
quarterly instalments on the 1st day of each of the
months of January, April, July and October in every
year of the said term without any deduction and in
advance without demand at the office of the Lessor or
at such other office as the Lessor may designate
calculated at the rate of $32.80 per square metre per
annum (hereinafter referred to as "the Initial Rent")
of the demised premises having an area of 42,165
square metres (hereinafter referred to as "the
preliminary survey area", which may at any time be
adjusted on completion of final survey if any, and in
which event if the area adjusted exceeds five square
metres more, or less, than
- 18 -
the preliminary survey area the rental paid or payable by the
Lessee shall accordingly also be adjusted and be paid and
payable or refunded as the case may be in respect of the full
difference between the preliminary survey area and the final
survey area, with retrospective effect from the commencement
of the said term of the sub-lease herein), which the rate
shall be subject to revision on the 1st day of March 2001 at
the rate based on the market rent on the date of such revision
determined in the manner following but so that the increase
shall not exceed 4.0% of the Initial Rent. The yearly rent so
revised on the 1st day of March 2001 shall be subject to
revision on the 1st day of March of every year thereafter at
the rate based on the market rent on the respective dates
determined in the manner following but so that the increase
shall not exceed 4.0% of the annual rent for each immediately
preceding year. The market rent in this context shall mean the
rent per square metre per annum of the demised premises
excluding the buildings and other structures erected thereon
and shall be determined by the Lessor and JTC on or about the
dates mentioned (and payable retrospectively with effect from
the dates mentioned if determined after the dates mentioned)
and the decision of the Lessor and JTC shall be final.
(b) (i) To observe and be bound by the provisions in the Head
Lease and perform all the covenants and conditions on
the part of the tenant contained in the Head Lease
insofar as they relate to the Property;
(ii) Not to do omit suffer or permit in relation to the
Property any act or thing which would or might cause
the Lessor to be in breach of the Head Lease or which
if done omitted or suffered or permitted by the
Lessor would or might constitute a breach of the
covenants on the part of the tenant and the
conditions contained in the Head Lease; and
(iii) To keep the Lessor indemnified against any actions,
proceedings, claims, damages, costs, expenses, losses
or liability incurred by the Lessor arising from any
breach, non-observance, or non-performance by the
Lessee of the aforesaid covenants and conditions in
the Head Lease.
(c) To pay the rents hereinbefore reserved on the days and in the
manner set out above, without any deductions, set-off or
counterclaim.
(d) As often as any building or structure on the demised premises
or any part thereof shall be destroyed or damaged as aforesaid
forthwith to give to the Lessor written notice of such
destruction or damage and forthwith to cause all monies
received by virtue of such insurance to be laid out in
rebuilding and reinstating the same to the satisfaction of the
Lessor and JTC and in accordance with the plans and
specifications approved by the Lessor and JTC and in
accordance with the laws, bye-laws regulations and planning
schemes of every relevant governmental and statutory authority
prevailing at the time, and in case the monies so received
shall be insufficient for that purpose then to make up the
deficiency out of its own monies PROVIDED THAT the rebuilding
and reinstatement shall in any event commence and be completed
within the period specified by the Lessor and JTC PROVIDED
FURTHER THAT notwithstanding the covenant contained in this
Clause, the Lessee may exercise the option not to rebuild or
reinstate the buildings subject to the following conditions:
(i) the Lessee shall give to the Lessor three (3) months'
and one (1) day's notice in writing to prematurely
terminate the term of the sub-lease herein created
but without prejudice to and any right or remedy
which may have or will accrue to the Lessor prior to
the expiry of the three (3) months' and one (1) day's
notice under the terms and conditions of the
sub-lease herein; and
(ii) the Lessee shall forthwith pay or cause to be paid to
the Lessor or to JTC if so directed by the Lessor,
all monies received by virtue of such insurance.
- 19 -
(e) The rent and other taxable sums payable by the Lessee under or
in connection with the lease herein shall be exclusive of the
goods and services tax (hereinafter called "tax") chargeable
by any government, statutory or tax authority calculated by
reference to the amount of the rent and any other taxable sums
received or receivable by the Lessor from the Lessee and which
tax is payable by the Lessee. The Lessee shall pay the tax and
the Lessor acting as the collecting agent for the government,
statutory or tax authority shall collect the tax from the
Lessee together with the rent hereinbefore reserved without
any deduction and in advance without demand on the first day
of each of the months of January, April, July and October, and
in the manner and within the period prescribed in accordance
with the applicable laws and regulations.
(f) (i) Not to demise, assign, charge, create a trust or
agency, mortgage, let, sublet, grant a licence or
part with or share the possession or occupation of
the demised premises in the whole or in part
(hereinafter referred to as "the Prohibition") within
five years of obtaining all the necessary Temporary
Occupation Permits issued by the relevant
governmental and statutory authorities for the
buildings and structures at the demised premises
(hereinafter referred to as "the Prohibition Period")
EXCEPT THAT the Lessee may mortgage or sublet the
demised premises with the Lessor's and JTC's prior
written consent.
(ii) After the Prohibition Period, not to demise, assign,
charge, create a trust or agency, mortgage, let,
sublet, grant a licence or part with or share the
possession or occupation of the demised premises in
whole or in part without the Lessor's and JTC's prior
written consent (hereinafter referred to as "the
Restriction").
(iii) Notwithstanding Clauses 1(f)(i) and 1(f)(ii), the
Lessor and JTC in granting any consent relating to
the Prohibition, the Restriction or otherwise, may in
its absolute discretion, impose terms and conditions
including but not limited to requiring:-
(iii.1) the Lessee to take all necessary steps to
ensure that all the land the Lessee retains
taken together comply with all setback and
planning requirements and maintain a gross
plot ratio of not less 0.6 but not more than
1.4;
(iii.2) the assignee to take all necessary steps to
ensure that the demised premises comply with
all setback and planning requirements and
maintain a gross plot ratio of not less than
0.6 but not more than 1.4;
(iii.3) the fixed investment criteria to be met and
due proof thereof be shown within such
period of time as the Lessor and/or JTC may
stipulate;
(iii.4) an assignee to be subject to the Prohibition
for a period of three (3) years from the
date of the assignment EXCEPT THAT the
assignee may mortgage or sublet the demised
premises with the Lessor's and JTC's prior
written consent; and
(iii.5) the payment of monies, fee or deposit.
The restrictions in section 17 of the Conveyancing
and Law of Property Act (Chapter 61) shall not apply.
(iv) In the event of non-observance of the terms and
conditions imposed in accordance with Clause
1(f)(iii), the Lessor shall, without prejudice to any
other right or remedy the Lessor may have, be
entitled to exercise its rights under Clause 3(c).
(g) Without prejudice to the provisions in Clause 1(vii) of ML
I/30809F, at the termination of the term hereby created, by
expiry or otherwise, (herein referred to as "the said Event")
at the Lessee's own cost:
- 20 -
(i) to remove all fixtures and fittings, or any part
thereof as may be required by the Lessor;
(ii) to engage a reputable independent consultant to
conduct another Environmental Baseline Study
(hereinafter referred to as "the Subsequent Study")
to determine the level of minerals and hydrocarbons
on and beneath the demised premises and submit a
written copy of the Subsequent Study to the Lessor;
(iii) If the results of the Subsequent Study indicate that:
(iii.1) the level of minerals and hydrocarbons
present at the time of the Subsequent Study
exceeds that of the First Baseline Study, or
(iii.2) the level of minerals and hydrocarbons is
equal to or exceeds the Intervention Values
of the Dutch Standards then prevailing
(hereinafter referred to as "the Dutch
Standard");
whichever is less stringent (hereinafter referred to
as "the contamination") then the Lessee shall at its
own cost and within a reasonable time period (for
these purposes, "reasonable time period" shall mean
the length of time taken for decontamination using
the then prevailing best practical technology which
is commercially available) properly carry out all
works necessary to decontaminate the demised premises
to the state and condition existing at the time of
the First Baseline Study or to the prevailing Dutch
Standard, whichever is less stringent, and to the
satisfaction of the Lessor, JTC and the relevant
governmental and statutory authorities UNLESS the
Lessee proves to the reasonable satisfaction of the
Lessor and JTC that the contamination is caused
solely by:
- natural occurrence of minerals and hydrocarbons; or
- third parties
and is not in any way caused or contributed by the
Lessee's acts or omissions or those of its agents and
PROVIDED THAT the Lessee shall at all times, whether
prior to or after the said Event promptly notify the
Lessor and JTC in writing after the Lessee has notice
of contamination entering onto or beneath the demised
premises. Further, the parties hereto may, but shall
not be obliged to, remedy or cause to be remedied any
contamination solely caused by third parties or by
natural occurrence to the demised premises and
neither party shall hold the other liable in any way
for the same. However, the parties hereto shall at
all times comply with the requirements of the
prevailing environmental laws at their own costs;
(iv) to reinstate any damage to and yield up the demised
premises in tenantable repair (fair wear and tear
excepted) in accordance with the Lessee's covenants
herein,
(hereinafter referred to as "the decontamination and
reinstatement works") and in any event the Lessee agrees as
follows:
(v) during and for as long as the Lessee shall after the
said Event occupy and continue to occupy the demised
premises or any part thereof by itself or its agents,
servants, contractors or subcontractors or any other
permitted persons for purposes of or in connection
with any of the decontamination and reinstatement
works, the Lessee shall be and shall be deemed to be
the occupier of the demised premises and every part
thereof for purposes of liabilities arising or which
may arise under or by virtue of occupiers' liability
and the Lessee shall indemnify the Lessor in relation
to all such liabilities;
- 21 -
(vi) if the Lessee shall for any reason fail to carry out
the decontamination and reinstatement works or to
observe or perform his obligations under and in
accordance with this Clause 1(g) or any part thereof
the Lessor may, without prejudice to any other right
or remedy the Lessor may have, appoint or cause to be
appointed a reputable independent consultant to carry
out the Subsequent Study and/or carry out or cause to
be carried out the decontamination and reinstatement
works or such part thereof as the Lessor and JTC may
deem fit, and all costs and expenses incurred thereby
shall be recoverable by the Lessor and JTC from the
Lessee as a debt;
(vii) the Lessor shall also be entitled to recover from the
Lessee and the Lessee shall pay all rents, tax,
property tax and other amounts which the Lessor would
have been entitled to receive from the Lessee had the
period within which the decontamination and
reinstatement works are effected by the Lessee, JTC
or the Lessor been added to the term of lease hereby
created.
(viii) the Lessee shall not cause or suffer to be caused or
permit entry from the demised premises onto or
beneath any adjoining or neighbouring premises ("xxx
Xxxxxxxxx Xxxx") any minerals or hydrocarbons to a
level which is in contravention of the prevailing
environmental laws, or, in the absence of such laws,
the prevailing Dutch Standard. If the Lessee fails to
comply with this clause, the Lessee shall properly
carry out all works necessary to decontaminate the
Adjoining Land to the state and condition in
compliance with such prevailing laws or Dutch
Standard PROVIDED THAT:-
(viii.1) the Lessor shall first prove the
contamination of the Adjoining Land; and
(viii.2) the Lessee shall not be liable for the
contamination of the Adjoining Land if the
Lessee had not caused or contributed in any
way to the same by its acts or omission.
(h) (i) To commence full operations within six (6) months of
obtaining all the necessary Temporary Occupation
Permits for the buildings and structures at the
demised premises for the purpose of WAFER FABRICATION
AND ITS ANCILLARY ACTIVITIES ONLY (hereinafter
referred to as "the Authorised Use") and for no other
purpose whatsoever.
(ii) Thereafter, to maintain full and continuous
operations and use and occupy the whole of the
demised premises for the Authorised Use only and for
no other purpose whatsoever except with the prior
written consent of the Lessor and JTC. In giving its
consent, the Lessor and JTC may in their respective
absolute discretion require, inter alia, the Lessee
to meet the fixed investment criteria and to show due
proof thereof within such period of time as the
Lessor and/or JTC may stipulate, and in the event of
the non-observance thereof, the Lessor shall be
entitled to exercise its rights under Clause 3(c) of
VML I/076384J. For the avoidance of any doubt, the
words "meet" in this clause and "met" in Clause 1(f)
herein shall include the maintenance of the fixed
investment criteria and if it has not been
maintained, then that it be met.
(i) Without prejudice to Clause 1(viii) of ML I/30809F, to ensure
that the gross plot ratio shall not be less than 0.6 but not
exceeding the existing maximum gross plot ration of 1.4
permitted for the demised premises except with the prior
written approval of the Lessor, JTC and the relevant
governmental and statutory authorities PROVIDED ALWAYS THAT
and without prejudice to Clause 1(viii) of ML I/30809F, the
Lessee shall bear such proportion (as may be mutually agreed
upon between the Lessor and the Lessee) of the development
charges/differential premium which may be imposed on or
charged to the Lessor and/or JTC by the relevant governmental
and statutory authorities, and any other charges which may be
imposed in connection with any increase in the said average
gross plot ratio beyond 1.4
- 22 -
(j) The Lessee accepts the demised premises in its existing state
and condition and further accepts and confirms that neither
JTC nor the Lessor has made representation or given any
assurance as to the present or future suitability of the
demised premises or its surrounding or adjacent lands in
relation to the Lessee's use, operations or occupation at the
demised premises.
(k) Without prejudice to the generality of Clause 1(vii) of ML
I/30809F, the Lessee shall not place, construct or erect or
permit the placing, construction or erection of any building,
structure or equipment whatsoever on any buffers, sewer
easements or other underground services (if any) within the
boundary of the demised premises and shall comply with the
requirements of the relevant governmental and statutory
authorities including the Urban Redevelopment Authority and
the Building Control Division of the Ministry of National
Development.
(l) The Lessee shall not at any time hold the Lessor and/or JTC
liable for any claim, demand, action, proceeding,
inconvenience, loss, damages, costs or expenses of whatsoever
kind or description which the Lessee or any other person may
suffer in connection with or arising from the Easement
referred to in VML I/076384J or any works carried out in
relation thereto.
(m) If the Registrar of Titles issues in favour of the Lessee a
Certificate of Title for the leasehold estate comprised in the
sub-lease hereby created, the Lessee must, within 2 weeks of
receipt of the said Certificate of Title submit a copy of it
to the Lessor.
(n) If the term of sub-lease hereby created shall at any time be
determined by expiry or otherwise, the Lessee must at his own
cost and expense immediately surrender or cause to be
surrendered the said Certificate of Title for the leasehold
estate (and any duplicate instrument) to the Registrar of
Titles for custody and cancellation by the Registrar and the
Lessee shall simultaneously give to the Lessor written notice
of such surrender.
(o) To plant and maintain trees and landscape the demised premises
in accordance with all the requirements of the National Parks
Board and any other relevant governmental and statutory
authority.
(p) To pay all legal fees (including the Lessor's solicitors'
charges on a solicitor and client basis) stamp duty and all
other disbursements and out of pocket expenses incurred in the
preparation and completion of this sub-lease and in connection
with any assignment sub-letting surrender or other termination
thereof otherwise than by effluxion of time or with any claim
or legal proceedings which may be brought by the Lessor
against the Lessee in the event of a breach by the Lessee in
connection with this sub-lease.
(q) At the Lessee's own cost, at all times to comply with and
observe any height restriction(s) on buildings and structures
at the demised premises as imposed by any governmental or
statutory authority and to ensure that any height restriction
plan(s) which may be furnished to the Lessee shall at all
times be held in strict confidence and shall not be shown,
revealed or copied to or by any person, contractor,
sub-contractor, watchman, employee, agent, representative or
any other person except with the prior written consent of the
Lessor.
(r) To ensure that the building, boundary walls, landscaping works
fronting the Bukit Timah Expressway are aesthetically designed
to the Lessor's and JTC's satisfaction.
(s) Without prejudice to the generality of clause 1(xxvii) in ML
I/30809F the Lessee shall not at any time use the car park in
front of the demised premises for storing or stacking of any
goods materials, equipment or container.
(t) To allow the Lessor, JTC and their respective workmen, agents,
contractors, sub-contractors
- 23 -
and authorised lessees, tenants and licensees and their
workmen and contractors a right to enter and work upon the
demised premises free of charge for the purpose of connecting
sewer pipelines, if required, within the boundary of the
demised premises at any time during the term of the sub-lease
herein PROVIDED ALWAYS THAT the Lessee shall not at any time
hold the Lessor liable for any claim, demand, action,
proceeding, inconvenience, loss, damage, costs or expenses of
whatsoever kind or description which the Lessee or any other
person may suffer in connection therewith including such
entry, works or pipeline or in other way connected with the
easement referred to above.
(u) Without prejudice to clause 1(h) above and clause 1(xix) of ML
I/30809F:
(a) to ensure that the use of the demised premises
complies with the Master Plan zoning; and
(b) if the Lessee requires a change in the Master plan
zoning:
(b.1) to obtain the prior written approval of the
Lessor, JTC and the relevant governmental
and statutory authorities; and
(b.2) if such approval is obtained, to bear all
charges which may be imposed on or charged
to the Lessor and JTC by the relevant
governmental and statutory authorities, and
any other costs that arise in connection
with the change in the Master Plan zoning.
(v) The Lessor's and JTC's endorsement on plans shall be null and
void should there be any subsequent amendment thereon without
the Lessor's and JTC's prior written consent respectively even
though written permission from Urban Redevelopment Authority
has been obtained.
2. The Lessor hereby covenants as follows:-
(a) That the Lessee paying the rents hereby reserved and
performing and observing the several covenants herein
contained and on the Lessee's part to be performed and
observed shall peaceably hold and enjoy the demised premises
without any interruption from the Lessor or any person
rightfully claiming under or in trust for it;
(b) The Lessor shall pay the rent and all other monies and shall
perform the lessee's covenants and conditions contained in the
Head Lease (save for such covenants as shall be performed by
the Lessee pursuant to the provisions of Clause 1(b) hereof);
(c) The Lessor shall take all reasonable steps to obtain the
consent of JTC whenever the Lessee makes any request in
connection with the demised premises that requires the
approval of JTC under this Sub-Lease or the Head Lease;
(d) Upon notice from the Lessee, the Lessor will take all
reasonable steps to enforce promptly the obligations
undertaken by JTC in the Head Lease.
3(1). The Lessor hereby further covenants with the Lessee that the Lessor
shall grant to the Lessee a lease of the demised premises for a further
term of thirty (30) years less one (1) day (hereinafter referred to as
"the further term") commencing from the second day following the date
of expiry of the term hereby created PROVIDED THAT:-
(i) at the time due proof of the fixed investment criteria is
produced and at the expiry of the term hereby created, there
by no existing breach or non-observance of any of the
covenants and conditions herein contained on the part of the
Lessee to be observed or performed;
(ii) if required by the Lessor and/or, the Lessee shall within four
(4) months from the
- 24 -
commencement of the further term and at its own cost and
expense, carry out and complete such improvements to the
landscaping at the demised premises as may be stipulated in
writing by the Lessor and/or JTC;
(iii) the Lessee shall six (6) months before the expiry of the said
term submit, for the approval of the Lessor, JTC and the
relevant governmental and statutory authorities, plans for the
upgrading of the exterior of buildings on the demised premises
to the same highest quality of new buildings which JTC will be
building at that time, and the Lessee shall expeditiously do
all acts and things necessary to obtain the approval, all at
the cost and expense of the Lessee;
(iv) the Lessee shall at its own cost and expense complete, within
eighteen (18) months from the commencement of the further
term, the upgrading of the buildings in accordance with the
plans approved by the Lessor and JTC and the relevant
governmental and statutory authorities and to the satisfaction
of the Lessor and JTC;
(v) the Head Lease shall have been renewed by JTC in accordance
with the terms and conditions contained therein;
(vi) the other terms and conditions that shall apply to the renewed
sub-lease shall be substantially similar to the terms and
conditions that shall apply to the renewed Head Lease save
that the present covenant for renewal shall not apply;
(v) there shall be a minimum investment by the Lessee of $900.00
per square metre of the gross building floor area on buildings
and civil works (of which at least 1% of a minimum or
$75,000.00 whichever is lower must be on landscaping) and
$800.00 per square metre of the minimum gross floor area of
the demised premises on plant and machinery, (in this
sub-lease also referred to as the "fixed investment criteria")
within three (3) years from the 1st day of March 2000 and due
proof of such investment is produced to the satisfaction of
the Lessor and JTC on or before the 31st day of December 2000;
and
(vi) the rental payable for the further term shall be as set out
hereunder:
(a) the yearly rent for the further term shall be at the
rate based on the market rent at the commencement of
the further term (hereinafter referred to as "the
Second Initial Rent");
(b) the Second Initial Rent shall be revised on the 1st
day of March 2031 and on the 1st day of March of
every year thereafter at the rate based on the market
rent on the respective dates determined in the manner
following but so that the increase shall not exceed
4.0% of the annual rent for each immediately
preceding year;
(c) the yearly rent for the further term shall be payable
by equal quarterly instalments without any deductions
and in advance without demand on the 1st day of each
of the months of January, April, July and October in
every year of the further term at the office of the
Lessor or at such other office as the Lessor may
designate the 1st of such payments to be made on or
before the commencement of the further term; and
(d) for the purposes of (a) and (b) above, the market
rent shall mean the rent per square metre per annum
of the demised premises excluding the buildings and
other structures erected thereon and shall be
determined by the Lessor and JTC on or about the
dates mentioned (and payable retrospectively with
effect from the dates mentioned if determined after
the dates mentioned) and the decision of the Lessor
and JTC shall be final.
(2) If the further term is granted in accordance with Clause 3(1) above,
the Lessee shall be permitted to remain on the premises on the day
following the expiry of the term created by this sub-lease as a
- 25 -
licensee, free of payment.
4. PROVIDED ALWAYS and it is hereby agreed between the parties as
follows:-
(a) No estate or interest in the soil of the road and footpath
adjacent to the demised premises is or shall be deemed to be
included in the demise hereinbefore contained.
(b) The Lessee shall not be entitled to any right of access of
light or air to the demised premises or any part thereof,
which would restrict or interfere with the user of any
adjoining or neighbouring land for building or any other
purpose.
(c) If the said rent hereby reserved or any other sums due under
this sub-lease or any part thereof shall be unpaid for
fourteen days after becoming payable (whether the same shall
have been formally demanded or not) or if any of the covenants
or obligations on the part of the Lessee herein contained
shall not be performed or observed or if any charging order
writ of seizure and sale or its equivalent made in respect of
the demised premises shall be enforced by sale or by entry
into possession without the written consent of the Lessor and
JTC having first been obtained (Section 17 of the Conveyancing
and Law of Property Act shall also not apply in such event) by
the Lessee or by the person in whose favour the charging order
writ of seizure and sale or its equivalent shall have been
made, then and in any such case it shall be lawful for the
Lessor or any person or persons authorised by it in that
behalf at any part thereafter to re-enter upon the demised
premises or any part thereof in the name of the whole and
thereupon the term hereby created shall absolutely determine
but without prejudice to any right of action or remedy of the
Lessor in respect of any breach of any of the covenants or
conditions by the Lessee herein contained PROVIDED THAT if the
demised premises have been assigned by way of mortgage the
provisions of this Clause shall not take effect until the
Lessor has served upon the mortgagee a notice in writing that
such breach has occurred and the mortgagee has failed to
remedy such breach.
(d) If any failure on the Lessee's part to observe or perform any
of its covenants contained in this sub-lease results in the
Lessor failing to comply with its obligations under the Head
Lease and such failure entitles JTC to re-enter upon and take
possession of the demised premises and JTC exercises such
right, then this sub-lease shall forthwith terminate without
the Lessor making to the Lessee any compensation or allowance
for the same and without prejudice to any right of action or
other remedy of the Lessor for the recovery of any rents or
other monies due to it from the Lessee or in respect of any
breach of this sub-lease.
(e) The Lessee may at any time prematurely terminate the term of
lease herein created by giving to the Lessor three (3) months'
and one (1) day's prior notice in writing, but without
prejudice to any right or remedy which may have or will accrue
to the Lessor prior to the expiry of the three (1) months' and
one (1) day's notice under the terms and conditions of the
sub-lease herein created or in respect of the termination.
5. (a) All notices, demands or other communications required or
permitted to be given or made hereunder shall be in writing
and delivered personally or sent by prepaid post with recorded
delivery or facsimile addressed to the intended recipient
thereof at its address set out below or at its last known
address or at its facsimile number set out below (or to such
other address or facsimile number as any party may from time
to time duly notify in writing to the other) and marked to the
attention of the person named below in respect of the intended
recipient. Any such notice, demand or communication shall be
deemed to have been duly served (if given or made by
facsimile) immediately or (if given or made by letter) 24
hours after posting and in proving the same it shall be
sufficient to show that the envelope containing the same was
duly addressed, stamped and posted. The initial addresses and
facsimile numbers of the parties for the purposes of this
sub-lease are:-
- 26 -
Lessor: SINGAPORE TECHNOLOGIES PTE LTD
00 Xxxxxxx Xxxx #00-00
Xxxxxxxxx 229 469
Attention: Director,
Corporate Services
Facsimile No: 836 1198
Lessee: CHARTERED SEMICONDUCTOR MANUFACTURING LTD
00 Xxxxxxxxx Xxxxxxxxxx Xxxx X Xxxxxx 0
Xxxxxxxxx 000000
Attention: Vice President,
Facilities
Facsimile No: 360 3812
6. The illegality, invalidity or unenforceability of any provision of this
sub-lease under the law of any jurisdiction shall not affect its
legality, validity or enforceability under the law of any other
jurisdiction nor the legality, validity or enforceability of any other
provision.
7. (a) This sub-lease shall be construed and governed by the laws of
Singapore.
(c) Nothing shall affect the right to serve process in any manner
permitted by law.
8. In this sub-lease where the context so requires or permits, words
importing the singular number or the masculine gender include the
plural number or the feminine gender and words importing persons
include corporation and vice versa, the expression "the Lessor" shall
include its successors-in-title and permitted assigns (if any), where
there are two or more persons included in the expression "the Lessee"
covenants expressed to be made by "the Lessee" shall be deemed to be
made by such persons jointly and severally, and except where otherwise
provided the expression "the demised premises" shall mean the land
hereby demised and all buildings, structures, fixtures and fittings
therein.
(G) DATE OF LEASE:
---------------------------
- 27 -
(H) EXECUTION BY LESSOR
The Common Seal of SINGAPORE )
TECHNOLOGIES PTE LTD was hereunto )
affixed in the presence of:- )
Director
Director/Secretary
(I) EXECUTION BY LESSEE
The Common Seal of )
CHARTERED SEMICONDUCTOR )
MANUFACTURING LTD was hereunto )
affixed in the presence of:- )
Director
Director/Secretary
- 28 -
(J) CERTIFICATE PURSUANT TO THE RESIDENTIAL PROPERTY ACT AND THE LAND
TITLES RULES AND PRACTICE CIRCULARS:
I, the solicitor for the Lessee hereby certify that the place of
Incorporation and registration number allocated by the Registry of
Companies to the Lessee as abovementioned specified in the within
instrument have been verified from the Certificate of Incorporation
produced and shown to me, and are found to be correct.
Dated this day of 200
--------------------------------------------
NAME & SIGNATURE OF SOLICITOR FOR THE LESSEE
I, the Solicitor for the Lessee hereby certify that the within land is
a non-residential Property as declared in the Residential Property
Notification 1988. The land is zoned as and
the approved specific use of the Property is for use.
Dated this day of 200
--------------------------------------------
NAME & SIGNATURE OF SOLICITOR FOR THE LESSEE
FOR THE LESSEE
(K) SIMILAR INTEREST CONFIRMATION (IF ANY)
I, the solicitor for the Lessee hereby
confirms that the interest of the Lessee is similar to that in Caveat
CV/
--------------------------------------------
NAME & SIGNATURE OF SOLICITOR FOR THE LESSEE
(L) CERTIFICATE OF CORRECTNESS:
- 29 -
I, the Solicitor for the Lessor hereby certify that this instrument is
correct for the purposes of the Land Titles Act.
--------------------------------------------
NAME & SIGNATURE OF SOLICITOR FOR THE LESSOR
I, the Solicitor for the Lessee hereby certify that this instrument is
correct for the purposes of the Land Titles Act.
--------------------------------------------
NAME & SIGNATURE OF SOLICITOR FOR THE LESSEE
- 30 -
We, JURONG TOWN CORPORATION, hereby consent to the within sub-lease.
The Common Seal of JURONG TOWN )
CORPORATION was hereunto affixed )
in the presence of:- )
-----------------------------
General Manager
-----------------------------
Secretary
FOR OFFICE USE ONLY
-------------------------------------------------------------------------------
EXAMINED REGISTERED ON
Initials of
Date Signing Officer: Registrar of Titles
-------------------------------------------------------------------------------
- 32 -
IN WITNESS WHEREOF the parties hereto have hereunto SET their
respective hands or seals the day and year first above written.
SIGNED on behalf of SINGAPORE )
TECHNOLOGIES PTE LTD )
by ) /s/ Xx Xxxxx
in the presence of:- ) /s/ Chua Xx Xx (Mrs)
SIGNED on behalf of CHARTERED )
SEMICONDUCTOR MANUFACTURING LTD )
by ) /s/ Xxx Xxxx Xxxxx
in the presence of:- ) /s/ Xxxxx Xxx