Exhibit 4(xx)
I, Xxxxxx Xxxx, certify that set forth below is a fair and accurate English
translation of the required document included as an exhibit to this
Registration Statement.
BY: /s/ XXXXXX XXXX
-----------------------
Title: CFO/Director
Dated: May 31, 2002
Plant Building Lease Agreement
Date: 5 October 2001
Parties:
ASE (Xxxxx-Xx) Inc. ("Party A")
ASE Test Inc. ("Party B")
Whereas, Party A desires to lease its Plant Building, at the 5th floor, Xx.
000-0, Xxx.0, Xxxxx-xxx Xx., Xx-xxx Xx, Xxxxx-Xx Xxxx, Xxx-Yuan County to Party
B under the following agreement.
1. The Premises and Rent
(1) Premises: The Plant Building is located at 5th floor, Xx. 000-0,
Xxx.0, Xxxxx-xxx Xx., Xx-xxx Xx, Xxxxx-Xx Xxxx, Xxx-Yuan County
(building register No. 00225-005 and land register No.: 1833-0000,
Fu-hsin Section, Xxxxx-Xx City), for the area of 4,574.82 square
meters, inclusive of ancillary equipments (collectively; "Leased
Floor").
(2) Rent: NT$1,135,000 per month, excluding business taxes. Both parties
agree that the rent will be paid according to the actual area used.
2. Term of Lease: one year from 1 November 2001 to 31 October 2002.
3. Usage: It is for Party B to establish its Xxxxx-Xx Plant Building and for
the uses within its registered business scope. The Party B's Xxxxx-Xx
Plant Building will be applied to be registered to the customs as a bonded
factory.
4. The lease shall be for the Leased Floor and existing equipment as they
are. Party B shall be responsible for the maintenance of the building and
the equipment except for the building structure (including inner and outer
walls, floor and the original water and electricity pipelines), which
shall be Party A's responsibilities. Party B shall make good of any damage
to the above and Party A shall bear no responsibilities thereof.
5. Both parties agree that the rent shall be paid starting from the effective
date of this Agreement.
6. Party B shall be the owner of any equipment that Party B subsequently
installs into the premises. After expiry of the lease term, Party B shall
remove its belongings and return the Leased Floor, under the then current
condition, to Party A. The ancillary pipelines to Party B's production
facilities shall also be taken away and restored. Party B, during the term
of this Agreement, may not engage in any construction altering the
structure of the Leased Floor unless otherwise agreed by Party A.
7. During the term of this Agreement, the rent and fees for water and
electricity utilities shall first be paid by Party A. Party B shall
reimburse Party A for such payment pursuant to the consumption volume of
electricity according to the meters separately installed for each of the
parties. For the utilities that cannot be counted by separate meters, the
amount of the reimbursement shall apply the same percentage that is used
for metered utilities. As to the expenses of other utilities that should
be jointly shared but the volume of each user cannot be decided, the
amount of the reimbursement shall be calculated by the area used by such
party or pursuant to another distribution formula mutually agreed by both
parties. The land tax and building tax shall be borne by Party A.
8. After the signing of this Agreement, in the event that it is necessary to
apply with the relevant authorities (such as the municipal government or
the electricity company) to register the change of user, Party A shall
promptly provide relevant materials as requested by Party B.
9. Party A shall issue invoices to Party B for the collection of rent on a
monthly basis and Party B shall remit the rent of the preceding month to
the corporate account designated by Party A within ten days after receipt
of invoice.
10. Party A warrants that it has the legal ownership of the
Leased Floor to be leased to Party B and Party B's leasing rights will not
be affected by the encumbrances created by Party A or any other incidents
regarding the Leased Floor. In case Party B's leasing rights are so
affected, Party A shall be liable to indemnify Party B's loss resulting
therefrom and pay additional amount equal to three times of monthly rent
under this Agreement as compensation.
11. Party A is the legal owner of the leased Leased Floor and shall procure
fire insurance policy for it. Party B shall be solely responsible to
procure fire insurance policies for its movables and equipment.
12. Party B shall pay penalties as follows for delay payment of rent:
(1) 5% of a monthly rent if delay is more than one month but less than
two months;
(2) 10% of a monthly rent if delay is more than two months but less than
three months; and
(3) 15% of a monthly rent if delay is more than three months and in which
case, Party A may terminate this Agreement.
13. Party B is entitled to a right of first refusal to lease or acquire the
Leased Floor upon reasonable terms. Party B may not terminate this
Agreement unless it gives Party A a three-month prior notice in writing
and compensates Party A for an amount equal to three times of monthly rent
under this Agreement. In the event Party A intends to early terminate this
Agreement, the abovementioned terms and conditions shall apply.
14. In the event Party A intends to terminate this Agreement within ninth
month after the lease commences, Party A shall indemnify Party B for all
construction, partitioning and fitout expenses according to their book
value, in addition to the three-month rent as stipulated above.
15. Both parties agree that in the event Party B's bonded factory status is
cancelled, the bonded goods shall continue staying in the warehouse of the
Plant Building for not less than six months for the customs' operations.
All the expenses incurred thereof shall be borne by Party B.
16. This Agreement will be executed in two counterparts and come into effect
on the date of signing. Each of Party A and Party B will hold one copy.
The Tao-Yuan District Court will be the court of first instance in the
event any dispute arises in connection with this Agreement.
Party A: ASE (Xxxxx-Xx) Inc. [Company chop]
Supervisor: Xxxx Xxx-Xxxx [Supervisor's chop]
Address: Xx. 000, Xxxxx-xxx Xx., Xxxxx-Xx Xxxx, Xxx-Xxxx Xxxxxx
Party B: ASE Test Inc. [Company chop]
Chairman: Xxxxx Xxxxx [Chairman's chop]
Address: Xx.00, Xxxx Xxxxx Xx., Xxxxxx Export Processing Zone,
Kaohsiung
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