SUPPLEMENTAL AGREEMENT NO. 2 TO THE PREMISES LEASE AGREEMENT NO. TD0196 (Translated from Chinese)
Exhibit
4.55
SUPPLEMENTAL
AGREEMENT XX. 0 XX XXX XXXXXXXX XXXXX XXXXXXXXX XX. XX0000
(Translated
from Chinese)
Landlord:
Beijing GaoLing Estate Development Co. Ltd.
Tenant:
Beijing AirInbox Information Technologies Co., Ltd.
The
Premises Lease Agreement No. TD0196 (the "Lease Agreement") between the
landlord
and the tenant shall expire on May 27, 2007. For the purposes of renewing the
tenant's lease of the whole 8th Floor of the Tengda Tower, the parties hereto
have entered into the following agreement (the "Supplemental Agreement") after
friendly negotiations:
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1.
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Effective
on May 28, 2007, Section 2 of Article I of the Lease Agreement shall
be
revised as: The term of the premises lease shall be one year and
three
months, starting from May 28, 2007 to August 27,
2008.
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2.
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Effective
on May 28, 2007, Section 3 of Article I of the Lease Agreement shall
be
revised as: The rent for the premises shall be RMB 3.20 yuan per
square
meter per day. The maintenance fee shall be RMB 1.00 yuan per square
meter
per day. The total amount for each month shall be RMB 195,048.00
yuan.
Each month shall be calculated as 30 days. The rent and maintenance
fee
shall be paid in advance on a monthly basis. The tenant shall deliver
to
the landlord the rent and maintenance fee for the next rent period
ten
days before each rent period begins (Each rent period is from the
28th day
of a month to the 27th day of the following month). The payment shall
not
be deemed as made until the landlord receives the full amount. In
the
event that the tenant fails to deliver the aforesaid payments on
time as
required by the Lease Agreement, the tenant shall pay the landlord
a late
fee of 0.02% of the total due amount per
day.
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3.
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Free
Leasing Period: 90 days commencing from August 28th 2007 to September
26th
2007 and from January 28th 2008 to March 27th 2008. During the free
leasing period, the tenant shall only pay RMB 1.00 Yuan/day/Sq.M.
as the
management fee and other related fees. If the Lease Agreement is
terminated before the expiration for any reason that is attributable
to
the tenant, the tenant shall not be entitled to the free leasing
period.
Any free leasing period that occurs after the termination date and
that
has not been enjoyed by the tenant shall no longer be effective,
and the
landlord shall not compensate the tenant. The tenant shall make up
for all
the renting fee according to the stipulated rental of the Lease Agreement
if the Lease Agreement is terminated by the tenant before the expiration
of the renting term or is terminated for any reason that is attributable
to the tenant.
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4.
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During
the lease term the landlord shall provide the tenant with three parking
places in the second underground parking area in the Tengda Building
without charging any fee. If there is any change in the term of the
Lease
Agreement, the term of free use the parking place shall be adjusted
according to such change. If the term of the Lease Agreement expires
or is
terminated before expiration, the landlord will not provide the aforesaid
free parking place and relevant services to the tenant. If the tenant
reduces the lease area, the landlord shall reduce the number of free
parking places accordingly. The free parking places will be supplied
from
the date this contract is signed.
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5.
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As
a supplement and amendment to the Lease Agreement No.TD0196 and the
supplemental agreement thereto, this Supplemental Agreement is of
equal
legal effects. Should there be any conflict between this Supplemental
Agreement and the Lease Agreement, this Supplemental Agreement shall
prevail while all other provisions of the Lease Agreement and the
supplemental agreement thereto shall remain as effective.
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6.
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This
Supplemental Agreement shall have two original copies, with each
party
hereto holding one copy. It shall become effective upon the execution
by
each party hereto.
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Landlord:
Beijing GaoLing Estate Development Co. Ltd.
Legal
Representative or Trustee: Sun Jianghai (Signature) (Corporate
Seal)
Dated:
Xxxxx 00, 0000
Xxxxxx:
Beijing AirInbox Information Technologies Co., Ltd.
Legal
Representative or Trustee: Wang Guijun (Signature) (Corporate Seal)
Dated:
March 22, 2007
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