Execution Copy
Exhibit 4.45
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L 1 Ver 1
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THE LAND TITLES ACT
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(For Official Use only)
SUB-LEASE
(A) DESCRIPTION OF LAND
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CT
------------- Mukim TS Lot No. Property Address
Vol Folio
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1) Whole Xx. 00 Xxxxxxxxx Xxxxxxxxxx
000 00 13 - 2) 3796P Xxxx X,
Xxxxxxxxx 000000
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(B) LESSOR:
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ID/CO REGISTRATION NO. 199004768N
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NAME : SINGAPORE TECHNOLOGIES PTE LTD
(the "Lessor")
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ADDRESS: 00 Xxxxxxx Xxxx
(xxxxxx Xxxxxxxxx for #00-00 Xxxxxxx Xxxxxx
xxxxxxx xx Xxxxxx) Xxxxxxxxx 000000
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(the registered proprietor of a leasehold estate for the term of thirty
(30) years commencing from the 16th day of February 1994) HEREBY LEASES the
registered estate or interest of the Lessor in the land above described
to:-
(C) LESSEE:
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ID/CO REGISTRATION NO. 198703584K
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NAME : CHARTERED SEMICONDUCTOR
MANUFACTURING LTD (the "Lessee")
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PLACE OF INCORPORATION Singapore
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ADDRESS: 00 Xxxxxxxxx Xxxxxxxxxx Xxxx X Xxxxxx 2
(within Singapore for Xxxxxxxxx 000000
service of Notice)
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FOR TERM OF LEASE
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Term of Lease: Thirty (30) years less one (1) day
Commencement Date: 16th day of February 1994 (hereinafter referred to
as "the Commencement Date")
Consideration: The average minimum investment by the Lessee on
building and civil works exceeding $1,000/- per
square metre of the gross floor area and on plant
and machinery exceeding $500/- per square metre of
the land area of Private Lots A12787, A12787(a) and
A12787(b) (hereinafter referred to as "the fixed
investment criteria") and the average gross plot
ratio of not less than 0.6.
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 September 2004 made
between JTC and the Lessor ("the Head Lease" which
expression shall include the provisions of the
Memorandum of Lease filed with the Registry of
Titles as No. ML I/30809F and the First Variation
of Memorandum of Lease VML I/076384J as well as all
variations thereof and supplemental thereto).
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SUBJECT TO :-
(D) PRIOR ENCUMBRANCES (to state 'nil' if there are none):
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Nil
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AND the following :
(E) COVENANTS AND CONDITIONS
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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 negatived or modified).
(F) SPECIAL COVENANTS AND CONDITIONS
1. The Lessee hereby covenants as follows :-
(a) To pay the yearly rent as set out below:-
(i) the yearly rent shall be paid in equal quarterly instalments
on the first day of each of the months of January, April,
July and October in every year of the said term without any
deductions and in advance without demand at the office of
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the Lessor or at such other office as the Lessor may
designate;
(ii) In respect of Xxxxxxx Xxx X00000 (as shown in attached
plan):-
(1) The yearly rent shall be based on the agreed area of
52,580 square metres (although the final survey areas
is 52,579.3 square metres);
(2) From the 16th day of February 1994 the yearly rent of
Dollars Nine hundred and forty-six thousand four
hundred and forty only (S$946,440/-) calculated at the
rate of $18/- per square metre per annum of Xxxxxxx
Xxx X00000, which rate shall be increased by 9% per
annum (compounded annually) on the 16th day of
February 1995 and on the 16th day of February of every
year thereafter.
(iii) In respect of Private Lot A12787(a) (as shown in attached
plan):-
(1) The yearly rent shall be based on the agreed area of
29,824 square metres (although the final survey areas
is 29,820.1 square metres);
(2) From the 16th day of November 1995 the yearly rent of
Dollars Five hundred and eighty-five thousand one
hundred and forty-six and cents eighty-eight only
(S$585,146.88) calculated at the rate of $19.62cts-
per square metre per annum of Private Lot A12787(a),
which rate was increased on the 16th day of February
1996 to the rate of $21.39cts per square metre per
annum of Private Lot A12787(a). The yearly rent so
increased on the 16th day of February 1996 shall be
increased by 9% per annum (compounded annually) on the
16th day of February 1997 and on the 16th day of
February of every year thereafter.
(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-
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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 four (4) months' notice
in writing to prematurely terminate the term of the
Sub-Lease herein created but without prejudice to Clause
4(f) and any right or remedy which may have or will accrue
to the Lessor prior to the expiry of the four (4) months'
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.
(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) Not to demise assign mortgage charge create a trust or agency let
sublet or underlet or grant a licence or part with or share the
possession or occupation of the demised premises in whole or in
part or otherwise in any way dispose of the demised premises
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whether in whole or in part at anytime within the period of five
(5) years from the 16th day of November 1995 (hereinafter
referred to as "the restrictive period") EXCEPT THAT and subject
to the Lessor's and JTC's prior written consent the Lessee may
mortgage or change by way of a Debenture his interest in the
demised premises. After the restrictive period the Lessee shall
not demise assign create a trust or agency mortgage charge let
sublet or underlet or grant a license or part with or share the
possession or occupation of the demised premises in whole or in
part or otherwise in any way dispose of the demised premises
whether or in part at anytime without first obtaining the consent
of the Lessor and JTC in writing PROVIDED ALWAYS THAT in the
event that any consent to assign is given, such consent shall,
without prejudice to clauses 1(i) and 1(k), at all times subject
to the Lessee and the assignee, where applicable, complying with
the setback requirements and any other planning requirements and
not exceeding the average maximum gross plot ratio of 1.4 in
respect of the demised premises and any other remaining land
occupied by the Lessor within Woodlands Industrial Park D after
the assignment. The restrictions contained in Section 17 of the
Conveyancing and Law of Property Act (Chapter 61) shall not
apply. In addition, the Lessor or JTC may in their absolute
discretion in giving the consent require, inter alia, that the
fixed investment criteria be met and due proof thereof be shown
within such period of time as the Lessor or JTC may stipulate,
and in the event of the non-observance thereof, the Lessor shall
be entitled to exercise its rights under Clause 4(c) herein.
Notwithstanding the foregoing, the Lessee may sublet the demised
premises or part thereof to Silicon Manufacturing Partners Pte
Ltd.
(g) At the termination, by notice by the Lessee, or re-entry by JTC
under the Head Lease of re-entry by the Lessor or by expiry or
otherwise, of the term hereby created, to yield up the demised
premises to the Lessor in tenantable repair in accordance with
the Lessee's covenants herein contained PROVIDED THAT, if so
required by the Lessor and upon notice thereof, the Lessee shall
at its own cost and expense properly demolish and remove such
buildings, structures, fixtures and fittings, or any part
thereof, as may be specified by the Lessor and JTC and reinstate
the demised premises to the satisfaction of the Lessor and JTC
and if the Lessee shall fail to observe or perform this covenant
the Lessor or JTC may (but shall not be under any obligation to
do so) execute such works and recover the costs thereof from the
Lessee as a debt.
(h) Not to use or permit or suffer the demised premises or any part
thereof to be used otherwise than for wafer fabrication plant
operations only except with the prior consent in writing of the
Lessor and JTC. In granting its consent to any change or
extension of use, JTC and the Lessor may in their absolute
discretion require, inter alia, the Lessee to meet the fixed
investment criteria and to show due proof within such period of
time as the Lessor or JTC may stipulate, and in the event of the
non-observance thereor, the Lessor shall be entitled to exercise
its rights under Clause 4(c) hereof. For the avoidance of any
doubt, the words "meet" in this clause and "met" in Clause 1(f)
shall
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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 Private Lots A12787 and A12787(a) shall
not be less than 0.6 but not more than 1.4 and in the event the
gross plot ratio exceeds 1.4 the Lessee shall at its own cost and
expense be responsible for such proportions (as may be mutually
agreed upon between the Lessor and the Lessee) of the development
charges, differential premium and all other charges that may be
payable in consequence thereof. Notwithstanding the foregoing
provision the Lessee shall ensure that the average gross plot
ratio for Xxxxxxx Xxxx X00000, X00000(x), A12787(b), A12787(d)
and any other land occupied by the Lessor within Woodlands
Industrial Park D shall not be less than 0.6 but shall not exceed
the existing permitted maximum average gross plot ratio of 1.4
except with the prior written approval of the Lessor, JTC and the
relevant governmental 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.
(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) Not to place, construct or erect or permit the placing,
construction or erection of any building, structure or equipment
whatsoever on the 7.6 metre and 15.0 metre wide buffers within
the boundary of the demised premises and to 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) At all times throughout the term of lease hereby created to keep
in full operation and continue operations at the whole of the
demised premises in accordance with the use permitted in Clause
1(h) herein).
(n) 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
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created, the Lessee must, within 2 weeks of receipt of the said
Certificate of Title submit a copy of it to the Lessor.
(o) 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.
(p) Subject always to Clause 1(i) herein, to develop the demised
premises for low rise and low density industrial development
limited to 100 persons per hectare.
(q) 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.
(r) At the Lessee's own cost and at all times, to comply with and
observe the maximum height restriction of 61.0 metres above Mean
Sea Level and any other height restriction(s) (if any) on
buildings and structures at the demised premises as are or may be
imposed by any governmental or statutory authorities
("Authorities). 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 and JTC.
(s) Subject to Clause 1(vii) of ML I/30809F, to ensure the maximum
height of any chain-link fence (including the anti-climb) or
boundary wall erected by the Lessee at the demised premises shall
not exceed two (2) metres PROVIDED THAT the chain-link fence or
boundary wall shall be erected behind any hedge that may be
planted at the boundary of the demised premises.
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
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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 expiry of the term hereby created, there be 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, the Lessee shall within four (4)
months from the commencement of the further term and at its own
cost and expense, carry out and complete such improvements to
landscaping at the demised premises as may be stipulated in
writing by the Lessor 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; and
(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
Clause 4(f) hereinafter appearing and the present covenant for
renewal shall not apply.
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3(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
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 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 authorized 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 mortgage 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 allowances
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 four (4) months'
prior
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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 four (4) months' notice under the terms and conditions of the
sub-lease herein created or in respect of the termination.
(f) Subject to Clause 4(g) hereof in the event that premature
termination shall occur at any time within eight (8) years from
the commencement of the said term of the sub-lease herein created
or if JTC shall at any time within the said eight (8) years
exercise its right of re-entry under the Head Lease as a result of
the failure by the Lessor to observe or perform its obligations
under the Head Lease which was due to a failure by the Lessee to
observe or perform any covenant or condition imposed on the Lessee
under this Sub-Lease or if the Lessor shall at any time within the
said eight (8) years exercise its right of re-entry under Clause
4(c) hereof, then in addition to rent, interest, property tax and
other sums payable by the Lessee to the date of premature
termination or re-entry as the case may be, liquidated damages for
a proportionate amount of the sum of $17.7 million in the same
proportion as the land area of the portion of the demised premises
subject to premature termination or re-entry (as the case may be)
bears in relation to the total land area of Private lots A12787,
A12787(a) and A12787(b) together ('the said sum') shall be payable
and paid by the Lessee to the Lessor and it is acknowledged and
agreed by the Lessee that the said sum shall constitute liquidated
damages and shall not be considered under any circumstances as a
penalty.
(g) Notwithstanding anything contained herein, the Lessor hereby
agrees to a waiver of the liquidated damages provided in Clause
4(f) hereof in the event of any transfer or assignment of the
lease in accordance with Clause 1(f) hereinbefore appearing
PROVIDED THAT:-
(i) the transfer or assignment is approved in writing by the
Lessor and all other relevant governmental and statutory
authorities and
(ii) the Lessor reserves the right to revise the land rent to the
prevailing market rate at the time of the transfer or
assignment.
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 (by airmail if to or from an
address outside Singapore) 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 or (if made or given to or from an
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address outside Singapore) 72 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:-
Lessor : SINGAPORE TECHNOLOGIES PTE LTD
00 Xxxxxxx Xxxx
#00-00 XxxxXxx Xxxxxx
Xxxxxxxxx 000000
Attention: Company Secretary
Facsimile No: 67202281
Lessee : CHARTERED SEMICONDUCTOR
MANUFACTURING LTD
00 Xxxxxxxxx Xxxxxxxxxx Xxxx X Xxxxxx 0
Xxxxxxxxx 000000
Attention: Vice President
Facility Systems
Facsimile No: 63622901
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.
(b) Nothing shall affect the right to serve process in any manner
permitted by law.
8. A person who is not a party to this Sub-Lease shall have no right
under the Contracts (Rights of Third Parties) Act (Cap 53B) (as
amended or revised from time to time) to enforce any of the covenants,
terms or conditions of this Sub-Lease.
9. In this Sub-Lease where the context so requires or permits, words
importing the singular number or the mascular 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: 19 October 2004
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(H) EXECUTION BY LESSOR
The Common Seal of SINGAPORE )
TECHNOLOGIES PTE LTD was hereunto )
Affixed in the presence of:- )
/s/ Xxxxx Xxxx Xxx Huat
Director
/s/ Chua Xx Xx
Secretary
(I) EXECUTION BY LESSEE
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The Common Seal of CHARTERED )
SEMICONDUCTOR MANUFACTURING )
LTD was hereunto affixed in the presence of:- )
/s/ Chia Song Hwee
Director
/s/ Looi Xxx Xxx
Secretary
(J) CERTIFICATE PURSUANT TO THE RESIDENTIAL PROPERTY ACT AND THE LAND TITLES
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RULES AND PRACTICE CIRCULARS:
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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 19th day of October 2004
/s/ Woo Xxxxx Xxx
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NAME & SIGNATURE OF SOLICITOR FOR THE LESSEE
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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 Business 2 and the approved
specific use of the property is for single user factory use.
Dated this 19th day of October 2004.
/s/ Woo Xxxxx Xxx
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NAME & SIGNATURE OF SOLICITOR FOR THE LESSEE
--------------------------------------------------------------------------------
(K) SIMILAR INTEREST CONFIRMATION (IF ANY)
--------------------------------------
Not Applicable.
--------------------------------------------------------------------------------
(L) CERTIFICATE OF CORRECTNESS:
I, the Solicitor for the Lessor hereby certify that this instrument is
correct for the purposes of the Land Titles Act and that I hold a
practising certificate which is in force as at the date of the instrument.
/s/ Woo Xxxxx Xxx
-----------------
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 and that I hold a
practising certificate which is in force as at the date of the instrument.
/s/ Woo Xxxxx Xxx
-----------------
NAME & SIGNATURE OF SOLICITOR FOR THE LESSEE
13
STPL-CSM-Sub-LeaseAgmt12787-execution
Execution Copy
FOR OFFICE USE ONLY
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EXAMINED REGISTERED ON
Initials of
Date Signing Officer: Registrar of Titles
--------------------------------------------------------------------------------
14
STPL-CSM-Sub-LeaseAgmt12787-execution
