Translated from the original Chinese version] SHENZHEN MUNICIPAL CITY HOUSE LEASE CONTRACT HOUSE LEASE CONTRACT
Exhibit 4.99
[Translated from the original Chinese version]
SHENZHEN MUNICIPAL CITY HOUSE LEASE CONTRACT
Lessor (Party A): Shenzhen Zhiguangda Industrial Development Co., Ltd.
Address:
Post code:
Entrusted agent:
Address:
Post code:
Address:
Post code:
Entrusted agent:
Address:
Post code:
Lessee (Party B): Shenzhen Genius Information Technology Co., Ltd.
Address:
Post code:
Business License No. /Identity Card No.:
Entrusted agent:
Address:
Post code:
Address:
Post code:
Business License No. /Identity Card No.:
Entrusted agent:
Address:
Post code:
The parties enter into this contract in accordance with the Contract Law of the People’s Republic
of China, the Law of the People’s Republic of China on the Administration of Urban City Real
Estate, the Provisions of Shenzhen Special Economic Zone and their implementation rules.
Article 1. The house (“House”) Party A leases to Party B under this contract is located at
10/F, No.4 Building of Saige Science and Technology Park, North Huaqiang Road, Futian District,
Shenzhen. The building area of the House is 2,267.5 square meters. There are 12 floors in the
building where the house is located.
The owner or use right holder of the House is . The name
and document number of the property ownership certificate or use right certificate for the House is
.
Article 2. The rental rate applicable to this contract shall be RMB70 per square meter per month.
The monthly rental shall be RMB158,725.
Article 3. Party B should pay the first installment of rental (in an amount of ) before
.
Article 4. Party B should pay rental:
þ On monthly basis before the fifth day of each month
o On quarterly basis before the day of the
month of each quarter
o On half-year basis before the day of the
month of each half year
o On yearly basis before the day of the
month of each year
(Indicate by check xxxx which payment method shall be adopted.)
Party A should issue formal tax invoices to Party B for payment of rental.
Article 5. The term of the lease under this contract shall commence from April 10, 2008 and end on
April 30, 2011.
The lease term hereof should not exceed the term of the use right of the plot of land occupied by
the House, otherwise, the exceeding part shall be invalid. Party A shall be liable for Party B’s
losses arising from such invalidity, unless the parties otherwise agreed.
Article 6. The House shall be used as a factory building. If Party B intends to use the House for
other purposes, it should get the written consent of Party A and the approval of real estate
authority with respect to such usage change.
Article 7. Party A shall deliver the House to Party B before March 14, 2008, and handle relevant
delivery procedures.
If Party A fails to deliver the House before the date provided in the preceding paragraph, Party B
is entitled to request to extend the term of this contract accordingly. In such case, the parties
shall confirm such extension in writing and register such confirmation with the contract
registration authority.
Article 8. When delivering the House, the parties should confirm the status of the House and
facilities thereof and the ancillary objects, and list them in the appendix hereof.
Article 9. When delivering the House, Party A can collect from Party B a deposit in an amount equal
to two months’ rental (RMB317,450). Party A shall issue a receipt to Party B after receiving such
deposit.
Party A shall return the deposit to Party B after:
(1) the contract has expired and the fire protection agreement has been seriously enforced;
(2) Party B has settled all outstanding sums and presented the receipt for payment of deposit;
(3) Party A has confirmed that the House is in good condition and no damage to the properties of
Party A.
Under any of the following circumstances, Party A can refuse to return the deposit to Party B:
(1) Party B fails to perform this contract appropriately, terminates this contract before its
expiration or conduct illegal activities which make the normal performance of this contract
impossible;
(2) Party B fails to settle all outstanding sums or fails to present the receipt for payment of
deposit;
(3) Party B does not compensate Party A for the damage to or loss of Party A’s properties which has
been caused by it.
Article 10. During the term of lease, Party A shall be responsible for paying the land premium for
the plot of land occupied by the House and the taxes in connection with the lease of the House,
Party B shall be responsible for paying the water and electricity charges for the House and other
charges accrued in connection with the use of the House.
Article 11. Party A should ensure that the delivered House and facilities thereof can meet the
purpose of this contract and comply with the law, regulations and policies with respect to safety.
If Party B suffers any personal injury or property damage within the House due to the willful acts
or negligence of Party A, it is entitled to claim for appropriate compensation against Party A.
Article 12. Party B should use the House and facilities thereof appropriately, and is prohibited
from using the House to conduct illegal activities. Notwithstanding the foregoing, Party A should
not interfere with the normal and reasonable use of the House by Party B.
Article 13. If, during the term of term, there is any damage to or deficiency with the House or
facilities thereof which is not caused by the act or negligence of Party B, and such damage or
deficiency affect the safe and normal use of the House, Party B should notify Party A as soon as
possible and adopt necessary and effective measures to prevent the expansion of loss. Party A
should, within three days after receiving the notice from Party B, conduct repair or entrust Party
B to conduct repair. If Party B is unable to notify Party A or Party A fails to perform its
repairing obligation within specified period after receiving the notice, Party B can conduct the
repair on behalf of Party A after filing this with the contract registration authority for record.
In the event that there is any emergent event and immediate repair is needed, Party B can conduct
the repair on behalf of Party A, provided that Party A shall be notified immediately afterwards.
The expenses on repair (including the expense on the repairs conducted by Party B on behalf of
Party A and the reasonable expenses on preventing the expansion of losses ) accrued under any of
the above mentioned circumstances shall be undertaken by Party A. If Party B fails to perform its
obligations specified in this Article 13 (e.g. fails to notify Party A or take necessary measures),
and this makes the losses expand, the repair expenses for such expanding part shall be undertaken
by Party B.
Article 14. If there is any safety event or damage happens to the House or facilities thereof due
to Party B’s improper or unreasonable use, Party B should notify Party A immediately and be
responsible for repair or compensation. Should Party B fail to repair or compensate, Party A could
conduct the repair itself at the expense of Party B after filing such repair with the contract
registration authority for record.
Article 15. The parties should enter into a separate written agreement if any party intends to
conduct reconstruct, expand or decorate the House within the term of this contract.
Such reconstruction, expansion or decoration can only be conducted after the approvals of relevant
authorities have been obtained.
Article 16. During the term of this contract, Party B is prohibited from subleasing the House or
any part thereof to third parties.
Article 17. During the term of this contract, if Party A intends to transfer the House or any part
thereof, it should notify Party B in writing one month beforehand. Party B shall enjoy the right
of first refusal to purchase the House.
If the House is transferred to a third party, Party A shall have the obligation to notify such
third party to continue to perform this contract after the transfer.
Article 18. Under any of the following circumstances, this contract can be modified or terminated
before its expiry.
(1) The occurrence of force majeure event makes the performance of this contract impossible;
(2) The House is confiscated, purchased, taken back or destroyed by the government; or
(3) The parties agree to modify or terminate this contract before its expiry.
Article 19. Under any of the following circumstances, Party A shall have the right to refuse to
return the deposit.
(1) Party B has not paid rental for day/month;
(2) The overdue amount owed by Party B has reached RMB79,362.5;
(3) Party B has used the House to conduct illegal activities;
(4) Party B has changed the structure or usage of the House without getting the consent of Party A;
(5) Party B has been in breach of Article 14 hereof and fails to conduct or pay for repair, and
this has made the House or facilities thereof seriously damaged;
(6) Party B has decorated the House without getting the consent of Party A and approvals of
relevant authorities; or
(7) Party B subleases the House to third parties without getting the consent of Party A.
Apart from claiming for compensation, Party A can also terminate this contract or request to modify
this contract if any of the above listed circumstances happens.
Article 20. Under any of the following circumstances, Party A shall pay RMB158,725 as liquidated
damage.
(1) Party A delays the delivery of House for 30 days or longer;
(2) Party A has been in breach of Article 11 hereof, and such breach makes the purpose of this
contract cannot be realized;
(3) Party A has been in breach of Article 13 hereof, and refuse to conduct or pay for repair; or
(4) Party A reconstructs, expands or decorates the House without getting the consent of Party B or
the approvals of relevant authorities.
Apart from claiming for compensation, Party B can also terminate this contract (Party B should
notify Party A in writing after having been compensated and return the House to Party A) or request
to modify this contract if any of the above listed circumstances happens.
Party B does not need to pay rental for the period from Party A’s receipt of such notice until it
has been compensated.
Article 21. Party B should move out from the House on the expiry day of this contract and return
the House to Party A. It should ensure the returned House and facilities thereof is in good
condition (except normal wear and tear), settle all outstanding amounts and handle relevant
delivery procedures.
If Party B fails to move out or return the House on time, Party A is entitled to take back the
House and collect two times rental for the period beyond the term of lease.
Article 22. If Party B intends to renew this contract upon its expiry, it should give Party A a
three months’ notice. Party B shall have the right of first refusal to lease the House.
The parties should enter into a separate contract for such renewal and registered such contract
with the contract registration authority.
Article 23. The parties should actively observe the provisions of this contract. Any party in
breach of this contract should undertake relevant liabilities provided hereof.
Articles 24. Issues not covered by this contract can be addressed in the appendixes hereof, which
shall be an integral part of this contract and have same effect as the main part of this contract
after having been signed by the parties.
If, during the term of this contract, the parties have reached into a modification agreement with
respect to this contract, they should register such modification agreement with the contract
registration authority. The modification agreement so registered shall have same effect as this
contract.
Article 25. Any dispute in connection with this contract shall be resolved through negotiation. If
the parties fail to reach an agreement through negotiation, the dispute can be submitted to the
contract registration authority for mediation. If such mediation fails, the dispute can be
submitted to Shenzhen Arbitration Commission for arbitration.
Article 26. This contract shall take effective after having been signed by the parties.
The parties shall register or file this contract with relevant registration authority for record
within 10 days after the execution of this contract.
Article 27. The original copy of this contract is in Chinese.
Article 28. There are four original copies of this contract, which shall be held by Party A, Party
B, the contract registration authority and other relevant entity, respectively.
Party A (chop):
Legal representative:
Tel:
Bank account:
Entrusted agent (chop):
Date:
Legal representative:
Tel:
Bank account:
Entrusted agent (chop):
Date:
Party B (chop)
Legal representative:
Tel:
Bank account:
Legal representative:
Tel:
Bank account:
Entrusted agent (chop):
Date:
Date:
Registration or filing agent (chop):
Contract registration authority (chop)
Date:
APPENDIX
Party A: Shenzhen Zhiguangda Industrial Development Co., Ltd.
Party B: Shenzhen Genius Information Technology Co., Ltd.
Jujin Software (Shenzhen) Co., Ltd.
Jujin Software (Shenzhen) Co., Ltd.
1. Shenzhen Genius Information Technology Co., Ltd. and Jujin Software (Shenzhen) Co., Ltd. shall
lease from Shenzhen Zhiguangda Industrial Development Co., Ltd.the house located at 10th
Floor of No.4 Building of Saige Science and Technology Park (“House”). The term of lease shall
commence from April 10, 2008 and end on April 30, 2011.
2. Party A shall collect a deposit for electricity charge in an amount of RMB100,000 from Party B.
3. Party B should pay additional elevator charge if it needs to use the elevator during
non-business hours.
4. The lease deposit shall not be returned to Party B if it terminates the lease before its expiry.
5. Party B shall not have the right to claim return of deposit if it does not pay rental or other
charges within the time limit provided in this contract.
6. If Party B fails to pay rental or other charges within the time limit provided in this contract,
Party A is entitled to charge an overdue fine in an amount equal to 5‰ of the overdue amount from
the date when such rental or other charges should be paid.
7. If Party B has delayed the payment of rental or other charges for one month or longer without
cause, Party A shall have the right to suspend the water and electricity supply to Party B and
Party B’s access to certain facilities.
8. Party A has already showed the fire safety inspection certificate of the House to Party B. If
Party B needs to decorate the House, it should apply to the fire safety authority for inspection on
such decoration at its own expense. If such application is submitted in the name of Party A, the
original fire safety inspection certificate shall be kept by Party A, otherwise, the original shall
be kept by Party B provided that Party A is provided with a duplicate copy. When Party B moves out
from the House, all the original fire safety inspection certificate should be returned to Party A.
9. Party B promises that when this contract terminates or it moves out the House, it will not alter
or tear down the existing decoration and fire safety facilities.
10. The storehouse in the east side of the lift lobby can be used by both parties during the term
of lease. Each party shall hold a key to this storehouse.
11.The monthly rental set forth in Article 2 of the above Shenzhen Municipal City House Lease
Contract the parties have entered into applies to the first year of the lease term (from April 10,
2008 to April 9, 2009). For the second year of the lease term (from April 10, 2009 to April 9,
2010), the monthly rental shall be 103% of the that for the first year (RMB163,486.75). For the
third and last year of the lease term (from April 10, 2010 to April 9, 2011), the monthly rental
shall be 105% of that for the first year (RMB166,661.25).
12. Party A agrees to remove the iron folding door on the east side of the 10th floor,
and Party B will install a stainless steel folding door there.
13. Party A shall provide a copy of its property ownership certificate to Party B.
14. There are three pages of this contract.
A supplemental clause saying that the cleaning fee and property management fee for the House shall
be undertaken by Party A shall be added to Article 10 hereof.
15. Issues not covered in this contract or appendix shall be handled by the parties through
negotiation. The agreements the parties have reached through such negotiation shall have same
effect as this contract after having been confirmed by the parties in writing.
Party A: Shenzhen Zhiguangda Industrial Development Co., Ltd.
Date:
Party B:
Date:
Appendix II
1. With respect to Article 6 of this contract which reads that “the House shall be used as a
factory building”, Party B warranties that it has done a modification registration with relevant
authority, and the usage of the House has been changed from “factory building” to “office”.
2. A supplemental clause saying that “if Party B needs to register new companies in the House,
Party A shall sign new contract with it within respect to a reasonable area” shall be added to
Article 16 of the contract.
3. In the event that the contract terminates upon its expiry, upon the written request of Party B,
Party A shall return the lease deposit and deposit for electricity charge in a total amount of RMB
417,450 to Party B, provided that Party B has settled all outstanding sum and presented the
receipts for payment of deposits.
Party A: Shenzhen Zhiguangda Industrial Development Co., Ltd.
Date:
Party B:
Date:
Appendix
With respect to Article 2 of this contract, it is hereby clarified that the rental rate
applicable to the House is RMB70 per square meter per month, among which RMB53 is the actual
rental, and RMB18 is property management fee. The parties agree that this Appendix shall take
effective after being signed by the parties and shall be enforced together with the contract.
Party A: Shenzhen Zhiguangda Industrial Development Co., Ltd.
Date:
Party B: Shenzhen Genius Information Technology Co., Ltd.
Date: May 12, 2008
