OFFICE PREMISES LEASE
Exhibit 4.225
LESSEE/FIRM: SHANGHAI
XXXXXX NETWORKING CO., LTD.
LEASED
UNIT: ROOM 101o102 o 204 o303o305o401o404_,
BUILDING
XX. XX. 0 XX XXXX XXXX, XXXXXX XXX XXXX, XXXXXXXX
DATE OF
EXECUTION: 1ST
OF JANUARY, 2008
TABLE
OF CONTENTS
1.
|
LEASED
PREMISES
|
1
|
2.
|
TERM
OF LEASE
|
2
|
3.
|
RENT
|
2
|
4.
|
DATE
OF PAYMENT
|
3
|
5.
|
CURRENCY
AND ACCOUNT
|
3
|
6.
|
BREACH
OF CONTRACT AND TERMINATION
|
3
|
7.
|
MISCELLANEOUS
|
4
|
OFFICE
LEASE CONTRACT
This
Office Lease Contract is hereby entered into by the following parties on 1st
of January, 2008 in Shanghai, the People’s Republic of China.
Lessor:
Shengqu Information Technology (Shanghai) Co., Ltd. (hereinafter
referred to as “Party
A”)
Lessee: Xxxxxx
Networking Co., Ltd (hereinafter referred to as “Party
B”)
1.
|
LEASED
PREMISES
|
Party
A hereby agree to lease the premises located at Room
101o102o204o303o305o401o404_,
Building
Xx. 0 xx
Xxxx
Xxxx, Xxxxxx Xxx Xxxx, Xxxxxxxx
with
the total gross area of 2242.73 square
meters (details are included in the redlined map attached as Appendix Two
hereof) to Party B in good condition. The purpose of the leased premises shall
be for office use.
2.
|
TERM
OF LEASE
|
2.1
|
The
term of lease shall be 1 year, commence on 1st
of January, 2008 and expire on 31st
of December, 2008.
|
2.2
|
Upon
expiry of the lease, Party A has the right to repossess all the leased
premises and Party B shall return the leased premises in good condition on
time. Where Party B wishes to renew the lease, it shall submit its request
in writing to Party A two (2) months prior to the expiration
date.
|
3.
|
RENT
|
The rent
of the leased premises shall be RMB4.1/square meter/day during the term of
lease. The total amount of the rent shall be
RMB3356245.45/year.
1
4.
|
DATE
OF PAYMENT
|
4.1
|
The
rent shall be paid on a monthly basis in advance. The first
instalment of the rent shall be paid on the commencement
date. Commencing from the expiry of the rent-free period, each
instalment shall be paid on the 5th
of each month.
|
5.
|
CURRENCY
AND ACCOUNT
|
Party
B shall pay all the amounts due under this Contract to the account designated by
Party A. All the payment shall be calculated in RMB and
be made in Renminbi.
6.
|
BREACH
OF CONTRACT AND TERMINATION
|
6.1
|
Breach
of contract
|
Where
one party breaches this Contract and causes losses to the other party, the other
party (i) has the right to request the defaulting party to rectify its default
by written notice. Where the defaulting party fails to rectify its
default within thirty (30) days of receipt of such notice, the performing party
has the right to terminate this Contract, or (ii) has the right to terminate
this Contract immediately if the default is beyond correction. Where
the defaulting party’s breach of Contract causes any expenses, cost, liabilities
or losses to the performing party, the defaulting party shall compensate the
performing party (and assure that the performing party’s interest will not be
affected).
6.2
|
Right
to terminate
|
Either
party may terminate the lease if any of the following events
occurs:
(a)
|
A
party is unable to perform its obligations for six (6) consecutive months
or more due to any force majeure event, in which case the other party may
terminate this Contract immediately;
or
|
(b)
|
A
party enters into bankruptcy, liquidation, dissolution or any similar
proceedings; or
|
(c)
|
All
or the material assets of a party necessary for performance of this
Contract are seized, embargoed, confiscated and such assets can not be
released in three (3) months.
|
2
7.
|
MISCELLANEOUS
|
7.1
|
It
is calculated by actually used square if the lease premises are
changed.
|
7.2
|
Force
majeure
|
(a)
|
A
Force Majeure Event shall
mean any events that are out of one party’s control which prevent that
party from performing its obligations hereunder. The Force Majeure Event
shall include but is not limited to prohibitions or activities of any
government or governmental agency, riot, war, hostility, public riots,
strike, labour dispute, disruption of transportation or other facilities,
plague, fire, flood, earthquake, storms, tsunami or other natural
events.
|
(b)
|
Where
one party fails to perform its obligations hereunder due to any force
majeure event, the party shall notify the other party in writing within
fourteen (14) days of the occurrence of such event. Both parties shall
make their best efforts to reduce the losses caused by the force majeure
event. Neither party shall be responsible for any damage, cost
increase or losses caused by failure or delay of performance of its
obligations for reason of force majeure event. Such failure or
delay shall not be treated as a breach of this Contract. A
party claiming to have suffered from a force majeure event shall use its
best endeavour to reduce or eliminate the effects of such event and shall
try to recommence performance of its obligations as early as
possible.
|
7.3
|
Governing
law
|
The
formation, effectiveness, interpretation, implementation, amendment and
termination of this Contract shall be governed by the laws of the People’s
Republic of China.
7.4
|
Dispute
resolution
|
(a)
|
The
parties shall resolve any disputes arising under, out of or in connection
with this Contract by consultation first. Such consultation
shall be commenced immediately after one party sends the notice as
stipulated in Clause 15.8 herein. Where the parties are unable
to resolve such dispute by consultation within thirty (30) days of such
notice, then either party may, after notifying the other party, submit
such dispute to the Beijing Arbitration Commission for
arbitration.
|
3
(b)
|
The
arbitration shall be carried out in accordance with the current
arbitration procedures of the Shanghai Arbitration
Commission. The arbitration award shall be final and binding to
the parties.
|
(c)
|
During
the course of dispute resolution, the parties shall in all aspects
continue performance of this
Contract.
|
7.5
|
Amendment
and alteration to this Contract
|
Any
amendments to this Contract or its appendices shall be made only by agreement in
English and Chinese signed by the authorized representative of the
parties.
7.6
|
Severability
|
Invalidity
of any provision of this Contract shall not affect the effectiveness of other
provisions.
7.7
|
Language
|
This
Contract shall be signed in Chinese.
7.8
|
Entire
agreement
|
This
Contract as well as its appendices constitute the entire agreement between the
parties regarding the subject matter and supersede any prior agreement,
contract, understanding and communication, oral or written. The
headings to the clauses are for reference only and shall not have any legal
effect.
7.9
|
Notice
|
Any
notice or communication under this Contract shall be made in English and Chinese
and shall be sent by hand delivery, air registered mail (postage prepaid),
reputable courier service or fax to the below addresses. The date of
service shall be confirmed as below:
(a)
|
By
hand delivery, it shall be the date of
delivery.
|
(b)
|
By
air registered mail (postage prepaid), it shall be ten (10) days after the
postage date (post xxxx date).
|
4
(c)
|
By
courier, it shall be five (5) days after dispatch by a reputable courier
service.
|
(d)
|
By
fax, it shall be the first business day after
sending.
|
The
addresses of the parties are as below:
Either
party may change its address from time to time by notifying the other party in
writing.
7.10
|
Appendices
|
The
appendices shall constitute an integral part of this Contract and shall be
binding to both parties.
7.11
|
Date
of effectiveness
|
This
Contract shall come into force upon signature of the
parties.
7.12
|
Copies
|
This
Contract shall be executed in two (2) copies, each copy shall be equally
authentic. Each of Party A and Party B shall hold one
copy.
5
IN
WITNESS THEREOF, the parties hereby have their authorized representatives
to sign this Contract on the date appearing on the first page
hereof.
Lessor:
Shengqu Information Technology (Shanghai) Co., Ltd.
Signature
of the representative:
Name:
Title:
Lessee: Shanghai
Xxxxxx Networking Co., Ltd.
Name:
Title:
6