EXHIBIT 4.36
EQUIPMENT LEASE AGREEMENT
Between
NANJING XXXXXX NETWORKING CO., LTD.
and
SHENGQU INFORMATION TECHNOLOGY (SHANGHAI) CO., LTD.
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EQUIPMENT LEASING AGREEMENT
THIS EQUIPMENT LEASING AGREEMENT ("this Agreement") is entered into December 28,
2004, by and between Nanjing Xxxxxx Networking Co., Ltd. ("Nanjing Xxxxxx"), a
company organized and existing under the laws of the People's Republic of China
(the "PRC"), and Shengqu Information Technology (Shanghai) Co., Ltd.
("Shengqu"), a wholly foreign-owned enterprise organized and existing under the
laws of the PRC. Each of Nanjing Xxxxxx and Shengqu shall hereinafter
individually be referred to as a "Party" and collectively as the "Parties".
1 DEFINITIONS
Unless this Agreement otherwise defines or the context otherwise requires, the
following terms shall have the meanings given to them below when used in this
Agreement:
1.1 "Term" shall mean the term of this Agreement as stated in Article 2.3
hereof.
1.2 "Equipment" shall mean the equipment leased by Shengqu to Nanjing Xxxxxx
as requested by Nanjing Xxxxxx from time to time. The specific description
of each piece of Equipment shall be set forth in a confirmation letter.
2 GENERAL TERMS
2.1 Shengqu hereby agrees to lease to Nanjing Xxxxxx, and Nanjing Xxxxxx
hereby agrees to rent from Shengqu, the Equipment pursuant to the terms
and conditions of this Agreement.
2.2 Unless otherwise agreed by Shengqu in writing, Nanjing Xxxxxx shall not
rent any Equipment from any third party.
2.3 This Agreement shall be effective upon execution hereof by the authorized
representatives of the Parties and shall remain effective for a period of
one (1) year.
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2.4 The rent payable by Nanjing Xxxxxx to Shengqu under this Agreement shall
be 4.2% of the original value of the leased Equipment per month (the
"Rent"). Nanjing Xxxxxx shall pay Rental to Shengqu on a quarterly basis.
3 RENT
3.1 In consideration of the use of Equipment by Nanjing Xxxxxx pursuant to
this Agreement and as long as this Agreement is not terminated by the
Parties hereto, Nanjing Xxxxxx shall pay Shengqu the Rent set forth in
Section 2.4 hereof on a quarterly basis in accordance with Section 3.2,
3.3 and 3.4 below.
3.2 The Rent for each quarter shall be payable within thirty days of the last
day of such quarter.
3.3 The Rent shall be paid in the currency of RMB to a bank account opened
with a PRC bank by Shengqu (Shengqu shall provide Nanjing Xxxxxx with the
details of such account).
3.4 In the event that Nanjing Xxxxxx fails to pay the Rent to Shengqu on the
due date under this Agreement, Shengqu shall be entitled to press for
payment of the Rent payable by issuing a written notice to Nanjing Xxxxxx.
Upon receipt of such notice, Nanjing Xxxxxx shall thereafter pay Shengqu
an overdue interest on the amount outstanding. The annual rate of such
overdue interest shall be the aggregate of (i) the annual interest rate
for short term commercial loans published on such due date by the People`s
Bank of China, and (ii) two percent (2%).
3.5 The Rent paid by Nanjing Xxxxxx to Shengqu under this Agreement shall be
the only amounts payable by Nanjing Xxxxxx with respect of the leasing of
the Equipment hereunder by Nanjing Xxxxxx. Unless otherwise expressly
provided herein, Nanjing Xxxxxx shall not be requested nor obliged to pay
any other amount to Shengqu with respect of Shengqu's leasing the
Equipment to Nanjing Xxxxxx or the performing of the obligations hereunder
by Shengqu.
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4 DELIVERY OF THE EQUIPMENTS
Upon request of Nanjing Xxxxxx, Shengqu shall deliver the Equipment, including
all documents necessary for the use of the Equipment, to Nanjing Xxxxxx in a
timely manner.
5 EXTENSION OF AGREEMENT
This Agreement shall remain effective during the term hereof, which will be
automatically renewed for another one (1) year upon expiration of each term
unless Shengqu notifies Nanjing Xxxxxx of its intention not to renew thirty (30)
days before the current term expires.
6 GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of
the PRC.
7 EXECUTION
This Agreement shall become effective upon the execution hereof by the duly
authorised representative of each Party.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their respective duly authorized signatories as of the day and year first
written above.
NANJING XXXXXX NETWORKING CO., LTD.
By: ________________________
Name: Tang Jun
Title: General Manager
SHENGQU INFORMATION TECHNOLOGY (SHANGHAI) CO. LTD.
By: _________________________
Name: Chen Tianqiao
Title: Board Chairman
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