EXHIBIT 10.68
AGREEMENT
This agreement is made and entered into by and between
Lessor: Xxx, Po - Hu (hereinafter called Party A)
Lessee: SINA. Com Online
Legal representative: Chiang, Xxxx-Xxxx (hereinafter called Party B)
Whereas, in consideration of the mutual covenants herein contained for lease and
of each act done hereunder by the parties hereto, it is mutually agreed as
follows:
I. Location of real asset: Location and rental area by Party B from Party A:
0X, Xx. 00, Xx Xx Xx., Xxx. 1, Ta An District, Taipei City, No. of
construction: 4575, with area of 216.14 Pings, included two parking spaces
in the basement.
II. Term of Lease
(a) The term of this LEASE shall commence from the 1st day of January of
2003 to the 31st day of December of 2003, total one years.
(b) Any party who agrees to continue this lease agreement, shall serve
three-month notice prior to the expiration of this agreement. Both
parties shall negotiate relative content of lease agreement and sign
up in one month before the rental term is terminated. Rent will be
adjusted by 3% upon fluctuation of inflation rate.
III. Rental:
(a) Rental: Monthly rental amount is New Taiwan Dollars three hundred
thousand only (included the Rental Income Tax).
(b) Payment: Payable rental shall be calculated per month. Party B shall
give Party A 24 checks, each with face value of monthly rental to be
cashed on 1st day of each rented month when sign this agreement.
Rental shall be deemed received only when the check is cashed and
shall not be delayed.
(c) Withholding Tax Statement: Rental Income Tax shall be withheld and
paid by Party B per month and offer relative Withholding Tax
Statement for the previous year to Party A before Feb. 10 of the
fiscal year. Party B shall be responsible for any penalty to party A
caused by the omission of Tax Statement.
VI. Security Deposit:
Party B shall pay New Taiwan Dollars one million as Security Deposit to
Party A when sign this agreement. Party A shall return the Security
Deposit after deduction of estimated Water, Electricity charge, Property
Management Fee and handling
charge of waste matters, to party B by cash or sigh check without
interest, when Party A has settled all debt and vacated the leased
premises. In compliance with collected receipt, Party A shall refund the
withheld money in excess. Party B shall not have this Security Deposit
under mortgage for any liabilities and only served as indemnification when
Party B breaches this agreement. No rental deduction is allowed, meanwhile
within the range of liabilities borne by Party B in this agreement, no
joint compensation can be requested by any third party.
V. Utilization limit:
(a) Without written consent from Party A, Party B shall not transfer,
assign, sublet or by other alternative method to have other persons
utilize the rented premises or relative right, no matter in whole or
in part.
(b) Party B rent this premises for office utilization, which shall not
infringe the stipulated utilization set up in relative act of
construction, nor transact illegal business and perform the
administration obligation under good custodian.
(c) Party B shall obey relative regulations stipulated by law or
governing authority. In addition to the documents provided by Party
A for the company registration, Party B shall acquire necessary
certificate and perform other procedures for business and shall not
do any illegal behavior or deposit dangerous, explosive, prohibited
or other stuffs that may influence the public security. Party B
shall be responsible for any offense and bear any compensation in
case of any third party or Party A's damage.
(d) During the rented period, Party B shall abide provisions stipulated
in Building & Apartment Administration Act and administrating
articles set up by the Administration Board of this Building under
good coordination in order not to disturb the residents in this
building. Party B shall be responsible in case of any offences.
VI. Equipment and decoration
(a) No alteration inside or outside the premises is allowed unless under
Party A's consent. Agreed alteration shall infringe regulations in
Art. 77, Art. 77-2 of Construction Law or hazard the original
structure, whereas all the costs and the security, cleaning and
environmental responsibility during work shall be in charge of Party
B.
(b) Both parties agree that the goods and/or the appurtenances used for
said alterations, which are permanently attached to the Leased
Building, such as the water pipes, electric wire, ceiling, floor,
door window and fittings, upon the expiry or cancellation of the
lease period, shall all become the possession of the Party A. Party
B shall not be entitled to demand any right of such goods and /
or appurtenances.
VII. Surrender of the leased premises:
(a) Party B shall withdraw or manage the transfer registration of
company when the Lease Agreement is terminated or cancelled. Party B
shall vacate everything, including performed alteration on the
premises and remove shop, as well restore and surrender the leased
premises under original status for normal utilization. But According
to current status, Party A may ask Party B to surrender the rented
premises in whole or in part under actual condition. (not included
the personal assets of Party B).
(b) Party B shall vacate and surrender the leased premises upon the
termination or cancellation of Lease Agreement, otherwise Party B
shall remain liable to pay the Party A the two times rentals. Any
Payment for agreement infringement shall not interfere the petition
right to claim
VIII. Deposed stuff:
After surrender of leased premises, all furniture or miscellaneous matters
left by Party B shall be deemed as waste, which shall be handled by Party
A, Party B shall not have any objection. Relative handling charge shall be
deducted when Party A refund the Security Deposit to Party B.
VIIII. Advance termination
(a) Party B shall deliver the rental check according to stipulated
periods and cash the check, as well utilize the rented premises, pay
the charge and tax in compliance with this agreement. Any deferment
or breach shall be paid or remedied within 10 days after receipt of
written notice from Party A, otherwise Party A may terminate this
agreement.
(b) When the agreement is terminated under above-mentioned conditions,
Party B shall pay one month's rental to Party A as penalty. Party A
agree to return unearned or abated rental checks to Party B when
above mentioned penalty for agreement breach, rental in due and all
tax are settled by Party B, so as to surrender the rented premises
according to this agreement. Party A may have Payment Order or raise
suit for any unpaid money, Party B shall not have any objection.
X. Management under good custodian
(a) Party B shall abide every clause set in this agreement and keeps the
rented premises under good custodian. Any damage of leased premises
caused by Party A on his purpose or negligence or in case of any
right or interest damage for
Party A or the third party. In case of the fire disaster, Party B
shall compensate relative damage or ruin of the leased premises,
although no serious fault is contributed to Party B.
(b) Party B is entitled to terminate the Lease Agreement when the leased
premises go through fire, earthquake, typhoon, war, riot or similar
events and beyond the utilization. If the damage is in part, Party B
may give written repairing notice to Party A within 5 days after the
occurrence. In case of any influence of utilization, both parties
shall negotiate to reduce the rental percentage under bona fides.
But when the damage in part interfere the utilization for Party B,
this Lease Agreement can be terminated.
XI. Others
(a) All water, electricity, gas, administration, telephone, clean and
imposed tax from Party B's transaction and other repairing fee
caused by Party B, from the day when the leased premises are
delivered to Party B till the day when Party B surrenders the leased
premises, shall be on Party B's account. But the tax on house and
land shall be borne by Party A.
(b) Party B shall obey relative regulations or requirements from
governing authority to manage the security measures and business
equipment and bears charges in concern. Any infringement that causes
the loss to party A or the third party or any damage or penalty
imposed by governing authority, Party B shall have the responsible
to indemnify.
(c) Any loss of right or interest from Party A caused by Party B's
infringement, Party B shall take complete legal liability, and bear
the suit charge, lawyer fee in case of legal action.
(d) Party A shall arrange the premises insurance, but Party B shall have
insurance for his own decoration, equipment or merchandise.
XII. Impose clause: following impose clauses shall be followed by both parties.
(a) Party B shall return the leased premises to party A when the
agreement is due and no extension is managed. Party A shall return
the security deposit to Party B according to article 4 in this
agreement.
(b) Party B shall pay the rental in compliance with the payment schedule
and any penalty for the infringement of this agreement.
XIII. Service and governing law
(a) Both parties agree to have their respective addresses in this
agreement for service. Any alteration shall be notified by written
notice to opposite party. When the notice can not be served and
return, the served date is based on the 1st
registered mailing date by post office.
(b) To give effect and interpret the provisions of this Agreement, Lease
Agreement in Chinese version shall prevail. Any dispute shall be
decided at Taipei District Court and governed in accordance with the
laws of the Republic of China.
XIV. This agreement is made in duplicate and becomes effective after signing by
their respective authorized representatives and each party shall hold one
copy as evidence.
Leased Agreement signed by :
Party A(the lessor): Party B(The lessee):
Xxx, Po-Hu (with seal) XXXX.xxx Online (with seal)
I.D. Card No.: A103611168 Business Uniform No.:00000000
TEL: (O) 0000-0000 Legal representative:
(H) 2331-2234 Chiang, Xxxx-Xxxx(with seal)
Address: 5F-1, Xx. 000, Xxxx Xxxxx Xx. XXX: (00)0000-0000
Xxxxxx Xxxx I.D.card No.:Q120123160
Address: 2F, Xx. 00, Xx Xx Xx.,
Xxx. 0, Xx Xx Xxxxxxxx, Xxxxxx Xxxx
Date: Dec, 20, 2002
