Joint Lease Agreement
Joint and
Several Liability Agreement
Exhibit
4.61
Party A:
Beijing Gaoling Estate Development Co., Ltd. (hereinafter “Party A”)
Party B:
Beijing AirInbox Information Technologies, Co., Ltd. (hereinafter “Party B”)
Party C:
Beijing Boya Wuji Technologies Co., Ltd. (hereinafter “Party C”)
Party D:
Beijing Wireless Interactive Network Technologies Co., Ltd. (hereinafter “Party D”)
Party E:
Beijing Xinrui Network Technologies Co., Ltd.(hereinafter “Party E”)
Party F:
KongZhong China (hereinafter “Party F”)
Party G:
Beijing Chengxitong Information Technologies Co., Ltd. (hereinafter “Party G”)
Party H:
KongZhong Information Technologies (Beijing) Co., Ltd. (hereinafter “Party H”)
In
accordance with the relevant provisions of the General Principles of the Civil
Law of the People’s Republic of China and the Contract Law of the People’s
Republic of China, it is agreed as follows as a supplement to the Realty Lease
Contracts with reference numbers of DC-ZW-TD-012, DC-ZW-TD-030, TD0196,
DC-ZW-TD-04, DC-ZW-TD-05, DC-ZW-TD-06, DC-ZW-TD-07, DC-ZW-TD-20 and TD0131 which
are signed between Party A and each of Party B, Party C, Party D, Party E, Party
F, Party G, and Party H.
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1.
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Party
B, Party C, Party D, Party E, Party F, Party G, and Party H shall jointly
lease from Party A rooms 01/02/03/10/11 on the 7th
floor, the entire 8th
floor, the 32nd
floor, the 33rd
floor and the 35th
floor of the Tengda Plaza owned by Party A for the purpose of office use.
Party A has signed Realty Lease Contracts with each of Party B, Party C,
Party D, Party E, Party F, Party G, and Party H, i.e. Realty Lease
Contracts No. DC-ZW-TD-012/DC-ZW-TD-030/TD0196 (under which Party B is the
Lessee), Realty Lease Contract No. DC-ZW-TD-04 (under which Party C is the
Lessee), Realty Lease Contract No. DC-ZW-TD-05 (under which Party D is the
Lessee), Realty Lease Contract No. DC-ZW-TD-06 (under which Party E is the
Lessee), Realty Lease Contract No. DC-ZW-TD-07 (under which Party F is the
Lessee), Realty Lease Contract No. DC-ZW-TD-20 (under which Party G is the
Lessee) and Realty Lease Contract No. TD0131 (under which Party H is the
Lessee).
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2.
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As
Party B, Party C, Party D, Party E, Party F, Party G, and Party H jointly
lease the office premises from Party A, Party B, Party C, Party D, Party
E, Party F, Party G, and Party H shall all assume relevant obligations to
Party A. After the negotiation among Party A, Party B, Party C, Party D,
Party E, Party F, Party G, and Party H, it is jointly agreed as
follows:
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1
Joint and
Several Liability Agreement
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(1)
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if
any of Party B, Party C, Party D, Party E, Party F, Party G and Party H
breaches the relevant provisions under the applicable Realty Lease
Contract, and such breaching party fails to correct the breach within 14
working days after the receipt of the written notification from Party A
regarding such breach, Party B, Party C, Party D, Party E, Party F, Party
G, and Party H shall be held liable to Party A jointly and severally and
Party A has the right to claim against any or all of the parties. Party B,
Party C, Party D, Party E, Party F, Party G, and Party H shall
unconditionally comply with the relevant Realty Lease Contract signed
between Party A and the breaching party and compensate Party A for the
relevant losses;
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(2)
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if
any of Party B, Party C, Party D, Party E, Party F, Party G and Party H
fails to make the relevant payment (including, without limitation, the
rental and property management charges) in a timely manner according to
the terms of the relevant Realty Lease Contract, or any of Party B, Party
C, Party D, Party E, Party F, Party G and Party H unilaterally terminates
the relevant Realty Lease Contract, any other party shall make payment to
Party A regarding the rental, property management charges, and other
payable expenses according to the amount and payment term of the same as
provided in the Realty Lease Contract signed between Party A and the
breaching party, until the lease term of any of Party B, Party C, Party D,
Party E, Party F, Party G and Party H is expired. If any of Party B, Party
C, Party D, Party E, Party F, Party G and Party H fails to make a payment
on schedule and none of the other parties has paid the payment due in a
timely manner, it shall be deemed that Party B, Party C, Party D, Party E,
Party F, Party G and Party H have breached the contract, and Party A
therefore has the right to terminate the Realty Lease Contracts signed
with Party B, Party C, Party D, Party E, Party F, Party G and Party H and
withhold the Deposits paid by Party B, Party C, Party D, Party E, Party F,
Party G and Party H as liquidated damages. If such Deposits are not
sufficient to compensate for Party A’s losses, Party A has the right to
claim the deficiency from any and all of Party B, Party C, Party D, Party
E, Party F, Party G and Party H;
and
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(3)
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during
the lease term, none of Party B, Party C, Party D, Party E, Party F, Party
G and Party H shall be allowed to add a lessee to jointly lease the
Premises.
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3.
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The
agreement signed between Party A on the one part and Party B, Party C,
Party D, Party E and Party F on the other part as of May 12, 2008 shall be
automatically terminated upon the effective date of this
Agreement.
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4.
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This
Agreement is a supplement to each of Realty Lease Contracts No.
DC-ZW-TD-012/DC-ZW-TD-030/TD0196 (under which Party B is the Lessee),
Realty Lease Contract No. DC-ZW-TD-04 (under which Party C is the Lessee),
Realty Lease Contract No. DC-ZW-TD-05 (under which Party D is the Lessee),
Realty Lease Contract No. DC-ZW-TD-06 (under which Party E is the Lessee),
Realty Lease Contract No. DC-ZW-TD-07 (under which Party F is the Lessee),
Realty Lease Contract No. DC-ZW-TD-20 (under which Party G is the Lessee)
and Realty Lease Contract No. TD0131 (under which Party H is the Lessee),
and shall have equal legal effect as the above nine Realty Lease
Contracts. If there is any conflict between the terms of this Agreement
and the terms of any of the above Realty Lease Contracts, the terms of the
Agreement shall prevail.
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2
Joint and
Several Liability Agreement
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5.
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This
Agreement is made in sixteen original copies, of which each of Party A,
Party B, Party C, Party D, Party E, Party F, Party G and Party H shall
keep two and all of which shall have equal legal effect. The Agreement
shall take effect on the date when all the parties have signed or sealed
the same.
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Party
A: Beijing Gaoling Estate Development Co., Ltd.
Legal
Representative or Authorized Representative: (signature)
Dated:
August 28, 2008
Party
B: Beijing AirInbox Information Technologies, Co., Ltd.
Legal
Representative or Authorized Representative: (seal)
Dated:
August 28, 2008
Party
C: Beijing Boya Wuji Technologies Co., Ltd.
Legal
Representative or Authorized Representative: (seal)
Dated:
August 28, 2008
Party
D: Beijing Wireless Interactive Network Technologies Co., Ltd.
Legal
Representative or Authorized Representative: (seal)
Dated:
August 28, 2008
3
Joint and
Several Liability Agreement
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No Content, Signature Page -
Party
E: Beijing Xinrui Network Technologies Co., Ltd.
Legal
Representative or Authorized Representative: (seal)
Dated:
August 28, 2008
Party
F: KongZhong China
Legal
Representative or Authorized Representative: (seal)
Dated:
August 28, 2008
Party
G: Beijing Chengxitong Information Technologies Co., Ltd.
Legal
Representative or Authorized Representative: (seal)
Dated:
August 28, 2008
Party
H: KongZhong Information Technologies (Beijing) Co., Ltd.
Legal
Representative or Authorized Representative: (seal)
Dated:
August 28, 2008
4
