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EXHIBIT 4.36
EQUIPMENT LEASE AGREEMENT
Between
NANJING SHANDA 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
Shanda Networking Co., Ltd. ("Nanjing Shanda"), 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 Shanda 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 Shanda
as
requested by Nanjing Shanda 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 Shanda, and Nanjing Shanda
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 Shanda 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
Shanda to Shengqu under this Agreement shall
be 4.2% of
the original value of the leased Equipment per month
(the
"Rent").
Nanjing Shanda shall pay