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EXHIBIT 4.37
EQUIPMENT LEASE AGREEMENT
Between
HANGZHOU BIANFENG NETWORKING TECHNOLOGY 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 on this
28th
day of December, 2004 by and
between Hangzhou Bianfeng Networking Technology
Co., Ltd. ("Bianfeng"), 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 Bianfeng 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 Bianfeng as
requested
by Bianfeng 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 Bianfeng, and Bianfeng 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, Bianfeng 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 Bianfeng
to Shengqu under this Agreement shall be 4.2%
of the
original value of the leased Equipment per month (the "