Exhibit 10.1
LEASE CONTRACT
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Lessor:
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China
Electronic Information Industry Group Corporation (“ Party
A ”)
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Registration Domicile:
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Beijing,
China
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Legal Representative:
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Xiong
Qunli
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Address:
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27, Wanshou
Road, Haidian District, Beijing
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Telephone No:
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+(8610)
6217-1563
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Fax No:
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+(8610)
6250-1885
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Lessee:
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AsiaInfo
Technology (China) Inc. (“ Party B ”)
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Registration Domicile:
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Beijing,
China
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Legal Representative:
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Zhang,
Zhenqing
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Address:
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4/F Zhongdian Information Tower, No.6
Zhongguancun
South Street, Haidian District
Beijing 100086, P.R.
China
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Telephone No:
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+(8610)
8216-6688
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Fax No:
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+(8610)
8216-6688
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1. SUBJECT MATTER FOR
LEASE.
1.1 Party A agrees to lease to
Party B under good status the third, fourth and sixth (606-607,
609-612) floors of China Electronic Information Building with the
aggregated area under the lease eight thousand and sixty-eight
point ninety-five square meters (8068.95 m² ) (which is gross
area, including shared area for common use), with the particular
position as delineated by the red lines on the drawing of
Appendix I .
1.2 Interior decoration:
Decorated.
1.3 The premises mentioned
above shall only be used for office purpose.
2 LEASE TERM.
2.1 The premises mentioned
above shall be of a lease term commencing from December 1,
2008 and ending on November 30, 2010. In principle, Party B
may not terminate the lease between December 1, 2008 and
November 30, 2009. In case Party B wishes, during the valid
term of this Contract, to withdraw early from the lease, it shall
notify Party A in writing three (3) months in advance and also
pay Party B a liquidated damages as follow: (a) an amount
equivalent to the sum of four (4) months’ rent in case
to withdraw during December 1, 2008 to November 30, 2009;
(b) an amount equivalent to the sum of three
(3) months’ rent in case to withdrawal during
December 1, 2009 to November 30, 2010.
2.2 In case Party A wishes,
during the valid term of this Contract, to withdraw early from the
lease, it shall notify Party A in writing three (3) months in
advance and also pay Party B a liquidated damages as follow:
(a) an amount equivalent to the sum of four
(4) months’ rent in case to withdraw during
December 1, 2008 to November 30, 2009; (b) an amount
equivalent to the sum of three (3) months’ rent in case
to withdrawal during November 30, 2009 to November 30,
2010. Party A shall also return to Party B the rent which is
already paid but not actually incurred.
2.3 Upon expiration of the
lease term, Party A shall have the right to take back the premises
under the lease and Party B shall return the premises timely. In
the event that Party B wishes to renew the lease, Party B shall
handle the renewal procedures with Party A three (3) months
prior to the expiration of this Contract.
3 RENT AND
PAYMENT.
3.1 During the lease term, the
leasing price shall be two point eight Renminbi (RMB 2.8) per
square metre for each day (which is gross area, not including
property management fee), with the lease term to be calculated
according to calendar days.
3.2 Payment of the rent shall
be paid per three months (“ Payment Period ”)
from the date of this Contract, with the whole rent to be paid in
four (4) installments and each installment to be paid by Party
B to Party A during the 16th to 25th of the first month every
Payment Period.
4 SECURITY
DEPOSIT.
Party A waives any security deposit
payments from Party B.
5 MANAGEMENT FEES AND
OTHERS.
5.1 All the fees during the
lease term in connection with the premises mentioned above for
electricity, deposit of telephone lines, telephone and charges in
connection with the lease and use of the premises mentioned above
shall be paid by Party B in full amount and timely according to the
provisions and requirements of the Building Property Management
Company (the “ Company ”) or other relevant
departments.
5.2 Any taxes and fees payable
by the owner of the premises mentioned above (Party A) according to
the laws or relevant provisions in connection with the lease of the
premises mentioned above shall be paid by Party A.
6 PARTY A’S RIGHTS AND
OBLIGATIONS.
6.1 In the event of default by
Party B of this Contract, Party A may authorize, with no further
notice otherwise, the Company to procure the rectification by Party
B of its default and its compensation of corresponding
losses.
6.2 During the three
(3) months prior to the expiration of the lease term, Party A
may enter the premises with any person who has the intention to
lease the premises for the purpose of inspection, subject to
notification to Party B and obtaining Party B’s
agreement.
6.3 In the event that Party B
has not removed all or any part of its own private property or
self-installed equipment and articles out of the premises within
five (5) days of the expiration or termination and discharge
of this Contract, Party A will charge Party B an extra rent for the
delay according to the actual days elapsed.
6.4 In the event of any damages
to the leased property which are not attributable to Party B and
which prevents Party B’s ordinary use, Party A shall assume
the cost for the maintenance. When such damage occurs, Party A
shall fix and eliminate the damage in three (3) business day
after the damage occurred, or as mutually agreed upon between Party
A and Party B. If Party A refuses to fulfill its obligations
pursuant to this Section 6.4, Party B may either repair the
damages or terminate the lease without any further obligations.
Party A shall borne all cost related to such repair, and Party B
could use the receipt of repair fee to offset the rent. If the
lease is terminated pursuant to this Section 6.4, Party A
shall return to Party B the rent which is already paid but not
actually incurred, plus any other expenses and/or
damages.
6.5 Party A shall
decl
