Exhibit 10.1
Lease Agreement Between
Catalyst Semiconductor (Thailand) Co., Ltd.
and
Stars Microelectronics (Thailand) Public
Company Limited
1.
Parties
This Lease is made and entered into this 01st
day of March, 2007 by Stars Microelectronics (Thailand) Public
Company Limited, hereinafter referred to as “Landlord”
and the Catalyst Semiconductor (Thailand) Co., Ltd. hereinafter
referred to as “Tenant.”
2.
Premises
Landlord hereby leases to Tenant and Tenant
hereby leases from Landlord, on the terms and conditions
hereinafter set forth, that certain real property commonly known as
Stars Microelectronics factory II, Bangpa-in, with approximately 73
square meters at initial phase and expanding to 836 square meter at
full phase as per following schedule, hereinafter called the
“premises.”
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Total
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Store
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Office
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10K
Class Operation
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100K
Class Operation
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General
Support
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Phase I
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73
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—
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20
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53
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—
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—
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1
March 2007
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Phase II
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789
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100
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152
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53
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368
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116
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1
Sept 2007
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Phase III
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836
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100
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152
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100
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368
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116
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1
April 2008
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3.
Term
The
term of this Lease shall be for 5 years commencing on
March 1st, 2007, and ending on March 1st 2012 unless sooner
terminated pursuant to any provisions hereof by mutual agreement in
written form.
4.
Rent
Tenant shall pay to Landlord as rent for the
premises, monthly payments in advance on the fifteenth day of each
month as follows:
374,775 Baht/month for
initial phase or 475 Baht/month x actual space arranged for
Tenant.
Rent shall be payable in lawful money of Thai
Baht to Landlord at:
Stars Microelectronics
(Thailand) Public company limited, Bangpa-in industrial estate
(EPZ) 586 moo2, Tambol Klongjig, Amphur Bangpa-in, Avudthaya 13160,
Thailand.
or
at such other places as Landlord may designate in
writing
5.
Security
Deposit
Tenant shall deposit with Landlord upon
execution hereof, one months rent of 374,775 Baht/month for initial
phase or 475 Baht/month x actual space arranged for Tenant as
security for Tenant’s faithful performance of Tenant’s
obligations hereunder. If Tenant fails to pay rent or other
charges due hereunder, or otherwise defaults with respect to any
provision of this Lease.
Landlord may use, apply or retain all or any
portion of said deposit for the payment of any rent or other charge
in default or for the payment of any other sum to which landlord
may become obligated by reason of Tenant’s default, or to
compensate Landlord for any loss or damage which Landlord may
suffer thereby.
If
Tenant performs all of Tenant’s obligations hereunder, said
deposit, or so much thereof as has not theretofore been applied by
Landlord, shall be returned, without payment of interest or other
increment for its use, to Tenant at the expiration of the term
hereof, and after Tenant has vacated the premises.
No
trust relationship is created herein between Landlord and Tenant
with respect to said security deposit.
6.
Use
The
premises shall be used and occupied for Tenant’s office,
storage and operation and related purposes.
7.
Insurance
Tenant at its sole cost and expense shall
maintain public liability and property damage insurance in the
amount of 5,000,000 Baht insuring against all liability of Tenant
and its authorized representatives arising out of and in connection
with Tenant’s use or occupancy of the premises.
Both Landlord and Tenant shall be named as
additional insured.
Upon execution of this Lease, Tenant is
responsible for providing to the Landlord a copy of the Certificate
of lnsurance specifying the above condition.
8.
Water,
Utilities, and Trash Collection
Landlord shall provide water, VAC (ventilation
& air conditioning), lighting, Trash collection, pest control,
and other utility services supplied to the Premises, together with
any taxes thereon and for all connection charges. These costs
are included as part of the Tenants monthly rental
cost.
Tenant shall pay for the monthly electricity,
N2, used for machine utilization.
Tenant shall pay the monthly cost for all
telephone and other services as per Tenant
requirements.
2
9.
Maintenance and
Repairs
(a)
Landlord’s Responsibility
Except for damages caused by any negligent or
intentional act or omission of Tenant
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