50 of the Top 250 law firms use our Products every day
Exhibit 4.53 ALLEN & GLEDHILL ADVOCATES
& SOLICITORS
--------------------------------------------------------------------------------
Dated 31 December 2004 SINGAPORE TECHNOLOGIES PTE LTD and TERRA
INVESTMENTS PTE. LTD. and CHARTERED SEMICONDUCTOR MANUFACTURING LTD
NOVATION AGREEMENT ALLEN & GLEDHILL ONE MARINA BOULEVARD #28-00
SINGAPORE 018989 Private Lot A12787(e) TABLE OF CONTENTS
|
CONTENTS PAGE 1.
INTERPRETATION........................................................1
2. SECURITY
DEPOSIT......................................................2 3.
NEW LANDLORD'S
UNDERTAKINGS...........................................2 4.
TENANT'S
UNDERTAKINGS.................................................3 5.
COSTS AND
EXPENSES....................................................3 6.
CONTRACTS (RIGHTS OF THIRD PARTIES)
ACT...............................3 7. GOVERNING
LAW.........................................................3
|
|
|
--------------------------------------------------------------------------------
i Private Lot A12787(e) THIS AGREEMENT is made on 31 December 2004
BETWEEN: (1) SINGAPORE TECHNOLOGIES PTE LTD, a company incorporated
in Singapore and having its registered office at 51 Cuppage Road
#09-01 StarHub Centre Singapore 229469 (the "ORIGINAL LANDLORD");
(2) TERRA INVESTMENTS PTE. LTD. a company incorporated in Singapore
and having its registered office at 60B Orchard Road #06-18 Tower 2
The Atrium @ Orchard Singapore 238891 (the "NEW LANDLORD"); and (3)
CHARTERED SEMICONDUCTOR MANUFACTURING LTD, a company incorporated
in Singapore and having its registered office 60 Woodlands
Industrial Park D Street 2 Singapore 738406 (the "TENANT").
WHEREAS: (A) By the Lease (as defined below), the Original Landlord
leased to the Tenant the Premises (as defined below) for the Term
(as defined below), subject to the compliance by the Tenant of the
tenant's obligations and the conditions contained in the Lease. (B)
By an Agreement (as defined below) made between the Original
Landlord and the New Landlord, the Original Landlord agreed to sell
/ transfer to the New Landlord the Premises together with the
benefit of and subject to the Lease. (C) The Original Landlord
wishes to be released and discharged from further performance of
the Lease and the Tenant has agreed to release and discharge the
Original Landlord subject to the New Landlord's agreement to
perform the Lease and to be bound by the terms of the Lease in
place of the Original Landlord on the terms and conditions set out
below. IT IS AGREED as follows: 1. INTERPRETATION 1.1 Definitions
The following definitions apply unless the context requires
otherwise: 1.1.1 "AGREEMENT" means collectively the (1) a Sale and
Purchase Agreement dated 15 December 2004 made between the Original
Landlord and the New Landlord and (2) a letter of nomination dated
31 December 2004 issued by Temasek Holdings (Private) Limited, a
company incorporated in the Republic of Singapore and having its
registered office at 60B Orchard Road #06-18 Tower 2, The Atrium @
Orchard Singapore 238891 pursuant to the terms of the Sale and
Purchase Agreement, nominating the New Landlord 1.1.2 "EFFECTIVE
DATE" means 1 January 2005; 1.1.3 "LEASE" means the agreement for
sub-licence and sub-lease dated 30 July 2001 made between the
Original Landlord and the Tenant in respect of the Premises;
--------------------------------------------------------------------------------
- 1 - Private Lot A12787(e) 1.1.4 "PREMISES" means all that piece
of land known as Private Lot A12787(e) (part of Government Survey
Lot 3696K) of Mukim 13 as shown on the plan attached to the
Building Agreement dated 30 July 2001 made between Jurong Town
Corporation and the Original Landlord; 1.1.5 "PERSON" means a
person, firm, company or corporation; 1.1.6 "TERM" means a period
of 30 years (less 1 day) commencing on 1 March 2000 1
|