Exhibit 10.28
SOCIALIST REPUBLIC OF
VIETNAM
Independence - Freedom -
Happiness
CONTRACT FOR LEASING
OFFICE
No.: 08/2008/HDTVP
Pursuant to the Civil Code No.33/2005/QH11
passed by the 11th National Assembly of the Socialist Republic of
Vietnam, Section 7 in June 14 th ,
2005.
Pursuant to the Commercial Law No.36/2005/QH11
passed by the 11th National Assembly of the Socialist Republic of
Vietnam, Section 7 in June 14 th ,
2005.
Pursuant to the Decision No. 9885/QD-UBND dated
December 13 th ,
2007 from The People’s Committee of Da Nang City on
establishing Da Nang Information and Communication Technology
Infrastructure Development Center.
Pursuant to the Investment Licence No.
322043000100 issued by Danang Industrial and
Export Processing Zone Authority, certified at first on August
20 th
, 2008.
Based on the Offer to lease of DOT VN Company
Limited (in Danang) signed on September 18 th ,
2008.
Today, dated on November 17
th , 2008 at the Office of Da Nang Information and
Communication Technology Infrastructure Development Center, we sign
the Contract for leasing office at Software Park Tower with the
following contents:
I/
THE LESSOR : (PARTY A herein)
DA NANG INFORMATION AND
COMMUNICATION TECHNOLOGY INFRASTRUCTURE DEVELOPMENT
CENTER
|
Representative :
|
Mr.
Nguyen Quang Thanh
|
Position :
Director
|
|
|
Mr. Vo
Ngoc Son
|
Position :
Accountant
|
|
Head
office :
|
No.2 Quang
Trung, Hai Chau District, Da Nang City, Viet Nam
|
|
Telephone :
|
|
-
Fax:
|
|
Tax code
:
|
|
|
|
Account
No. :
|
|
|
II/
THE LESSEE : (PARTY B herein)
DOT VN COMPANY
LIMITED
|
Representative :
|
Mr.
Phuoc Lee Johnson
|
Position :
Chief Executive Officer
|
|
Position
:
|
General
Director
|
Position :
Accountant
|
|
Head
office :
|
Slot 47, Danang
Industrial Zone, Son Tra Dist, Danang, Vietnam.
|
|
Telephone :
|
|
Fax:
|
|
Tax code
:
|
|
|
|
Account
No. :
|
|
|
|
Passport
No :
|
Date of
issue:
|
Place of
issue:
|
|
Cellphone :
|
|
Email:
|
Exhibit 10.28
CONTENT OF THE
CONTRACT
Article
1 :
Area, Position and Duration of leasing
1.1. Area of leasing: Party A rents office
ground out to Party B with an area of 95 m
2 , position E , floor
9 of the Software Park Tower - 02 Quang Trung, Hai
Chau District, Da Nang City.
1.2. Duration of leasing : 02 (two) years (
as from 01/01/2009 to 31/12/2010)
Article
2 :
Purpose of leasing office and Operation field
- Purpose of leasing office : Operate project
office to build Internet Data Center (IDC), Information and
Communication Technology transaction.
- Operation field : Information and
Communication Technology & Internet and specific fields
registered in the Investment Licence.
Article
3 :
Price of leasing office and Payment method
3.1. Price of leasing office :
15.50 USD/m 2 /a
month (not included VAT)
(In words : Fifteen US dollars and fifty cent
per square meter per a month)
Price of leasing office is inclusive of the
contents indicated at Item 1.2 - Article 1 and Item 5.3 - Article 5
of the contract.
- Payment period: Payment is made by once three
months within 30 (thirty) first days of its
payment period which is applied during leasing time.
- Payment method: Party B makes payment of
Vietnam dong for Party A in cash or by transfer according to sale
price at Joint Stock Commercial Bank for Foreign Trade of Viet Nam
- Da Nang Branch at the payment time.
Da Nang Information and Communication
Technology Infrastructure Development Center
Head office : No.2 Quang Trung, Hai Chau, Da
Nang City - Viet Nam
3.3. Office leasing money is as from
January 01 st , 2009.
Exhibit 10.28
3.4. Periodic payment value:
- Value without tax for 03 months:
|
|
95 m
2 x 15.50 USD/ m 2 /
month x 03 months
|
=
4,417.50 USD
|
|
|
- VAT ( 10%):
4,417.5 USD x 10%
|
=
441.75 USD
|
|
|
Total of
payment value for 03 months
|
=
4,859.25 USD
|
( In words: Four thousand, eight hundred
fifty-nine and twenty-five cent./.)
The total of periodic payment value of the
Contract for every three (03) months depends on
the time of payment.
Party B leaves a deposit to Party A equivalent
to 02 (two) month-leasing money (not including
VAT) in cash or by transfer . In case of Viet Nam dong deposit USD
rate is counted by sale price at Joint Stock Commercial Bank for
Foreign Trade of Viet Nam - Da Nang Branch at deposit
time.
15.50 USD x 95 m 2 x
02 months = 2,945 USD
(In words : Two thousand, nine
hundred and fourty-five US dollar./.)
- Equivalent to Viet Nam dong :
49,602,635 VND
(In words : Fourty-nine million,
six hundred and two thousand and six hundred and thirty-five Viet
Nam dong./.) )
Foreign Exchange Rate is 16,843
VND/ 1 USD on 05/11/2008.
Article
5 :
Responsibilities and obligations of Party A
5.1. Handing over ground of leased office
according to its area indicated at Item 1.1-Article 1 of the
contract and equipments and technical material facilities installed
according to party B’ leased area (Report on handing over
premises/property).
5.2. Ensuring that Party B has right to use
leased area.
5.3. Ensuring to provide with full utilities and
services are included in leasing price
following:
- Equipments is installed including:
electricity, air-conditio