Exhibit 4(r)
Lease Agreement for Factory Building
This lease agreement (hereinafter referred to as the "Agreement") is made
and entered into by and between Advanced Semiconductor Engineering Inc.
(hereinafter referred to as "Party A") and ASE Test Inc. (hereinafter referred
to as "Party B").
Party A hereby leases 11/F and part of 10/F of the factory building
located at 00, Xxxx Xxxxx Xxxx, Xxxxxx Export Processing Zone, Kaoshiung City
to Party B. The Agreement is hereby entered into as follows:
1. 1) Leased Land Designation: 11/F and part of 10/F of the factory
building located at 00, Xxxx Xxxxx Xxxx, Xxxxxx Export
Processing Zone, Kaoshiung City (Construction No.:01444-000, Lot
No.:0723-0000 of 2nd Subsection of Hoping Section of Xxxxxx
District). Area: 7,527m2, with facilities attached.
2) Rental Charge: NT$480,000.00 per month, with business tax
excluded.
2. The rental period shall be one year from October 1, 2000 to September
30, 2001.
3. In view of the existing factory building and the facilities attached
thereto, apart from the structural fixtures (inner and outer walls,
floors, existing water pipes and electricity circuits) of the
building to be responsible by Party A, Party B shall be responsible
for the maintenance of the building and repair any damages incurred
thereto.
4. Both Party A and Party B agree that the date from which the
calculation of the rental shall start is the date hereof.
5. In case where Party B adds other necessary production facilities to
the premise, such facilities will be in the possession of Party B,
who shall remove such facilities from the premise and return the same
to Party A upon expiry of the lease term at its existing conditions.
Party B shall not engage in any work involving the structural
alteration of the building during the term of the lease without the
permission of Party A.
6. Upon the commencement of the lease term, Party A shall bear all
charges relating to the water and electricity meters and water and
electricity consumption. Thereafter Party A shall calculate each
party's pro rata share of the charges according to their own water
and electricity meters and, in the absence of an express charge
attribution, according to the usage ratio of the leased area of each
party and shall collect from Party B its share of the charges. Party
A shall pay the land rent and property tax.
7. From the date hereof, Party A shall promptly submit to Party B any
information needed for the application to the relevant entities (e.g.
management office, power company etc.) for the alteration of user's
name.
8. Party A shall issue to Party B an invoice each month during the lease
term and Party B shall remit the rental of the immediately preceding
month to the company account designated by Party A within 10 days
upon receipt of the invoice.
9. Party A warrants that it has the legal proprietary right to the
leased premise which it hereby leases to Party B and that Party B's
leasehold interest in the leased premise shall not in any way be
affected by any other encumbrance created by Party A or any other
events, otherwise Party A shall compensate Party B for any loss
incurred thereon and pay Party B an amount equal to three month's
rental.
10. The leased premise is possessed by Party A, who shall buy property
insurance for it and Party B shall buy insurance for its own movables
and facilities inside the premise.
11. If Party B fails to pay the rental when due, it shall pay additional
fines as below:
1) an additional default amount of 5% of the rental for an overdue
more than one month and less than two months;
2) an additional default amount of 10% of the rental for an overdue
more than two months and less than three months;
3) forfeiture of the deposit and termination of the Agreement for
an overdue more than three months.
12. The deposit of the Agreement shall be NT$1,000,000.00, to be remitted
by Party B on the commencement date of the lease term to the bank
account designated by Party A. Such amount shall be returned without
interest by Party A to Party B upon expiry of the lease term.
13. Upon expiry of the Agreement and under reasonable conditions, Party B
shall have preferred rights to lease or purchase the leased premise.
In case where Party B demands early termination before the expiry of
the Agreement, it shall give three month's prior written notice to
Party A and shall pay Party A an amount equal to three months' rental
upon the early termination as a compensation provided that Party A
shall return the deposit without interest to Party B. The above
condition shall also apply to Party A if it demands an early
termination.
14. If Party A demands early termination within nine months from the
commencement for the lease term, Party A shall, in addition to the
amount equal to three months' rental, pay Party B such amount equal
to the value shown in Party B's account regarding all refurbishing,
partition, renovation work done within the lease term.
15. The Agreement is in duplicates, each of which shall be held by Party
A and Party B respectively. The Agreement shall become effective from
the date hereof. Any disputes arising from the Agreement shall, in
the first instance, be governed by the local court of Kaoshiung.
Contracting Party (Party A)
Advanced Semiconductor Engineering Inc.
Supervisor: Xxxx Xxx-xxxx
Address: 00, Xxxx Xxxxx Xxxx, Xxxxxx Export Processing Zone,
Kaoshiung City
Contracting Party (Party B)
ASE Test Inc.
Supervisor: Xxxxx X.X. Xxxxx
Address: 00, Xxxx Xxxxx Xxxxxx, Xxxxxx Export Processing Zone,
Kaoshiung City
September 18, 2000
