SUPPLEMENTAL AGREEMENT NO. 3 TO THE PREMISES LEASE AGREEMENT NO. TD0131 (Translated from Chinese)
Exhibit
4.61
SUPPLEMENTAL
AGREEMENT XX. 0 XX XXX XXXXXXXX XXXXX XXXXXXXXX XX. XX0000
(Translated
from Chinese)
| Landlord: |
Beijing
GaoLing Estate Development Co. Ltd.
|
| Tenant: |
Kongzhong Information
Technologies (Beijing) Co., Ltd.
|
The
Premises Lease Agreement No. TD0131 (the “Lease Agreement”) between the Landlord
and the Tenant shall expire on May 27, 2007. For the purposes of renewing the
Tenant’s lease of the whole 35th Floor of the Tengda Tower, the parties hereto
have entered into the following agreement (the “Supplemental Agreement”) after
friendly negotiations:
|
1.
|
Effective
on May 28, 2007, Section 2 of Article I of the Lease Agreement shall
be
revised as: The term of the premises lease shall be one year and
three
months, starting from May 28, 2007 to August 27,
2008.
|
|
2.
|
Effective
on May 28, 2007, Section 3 of Article I of the Lease Agreement shall
be
revised as: The rent for the premises shall be RMB 3.20 yuan per
square
meter per day. The maintenance fee shall be RMB 1.00 yuan per square
meter
per day. The total rental for each month shall be RMB 189,504.00
including
maintenance fees. Each month shall be calculated as 30 days. The
rent and
maintenance fee shall be paid in advance on a monthly basis. The
Tenant
shall deliver to the Landlord the rent and maintenance fee for the
next
rent period ten days before each rent period begins. (Each rent period
is
from the 28th day of a month to the 27th day of the following month.)
The
payment shall not be deemed as made until the Landlord receives the
full
amount. In the event that the Tenant fails to deliver the aforesaid
payments on time as required by the Lease Agreement, the Tenant shall
pay
the Landlord a late fee of 0.02% of the total due amount per
day.
|
|
3.
|
Free
Leasing Period: 90 days commencing from August 28th, 2007 to September
26th, 2007 and from January 28th, 2008 to March 27th, 2008. During
the
free leasing period, the tenant shall pay RMB 1.00 Yuan/day/Sq.M.
as the
management fee and other related fees. If the Lease Agreement is
terminated before the expiration, the tenant shall not be entitled
to the
free leasing period. Any free leasing period that occurs after termination
of the Lease Agreement and that has not been enjoyed by the tenant
shall
no longer be effective, and the landlord shall not compensate the
tenant.
The tenant shall make up for all the renting fee according to the
stipulated rental of the Lease Agreement if the Lease Agreement is
terminated by the tenant before the expiration of the renting term
or is
terminated for any reason that is attributable to the
tenant.
|
|
4.
|
During
the lease term the landlord shall provide tenant with three parking
places
in the second underground parking area in the Tengda Building without
charging any fee. If there is any change in the term of the Lease
Agreement, the term of free use of the parking place shall be adjusted
according to such change. If the term of the Lease Agreement has
expired
or is terminated before expiration, the landlord will not provide
the
aforesaid free parking place and related services to the tenant.
If the
tenant reduces the lease area, the parking places shall be reduced
accordingly. The free parking places will be supplied from the date
this
contract is signed.
|
|
5.
|
Based
on the current condition of the leased area, the area shall be in
a nice
re-leasable situation except for the natural wear and tear when the
lease
period is over. With regards to the installation by the tenant of
roof-inhaled air-condition, the tenant shall restore the ceiling
and
air-condition system back to the original status when the tenant
returns
the leased area, and the expenses shall be borne by the
tenant.
|
|
6.
|
As
a supplement and amendment to the Lease Agreement No. TD0131, this
Supplemental Agreement is of equal legal effects. Should there be
any
conflict between this Supplemental Agreement and the Lease Agreement,
this
Supplemental Agreement shall prevail while all other provisions of
the
Lease Agreement shall remain
effective.
|
|
7.
|
This
Supplemental Agreement shall have two original copies, with each
party
hereto holding one copy. It shall become effective upon the execution
by
each party hereto.
|
Landlord:
Beijing GaoLing Estate Development Co. Ltd.
Legal
Representative or Trustee: Sun Jianghai (Signature) (Corporate
Seal)
Dated:
Xxxxx 00, 0000
Xxxxxx:
Kongzhong Information Technologies (Beijing) Co., Ltd.
Legal
Representative or Trustee: Wang Guijun (Signature) (Corporate Seal)
Dated:
March 22, 2007
