EXHIBIT 4.56
SUPPLEMENTAL AGREEMENT NO. 3 TO THE PREMISES LEASE AGREEMENT NO. TD0130
Landlord: Beijing GaoLing Estate Development Co. Ltd.
Tenant: Beijing AirInbox Information Technologies Co., Ltd.
The Premises Lease Agreement No. TD0130 (the "Lease Agreement") between the
Landlord and the Tenant shall expire on May 27, 2006. For the purpose to renew
the Tenant's lease of the 32nd and 33rd Floors of the Tengda Tower, the parties
hereto have entered into the following agreement (the "Supplemental Agreement")
after friendly negotiations:
1. Effective on May 28, 2006, Section 2 of Article I of the Lease Agreement
shall be revised as: The term of the premises lease shall be one year, starting
from May 28, 2006 to May 27, 2007.
2. Effective on May 28, 2006, 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 amount for each month shall be RMB 390,096.00 yuan. 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
foresaid payments on time as required by the Lease Agreement, the Tenant shall
pay the Landlord a late fee of 0.002% of the total due amount per day.
3. Section 11 of Article I shall be deleted.
4. The Landlord agrees to lease to the Tenant an advertisement board of 93.15
square meters on the top of the Tengda Tower (the "Ad Board") for the Tenant's
business purposes. Hence both parties hereto agree as follows:
4.1 Lease term of the Ad Board: From May 28, 2006 to May 27, 2007. In the
event that the lease period set forth in the Lease Agreement is changed, the
term for the Ad Board shall be changed accordingly. Upon the expiration or
termination of the Lease Agreement, the Landlord shall stop providing the Ad
Board and any related service.
4.2 The lease fee for the Ad Board shall be RMB 100,000.00 yuan (RMB One
Hundred Thousand yuan) a year. The lease fee shall be paid in advance. The
Tenant shall deliver to the Landlord ten days before May 28, 2006 the whole
amount for the entire lease period. The payment shall not be deemed as made
until the Landlord receives the whole amount. In the event that the Tenant fail
to make the due payment after ten days, the Landlord may take back the use right
of the AD Board and hence the provisions relating the Ad Board shall become
void.
4.4 The production of the Ad Board: The Tenant shall be responsible for all
designing, production, installation, maintenance and related expenses of the Ad
Board. In order to keep the consistency of the Tower's appearance, any
advertisement designs and production plans shall be required to be pre-approved
by the Landlord.
4.5 The Tenant shall bear the cost of the electricity consumed by the Ad
Board. If an increase of power capacity is necessary, the Tenant shall bear the
related cost. The Landlord shall check the actual use volume on a monthly basis
and the Tenant shall pay the monthly electricity xxxx within seven days after
the monthly invoice is received from the Landlord.
4.6 During the usage of the Ad Board, the Tenant shall promptly fix any
functional problems. For the purpose to keep the Tower's good appearance, the
Landlord may temporarily cut off the power for the Ad Board until the Ad Board
is fully repaired by the Tenant.
4.7 The Tenant shall be responsible for any content approval, annual review
and any other necessary process required for the Ad Board.
4.8 During the lease period of the Ad Board, in the event that any changes
in any applicable laws or government rules result in termination of the lease
term, both parties shall negotiate on the situation and the Landlord shall not
bear the responsibility for a default under such circumstances, while the
Landlord shall return to the Tenant a portion of the lease fee for the Ad Board
consequently.
5. During the lease period, the Landlord shall provide the Tenant four parking
spaces free of charge on second basement floor of the Tengda Tower. In the event
that the lease period set forth in the Lease Agreement is changed, the term for
the four parking spaces shall be changed accordingly. Upon the expiration or
termination of the Lease Agreement, the Landlord shall stop providing such
parking spaces and any related service.
6. The Landlord shall provide best assistance when the Tenant takes the Tengda
Tower as its business address for corporation registration or other business
license registrations.
7. As a supplement and amendment to the Lease Agreement, 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 as
effective.
8. 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: April 16, 2006
Tenant: Beijing AirInbox Information Technologies Co., Ltd.
Legal Representative or Trustee: Wang Guijun (Signature) (Corporate Seal)
Dated: April 14, 2006
