EXHIBIT 10.9
(TRANSLATION)
MEMORANDUM OF AGREEMENT ON AMENDMENTS
ATTACHED TO THE CONTRACT ON PERMISSION TO
ENGAGE IN BUSINESS OF SALE OF MERCHANDISE AND
SOUVENIRS AND TO LEASE PREMISES TO ENGAGE
IN BUSINESS AT THE INTERNATIONAL
PASSENGER TERMINAL OF THE BANGKOK AIRPORT
CONTRACT NO. 6-01/2536 DATED MARCH 18, 1993
AMENDMENT NO.1
THIS MEMORANDUM OF AGREEMENT is made at the Airports Authority of Thailand on
the 18th day of November 1993 between THE AIRPORTS AUTHORITY OF THAILAND by Air
Xxxxxxx Xxxxxx Kerdsindu, the Governor, hereinafter referred to as "AAT" of the
one part and J.M.T GROUP CO., LTD., a limited company incorporated under the
Civil and Commercial Code, having the head office located at 000/00 Xxx Xxxxxxx
Xxxx, Xxxxxx Phra Pinklao Road, Bang Yeekhan Sub-District, Bangkok Noi District,
Bangkok Metropolis by Mr. Viratana Suntaranond, the person authorized to act on
behalf of the company under the Affidavit issued by the Partnerships and
Companies Registration Office, Bangkok Metropolis, the Department of Commercial
Registration, the Ministry of Commerce No. 137456 dated June 15, 1993 and the
Power of Attorney No. - dated - , hereinafter referred to as the "Supplier" of
the other part.
WHEREAS AAT has permitted the Supplier to engage in the business of sale of
merchandise and souvenirs and to lease premises to operate the said business at
the International Passenger Terminal within the Bangkok Airport, under the
Contract No. 6- 01/2536 dated March 18, 1993, for a period of 5 years commencing
from April 1? 1993 to March 31, 1998; and
WHEREAS AAT permits the Supplier to lease additional premises, change the leased
premises and engage in additional businesses as follows:
a) Permission is granted to lease the premises No. 0316, having the area
of 42.50 square meters, commencing from July l, 1993.
b) Permission is granted for the installation of a mini lab and polaroid
camera in the leased premises No. 3303 B.
c) Permission is granted to change the leased premises from the area
within Pier 4 having an area of 54 square meters to the premises No.
3265S having an area of 22 square meters and No. 3265T having an area
of 7.5 square meters commencing from August l, 1993.
1
AAT and the Supplier, therefore, agree to enter into this Memorandum of
Agreement on Amendments to the Contract on Permission to Engage in Business of
Sale of Merchandise and Souvenirs and to Lease Premises to Engage in Business at
the International Passenger Terminal of the Bangkok Airport No. 6-01/2536 and
dated March 18, 1993 as follows:
Clause 1. The List Showing Details of Leased Premises, Remuneration for the
Lease and Plans of Leased Premises attached to the Contract on Permission to
Engage in Business of Sale of Merchandise and Souvenirs and to Lease Premises to
Engage in Business at the International Passenger Terminal of the Bangkok
Airport No. 601/2536 and dated March 18, 1993, shall be revoked and replaced by
the List Showing Details of Leased Premises, Remuneration for the Lease and
Plans of Leased Premises attached hereto as Appendix A.
Clause 2. The following shall be added as Clause 2.6 of Chapter 2 - Special
Provisions of the Contract on Permission to Engage in Business of Sale of
Merchandise and Souvenirs and to Lease Premises to Engage in Business at the
International Passenger Terminal of the Bangkok Airport No. 6-01/2536 and dated
March 18, 1993:
"2.6 Additional Services
2.6.1 AAT agrees to permit and the Supplier agrees to do the following
within the leased premises:
- To install a mini lab as from June 23, 1993;
- To install a polaroid camera as from October 21, 1993.
All for rendering services of taking, developing and enlarging
photographs for persons using services of the Bangkok Airport.
2.6.2 In rendering services stipulated in Clause 2.6.1, the Supplier agrees
to charge the fees therefor to AAT's personnel at the rates equal to
those of the ordinary photo shops.
2.6.3 AAT reserves the rights with respect to the engagement in the
businesses of developing and enlarging photographs(mini lab) and the
taking of polaroid photographs as follows:
2.6.3.1 The right to permit other person to engage in the business of
the mini lab and to install the polaroid camera within the
Bangkok Airport and/or to require the Supplier to cease to
operate the said businesses at any time.
2
2.6.3.2 The right to require the Supplier to reduce the rates of
services in case AAT finds that such rates are unfair to the
persons using such services."
Clause 3. Other than those stipulated in Clauses 1 and 2 hereinabove, the
stipulations of the Contract on Permission to Engage in Business of Sale of
Merchandise and Souvenirs and to Lease Premises to Engage in Business at the
International Passenger Terminal of the Bangkok Airport No. 6-01/2536 and dated
March 18, 1993, shall remain in full force and effect
Clause 4. This Memorandum of Agreement shall be in effect as from July l, 1993.
This Memorandum of Agreement is made in duplicate with identical content. The
Parties have thoroughly read and understood the same, thus setting their hands
together with the seal (if any) affixed in presence of witnesses and each
keeping one copy.
AAT Supplier
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(Signed) Air Marshal (signature) (Signed) (signature) (seal)
(Tavorn Kerdsindu) (Mr. Viratana Suntaranond)
Witness
(Signed) (signature) (Signed) (signature)
(Mr. Somjit Nupui) (Ms. Chataporn Phlupothong)
3
(TRANSLATION)
LIST SHOWING DETAILS OF LEASED PREMISES,
REMUNERATION FOR THE LEASE AND PLANS OF LEASED PREMISES
CONTRACT NO. 6-01/2536 DATED MARCH 18,1993
Amendment No. 1
Appendix A
(Total 4 Pages)
Page 1
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Particulars Area in Rental Rate Rental Charges Housing and Lease Period
of Leased Premises Square Baht/Sq.m. Land Tax ----------------------------
Meter /month Baht/month Baht/month Baht/month From Up to
(Sq.m.
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Premises within the International
Passeneer Terminal
---------------------------------
Area within Passenger Arrival
Hall, 2 Units
- Nos. 1302, 1302 B 48.00 500.- 24,000.- 3,600.- 3,000.00 July 1, 1993 March 31, 1998
Area within Passenger Departure
Hall
- Nos. 3303 A, 3303 B, 3304 A,
3304 B, 3342 E, 3342 F 497.00 500.- 248,500.- 37,275.- 31,062.50 July 1, 1993 Xxxxx 00, 0000
- Xx. 0000 42.50 500.- 21,250.- 3,187.50 2,656.25 July 1, 1993 March 31, 1998
- No. 3265 S 22.00 500.- 11,000.- 1,650.- 1,375.- August 1, 1993 March 31, 1998
- No. 3265 T 7.50 500.- 3,750.- 562.50 468.75 August 1, 1993 March 31, 1998
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Lessor Lessee
------ ------
(Signed) Air Marshal (signature) (Signed) (signature) (seal)
(Tavorn Kerdsindu) (Mr. Viratana Suntaranond)
Witness Witness
------- -------
(Signed) (signature) (Signed) (signature)
(Mr. Somjit Nupui) (Ms. Chataporn Phlupothong)
[Three pages of graphics (floor plan) omitted.]
