China Techfaith Wireless Communication Technology Ltd. Contracts
Sample Business Contracts
China-Beijing-Chaoyang District-1 Jiu Xian Qiao Road East Lease - Beijing Sino-Electronics Future Telecommunications R&D Ltd. and China Techfaith Wireless Communication Technology Ltd. Beijing
Lease Forms
- Start a state-specific lease for the rental of commercial property. Specify the term and rent due, as well as whether the landlord or tenant is responsible for property taxes, insurance, and maintenance and repairs.
- When a tenant vacates commercial property before the lease term has expired, it may be able to rent the premises to a third party. The tenant would be the sublessor and the third party would be the sublessee. Besides preparing a sublease, both parties will want to review the provisions for assignment or subletting in the original lease agreement between the landlord and the sublessor.
- Tenants of residential property should prepare a sublease agreement if they are seeking to sublease a room or the entire apartment or house to a third party. All parties should review the original lease agreement to see if there are any restrictions on subletting or assigning the premises.
- Triple net leases are a type of commercial leases where the tenant has to pay for property taxes, insurance, utilities, and maintenance, in addition to the monthly rent.
- When renting an office space, tenants should understand the amount of the rent and duration of the lease. Other important terms include whether the space can be subleased, which parties are responsible for maintenance, and whether any furniture and furnishings will be provided.
Translation PREMISES LEASE CONTRACT Lessor: Beijing Sino-Electronics Future Telecommunications R&D Ltd. Lessee: China Techfaith Wireless Communication Technology Limited Beijing According to < Contract Law > and the relevant regulations, in order to specify the rights and obligations of the lessor and the lessee, this Contract is executed after unanimous consultations of both parties. Article 1 Premises Location: East 5(th) Floor, M7, No. 1 Jiu Xian Qiao Road East, Chaoyang District, Beijing Architectural Area: 3100 square meters Article 2 Lease Term The lease term is a total of 5 years. The lessor shall deliver the leased premises to the lessee for use commencing from July 18, 2003 and shall recover it on July 17, 2008; three months within this period are the fitting out period which shall be rent free. After the Contract term expires, if there is no disagreement between the two parties, the Contract shall automatically be extended for five years. When the Lease Contract is terminated due to expiration, if the lessee is actually unable to find a premises by the time of expiration, the lessor should extend the lease term at its discretion. Article 3 Rent and Rent Payment Term Rent: RMB1.00/m(2)*day, RMB282875.00/quarter. Payment Term: before the 5(th) day of the first month of each quarter, in case of late payment, a fine for late payment of 0.1% per day shall be charged. Article 4 Premises Maintenance and Repair during the Lease Term The lessor is obliged to maintain and repair the premises. The lessor should carefully check, maintain and repair the premises and its facilities once every 6 months, so as to ensure living safety and normal use of the lessee. When the lessor is maintaining and repairing the premises, the lessee should actively assist, and should not interfere with the construction. 1 <PAGE> EXHIBIT 99.4 Translation Article 5 Changes of Lessor and Lessee 1. If the lessor transfers its ownership of the premises to a third party, the Contract continues to be valid for the new owner of the premises. 2. If the lessor sells the premises, it must notify the lessee 3 months in advance. Under the same conditions, the lessee has the first right of refusal to purchase. 3. If the lessee needs to exchange the premises with a third person, the lessor's consent shall be sought in advance; the lessor should support the lessee's reasonable request. Article 6 Default Liability 1. The lessor shall be liable for indemnifying three months' rent if it fails to deliver the premises in compliance with the requirements to the lessee in accordance with the aforesaid terms and conditions. 2. The lessor shall be liable for paying a default premium of 1%/day, if it fails to deliver the premises to the lessee for use as scheduled. 3. The lessor shall be liable for paying a default premium of 1%/day, if it fails to maintain and repair the premises as scheduled (or as required); if it thus causes the personnel of the lessee to suffer personal injury or property damage, the lessor shall be liable for indemnifying the losses. 4. The lessor may terminate the Contract and recover the premises at any time if the lessee has any of the following circumstances: (1) The lessee underlets, transfers or lends the leased premises without authorization; (2) The lessee uses the leased premises to conduct illegal activities and injurious to the public interest; (3) The lessee defaults in paying rent for accumulation of 3 months. If the lessee fails to move out as scheduled, the lessor is entitled to sue at the People's court and apply for enforcement, and the lessee shall be liable for indemnifying the lessor for losses thus caused. Article 7 Conditions for Exemption of Liability If damages to the premises and losses of lessee are caused by and arising out of the reasons of force majeure, neither party shall undertake any liability to the other party. Article 8 Mode for Disputes Resolution If any dispute occurs during the performance of this Contract, the two parties should resolve the dispute through consultations. If consultations fail, the two parties agree to arbitrate by Beijing Arbitration Commission. Article 9 Other Agreed Matters Article 10 2 <PAGE> Translation For any matters not covered in this Contract, the two parties of the Contract shall make supplemental provisions through consultations and in accordance with the relevant regulations of Contract Law. The supplemental provisions shall have the same validity as this Contract. This Contract has 2 originals, the lessor and the lessee shall each hold 1 original. Lessor: Lessee: Beijing Sino-Electronics Future China Techfaith Wireless Communication Telecommunications R&D Ltd. Technology Limited Beijing Signature: /s/ Signature: /s/ Company Chopped Company Chopped July 31, 2003 July 31, 2003 3