{"id":41934,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/legend-research-and-development-center-shengzhen-prc-lease.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"legend-research-and-development-center-shengzhen-prc-lease","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/legend-research-and-development-center-shengzhen-prc-lease.html","title":{"rendered":"Legend Research and Development Center (Shengzhen, PRC) Lease Agreement &#8211; Legend Tech and UTStarcom"},"content":{"rendered":"<pre>                                                        Document number: 2006793\n\n\n\n                                 LEASE AGREEMENT\n\n                Produced by Land Development Agency in Sheng Zhen\n\n\n\n\n\n                                       1\n\n\n\n                                 LEASE AGREEMENT\n\nLandlord:    LEGEND TECH.\n             -----------\n\nAddress:     Hi-Tech Industrial Zone, Nan Shen District, Shenzhen\n\n\"Lease Permit\" number:    G14875\n\n\nTenant:      UTSTARCOM\n             ---------\n\nAddress:     4th Floor, Wearnes Technology Building, Science &amp; Industry Park,\n             Nantou SZ 51806\n\n\n     Pursuant to \"Lease Regulation of Sheng Zhen Economic District\" and its\nrelevant executive rules, this Lease Agreement is made and entered into by and\nbetween LEGEND TECH, hereinafter referred to as \"Landlord\", and UTSTARCOM,\nhereinafter referred to as \"Tenant\".\n\nLease Agreement is as follows:\n\n   1.   Landlord hereby leases Legend Research and Development Center located in\nNanShen, Sheng Zhen, hereinafter referred to as \"the Premises\", to Tenant. The\nPremises hereby leased to Tenant are nine thousand nine hundred and ninety six\nsquare feet.\n\n   2.   The term of the lease is three years. The lease term commences on\nSeptember 10, 2001 and will be expire on September 9, 2004.\n\n   3.   Landlord leases the Premises to Tenant for purposes of general office,\nresearch and development. Landlord warrants compliance with relevant national\nsafety standards. However, Tenant shall obtain Landlord's consent in the event\nof using the Premises for purposes described otherwise. Tenant shall obtain all\nlicenses and permits necessary for changing its use of the Premises.\n\n   4.   Landlord warrants compliance with all governmental laws, ordinances\n\n\n                                       2\n\n\n\nand regulations applicable to permitted use of the Premises described in section\n3 of the Lease Agreement. Tenant warrants compliance with all governmental laws,\nordinances and regulations concerning Tenant's use of the Premises.\n\n     5.   The monthly rent of the Premises is calculated by square feet. The\nsecond floor with a total of five thousand four hundred and fifty square feet is\ncalculated monthly at sixty three RMP per square foot. The third floor with a\ntotal of four thousand five hundred and forty six square feet is calculated\nmonthly at seventy RMP per square foot. The total amount of monthly rent of the\nPremises is six hundred sixty one thousand five hundred and seventy RMP. The\nrental payment is due and payable to Landlord by Tenant on or before the tenth\nof each month.\n\n     6.   Landlord shall deliver possession of the Premises to Tenant on or\nbefore September 10, 2001. In the event Landlord fails to deliver possession on\ntime, Tenant may require extension of the lease term upon written confirmation\nby both parties.\n\n     7.   During the lease term, Landlord agrees to pay real property taxes,\nassessment of lands for rentals and rental management fees; Tenant agrees to pay\nutilities and management fees of the Premises.\n\n     8.   Landlord shall advances the expenses payable by Tenant for the first\nmonth of the lease term. Tenant shall reimburse Landlord of the payment within\n10 days after one month using the Premises. Thereafter, all payments shall be\nmade in advance by Tenant. The amount of advanced payment is based on the actual\nexpenses in the previous month. Landlord shall provide vouchers to Tenant in\naccounting all payments. Landlord is entitled to demand payment if Tenant fails\nto make one month advanced payment. Except as otherwise provided, Landlord is\nentitled to stop Tenant's use of the Premises in the event Tenant fails to make\nsuch advanced payment.\n\n     9.   Security Deposit is allowed in this Lease Agreement. Landlord may\ncharge Tenant two-month rental, which is one million three hundred twenty three\nthousand one hundred and forty RMP as security deposit. Landlord shall provide\nTenant with vouchers upon reception of such deposit. Landlord and Tenant shall\ncomply with all provisions in the Lease Agreement or shall be held liable in\naccordance with laws in the event of breach.\n\n     10.   Landlord warrants compliances with all laws, ordinances and\nregulations concerning safety of the Premises and facilities within. Tenant\nshall use the Premises and all facilities properly to avoid damage. Upon\nexpiration or termination of the Lease Agreement, Tenant shall vacate and yield\nup possession of the Premises to Landlord and warrant good condition of the\nPremises and facilities, except as ordinary wear and tear. All payments due and\npayable by Tenant shall be made at the same time.\n\n     11.   During Tenant's use of the Premises, Tenant shall give prompt notice\nof defects or need for repairs to Landlord in the event such condition demands;\nLandlord shall commence repair within three days after reception of Tenant's\nnotice. If Tenant is\n\n\n                                       3\n\n\n\nunable to give notice to Landlord or Landlord fails to repair, Tenant may\ninitiate repair on behalf of Landlord in the witness of the agreement registered\nagency. Landlord is responsible for the cost of repair, including such repair by\nTenant.\n\n     12.   If the damage or malfunction of the Premises or facilities is caused\nby Tenant's improper or unreasonable use of the Premises or facilities, Tenant\nshall be liable for timely repair or the cost of repair. If Tenant fails to make\nrepairs, Landlord may initiate repairs on behalf of Tenant in the witness of the\nagreement registered agency. Tenant is responsible for the cost of such repairs.\n\n     13.   During the lease term, Tenant's consent is required in the event\nLandlord determines to make any alterations, additions or improvements to the\nPremises. The approval of Government authority is also required. Landlord and\nTenant shall make other written agreement with respect of the event described\nabove. During the lease term, Tenant may make alterations, additions or\nimprovements to the Premises subject to consents by Landlord and Government\nauthority. Landlord and Tenant shall make other written agreement with respect\nto the event described above.\n\n     14.   Without Landlord's consent, Tenant shall not have the right to\nassign, transfer or sublet all or part of the Premises to a third party. Upon\nLandlord's consent, Tenant shall register the assignment or sublease under the\ngoverning agency. However, the expiration date of the assignment or sublease\nshall not be later than the expiration date of this Lease Agreement. Tenant\nwarrants that the Premises shall not be assigned, transferred, or sublet by\nassignee, transferee or sublessee.\n\n     15.   During the lease term, Landlord shall notify Tenant one month earlier\nin the event of assigning or transferring all or part of the Premises. Tenant is\nentitled the first right of refusal under the same terms. If the Premises are\nassigned or transferred to a third party, Landlord shall assure that assignee or\ntransferee assume the obligations of this Lease Agreement.\n\n     16.   During the lease term, the Lease Agreement is terminated upon\noccurrence of the following events:\n\n           (1)    The obligations of the Lease Agreement cannot be fulfilled as\na result of causes beyond reasonable control;\n\n           (2)    If the Premises should be taken for any public use by the\ngovernment or by right of eminent domain;\n\n           (3)    The invalidation or expiration of Landlord's \"rental permit\nfor the Premises\".\n\n           If the Lease Agreement is terminated due to occurrence of section\n16(3) and result in Tenant's loss, Tenant is entitled to recover the loss from\nLandlord.\n\n\n                                       4\n\n\n      17.    Landlord may terminate the lease upon occurrence of the following\nevents. Tenant shall indemnify Landlord's loss resulted from termination of the\nLease Agreement.\n             (1)    Tenant fails to pay rental in excess of one month;\n\n             (2)    The amount of overdue payments is in excess of ten thousand\nRMP;\n\n             (3)    Tenant changes the use of the Premises unilaterally without\nConsents from Landlord and Government authority;\n\n             (4)    Tenant fails to make repairs or pay the cost of repairs in\nviolation of section 12 of this Lease Agreement, which causes severe damage to\nthe Premises or facilities within;\n\n             (5)    Tenant makes alterations, additions or improvements to the\nPremises without obtaining written consents from Landlord and Government\nauthority;\n\n             (6)    Tenant assigns, transfers or subleases the Premises to a\nthird party without Landlord's written consent.\n\n             In the event of terminating the Lease Agreement upon occurrence of\nthe events described above, Landlord shall give written notice to Tenant to\nvacate and return possession of the Premises. The remaining balance of advanced\npayments must return to Tenant. However, Landlord is not obliged to return the\nsecurity deposit.\n\n      18.    Tenant may terminate the lease upon occurrence of the following\nevents. Landlord shall indemnify Tenant's loss resulted from termination of the\nLease Agreement.\n\n             (1)    Landlord fails to deliver possession of the Premises in\nexcess of one month;\n\n             (2)    Tenant cannot use the Premises as permitted as a result of\nLandlord's failure to comply with section 4 of this Lease Agreement;\n\n             (3)    Tenant cannot use the Premises as permitted as a result of\nLandlord's failure to repair or pay the cost of repairs pursuant to section 11\nof this Lease Agreement;\n\n             (4)    Landlord makes alternations, additions or improvements to\nthe Premises without consents of Tenant and Government authority.\n\n             In the event of terminating the Lease Agreement upon occurrence of\nthe\n\n\n                                       5\n\n\n\nevents described above, Tenant shall give written notice to Landlord of vacating\nand yielding up possession of the Premises. Tenant is entitled recovery of\ndoubled security deposit and a penalty of six hundred thousand RMP and remaining\nbalance of advanced payments made by Tenant.\n\n      19.    Tenant shall make request to Landlord with respect to extension of\nthe lease term no later than three months before the expiration date of the\nlease; Landlord shall provide Tenant the first right of refusal under the same\nterm if the Premises are continued to be leased. Landlord and Tenant shall make\nnew lease agreement if agreed to continue the lease and register the new\nagreement under governing agency.\n\n      20.    Within five days after the termination or expiration of the lease,\nTenant shall vacate and yield up immediate possession of the Premises to\nLandlord. Landlord may file suit against Tenant in People's court in the event\nTenant fails to vacate and yield up possession of the Premises.\n\n      21.    In the event Tenant fails to pay any installment of rent when such\ninstallment is due, Tenant is liable for a late charge in an amount equal to\npoint three percent of such installment multiplied by days overdue.\n\n      22.    In the event Tenant assigns, transfers or sublets all or part of\nthe Premises unilaterally, Tenant is liable for a penalty in an amount of\nmonthly seventy RMP per square feet assigned, transferred, or subleased.\n\n      23.    In the event Landlord or Tenant fails to fulfill obligations\nincurred under this Lease Agreement that results in losses, the non-breaching\nparty is entitled recovery of actual losses and foreseeable profits.\n\n      24.    The Supplement Agreement entered into by Landlord and Tenant\nattached hereto is incorporated herein by reference into and made a part of this\nLease Agreement. Landlord and Tenant may make supplement agreement for\nsituations not covered in this Lease Agreement and such supplement shall\nregister under governing agency. The supplement agreement is as the same effect\nas this Lease Agreement.\n\n      25.    In the event disputes arising from the Lease Agreement, Landlord\nand Tenant shall resort to mediation; Petition for arbitration in Sheng Zhen\narbitration committee may be filed in the event mediation is not successful.\n\n      26.    The Lease Agreement in Chinese controls.\n\n      27.    This Lease Agreement is executed in five counterparts.  Landlord\nretains one copy, Tenant retains two copies and the agreement registered agency\nretains two copies.\n\n      28.    The Lease Agreement is effective upon due execution.\n\n\n                                       6\n\n\n\n     Landlord (seal and signature):\n\n     Representative:\n\n     Telephone number:\n\n     Bank Account:\n\n\n     Authorized Agent (seal and signature):\n\n     Tenant (seal and signature):\n\n     Representative:\n\n     Telephone number:\n\n     Bank Account:\n\n     Authorized Agent (seal and signature):      Date: August 31, 2001.\n\n\n\n     Registrant (seal and signature):            Date: September 12, 2001.\n\n\n     Agreement Registered Agency:                Date: September 12, 2001.\n     (seal and signature)\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n                                       7\n\n\n\n                              Supplement Agreement\n\n     Landlord: LEGEND TECH                                      Tel no: 6983988\n\n     Tenant: UTSTARCOM                                          Tel no: 6635333\n\n\n     Pursuant to \"Lease Regulation of Sheng Zhen Economic District\" and its\nrelevant executive rules, Landlord and Tenant hereby enter into this Supplement\nAgreement to be incorporated into and made a part of the Lease Agreement\nattached hereto (Lease Agreement number: 2006793) with respect to situations not\ncovered in the Lease Agreement.\n\n     1. Premises.\n\n        Landlord hereby agrees to lease the Premises located in Legend Research\nand Development Center at South First Avenue in South High Technology Area in\nSheng Zhen, China, hereinafter referred to as \"the Premises\", to Tenant. The\nrental area in second and third floors of the Premises is nine thousand nine\nhundred and ninety six square feet (based on the computation by governing\nagency, including common area shared by the Premises.)\n\n     2. Rent and Others.\n\n        Rent: The second floor with a total of five thousand four hundred and\nfifty square feet is calculated monthly at sixty three RMP per square feet. The\nmonthly rent for second floor is three hundred forty three thousand three\nhundred and fifty RMP; the third floor with a total of four thousand five\nhundred and forty six square feet is calculated monthly at seventy RMP per\nsquare feet. The monthly rent for third floor is three hundred eighteen thousand\ntwo hundred and twenty RMP. The total amount of monthly rent is six hundred\nsixty one thousand five hundred and seventy RMP. The rent for the Premises is\nlocked for two years. Rent adjustment in the third year shall be negotiated by\nLandlord and Tenant. (Rent includes real property taxes, assessment of lands for\nrentals and rental management fees.)\n        Parking: Landlord shall provide Tenant with thirty three designated\nparking spaces, ten of which shall be ground parking while the other twenty\nthree parking spaces may be underground.\n        Trade Fixtures: Landlord hereby agrees to lease the Premises to Tenant\nfree of rent for three months for the purpose of trade fixtures installing.\nHowever, Tenant agrees to pay management fees of the Premises and utilities\nused on or from the Premises (including proportionate utilities of common area\nnot separately metered to Tenant.) Landlord shall deliver possession of the\nPremises to Tenant no later than three days after execution of the Lease\nAgreement. If Landlord fails to deliver possession of the Premises on time, the\nlease term can be extended upon negotiations by Landlord and Tenant. The\ncalculation of rent commences on December 10, 2001.\n\n\n                                       8\n\n\n        Others:\n\n                (1)      In consideration of the obligation of Tenant to pay\nusage fee as herein provided, Landlord hereby agrees to provide the side of\nSouth Avenue of the Premises for installment of Tenant's signs. (Landlord and\nTenant's signs of the companies shall be installed in the same manner and format\non the Premises.) The annual usage fee is eighty thousand RMP. The calculation\nof usage fee commences upon the date of use by Tenant. The usage fee can be made\nin two installments. (Forty thousand RMP is due and payable no later than three\ndays after usage for half a year, the remaining forty thousand RMP is due and\npayable by the end of the year of usage.)\n\n                (2)      Landlord hereby agrees to allow Tenant to place a test\nantenna on the top of the Premises free of charge. The height of the antenna\nshall not be in excess of five feet. Tenant shall comply with all laws or\nregulations with respect of placing the test antenna. The exact location of\nplacing the test antenna shall be negotiated and confirmed by Landlord and\nTenant.\n\n     3. Security Deposit.\n\n        Tenant hereby agrees to pay Landlord a security deposit in the amount of\ntwo-months rent before taking possession of the Premises. (One million three\nhundred twenty three thousand one hundred and forty RMP.) The security deposit\nshall be returned by Landlord free of interest to Tenant at such time after\ntermination or expiration of the lease that all of Tenant's obligations under\nthis lease have been fulfilled.\n\n     4. Monthly Utilities.\n\n        The utility of the Premises is metered in accordance with relevant\nregulations by Sheng Zhen city. Tenant shall pay all water, gas and other\nutilities used on or from the Premises; Tenant shall also pay the proportionate\nutilities of common areas not separately metered to Tenant pursuant to\n\"Proportion Rules of Research and Development Center utilities\".\n\n     5. Term and Termination of the Lease.\n\n                (1)      The term of the lease is three years. The term\ncommences on September 10, 2001 and will expire on September 9, 2004. Tenant\nshall make written request to Landlord with respect to extension of the lease\nterm no later than three months before the expiration date of the lease. Upon\nLandlord's consent, Tenant may continue to lease the Premises.\n\n                (2)      During the lease term, Landlord shall give notice to\nTenant no later than three months before assigning or transferring all or part\nof the Premises. Landlord shall provide Tenant the first right of refusal under\nthe same term if the Premises are to be assigned or transferred. If the Premises\nare assigned or transferred to a third party, Landlord shall assure that the\nassignee or transferee assumed obligations of this Lease Agreement.\n\n\n                                       9\n\n\n\n                (3)      During the lease term, Tenant would not be entitled\nrecovery of the security deposit if failing to give written notice to Landlord\nno later than three month before termination of the lease.\n\n     6. Management of the Premises.\n\n        The Premises are managed by Sheng Zhen Mid Sea Management Company,\nhereinafter referred to as \"Management Company\". Tenant shall enter into\ncontract with Management Company concerning the Premises immediately after\nexecution of this Lease Agreement. The detailed content and service items are\ndescribed in resident's covenant. The management fee of the Premises is ten\ndollars and eighty three cents RMP per month. Adjustment of management fee of\nthe Premises upon expiration of this Lease Agreement shall not be made without\nconsent of the association committee of the Premises.\n\n     7. Payment.\n\n                (1)      The monthly rent is due and payable by Tenant on or\nbefore the tenth of every month. The rent payment shall be made to a Landlord's\ndesignated account, or directly to Landlord's treasury department. Landlord is\nnot obliged to give written notice of rent payment to Tenant. In the event\nTenant fails to pay any installment of rent when such installment is due, Tenant\nis liable for a late charge in an amount equal to point three percent of such\ninstallment multiplied by days overdue.\n\n                (2)      Landlord shall provide Tenant with receipt upon\nreception of the security deposit; Landlord shall also provide Tenant with\nformal rental vouchers upon reception of rent payment made by Tenant.\n\n     8. Purposes and Regulations.\n\n                (1)      The Premises shall be used for the purposes of general\noffice, research and development purposes. (The Premises are currently vacant\nfor rental.)\n\n                (2)      Landlord warrants the lawfulness of permitted use\ndescribed above. Landlord also warrants the Premises are in conformity with\nnational safety standards. (Tenant shall obtain approval from Government\nauthority as to installment of trade fixtures or alterations to the Premises.\nExtinguishers in the Premises shall be furnished by Tenant.)\n\n                (3)      Landlord warrants compliance with all governmental\nlaws, ordinances and regulations applicable to permitted use of the Premises.\n\n                (4)      Tenant warrants compliance with all governmental laws,\nordinances and regulations during the use of the Premises.\n\n\n                                       10\n\n\n\n                (5)      Tenant shall not erect unauthorized buildings around\ncommon areas of the Premises. Landlord is entitled to demand possession of the\nPremises if otherwise. Tenant is liable for all losses resulted therein.\n\n     9. Possession Delivery and Maintenance.\n\n                (1)      Landlord warrants the Premises and facilities are in\nconformity with all applicable governmental laws, ordinances and regulations.\nTenant shall use the Premises and facilities properly to avoid unreasonable\ndamage. Upon termination or expiration of the lease, Tenant shall vacate and\nyield up possession of the Premises to Landlord and warrant good condition of\nthe Premises and facilities, except ordinary wear and tear. All expenses due and\npayable by Tenant shall be made at the same time.\n\n                (2)      During Tenant's use of the Premises, Tenant shall\ngive prompt notice of defects or needs to repair to Landlord in the event such\ncondition demands; Landlord shall commence repair within three days after\nreception of notice from Tenant. If Landlord fails to repair, Tenant may\ninitiate repairs on behalf of Landlord in the witness of the agreement\nregistered agency. Landlord is responsible for the cost of repairs in both given\nsituations.\n\n                (3)      If the damage or malfunction of the Premises or\nfacilities is caused by Tenant's improper or unreasonable use of the Premises or\nfacilities, Tenant shall be liable for timely repair or the cost of repair. If\nTenant fails to repair, Landlord may initiate repair on behalf of Tenant in the\nwitness of the agreement registered agency. Tenant is responsible for the cost\nof such repair.\n\n                (4)      During the lease term, Tenant shall give written notice\nto Landlord and obtain consent from Government authority no later than thirty\ndays before making alterations, additions, improvements or trade fixtures\ninstallments to the Premises. In the event of emergencies, such as typhoon,\nearthquake, fire or burglary, etc., Management Company and Landlord have the\nright to enter the Premises for emergency without giving notice to Tenant.\n\n                (5)      During the lease term, upon obtaining consents from\nLandlord and Government authority, Tenant may make alterations, additions,\nimprovements or trade fixture installments to the Premises.\n\n     10. Remedies for Breach of this Agreement.\n\n                (1)      Upon occurrence of the following events, Landlord has\nthe right to stop furnishing water, gas and other utility services. Tenant is\nliable for losses resulted therein.\n\n                         a. Tenant fails to pay rental in excess of one month;\n\n                         b. The amount of overdue payment by Tenant is in excess\nof ten thousand RMP;\n\n                                       11\n\n\n\n                        c. Tenant changes the use of the Premises unilaterally\nwithout obtaining consents from Landlord and Government authority;\n\n                        d. Tenant assigns, transfers or sublets all or part of\nthe Premises to third party without Landlord's consent;\n\n                        e. Tenant fails to make repair or pay the cost of repair\nin violation of section 9(3) of this Supplement Agreement, which causes severe\ndamage to the Premises or facilities within;\n\n                        f. Tenant makes alterations, additions, improvements or\ntrade fixture installments to the Premises without consents from Landlord and\nGovernment authority in violation of section 9(5) of the Supplement Agreement.\n\n                        Upon occurrence of the events described above, Landlord\nis entitled to terminate the lease unilaterally and repossess the Premises after\ngiving written notice to Tenant. The remaining balance of advanced payments made\nby Tenant shall be returned to Tenant. However, Landlord is not obliged to\nreturn the safety deposit.\n\n                (2)     Upon occurrence of the following events, Tenant has the\nright to terminate the lease. Landlord is liable for losses resulted therein.\n\n                        a. Landlord fails to deliver possession of the Premises\nin excess of one month;\n\n                        b. Tenant is not able to use the Premises as permitted\ndue to Landlord's violation of section 8(3) of the Supplement Agreement;\n\n                        c. Tenant is not able to use the Premises due to\nLandlord's failure to make repairs or pay the cost of repair without causes in\nviolation of section 9(2) of the Supplement Agreement;\n\n                        d. Landlord shall not make alterations, additions or\nimprovements to the Premises without obtaining consents from Tenant and\nGovernment authority.\n                        Upon occurrence of the events described above, Tenant is\nentitled to terminate the lease unilaterally and vacate the Premises after\ngiving written notice to Landlord. Tenant is entitled to recovery of doubled\nsecurity deposit, a penalty in an amount of six hundred thousand RMP by Landlord\nand the remaining balance of advanced payments made by Tenant.\n\n     11. Vacation of the Premises.\n\n                (1)     Tenant shall give written notice to Landlord no later\nthan three\n\n                                       12\n\n\n\nmonths before vacating of the Premises if such is earlier than the expiration\ndate of the lease. Upon inspection of the Premises by Landlord, the security\ndeposit shall be returned to Tenant free of interest if Tenant fulfills all\nobligations incurred in this Agreement.\n\n                (2)      Upon expiration, termination of the lease or earlier\nvacating of the Premises, Tenant shall not remove or damage the annexed fixtures\nto the Premises, including but not limited to doors, windows, walls, ceilings,\nlights, air holes and electricity facilities; However, Tenant shall remove\nfixtures that are deemed unnecessary to keep or as garbage by both parties. In\nthe event Tenant removes trade fixtures such as air conditioning at Tenant's own\nexpenses, Tenant shall restore the Premises to their original condition. Tenant\nshall complete removal and vacation of the Premises within five days.\n\n     12. The Lease Agreement is terminated automatically upon occurrence of the\nfollowing events during the lease term:\n\n                (1)      The obligations of the Lease Agreement cannot be\nfulfilled as a result of causes beyond reasonable control;\n\n                (2)      If the Premises should be taken for any public use by\nthe government or by right of eminent domain;\n\n                (3)      The invalidation or expiration of Landlord's \"rental\npermit for the Premises\".\n\n                Tenant is entitled to recovery of the losses resulted from\ntermination of the Lease Agreement due to section 12(3).\n\n     13. Dispute Resolution.\n\n                (1)      Landlord and Tenant may make any supplement agreement\nwith respect to situations not covered in this Agreement during the lease term.\nIn the event disputes arise from the Lease Agreement, Landlord and Tenant shall\nresort to mediation; Petition for arbitration in Sheng Zhen arbitration\ncommittee may be filed in the event mediation is not successful.\n\n                (2)      The Lease Agreement is hereby agreed and entered into\nby Landlord and Tenant. This Lease Agreement is effective upon due execution by\nboth parties. The Agreement is executed in five counterparts. Both parties\nretain two copies and the agreement registered agency retains one copy of the\nAgreement.\n\n     14. Miscellaneous.\n\n                (1)      Landlord shall execute formal \"Lease Agreement\" of\nSheng Zhen\n\n                                       13\n\n\n\nLand Development Agency with Tenant on or before February 10, 2001. Tenant may\nrequest recovery of losses from Landlord in the event of failure to execute the\nformal Lease Agreement. \"Lease Agreement\" is in the same effect as this\nSupplement Agreement. In the event of conflict between \"Lease Agreement\"\n(agreement number:2006793) and this Supplement Agreement, Supplement\nAgreement controls.\n\n     (2) Correspondence between Landlord and Tenant in Chinese controls.\n\n     (3) Chinese interpretation of this Agreement controls.\n\n     (4) The Agreement is hereby agreed and entered into by Landlord and Tenant.\nThe Supplement Agreement is effective upon due execution by both parties. The\nSupplement Agreement is executed in five counterparts. Both parties retain two\ncopies and the agreement registered agency retains one copy of the Agreement.\n\nLandlord: \/s\/ LEGEND TECH                       Tenant: \/s\/ UTSTARCOM, Inc.\n          ---------------                               -------------------\n\nBank:                                           Bank:\nAccount number:                                 Account number:\nRepresentative:                                 Representative:\nDate:                                           Date:\n\n\nRegistrant:\n\nAgreement Registered Agency:\n\nDate:\n\nExecuted in Legend Research and Development Center in Sheng Zhen, China.\n\n\n\n\n\n\n\n\n\n\n\n\n\n                                       14\n\n\n\n                            Translation Certification\n                            -------------------------\n\n         I hereby certify that the foregoing represents a fair and accurate\nEnglish translation of the original Chinese document.\n\nDated:  February 8, 2002\n\n                                By: \/s\/ Michael J. Sophie\n                                    ----------------------------------------\n                                     Michael J. Sophie\n                                     Chief Financial Officer\n\n                                       15\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[9205],"corporate_contracts_industries":[9516],"corporate_contracts_types":[9591,9579],"class_list":["post-41934","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-utstarcom-inc","corporate_contracts_industries-telecommunications__equipment","corporate_contracts_types-land__intl","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41934","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=41934"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41934"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41934"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41934"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}