Exhibit 4(ii)
Lease Agreement for Public Land Managed by
Export Processing Zone Administration,
Ministry of Economic Affairs
Ref. No. (90) Nan-Ehr-Chien-Tzu #006
This lease agreement (hereinafter referred to as the "Agreement") made and
entered into by and between Advanced Semiconductor Engineering Inc.
(hereinafter referred to as the "Lessee") and the Export Processing Zone
Administration, Ministry of Economic Affairs (hereinafter referred to as the
"Lessor") for the lease of one plot of public land within the Nantze Export
Processing Zone.
1. Leased Land Designation, Area and Rental Charge:
- -------------------------------------------------------------------------------------------------------------------------------
Rental Public
Land Designation Rental Charge Facilities
------------------------------------- Area Charge per Construction
Asset Lot Rented per m2 Month Charge Per
Number District Section Subsection Number (m2) (NT$) (NT$) Month (NT$) Notes
- -------------------------------------------------------------------------------------------------------------------------------
CL104 Nantze Hoping 2nd 723 1,093.00 11.50 12,570 0 Approval for rental given in
District Section Subsection Notification Jing Chia Chu (89)
Ehr Chien Tzu #8900014249
(dated December 29, 2000)
- -------------------------------------------------------------------------------------------------------------------------------
Total 1,093.00 11.50 12,570 0
- -------------------------------------------------------------------------------------------------------------------------------
2. The rental period shall be from March 16, 2001 to March 15, 2011.
3. The leased land may be used only by enterprises permitted to
operate in the Export Processing Zone for the construction of
offices, plant buildings, warehouses or workplaces or by the
regulatory authorities for the establishment of branch offices within
the Nantze Export Processing Zone.
4. If, during the period of validity of the Agreement, the Lessee
ceases to use all or part of the leased land, it shall immediately
apply to terminate the Agreement; it shall not transfer, sublet or
lend the land to a third party.
5. If the Lessee rents the land for the construction of a plant
building or other building, besides leaving setback of 3 meters
between the building and land rented by other parties, it shall also
leave setback of 6 meters on any side facing onto a main road, 5
meters on any side facing onto an inner ring road or secondary road,
and 4 meters on any side facing onto a tertiary road. The Lessee
shall pay for and undertake the putting in order and greening of the
land reserved for setback.
6. If the Lessee rents the land for the construction of a plant
building or other building, in principle the building shall have at
least two stories. The building area shall not be less than 50% or
more than 70% of the total area rented and shall be handled according
to the following rules:
(1) No buildings shall be erected on the land reserved for setback
on the four sides of the land based on the needs of fire
prevention, lighting, transportation, beautification etc.
(2) At least 20% of the land area remaining after the deduction of
the land reserved for setback must be left vacant and not built
thereon.
7. Any part of the leased land which is already being used for
public facilities shall be administered by the Export Processing Zone
Administration; the Lessee shall not use such part for building or
any other purpose.
8. The Lessee shall pay NT$12,570 for rental charge as specified in
Article 1 of the Agreement at the appointed agency of national
treasury. A penalty of fines shall be levied for arrears in payment
as follows:
(1) An additional 5% of the rental is added for arrears in payment
for over one month and less than two months;
(2) An additional 10% of the rental is added for arrears in payment
for over two months and less than three months; and
(3) An additional 15% of the rental is added for arrears in payment
for over three months and less than four months.
If payment of the rental charge, other fees and breach of contract
penalty is overdue by more than four months, in addition to
continuing to press for payment, the Lessor may also terminate the
Agreement.
9. In addition to paying the rental charge every month, the Lessee
shall also pay the public utilities construction charge in accordance
with Article 11 of the Regulations Governing the Establishment and
Management of Export Processing Zones. The public utilities
construction charge shall be calculated at the rate of NT$___ per
square meter per month, to be paid for a period of ten years on each
plot of land. In the case of land covered by this Agreement, the
public utilities construction charge shall be paid until _____.
10. If the government adjusts the land value in accordance with relevant
law, the rental charge shall be adjusted according to the new land
value beginning on the first day of the month following the month in
which the new land value was announced, and the Lessee shall raise no
objection thereto.
11. If the Lessee leases the land for construction of a plant building or
other building, the Lessee shall complete the construction within
three months of the execution of this Agreement, and shall complete
construction of the building in accordance with the plan. If the
Lessee does not begin construction of the building on schedule, or
if, after applying for an extension, the Lessee still fails to begin
construction within the new time limit, or if the Lessee fails to
complete construction in accordance with the plan, the Lessor may
terminate the Agreement and take back the land. Any rental charges
and public utilities construction charges already paid will not be
returned to the Lessee. If there are any uncompleted buildings on the
land, the Lessor may dispose of these in accordance with the law, or
may require the Lessee to remove them; the Lessee shall raise no
objection to this, and may not refuse to remove the buildings if
asked to do so.
12. If, in order to construct a plant building or other building, the
Lessee needs to dig up the roads, drainage pipes (or water supply
pipes) or other public facilities in the Export Processing Zone, it
shall apply to the Lessor for approval in advance and shall pay a
deposit. Once the work has been completed and the public facilities
restored to their original condition, the deposit will be returned,
without interest; the deposit will not be returned if the above
requirements are violated.
13. The Lessor may terminate the Agreement by notifying the Lessee in the
event that any of the following occurs:
(1) If the Lessee uses the land in a way which violates any of the
provisions of this Agreement;
(2) If the buildings belonging to the Lessee are purchased by price
negotiation or compulsory purchase in accordance with Article 12
of the Regulations Governing the Establishment and Management of
Export Processing Zones;
(3) If the Lessee is in arrears in the payment of the rental charge
and other charges by four months or more; or
(4) If any other circumstances arise which permit the termination of
the Agreement in accordance with the Civil Code or with the Land
Law.
14. If the Agreement is terminated in accordance with the preceding
Article, the land shall be returned immediately. If there are any
buildings belonging to the Lessee on the land, the buildings shall be
sold within two years to another enterprise operating in the Export
Processing Zone approved by the Export Processing Zone Administration
or its branch office; the land rental charge for the period up until
sale of the buildings shall be paid in accordance with Article 7 of
this Agreement. If the Lessee fails to dispose of the buildings in
accordance with this Article, or if the disposal procedures have not
been completed after two years, the Lessor may handle the
matter in accordance with the law, or may purchase by price
negotiation all facilities and goods belonging to the Lessee within
the buildings on the rented land; the Lessee shall raise no objection
thereto.
15. If, on the expiry of this Agreement, the Lessee wishes to renew the
Agreement, it shall submit a written application for renewal of the
Agreement to the Lessor at least three months prior to the expiration
of the Agreement. If the Lessee does not apply to renew the Agreement
by the expiry of the Agreement, the Lessee shall return the land
immediately on the expiry of the Agreement. Any buildings belonging
to the Lessee on the leased land shall be sold within six months to
another enterprise operating in the Export Processing Zone approved
by the Export Processing Zone Administration or its branch office;
the land rental charge for the period up until sale of the buildings
shall be paid in accordance with Article 7 of this Agreement. If the
Lessee fails to dispose of the buildings in accordance with this
Article, or if the disposal procedures have not been completed after
six months, it shall be deemed to breach the Agreement. The Lessor
may dispose or purchase all buildings belonging to the Lessee on the
leased land and all facilities and goods within the buildings in
accordance with the law; the Lessee shall raise no objection thereto.
16. If during the period of validity of this Agreement any of the
relevant laws or regulations are revised, the revised laws or
regulations shall govern as of the date on which they came into
effect; the Lessee shall raise no objection thereto.
17. This Agreement has been executed in two originals and shall take
effect upon execution. The Lessor and Lessee shall each retain one
original. In the event of a dispute arising with respect to this
Agreement, the court of first instance shall be determined by the
Lessor.
Parties to the Agreement:
Lessee: Advanced Semiconductor Engineering Inc.
Representative or legal agent:Jason Chang
Address: 26 Ching San Road, Nantze Export Processing Zone
Company registration number: #3641
Lessor: Export Processing Zone Administration,
Ministry of Economic Affairs
Legal representative: Chou Yen
Address: 600 Chiachang Road, Nantze District, Kaohsiung City
Date: March 16, 2001