Exhibit 4(ww)
I, Joseph Tung, certify that set forth below is a fair and accurate English
translation of the required document included as an exhibit to this
Registration Statement.
BY: /s/ JOSEPH TUNG
-----------------------
Title: CFO/Director
Dated: May 31, 2002
Plant Building Lease Agreement
Date: 31 October 2001
Parties:
ASE (Chung-Li) Inc. ("Party A")
ASE Material Inc. ("Party B")
Whereas, Party A desires to lease its Plant Building, at 4F, No. 550-5, Sec.1,
Chung-hwa Rd., Fu-hwa Li, Chung-Li City, Tao-Yuan County to Party B under the
following agreement.
1. The Premises and Rent
(1) Premises: The Plant Building is located at 4F, No. 550-5, Sec.1,
Chung-hwa Rd., Fu-hwa Li, Chung-Li City, Tao-Yuan County (building
register No. 00225-005 and land register No.: 1833-0000, Fu-hsin
Section, Chung-Li City), for the area of 4,688.41 square meters,
inclusive of ancillary equipments (collectively; "Leased Floor").
(2) Rent: NT$709,122 per months, excluding business taxes.
2. Term of Lease: one year from 1 November 2001 to 31 October 2002.
3. Usage: It is for Party B to establish its Chung-Li Plant and for the uses
within its registered business scope. The Party B's Chung-Li Plant will be
applied to be registered as a bonded factory.
4. The lease shall be for the Leased Floor and existing equipment as they
are. Party B shall be responsible for the maintenance of the Leased Floor
and the equipment except for the building structure (including inner and
outer walls, floor and the original water and electricity pipelines),
which shall be Party A's responsibilities. Party B shall make good of any
damage to the above and Party A shall bear no responsibilities thereof.
5. Both parties agree that the rent shall be paid starting from the effective
date of this Agreement.
6. Party B shall be the owner of any equipment that Party B subsequently
installs into the premises. After expiry of the lease term, Party B shall
remove its belongings and return the Leased Floor, under the then current
condition, to Party A. Party B, during the term of this Agreement, may not
engage in any construction altering the structure or facilities of the
Leased Floor unless Party A.
7. During the term of this Agreement, the rent and fees for water and
electricity utilities shall first be paid by Party A. Party B shall
reimburse Party A for such payment pursuant to the consumption volume of
electricity according to the meters separately installed for each of the
parties. For the utilities that cannot be counted by separate meters, the
amount of the reimbursement shall apply the same percentage that is used
for metered utilities. As to the expenses of other utilities that should
be jointly shared but the amount of each user cannot be decided, the
amount of the reimbursement shall be calculated by the proportionate area
used by such party. The land tax and building tax shall be borne by Party
A.
8. After the signing of this Agreement, in the event that it is necessary to
apply with the relevant authorities (such as the municipal government or
the
electricity company) to register the change of user, Party A shall
promptly provide relevant materials as requested by Party B.
9. Party A shall issue invoices to Party B for the collection of rent on a
monthly basis and Party B shall remit the rent of the preceding month to
the corporate account designated by Party A within ten days after receipt
of invoice.
10. Party A warrants that it has the legal ownership of the Leased Floor to be
leased to Party B and Party B's leasing rights will not be affected by the
encumbrances created by Party A or any other incidents regarding the
Leased Floor. In case Party B's leasing rights are so affected, Party A
shall be liable to indemnify Party B's loss resulting therefrom and pay
additional amount equal to three times of monthly rent under this
Agreement as compensation.
11. Party A is the legal owner of the leased Leased Floor and shall procure
fire insurance policy for it. Party B shall be solely responsible to
procure fire insurance policies for its movables and equipment.
12. Party B shall pay penalties as follows for delay payment of rent:
(1) 5% of a monthly rent if delay is more than one month but less than
two months;
(2) 10% of a monthly rent if delay is more than two months but less than
three months; and
(3) 15% of a monthly rent if delay is more than three months and in which
case, Party A may terminate this Agreement.
13. Party B is entitled to a right of first refusal to lease or acquire the
Leased Floor upon reasonable terms. Party B may not terminate this
Agreement unless it gives Party A a three-month prior notice in writing
and compensates Party A for an amount equal to three times of monthly rent
under this Agreement. In the event Party A intends to early terminate this
Agreement, the abovementioned terms and conditions shall apply.
14. In the event Party A intends to terminate this Agreement within the ninth
month after the lease commences, Party A shall indemnify Party B for all
construction, partitioning and fitout expenses according to their book
values in addition to the three-month rent as stipulated above.
15. Both parties agree that in the event Party B's bonded factory status is
cancelled, the bonded goods shall continue staying in the warehouse of the
Plant Building for not less than six months for customs' operations. All
the expenses incurred thereof shall be borne by Party B.
16. This Agreement will be executed in two counterparts and come into effect
on the date of signing. Each of Party A and Party B will hold one copy.
The Tao-Yuan District Court will be the court of first instance in the
event any dispute arises in connection with this Agreement.
17. In the event that Party B (Party A) fails to perform its obligations under
this Agreement, Party A (Party B) may terminate this Agreement by written
notice and Party B (Party A) shall be liable to all losses incurred
thereof.
Party A: ASE (Chung-Li) Inc. [Company chop]
Chairman: [Chairman's chop]
Address: No. 550, Chung-hwa Rd., Tao-Yuan County
Party B: ASE Material Inc. [Company chop]
Supervisor: Feng Mei-Jean [Supervisor's chop]
Address: