EX-10.42 43 u97806a2ex10-42.txt BL AGRMNT BTWN GUANGXI MOBILE & GUANGXI COM SER CO 1 Exhibit 10.42 Building Leasing Agreement This Agreement is executed by Party A and Party B on August 26, 2000 in Nanning: Party A: Guangxi Communication Service Company Legal representative: Gu Xiong Address: 249 Wang Zhou Lu, Nanning Party B: Guangxi Mobile Communication Company Limited Legal representative: Gan Yuecai Address: 92 Min Zu Da Dao, Nanning Whereas: 1. In order to develop communications business and engage in normal production and operating activities, Party B needs to lease from Party A certain buildings and auxiliary facilities owned, or leased from a third party, by Party A. 2. Both Parties agree that Party A shall provide Party B with building leasing services in accordance with the terms and conditions of the Agreement. THEREFORE, Party A and Party B have reached the following Agreement in the principle of equality, mutual benefit and fairness through friendly consultations: Article One Leased Property 1.1 Buildings and other properties to be leased by Party A to Party B hereunder include all or part of the following: 1.1.1 Buildings in respect of which Party A has title certificates; 1.1.2 Buildings in respect of which Party A does not have title certificates but has obtained permanent use right under relevant documents and agreements; 1.1.3 Buildings under Party's actual control and use notwithstanding disputes over their ownership or title due to historical or other reasons; 1.1.4 Temporary fixtures for which Party A has obtained legal use right. 1.1.5 Buildings or transmission masts owned by Party A; (buildings under 1.1.1 to 1.1.5 above, "Party A's Own Property") 1 2 1.1.6 Buildings leased by Party A from a third party, in respect of which Party A has the right to sub-lease to Party B ("Party A's Subleased Property"). 1.2 Party A agrees to deliver to Party B the above buildings together with their existing auxiliary facilities, such as air conditioning, water, electricity, heating, power and other utilities; provided that, Party B shall pay the relevant fees and charges in accordance with the terms of this Agreement and applicable standards stipulated by relevant government authorities. Article Two Scope and Purpose of Lease 2.1 Party A agrees to lease the buildings and their auxiliary facilities (the "Leased Property") listed in the Schedules attached hereto to Party B in accordance with the terms and conditions of the Agreement (see the Schedules for the list and details of the Leased Property). Party B agrees to lease from Party A the Leased Property in accordance with the terms and conditions of the Agreement hereunder. 2.2 Party B shall use the Leased Property for placing communications equipment, office use, conducting business operations or carrying out other legal activities and shall not alter the use of the Leased Property or sublease them without Party A's consent thereto. Article Three Delivery of Leased Property Party A shall clean up and deliver the Leased Property to Party B upon execution of the Agreement. The Leased Property, upon delivery, shall be in good conditions satisfactory to the requirements of Party B. Article Four Payment of Rent and Relevant Fees 4.1 Payment of the rent of Party A's Own Property and other related fees: 4.1.1 Party B agrees to pay Party A rent for Party A's Own Property and the auxiliary facilities, charges for use of relevant facilities and equipment, as well as property management fees in accordance with the provisions of the Agreement. The rent for the Leased Property shall be calculated on the basis of the amounts listed in the column of "Evaluated Rent/Square Meter/Year" in the Schedules attached hereto; rent of direct current electricity generating equipment per year = original purchase price of such direct current electricity generating equipment * user's share in the total consumption of electricity (in %) * (yearly depreciation ratio of such equipment + yearly maintenance expenses of such equipment)/(1- circulation tax rate), where the yearly depreciation ratio is 16.7%, the 2 3 yearly maintenance expenses of such equipment is 3.5%, and the circulation tax rate is 3.3%. Water and electricity fees shall be charged on the basis of actual consumption and in accordance with the applicable national standards. The property management fee shall be charged in accordance with the applicable national regulations. Direct current electricity fees, the water fees and the electricity fees shall be payable on a monthly basis. 4.1.2 Party B shall pay, within 60 days upon the execution of the Agreement, the rent for the period from July 1, 2000 to December 31, 2000 for the Leased Property and the auxiliary facilities. Party A and Party B agree that the rent shall be paid on a semi-annual basis beginning from 2001. The Parties shall complete the verification of specific items and amounts of the rent by March 15 and September 15 each year. The rent of the Leased Property for the first half and second half of the year shall be paid by Party B to Party A on or before March 25 and September 25, respectively. Party A shall provide Party B with valid invoices in respect of such payment upon the settlement. 4.1.3 Party B shall pay the rent in accordance with the provisions of the Agreement prior to the expiry of the payment period stipulated herein. If Party B fails to fulfill its obligation of payment stipulated in the Agreement, Party B shall be charged a penalty of 0.03% of the overdue and unpaid amount per day until Party B has fulfilled such obligations; in the event that Party B fails to make the payment as stipulated in the Agreement for two months, Party A shall have the right to terminate the lease to Party B of the relevant part of the Leased Property, but other parts of the Agreement shall remain valid. 4.1.4 Party A shall pay the taxes and expenses in respect of the lease of Party A's Own Property. 4.2 Payment of rent and related fees for Party A's Subleased Property In respect of Party A's Subleased Property, Party A shall advise Party B the rent, the time of rent payment and the method of payment agreed upon by Party A and the third party from whom Party A subleases such property. Party B shall pay such third party directly such rent at such time and in such method as advised by Party A. Article Five Use, Increase and Decrease of Leased Property 5.1 Party B shall have the right to occupy and enjoy the use of the Leased Property and the auxiliary facilities without interference in accordance with the provisions of Article 2 during the term of the Agreement. 5.2 According to its business needs, Party B may request Party A to increase or decrease the amount of the Leased Property and Party A shall give its consent if conditions permit. The Parties shall then re-determine the rent and other 3 4 related fees on the basis of the amount and quality of the increased or decreased Leased Property. Article Six Fitting-out and Renovation; Advertising on Leased Property 6.1 Party B has the right, upon Party A's written consent and at its own expense, to conduct any fitting-out, installation, change or improvement inside or outside the Leased Property; provided that, Party B shall ensure that: (1) Such fitting-out, installation, change and improvement will not in any essential way change the nature of the Leased Property; (2) Any construction project relating to such fitting-out, installation, change and improvement will be conducted in an appropriate way so that all the people and properties are protected and the businesses of Party A in the nearby area will not be unreasonably disturbed; (3) In the event that such fitting-out or renovation work endangers or causes any potential danger to the safety of the original structure, Party B shall reinstate the Leased Property and make compensation for the corresponding losses, if any. 6.2 Party B may, to the extent that it will not infringe upon Party A's interests, promote its enterprise image and businesses by hanging or posting promotional materials or in other legal ways on the side walls of the Leased Property; provided that such promotion activities shall not exceed the limits of the Leased Property. The Parties shall specify the scope of such promotion activities and locations allowed for such promotion materials when entering into lease of the Leased Property. Upon termination of the Agreement, Party B shall reinstate the Leased Property at its own expense and return the Leased Property to Party A; or, Party B shall return the Leased Property as fitted out and renovated, in which case Party A shall make appropriate compensations to Party B. Article Seven Maintenance, Repair, Replacement and Improvement of Leased Property 7.1 Party A shall conduct routine maintenance, repairs, replacement and improvement of the Leased Property and the auxiliary facilities at its own expense; provided that, expenses incurred from maintenance and repairs resulted from inappropriate use by Party B shall be borne by Party B. 7.2 Party A shall immediately repair any damage to the Leased Property not caused by Party B, exert its utmost efforts to ensure the normal use by Party B of the Leased Property and bear the expenses in connection therewith. In the event that such an instance occurs and, in Party B's judgment, the damage is so serious as to affect the normal use of the Leased Property by Party B, Party B may select to issue a written notice to Party A, requesting to suspend or 4 5 terminate the lease of the damaged part of the Leased Property, in which case Party B need not pay the rent for the damaged part of the Leased Property beginning from the occurrence of such damage. 7.3 Party B shall repair or compensate for damages caused by it to the Leased Property and the relevant constructions or other facilities of Party A and bear the expenses. In the event of such an instance, Party A, judging from the seriousness of the damage, may have the option to issue a written notice to Party B, requesting to suspend or terminate the lease of the damaged part of the Leased Property, to which Party B shall give its consent, in which case Party B shall pay the rent due prior to such termination for the damaged part of the Leased Property and other relevant charges. Article Eight Term, Cancellation and Renewal of Agreement 8.1 The Agreement, upon execution by the authorized representatives of the Parties and affixing with their official seals, shall come into effect on August 20, 2000 and will be in effect for one year. 8.2 Unless otherwise stipulated in the Agreement or with Party B's prior written consent, Party A shall not terminate the Agreement prior to the expiration of the lease term hereunder. According to its actual needs, Party B may terminate or partially cancel the Agreement prior to the expiration of the term of the Agreement upon three month prior written notice to Party A. Within seven days after the termination of the Agreement, Party A shall refund Party B the rent for the period between the date of the termination and the expiration of the lease term. 8.3 The Agreement shall be automatically extended for one year upon Party B's six month prior written notice for extension of the lease term, unless Party A indicates otherwise in writing. The times of such extension shall be unlimited. Article Nine Representations and Warranties of Parties 9.1 Each of the Parties represents and warrants to each other as follows: (1) It is a limited liability company duly established and in valid existence under the laws of the People's Republic of China; (2) It has the right and authority to enter into the Agreement and fulfill its obligations; (3) Its representative who will sign the Agreement has been fully authorized to do so by a valid letter of authorization or by the relevant resolution of its Board of Directors; and (4) Upon the execution of the Agreement and its annex attached hereto, the Agreement shall be binding upon it and can be enforced under applicable laws. 5 6 9.2 Party A hereby represents and warrants to Party B as follows: (1) Party A has the right and authority to legally own the Leased Property stipulated under the Agreement, and possesses all the relevant and complete approvals and certificates evidencing its legal ownership of the Leased Property stipulated under the Agreement, or has the right to sublease to Party B properties it leases from a third party. Party A has the right to enter into the Agreement and to lease or sublease to Party B the Leased Property stipulated in Article One (including the site and auxiliary facilities) in accordance with the terms and conditions herein; in the event that Party A's property rights and use rights to the property herein are contested in any circumstances and for whatever reasons, and Party B is unable to exercise its rights as a lessee or sustain other damages, Party A agrees to hold harmless from and indemnify Party B against any losses resulted therefrom; (2) Upon delivery to Party B for use, the Leased Property shall be in good conditions for normal use; (3) As long as Party B has paid the rent for the Leased Property and observed and fulfilled all the representations, commitments and conditions under the Agreement, Party B shall be able to freely occupy and enjoy the use of the Leased Property within the term of the Agreement without interference. 9.3 In the event that any representations or warranties made by Party A in Articles 9.1 and 9.2 above are untrue or incomplete, Party B shall have the right to terminate the Agreement at any time, in which case Party B shall have the right to claim compensation from Party A for all the actual losses Party B has sustained. 9.4 Party B hereby represents and warrants to Party A as follows: 9.4.1 Party B will pay the relevant rent to Party A on a timely basis in accordance with the Agreement. In the event that Party B delays the rent payment for more than one day, Party B shall, in addition to payment of the rent overdue, pay, upon Party A's demand, a penalty of 0.03% of the total overdue and unpaid payment for each day overdue until Party B has completely fulfilled its obligations; 9.4.2 Without Party A's written consent, Party B shall not sublease or transfer to a third party any part of the Leased Property or any of its rights and obligations hereunder, or change the use and purpose of the Leased Property and any utilities. Should Party B violate any of the aforesaid provisions, Party A shall have the right to request Party B to stop such conduct and pay a penalty equal to two times the proceeds from such sublease or transfer received by Party B, if any. 6 7 Article Ten Undertakings and Indemnification 10.1 Unless otherwise stipulated in the Agreement, Party B shall, upon the demand of Party A, indemnify Party A against and hold Party A harmless from losses, expenses, damages, claims, actions, debts or liabilities arising from the following causes: 10.1.1 injuries of any person or damages of property of citizens or institutions other than Party A or both Parties to the Agreement due to failure of performance or observation by Party B of the Agreement, unless such losses, expenses, damages, claims, actions, debts or liabilities were caused by Party A's gross negligence or willful misconduct or by an event of Force Majeure. 10.2 Unless otherwise stipulated in the Agreement, in the event of personal injuries or property damages within the premises of the Leased Property due to failure of Party A to fulfill its rights and obligations as stipulated in the Agreement, Party B may claim for compensation from Party A and Party A shall indemnify Party B against and hold Party B harmless from any losses, expenses, damages, claims, actions, debts or liabilities unless such events were caused by gross negligence or willful misconduct on the part of Party B or by an event of Force Majeure. 10.3 Due to historical reasons, certain Leased Property leased by Party B have not been granted with title certificates and leasing permits. The Parties agree that Party A shall obtain the aforesaid certificates and permits [Note: Agreements on obtaining such leasing permits may be reached in accordance with the applicable regulations in each province.] and Party B shall render necessary assistance. Party A shall bear all the relevant fees and expenses in the course of obtaining the aforesaid certificates and permits. Before Party A has obtained such certificates and permits, neither Party shall cancel the Agreement on the ground that Party A has not acquired the aforesaid documents, or the Party raising the issue of canceling the Agreement shall bear, in addition to its own losses, all the losses sustained by the other Party. 10.4 Party A hereby acknowledges and agrees that any dispute with a third party arising from the lack of clarity of the property rights of the Leased Property shall have no bearing on Party B, and that Party A shall resolve any contest raised by any third party over Party B's use of the Leased Property, and such contest shall not affect Party B's use of the Leased Property hereunder. Party A shall compensate Party B for any losses sustained by Party B as the result of the aforesaid reason. Article Eleven Confidentiality 11.1 Both Parties to the Agreement herein shall keep strictly confidential the operational data and information of the other Party. Neither Party shall, without the other Party's written consent, provide or disclose to any company, enterprise, organization or individual any data or information with regard to 7 8 the operations of the other Party, except for circumstances stipulated by the laws of the PRC or of the listing place of China Mobile (Hong Kong) Limited, or by either Party, for the purpose of its reorganization, to a third party (including without limitation to, relevant government departments and all the intermediary institutions involved in the reorganization) orally or in writing. Article Twelve Liabilities for Breach of Agreement 12.1 Any failure of either Party to perform any of the terms hereunder shall be deemed as breach of contract. Upon confirmation of occurrence of a breach, the breaching Party shall, within ten days of receiving a written notice from the non-breaching Party explain the circumstances of the breach, correct the breach and make written notification to the non-breaching Party to the same effect; in the event that within ten days the breaching Party has not corrected the breach or rendered any explanation in writing, the other Party shall have the right to terminate the Agreement prior to its expiration without notifying in writing the breaching Party, in which case the breaching Party shall be responsible to compensate all the economic losses thus sustained by the other Party. In the event that one Party believes that breach is nonexistent, both Parties shall consult with each other and try to resolve the issues thus caused. Should no resolution be reached through consultation, the issue shall be resolved in accordance with the dispute resolution clause herein. Article Thirteen Force Majeure 13.1 Any event or circumstance beyond the reasonable control of the Parties and could not be avoided by exercise of due care on the part of the affected Party shall be deemed as an "event of Force Majeure" and shall include, but not limited to, earthquake, fire, explosion, storm, flood, lightening, or war. 13.2 Neither Party shall bear any liability for breach of contract to the other Party for its failure to carry out all or any of its obligations hereunder as a result of an event of Force Majeure. However, the Party or Parties affected by an event of Force Majeure shall, within fifteen days of the occurrence of the such event, notify the other Party of such event of Force Majeure along with relevant documentary evidence issued by the relevant government authorities. The Party or Parties shall resume the performance of its/their obligations hereunder within a reasonable period of time after the effects of the event of Force Majeure have been eliminated. Article Fourteen Governing Law and Dispute Resolution 14.1 The execution, validity, implementation, interpretation and resolution of dispute of the Agreement shall be governed by the laws of the People's Republic of China. 14.2 Any dispute arising from or in connection with the validity, interpretation or execution of this Agreement shall be settled by the Parties through friendly consultations. In the event that no resolution can be reached through 8 9 consultations, either Party may submit the dispute to Nanning Arbitration Commission for arbitration in accordance with its then effective arbitration rules. Once Guangxi Mobile Communication Company Limited is transformed into a wholly foreign-owned enterprise, the dispute resolution institution will automatically change into China International Economic and Trade Arbitration Commission and any disputes shall be resolved in accordance with its then effective rules thereof in Beijing [or Shanghai]. The award of such arbitration shall be final and binding upon both Parties. 14.3 Except for matters under arbitration, the remaining part of the Agreement is still in effect during the time of arbitration. Article Fifteen Assumption and Transfer of Agreement 15.1 Neither Party may assign or transfer all or any part of its rights and obligations under the Agreement to any third party without the other Party's prior written consent thereto. 15.2 In the event that Party A transfers its own buildings, Party A shall ensure that the Agreement will be equally binding upon the transferee. 15.3 Party A hereby acknowledges that Party B may be transformed into a wholly foreign-owned enterprise during the term of the Agreement without consent or acknowledgement by Party A either prior to or after the event, and that Party B's entire rights and obligations under the Agreement shall not be affected or changed on the ground that the nature of the company has changed into a wholly foreign-owned enterprise. Party A will acknowledge the legal status of such wholly foreign-owned enterprise in performing this Agreement. Article Sixteen Miscellaneous 16.1 The Agreement constitutes the entire agreement between the Parties with respect to the subject matter of the Agreement and supercedes any and all discussions, negotiations and agreements between them regarding the same subject matter prior to the execution of this Agreement. 16.2 In the performance of the Agreement, if any provision herein becomes ineffective or unenforceable as the result of implementation or amendment of law, such provision shall be ineffective to the extent that such law applies, without invalidating the remaining provisions of the Agreement. The Parties hereto have the rights to amend the provisions affected by the future implementation or amendment of law, which amendment shall constitute an integral part of the Agreement on the condition that such amendment will have no material effect on either Party's economic benefits hereunder. 16.3 Neither Party shall have the right to amend or modify this Agreement without both Parties' written confirmation thereof; the Parties, however, shall be able 9 10 to enter into supplementary agreements to govern matters not considered herein. 16.4 The Agreement is signed in four counterparts. Each Party will keep two copies. The annex and/or supplementary agreements hereto are an integral part hereof and shall have the same force and effect as the Agreement. Party A: Guangxi Communication Party B: Guangxi Mobile Service Company Communication Company Limited By: s/ Gu Xiong By: s/ Gan Yuecai ---------------------------------- ------------------------------------- Legal or authorized representative Legal or authorized representative 11 Nanning Branch Company Subleased Properties (Buildings)
Name of Occupant of Properties: Guangxi Mobile Communication Company Limited, Nanning Branch Base Date of Appraisal: June 30, 2000 (in RMB) ------ --------- --------- --------- ------------- --------------- ------------- -------------- --------------- No. Chesterton City County Name of Detailed Land Use Building Structure Petties Building Address Certificate Ownership Ltd. No. Number Certificate Number ------ --------- --------- --------- ------------- --------------- ------------- -------------- --------------- 1 10012 Nanning Nanning Jingaolou Level 13, 93 Frame Base You#ai Road, Station Nanning Building 2 10022 Nanning Nanning Diamond Level 17, 66 Frame Plaza Base Chaoyang Station Road, Nanning 3 10032 Nanning Nanning Yinyuge Level 15, 27 Frame Base Dongge Road, Station Nanning Building 4 10042 Nanning Nanning Sanyuan Level 7, 2 Frame plaza Base Zhongshan Station Road, Nanning Building 5 10052 Nanning Nanning Jin*lou Level 13, 93 Frame Base You#ai Road, Station Nanning Building 6 10062 Nanning Nanning Baiwanzhuang Building No. Frame Base 21, 31 Station Hengyang Building Raod, Nanning 7 10112 Nanning Hengxian Baihe Base Post Office Heng Building Frame Station of Anping Ownership Building Street, Baihe Certificate Town, Hengxian Baihe Zi No. F00109 8 10172 Nanning Pingxiang Pingxiang Near the Ping Building Frame Movable Local Branch Ownership Tower of Pingxiang Certificate Zi Building Railway No. 00001913 Station 9 10192 Nanning Wuming Yilingyan Room 1 on Brick/Concrete Movable hilltop, Equipment Yilingyan Room Scenic Spot, Wuming 10 20072 Nanning Binyang Xinqiao Post Office Brick/Concrete Production of Xinqiao Building Town, Binyang 11 20092 Nanning Hengxian Daqiao Post Office Frame Production of Daqiao Building Town, Hengxian 12 20102 Nanning Wuming Luobo Level 4 of Guangxi- Wu Building Frame Production Telecom Wuming Xian- Ownership Building Production Hua-012 Certificate Bo Building, Zi No. Luobo Town, 0110808191 Wuming 13 20112 Nanning Wuming Luowei Room 5 of Guangxi- Wu Building Frame Production Open Economic Wuming Xian- Ownership Building Zone, Luowei Hua-013 Certificate Town, Wuming Luowei Zi No. 0110208192 14 20122 Nanning Wuming Wuming Level 13 and Guangxi- Wu Building Frame Telecom 15, 18 Xingwu Wuming Xian- Ownership Building Avenue, Wuming Hua-014 Certificate Zi No. 0110108189 15 30012 Nanning Shanglin Mingliang Level 1, 108 Process Shang Building Brick/Concrete Sales Xinxing denied* Ownership Building Street, Certificate Zi Mingliang, No. 990001040 Shanglin 16 40012 Nanning Nanning Bao#ai Road 27-1 Bao#ai Guangxi- Brick/Concrete Salvage Road, Naning Naning-Hua Building -019 17 40032 Nanning Nanning Bao#ai Road 27-1 Bao#ai Guangxi- Brick/Concrete Original Road, Naning Naning-Hua Machine -019 Repairing Room 18 40047 Nanning Nanning Bao#ai Road 27-1 Bao#ai Guangxi- Brick/Concrete Electric Road, Naning Naning-Hua Cable -019 Warehouse 19 40052 Nanning Nanning Screening Telecom Brick/Concrete Room of Building, 18 Minzu Minzu Avenue, Avenue Naning Telecom Building 20 On the Nanning Binyang Binyang Inside Post Frame priority Luwei Base Office Branch list Station of Luwei, Binyang 21 On the Nanning Binyang Binyang Roofing of Frame priority Daqiao Base Post Office list Station Branch of Luwei, Binyang ------ --------- --------- --------- ------------- --------------- ------------- -------------- --------------- Total ------ --------- --------- --------- ------------- --------------- ------------- -------------- ---------------
Name of Occupant of Properties: Guangxi Mobile Communication Company Limited, Nanning Branch Base Date of Appraisal: June 30, 2000 (in RMB) ------ --------- ------- -------- ---------- ---------- ------------- ----- Time of No. Chesterton Number Floorage Completion Evaluated Remarks Petties of of of the Rent/Square Ltd. No. Stories Buildings Building meters/ (Square (mm/yy) yy meters) yuan ------ --------- ------- -------- ---------- ---------- ------------- ----- _ 1 10012 13 69.51 Jun-96 240 Commercial | Building & | 10052 | | | 2 10022 17 32.00 Dec-97 240 Commercial | Building | | | 3 10032 15 39.16 Jun-00 240 Commercial | 8.81 Building | | | | 4 10042 7 92.30 Jun-00 240 Office | Building | | | | 5 10052 13 69.51 Jun-00 240 Commercial | Building _| 6 10062 21 64.80 Jun-00 240 Commercial Building 8.1 7 10112 6 342.00 Dec-98 120 Base Station 4.1 Building 8 10172 4 335.64 May-98 180 Business 6.04 Building 9 10192 1 31.00 Mar-98 60 Base Station 0.18 Building 10 20072 4 222.00 Aug-93 100 2.22 11 20092 6 134.38 Jun-00 120 1.61 12 20102 4 285.58 Jan-98 120 3.43 13 20112 4 215.51 Mar-98 130 2.8 14 20122 16 785.83 Mar-98 180 30042 for 14.15 business purposes, 80M2, 20122 for office use, 785.83M2 15 30012 2 138.76 Sep-87 300 4.16 16 40012 1 100.00 Dec-00 80 0.8 17 40032 1 505.00 Jan 76 100 5.05 18 40042 1 278.00 Dec-77 100 2.78 19 40052 1 10.00 Oct-95 150 0.15 20 On the 169.00 Apr-98 120 2.03 priority list 21 On the 300.00 Aug-97 120 0.36 priority list ------ --------- ------- -------- ---------- ---------- ---------------------- 3,949.98 58.67 ------ --------- ------- -------- ---------- ---------- ----------------------
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Nanning Branch Company Subleased Properties (Fixtures) Name of Occupant of Properties: Guangxi Mobile Communication Company Limited, Nanning Branch Base Date of Appraisal: June 30, 2000 (in RMB) ------ --------- --------- --------- ------------- ---------- ------------- ---------- -------------- -------- No. Chesterton City County Name of Detailed Land Use Structure Specification Unit Petties Building Address Certificate Ltd. No. Number ------ --------- --------- --------- ------------- ---------- ------------- ---------- -------------- -------- 1 50012 Nanning Nanning Tower Base Gaoling Frame 8x8 Cubic Village, Meters Nanning 2 50022 Nanning Nanning Tower Base Shibu Frame 8x8 Cubic Village, Meters Nanning 3 50032 Nanning Nanning Tower Base Farm of the Frame 8x8 Cubic air force, Meters Nanning 4 50042 Nanning Nanning Tower Base Mingyang farm, Frame 8x8 Cubic Nanning Meters 5 50052 Nanning Nanning Eighth Fuzhe Base Frame 2x2 Cubic Phase Station, Meters Movable Nanning Tower Base 6 50062 Nanning Nanning Eighth Shuangding Frame 2x2 Cubic Phase Base Station, Meters Movable Nanning Tower Base ------ --------- --------- --------- ------------- ---------- ------------- ---------- -------------- -------- ------ --------- --------- --------- ------------- ---------- ------------- ---------- -------------- --------
------ --------- ------------- ------------- ---------- ------------- Time of No. Chesterton Quantity Completion Evaluated Remarks Petties of the Rent/Square Ltd. No. Building meters/ (mm/yy) yy yuan ------ --------- ------------- ------------- ---------- ------------- 1 50012 640.00 Apr-98 14,746 2 50022 640.00 Apr-98 14,746 3 50032 640.00 Apr-98 14,746 4 50042 640.00 Apr-98 14,746 5 50052 40.00 Jun-00 950 6 50062 40.00 Jun-00 950 ------ --------- ------------- ------------- ------------------------ Total:RMB 60,900 ------ --------- ------------- ------------- ------------------------
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Liuzhou Branch Company Subleased Properties (Buildings) Name of Occupant of Properties: Guangxi Mobile Communication Company Limited, Liuzhou Branch Base Date of Appraisal: June 30, 2000 (in RMB) ------ --------- --------- --------- ------------- --------------- ------------- -------------- --------------- No. Chesterton City County Name of Detailed Land Use Building Structure Petties Building Address Certificate Ownership Ltd. No. Number Certificate Number ------ --------- --------- --------- ------------- --------------- ------------- -------------- --------------- 1 10103 Liuzhou Luzhai Dahu Base Dahu Brick Leasing Guangxi Building Brick/ Station Factory, Ownership Concrete Shiliu River Certificate Lu Farm, Luzhai Zheng Zi No. County, 004416 Liuzhou 2 10113 Liuzhou Luzhai Dongyuan Base Shengli Leasing Guangxi Building Brick/ Station Chemical Ownership Concrete Plant, Luzhai Certificate Lu County, Zheng Zi No. Liuzhou 004420 3 40053 Liuzhou Liuzhou Machine Room Qiaodong, Brick/ tanzhong Concrete Avenue, Liuzhou 4 40063 Liuzhou Liuzhou Pump House Qiaodong, Brick/ tanzhong Concrete Avenue, Liuzhou
------ --------- ------- -------- ---------- ---------- ------------- ----- Time of No. Chesterton Number Floorage Completion Evaluated Remarks Petties of of of the Rent/Square Ltd. No. Stories Buildings Building meters/ (Square (mm/yy) yy meters) yuan ------ --------- ------- -------- ---------- ---------- ------------- ----- 1 10103 1 56.25 Oct-98 100 Production 0.56 2 10113 1 56.25 Oct-98 100 Production 0.56 3 40053 2 174.72 Dec-95 120 Building 2.09 Ownership Certificate in the process, Production 4 40063 1 35.00 July-95 120 Building 0.42 Ownership Certificate in the process, Production ------ --------- ------- -------- ---------- ---------- ------------------- Total: RMB36,300 ------ --------- ------- -------- ---------- ---------- -------------------
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Baise Branch Company Subleased Properties (Buildings) Name of Occupant of Properties: Guangxi Mobile Communication Company Limited, Baise Branch Base Date of Appraisal: June 30, 2000 (in RMB) ------ --------- --------- -------- ---------- --------------------- -------------- --------------- --------------- No. Chesterton City County Name of Detailed Land Use Building Structure Petties Building Address Certificate Ownership Ltd. No. Number Certificate Number ------ --------- --------- -------- ---------- --------------------- -------------- --------------- --------------- 1 10018 Baise Tianyang Tianyang Room 2, Telecom Yang Building Brick/Concrete Base Composition Ownership Station Building 6, 2 Certificate Jiefang Road, Yang Zhi No. Tianzhou Town, 00002271 Tianyang County 2 10028 Baise Tiandong Linfeng Level 3, Linfeng Brick/Concrete Base Post Office, Station Linfeng Town, Tiandong County, 3 10038 Baise Tiandong Xinzhou Inside the Frame Base Youjiang Bureau of Station Mines, Xiangzhou Town, Tiandong County 4 10138 Baise Yueye Yueye Room 3, Level 3, Guangxi-Yueye Yue Building Frame Tele-exchange 226 Sanyue Street, Hua-001 Ownership Building Tongyue Town, Certificate Yueye County Yang 2000 Zhi No. A000485 5 10158 Baise Pingguo Xin'an* Inside the Na* The land is Brick/Concrete Primary Primary School, owned by Na* School 324 National Road, Primary School Base Pingguo County Station 6 10168 Baise Pingguo Pingguolv Funfair, The land is Brick/Concrete Telecom Pingguolv, Matou owned by the Production Town, Pingguo Aluminum Building County Company 7 10178 Baise Baise Yongyue The land is rented Brick/Concrete Base Station 8 10188 Baise Baise Baifa On the hill of The land is Brick/Concrete Base Baifa Village, rented Station Baise 9 10198 Baise Baise Pingwei On the hillside in The land is Brick/Concrete Base Pingwei Town, rented Station Yangwei County 10 20038 Baise Pingguo Telecom Room 4, Level 1 Guangxi-Pingguo- Ping Building Frame Office and Level 5, 19 (the land has Ownership Building Xinxing Street, been included Certificate Pingguo Town in the Pingguo County Zhongdi Zhi No. Evaluation) 20001166
(in RMB) ------ --------- ------- -------- ---------- ---------- ----------------------------- Time of No. Chesterton Number Floorage Completion Evaluated Remarks Petties of of of the Rent/Square Ltd. No. Stories Buildings Building meters/ (Square (mm/yy) yy meters) yuan ------ --------- ------- -------- ---------- ---------- ------------------------------ 1 10018 6 76.32 Jan-93 120 Original as the 0.92 Production Comprehensive Building 2 10028 3 80 Jan-97 120 Production 0.96 Comprehensive Building 3 10040 3 133 Aug-97 120 The land, owned 1.60 by Xinzhou Bureau of Mines, is used for the base station, and has the leasing agreement 4 10138 3 117.28 Dec-94 120 Production 1.13 Comprehensive Building 5 10158 1 53.2 Jun-00 84 For base 0.45 station 6 10168 3 211.5 Mar-99 120 For base 2.54 station _ 7 10178 1 133 Jan-98 72 For base | station, and | the land is | rented | | 8 10188 1 50 May-98 72 For base | 1.82 station, and | the land is | rented, term | of the rent | is fifty years | | 9 10198 1 70.41 Apr-98 72 For base | station, and | the land is | rented from the | Posts and | Telecommunications | Administration, | fee for the | fifty years' | rent is one-off | paid _| 10 20038 5 406.74 May-88 120 Originally 4.88 used as the garage material depot
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Name of Occupant of Properties: Guangxi Mobile Communication Company Limited, Baise Branch Base Date of Appraisal: June 30, 2000 (in RMB) ------ --------- --------- --------- ------------- --------------- ------------- -------------- --------------- No. Chesterton City County Name of Detailed Land Building Structure Petties Building Address Certificate Ownership Ltd. No. Number Certificate Number ------ --------- --------- --------- ------------- --------------- ------------- -------------- --------------- 11 20068 Baise Yueye Yueye Room 1, Level 1, Yue Building Brick/Concrete Composition and Room 3, Level Ownership Building 3, 226 Sanyue Certificate Street, Tongyue 2000 Zhi No. Town A000482 12 30018 Baise Tianyang Retail Room 2, Level 1, Yang Building Brick/Concrete Outlet 12 Jiefang Street, Ownership Tianzhou Town, Certificate Tianyang County Yang Zhi 00002272 13 40108 Baise TianLin Maintenance 3 XinChang Road, Tian Building Brick/Concrete Station Yueli Ownership Certificate 2000 Zhi No. 00002506 14 40158 Baise Xilin Warehouse 19 Xinxing Road, Tian Guoyong Xi Building Frame of Xiling Bada Town, Xilin (2000) Zhi Ownership Operating County No. 0204099-1 Certificate Department Bai Zhi No. 792000186 15 40168 Baise Napo garage Room 2, Level 1, Guangxi- Guangxi Brick/Concrete 38 Longquan Xilin-Hua-002 Building Street, Chengxiang (the land has Ownership Town, Napo County been included Certificate Na in the Zhi 7402244 Zhongdi Evaluation) 16 40188 Baise Yueye warehouse 226 Buiding 1, Na Guoyong Yue Building Brick/Stone Sanyue Street, (2000) Zhi Ownership Tongyue Town, No. 172 (the Certificate Yueye County land has been 2000 Zhi No. included in A000483 the Zhongdi Evaluation)
------ --------- ------- ----------- ------------- ---------- ------------- ----- No. Chesterton Number Floorage of Time of Evaluated Remarks Petties of Buildings Completion of Rent/Square Ltd. No. Stories (Square the Building meters/ (meters) (mm/yy) yy yuan ------ --------- ------- -------- ---------- ---------- ------------- ----- 11 20068 3 60.21 Dec-/74 120 Office 20068 0.72 occupies 40.07 M2, operation 30078 occupies 20.14M2 12 30018 4 50.00 Jul-83 216 1.08 13 40108 1 277.07 1964 70 1.94 14 40158 1 38.96 Jul-99 60 0.23 15 40168 3 53.04 Jun-94 110 0.58 16 40188 2 24.4 Jan-92 84 0.2 ------ --------- ------- -------- ---------- ---------- ------------------- Total: RMB 190,500 ------ --------- ------- -------- ---------- ---------- -------------------
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Hechi Branch Company Subleased Properties (Buildings) Name of Occupant of Properties: Guangxi Mobile Communication Company Limited, Hechi Branch Base Date of Appraisal: June 30, 2000 (in RMB) ------ --------- --------- --------- ------------- --------------- ------------- -------------- --------------- No. Chesterton City County Name of Detailed Land Use Building Structure Petties Building Address Certificate Property Title Ltd. No. Number Certificate Number ------ --------- --------- --------- ------------- --------------- ------------- -------------- --------------- 1 10089 Hechi Xuanzhou Xuanzhou Tophill, Xuan Building Brick/ Base Luodong Guoyong Ownership Concrete Station Cement (2000) Zi Certificate Building Plant, No. 8008 Xuanzhou Zi Xuntian 002001 Luodong County, Xuanzhou 2 40109 Hechi Nandan Nandan Chehe Brick/ Base Branch of Concrete Station Nandan Building Sales Department 3 40129 Hechi Hechi Hechi Dashan Brick/ Base Tree Concrete Station Farm, Building Hechi 4 40139 Hechi Dahua Dahua 2 North Da Da Building Brick/ Tool Lane, Guoyong Ownership Concrete Room Dahua (2000) Zi Certificate Town No. 552 Da Zi 200001825 ---------- --------- --------- ------- ---------- ------------- ---------------- ------------ ----- ---------- --------- --------- ------- ---------- ------------- ---------------- ------------ -----
------ --------- ------- -------- ------------ ------------- --------------- ---------- ------------- -------- Time of No. Chesterton Number Floorage Completion Agreement Title Evaluated Remarks Petties of of of the of Building Documents Rent/Square Ltd. No. Stories Buildings Building Purchasing of Sellers meters/ (Square (mm/yy) yy meters) yuan ------ --------- ------- -------- ------------ ------------- --------------- ---------- ------------- -------- 1 10089 1 Oct-98 90 Base 0.32 36.00 Station Building 2 40109 1 40.00 Mar-98 90 Base 0.36 Station Building 3 40129 1 30.00 Mar-98 90 Base 0.27 Station Building 4 40139 2 168.31 1990 100 .68 ------ --------- ------- -------- ------------ ------------- --------------- ---------- ---------------------- Total: 274.31 Total: RMB 26,300 ------ --------- ------- -------- ------------ ------------- --------------- ---------- ----------------------
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Wuzhou Branch Company Subleased Properties (Buildings) Name of Occupant of Properties: Guangxi Mobile Communication Company Limited, Wuzhou Branch Base Date of Appraisal: June 30, 2000 (in RMB) ------ --------- --------- --------- --------------- ---------------- ------------- -------------- --------------- No. Chesterton City County Name of Detailed Building Land Use Structure Petties Building Address Ownership Certificate Ltd. No. Certificate Number Number ------ --------- --------- --------- --------------- ---------------- ------------- -------------- --------------- 1 40057 Wuzhou Cenxi Automatic 70 Cenxi Building Frame Telephone Gongnong, Property Title Building Cenxi Certificate City Proper Zi No. 1002489 2 40067 Wuzhou Cenxi Sales 70 Cenxi Building Frame Building Gongnong, Property Title of Post Cenxi Certificate and City Proper Telecommuni- Zi No. 1002489 cation Office 3 40077 Wuzhou Mengshan Production Level 3 of Meng Building Meng Frame Building Production Property Title Guoyong(2000) of Building of Certificate Zi No. 498 Telecommuni- Telecommuni- Mengshan Zi cation cation No. 100841 196 Xijie, Mengshan County
------ --------- ------- -------- ---------- -------------- ------------- ---------- ----------------------- ----- Time of Agreement Title No. Chesterton Number Floorage Completion of Building Document Evaluated Remarks Petties of of of the Purchasing of Sellers Rent/Square Ltd. No. Stories Buildings Building meters/ (Square (mm/yy) yy meters) yuan ------ --------- ------- -------- ---------- -------------- ------------- ---------- ----------------------- ----- 1 40057 6 60.62 Dec-89 130 Land Use 0.8 Right Certificate is in 2 40067 the application process 6 54.91 Sept-90 130 Land Use 0.7 Right Certificate 3 40077 is in the application process 4 289.85 Sept-90 120 3.48 ------ --------- ------- -------- ---------- -------------- ------------- ---------- ----------------------------- Total 405.38 ------ --------- ------- -------- ---------- -------------- ------------- ---------- ----------------------------- Total: RMB 49,800 ------ --------- ------- -------- ---------- -------------- ------------- ---------- -----------------------------
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Yulin Branh Company Subleased Properties (Buildings) Name of Occupant of Properties: Guangxi Mobile Communication Company Limited, Yulin Branch Base Date of Appraisal: June 30, 2000 (in RMB) ------ --------- --------- --------- ------------- --------------- ------------- -------------- --------------- No. Chesterton City County Name of Detailed Land Building Structure Petties Building Address Certificate Ownership Ltd. No. Number Certificate Number ------ --------- --------- --------- ------------- --------------- ------------- -------------- --------------- 1 10015 Yulin Bobai Retail Building Niujiaoliu Brick/Concrete of Bobai, Hill, Jiangning Base Jiangning Station Building Town, Bobai 2 10025 Yulin Bobai Retail Building Mao Hill, Brick/Concrete of Bobai, Songwang Songwang Town, Town, Bobai Zhifang Station 3 40056 Yulin Luchuan Luchuan 2, Guangming Lu Lu Frame Telecommuni- Alley Guoyong(2000), Building cations Luchuan, Zi No. 01762 Ownership Guangming Certificate Alley, Zi No. Warehouse-2 00004352 4 Zhongdi- Yulin Guiping Guiping Shilong Post Office Frame angeng Base Station Branch, Shilong, Guiping, (Yuling)
------ --------- ------- -------- ---------- -------------- ----------- ----------- ------------- ----- Time of Agreement Title No. Chesterton Number Floorage Completion on Building Document Evaluated Remarks Petties of of of the Purchasing of Sellers Rent/Square Ltd. No. Stories Buildings Building meters/ (Square (mm/yy) yy meters) yuan ------ --------- ------- -------- ---------- -------------- ----------- ----------- ------------- ----- _ 1 10015 60.00 Jun-98 84 Building | for Base | Station, | not | accounted | for, | building | property | title | certificate | and land | certificate | in | process | | 2 10025 20.00 Jun-98 84 Building | 0.67 for Base | Station, | not | accounted | for, | building | property | title | certificate | and land | certificate | in | process _| 3 40056 216.57 Oct-94 84 1.82 4 Zhongdi- 30.00 Sep-97 84 0.25 angeng ------ --------- ------- -------- ---------- -------------- ----------- ----------- ---------------------- Total: RMB 217,480 ------ --------- ------- -------- ---------- -------------- ----------- ----------- ----------------------
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Beihai Branch Company Subleased Properties (Buildings) Name of Occupant of Properties: Guangxi Mobile Communication Company Limited, Beihai Branch Base Date of Appraisal: June 30, 2000 (in RMB) ------ --------- --------- --------- ------------- --------------- ------------- -------------- --------------- No. Chesterton City County Name of Detailed Land Use Building Structure Petties Building Address Certificate Ownership Ltd. No. Number Certificate Number ------ --------- --------- --------- ------------- --------------- ------------- -------------- --------------- 1 10086 Beihai Pubei Equipment Room Top of Back Brick/ on the top of Hill, Longmeng Concrete Longmeng Town Mountain, Pubei 2 10096 Beihai Ling Equipment Top of Liufeng Building Frame Hill Room, Liufeng Hill, Ling Hill Ownership Hill, Ling Certificate Hill, Lingfang Zi No. 20005914 3 10116 Beihai Ling Equipment Equipment Ling Building Brick/ Hill Room, Tanwei, Room, Hill-Hua- Ownership Concrete Ling Hill Tele- 2000-1 Certificate communications Lingfang Zi Branch of No. 20005908 Tanwei, Ling Hill 4 10168 Beihai Ling Bungalow of Bungalow of Dong Building Brick/ Hill Dongxing Posts Dongxing Posts Guoyong Ownership Concrete and and (2000), Zi Certificate Tele- Tele- No. A2966 Dongxing Town communication communication Zi No. 0101389 Xinhua Road 5 20086 Beihai Dongxing Composition Level 4-6, Dong Building Frame Building of Composition Guoyong Ownership Dongxing Posts Building of (2000), Zi Certificate and Dongxing Posts No. A2967/ Dongxing Town Tele- and Dong Zi No. 0200053 communication Tele- Guoyong communication (2000), Zi Jiangping Town, No. B2967 6 30016 Beihai Benbu Block 4, Block 4, Land Beifang Brick/ Dormitory of Dormitory of Entitlement Building Concrete Zhongxingdong Zhongxingdong Certificate Ownership Posts and Posts and 02/ Bei Certificate Tele- Tele- Guoyong (2000) Zi No. communication communication 00007592 171, Beihai, 5 (2000), Zi blocks No. B00626 altogether counting from the West 7 40106 Beihai Ling House for House for Ling Building Steel Hill Removable Removable Hill-Hua- Ownership Reinforced Materials Materials, 17, 2000-5/ Certificate Concrete (Warehouse) Youyi Road, Ling Lingfang Zi Lingcheng Town Guoyong No. 20006911 (2000), Zi No. 01-2058-1 8 Zhongdiangeng Beihai Base Station, Top of Frame Qinzhou Dadong, Qinzhou Government Office Building, Dadong Town, Qinzhou
------ --------- ------- -------- ---------- ---------- ------------------- ----- Time of No. Chesterton Number Floorage Completion Evaluated Remarks Petties of of of the Rent/Square Ltd. No. Stories Buildings Building meters/ (Square (mm/yy) yy meters) yuan ------ --------- ------- -------- ---------- ---------- ------------------- ----- _ 1 10086 1 9.00 98 96 Equipment | Room, Rent | on Credit | | | 2 10096 2 147.94 Mar-96 96 Equipment | 1.95 Room | | | | | 3 10116 1 46.58 Jun-00 96 Equipment | Room, Rent | on Credit _| 4 10168 1 26.00 Jun-66 84 Equipment 0.22 Room 5 20086 6 910.64 Jun-97 180 For Office 16.4 (including 10146 Base Station of 36 sqm) 6 30016 4 148.37 Jan-94 240 Commercial 3.56 Building 7 40106 2 346.43 Jan-77 120 Warehouse 4.15 8 Zhongdiangeng 32.00 Jul-97 84 0.27