EXHIBIT 10.2
TENANCY AGREEMENT
for
Room 908, Westlands Centre, 20 Westlands Road, Quarry Bay
The Hong Kong Special Administrative Region
THIS AGREEMENT made the 1st day of July, 2000 between Easewell Management
Limited (hereinafter called the "Landlord" which expression shall where the
context so admits include the person for the time being entitled to the
reversion immediately expectant on the determination of the term hereby created)
of the one part and POPstar Communications Asia Pacific Limited (hereinafter
called the "Tenant" which expression shall where the context so admits include
the Tenant's successors in title) of the other part WHEREBY IT IS AGREED as
follows:
1. The Landlord lets and the Tenant takes 1,000 square feet of executive
office space (hereinafter called the "said premises") at Room 908,
Westlands Centre, 20 Westlands Road, Quarry Bay, the Hong Kong Special
Administrative Region together with the full free and uninterrupted right
and privilege to use the entrance, staircase, lifts, landings and passages
(so far as the same are necessary for the enjoyment and use of the said
premises) in common with the Landlord and other tenant or tenants for the
time being for the term of 12 calendar months commencing from July 1, 2000
at the monthly rental of US$2,000 (exclusive of rates and management fees)
payable in advance on the first day of each and every calendar month
without deduction, the first of such payments being rent for the month of
July 2000 to be made upon the signing of this Agreement.
2. To secure the due performance and observance of the stipulations, terms and
conditions hereinbefore contained and on the Tenant's part to be performed
and observed, the Tenant shall on the signing of this Agreement pay to the
Landlord by way of deposit the sum of US$2,000. At the expiration or sooner
determination of the said term of tenancy and provided that the rent hereby
stipulated or any other sums of money owing and due by the Tenant to the
Landlord under and by virtue of these presents shall have been fully paid
and all the stipulations, terms and conditions on the Tenant's part
hereinbefore contained shall have been duly performed and observed, the
Landlord shall refund to the Tenant the said deposit of US$2,000 without
interest within fifteen days after the Tenant shall have duly delivered to
the Landlord vacant possession in respect of the said premises.
<PAGE>
3. The Tenant hereby expressly declares and acknowledges that for the grant of
the tenancy hereby stipulated it has not paid to the Landlord, the
Landlord's agent or agents, to any person on the Landlord's behalf or for
the use of the Landlord any fine, premium or construction money or key
money or any sums or value of any kind whatsoever of a like nature or
description and the Tenant hereby expressly understands that any right to
protection against ejectment before afforded by the Tenancy (Prolonged
Duration) Ordinance 1952 as amended by the Tenancy (Prolonged Duration)
(Amendment) Ordinance 1963 or any future amendments or modification thereof
or any future legislation governing and regulating the relationship between
Landlard and Tenant shall not apply to this tenancy.
4. The Tenant hereby agrees to pay all water, gas and electricity charges and
all meter rent for all gas, electricity and other meters installed at the
said premises and intended for use of the said premises and to pay a due
proportion of all charges for the operation and maintenance of the common
passages, lifts, electric water pump, lighting of the common staircases and
common entrance hall and corridors and for keeping such common portions of
the building in which the said premises are located in a clean and tidy
condition, including wages for the watchmen or caretakers, such
proportionate part of the said charges together with all taxes, assessments
and outgoings to be paid to the Landlord's registered office on the first
day of each and every month together with the said rent of the said
premises.
5. The Tenant agrees to use the said premises for itself only. The Tenant
shall not sub-let, sub-lease or allow any third party to occupy the said
premises without the prior written consent of the Landlord.
6. The Tenant shall not make or permit to be made any alterations in or
additions to the said premises without the prior written consent of the
Landlord therefor or cut or maim or injure or suffered to be cut, maimed or
injured any doors, windows, wall, joists, beams, timbers, pipings or
wirings thereof and to take all reasonable precautions to protect the said
premises from damage threatened by an approaching storm, tropical
depression or typhoon.
7. The Tenant shall not store arms, ammunition or unlawful goods, gun-powder,
kerosene, gasoline or any dangerous, explosive or combustible substance in
any part of the said premises, and shall be answerable and responsible for
any consequence of any breach of local ordinances. The Tenant shall not use
the said premises for any purpose prohibited by law.
<PAGE>
8. The Tenant shall pay on demand to the Landlord the cost incurred by the
Landlord in cleansing and cleaning any of the drains choked or plugged as a
result of careless use by the Tenant or its employees or workmen.
9. The Tenant shall itself cover insurance for its own belongings, loss and
liability against typhoon, tropical depression, storm, flood, fire, theft
and accidents in relation to this tenancy. The Tenant shall not be
responsible for any damage or loss under all circumstances.
10. The Tenant shall permit the Landlord or its agents with or without workmen
or others and with or without appliances at all reasonable times to enter
upon the said premises and to view the conditions thereof and to take
inventories of the fixtures therein and to carry out any repairs to the
premises which the Landlord, in its reasonable opinion, considers necessary
or proper to be done.
11. During the two months immediately preceding the determination of the said
term of tenancy, the Landlord or its agents shall be at liberty to affix
and retain without interference or molestation on the door or the external
parts of the said premises a notice of letting the said premises and the
Tenant shall permit and allow all persons with written authority from the
Landlord or its agents at all reasonable hours of the business day to view
the said premises or any part thereof.
12. The Tenant shall yield up the said premises and all additions thereto and
all fittings and fixtures therein including the fixtures hereto and any
other fixtures subsequently added in tenantable repair and condition (fair
wear and tear and accidents by fire excepted) at the expiration or sooner
determination of the tenancy.
13. Any notice under this Agreement shall be in writing and any notice to the
Tenant shall be sufficiently served if left addressed to the Tenant on the
said premises or sent to the Tenant by registered post to the Tenant's last
known place of business and any notice to the Landlord shall be
sufficiently served if delivered to it at its registered office or sent by
registered post addressed thereto.
14. The expression "Tenant" shall (where the context permits) mean and include
the party or parties specially named herein, the members of such party or
parties and the executors and administrators of each member.
15. Each party shall bear its own costs and expenses incidental to the signing
of this Agreement.
<PAGE>
16. The Tenant has expressly and thoroughly read the contents of this Agreement
which shall absolutely and immediately be determined if Tenant causes any
material breach of any item herein.
17. Should the Tenant with the express or implied consent of the Landlord
continue to occupy the said premises or any part thereof after the
expiration of the said terms of tenancy or any renewal thereof, the Tenant
shall be considered to be a calendar monthly Tenant and shall give one
calendar month's notice if its intention to quit and shall be bound to quit
the premises upon receiving one calendar month's notice in that behalf from
the Landlord such notice to expire at the end of any current month of this
tenancy.
18. This Agreement shall be construed and interpreted in accordance with the
laws of the Hong Kong Special Administrative Region.
THIS AGREEMENT was given on the day and year first written above.
Signed for and on behalf of the Landlord
/s/ Thompson Chu
------------------------------------
Name: Thompson Chu
Title: Director
Signed for and on behalf of the Tenant
/s/ John McDermott
------------------------------------
Name: John McDermott
Title: President
