Exhibit 10.1
Lease Agreement Between
Catalyst Semiconductor (Thailand) Co., Ltd. and
Stars Microelectronics (Thailand) Public Company Limited
1.
PARTIES
THIS LEASE IS MADE AND ENTERED INTO THIS 01ST DAY OF MARCH, 2007 BY STARS
MICROELECTRONICS (THAILAND) PUBLIC COMPANY LIMITED, HEREINAFTER REFERRED TO AS
"LANDLORD" AND THE CATALYST SEMICONDUCTOR (THAILAND) CO., LTD. HEREINAFTER
REFERRED TO AS "TENANT."
2.
PREMISES
LANDLORD HEREBY LEASES TO TENANT AND TENANT HEREBY LEASES FROM LANDLORD, ON THE
TERMS AND CONDITIONS HEREINAFTER SET FORTH, THAT CERTAIN REAL PROPERTY COMMONLY
KNOWN AS STARS MICROELECTRONICS FACTORY II, BANGPA-IN, WITH APPROXIMATELY 73
SQUARE METERS AT INITIAL PHASE AND EXPANDING TO 836 SQUARE METER AT FULL PHASE
AS PER FOLLOWING SCHEDULE, HEREINAFTER CALLED THE "PREMISES."
Total
Store
Office
10K Class Operation
100K Class Operation
General Support
Phase I
73
-
20
53
-
-
1 March 2007
Phase II
789
100
152
53
368
116
1 Sept 2007
Phase III
836
100
152
100
368
116
1 April 2008
3.
TERM
THE TERM OF THIS LEASE SHALL BE FOR 5 YEARS COMMENCING ON MARCH 1ST, 2007, AND
ENDING ON MARCH 1ST 2012 UNLESS SOONER TERMINATED PURSUANT TO ANY PROVISIONS
HEREOF BY MUTUAL AGREEMENT IN WRITTEN FORM.
4.
RENT
TENANT SHALL PAY TO LANDLORD AS RENT FOR THE PREMISES, MONTHLY PAYMENTS IN
ADVANCE ON THE FIFTEENTH DAY OF EACH MONTH AS FOLLOWS:
374,775 Baht/month for initial phase or 475 Baht/month x actual space arranged
for Tenant.
RENT SHALL BE PAYABLE IN LAWFUL MONEY OF THAI BAHT TO LANDLORD AT:
Stars Microelectronics (Thailand) Public company limited, Bangpa-in industrial
estate (EPZ) 586 moo2, Tambol Klongjig, Amphur Bangpa-in, Avudthaya 13160,
Thailand.
OR AT SUCH OTHER PLACES AS LANDLORD MAY DESIGNATE IN WRITING
5.
SECURITY DEPOSIT
TENANT SHALL DEPOSIT WITH LANDLORD UPON EXECUTION HEREOF, ONE MONTHS RENT OF
374,775 BAHT/MONTH FOR INITIAL PHASE OR 475 BAHT/MONTH X ACTUAL SPACE ARRANGED
FOR TENANT AS SECURITY FOR TENANT'S FAITHFUL PERFORMANCE OF TENANT'S OBLIGATIONS
HEREUNDER.
IF TENANT FAILS TO PAY RENT OR OTHER CHARGES DUE HEREUNDER, OR
OTHERWISE DEFAULTS WITH RESPECT TO ANY PROVISION OF THIS LEASE.
LANDLORD MAY USE, APPLY OR RETAIN ALL OR ANY PORTION OF SAID DEPOSIT FOR THE
PAYMENT OF ANY RENT OR OTHER CHARGE IN DEFAULT OR FOR THE PAYMENT OF ANY OTHER
SUM TO WHICH LANDLORD MAY BECOME OBLIGATED BY REASON OF TENANT'S DEFAULT, OR TO
COMPENSATE LANDLORD FOR ANY LOSS OR DAMAGE WHICH LANDLORD MAY SUFFER THEREBY.
IF TENANT PERFORMS ALL OF TENANT'S OBLIGATIONS HEREUNDER, SAID DEPOSIT, OR SO
MUCH THEREOF AS HAS NOT THERETOFORE BEEN APPLIED BY LANDLORD, SHALL BE RETURNED,
WITHOUT PAYMENT OF INTEREST OR OTHER INCREMENT FOR ITS USE, TO TENANT AT THE
EXPIRATION OF THE TERM HEREOF, AND AFTER TENANT HAS VACATED THE PREMISES.
NO TRUST RELATIONSHIP IS CREATED HEREIN BETWEEN LANDLORD AND TENANT WITH RESPECT
TO SAID SECURITY DEPOSIT.
6.
USE
THE PREMISES SHALL BE USED AND OCCUPIED FOR TENANT'S OFFICE, STORAGE AND
OPERATION AND RELATED PURPOSES.
7.
INSURANCE
TENANT AT ITS SOLE COST AND EXPENSE SHALL MAINTAIN PUBLIC LIABILITY AND PROPERTY
DAMAGE INSURANCE IN THE