Letter of Commitment dated May 1, 2018 by and between the Registrant and Metro Investment Group Limited (Unofficial English Translation)
EX-10.4 5 f8k071018ex10-4_aerkomm.htm LETTER OF COMMITMENT DATED MAY 1, 2018 BY AND BETWEEN THE REGISTRANT AND METRO INVESTMENT GROUP LIMITED (UNOFFICIAL ENGLISH TRANSLATION)
Exhibit 10.4
Letter of Commitment
Promiser: | Aerkomm Inc. |
Aerkomm Taiwan Inc. |
I. | For the land located at No. 89-49 Dashuiku Section, Xinyi District, Keelung City (the area is 7,690.46 Pyeong, approximately 273,651 square feet, all parts thereof are held, the original land number is 89-18, and it is changed to 89-49 as a result of the reorganization by the land office, and the area and location remain unchanged), the landowner TSAI MING-YIN agrees to sign a real estate sales contract with the promiser in respect of the above subject property at a total price of NT$ (the same below) One Billion Five Thousand Six Hundred Twenty-nine Million Seven Thousand Five Hundred and Seven Dollars (NT$1,056,297,507, approximately US$34,712,373) through the agent Metro Investment Group Limited, and the Promiser agrees to pay the agent commission to Metro Investment Group Limited. |
II. | Terms of payment: If Metro Investment Group Limited smoothly facilitates the completion of the above real estate sales contract, the Promiser shall pay the agent a commission based on four percent (4%) of the full contract price (NT$1,056,297,507, approximately US$34,712,373), which equivalent to NT$42,252,900 (approximately US$1,388,528), to Metro Investment Group Limited. |
III. | Time of payment: Ninety (90) days from the completion of signing of the sales contract and full payment of the contract price by the Promiser. |
IV. | In the event of any delay in payment, the Promiser shall pay an additional punitive liquidated damages of one tenth of one percent (0.1%) per day of the agent commission per day. The punitive liquidated damages shall be limited to 5% of the agent commission. |
V. | Jurisdiction: In the event of any lawsuit arising out of this Letter of Commitment, both parties agree to take Taiwan Taipei District Court as the court of first instance with jurisdiction. |
Yours sincerely,
Metro Investment Group Limited
Promiser: Aerkomm Inc. | /s/ Jeffrey Wun | |
Legal Representative: | Jeffrey Wun, CEO | |
Aerkomm Taiwan Inc. | /s/ Aerkomm Taiwan Inc. (Corporate Seal) | |
Legal Representative: | HSU, CHIH-MING /s/ Hsu, Chih-Ming (Personal Seal) |
The 10th day of July, 2018