Common use of Delivery of the Property Clause in Contracts

Delivery of the Property. 1. Property delivery date: (1) Within two (2) business days from the date of the written notice on delivery of Property given by Party A to Party B, the Parties shall handle the Property handover procedures for the delivery of the Property by Party A to Party B and the timely acceptance of such delivery by Party B. (2) The Parties shall complete the Property handover procedures within two (2) business days. The date of execution of the Memorandum for Property Handover shall be the date of actual delivery of the Property. (3) The Parties have tentatively scheduled the Property delivery date to occur before March 1, 2011. 2. Conditions to delivery of the Property: (1) Party A shall present the originals of the relevant documents and deliver copies thereof to Party B, including the Construction Land Planning Permit, the State-owned Land Use Certificate, the Construction Works Planning Permit, the Construction Works Commencement Permit, the Construction Works Completion Inspection Certificate, the whole set of engineering documents and drawings of the Property and the Fire Control Inspection Certificate (see Appendix 1). (2) Party A warrants that, the Property will have access to water, electricity, communications and other municipal utilities upon delivery to Party B. (3) Party A undertakes to provide Party B with public facilities for its exclusive use based on the following standards: water (DN100 inflow), low-voltage (380V) electricity (with a capacity of no less than 630KVA; the service entrance cabinet and switch as well as the equipment connected to the upper end of the service entrance cabinet shall be installed by Party A inside the leased Property, and the equipment connected to the lower end of the service entrance cabinet shall be connected by Party B) and natural gas pipelines (for the gas boiler). Party A undertakes that the above facilities will provide uninterrupted supply 24 hours a day throughout the year (except for interruption of supply for any reason not attributable to Party A). Party A also undertakes that, the above public facilities shall be installed and connected inside the Property leased by Party B for Party B’s normal use before the date of completion of Party B’s renovation works. If the capacity of the above public facilities or the locations of connection and installation fail to meet the above standards as promised by Party A, Party A undertakes to make up the difference and re-connect the facilities at its own cost. If the capacity of the above agreed standard fails to meet the needs of Party B for its normal use, Party B may add capacity on its own and at its own cost, for which Party A shall actively provide cooperation. (4) Party A and Party B shall sign the Memorandum for Property Handover upon the delivery of the Property, which will confirm the conditions in relation to the handover of the Property and its accessory facilities and equipment. (5) Party A shall hand over the Premises to Party B on an “AS IS” basis. On the date of handover, Party A and Party B shall come to the site of the Premises to take photographs and make video recordings to confirm the current condition of the Premises.

Delivery of the Property. 1. 3.1 Party A shall complete construction and inspection of the Property delivery date: before February 10, 2014 (1) Within two (2) business days from hereinafter referred to as the “agreed date of delivery”) and notify Party B to acknowledge acceptance of the written notice on delivery Property in writing twenty (20) working days prior to the agreed date of Property given by delivery. Party A shall be entitled to Party B, the Parties shall handle the Property handover procedures for the refuse delivery of the Property by without any liability for delay of delivery in the case Party B has caused any delay in payment of the Purchase Consideration and Party A fails to Party B and receive the timely acceptance agreed amount before the agreed date of such delivery by Party B. (2) The Parties shall complete the Property handover procedures within two (2) business daysdelivery. The date of execution of the Memorandum for Property Handover following standards shall be the date of actual delivery of the Property. (3) The Parties have tentatively scheduled the Property delivery date to occur before March 1, 2011. 2. Conditions to satisfied upon delivery of the Property: (1) The Property being completed and be deliverable; (2) The Approval for Acceptance of Planning and the Form of Final Completion for Filing regarding the Property being obtained; (3) The utilities of water supply and power supply and elevators are in working order; (4) All other facilities of the Property shall reach the standards for delivery as prescribed in Appendix 5; and (5) The Property shall satisfy other legal standards for completion and comprehensive inspection. When delivering the Property, Party A shall present provide Party B with the originals construction and project materials related to the Property, including: (1) Final acceptance materials, such as the general plan of completed projects and as-built drawings of single building, structure, equipment and supported facilities; (2) Copies of the Form of Final Completion for Filing; and (3) Other materials relevant documents to the Property and deliver copies thereof the property management thereof. 3.2 Party B shall inspect the Property within twenty (20) working days after receiving Party A’s delivery notice and shall issue an acceptance notice if the Property passes the acceptance inspection. In the case where the Property has been found in violation with any requirement under national or local laws, regulations, rules and norms concerned, or as well as Appendix 5 during inspection, Party B shall issue a rectification notice in writing. Party A shall complete such rectification within one month; if impossible, it shall provide a written rectification commitment to Party B, assuring Party B of the term of rectification and quality. If Party B believes the Property, after rectification, is in material violation with any relevant laws and regulations, or significantly inconsistent with the delivery standards and may actually affect the legal rights and interests of Party B, Party B may appoint an evaluation agency acceptable to both parties to conduct an evaluation. If Party B’s opinion is confirmed after evaluation, Party B shall be entitled to refuse delivery by sending a written notice to Party A and the liabilities for delay of delivery as well as the evaluation fees shall be borne by Party A. Otherwise, Party B shall bear the evaluation fees. 3.3 Failure of Party B to issue an acceptance notice or a written rectification notice within 20 working days after Party A issues the delivery notice shall be deemed as acceptance by Party B of the Property. 3.4 Both parties shall execute the Delivery Receipt of the Property after the inspection and acceptance of the Property. The date of the Delivery Receipt of the Property shall be deemed as the date of actual delivery of the Property (hereinafter referred to as the “actual delivery date”) and Party A shall be deemed performed of its obligation of delivery. If Party B delays execution of or is reluctant to execute the Delivery Receipt of the Property after the Property after the inspection and acceptance of the Property, or if Party A provides the rectification commitment, it shall be deemed that Party A has performed its obligation of delivery. 3.5 Both parties agree that any and all risks of damage and loss of the Property shall be transferred to Party B and any and all expenses related to the Property, including property management fees and utilities fees, shall be borne by Party B from the Construction Land Planning Permitactual delivery date. Party B shall assume any and all liabilities and obligations stipulated in the rules of the property management company concerning property use, management and maintenance. 3.6 If the Property fails to be delivered before or on the agreed date of delivery due to any fault on the part of Party B, the State-owned Land Use Certificaterisks and expenses incurred during this period, the Construction Works Planning Permit, the Construction Works Commencement Permit, the Construction Works Completion Inspection Certificate, the whole set of engineering documents and drawings including damage or loss of the Property and the Fire Control Inspection Certificate (see Appendix 1). (2) Party A warrants thatproperty management fee, the Property will have access to water, electricity, communications and other municipal utilities upon delivery to shall be assumed by Party B. (3) 3.7 Both parties shall separately execute a maintenance agreement. 3.8 Party B shall have the right to name the Property or set up its trade name, logo, nameplate, direction boards or billboards on the roof or on the external wall of or around the Property, provided that the specific plan on such naming and setup shall be subject to the consent of Party A undertakes and be harmonious with the overall planning of the International Electronic Headquarters and conform to the requirements by the competent authorities in this regard. Party B shall be liable for going through relevant approval procedures and Party A promises to provide relevant documents and certifications. All the expenses arising from or related to such approval and examination procedures shall be borne by Party B with public facilities for its exclusive use based on B. 3.9 Given the following standards: water (DN100 inflow), low-voltage (380V) electricity (with a capacity of no less than 630KVA; the service entrance cabinet and switch as well as the equipment connected to the upper end titles of the service entrance cabinet shall be installed by Party A inside building, of which the leased PropertyProperty is a part, and the equipment connected corresponding underground parking area belongs to the lower end of the service entrance cabinet shall be connected by Party B) and natural gas pipelines (for the gas boiler). Party A undertakes that the above facilities will provide uninterrupted supply 24 hours a day throughout the year (except for interruption of supply for any reason not attributable to Party A). Party A also undertakes that, the above public facilities shall be installed and connected inside the Property leased by Party B for Party B’s normal use before the date of completion of Party B’s renovation works. If the capacity of the above public facilities or the locations of connection and installation fail to meet the above standards as promised by Party A, Party A undertakes agree to make up lease the difference and re-connect remaining parking lots to Party B in the facilities at its own cost. If the capacity proportion of the above agreed standard fails area it bought after appropriating several public parking lots; 3.9.1 Party A may determine the specific position of such parking lots in the principle of a near position to meet the needs of Property; 3.9.2 Party B for its normal use, A shall grant rent concession to Party B; 3.9.3 The parking lots rent by Party B may add capacity on its own not be used for other purposes except for parking by employees of Party B; and 3.9.4 The number, position and at its own cost, for which Party A rent of the parking lots shall actively provide cooperationbe separately negotiated by both parties. (4) Party A and 3.10 Party B shall sign the Memorandum for Property Handover upon the delivery of the Propertyagrees to appoint Party A’s property management company to provide property management services, which will confirm the conditions may be separately stipulated in relation to the handover of the Property and its accessory facilities and equipmentManagement Service Agreement. (5) Party A shall hand over the Premises to Party B on an “AS IS” basis. On the date of handover, Party A and Party B shall come to the site of the Premises to take photographs and make video recordings to confirm the current condition of the Premises.