Common use of Liabilities for Breach of the Contract Clause in Contracts

Liabilities for Breach of the Contract. Article 30 The Assignee shall pay in due time the assignment charge of the state-owned construction land use right according to the terms of this contract. In case the Assignee fails to pay on schedule the assignment charge of the state-owned construction land use right, the daily penalty to the Assignee is to pay to the Assignor 1 ‰ of the deferred payment starting from the first day after exceeding the time limit. In case the Assignee fails to pay the assignment charge of the state-owned construction land use right after 60 days, and neglects the Assignor’s urges for payment, the Assignor has the right to terminate this contract, and the Assignee has no right to request the Assignor to refund the advance deposit. The Assignor may claim damages to the Assignee. Article 31 In case the Assignee terminates its investment and construction on the assigned land for any reason whatsoever attributable to the Assignee, and proposes to the Assignor to request to terminate the contract and return back the assigned land, the Assignor shall report for approval to the people’s government which approves the land right use assignment plan. After approval, the Assignor shall, according to the following agreements, refund all or part of the assignment charge of the state-owned construction land use right (without interest) except for the advance deposit determined in this contract, and withdraw the state-owned construction land use right. All the established buildings, fixtures and their affiliated facilities within the boundaries of the assigned land shall not be compensated while the Assignor may request the Assignee to remove or dismantle the established buildings, fixtures and their affiliated facilities to restore the leveled ground. But in case the Assignor is willing to take advantage of the established buildings, fixtures and their affiliated facilities within the boundaries of the assigned land, the Assignor shall make reasonable compensation to the Assignee: 1. Where the Assignee makes an application to the Assignor not less than 60 days before one year expires after the commencement date of construction determined in this contract, the Assignor shall refund all the paid assignment charge of the state-owned construction land use right except for the advance deposit. 2. Where the Assignee makes an application to the Assignor not less than 60 days before the first expires but the second year doesn’t expire after the commencement date of construction determined in this contract, the Assignor shall refund the reminder of the assignment charge of the state-owned construction land use right after the advance deposit and the charges for idle land are deducted in accordance with regulations. Article 32 The assigned land is left unused for more than one year but less than two years for any reason whatsoever attributable to the Assignee, the Assignee shall pay the charge for idle land in accordance with laws. In case the construction on the assigned land doesn’t commence, resulting in the land left unused, for more than two years, the Assignor has the right to take back the state-owned construction land use right without compensation. Article 33 In case the assignee fail to commence the construction on the date in accordance with this contract or the other date agreed for extension of commencement of the construction, should pay the penalty, for each delay day, which is equal to the 0.3% of the total price of State-owned construction land transfer and the assignor is entitle to request the assignee make further performance of contract liability; In case the assignee fail to complete the construction on the date in accordance with this contract or the other date agreed for extension of acceptance of the construction, should pay the penalty, for each delay day, which is equal to the 0.3‰ of the total price of State-owned construction land transfer. Article 34 In case of failure of total investment in fixed assets, investment intensity and total investing amount to meet the standard hereof, the assignor can require the assignee pay, at the rate in accordance with the actual difference in the agreed total investment and the target of invested intensity, the breach penalty which is equal to the same proportion amount of State-owned construction land transfer and the assignor is entitle to request the assignee make further performance of contract liability. Article 35 In case any index of building volume rate, building density and other relating to the said land hereunder is lower than the minimum standard herein, the assignor can, in accordance with the proportion of actual difference to the agreed minimum standard, require the assignee pay the breach penalty as the same proportion of amount of State-owned construction land transfer and the assignor is entitle to request the assignee make further performance of contract liability. Where and if the any index such as building volume, building density and others is higher than the highest standard, the assignor is entitle to withdrawal the proportion which higher than the highest standard, and require the assignee, in accordance with the proportion of actual difference to the agreed minimum standard, pay the breach penalty as the same proportion of amount of State-owned construction land transfer. Article 36 In case any of index such as the green land rate, proportion of the enterprise administration and the life serving of the industry item and construction areas of he enterprise administration and the life serving and other, the consignee shall pay the breach penalty be equal to _200___% of the price of assigned land and removal of the greening and construction facilities by itself. Article 37 The assignor should, upon the payment of the State-owned land use right have been effected by the assignee hereunder, deliver the assigned land on schedule agreed herein. Where the extension of occupation of such land due to the failure of deferred delivery by the schedule, the assignor should pay the breach penalty of ___1__% , per each day, of the price for the State-owned land use right to the assignee and the term of land use-year shall be commencement from actual delivery. In case of the extension of delivery exceed 60 (sixty) days and the failure to do so upon the urge of the assignee, which is, entitle to rescind this contract. The assignor should make the refund of double the deposit and the other parts of the price of assigned State-own land use paid by the assignee by which the damages could be claimed. Article 38 In case of the failure of land’s delivery in schedule or of satisfaction of the conditions agreed herein, or alteration of the condition of use in unilateralism, the assignee shall have the rights and authority to require the assignor to fulfill its performance of responsibilities hereunder and indemnify the direct damages resulting the delay of the performance. The term of land use-year shall be commencement from the day on which the satisfaction of agreed conditions.

Liabilities for Breach of the Contract. Article 30 The Assignee Grantee shall pay in due time the assignment charge grant fee of the state-owned construction land use right on time according to the terms of this contractprovisions herein. In case the Assignee Grantee fails to pay on schedule time the assignment charge grant fee of the state-owned construction land use right, as from the overdue date, the Grantee shall pay to the Grantor a penalty of 0.1% of the overdue amount per delayed day. If the Grantee is delinquent in paying the grant fee of the state-owned construction land use right for a period of more than 60 days, and upon the Grantor’s demand for payment, still fails to pay the grant fee of the state-owned construction land use right, the daily penalty to the Assignee is to pay to the Assignor 1 ‰ of the deferred payment starting from the first day after exceeding the time limit. In case the Assignee fails to pay the assignment charge of the state-owned construction land use right after 60 days, and neglects the Assignor’s urges for payment, the Assignor Grantor has the right to terminate this contractContract, and the Assignee Grantee has no right to request demand the Assignor Grantor to refund the advance deposit. The Assignor Grantor may claim damages to from the AssigneeGrantee. Article 31 In case the Assignee Grantee terminates its investment and construction on the assigned granted land for any reason whatsoever cause attributable to the AssigneeGrantee, and proposes to the Assignor Grantor to request to terminate the contract this Contract and return back the assigned granted land, the Assignor Grantor shall report for approval to the people’s government which approves approving the land right use assignment grant plan. After Upon approval, the Assignor Grantor shall, according to the following agreementsprovisions, refund all or part of the assignment charge grant fee of the state-owned construction land use right (without at no interest) except for the advance deposit determined in this contracthereunder, and withdraw take back the state-owned construction land use right. All the established existing buildings, fixtures structures and their affiliated ancillary facilities within the boundaries of the assigned granted land shall may not be compensated while and the Assignor Grantor may request demand the Assignee Grantee to remove or dismantle the established existing buildings, fixtures structures and their affiliated ancillary facilities to restore the leveled ground. But in case the Assignor is willing Grantor intends to take advantage of continue using the established existing buildings, fixtures structures and their affiliated ancillary facilities within the boundaries of the assigned granted land, the Assignor Grantor shall make reasonable compensation to the AssigneeGrantee: (1. ) Where the Assignee Grantee makes an application to the Assignor Grantor not less than 60 days before one year expires after following the commencement date of construction determined in this contractspecified hereunder, the Assignor Grantor shall refund to the Grantee all the paid assignment charge grant fee of the state-owned construction land use right except for other than the advance deposit. (2. ) Where the Assignee Grantee makes an application to the Assignor Grantor between one year and two years following the commencement date of construction specified hereunder but not less than 60 days before the first expires but the second year doesn’t expire after the commencement date of construction determined in this contractyear, the Assignor Grantor shall refund to the reminder of Grantee the assignment charge paid grant fee of the state-owned construction land use right after right, net of the advance deposit specified hereunder and the land idleness charges for idle land are deducted in accordance with levied according to regulations... Article 32 The assigned Where the granted land is left unused for more than one year but less than two years for any reason whatsoever cause attributable to the AssigneeGrantee, the Assignee Grantee shall pay the land idleness charge for idle land in accordance with lawslaw. In case the construction on the assigned granted land doesn’t does not commence, resulting in the land left unused, unused for more than two years, the Assignor Grantor has the right to take back the state-owned construction land use right without compensation. Article 33 In case the assignee fail Grantee fails to commence the construction on the date in accordance with this contract agreed herein or the such other date as may be agreed for in the case of extension of commencement of the construction, should the Grantee shall pay the penalty, for each delay day, which is equal to the 0.3Grantor a penalty of 0.1% of the total price grant fee of Statethe state-owned construction land transfer and use right per delayed day. The Grantor has the assignor is entitle right to request demand the assignee make further Grantee to continue performance of contract liability; this Contract. In case the assignee fail Grantee fails to complete the construction on the date in accordance with this contract agreed herein or the such other date as may be agreed for in the case of extension of acceptance of the construction, should the Grantee shall pay the penalty, for each delay day, which is equal to the 0.3‰ Grantor a penalty of 0.1% of the total price grant fee of Statethe state-owned construction land transferuse right per delayed day. Article 34 In case of failure of the total investment in fixed assets, the investment intensity and the total investing amount development investment fail to meet reach the standard hereofstandards set forth herein, the assignor can require Grantor has the assignee pay, at right to demand the rate Grantee to pay a penalty in accordance with the same proportion of the grant fee of the state-owned construction land use right as the proportion of the actual difference in the agreed total investment and investment intensity indicator and demand the target of invested intensity, the breach penalty which is equal Grantee to the same proportion amount of State-owned construction land transfer and the assignor is entitle to request the assignee make further continue performance of contract liabilitythis Contract. Article 35 In case any index of building volume ratethe floor area ratio, building density and or any other relating to indicator of the said granted land hereunder is lower than below the minimum standard hereinspecified hereunder, the assignor can, Grantor has the right to demand the Grantee to pay a penalty in accordance with the same proportion of the grant fee of the state-owned construction land use right as the proportion of the actual difference to in the agreed minimum standard, require and demand the assignee Grantee to continue performance of this Contract. In case the floor area ratio, building density or any other indicator of the granted land exceeds the maximum standard agreed herein, the Grantor has the right to take back the area that exceeds the maximum standard, and has the right to demand the Grantee to pay the breach a penalty as in the same proportion of amount the grant fee of Statethe state-owned construction land transfer and the assignor is entitle to request the assignee make further performance of contract liability. Where and if the any index such use right as building volume, building density and others is higher than the highest standard, the assignor is entitle to withdrawal the proportion which higher than the highest standard, and require the assignee, in accordance with the proportion of the actual difference to in the agreed minimum standard, pay the breach penalty as the same proportion of amount of State-owned construction land transfer. Article 36 In case any of index such as the green land greening rate, the proportion of the enterprise administration office buildings and the life serving of the industry item and construction areas of he enterprise administration and the life serving and otherservice facilities, the consignee construction area of office buildings and life and service facilities or any other indicator does not meet the standard provided for herein, the Grantee shall pay the breach Grantor a penalty be equal to _200___% of / ‰ of the price of assigned land and removal grant fee of the state-owned construction land use right, and remove or dismantle the relevant greening and construction facilities by itselfarchitectural facilities. Article 37 The assignor should, upon Where the payment Grantee pays the grant fee of the Statestate-owned construction land use right, pursuant to the provisions herein, the Grantor shall deliver the granted land on time pursuant to the provisions herein. In case the delivery is delayed for any cause attributable to the Grantor, the Grantor shall pay the Grantee a penalty of 0.1% of the grant fee of the state-owned construction land use right have been effected paid by the assignee hereunder, deliver Grantee per delayed day. Land-use period starts from the assigned land on schedule agreed herein. Where the extension of occupation of such land due to the failure of deferred actual delivery by the schedule, the assignor should pay the breach penalty of ___1__% , per each day, of the price for the State-owned land use right to the assignee and the term of land use-year shall be commencement from actual deliverydate. In case the Grantor fails to deliver the granted land for a period of more than 60 days and still fails to deliver the land upon the Grantee’s demand, the Grantee has the right to terminate this Contract. The Grantor shall refund twice the advance deposit to the Grantee, together with the remaining portion of the extension of delivery exceed 60 (sixty) days and the failure to do so upon the urge grant fee of the assignee, which is, entitle to rescind this contractstate-owned construction land use right. The assignor should make Grantee may claim damages from the refund of double the deposit and the other parts of the price of assigned State-own land use paid by the assignee by which the damages could be claimedGrantor. Article 38 In case of the failure of land’s delivery in schedule or of satisfaction of Grantor fails to deliver the conditions agreed hereingranted land on schedule, or alteration of the condition of delivered land does not meet the land conditions provided herein or modifies land use in unilateralismconditions unilaterally, the assignee shall have Grantee has the rights and authority right to require demand the assignor Grantor to fulfill its performance of responsibilities hereunder obligations pursuant to the specified conditions and indemnify compensate the direct damages resulting loss incurred by the Grantee as a result of the delay of the performancedelivery. The term of land useLand-year shall be commencement use period starts from the day on which date when the satisfaction of agreed conditionsland conditions are fulfilled.

Liabilities for Breach of the Contract. Article 30 The Assignee shall pay in due time the assignment charge of the state-owned construction land use right according to the terms of this contract. In case the Assignee fails to pay on schedule the assignment charge of the state-owned construction land use right, the daily penalty to the Assignee is to pay to the Assignor 1 ‰ of the deferred payment starting from the first day after exceeding the time limit. In case the Assignee fails to pay the assignment charge of the state-owned construction land use right after 60 days, and neglects the Assignor’s 's urges for payment, the Assignor has the right to terminate this contract, and the Assignee has no right to request the Assignor to refund the advance deposit. The Assignor may claim damages to the Assignee. Article 31 In case the Assignee terminates its investment and construction on the assigned land for any reason whatsoever attributable to the Assignee, and proposes to the Assignor to request to terminate the contract and return back the assigned land, the Assignor shall report for approval to the people’s 's government which approves the land right use assignment plan. After approval, the Assignor shall, according to the following agreements, refund all or part of the assignment charge of the state-owned construction land use right (without interest) except for the advance deposit determined in this contract, and withdraw the state-owned construction land use right. All the established buildings, fixtures and their affiliated facilities within the boundaries of the assigned land shall not be compensated while the Assignor may request the Assignee to remove or dismantle the established buildings, fixtures and their affiliated facilities to restore the leveled ground. But in case the Assignor is willing to take advantage of the established buildings, fixtures and their affiliated facilities within the boundaries of the assigned land, the Assignor shall make reasonable compensation to the Assignee:. 1. Where the Assignee makes an application to the Assignor not less than 60 days before one earlier than the first year expires after the commencement date of construction determined in this contract, the Assignor shall refund all the paid assignment charge of the state-owned construction land use right except for the advance deposit. 2. Where the Assignee makes an application to the Assignor not less than 60 days before the first expires but earlier than the second year doesn’t expire after the commencement date of construction determined in this contract, the Assignor shall refund the reminder of the assignment charge of the state-owned construction land use right after the advance deposit and the charges for idle land are deducted in accordance with regulations. Article 32 The assigned land is left unused for more than one year but less than two years for any reason whatsoever attributable to the Assignee, the Assignee shall pay the charge for idle land in accordance with laws. In case the construction on the assigned land doesn’t n't commence, resulting in the land left unused, for more than two years, the Assignor has the right to take back the state-owned construction land use right without compensation. Article 33 In case the assignee fail fails to commence the construction on the date in accordance with this contract or the other date agreed for extension of commencement of the construction, the assignee should pay the penalty, for each delay day, which is equal to the 0.3% ___1___‰ of the total price of State-owned construction land transfer and the assignor is entitle to request the assignee make further performance of contract liability; . In case the assignee fail fails to complete the construction on the date in accordance with this contract or the other date agreed for extension of acceptance completion of the construction, the assignee should pay the penalty, for each delay day, which is equal to the 0.3‰ ___1___‰ of the total price of State-owned construction land transfer. Article 34 In case of failure of that total investment in fixed assets, investment intensity and total investing amount failure to meet the standard hereof, the assignor can require the assignee to pay, at the rate in accordance with the actual difference in the agreed total investment and the target of invested intensity, the breach penalty which is equal to the same proportion amount of State-owned construction land transfer and the assignor is entitle to request the assignee make further performance of contract liability. Article 35 In case any index of building volume rate, building density and other relating to the said land hereunder is lower than the minimum standard herein, the assignor can, in accordance with the proportion of actual difference to the agreed minimum standard, require the assignee pay the breach penalty as the same proportion of amount of State-owned construction land transfer and the assignor is entitle to request the assignee make further performance of contract liability. Where and if the any index such as building volume, building density and others is higher than the highest standard, the assignor is entitle to withdrawal the proportion which higher than the highest standard, and require the assignee, in accordance with the proportion of actual difference to the agreed minimum standard, pay the breach penalty as the same proportion of amount of State-owned construction land transfer. Article 36 In case any of index such as the green land rate, proportion of the enterprise administration and the life serving of the industry item and construction areas of he the enterprise administration and the life serving and other, the consignee assignee shall pay the breach penalty be equal to _200___% _1__‰ of the price of assigned land and removal of the greening and construction facilities by itselfitself to the assignor. Article 37 The assignor should, upon the payment of the State-owned land use right have been effected by the assignee hereunder, deliver the assigned land on schedule agreed herein. Where the extension of occupation of such land due to the failure of deferred delivery by the schedule, the assignor should pay the breach penalty of ___1__% /___‰, per each day, of the price for the State-owned land use right to the assignee and the term of land use-year shall be commencement from actual deliverydelivery date. In case of the extension of delivery exceed 60 (sixty) days and the failure to do so upon the urge of the assignee, assignee which is, is entitle to rescind this contract. The assignor should make the refund of double the deposit and the other parts of the price of assigned State-own land use paid by the assignee by which the damages could be claimed. Article 38 In case of the failure of land’s 's delivery in schedule or of satisfaction of the conditions agreed herein, or alteration of the condition of use in unilateralism, the assignee shall have the rights and authority to require the assignor to fulfill its performance of responsibilities hereunder and indemnify the direct damages resulting arising from the delay of the performance. The term of land use-year shall be commencement from the day on which the satisfaction of agreed conditions.

Liabilities for Breach of the Contract. Article 30 The Assignee 33 If the BORROWER has used the loan for any purpose other than that mutually agreed under this CONTRACT, the FIDUCIARY shall pay in due time have the assignment right to charge penalty interest at the rate of 0.5‰ per day on the state-owned construction land use right basis of loan interest rate under this CONTRACT as well as sum at default and period overdue according to the terms of this contract. In case the Assignee fails to pay on schedule the assignment charge written instruction of the state-owned construction land use right, the daily penalty to the Assignee is to pay to the Assignor 1 ‰ of the deferred payment starting from the first day after exceeding the time limit. In case the Assignee fails to pay the assignment charge of the state-owned construction land use right after 60 days, and neglects the Assignor’s urges for payment, the Assignor has the right to terminate this contract, and the Assignee has no right to request the Assignor to refund the advance deposit. The Assignor may claim damages to the Assignee. Article 31 In case the Assignee terminates its investment and construction on the assigned land for any reason whatsoever attributable to the Assignee, and proposes to the Assignor to request to terminate the contract and return back the assigned land, the Assignor shall report for approval to the people’s government which approves the land right use assignment plan. After approval, the Assignor shall, according to the following agreements, refund all or part of the assignment charge of the state-owned construction land use right (without interest) except for the advance deposit determined in this contract, and withdraw the state-owned construction land use right. All the established buildings, fixtures and their affiliated facilities within the boundaries of the assigned land shall not be compensated while the Assignor may request the Assignee to remove or dismantle the established buildings, fixtures and their affiliated facilities to restore the leveled ground. But in case the Assignor is willing to take advantage of the established buildings, fixtures and their affiliated facilities within the boundaries of the assigned land, the Assignor shall make reasonable compensation to the Assignee: 1. Where the Assignee makes an application to the Assignor not less than 60 days before one year expires after the commencement date of construction determined in this contract, the Assignor shall refund all the paid assignment charge of the state-owned construction land use right except for the advance deposit. 2. Where the Assignee makes an application to the Assignor not less than 60 days before the first expires but the second year doesn’t expire after the commencement date of construction determined in this contract, the Assignor shall refund the reminder of the assignment charge of the state-owned construction land use right after the advance deposit and the charges for idle land are deducted in accordance with regulations. Article 32 The assigned land is left unused for more than one year but less than two years for any reason whatsoever attributable to the Assignee, the Assignee shall pay the charge for idle land in accordance with laws. In case the construction on the assigned land doesn’t commence, resulting in the land left unused, for more than two years, the Assignor has the right to take back the state-owned construction land use right without compensation. Article 33 In case the assignee fail to commence the construction on the date in accordance with this contract or the other date agreed for extension of commencement of the construction, should pay the penalty, for each delay day, which is equal to the 0.3% of the total price of State-owned construction land transfer and the assignor is entitle to request the assignee make further performance of contract liability; In case the assignee fail to complete the construction on the date in accordance with this contract or the other date agreed for extension of acceptance of the construction, should pay the penalty, for each delay day, which is equal to the 0.3‰ of the total price of State-owned construction land transferENTRUSTER. Article 34 In case of failure of total investment in fixed assets, investment intensity If the BORROWER has failed to repay the principal and total investing amount to meet the standard hereofinterest on schedule, the assignor can require FIDUCIARY shall have the assignee pay, right to charge penalty interest at the rate in accordance with of 0.5‰ per day on the actual difference in the agreed total investment basis of loan interest rate under this CONTRACT as well as sum at default and the target of invested intensity, the breach penalty which is equal period overdue according to the same proportion amount written instruction of State-owned construction land transfer and the assignor is entitle to request the assignee make further performance of contract liabilityENTRUSTER. Article 35 In case any index If the FIDUCIARY has failed to provide and allocate the entrusted loan of building volume rate, building density and other relating to the said land hereunder is lower than the minimum standard hereinspecified amount within agreed period, the assignor can, in accordance with ENTRUSTER shall have the proportion right to charge penalty from the FIDUCIARY at the rate of actual difference to 0.5‰ per day on the agreed minimum standard, require the assignee pay the breach penalty as the same proportion basis of amount of State-owned construction land transfer sum at default and the assignor is entitle to request the assignee make further performance of contract liability. Where and if the any index such as building volume, building density and others is higher than the highest standard, the assignor is entitle to withdrawal the proportion which higher than the highest standard, and require the assignee, in accordance with the proportion of actual difference to the agreed minimum standard, pay the breach penalty as the same proportion of amount of State-owned construction land transferperiod overdue. Article 36 In case During the term of this CONTRACT, should any of index such as the green land rate, proportion one of the enterprise administration following circumstances occur the BORROWER would be deemed breach of contract and then the FIDUCIARY should have the right to suspend loaning and call back the loan in advance or deduct the principal and interest from the account of the BORROWER without prior notice to the BORROWER according to the written instruction of the ENTRUSTER: (1) Failure to repay the principal and interest in the manner specified under this CONTRACT; (2) Failure to use the loan for the purpose specified herein; (3) Past due loan and remaining failure in repayment even dunned by the FIDUCIARY; (4) Failure to offer any information concerning financial situation as required by the ENTRUSTER and the life serving of the industry item FIDUCIARY or having offered false financial statements; (5) Involvement in litigation or arbitration procedure and construction areas of he enterprise administration and the life serving and other, the consignee shall pay the breach penalty be equal to _200___% of the price of assigned land and removal of the greening and construction facilities by itself.other legal proceedings; Article 37 The assignor should, upon If the payment of the State-owned land use right have been effected by the assignee hereunder, deliver the assigned land on schedule agreed herein. Where the extension of occupation of such land due ENTRUSTER has failed to the failure of deferred delivery by the schedulepay commission charges or other fees for guarantee or legal action, the assignor should pay the breach penalty of ___1__% , per each day, of the price for the State-owned land use right to the assignee and the term of land use-year shall be commencement from actual delivery. In case of the extension of delivery exceed 60 (sixty) days and the failure to do so upon the urge of the assignee, which is, entitle to rescind this contract. The assignor should make the refund of double the deposit and the other parts of the price of assigned State-own land use paid by the assignee by which the damages could be claimed. Article 38 In case of the failure of land’s delivery in schedule or of satisfaction of the conditions agreed herein, or alteration of the condition of use in unilateralism, the assignee FIDUCIARY shall have the rights and authority right to require deduct corresponding sum of such fees or charges from the assignor to fulfill its performance of responsibilities hereunder and indemnify the direct damages resulting the delay account of the performance. The term of land use-year shall be commencement ENTRUSTER or withdraw from the day on which principal and interest repaid by the satisfaction of agreed conditionsBORROWER.

Liabilities for Breach of the Contract. Article 30 The Assignee shall pay in due time the assignment charge consideration of the state-owned construction land use right according to in accordance with the terms of this contractContract when it is due. In case the Assignee fails to pay on schedule the such assignment charge of the state-owned construction land use rightcharge, the it shall be imposed on a daily penalty to the Assignee is to pay to the Assignor of 1 ‰ of the deferred payment to the Assignor starting from the first day after exceeding the time limitdue time. In case the Assignee fails to pay the assignment charge of the state-owned construction land use right after consideration is overdue for more than 60 days, and the Assignee neglects the Assignor’s urges for reminder of the payment, the Assignor has the right to terminate this contractContract, and the Assignee has no right to request the Assignor to refund the advance deposit. The Assignor may claim damages to the Assignee. Article 31 In case the Assignee terminates its investment and construction on the assigned land for any reason whatsoever attributable to the Assignee, and proposes to the Assignor to request to terminate the contract this Contract and return back the assigned land, the Assignor shall report for approval to the people’s government which approves the land use right use assignment plan. After approvalbeing approved, the Assignor shall, according to the following agreements, refund all or part of the assignment charge of the state-owned construction land use right (without interest) except for the advance deposit determined set forth in this contractContract, and withdraw the state-owned construction land use right. All the established buildings, fixtures and their affiliated facilities within the boundaries of the assigned land shall not be compensated while the Assignor may request the Assignee to remove or dismantle the established buildings, fixtures and their affiliated facilities to restore the leveled ground. But Provided however, in case the Assignor is willing to take advantage of the established buildings, fixtures and their affiliated facilities within the boundaries of the assigned land, the Assignor shall make reasonable compensation to the Assignee:. 1. A. Where the Assignee makes files an application to the Assignor not less than 60 days before one year expires after prior to the commencement date expiration of the construction determined period stipulated in this contractContract, the Assignor shall refund all the paid assignment charge of the state-owned construction land use right except for the advance deposit. 2. B. Where the Assignee makes files an application to the Assignor not less than 60 days before the second anniversary of the construction period stipulated in this Contract and within the first expires but and the second year doesn’t expire after the commencement date of construction determined in this contractthe construction, the Assignor shall refund the reminder remainder of the assignment charge of the state-owned construction land use right after the advance deposit and the charges for idle land are deducted in accordance with regulations. Article 32 The If the assigned land hereunder is left unused for more than one year but less than two years for any reason whatsoever attributable to the Assignee, the Assignee shall pay the charge for idle land in accordance with laws. In case that the construction on the assigned land doesn’t commence, resulting in commence= and the land is left unused, unused for more than two years, the Assignor has the right to take back the state-owned construction land use right without any compensation. Article 33 In case If the assignee fail Assignee fails to commence the construction on the date stipulated herein, or agrees upon another day to commence the construction, it shall pay 1 ‰ of the total assignment charge for the land use right assigned hereunder as damages for breach of contract to the Assignor for each deferred day. And the Assignor is entitled to demand the Assignee to perform its obligations hereunder continuously. If the Assignee fails to cause the construction to be completed within the stipulated period, or agrees upon another day of completion, it shall pay 1 ‰ of the total assignment charge for the land use right assigned hereunder as damages for breach of contract to the Assignor for each deferred day. Article 34 If the total fixed asset investment to the project, the investment intensity and the total development and investment amount fail to meet the requirements set forth herein, the Assignor may demand the Assignee to pay damages for breach of contract which accounts for a certain percentage of the assignment charge herein equivalent to the percentage that the exact underpayment accounts for in the total investment amount and investment intensity target. And the Assignor is entitled to demand the Assignee to perform its obligations hereunder continuously. Article 35 If any index of the land parcel hereunder including the floor area ratio (FAR) and the building density fails to satisfy the lowest standard set forth herein, the Assignor may demand the Assignee to pay damages for breach of contract which accounts for a certain percentage of the assignment charge herein equivalent to the percentage that the exact balance accounts for in the abovementioned lowest standard. And the Assignor is entitled to demand the Assignee to perform its obligations hereunder continuously. Provided however, any index hereunder including the floor area ratio (FAR) and the building density exceeds the highest standard set forth herein, the Assignor is entitled to take back the excessive area and demand the Assignee to pay damages for breach of contract which accounts for a certain percentage of the assignment charge herein equivalent to the percentage that the exact balance accounts for in the stipulated standard. Article 36 If any index of the land parcel hereunder including the greening rate of industrial construction project, the proportion and the area of the land used for office buildings and life and service facilities fails to satisfy the standard stipulated herein, the Assignee shall pay the Assignor 1 ‰ of the total assignment charge for the land use right assigned hereunder as damages for breach of contract and remove or dismantle such greens and construction facilities. Article 37 After the Assignee pay the assignment charge for the land use right assigned hereunder in accordance with this contract or the other date agreed for extension of commencement of the construction, should pay the penalty, for each delay day, which is equal to the 0.3% of the total price of State-owned construction land transfer and the assignor is entitle to request the assignee make further performance of contract liability; In case the assignee fail to complete the construction on the date in accordance with this contract or the other date agreed for extension of acceptance of the construction, should pay the penalty, for each delay day, which is equal to the 0.3‰ of the total price of State-owned construction land transfer. Article 34 In case of failure of total investment in fixed assets, investment intensity and total investing amount to meet the standard hereofContract, the assignor can require the assignee pay, at the rate in accordance with the actual difference in the agreed total investment and the target of invested intensity, the breach penalty which is equal to the same proportion amount of State-owned construction land transfer and the assignor is entitle to request the assignee make further performance of contract liability. Article 35 In case any index of building volume rate, building density and other relating to the said land hereunder is lower than the minimum standard herein, the assignor can, in accordance with the proportion of actual difference to the agreed minimum standard, require the assignee pay the breach penalty as the same proportion of amount of State-owned construction land transfer and the assignor is entitle to request the assignee make further performance of contract liability. Where and if the any index such as building volume, building density and others is higher than the highest standard, the assignor is entitle to withdrawal the proportion which higher than the highest standard, and require the assignee, in accordance with the proportion of actual difference to the agreed minimum standard, pay the breach penalty as the same proportion of amount of State-owned construction land transfer. Article 36 In case any of index such as the green land rate, proportion of the enterprise administration and the life serving of the industry item and construction areas of he enterprise administration and the life serving and other, the consignee Assignor shall pay the breach penalty be equal to _200___% of the price of assigned land and removal of the greening and construction facilities by itself. Article 37 The assignor should, upon the payment of the State-owned land use right have been effected by the assignee hereunder, deliver the assigned land on schedule agreed timeas stipulated herein. Where In case the extension possession period of occupation of such the land parcel hereunder is extended due to the Assignor’s failure of deferred delivery by delivering the scheduleassigned land, the assignor should Assignor shall pay the breach penalty of ___1__% , per each day, 1 ‰ of the price for the State-owned land use right to the assignee and the term of land use-year shall be commencement from actual delivery. In case of the extension of delivery exceed 60 (sixty) days and the failure to do so upon the urge of the assignee, assignment charge which is, entitle to rescind this contract. The assignor should make the refund of double the deposit and the other parts of the price of assigned State-own land use has been paid by the assignee Assignee as damages for breach of contract for each day extended. The land use term shall commence from the actual delivery day. If the land delivery is deferred for more than 60 days, and the Assignor fails to deliver the land after being reminded by which the damages could be claimedAssignee, the Assignee is entitled to terminate this Contract, and the Assignor shall repay the deposit in double and refund the paid assignment charge after deducting the deposit. Article 38 In case of If the failure of land’s delivery in schedule Assignor fails to deliver the assigned land on time, or of satisfaction of fails to deliver the assigned land on the conditions agreed hereinhereunder, or alteration of unilaterally change the condition of land use in unilateralismconditions, the assignee shall have Assignee has the rights and authority right to require demand the assignor to fulfill Assignor perform its performance of responsibilities obligations hereunder as set forth in this Contract and indemnify of its direct loss caused by the direct damages resulting the delay of the performancedeferring. The land use term of land use-year shall be commencement commence from the day on which date when the satisfaction of agreed conditionsland use conditions are satisfied.

Liabilities for Breach of the Contract. Article 30 The Assignee Grantee shall pay in due time the assignment charge grant fee of the state-owned construction land use right on time according to the terms of this contractprovisions herein. In case the Assignee Grantee fails to pay on schedule time the assignment charge grant fee of the state-owned construction land use right, as from the overdue date, the Grantee shall pay to the Grantor a penalty of 0.1% of the overdue amount per delayed day. If the Grantee is delinquent in paying the grant fee of the state-owned construction land use right for a period of more than 60 days, and upon the Grantor’s demand for payment, still fails to pay the grant fee of the state-owned construction land use right, the daily penalty to the Assignee is to pay to the Assignor 1 ‰ of the deferred payment starting from the first day after exceeding the time limit. In case the Assignee fails to pay the assignment charge of the state-owned construction land use right after 60 days, and neglects the Assignor’s urges for payment, the Assignor Grantor has the right to terminate this contractContract, and the Assignee Grantee has no right to request demand the Assignor Grantor to refund the advance deposit. The Assignor Grantor may claim damages to from the AssigneeGrantee. Article 31 In case the Assignee Grantee terminates its investment and construction on the assigned granted land for any reason whatsoever cause attributable to the AssigneeGrantee, and proposes to the Assignor Grantor to request to terminate the contract this Contract and return back the assigned granted land, the Assignor Grantor shall report for approval to the people’s government which approves approving the land right use assignment grant plan. After Upon approval, the Assignor Grantor shall, according to the following agreementsprovisions, refund all or part of the assignment charge grant fee of the state-owned construction land use right (without at no interest) except for the advance deposit determined in this contracthereunder, and withdraw take back the state-owned construction land use right. All the established existing buildings, fixtures structures and their affiliated ancillary facilities within the boundaries of the assigned granted land shall may not be compensated while and the Assignor Grantor may request demand the Assignee Grantee to remove or dismantle the established existing buildings, fixtures structures and their affiliated ancillary facilities to restore the leveled ground. But in case the Assignor is willing Grantor intends to take advantage of continue using the established existing buildings, fixtures structures and their affiliated ancillary facilities within the boundaries of the assigned granted land, the Assignor Grantor shall make reasonable compensation to the AssigneeGrantee: (1. ) Where the Assignee Grantee makes an application to the Assignor Grantor not less than 60 days before one year expires after following the commencement date of construction determined in this contractspecified hereunder, the Assignor Grantor shall refund to the Grantee all the paid assignment charge grant fee of the state-owned construction land use right except for other than the advance deposit. (2. ) Where the Assignee Grantee makes an application to the Assignor Grantor between one year and two years following the commencement date of construction specified hereunder but not less than 60 days before the first expires but the second year doesn’t expire after the commencement date of construction determined in this contractyear, the Assignor Grantor shall refund to the reminder of Grantee the assignment charge paid grant fee of the state-owned construction land use right after right, net of the advance deposit specified hereunder and the land idleness charges for idle land are deducted in accordance with levied according to regulations... Article 32 The assigned Where the granted land is left unused for more than one year but less than two years for any reason whatsoever cause attributable to the AssigneeGrantee, the Assignee Grantee shall pay the land idleness charge for idle land in accordance with lawslaw. In case the construction on the assigned granted land doesn’t does not commence, resulting in the land left unused, unused for more than two years, the Assignor Grantor has the right to take back the state-owned construction land use right without compensation. Article 33 In case the assignee fail Grantee fails to commence the construction on the date in accordance with this contract agreed herein or the such other date as may be agreed for in the case of extension of commencement of the construction, should the Grantee shall pay the penalty, for each delay day, which is equal to the 0.3Grantor a penalty of 0.02% of the total price grant fee of Statethe state-owned construction land transfer and use right per delayed day. The Grantor has the assignor is entitle right to request demand the assignee make further Grantee to continue performance of contract liability; this Contract. In case the assignee fail Grantee fails to complete the construction on the date in accordance with this contract agreed herein or the such other date as may be agreed for in the case of extension of acceptance of the construction, should the Grantee shall pay the penalty, for each delay day, which is equal to the 0.3‰ Grantor a penalty of 0.02% of the total price grant fee of Statethe state-owned construction land transferuse right per delayed day. Article 34 In case of failure of the total investment in fixed assets, the investment intensity and the total investing amount development investment fail to meet reach the standard hereofstandards set forth herein, the assignor can require Grantor has the assignee pay, at right to demand the rate Grantee to pay a penalty in accordance with the same proportion of the grant fee of the state-owned construction land use right as the proportion of the actual difference in the agreed total investment and investment intensity indicator and demand the target of invested intensity, the breach penalty which is equal Grantee to the same proportion amount of State-owned construction land transfer and the assignor is entitle to request the assignee make further continue performance of contract liabilitythis Contract. Article 35 In case any index of building volume ratethe floor area ratio, building density and or any other relating to indicator of the said granted land hereunder is lower than below the minimum standard hereinspecified hereunder, the assignor can, Grantor has the right to demand the Grantee to pay a penalty in accordance with the same proportion of the grant fee of the state-owned construction land use right as the proportion of the actual difference to in the agreed minimum standard, require and demand the assignee Grantee to continue performance of this Contract. In case the floor area ratio, building density or any other indicator of the granted land exceeds the maximum standard agreed herein, the Grantor has the right to take back the area that exceeds the maximum standard, and has the right to demand the Grantee to pay the breach a penalty as in the same proportion of amount the grant fee of Statethe state-owned construction land transfer and the assignor is entitle to request the assignee make further performance of contract liability. Where and if the any index such use right as building volume, building density and others is higher than the highest standard, the assignor is entitle to withdrawal the proportion which higher than the highest standard, and require the assignee, in accordance with the proportion of the actual difference to in the agreed minimum standard, pay the breach penalty as the same proportion of amount of State-owned construction land transfer. Article 36 In case any of index such as the green land greening rate, the proportion of the enterprise administration office buildings and the life serving of the industry item and construction areas of he enterprise administration and the life serving and otherservice facilities, the consignee construction area of office buildings and life and service facilities or any other indicator does not meet the standard provided for herein, the Grantee shall pay the breach Grantor a penalty be equal to _200___% of / ‰ of the price of assigned land and removal grant fee of the state-owned construction land use right, and remove or dismantle the relevant greening and construction facilities by itselfarchitectural facilities. Article 37 The assignor should, upon Where the payment Grantee pays the grant fee of the Statestate-owned construction land use right, pursuant to the provisions herein, the Grantor shall deliver the granted land on time pursuant to the provisions herein. In case the delivery is delayed for any cause attributable to the Grantor, the Grantor shall pay the Grantee a penalty of 0.1% of the grant fee of the state-owned construction land use right have been effected paid by the assignee hereunder, deliver Grantee per delayed day. Land-use period starts from the assigned land on schedule agreed herein. Where the extension of occupation of such land due to the failure of deferred actual delivery by the schedule, the assignor should pay the breach penalty of ___1__% , per each day, of the price for the State-owned land use right to the assignee and the term of land use-year shall be commencement from actual deliverydate. In case the Grantor fails to deliver the granted land for a period of more than 60 days and still fails to deliver the land upon the Grantee’s demand, the Grantee has the right to terminate this Contract. The Grantor shall refund twice the advance deposit to the Grantee, together with the remaining portion of the extension of delivery exceed 60 (sixty) days and the failure to do so upon the urge grant fee of the assignee, which is, entitle to rescind this contractstate-owned construction land use right. The assignor should make Grantee may claim damages from the refund of double the deposit and the other parts of the price of assigned State-own land use paid by the assignee by which the damages could be claimedGrantor. Article 38 In case of the failure of land’s delivery in schedule or of satisfaction of Grantor fails to deliver the conditions agreed hereingranted land on schedule, or alteration of the condition of delivered land does not meet the land conditions provided herein or modifies land use in unilateralismconditions unilaterally, the assignee shall have Grantee has the rights and authority right to require demand the assignor Grantor to fulfill its performance of responsibilities hereunder obligations pursuant to the specified conditions and indemnify compensate the direct damages resulting loss incurred by the Grantee as a result of the delay of the performancedelivery. The term of land useLand-year shall be commencement use period starts from the day on which date when the satisfaction of agreed conditionsland conditions are fulfilled.