Internal Land Sub-contracting Agreement
Exhibit 10.5a
Party A:
Xiamen Xinyixiang Catering Distribution Co., Ltd
Party B:
Yan Mingshu ID No. 350221651112451
Through
friendly consultation, Party A and Party B have reached this Agreement on the
issue of Party B’s production and cultivation on Party A’s Vegetable Cultivation
Base covering an area of 40 mu (forty mu) and located at Liucuo Production Squad
of Tong’an Zhuba Farm New Village Administration Area and the contracted land at
Baishi West, also of Tong’an Zhuba Farm New Village Administration Area with an
area of 60 mu (sixty mu) of contracted land (field), by contract under the terms
and conditions set forth as follows:
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1.
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Party
A shall provide the contracted Vegetable Cultivation Base for Party B to
operate from July 1st,
2009 and the term shall be one year. This Agreement shall be automatically
extended for another year upon its expiration provided that neither party
proposes to terminate this
Agreement.
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2.
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During
the agreement period, Party B shall carry out cultivation and operations,
purchase seeds, fertilizer, pesticide and employ workers in the name of
Party A. In addition, Party B shall select vegetable species for
cultivation under the guidance of Party A and submit various materials of
cultivation and purchase as well as documents of employing tools to Party
A. Party B shall bear all the expenses and costs associated with
purchasing seeds, fertilizer, pesticide and employing workers. Party A
shall purchase qualified vegetables produced by Party B at the market
price and it will bear no other payment
liability.
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3.
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During
the term of this Agreement, Party B shall shoulder the risks arising from
cultivation and deal with all relevant debtor-creditor relationships, and
Party A shall bear risks arising from or in connection with
marketing.
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4.
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During
the period of this Agreement, Party B shall unconditionally accept Party
A’s management, carry out cultivation in a mode set up by Party A, use the
fertilizer and pesticide approved by Party A. Party B shall enjoy the
right to employ workers freely and it shall bear any expenses and costs
related to taxes and social insurance associated with its production and
activities.
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5.
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During
the agreement term, Party B shall abide by relevant laws and
administrative rules and carry out cultivation in accordance with relevant
laws and regulations. It shall not perform any activities of buying and
selling, leasing, desolating the contracted land or use the land for any
other purposes.
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1
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6.
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Anything
not covered in this Agreement shall be consulted by both parities. In case
no agreement can be reached, the issues hereto shall be submitted to the
court located in the region where Party A is
situated.
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7.
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This
Agreement shall be effective immediately after being signed and sealed by
both parties.
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8.
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This Agreement is made in two copies and both
parties shall hold one copy
each.
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Party A
(stamped and sealed): Xiamen Xinyixiang Catering Distribution Co.,
Ltd
Representative:
/s/ Li Hong
Party B:
/s/ Yan Mingshu
Date of
Signature: June 22nd,
2009
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