Purchase and Sale Contract for R&D Building of Xiamen Software Park II
Exhibit 4.30
Purchase and Sale Contract for R&D Building of Xiamen Software Park II
Contract No.: _________
The parties concerned:
Seller (“Party A”): Xiamen Land Development Company
Registered Address: 00/X, Xxxxxxxxxx Xxxx Xxxxxxxx, Xx.00, Xxxxx North Road, Xiamen City,
PRC
Legal Representative: Xxxxx Xxxxxx Tel: 0592 - 0000000
Post Code: 361012
Buyer (“Party B”): Xiamen Longtop Financial Technology Management Co., Ltd.
[Principal][Legal Representative]
Name: Jia Xiaogong
Nationality: Chinese
[ID][Passport]
[Business License Registration No.]
[
] 350200400011857
Address:
Xxxx Xxxx, 0/X, Xx.000, Xxxxxx Xxxxxx, Xxxxxxxx, Xxxx District, Xiamen City
Post Code:
361000
Tel: 0000000 00000000000
[Agent][
] Name: x Nationality: x
Address:
x
Post Code:
x
Tel: x
Party A and Party B, pursuant to the Contract Law of The People’s Republic of China, Law of
the People’s Republic of China on Urban Real Estate Administration, Interim Measures on Management
of Xiamen Software Park, Interim Sales Management Measures on Xiamen Software Park R&D Building as
well as other relevant stipulations of laws and regulations, have reached the following property
purchase and sale agreement on the basis of equality, voluntaries and negotiation.
Article 1 Party B has acknowledged that such properties are exclusively made available to
certain enterprises, restrictive provisions were set by the government concerning the transfer and
lease of property right may affect Party B’s use, interests and penalty related to such property,
and Party B has no objection to it. Party B agrees it has read and understood all the matters presented by Party A, verified the genuineness and effectiveness of the content
herein, and fully understood the nature, status, transaction conditions and nearby environment
about the purchased property.
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Article 2 Basic Condition of the Purchased Property
(1) The property purchased by Party B (“Property”) is a R&D building in Xiamen Software Park
II, which is one of the governmental financing project. It is for compensated industrial use with
the term from Mar. 9, 2006 to Mar. 9, 2056. The contract No. for land-use right assignment shall be
(2006) XxxXxXx(Xxx)xx Xx.000, and the pre-sale license No. 20050074.
(2) Address of this property shall be: Unit
_____
,
_____
/F, No.
_____
Building, Group
_____
..
Xiamen Software Park II, or Unit
_____
, No.
_____
, Wanghai Road (see Appendix I for detailed
layout).
(3) It is a frame conformation property, used for R&D.
(4) The contracted gross architectural area shall be
_____
square meters, among which,
_____
square meters are built-up areas and
_____
square meters are public area or common premises area for
apportion. (See Appendix II for the Apportionment of Architectural Area of Public area and Common
premises)
Article 3 Calculation and Price
Both parties agree to calculate the price of this property based on its architectural area.
The price of this property is
_____
per square meter, and
_____
in total.
Article 4 Determination of Area and Treatment of Area Discrepancy
Determination of area and treatment of area discrepancy shall be based on the architectural
area (“Area”).
Where there is discrepancy between the areas contracted and registered, the registered
property area shall govern. Registered Property Area refers to the architectural area which has
been evaluated by professional measuring organization and reviewed by Xiamen Municipal Land, Resources & Housing Administrative Bureau (“Housing Bureau”) that used for property
right registration.
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Both parties agree, where the registered public area or built-up area is different from the
contracted area while the registered property area is in consistency with the contracted area, the
treatment stipulated in this article may not be adopted, and the price shall remain unchanged.
Both parties agree to adopt the following treatments in case of any discrepancy between the
areas contracted and registered:
(1) where
the area deviation is less than 5% (including 5%), the price shall be calculated on
the actual basis;
(2) where
the area deviation exceeds 5%, Party B shall be entitled to return the property.
Where Party B returns the property, Party A shall, within 30 days after Party B has proposed
the request for return and prepared relevant formalities, send back the paid amount and pay
interest based on the corresponding current deposit rate of the People’s Bank of China to Party B.
Where the property is not returned by Party B, both parties shall settle the price on an
actual basis.
| Area Deviation Ratio = | Registered Area-Contracted Area | x 100% | ||||
| Contracted Area |
Article 5 Payment Method and Term
Receiving account designated by Party A: Bank: Industrial Bank, Xiamen Branch; Account No.:
96801001000313650002, Name: Xiamen Land Development Company.
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Party B shall pay relevant funds to the account designated by Party A according to the second
payment method:
(1) One-time Payment: Party B agrees to pay the full purchase price (including pre-payment)
RMB
_____
at one time upon signing this contract.
(2) Installment
Payment: Party B shall pre-pay 50% of the total purchase price up to RMB
_____
(block letter
_____
only) prior to Apr.15, 2008; and shall pay the remaining amount up to RMB
_____
(block letter
_____
only) prior to Jun.15, 2008.
(3) Mortgage Payment
Party B
shall, upon signing this contract, pay × % of the purchase price up to RMB
as the first installment (including pre-payment), the remaining amount RMB
shall go
through bank’s mortgage formalities. Party B agrees to strictly abide by the following provisions
in the course of going through mortgage formalities:
1. Party B shall provide complete mortgage required documents to the loan bank within 14 days
after signing this contract. If the loan bank considers the mortgage documents provided by Party B
are incomplete or have defects, Party B shall resubmit or supplement reasonably requested
additional materials within 7 days after receiving notice from such loan bank; if Party B fails to
resubmit or supplement the additional materials on schedule, it may be considered as late for
payment and shall assume the responsibility for breach in accordance with Article 6. Party A shall
be entitled to, prior to Party B prepares all the necessary mortgage materials, not register in
Xiamen Real Estate Transaction Registration Center.
2. Reference
for the applied amount and term of the mortgage shall be made to the final
approval of loan bank. Where the approved mortgage amount by bank is lower than contracted, Party B
shall pay the deficiency within 7 days after receiving notice from Party A, if not, it may be
considered as late for payment and shall assume the responsibility for breach in accordance with
Article 6.
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Where the applied mortgage fails to be approved by bank due to Party B’s reason, Party B shall
pay off the purchase price within 7 days after receiving notice from Party A, if not, it may be
considered as late for payment and shall assume the responsibility for breach in accordance with
Article 6.
Article 6 Party B’s Liabilities for Breach of Contracts
The following methods shall be adopted in case Party B fails to make payment on schedule (not
accumulated):
(1) where the overdue period is less than 90 days (including 90 days), starting from the next
day of the payment term expire date till the amount payable is fully paid, Party B shall pay 0.1‰
of the total purchase price as penalty to Party A on a daily basis, and the contract shall be
continuously executed;
(2) where the overdue period exceeds 90 days, Party A shall be entitled to terminate this
contract. Where Party A terminates this contract, Party B shall pay 20% of the outstanding payable
amount as penalty to Party A. If Party B is willing to continue the contract and its written
application was approved by Party A, this contract may be continuously executed. In this case,
Party B shall pay 0.2‰ of the total purchase price as penalty to Party A on a daily basis starting
from the next day after the effective period for paying expired to the day till the amount payable
is fully paid.
Article 7 Agreement on Change of Planning and Design
Where the using functions of the purchased property are affected by changes approved by
planning department or designing company, Party A shall, within 20 days after relevant departments’
approval, send a written notice to Party B. Party B is entitled to, within 15 days after the notice
arrives, make a written reply on whether to return the property. Party B’s failure to make a
written reply within 15 days after the notice arrives may be considered as accepting the changes of
planning and design as well as the relevant change of purchase price. Party B shall be entitled to
return the property in case that Party A fails to notify Party B within the scheduled time limit.
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Where Party B returns the property, Party A shall refund the paid amount to Party B within 30
days after Party B’s request for refund, and shall pay interests at the rate of 0.435% per month.
Party B, if not plan to return the property, shall sign a supplemental agreement with Party A
within 15 days after the notice of changes arrives, and if not, it may be considered as accepting
the changes of planning and design as well as the relevant change of purchase price arising from.
Article 8 Effective Delivery Term and Condition
1. Party A shall, prior to September 30, 2008, deliver to Party B the property that having
passed the examination for single building quality acceptance. However, in case of the following
circumstances, the time for delivery shall be extended, and Party A may not assume the
responsibility for late in delivering property as contracted herein.
(1) fails to deliver the property on schedule due to any force majeure, including but not
limited to more that 50 mm rainfall, above eight-level (including eight-level) tropical storm
(typhoon) or above five-grade(including five-grade) earthquake;
(2) fails to deliver the property on schedule due to any policy adjustment by the government;
(3) encounters any difficulty that may not be predicted or timely resolved by technology of
the construction industry then and there.
2. Party A shall be entitled to, prior to Party B pays off the gross purchase price, reject to
deliver property as scheduled contracted term, and which shall not constitute a breach of contract
or assume the responsibility for late in delivering property as contracted herein.
Article 9 Responsibilities for Breach of Party A for delay of the conveyance of the Property
In the event that the Property is not successfully conveyed by Party A within the time limit
for any reason except as provided in Article 8 herein, the resolution is either of the following
(not accumulated):
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(1) In the event that the delay is less than 90 days (including the 90’s day), starting from
the day after the latest conveyance date set forth in Article 8 herein to the actual conveyance
date, Party A shall pay 0.01% of the paid Property price as the liquidated damages for each day,
and this Contract continues to be performed.
(2) In the event that the delay is more than 90 days (including the 90’s day), Party B shall
be entitled to terminate this Contract. Party A shall refund the total amount which has been paid
by Party B within 30 days after the receipt of Party B’s written notice of the termination hereof,
plus 20% of accumulative payment as the liquidated damages. This Contract shall continue to be
effective if Party B requires so. Party A shall pay 0.02% of the paid amount as the penalty for
each day starting from the day after the latest conveyance date set forth in Article 8 herein to
the actual conveyance date.
Article 10 Conveyance
(1) After the Property is qualified to be conveyed and used in accordance with the single
building acceptance standard, Party A shall inform Party B of the conveyance procedures in writing.
Both parties shall sign on the Property Conveyance list at the acceptance and conveyance.
The written notice shall be sent by EMS by Party A.
(2) In the event that the Property is not successfully conveyed in time as a consequence of a
default by Party B, both parties hereby agree on the following:
1. Should the condition of the Property meet the delivery standard stated in this Contract,
Party B shall not, for any reason, refuse to accept such property.
2. Party B shall entrust an Agent in writing to carry out the acceptance and sign the Property
Conveyance List at the requirement of Party A during the conveyance procedures. Upon signing, the
Property Conveyance List shall be deemed as the performance of Party A’s Property conveyance
obligation and the Property has accomplished the requirements in this Contract. Upon the conveyance, the risk liabilities related to Property shall be transferred
to Party B.
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3. Should Party B hasn’t handled the Property conveyance procedures within 30 days after the
receipt of the notice about the conveyance, it shall be deemed as Party B has accepted Property.
Party B shall be solely responsible for the following fees and expenses charged from the 31st day
after the receipt of the notice about Property conveyance:
| • | All fees and expenses accrued to the Property (including but not limited to property management fees, public maintenance fees and apportioned water and electricity expenses, etc.); | ||
| • | Property custodian fees paid to Party A which is about 0.02% of the Property Price; | ||
| • | Party B is solely responsible for the risk liabilities of Property. |
4. Party A shall be responsible for the guarantee of Property after its conveyance. Based on
consultation, should any dispute about the quality of Property occurs, Party B shall entrust a
proper Construction Engineering Quality Test Institution of competent jurisdiction in Xiamen to
carry out the test, and the dispute shall be settled based on the written test results provided by
such institution. If the main structure of Property is tested as unqualified, both parties hereby
agree to terminate this Contract, and Party A will refund all purchase amount paid by Party B plus
5% of total purchase price at one time for indemnification, as well as the entrustment expenses.
Article 11 Arrangements about Property Title Registration
(1) Party A shall, within 360 calendar days, file the materials concerning Property Title
Registration which need to be provided by Party A with Property Title Registration authority for
record.
(2) The Property Ownership Certificate of Party B shall be generated by relevant authority
with Party A’s assistance. Party B shall comply with the rules to pay all necessary taxes for
Property Title such as contract tax and so on.
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(3) Should the Property Title Registration fails in a consequence of a default of Party B,
Party B may not put forward any claim from Party A.
Article 12 Guarantee
If any quality problem occurs within the guarantee range and period, Party A shall undertake
the guarantee duty in accordance with current project quality guarantee provisions, except that the
damages are caused by force majeure or for non-Party A reasons, for which Party A will not be
responsible, but may assist with the maintenance, the expenses of which are borne solely by Party
B.
Article 13 Other Arrangements are as follows:
(1) Use Right of Property Building Roof shall be dealt with in accordance with relevant state
regulations.
(2) Use Right of Property Building’s Outer Wall Surface shall be dealt with in accordance with
relevant state regulations.
(3) Nomenclature Right of Property Building shall belong to the park administration office
(Management Committee of Xiamen Software Park).
(4) Nomenclature Right of Property Community shall belong to the park administration office
(Management Committee of Xiamen Software Park).
(5) The Property can only be used for business activities defined in Provisional Rules for
Administration of Enterprises in Xiamen Software Park. Party B shall not, during use, conduct any
unauthorized change on Property’s main structure, load-bearing structure or purpose. Except
otherwise expressly provided for in this Contract or Appendices, Party B is entitled to share the
shared part and facilities related to the Property, and proportionally assume responsibilities
pursuant to land occupation, and apportionment of architectural area with other obligees.
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(6) Pursuant to the decision made by park administration office (Management Committee of
Xiamen Software Park), the early (provisionally 3 years) property management company of Xiamen Software Park, Phase II is Xiamen Special Economic Zone Property Services
Co., Ltd., which is also acknowledged by Party B. Party B agrees to perform its obligations as the
proprietor based on the mutually-agreed area herein upon the conveyance of the property, including,
without limitation, to pay on time the property management fees which is approved by price
department, shared maintenance fees and apportioned water and power expenses, etc..
(7) Party B agrees that it will carry out related businesses like software research and
development pursuant to Provisional Rules for Administration of Enterprises in Xiamen Software
Park; it will not go beyond the business scope expressly set forth at the application (for details
about application form, see Appendix IV.) without permission of park administration office
(Management Committee of Xiamen Software Park) or an company authorized by the same office.
(8) Party B agrees to strictly adhere to Provisional Convention for Proprietors of Software
Park II (See Appendix III).
(9) The park administration office (Management Committee of Xiamen Software Park) authorizes
Xiamen Chuangxin Software Park Management Co., Ltd. to supervise the Party B’s business activities
in Xiamen Software Park, as well as provide relevant services.
Party B agrees that, in the event that Party B has gone beyond the business scope or changed
property purpose, Xiamen Chuangxin Software Park Management Co., Ltd. will be entitled to instruct
Party B to undertake the remediation of Property within a specified period. Should the remediation
fails to be carried out, Party A shall be entitled to regain the property in advance at the
repurchase price of purchase price - 150RMB/m2/y×years of use.
(10) Party B understands and knows the special requirements and approval procedures for the
entry to Xiamen Software Park, phase II (see Provisional Regulations for Entry of Enterprises to
Xiamen Software Park, Phase II); Party B agrees that, provided that Party B withdraws from the
park, Party A may or Party A entrusts Xiamen Chuangxin Software Park Management Co., Ltd. to,
exercise the repurchase right at the agreed price under any case, except that a purchaser qualified for entry into the park agrees to buy it. If Party B assigns, gives
or leases the Property, Party B hereby agrees to:
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1. In the case that Party B assigns the Property for the reason of liquidation or
outmigration, Party B shall apply at Management Committee office of Xiamen Software Park;
2. Party A is or Party A entrusts Xiamen Chuangxin Software Park Management Co., Ltd. to be,
entitled to preemptive purchase at post-depreciation cost price. The post-depreciation cost price
is calculated as: purchase price - 150RMB/m2/y × years of use;
3. Management Committee office of Xiamen Software Park is responsible for the check of the
qualification of entry to the park. In the case that Party B assigns or leases the Property to
other enterprises, the assignee or lessee shall be enterprises which are approved by Management
Committee office of Xiamen Software Park to enter the park, and which have carried out the
application and approval in accordance with Provisional Procedures for R & D Building Management of
Xiamen Software Park. Should the approval can not be obtained, Party B shall not assign, give or
lease the Property.
In the event that Party A agrees Party B’s assignation and does not purchase the Property,
Party B shall make up land premium differentials, which shall be calculated pursuant to provisions.
Article 14 Termination
(1) Any Party that terminates this Contract in its sole discretion shall compensate the other
party for the damages incurred and the liquidated damages for breach shall amount to 20% of the
purchase price.
(2) The termination of this Contract will not affect the performance of contracting parties’
responsibilities for breach stipulated herein; however, any property or rights and interests
acquired from the other party after the termination of this Contract shall be returned, but not
including fruits of property generated when the property is under the party’s possession.
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Article 15 Both Parties hereby warrant that the addresses and telephones are true and
effective. Any change thereof shall be informed in writing to the other party.
Article 16 Any dispute arising from the performance of this Contract shall be firstly settled
by friendly negotiation. In the event that the negotiation fails, the parties may bring a suit
before a People’s Court in the Property place.
Article 17 Matters unmentioned herein can be stipulated in the complementary agreement upon
both parties’ arrangement.
Article 18 Appendices and the Agreement have equal legal effect. Written and printed
characters filled in blanks of Appendices and this Contract shall have equal effect.
Article 19 This Contract, together with its Appendices, has totally 20 pages and been made in
5 (five) sets, all with equal legal effect, with one (1) set for each of the following:
Party A, Party B, Management Committee of Xiamen Software Park, Xiamen Chuangxin Software Park
Management Co., Ltd., Property Title Registration authority.
Article 20 This Contract comes into effect upon its signing.
Article 21 Within 30 days after this Contract comes into effect, Party A shall apply for
record at Xiamen Real Estate Trade Title Registration Center. Party B will be responsible for the
delay of registration occurred for the reason of Party B.
Article 22 At Party B’s option of mortgage payment, it shall submit necessary mortgage
materials to the loan bank within the time limit set forth in Article 5.2 herein and Confirmation
Form about Mortgage Materials Submission of Contracted Clients of Software Park, Phase II to Party
A. If not, Party B will be deemed to have conducted a breach and have to assume the
responsibilities for breach set forth in Article 6 herein.
Article 23 Party B has to complete decoration and entry production and operation within 90
days after the conveyance (including circumstances considered as conveyance) date set forth in
Article 10. In the event that the completion takes more than 90 days, the solution will be as
follows:
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(1) From the 91st day to the 100th day, Party B shall pay 0.01% of purchase price for each
overdue day to Party A as liquidated damages, and the Agreement shall continue to be performed;
(2) In the event that the completion takes more than 100 days, Party A shall be entitled to
terminate this Contract pursuant to Article 14 herein.
| Seller (Stamp): | Buyer (Stamp): | |||
| [Legal Representative] | [Legal Representative] | |||
| [Agent] | [Agent] | |||
| (Stamp) | (Stamp) |
Signed in Xiamen on ____________
Registration Institution (Stamp)
Agreement No.
Person in Charge:
Registration Date:
Agreement No.
Person in Charge:
Registration Date:
Appendix I: Plan of Property
Appendix II: Apportionment of Architectural Area of public area and common premises
Appendix III: Provisional Convention for Proprietors of Software Park II
Appendix IV: Application for entry to Software Park II
Appendix II: Apportionment of Architectural Area of public area and common premises
Appendix III: Provisional Convention for Proprietors of Software Park II
Appendix IV: Application for entry to Software Park II
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Appendix I: Plan of Property
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Appendix II: Apportionment of Architectural Area of share areas and share houses
1. Apportion method shall comply with applicable regulations of State and local.
2. Commercial building’s sales area includes: built-up area, common premises (for apportion)
area.
3. Common premises area includes:
(I) The elevator shaft, pipe shaft, staircases, outdoor staircase, power distribution room,
equipment room, public lobby, porch, aisle, public facilities at basement ,guard room, as well as
other buildings, floors, or units serve for public or management function.
(II) Area covers the walls for separating house area from the common premises and half of the
horizontal projection area of the outer walls (including the xxxxx walls)
(The rest of this page is left blank.)
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Appendix III:
Provisional Convention for Proprietors of Xiamen Software Park II
Chapter 1 General Provisions
Provisional Convention for Proprietors of Xiamen Software Park II
Chapter 1 General Provisions
Article 1 According to “Property Management Ordinance” and relevant laws, regulations,
policies, this Provisional Convention is enacted by the construction company before the sale
of properties to instruct the use, maintenance, management of the property, the common
interests of owners, the obligations of the proprietors, the responsibility arise from
breaching of This Convention.
Article 2 The construction company shall present and explain this Convention to potential
proprietors before the sale of properties before property sales.
Property buyer shall provide with a Letter of Commitment for this Convention at the time of
signing a Property Purchase Contract.
Article 3 This Provisional Convention is binding upon the Construction company, property
owners and users.
Article 4 The provisions with regard to the common interests of the proprietors in the
preliminary property service contract between the construction company and its agent “Xiamen
Software Park Innovation Management Ltd. (hereinafter referred to “Park Management Company”)
and the Property management company, shall be consistent with counterparties of this
Provisional Convention.
Chapter 2 Description of the Property
Article 5 Basic information of the property within the Property Management Region
Property Name: Software Park II;
Location: #1~58 Guan Ri Road, #1~73 Wang Hai Road;
Property Type: Software Park consist of Research and development buildings, Serviced Apartments and Related Service Facility
Architectural area: around 1530,000 square meters
Location: #1~58 Guan Ri Road, #1~73 Wang Hai Road;
Property Type: Software Park consist of Research and development buildings, Serviced Apartments and Related Service Facility
Architectural area: around 1530,000 square meters
Property Management Region boundary:
East to Wushi Road;
South to Lvling Road 200 meters;
West to Huan Huli Xx Xxx;
North to Huzi Hill.
South to Lvling Road 200 meters;
West to Huan Huli Xx Xxx;
North to Huzi Hill.
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Article 5 According to legal regulation and property purchase contract, the buyer is
entitled with the ownership of the following common area and common facility
1. The common area in a single building, which are entitled to be used by all the proprietors
of this building, including load bearing structures, main structure, public hallway, public
corridor, public toilet, staircases, outer walls interface, public toilet, public path etc.
2. The common facilities and equipments in a single building, which are entitled to be used by
all the proprietors of this building, including the sewer , water pipe, water tanks, pumps,
elevators, lighting facility, fire control facilities, lightning protection facilities,
visual-speaker, the Electronic Security systems, power distribution systems, antenna;
3. Common area and facility within the Property management region owned by all the
proprietors, including fences, ditches, sewers, lighting facilities, houses for placing common
facilities and equipment (such as pumping stations), ground parking lots etc.. Municipal
facilities are not included herein.
Article 6 According to the Property Purchase Contract, the following sites , facilities and
equipment within the property management region are owned by the Construction company, and
managed and operated by the Park Management Company:
1. the unsold garage or parking spaces with independent property rights;
2. clubs and Screening Room, 11 Group stores, and No.14 Wang Ri Road ,No. 42 building, No. 55
Wang Hai Road, Restaurants in the Research and Development Building;
3. Administration building, the Park tennis courts and basketball courts, bus station;
4. Other unsold property with independent property rights.
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The exercising of the proprietorship of above mentioned common area, facilities and
equipment shall not affect the normal use of the property of other proprietors.
Chapter 3 Usage of the Property
Article 7 The proprietors have the rights of possession, usage, beneficial and disposition
of their exclusively possessed property without interfering other proprietors’ rights.
Article 8 The proprietors shall abide by laws and regulations and adhere to the principle of
keeping the property safe, clean and no harming the public interest and the interests of
others, to handle the relationship reasonably with neighboring property owners in
electricity, water supply, heat supply, gas supply, drainage, access, ventilation, lighting,
decoration, sanitation, environmental protection and other aspects.
Article 9 The proprietors shall use the property according to the designed function. If
special changes of the function needed, the proprietors shall acquire the consent of the
owners of the adjacent property and written consent from relevant administrative departments
and inform the property management companies.
Article 10 Before decoration of their property, the proprietors shall have finished all the
approval procedures with fire control department, environmental protection department and
other relevant government department and shall apply for the decoration permit from the
Property manage company. Decoration management services agreement shall be signed with the
management company. A deposit and clean fee in line with the Pricing Department’s Standard
shall be paid and certain pass in-out card shall be collected for workers. The proprietors
shall accept the Property Management Company’s management while conducting a decoration.
The proprietors shall conduct the decoration complying with the laws, regulations, policies
and the services agreement.
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Article 11 The proprietors should place the decoration materials and decoration garbage in
designated locations. The occupation of the property common area and public places will not
be allowed.
The decorating time is 8:00-12:00, and 14:00-21:00 within the Property management region.
Drilling, grinding, cutting, tearing walls and other noise or vibration caused by decoration are
prohibited during 12:00-14:30 and18:00-21: 00 in the completed and delivered research & development
building within the region.
Water bills occurred in the public area of the research and development building in the Park,
will be apportioned according to divided area; Water bills occurred during decorating period will
be apportioned according to the number of properties under decoration, decoration certificate
processing time, the total decorating area; If some enterprises started to conduct the decoration
after some other enterprises had check-in officially, the water xxxx of the decorating company will
be charged at 1.2 times of their built-up area.
The decoration shall be completed within three months after admission of an enterprise
(starting from the date on which an enterprise signed to accept the property and collect the key.)
Article 12 If the normal usage of the public area , public facilities and equipment was
interrupted or influenced, or the neighboring property owner’s interest was infringed
by the proprietor due to their decoration, the proprietor shall return it to normal
condition and assume corresponding liability.
Article 13 The proprietors shall use water, electricity, gas and other public facilities and
equipment complying with the relevant rules. Any change to the facilities will not allow.
Article 14 The proprietors shall install air-condition according to the designed and planned
location. If there isn’t a location for air-condition designed, the property management
companies shall appoint a location to install. Meanwhile, the noise and the condensing water
shall be dealt with properly.
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Article 15 The proprietors and the users shall comply with the elevators usage regulations
when using the elevators within the Property Management Region.
Article 16 All vehicles driving or parking in the property management region, shall comply
with the region’s traffic and parking rules.
Article 17 Following behaviors within the Property management region are prohibited:
1. to damage the load-bearing structure, the main structure, destruction of building facade,
the unauthorized change in designed purposes of the space;
2. to occupy or damage the public area, common facilities and equipments; to move without
consents the public facilities and equipment;
3. to build up structures illegally or set up stalls;
4. to dump or litter in some locations which are not designed for garbage dumping.
5. to breach the relevant provisions of stacking flammable, explosive, poisonous, radioactive
materials; to emit toxic substances, and to make noise;
6. to hang, post, draw, depict on the roof, outside walls or public area; to put Advertisement
on the roof or outside walls;
7. to use the property for illegal activities, gathering around, and making disturbing noise
to interfere the public interest, or against other people’s legitimate rights;
8. acts prohibited by laws and regulations.
Article 18 The proprietors who keep animals in the property management region, are not
allowed to violate relevant regulations, and follow the rules below:
1. Not keeping animals in public areas and the animals shall not use the elevators;
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2. The proprietors and users must undertake their obligations on looking after their animals;
excretion in public places are not be permitted.
Chapter 4 Property Maintenance
Article 19 The proprietors shall not hinder others’ interests while maintaining their
exclusively owned property.
Article 20 When it is necessary to enter some private property of others due to the
maintenance reason, the proprietors shall inform the other private property owners in
advance. The relevant proprietors should provide with the necessary support.
When the relevant proprietors obstruct the maintenance of the property and causes the damage
or other losses, they should be responsible for repairing and undertaking the compensation.
Article 21 In the case of emergency situations happened to endanger the legal rights and
interests of the proprietors, necessary repair of some private property shall be taken as
soon as possible but notification is not able to send to the relevant proprietors, the
repair shall be conduct under the third Party’s supervision (such as the local neighborhood
committees or the police station or the Park management company). Notify and explanation
shall be given to the relevant proprietors promptly as early as possible.
Article 22 If the proprietors need to occupy, to mine roads, venue or other sites
temporarily for the maintenance or public interest purpose, it should acquire prior consent
from the Park management companies and return the property to the formal condition within
the period agreed.
Article 23 When potential safety problems threaten the public interest or other legitimate
rights and interests of the proprietors, the person who is responsible for, shall take
timely measures to eliminate the dangers.
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Article 24 The construction company shall undertake the necessary warranty obligation within
warranty period and scope.
Article 25 All the proprietors within the property management region shall pay , use and
manage the property maintenance funds in accordance with the regulations.
Chapter 5 Common Interests of the Proprietors
Article 26 To protect the common interests of the proprietors, all the proprietors agreed to
grant following rights to the property management company while conducting activities for
the purpose of property management:
1. to establish the rules and regulations together with the construction company, in
accordance with this Provisional Convention, on the usage of the public facilities and equipment
and the maintenance of public order, sanitation and other aspects;
2. to criticize, advice, post, warn, temporary seize the construction tools (return later) and
other necessary measures to stop the proprietors or users of the property from violating this
Convention;
3. to charge breaching fees by 3 ‰(of the default due) from the proprietors when they failed
to pay the property services fee, maintenance fee of public property, water and electricity
apportion costs on time.
Article 27 Construction company shall set up bulletin boards for posting property management
rules, regulations and notifications to all the proprietors.
Article 28 Contract
( flat rate ) system is adopted to collect the property service fees
within the region. The proprietors shall pay property services costs (property services
funds), public house maintenance fee, water and electricity fees in accordance with the
property services agreement in full and on time.
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The property service fee is the basis of normal property service activities, which involving
the common interests of all the proprietors. The proprietors shall be comply with its obligations
of paying the service costs on time.
Chapter 6 Responsibility for breaching of the Contract
Article 29 If the proprietors violated the Provisional Convention, and hindered the normal
usage of the public property or damaged the property, other proprietors and property
management company may bring a lawsuit before a court according to this Convention.
Article 30 If the proprietors violated the Provisional Convention and caused the damage of
the common interests, other proprietors and property management company may bring a lawsuit
before People’s Court according to this Convention.
Article 31 If the construction company fails to fulfill their obligation of this Convention,
the proprietors and property management company may make a complaint to the relevant
administrative department or bring a lawsuit before People’s Court according to this
Convention.
Chapter 7 Supplementary Provisions
Article 32 The exclusive property in this Provisional Convention shall mean buildings,
spaces, ground and related facilities and equipment used independently and exclusively by
the individual proprietor.
The public area, public facilities and equipment in this Provisional Convention shall mean the
house, space, venues, facilities and equipment which belong to multiple proprietors or owned by all
the proprietors.
Article 33 The proprietors shall acquire the approval from the Software Park Management
Committee to transfer or rent the property. The prior written notice shall send to the Park
Management Company before transferring or renting the property. The transferee shall sign
the letter of Commitment of this Provisional Convention. The lessee shall follow the
commitments of the Provisional Convention.
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Article 34 This Provisional Convention shall be with each party of the Construction company,
the Park management company, the Property management company and the proprietors.
Article 35 This Provisional Convention shall take effect since the first commitment date and
will be terminated on the effective date of “The Convention of Proprietors”.
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Letter of commitment
We, the proprietor of the property of Xx.00, Xxxxxxx Xxxx (name and exact location of the
property, hereinafter referred to the Property), in order to protect the common interest of all
proprietors, here acknowledge that:
1. We confirmed to read through the “Xiamen Software Park II Provisional Convention”
(hereinafter referred to as “the Provisional Convention”) enacted by the construction company and
the Park Management company jointly;
2. We agreed to comply with and promote this Provisional Convention;
3. We agreed to undertake the corresponding responsibility in violation of this Provisional
Convention and the jointly liability of the users’ breaching of this Convention;
4. We agree that we need to acquire the signed Letter of commitment of this
Provisional Convention from the transferee when transferring the property. The letter shall be
submitted to the Construction company, the park management company or property management company.
Before the receipt of the signed Letter of commitment from the transferee, this commitment shall
remain the same effect.
| Covenanter (signature) | ||
| Legal Representative (signature) | ||
| Agent (signature) |
Date:
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Appendix IV: Application form for Entry to Software Park II
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