THE COOPERATION AGREEMENT
THE COOPERATION AGREEMENT
Party
A: Beijing
Xxxx Xxxxx Gas Co., Ltd. (Investor)
Party
B: Urban
Management Bureau of Chengan Country (Investment Receiver)
Party
C: Xinji
Town Municipal Government (Witness)
To
accelerate the development of municipal installations, improve living conditions
and the environment, Urban Management Bureau of Chengan Country (hereinafter
referred to as “Party
B”)
plans
to develop the pipeline gas project in the urban area (the “Pipeline
Project”).
Beijing Xxxx Xxxxx Gas Co., Ltd. (hereinafter referred to as “Party
A”)
bids
for the Pipeline Project. After friendly consultations, the Parties hereby
agree
as follows (the “Agreement”):
| 1. |
Party
A shall invest in the Pipeline Project which costs XXX 00 million,
and
cover all the expenses except initial residential installation fees.
The
purpose of the Pipeline Project is:
|
1.1 to
construct a CNG-supply gas station with a set of instruments to store and
regulate natural gas;
1.2 to
construct an urban pipeline network;
1.3 to
construct inner pipeline networks for residential communities, industrial
plants, commercial and social organizations, and install pipes to connect
gas;
1.4 to
construct a gas station in Chengan
| 2. |
The
Pipeline Project invested by Party A is designed to supply 1,000
to 1,500
households at present and 15,000 households in the future. The Pipeline
Project shall be carried out in stages and the number of customers
of
every stage shall be determined by practical situation. Party A shall
construct a gas station with the capacity of supplying gas to 15,000
households. The urban pipeline network shall be gradually completed
by the
way of connecting inner pipeline networks through which the citizens
will
enjoy the benefit of natural gas ahead of
time.
|
| 3. |
Party
A shall comply with PRC and local government laws, regulations and
relevant rules during its construction and operation, and allow
supervision and inspection by Party A.
|
|
4.
|
Party
B’s Responsibilities during the construction of the Pipeline
Project
|
| 4.1 |
assisting
Party A in the procedures for obtaining approvals granted by designing
and
planning department, labour department, environmental department,
department of water & power; (Party A shall for all the relevant
fees.)
|
| 4.2 |
provision
of the relevant blueprints and materials; repairing the roads broken
during the construction; assisting Party A in obtaining the operating
right and applying preferential treatment related to tax; provision
of
places to work and live, storerooms, water and electricity; other
matters
entrusted by Party A; (Party A shall for all the relevant
fees.)
|
| 4.3 |
assisting
Party A in acquiring the right to use land and organizing relevant
departments to inspect the construction; (Party A shall for all the
relevant fees.)
|
|
5.
|
Party
A has the exclusive right to operate the pipe gas project within
the urban
planned area of Chengan County for 25 years following the start of
the gas
station operation, and keep all the operational revenues. Party B
shall
grant permission if Party A wants to resume its right at the expiration
after 25 years.
|
|
6.
|
Party
A shall sign contracts having force and effects with customers at
the time
of charging initial residential installation fee, and guarantee as
follows:
|
| 6.1 |
Party
A shall compensate for the economic losses of customers due to cutting
the
gas off except in the case of force
majeure.
|
| 6.2 |
Party
A shall refund the initial residential fee if the gas cannot be connected
to customers within 90 days following the
payment.
|
|
7.
|
Party
A shall finish its application and registration procedure of establishing
a company before June 30 in 2006, and make the first customers connect
to
natural gas before December 31 in 2006; otherwise, this Agreement
shall be
terminated.
|
|
8.
|
The
Parties may negotiate and execute documents to supplement this Agreement.
Such supplemental agreements shall have the same force and effect
as this
Agreement.
|
|
9.
|
There
are five originals of this agreement. Party A and Party B each hold
two
originals, and Party C holds one original. Any and all disputes arising
out of or relating to the performance of this Agreement shall be
settled
by the Parties through friendly consultations. If the disputes are
not
resolved through friendly consultations, then each party agrees to
be
subject to the jurisdiction of the People’s Court of the locality where
this Agreement is executed.
|
2
|
Party
A (Seal): Sealed
|
||
|
Representative
(Signature): Signed
|
||
|
Date:
April 18, 2006
|
||
|
Party
B (Seal): Sealed
|
||
|
Representative
(Signature): Signed
|
||
|
Date:
April 18, 2006
|
||
|
Party
C (Seal): Sealed
|
||
|
Representative
(Signature): Signed
|
||
|
Date:
April 18, 2006
|
3
