Yeqing Building Lease Agreement
Exhibit 10.18
Yeqing
Building Lease Agreement
Part A:
Beijing Xxxxx Enterprise Group Co., Ltd
Part B:
Lakeland (Beijing) SafetyProducts Limited
June 2,
2009
Lessor:
Beijing Xxxxx Enterprise Group Co., Ltd (Hereinafter referred to as Part
A)
Lessee:
Lakeland (Beijing) Safety Products Limited (Hereinafter to as Part
B)
Beijing
Xxxxx Enterprise Group Co., Ltd (Hereinafter referred to as Part A), which is a
company established in accordance with Laws of the People’s Republic of China
with the registered address of XX.0 Xxxxxxxx Xxx Xx Xxxxxxxx
Xxxxxxxx, Xxxxxxx , Xxxxx having independent property rights of
Yeqing Building totally A,B,C,D four buildings( Hereinafter referred to as
Building) and Lakeland (Beijing) Safety Products Limited hereby reach the
Agreement as follows and sign the contract on (date)
Article 1
Room to Lease
1. The
Lessor agree to lease Room 412 on four floor of building C totally 107 m2
architectural space (room location is red highlighted in the Appendix
1)
2.
The room leased to Lessee shall only be utilized for office of company and shall
not be used as residence or workshop. Part B agrees to lease the room in the
current situation.
Article 2
Lease, Rent and other Expense
1.
|
the
lease period of this contract is from June 11,2009 to June 30,
2011
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2.
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Rent:
the rent of this contract includes lease of room and management fees
(RMB1.5/day/ architectural m2
)
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3.
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The
rent of the room to lease of building A, B and C is RMB4.5/ architectural
m2
during the lease period.
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4.
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Part
A agrees that lease Part B the room at favorable price during the
favorable duration. The favorable price is RMB3.1/ architectural m2
totally RMB245351. the favorable rent-free period is 20 days(
the rent-free period refer to Article 4. paragraph one
)
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5.
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The
rent should be calculated according to the foreign exchange rate middle
rate of the State Administration of Exchange Control when Part B pays the
rent by foreign currency.
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6.
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Electricity
fee: Part B pays Part A the electricity fee within five work days from 25
of every month according to the actual use of electricity (the number of
the ammeter). It starts from the day when Part B moves in as the first
time to charge the electricity. The current electricity price is RMB1 per
kilowatt hour which is subject to the price adjustment of the power supply
section.
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7.
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Water
fee: Part B pays Part A within five work days from 25 of each month
according to the actual use of water, and it starts from the day when Part
B move in as the first time to charge the water. The current water price
is RMB6.1 per ton which is subject to the price of the water supply
section.
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8.
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Parking
fee: monthly parking fee for each seven and less than seven seats car
includes RMB250 (RMB150 as monthly flat rate and RMB100 as overhead
expense of Contractor), fixed parking lot RMB500 (RMB210 as monthly flat
rate and RMB290 as overhead expense of Contractor) and underground parking
lot RMB800; monthly parking fee for each more than seven seats car is XXX
000 (XXX000 as monthly flat rate and RMB290 as overhead expense of
Contractor). Part B pays the parking fee of next month within five work
day. Charge the parking fee according to the actual days if park less than
one month. Parking lot number is one. Part A offer the parking place of
bicycle but have no responsibility of
management.
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Article 3
Security Deposit
1.
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Part
B pays Part A three months rent totally RMB29853 as the guarantee to
perform the contract when the two parties sign the contract. The security
deposit has no interest.
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2.
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When
the contract expires, Part A refund the full amount security deposit to
Part B without any interest or compensate within one month after Part B
change its registered address to be not Yeqing Building, provided the
latter performs all the obligation stipulated in the contract and pay off
all the payable expense. If Part B needs not change its registered address
Part A refund the full amount security deposit to Part B within one month
after Part B pay off all the expense provided the latter performs all the
obligation stipulated in the
contract.
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3.
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It
applies to Article 10 paragraph ten if Part B terminates the contract
without the consent of Part A during the lease
period.
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4.
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Part
B should not use the security deposit to countervail the rent or the other
expense.
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5.
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Part
B should not transfer the creditor’s right to the third part or pledge for
the others and should not use the security deposit as the other expense
except the performance of the
contract.
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6.
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The
contract terminated automatically if the security deposit of Part B do not
arrive the account of Part A within three days after the contract
signed.
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Article 4
Payment of Rent
1.
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The
rent-free period of Part B is from 11 June, 2009 to 30 June, 2009. Part B
need no pay Part A the lease of the room, but should pay the management
fee stipulated in the contract (RMB1.5/day/architectural m2),
public service fee (include electricity rate and water rate) and the other
expense. The management fee should pay with the security deposit during
the rent-free period. During the rent-free period, Part B should perform
the entire obligation and abide all the regulation stipulated in the
contract except need not pay lease of room. Part B should pay the
telephone xxxx and internet fee to China
Telecom.
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2.
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Part
B pays Part A the rent every one month. The first time to pay the rent is
before 01 July and the total amount is RMB10282.7. The
second time to pay the rent is within five work days from 25 July, 2009
and from then on the date to pay the rent is within five work days from 25
of every month according the actual number of days of each
month.
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3.
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Payment
of Part B shall be made in check or cash or remit to the bank appointed by
Part A if pay by xxxx of exchange. The date of remitting the xxxx of
exchange shall be the date of
payment.
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4.
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Part
B should pay the rent according to the date stipulated in the
contract.
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5.
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When
receive the rent and the other expense Part A should make legal equal
amount invoice to Part B with Part A as the issuer of the
invoice.
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Article 5
Decoration and Remedy
1.
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Part
B should abide the regulation established by Part A and the agreement
signed by the two parties.
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2.
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Part
B should not rebuild or decorate any public area or public part, should
not xxxx, scrawl or drill on the public part, and should not change the
appearance of the building without the written consent of Part
A.
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3.
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After
getting the decoration permit, Part B should paste the decorate permit on
the door or the other conspicuous place of the lease room so Part A can
inspect the decoration.
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4.
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Part
B should insure the decoration have no damage to the instruction and
facility of the lease room and the building and have no effect on the
other lessee to use the building and the room they
lease.
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5.
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During
the lease period, Part B should support Part A when the latter need remedy
or rebuild the building and should not restrict or disturb the builder
employed by Part A. But Part A should give written notice to Part B and
made the utmost possible efforts to insure Part B can work
normally.
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6.
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Part
A can enter the lease room of Part B to inspect and maintain after giving
logical notice in advance. Part A can enter the lease room of Part B
without notice in an emergency and take down the window and door to get in
when necessary and inform Part B within 24 hours after the
fact.
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7.
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Part
B should keep the lease room and the facility of the room in good, clear,
tenantable and maintained condition (not include natural abrasion). Part B
should not repair any damage or flaw of the room, but should inform Part A
of that. Part B must assume the responsibility of any personal injury or
property lose to Part B or anyone others caused by the lease of the room
and the disrepair or damage of the
facility.
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8.
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Part
B should take all reasonable precaution to protect the interior of the
room against damages from fire, water, wind and the like, and ensure close
all the windows under the threaten of atrocious
weather.
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9.
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Part
B should not claim for compensation to Part A when remedy or rebuild of
the lease room or the whole building which make Part B cannot use the room
normally are caused by Force
Majeure.
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Article 6
Entry and Exit of the Lease Room
1.
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Part
B should presents the basic information of the company and the employ to
the administrative personnel of Part A and should equip its stuff Security
Access Control card (detail refer to Appendix Four Article 3 paragraph
five). Stuff of Part B should not stay in the room overnight. Part A stops
the normal property and personal service after 18:00 on work
day.
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2.
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Part
A or the worker hired by Part A should inform Part B in advance when they
need enter the lease room because of the reason of maintain, inspect,
security, fireproofing, installation and the like. Part A can enter the
room directly in emergency when Part A is not able to inform Part B in
advance, but get in touch with Part B within 24 hours after the
fact.
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Article 7
Rights and Obligation of Part A
1.
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Part
A should not announce unilaterally raise the rent without the consent of
Part B. but the rent price should be readjusted when renew the expired
contract, otherwise the contract cannot be
extended.
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2.
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Part
A should provide Part B the use of central
air-conditioning:
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1)
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Free
of charge cooling time and standard: 8:00-18: from Monday to Friday. No
heating on legal holiday.
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2)
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Free
of charge heating time and standard: heating period is 15 November every
year to 15 March of the next year. During this period 8:00 to 18:00 is
normal heating time and 18:00 to 8:00 is low temperature heating
time.
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3)
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It
charges 930 per hour (limited to D building) outside the time stipulated
above from Monday to Friday. If the central air-conditioning is used for
heating or cooling on the other holidays the using time of should not less
(it should be a mistake of the contract which should be “more” I think)
than 4 hour, and the excess time will be charged according to the above
charge regulation.
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3.
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To
be responsible for the security, fireproofing, environmental hygiene and
the like of the public area and public
facility.
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4.
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Inspect
and maintain the public area and facilities to ensure them in good usable
condition and repair in time in the event of any damage malfunction or
receiving the written notice from Part B of damage and
malfunction.
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5.
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Part
A provide Part B with the other paid service (details refers to Appendix
Four Article 3 Paragraph four)
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6.
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Part
A can amend the Appendixes of the contract Property Management Agreement,
Fire Control Safety Responsibility Pledge and Security Responsibility
Pledge according to the relevant government document and regulation and
the actual position of the company. The amended version should be sent to
Part B in time and come to force upon the arrival to Part
B.
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7.
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Part
A should keep the circuitry, equipment, water pipe, drainage system and
the other public facilities in good and rentable condition. Part A have no
responsibility for the failure to function normally of the public
facilities or the intermission of the water, air-condition and the like
caused by emergent maintaining, Force Majeure, or have notified Part B in
advance.
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Article 8
Rights and Obligation of Part B
1.
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Part
B should be a legal company registered in China, or legal office in
Beijing of foreign company registered legally, or legal entity, operating
unit, the other social organization registered in the relevant
administrative organ. Part B should submit the duplicate of Corporate
Business License (with the seal of the company) to Part A as the appendix
of the contract. If Part B is a newly established company, the appointed
corporate executive of Part B sign the contract with Part A, and submit
the relevant legal document to Part A within 10 days after the
establishment of the company. The two parties should change the contract
in the form of complementary
agreement.
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2.
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Part
B has the right to use the lease room but have not the ownership. No
sublease, relet, transfer, pledge or borrow are allowed. The above
regulation applied to the entire article in the lease room provided by
Part A.
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3.
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The
room leased to Lessee shall only be utilized for office of company. Part B
should not use the lease room as other application, should not change the
room or any part of the room to broadcasting studio, should not hold any
religion ritual or any other rite and should not use the room for
gambling, prostitution, or any other illegal and immoral purpose. Part B
should not use the lease room for any activity that endanger State
security, should not perform or allow any auction or sale activity of any
article or any property, should not lease the room by any way that may
that will harm or endanger Part A or the other lessee such as noise,
disarrangement smell and the like.
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4.
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Part
B should not operate business under the name of Part
A.
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5.
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Part
B should not jam, incise, damage, change or disarrange any public area or
fixed equipment of the building and should not influence the supply and
usage of the water, electricity, gas and the like of the
building.
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6.
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Part
B should not move or change the facilities of the lease room during the
decoration without the consent of Part A; otherwise, Part B should assume
total responsibility.
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7.
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Part
B should restore the lease room to the original state or bear the expense
to restore the lease room, except otherwise agreed by the
parties.
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8.
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Part
B should abide the contract and the management system of Part
A.
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9.
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Part
B is liable to the security,anti-epidemic and the
fireproofing of the lease room. Office and business activities should
confirm to the regulation of Beijing fire and health and anti-epidemic
department and the Fire Control Safety Responsibility Pledge (refer to
Appendix Two).
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10.
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Part
B should report the power load condition of the lease room to Part A
before decoration for the later to audit in advance. Register and file the
number and power load of the large and irregular electric equipment to
Part A and obtain the consent of Part A before increasing new large and
irregular electric equipment. Equipment inside the room such as computer
should be equipped with UPS.
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11.
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Part
B should not put any article that beyond the design load of the lease room
floor in the room. Part A reserves the right to stipulate the weight and
location of the xxxxxx of Part B.
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12.
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Part
B should not move any heavy machine and large equipment into the building.
Notifying Part A in advance before move out large number of office
electricity equipment and establishment, and move out with the consent of
Part A and out certificate. It’s considered as breach of the contract and
Part A have the right to penalize Part B if Part B moving our without
consent of Part A seriously badly. Part B should follow the direction of
Part A people.
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13.
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Part
B should not use the lease room as manufacture and storage purpose except
sample and item for display. Prohibit any flammable, explosive, virulent,
radioactive dangerous article.
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14.
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Part
B should not place article or garbage in the lobby, corridor or the other
public area of the building.
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15.
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Part
B should pay the agreed rent of the contract, the water and electricity
fee and the other relevant fee, and should not delay the payment by any
reason or refuse the payment.
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16.
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Part
B should keep the inside of the lease room clean and in good condition,
including but not limited to floor, wall, floor board, ceiling and the
estate like window, door, line of power and gas. Keeping the facilities,
furniture and sanitary utensils clean and in good condition. Part B pays
the expense to when Part A remedy the damage of the lease room, the damage
of the public area caused by Part B or the guest of Part
B.
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17.
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Except
the sign and nameplate provided by Part A, Part B should not put any
advertise sign, light box, signboard, decoration, flag, poster or the
other articles inside or outside of the lease and the public area which is
visible from outside of the
building.
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18.
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During
the lease period, Part B should submit the duplicate of its Corporate
Business License (with seal of the company) which passed the annual audit
to Part A to keep in a file.
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Article 9
Renewal
1.
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Part
B should negotiate the new rent and the other terms with Part A within two
month before the contract becomes expire if Part B desire a renewal, and
sign the official Lease Agreement with Part A within one month before the
contract becomes expires. If the two parties do not sign official Lease
Agreement within one month before the contract becomes to expires, Part A
have the rights to take potential lessee to the lease room and show them
around provided not disturb the normal work of Part
B.
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Article
10 Liability for Breach of Agreement
1.
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The
parties should strictly comply with provisions hereof. In case of any
breach of the Lease Agreement the not-defaulting party has the right to
seek the liability for breaching the agreement according to what the two
parties agreed and require the defaulting party bear all the economic lose
and pay penalty. The economic loss includes but not limited to the direct
lose and the foreseeable indirect lose, court fee, attorney fee and other
expenses incurred.
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2.
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When
Part B violates Article 5 paragraph one of the Lease Agreement, Part A has
the right to requires Part B stop the instruction immediately and punish
Part B according to the Decoration
Agreement.
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3.
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Part
B should bear all the remedy cost and the loss of Part A, when Part B
violate Article 5 paragraph two and Article 8 paragraph five, and damage
the reflection glass curtain wall, inside instruction or the central
air-condition system due to the behavior and
misfeasance.
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4.
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Part
B should bear all the loss and compensation when Part violates any
paragraph of Article 5 paragraph three, paragraph four, paragraph seven,
paragraph eight and paragraph
sixteen.
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5.
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Part
B should bear all the maintenance cost when Part B violates Article 5
paragraph eight and is liable to the damage of the lease room or the
inside of the building entirely or partly caused by the breach which
includes the damage to the decoration, the fixed facilities and
equipment.
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6.
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Part
A will finish the work substitute Part B with all the cost charge to the
latter, when the latter violates Article 8 paragraph seven or paragraph
fourteen.
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7.
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Part
B is liable to all the loss and compensation in case of breach of Article
8 paragraph nine or paragraph thirteen or Appendix Two Fire Control Safety
Responsibility Pledge. Responsibility person of the fire accident is
liable to compensate the economic loss and the one cause serious
consequences should be investigated for criminal responsibility by the
justice department.
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8.
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Part
B is liable to the compensation for the loss which includes the damage of
the building, elevator and personal injury caused by the activity of Part
B in case of the breach of Article 8 paragraph twelve. If Part B moves out
large number of article without the consent of Part A, the latter have the
right to increase equal amount of security deposit according to Article 3
paragraph one. It applies to Article 10 paragraph one in case of the
breach of the agreement.
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9.
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Part
A have the right to require Part B pay penalty due to breach of contract
which is one percent of the total expense when the latter violate Article
8 paragraph fifteen and fail to pay the rent including electricity fee,
parking fee, cleaning fee and the like. The penalty calculation starts
from 1st
of each month. Part A have the right to intermit the supply of water,
electricity until Part B pay off all the payable expense when the latter
delay the payment up to ten days. Part A have the right to terminate the
Lease Agreement unilaterally assuming Part B breach the Lease Agreement
when the latter delay the rent more than one month or delay the
electricity fee more than three months. Part B should move out
unconditionally after receive the notice of Part A and pay the rent,
electricity fee, cleaning fee, parking fee and the like according to the
actually number of days till retrocede the lease room, at the same time
Part A have the right to claim for penalty which is two times of the rent.
In addition, Part B should bear all the expense when Part A obtains the
rent and penalty through litigant means of course (including but not
limited to legal fare, appraisal cost and retaining fee and the
like).
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10.
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If
Part B terminates the Lease Agreement before the prescribed time, Part B
should pay off the rent of the number of the days during the lease period
and the cost to restore the lease room and get the security deposit back
or waive the security deposit and the favorable polices which includes
rent-free period, favorable rent.
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11.
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Part
A have the right to dismantle the advertise, light box, signboard,
decoration, flag, poster or the other articles Part B installed or
exhibited against Article 8 paragraph seventeen with all the cost borne by
Part B.
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12.
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if
Part B breach the Lease Agreement and cost loss to Part A, the latter have
the right to require correct according to the breach and the consequence
or put forward the termination of the Lease Agreement. In case of
termination of Part A, Part B should move out of the lease room within one
month after receiving the notice of Part A and pay the rent till the date
retroceding the room. In case of deferred payment, Part A is entitled of
the double of rent as compensation besides the rent and will not return
the security deposit.
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13.
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It
breaches the Lease Agreement if Part A fails to hand the lease room to
Part B on schedule and is liable to one percent of the month rent penalty
per day beyond the time limit.
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14.
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If
Part A is liable to all the cost caused by the breach of Article 7
paragraph one of Part A and return full amount of the security deposit to
Part B.
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Article
11 Rescission and Termination of the Lease Agreement
1.
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Part
A is entitled to terminate the Lease Agreement unilaterally in case of the
illegal operation identified by relevant government
bodies.
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2.
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Part
A is entitled to terminate the contract and do not return the security
deposit in case of the breach of Article 8 paragraph two or three or
paragraph two of Security and Safety Responsibility Pledge with all the
loss and compensation borne by Part
B.
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3.
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The
contract terminates automatically when the building is entirely or partly
unavailable or the lease room is unavailable or not allowed to use because
of the Force Majeure, and two parties should not claim compensation to
each other.
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4.
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Part
A have the right to terminate the contract unilaterally when Part B
violate the Property Management Agreement or the relevant accidental
contract and appendix, fail to correct immediately after receiving the
notice of Part A and cause loss to Part A with serious circumstance and
consequence. Part A do not refund the security deposit in case of this
kind of termination of the
contract.
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5.
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Part
B should notify Part A 60 days in advance if Part B need terminate the
contract before the expiration of the contract. The contract can be
terminated with the consent of Part A, and the security is not refunded.
It is deemed to breach the contract if Part B consist terminate the
contract without the consent of Part A and Article 10 paragraph
ten is execute at the same time.
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6.
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Part
A should notify Part B three month in advance if Part A have to terminate
the contract to rebuild, overhaul renovate the building because of Force
Majeure. The Contract terminates automatically after three
month.
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7.
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Part
B should not claim any expense such as transfer fee, remove fee, business
compensation fee, decoration fee and the like when the contract expire or
terminated with the consent of the two parties or recriminated because of
default of Part B.
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8.
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Part
B should retrocede the lease room to Part A in due time. Part B should
obtain the consent of Part A to delay the restoration of the lease room
and be responsible for the liability for breach of contract. The penalty
is double rent of breach of contract period. If Part B delay the
restoration without the consent of Part A, the latter is entitled to
execute Article 10 paragraph ten which stipulate Part B has no access to
the rent-free period and favorable
rent.
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Article
12 Major Change
1.
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Part
B should notify Part A in writing immediately if there is any change of
the company name, address, seat of head office, legal representative and
major representative, or the other significant issue of Part B. the notice
sent by Part A according to the address and name before changed is valid
if Part A does not receive the written
notice.
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2.
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Part
B should notify Part A when Part B change the legal representative, the
assignee to sign the contract and the liaison person to Part A. Part A is
entitled to require Part B to provide relevant documentation when Part A
think the changes are detrimental for Part A to exercise the rights and
obligations stipulated in the contract. Part A has the right to terminate
the contract unilaterally in case of the failure of Part B in providing
the documentation.
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3.
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during
the lease period, Part A is entitled to change the name of the entire or
part of the building and is not responsible for the cost of Part B caused
by the change. Part A should notify Part B one month before the change of
the name become effective.
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Article
13 Dispute Resolution
The
contract applies to the laws of China, and any part can bring a suit before the
law court where the lease room is located in case of any dissension that cannot
solved through consultations when the two parts execute the
contract.
Article
14 Other Terms
1.
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Before
Part A signs the contract, Part B should present the relevant procedure
and the authorization letter that authorize the tenant representative to
sign the contract, and the documentations mentioned above are the
appendixes of the contract.
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2.
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According
to the contract, the two parties should sign for all the announcement and
documentation present to each other by people of the two parties. If the
announcement and document are not present to each other by people of the
two parties, it’s deemed to be presented when they are sent out by
MES.
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3.
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Part
A authorizes (signature)
to be the assignee in charge of the management of the building and the
lease room stipulated in the contract, especially the execution of the
contract including collect the rent and the other relevant
expenses.
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4.
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Part
B authorizes (signature)
to be the assignee in charge of sign the contract and sign for the
document such as regulations and announcements from Part A which come into
force upon signature.
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5.
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Letter
of Authorization from the legal representative should be presented if the
Lease Agreement is signed by the
assignees.
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6.
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The
appendixes of the contract are components of the contract which have the
same validity with this contract.
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7.
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The
contract takes effect when the parties sign and stamp on it hereunto. The
contract is made in quadruplicate, two for each
party.
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Part B should accomplish the
enterprise business license within one month from the date leasing the
room.
Appendix
One: Plan of the Lease Room and the Storey the Lease room Located
Appendix
Two: Fire Control Safety Responsibility Pledge
Appendix
Three: Security and Safety Responsibility Pledge
Appendix
Four: Property Management Agreement
Appendix
Five: Duplication of the enterprise business license counterpart
PART A:
BEIJING XXXXX ENTERPRISE GROUP CO.,LTD
LEAGAL
REPRESENTATICE OR ASSIGNEE (SIGNATURE AND XXXX)
PART B:
LAKELAND (BEIJING) SAFETY PRODUCTS LIMITED
LEAGAL
REPRESENTATICE OR ASSIGNEE (SIGNATURE AND XXXX)
APPENDIX
TWO:
Fire
Control Safety Responsibility Pledge
Part A: Beijing Xxxxx
Enterprise Group Co., Ltd
Part B: Lakeland (Beijing)
Safety Products Limited
The Fire
Control Safety Responsibility Pledge is signed in the purpose of executing the
policy of devoting major efforts into prevention and combining fire prevention
with fire fighting of Fire Control Law of the People’s Republic of China,
ensuring the safety of the building and protecting the rights of Part
B.
1.
|
Part
B should establish fire control safety management and assign the fire
control principal to ensure no fire accident occurs in the lease
place.
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2.
|
Part
B should strictly enforce the regulation and requirement of the electrical
appliances usage to eliminate hidden fire
danger.
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3.
|
Part
B should not hold dangerous articles such as those are virulent,
flammable, and explosive to prevent
accident.
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4.
|
Part
B should furnish the fire control equipment ( 2 fire extinguishers for
less than 200m2; 3
fire extinguishers for 200-500 m2; 6
fire extinguishers for 500-1000m2
and 10 fire extinguishers fore 1000 and up) and be acquainted with the use
and location of the equipment and the Fire Control Evacuation Road Map of
the Building.
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5.
|
The
independent rooms of Part B such as warehouse and facility house should be
equipped with fire control devices.
|
6.
|
Control
the kindling strictly. Smoking in the room, corridor, service area is
strictly forbidden. Stub should not be littered. Smoking should be in the
smoking section. Open-flame is forbidden. The use of electric cooker and
dangerous electric heater is strictly
prohibited.
|
7.
|
Part
B should presents decoration scheme to Part B if decoration is necessary
before moving in and construct after obtaining the consent of Part A. Part
B should pay attention to the safety of electric appliance, should not use
open-flame and comply with the management of the fire control safety
personnel of the building. Part B should be punished in case of breach of
the decoration agreement.
|
8.
|
Part
B should not install temporary electrical wire. if electrical wire is to
be installed, Part B should submit the application the property project
department and install the electrical wire with the approval, abide the
relevant fire control regulation and ensure turn off the power after
worker.
|
9.
|
Part
B should check the fire extinguisher frequently to ensure the validity.
It’s forbidden to stack sundries in front of fire control equipment and
fireplug. Reasonable precaution should be taking to ensure the fire
control equipment in good condition. Remove and damage to the fire control
equipment are prohibited.
|
10.
|
Responsibility
person of the fire accident caused by breach of the above regulation is
liable to compensate the economic loss and the one cause serious
consequences should be investigated for criminal responsibility by the
justice department.
|
Beijing
Xxxxx Enterprise Group Co., Ltd
Signature
of Representative and Company Seal __________
2 June,
2009
Manager
of Part B
Signature
and Seal of Company Seal __________
2 June,
2009
APPENDIX
THREE:
Security
and Safety Responsibility Pledge
Part A: Beijing Xxxxx
Enterprise Group Co., Ltd
Part B: Lakeland (Beijing)
Safety Products Limited
Security
and Safety Responsibility Pledge is signed in the purpose of executing Beijing
Enterprise Security Responsibility System, Law of the People’s Republic of China
on Control of the Entry and Exit of Aliens, further clarifying the inside safety
responsibility, maintain the normal office order and protect the right s Part
B.
1.
|
Tenant
should abide all the laws and regulations of China and register the
company and the staff of the company legally to the relevant
organizations.
|
2.
|
Part
B should no engaging in illegal activities such as gambling, prostitution,
Falun Gong, rabble, fight and affects the office order of the
building.
|
3.
|
Staying
in the building overnight is not allowed and those who breach the
regulation should be pursued the responsibility according to the relevant
security regulation.
|
4.
|
The
staff of Part B should go the business center of the building to handle
Door Access Control card by valid document (foreign personnel use passport
and Chinese personnel use ID card and employee form) and letter of
instruction from the company. The Security Access Control card is the
valid certificate to enter the
building.
|
5.
|
Establish
and improve all kinds of safety and security regulations and reinforce the
security and law-abiding education to the
staff.
|
6.
|
Part
B should take reasonable preventative measurements, abide the financial
management regulations, properly keep the property of the company and the
money of the staff to prevent theft
case.
|
7.
|
Part
B should abide the receipt system and conform to the property management
of Part A.
|
Beijing
Xxxxx Enterprise Group Co., Ltd
Signature
of Representative and Company Seal
2 June,
2009
Manager
of Part B
Signature
and Seal of Company Seal
2 June,
2009
APPENDIX
FOUR:
Property
Management Agreement
Part A: Beijing Xxxxx
Enterprise Group Co., Ltd
Part B: Lakeland (Beijing)
Safety Products Limited
Article 1
Use, Management and Maintenance of the Lease Room
1.
|
Part
B should observe the relevant laws, statutes and regulations and handle
the relation properly between the water supply, pollution discharge,
traffic, ventilation, lighting, maintenance, decoration,
environment sanitation and environment protection in light of helping
maintain the appearance and safety for use of the
property.
|
2.
|
following
acts are prohibited in property management
area:
|
2.1
|
Changing
the instruction, appearance and use of the room without authorization of
relevant government departments and consent of Part
A.
|
2.2
|
Encroaching
the public area such as public staircase, xxxxxxxx, corridor, basement,
platform and roof or removing public
equipment.
|
2.3
|
Setting
up building or stacking articles in the courtyard, platform, green land,
road and the other public area.
|
2.4
|
Encroaching
or damaging road, green land, flowers and trees, art landscape,
recreational and sports facilities.
|
2.5
|
Dumping
or littering garbage randomly.
|
2.6
|
Holding
flammable, explosive, virulent, radioactive dangerous articles in the
room, discharging deleterious substance and making noise beyond standard
level are strictly prohibited.
|
2.7
|
Constructing
windows or doors in the building without permit and hanging, posting,
scrawling and carving in the building
arbitrarily.
|
2.8
|
Using
the property for activities that jeopardizing public
interests.
|
2.9
|
The
other activities forbidden by laws, statutes and
regulations
|
3.
|
Part
B should presents decoration scheme to Part A in advance, decorate the
room with the consent of Part A and sign decoration agreement with Part
A.
|
4.
|
Part
B is strictly prohibited to bring pets into the
building.
|
Article 2
Instructions for Yeqing Building
1.
|
Conformation
of the Room
|
1.1
|
All
the building of Part B is case-in-place reinforced concrete frame concrete
wall structure. The seismic fortification intensity of the building is 8
and the anti-seismic rating is 2.
|
1.2
|
Load
capacity per unit area: 250kg/m2
|
1.3
|
Height
of the floors: 2.5-2.8m
|
2.
|
Instruction
of Equipment and Facilities
|
2.1
|
Elevator:
it’s Hitachi elevator for the first phase and Mitsubishi elevator for the
second phase.
|
2.2
|
Fire
control system: the public area of each floor is furnished with fire alarm
and emergency broadcast system. There are emergency lighting system in all
public area and fire control
passageway.
|
2.3
|
Security
service: the public area of each floor is furnished with fire alarm and
emergency broadcast system. There are emergency lighting system in all
public area and fire control
passageway.
|
2.4
|
Central
air-conditioning system: Shuangliang central air-conditioning
system
|
2.5
|
Building:
the building has various kinds of services such as catering, post office
and business center.
|
2.6
|
Parking
place: underground garage and parking place in the courtyard. One parking
place per 150m2.
|
2.7
|
Postal
system: there are stainless steel individual big capacity letterboxes for
each tenant. The post office staff distribute the newspapers and
periodicals to all the customers. There are two keys for the letterbox,
one for the customer and one for the post office
person.
|
3.
|
Power
Supply and Distribution System
|
3.1
|
Instruction
of Power Distribution and Lighting
System
|
3.1.1
|
Customer
Ammeter
|
That to
secure the physical and property safety of the customer, the socket branch
inside of the ammeter are equipped with electric leakage switch which will cut
off the branch power in case of electric leakage.
There are
special ammeters in the lease area of the customers. The property management
personnel read the ammeter every 20th and
send the electricity xxxx to the room of the customer every 25th.
3.1.2
|
Lighting
System
|
The
lighting system is composed of three BV wires of different colors which lead the
electricity to the lamps from the power distribution box by several loops, and
the three wires are control line, neutral line, earth line. It’s prohibited to
install electric wire without permit because the pressure of the lamps is non
safety pressure. Notify the property people in case of electric wire
requirement.
4.
|
Instruction
of the Intellectualized System
|
4.1
|
Visible
Interphone System
|
4.1.1 The
visitor of Part B can call Part B by the outdoor interphone. Part B can talk
with the visitor through the indoor interphone and see the picture of the
visitor.
4.1.2
Part B can press the relevant button to open the door when Part B allow the
visitor to enter.
4.1.3
Part B can notify Part A for help in case of indoor accident.
4.2
Door
Access Management Subsystem
4.3
|
The
entry of Building A, C, D and the elevator entry of each building from the
garage are all equipped with door bans. Put the Door Access Control card
close to the card reader to enter, otherwise the entry will be denied. The
visitor can input the room number to visit and get enter with the consent
of the one to be visited.
|
Article 3
Management System
1.
|
Decoration
Process and Requirement
|
1.1
|
Declaration
|
1.1.1
|
When
Part B need decorate the lease room, Part B should present a written
application to Part A which includes the
following:
|
1.1.1.1 The
design plan including the reconstruct of the original room. Part B should obtain
the consent of Part A in case of reconstruct of the wires. Part B should obtain
the inspect report of the electricity inspect department (state-certified and
appointed by Part B) after finishing the reconstruction before moving in the
room.
1.1.1.2
the duplication of the corporate business license (with company seal),
qualification certificate, letter of attorney (with company seal), professional
certificate for electricity, fire control and electric welding
operation.
1.1.1.3
Construction drawing, smoking detecting system location drawing (original
location and reconstructive location), list of the material used in the
construction (environment friendly) and construction period.
1.1.1.4
number of construction people, liaison person and contact method.
1.1.2
Part B should re-declare and get examination and approval newly in case of
change of the design and construct with the relevant consent. The project will
not be inspected and accepted if Part B does not declare the
change.
1.1.3
Part A audit the construction plan and decide whether grant the approval or not
within 3 days from the date of receiving the declaration.
1.1.4
with the approval of the construction plan, Part A organize a meeting before the
decoration to handle related procedures and sign Decoration Agreement, Safe
Decoration Guarantee with the customer.
1.2
Expense Standard
1.2.1
Construction Deposit: RMB30/M2,
charging according to the construction area of the room leased by Part
B
1.2.2 One
time construction management fee: charging according to the number of
construction days stipulated by the Decoration Construction Agreement, 12 hours
as a construction period, RMB120 within 8 hours (including 8 hours), RMB15
during 8-12 hours, what beyond 12 hours will be calculated in next construction
period, less than one hour will be calculated as one hour.
1.2.3
Second time construction management fee: the management fee is RMB120 per day,
less than one day will be calculated as one day.
1.2.4
Calculation of number of construction days: it calculates starts from record
time when the security persons open the door and stop to record the time when
the security persons lock the door. The two parties Settle accounts every day
and the construction people sign for confirmation.
1.3
|
Construction
|
1.3.1
|
Construction
time: during 18:00-7:00 of Monday to Friday, Saturday and Sunday can
construct with noise, and construct without noise during the other time.
Constructions with stimulating odour such as painting, gluing, pasting
wallpaper, laying carpet, paving floor are allowed to construct during
18:00-6:00 of Friday to Sunday.
|
1.3.2
|
Part
B should protect the equipment and facilities inside the room and equip
with fire extinguisher.
|
1.3.3
|
The
construction people should not stay in the construction site overnight,
and should not
|
1.3.4
|
The
decoration garbage and the construction material should be bought into the
site after 18:00 every day. The garbage should be packed by garbage bags
and dispose by the customer. Stacking and dumping randomly are not
allowed.
|
1.3.5
|
Decoration
company should assign one responsible person to supervise the
construction, manage the workers, contact with Part A in time and ensure
the management of the construction site comply with the regulation of Part
A.
|
1.3.6
|
The
construction should within the room and should not impropriate or block
public passage.
|
1.3.7
|
The
construction unit should ensure the neatness of the construction site
without any pollution during the construction
period.
|
1.3.8
|
The
following are considered as noise and should conduct during the assigned
time, otherwise, Part A have the right to expropriate the tools and stop
the construction:
|
(1)
|
drilling
wall
|
(2)
|
drilling
or cutting metal
|
(3)
|
construction
with power saw
|
(4)
|
the
other construction with noise
|
1.3.9
|
Part
B is not allowed to use carpet adhesive. Part B should declare for
approval to Part A and use the assigned product by Part A if Part B have
to use carpet adhesive.
|
1.3.10
|
The
other relevant matters refer to Decoration Construction Agreement and
Construction Decoration Fire Control Safe Agreement for
detail.
|
1.4
|
Inspection
and Approval
|
1.4.1
|
In
case of violation behavior of Part B during the decoration, Part A will
not inspect and approve before Part B correct
it.
|
1.4.2
|
The
decoration is inspected and approved by phrase. It should be applied for
inspecting and approving in advance in case of secluded
project.
|
1.4.3
|
Part
B should notify Part A for inspection and approval immediately after the
decoration of the room finished. Part B should correct the unqualified
decoration within allotted time.
|
1.4.4
|
Part
A handles the lease procedures for Part B according to the qualified sheet
of inspection and approval.
|
2.
|
Vehicle
Management System
|
2.1
|
Handling
long-distance identity induction parking card to park in the courtyard.
The deposit is RMB50 per card.
|
2.2
|
Each
company handles the ID card and parking permit uniformly and registers the
number and style of the car. Copy of vehicle license must be provided when
handle the parking permit.
|
2.3
|
Put
the new ID card and parking card behind the front windshield of the
vehicle and keep the “Activate the Window” forward to ensure the sensitive
effect of the induction.
|
2.4
|
The
vehicle should move lowly when enter or exit the park and move normally
after the barrier of the induction system raising
automatically
|
2.5
|
Driving
in and out of the park in order. The next car should move in (or out)
after the preceding car moving in (or out) and the barrier lowering
completely. More than one vehicle move in (or out) of the park is
prohibited. The vehicle will be declined to move in the park in case of
xxxxxxx through the barrier.
|
2.6
|
Vehicle
should enter the park once again after one entry and one
exit.
|
2.7
|
The
term of validity of the ID card is based on the payment period. It’s
required to go and pay the parking fee in time to the business center. The
ultimate activate time of the next month is with the ending date of the
payment period in the payment notification of each month. The vehicle will
be declined to enter when the payment is
overdue.
|
2.8
|
Please
go to the business center report the loss and handle the card again in
case of the loss of the ID card.
|
2.9
|
Company
certificate and ID card number of the vehicle are required when report the
loss of the ID card and handle the new
card.
|
2.10
|
Deposit
will not be refunded in case of loss and damage of the
card.
|
2.11
|
Each
company should have a copy of the ID card number of all the vehicle of the
company for the affairs such as payment and
activation.
|
2.12
|
The
ID card is allowed for subtenancy of the ID card is allowed, but limited
to the same models (between compact cars or full-sized cars). Sbutenancy
is not allowed between different models, and parding place will be
canceled in case of subtenancy between different
models.
|
2.13
|
System
do not allowed overground parking user drive into underground parking
garage, therefore, subtenancy is not allowed between overground ID card
and underground ID card.
|
2.14
|
When
the vehicles that transfer people or goods for Part B enter the courtyard
for short time, Part A distribute temporary charging IC card to the
vehicle, withdraw the IC card when the vehicle leave and charge the
vehicle according to the parking charging standard of Beijing
city.
|
2.15
|
Vehicle
of Part B should obey the direction of Part A people when enter or leave
the building, and blocking the door hostilely is strictly prohibited.
Vehicle inside of the park should move following the traffic sign
strictly, and going in a direction not allowed by traffic regulation is
strictly prohibited. Parking the vehicle according to the management
system of the park, taking care of the park equipment, paying attention to
the vehicle around. Part A have the right to disqualify those who breach
preceding regulation deliberately or hostilely from parking and even
terminate the contract.
|
2.16
|
Taking
flammable and explosive article to the park, refilling, repairing cars,
washing cars and littering inside of the park is strictly
prohibited.
|
2.17
|
Please
not hold valuables in the vehicles. Part B is responsible for the loss in
case of miss.
|
2.18
|
Part
A has no responsibility for the management of bicycle. If Part B should
put the bicycles in the bicycle parking place in west of Yeqing Building,
building C. put the bicycle in order and lock it after parking. Part B is
responsible for the losing in case of loss. The bicycle should be wheeled
in or out of the building and riding bicycle is not allowed inside the
courtyard.
|
3.
|
Management
System for Moving and conveying Article of
Customer
|
3.1
|
Part
B should notify Part A one week in advance before moving out and move out
after obtain the consent of Part A. Part A has to right to forbid the
moving of Part B in case of the non-conformance of Part B and Part B is
responsible for the loss arising therefrom. The moving time is after 18:00
from Monday to Friday, Saturday and Sunday the whole day. The customer of
building D can move article by cargo-lifts in other time excepting moving
out or moving a large amount of
articles.
|
3.2
|
Part
B is responsible for all the loss in case of problems such as crash and
damage during the course of moving.
|
3.3
|
Part
B should notify Part A by person assigned by Part B and move out the
articles with the out certificate.
|
4.
|
External
Cleaning Management System
|
4.1
|
The
property department decides one day of the first week of every month to
hold the cleaning people meeting which all the cleaning people are
supposed to attend. The customer assigns one person to attend the meeting
for those who are off duty at the day and convey the spirit of the meeting
to the cleaning people timely.
|
4.2
|
The
two parties should communicate in time and deal with it properly in case
of problem during of the routine.
|
4.3
|
Abide
the management of the building and study the management system of the
building.
|
4.4
|
Dress
neatly and ensure no unpleasant smell of the clothing. It’s suggested to
use perfume regularly.
|
4.5
|
Showering
and washing hair regularly, and ensure no unpleasant smell of the
body.
|
4.6
|
Workplace
is limited to the inside of the room of each customer. boiled water room
should be used as the place to wash cleaning appliance merely. It’s not
allowed to rest and stroll there.
|
4.7
|
Yield
to the customer when walking in public area and being civilized and
polite.
|
4.8
|
It’s
not allowed to take guest elevator, go to the other floor and enter the
room of the other customer
casualty.
|
4.9
|
Use
the cleaning appliance and article properly. Economized
water.
|
4.10
|
It’s
not allowed to use the cleaning appliance and easy-consumable articles of
the building.
|
4.11
|
It
should be cleaned timely in case of pollution to
cleanness.
|
4.12
|
The
everyday small garbage should be packed by bags and sealed properly and
put into the garbage can in the toilet for building X, X,X and put into
the garbage can in the water room. It’s not allowed to drop garbage when
dump it. It’s supposed to go through the east stair and put the garbage
into the external garbage room for building A, B, C and carry by
cargo-lifts or go through the west stair and put the garbage into the
external garbage room for building
D.
|
4.13
|
The
remains of meal should be sent to the garbage room immediately after being
packed by bag and sealed properly. It’s not allowed to dump into the
internal garbage can of the
building.
|
4.14
|
Washing
the cleaning appliance in the mob sink, economize water and avoid water
splash down to the floor.
|
4.15
|
It’s
not allowed to wash appliance such as cups, canteen in the face basin. Put
above mentioned appliance into the basin to wash them when it’s necessary.
Clean the stage after washing.
|
4.16
|
Washing
the mob in the mob sink. Washing mob in urinal is not
allowed.
|
4.17
|
Dumping
of tea-leaf: dump the tea-leaf into the tea box in the toilet for building
A, B, C and tea box in the boiled water room for building
D.
|
4.18
|
Breaching
any one of the terms mention above will be fine XXX 00. The building has
the right to forbid those who violate more than three times (including
three times) or repeat the same
mistake.
|
4.19
|
Those
who damage public facility and equipment or the other damage to the
building caused by improper use of the cleaning appliance should
compensate according to the actual
price.
|
5. Other
Management Regulations
5.1. All
those, who are permitted to go into the building, should wear neatly and
decently.
5.2 When
Party B retrocedes the rented house, things left can be seen as deserted. Party
A has all the rights to handle them and expense arising from handling those
things should be on Party B.
5.3 When
damages, floods, ripoff, etc. occur, Party B should inform Party A immediately
and assist Party A handle these accidents.
5.4 Part
B has no right to install more locks on the door or change the original lock,
except it gets Party A’s approval. Keys of every working area in the house
should have spare keys supervised by Party A. Damages caused by failing to give
spare keys to Party A should be on Party B’s responsibility and Party B have to
pay repair fees and make compensation.
5.5 The
post station is located in the building C hall of the Yeqing Building, dealing
in internal and international letters, Expresses, and parcels, etc. business.
Party B may subscribe to the post station for newspapers and magazines. If you
have already subscribed to other organizations, please give the post officers
your copies of the orders.
5.6
Repair Requirements: If Party B needs Repair service, please dial the phone
number of the engineering department: 6439 2966-8061 or 6439 0000-0000, or
contact the Floor Supervisor. Please try to tell in details of the trouble to
help the engineers make correct decision and solve the problems in
time.
5.7 Part
B should not speak aloud, quarrel, argue in the office area and in working time
to help maintain the business in order.
5.8. If
the salesman enters your company and disturbs your work, please notify Party A
in time:
Security
Department: 6439 2966-8069 the property server: 6439
2966-8052/8.53
5.9.
Please close the windows and doors after work to protect your property from
being destroyed by the weather changes. Party A has no responsibility for the
loss caused by your failure in closing the windows and doors.
5.10.
Party A has no duty to open or lock doors for Party B. Please make sure that
Party B takes keys and FR cards to enter and come out the building.
5.11.
Party B should inform Party A to wash the in-house carpets and pay for the
cleaning at the business center.
5.12.
Party A can provide paid service:
In-house
cleaning: RMB3/m² construction area each month and please refer to the cleaning
agreement for more details:
Cleaning
chemical fibre carpets: RMB4/m² (construction area)
House
renewing: RMB80/ m² construction area for decorated or rebuilt
houses
RMB70/
m² construction area for not decorated or rebuilt houses
5.13. To
install metal security doors to inside door or change the outer windows and
doors are not permitted.
5.14.
Every floor of the building has wastebins. Party B should put the work or life
wastes into bags sealed properly to throw them into the wastebins. Please inform
Party A for big wastes to avoid polluting the air of each floor.
5.15.
Party B should assist Party A during epidemic situations and execute according
to the Sanitation and anti-epidemic regulations.
5.16.
Party B should install roll curtains, which are light green, on its own fees to
make sure the unified appearance of the building.
6.
All-in-one Card Instruction
6.1
|
This
is a kind of “RF card” having an integrated function of allowing people go
in and out the building, having dinner and
consuming.
|
6.2
|
This
is a kind of pre-paid Card, which can not be overdrawed and should be
pre-paid timely when its remaining money is not enough. When pre-paid for
the first time, Party B should buy them by unit. Thereafter pre-paid
should be made by the company or it’s owner, bringing the card and cash,
going to the Business Center to pre-pay for it. After paid, please check
the amount to the clerk’s face. Any mistake afterwards should be on the
owner’s own responsibility.
|
6.3
|
To
assure the accuracy of reporting the loss or eliminating the card, the
provided name when opening the account should be the same with the owner’s
ID card, or any reporting of it’s loss will not be
accepted.
|
6.4
|
Please
remember your card number. If lose the card, please report the loss or buy
a new card from the Business Center. Any losing before reporting loss
should be on the owner’s responsibility and please buy the new card after
14:30 pm. of the same day.
|
6.5
|
This
card can be used in “Coffee House” and the “Qingqing Xiaomei Noshery” of
the building.
|
6.6
|
This
card has the function of “door access”. Please take this card along with
you. Any inconvenience caused by failing to take the card should be on the
owner’s responsibility.
|
6.7
|
Please
do not bend the card or make it contact the high
temperature.
|
6.8
|
This
card can only be used by the owner and should not transfer to the others,
otherwise, the consequence should be on the owner’s
responsibility.
|
6.9
|
The
cost of this card is high, and the deposit of each card is 50 RMB. The
deposit will not be refunded in case of loss or damage of the
card.
|
6.10
|
Buying
the RF Card or pre-paid it with Check, the check can be retroceded when
withdraw the card. Buying the RF Card or pre-paid it with cash, the owner
will get the cash back when withdraw the
card.
|
Beijing
Xxxxx Enterprise Group Co., Ltd
Signature
of Representative and Company Seal _________
2 June,
2009
Manager
of Part B
Signature
and Seal of Company Seal _________
2 June,
2009