Longcheng Industrial Area Common Property Tenancy Contract Contract No: WJ-002 Lessor (Party A): Shenzhen Land & Sun Industrial & Trade Co., Ltd. Lessee(Party B): Shenzhen Long Cheng Nissin Precision Metal Plastic Factory
Longcheng
Industrial Area Common Property Tenancy Contract
Contract
No: WJ-002
Lessor
(Party A): Shenzhen Land & Sun
Industrial & Trade Co., Ltd.
Lessee(Party
B): Shenzhen Long Cheng Nissin
Precision Metal Plastic Factory
China Bao An Long Cheng Hi-Lite Electronic Factory
Place: Shenzhen
City, Longhua Zhen
Date: 4th
July, 2008
In
accordance with The Contract Law of the People’s Republic of China and the
relevant regulations, for the purpose of clarifying the rights and duties of the
lessor and lessee, after negotiation, both parties have come to an agreement and
this contract is made.
Article
One: Name and Area (by construction floor
area) of the Leased Property:
Party A
provides 35,767.45 square meters factory and 7,282.6 square meters dormitory,
the total construction area is 43,050.05 square meters and land 1,441.72 square
meters (refer attached sheet)
Article
Two: Payment of Rent and Other
Expenses
Party B
shall pay the rent and management fee in the amount of Rmb601,147.00 to party A
every month. The rent shall be settled every month. Party
B shall pay the rent of the month before the 10th day of
the month by cash or by transferring accounts to Party A or by remittance to
Party’s A account. Rental fee will be increased by 3% per
year.
Article
Three: Deposit
Party B
shall pay two month’s deposit of rent and management fee in the amount of
Rmb1,202,294 to party A. After deducting any unpaid rent and
renovation fee from the deposit, Party A shall return the balance to party
B.
Article
Four: Term of Tenancy
The term
of this lease is 3 years, starting March 1st, 2009
to February 28th, 2012
with effect on March 1st,
2009.
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Article
Five: Maintenance of the leased property
during the terms of the lease
During
the terms of this contract, with the approval of Party A to alter the structure
of the leased property, Party B shall be responsible the cost of the
alternation. It is the responsibility of Party A to maintain the
leased property in good condition. Party B is responsible for the
maintenance cost of the leased property due to natural damage.
The terms
of maintaining the leased property:
1.
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The
main structure of the leased property should be kept in good conditions.
For any change of the structure of the leased property, Party B should get
the approval from Party A.
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2.
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The
leased property and all accessory facilities cannot be changed and
damaged.
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3.
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The
doors and glass should be maintained in good conditions. The windows
should not be painted by any colour
paint.
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4.
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To
ensure the supply of water and electricity is sufficient for the leased
property. The drainage system and the fire exit should not be
blocked.
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Article
Six: Duties for both Party A and
Party B:
Party A’s
duties:
1.
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To
deliver the factory, dormitory, apartments, and canteen to Party B as
scheduled and be responsible for the water supply, road access, and
electricity supply .
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2.
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To
assist Party B in handling the formalities of obtaining business license,
tax registration (all necessary expense to be borne by Party
B)
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3.
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During
the term of this contract, Party A shall use its best endevaours to assist
Party B in resolving some difficulties in the actual
operations.
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4.
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To
guarantee the safety from fire, the good hygienic condition of the
environment and deal with the complaints
promptly.
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Party B’s
Duties:
1.
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To
pay the rent and other related expense as
scheduled.
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2.
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To
be responsible for the water, electricity and other charges for the leased
factory, apartments, canteen and dormitory (including public facilities
such as kitchen, etc.) Party B
shall also be liable to the maintenance of the leased factory, dormitory,
apartments, canteen, kitchen and other facilities during the period of
tenancy (Party A can provide services for
consideration)
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3.
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Party
B shall, during the term of this lease, comply with the relevant laws,
orders of China and the relevant regulations and shall obey the unified
management rules and regulations of the industrial area. Shall
not conduct any activities in violation of the laws, damaging the public
interests or changing the contents stipulated in this
contract.
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4.
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Not
to sub-lease the leased factory, apartments, dormitory or canteen to a
third party operator.
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5.
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Factory
owners shall designate a person to be responsible for fire prevention and
shall establish a fire prevention team of 5-7 persons, install fire
fighting equipment in the factory as required by the
regulations. Fire exits of the factory and dormitory shall not
be blocked and offenders of this rule will be dealt with as offenders of
the fire prevention regulations. The fixed fire fighting
equipment, water tank, factory owners shall not install iron door in the
leased factory or dormitory, use the water in the fire-fighting water tank
and the fire hydrant improperly such as to clean the floor. Offenders
shall be fined and shall be dealt with according to the fire prevention
regulations.
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6.
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Party
B shall not, during the term of this lease affect the normal business of
other factory owners and people when using the public facilities and
common areas; and shall educate the staff to protect the public property
and pay compensation according to price if
damaged.
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7.
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If
Party B alters the leased factory, dormitory, canteen, kitchen and other
building structure and facilities without the prior consent of Party A,
Party B shall pay Party A a compensation equivalent to 100% of the value
of the altered facilities.
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If Party
B is seriously in breach of sub-articles 1,3,4,7, of Article Six (Party B’s
duties), Party A is entitled to dissolve this tenancy relationship, terminate
this tenancy contract, and repossess the property. Party B’s security deposit
shall be forfeited by Party A for no consideration. Party B shall
bear all the consequences arising there from.
If Party
A is seriously in breach of its duties under Article Six (Part A’s duties) and
does not deal with it promptly, Party B is entitled to investigate and affix
responsibility.
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Article
Seven: Liabilities of Breach of Contract
Liabilities
of Party A for breach of this tenancy contract:
1.
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Fail
to deliver possession of the leased property to the lessee as scheduled in
contract.
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2.
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Fail
to provide the relevant equipment to lessee as scheduled in
contract.
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Liabilities
of Party B for breach of this tenancy contract:
1.
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To
be responsible for the necessary repair or compensation for damage to the
leased property due to the improper use or maintenance by the
lessee.
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2.
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To
be responsible for the compensation of all losses arising from the
unauthorized alterations of the leased property and
equipment.
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3.
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Fail
to return the leased property according to schedule after terminating the
contract. Apart from the rent payable, the lessee shall pay the
contractual penalty. Penalty for every day of delay is 0.1‰ of
the monthly rent with a maximum delay of 30
days.
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4.
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Fail
to pay the rent and expenses as scheduled. Unless paid on or
before the due date, penalty shall be calculated according to the total
outstanding amount owed by the lessee, with 0.1‰ of the total overdue
amount per day as the overdue
penalty.
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Calculating
method:
Total
amount of the overdue
penalty
= total amount of rent and
expense per month x
No.
of days overdue x 0.1‰
Party A
has the right to take the following actions if the Party B has breached the
contract according to the situation:
1.
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Impose
a fine of two month’s rent and expense as the penalty for breach of
contract;
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2.
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Order
the lessee to move out and surrender the
factory;
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3.
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If
Party B fails to pay the rent and expense for 2 months, Party A is
entitled to take legal action against Party B and claims back the entire
unpaid fees.
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Article
Eight: Exemption Provision
1.
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Party
B shall not be liable for any repairs or compensations to Party A if the
damages or losses of the leased property are caused by the force
majeure. However, Party B shall report and explain the
situation to Party A and give the legal documents from the relevant
departments to Party A if
necessary.
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2.
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If
local Government or the City Development Company requires to tearing down
the simplification one-floor building, Party A shall give three months
notice in advance to Party B. Both parties agreed to terminate
the rental agreement for the part of simplification one-floor building
without any responsibility to bear due to the beach of contract and no
claims to each party can be made for the loss. If the City
Development Company requires to tearing down the simplification one-floor
building, Party A shall provide supplementary non-standardized building
with the high lower than 7 meters and the area same as the existing
building to Party B three months in
advance.
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Article
Nine: Dispute Resolution
If a
dispute arises during the performance of this contract, both parties shall
resolve the dispute through consultation. If the dispute cannot be
resolved through consultation, the dispute shall be submitted to the authority
in charge of this contract for arbitration or to a People’s Court with competent
jurisdiction for adjudication.
Article
Ten: Other matters
1.
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During
the term of this contract, if any party proposes to terminate this
contract before its expiration, that party shall give a written report to
the other party 6 months in advance. If both parties agree
to the termination after negotiation, this contract may be
terminated. The party proposing to terminate this contact shall
pay the other party 3 months’ rent as penalty for breach of
contract.
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2.
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If
Party B does not extend this contract after its expiration, Party B shall
repair and restore the leased property according to the relevant standards
and pay all the fees. Then Party B shall return all the
security deposits to Party B once and for all. If the repair is done by
Party A, the costs of repair shall be deducted from the
deposits.
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3.
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If
the lessee wishes to extend the tenancy, the lessee shall submit a written
application to the lessor within 6 months before the expiration of this
lease. The lessee shall have the preferential right to lease
the property under equal conditions, but a new contract needs to be
executed by both parties.
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4.
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If
there is any reconstruction of building or new building provided during
the contractual period which change the agreement like the rental fee,
rental period and guarantee of the existing contract, both parties shall
comprise new agreement together.
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5.
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Any
matters not clearly stated in this contract will follow the relevant
regulations in the Economic Contract Law of the People’s Republic of
China. Supplementary regulations may be made by agreement
between both parties through consultation and such supplementary
regulations shall have the equal legal effect as this
contract.
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6.
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The
terms of this contract is originally written in Chinese characters. This
contract is in a form of four copies. Party A and B have two
copies respectively having the same legal effect. It comes into
effect after it has been signed and stamped by the representative from
both parties.
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Lessor(stamp)
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(Chop
of Shenzhen Land & Sun Industrial & Trade Co.,
Ltd.)
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Unit
address:
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Legal
Representative:
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(Signature)
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Agent:
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Telephone
no:
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Bank
account:
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Number
of bank account:
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Lessee
(stamp):
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(Chop
of China Bao An Long Cheng Hi-Lite Electronic Factory)
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(Chop
of Shenzhen Long Cheng Nissin Precision
Metal Plastic
Factory)
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Unit
Address:
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Legal
Representative:
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(Signature)
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Agent:
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Telephone
no:
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Bank
account:
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Number
of bank account:
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