Lease Contract
Exhibit 10.4
Party
A: China
Great Wall Computer Shenzhen Co., Ltd.
Party
B: SinoHub
SCM Shenzhen, Ltd.
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I.
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Leasing
property and supporting
facilities
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1.
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Leasing
property: 0/X, Xx. 0 Xxxxxxx Xxxx, Xxxxxxx Area, Technology Park, Nanshan
District, Shenzhen, China. Total property is 2564.2M2.
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2.
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Party
A agrees to provide electricity, central air-conditioning, fire fighting
system, and illuminating system to Party
B.
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3.
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Party
A agrees to change the goods elevator into goods& passenger elevator,
Party B shall pay for the
expenses.
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4.
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Party A agrees to offer two free
months to Party B for decoration, which starts on Aug 10, 2008 and
ends on Oct 10, 2008. Party B shall pay for water & electricity fees
during this period.
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5.
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Party
A authorizes Party B to install billboard in compliance with laws and
regulations.
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6.
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Party
B shall not take activities that may negatively affect the interests of a
third party. In case those activities happen, Party B shall be reliable
for all the liabilities.
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7.
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Party
A agrees to provide seven free parking spaces to Party
B.
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II.
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The
use of leasing property
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Party
B shall use the leasing property for office and warehouse use.
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III.
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Rent,
water & electricity fees, management
fees
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Rent:
RMB33.8/m2/month,
monthly rent shall be RMB86669.96, Party B
shall start paying rent on Oct 11, 2008. The
rent includes the following items:
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1.
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Management
fees, public facilities maintenance
fees.
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2.
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Maintenance
fees for air-conditioning.
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3.
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Maintenance
fees for fire extinguisher
system.
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4.
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Maintenance
fees for elevator.
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5.
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Rent
taxes.
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6.
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Party
B shall pay all expenses according to the collecting notice from the
government.
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7.
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Party
A shall provide invoices for all expenses to Party
B.
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8.
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Party
A and Party B shall sign a different contract on the use, maintenance and
fees of elevator. In case there are disagreements, the contract on
elevator shall rule.
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1
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IV.
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Management
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1.
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Party
A shall pay for management fees to the management company for public
areas, and Party A shall be responsible for sanitation around the
building. Party B shall be responsible for inside securities and
sanitation.
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2.
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Party
B shall be responsible for the facilities maintenance within the leasing
area.
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V.
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Leasing
period
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1.
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This
contract shall last for five years. The rent for the fourth and fifth year
shall increase to RMB37/M2.
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2.
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In
case Party A will transfer part or whole of the property to a third party
during the leasing period, Party A shall guarantee that the third party
shall take all the obligations under the contract and protect the rights
of Party B.
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3.
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Party
A shall inform Party B of the transfer with 3-month written
notice.
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4.
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Under
the same condition, Party B shall enjoy priority in obtaining the
property. Party B shall confirm obtaining within 7 days after receiving
the notice, otherwise Party B shall lose the
priority.
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VI.
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Payment
terms
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1.
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Party
B shall pay two-month deposit RMB173339.92 to
Party A 5
days after the effective date. Note that Party B has paid one-month
deposit RMB86670 when
signing the letter of intent.
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2.
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Rent
details are as follows:
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Payment
Date
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Leasing
Area M2
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Rent
Per M2
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Monthly
Rent
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2008/8/10-2008/10/10
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2564.2
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0
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0
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2008/10/11-2008/10/30
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2564.2
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33.8
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57779.97
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2008/11/1-2011/8/30
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2564.2
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33.8
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86669.96
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2011/9/1-2013/8/30
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2564.2
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37
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94875.4
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3.
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Party
A shall send out the collecting notice before 5th
every month, Party B shall pay as per the collecting notice within
10 working days.
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VII.
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Decoration
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1.
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Party
A shall not designate any contractor to Party B regarding water,
electricity, air-conditioning, fire protection, and network. In case the
contractor is not qualified according to the laws and regulations, Party A
has the right to change the
contractor.
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2.
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Party
B shall pay for deposit before decoration; Party A shall authorize
decoration after receiving the
deposit.
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3.
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Party
A shall authorize Party B to install monitoring system, entrance system,
and security system. Party B shall have qualified company to install the
fire fighting device and pay for all
expenses.
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4.
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Party
B shall notice Party A 2 days before moving into the building. And Party B
shall be responsible for the protection of supporting
facilities.
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5.
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Party
B shall be liable for any damage to a third party caused by wrongly
decoration.
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2
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VIII.
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Engineering
Management
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1.
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During
the leasing period, Party A has the right to supervise the engineering
activities of Party B. Any decoration or add in power equipment shall be
approved by Party A in advance.
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2.
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Party
A shall have qualified company for the maintenance of elevator and fire
fighting devices, and Party B shall pay for all
expenses.
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3.
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Party
A shall be responsible for the maintenance of the building, power
distribution system, air-conditioning, fire fighting device, water system,
and other supporting
facilities.
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IX.
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Deposit
Reimbursement
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1.
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This
contract shall terminate after the expiry date. Party B shall return the
leasing property to Party A within 10 days. After acceptation, Party A
shall reimburse deposit to Party B within 5
days.
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2.
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Party
B shall not uninstall any of the supporting facilities except ones install
by Party B. Party A shall not be liable for any decoration
compensation.
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X. Acceptation
Conditions
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Items
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Condition
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Remark
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Floor
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Well
(antistatic)
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Wall
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Well
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Load
bearing
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5.0KN/M2
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Electricity
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contact
capacity
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Power
350A, illumination 50A, air-conditioning 400A
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Illumination
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Well
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Watering
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Well
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Ground
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Well
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Air-conditioning
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refrigerating
output
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170KW/one
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Elevator
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2
TONS
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Fre-extinguishing
system
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Well
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XI.
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Liabilities
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1.
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Party
B shall pay for 0.3% late fee per day for overdue rent. When the rent is
overdue for 2 months, Party A has the right to cut off water or
electricity or other supports, Party B shall be reliable for all
results.
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2.
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If
Party A does not provide collecting notice to Party B on time, the delay
in payment shall not be deem as breach of the
contract.
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3.
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When
the contract terminates, Party B shall return the property to Party A
without changing any of the structures of
facilities.
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XII.
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Miscellaneous
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1.
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Party
B shall be responsible to xxxx on the free parking areas. Party A shall be
responsible for any change of cancellation required by the
government.
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2.
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Party
B is authorized to use power and water facilities freely during the
leasing period.
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3
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3.
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In
case either party wants to terminate this contract in advance, written
notice shall be sent to the other party three-month earlier, and there
will be no liabilities.
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4.
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Party
A and Party B shall sign a Safety Responsibility Agreement. Both parties
shall be in compliance with the Safety Responsibility Agreement during the
leasing period.
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5.
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Party
B shall register the property rent to the government, and provide Party A
with all the register materials. Party A shall finish rent process within
3 days after receiving the
materials.
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XIII.
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Execution
of Contract
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This
contract shall be execute in quadruplicate. Each party holds two copies, and
this contrast shall enter into force right after both parties sign and chop on
the contract.
Signature
Page
| China Great Wall Computer Shenzhen Co., Ltd. | ||
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By:
|
/s/ | |
| SinoHub SCM Shenzhen, Ltd. | ||
|
By:
|
/s/ | |
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