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EXHIBIT 10.4
OFFICE LEASE CONTRACT
Lessor: Teibet Xxx Xxxxx Co. Ltd.
Address: 00 Xxxxxxx Xxxxx Xxxx, Xxxx, Xxxxxx, the People's Republic of China
Lessee: Supply Chain Services Limited
Address: 0/X, Xxxxxxxxx Textile Centre, 00 Xxxxxx Xxxxxx,
Xxxxxxxxxxx, Xxxxxxx, Xxxx Xxxx
In accordance with the provisions of the "Regulations of the Shenzhen
Special Economics Zone on the Leasing of Buildings" and the relevant
implementation rules, Lessor and Lessee, through negotiations, concluded this
Contract, and have agreed as follows:
1. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor the
spare in the business premises situate at 1501 & 1508, East Tower, Yi Hai Plaza,
Cheng Ye Road, Nanshan District, Shenzhen Municipality, the People's Republic of
China ("PRC') (the "Office Space"). The gross floor area of the Office Space
amounts to 220 square meters.
2. The Office Space shall be leased to Lessee for a term of one (1) year
commencing February 1, 2001 and expiring on January 31, 2002, both days
inclusive (the "Term").
3. Lessee warrants that the uses of the Office Space will be in conformity
with all applicable laws, rules and government regulations.
4. The monthly rent for the Office Space shall be RMB5,333.33. Lessee shall
pay to Lessor the rent prior to the fifth (5th) day of each month.
5. During the Term, Lessee shall be liable for two-third (2/3) of the
payment of the utility fees (such as water fees and electricity fees),
sanitation fees, building management fees. Lessee shall be liable for the fall
payment of the telephone fees.
6. The fees dud should be paid by Lessee for its use of the Office Spare
shall be paid by Lessor in advance on Lessee's behalf and Lessee shall reimburse
the amount paid for the previous month by Lessor prior to the fifth (5th) day of
each month.
In settling the accounts for the payment of the fees, Lessor shall give
Lessee relevant receipts.
7. Lessee shall use the Office Space as it is normally used, shall take
good care of it and protect it against unreasonable damage. Upon the termination
of this Contract Lessee shall return the Office Space within forty-eight (48)
hours, and shall see to it that the Office Space is in reasonably good condition
apart from the fair wear and tear, while at the same time making final
settlement of the fees for which Lessee is liable.
8. Lessee shall be liable for damage or loss caused by the improper or
unreasonable use of the Office Spam by Lessee.
9. During the Term, Lessee may make renovations to the Office Space if it
is agreed by Lessor.
10. Without the written approval of Lessor, Lessee shall not sublet the
Office Space or any part thereof to any third party.
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11. If any of the events set forth below occurs during the Term, this
Contract shall terminate automatically with effect from the occurrence of any of
such events:
a. the performance of this Contract becomes impossible as a result of
force majeure or an expected event;
b. the Office Space has to be demolished because the land on which it
stands is to be appropriated by the government.
12. Lessor shall be entitled to terminate this Contract upon the occurrence
of any of the events set forth below:
a. Lessee fails to pay rent for more than three (3) months;
b. Lessee defaults in payment of fees exceeding more than three (3)
months.
13. This Contract may be terminated by either party upon giving sixty (60)
days written notice to the other party. Without prejudice to such termination,
each party agrees to fulfill all obligations which accrued there under, prior to
the time such termination becomes effective.
14. Each party shall indemnify and hold the other party harmless against
actual loss as a result of its failure to perform its obligations under this
Contract.
15. Additions to or deletions of the term of this Contract shall be set
forth in the Appendices attached to this Contract. Such Appendices shall form an
integral part of this Contract and shall be have the same legal validity as this
Contract.
The parties hereto may make supplementary agreements after consultation in
respect of matters not covered by this Contract. Such supplementary agreements
shall be have the same legal validity as this Contract.
16. All notices required by this Contract shall be in writing and sent by
registered mail, postage prepaid and addressed to:
Lessor: Teibet Xxx Xxxxx Co. Ltd.
Shenzhen Branch Office 1501,
Yi Hai Plaza, Cheng Ye Road,
Nanshan District,
Shenzhen Municipality,
People's Republic of China.
Facsimile: 00-000-0000000
Lessee: Supply Chain Service Limited
8/F, Guangdong Textile Centre,
22 Minden Avenue,
Tsimshatsui,
Kowloon,
Hong Kong.
Facsimile: 000-0000-0000
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17. In the event of a dispute between Lessor and Lessee or either party
failing to comply with any provision of this Contract the parties shall resolve
any such disputes or non-compliance through friendly consultation immediately
after one party has delivered to the other party a request for such
consultation. In the event the parties are unable to resolve the dispute within
thirty (30) days of initiation of the friendly consultation, the parties shall
bring a lawsuit to a People's Court.
18. The Chinese text (if any) of this Contract shall be the primary text of
this Contract, the English text is a duplicate. In the event of a conflict
between the Chinese text and the English text of this Contract, the Chinese text
of this Contract shall, as between the parties hereto, prevail over the English
text in the interpretation of this Contract.
19. This Contract shall be executed in two (2) counterparts. Lessor and
Lessee shall each hold one (1) copy.
20. This Contract shall become effective from the date of its signing.
Lessor: Teibet Xxx Xxxxx Co. Ltd. )
Legal Representative: Xx.Xxxxx, Guo Ye )
Contact Telephone Number: 8&000-0000000 ) /s/ Xxxxx Xxx Ye
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Lessee: Supply Chain Services Limited )
Legal Representative: Xxxxxx X.X. Xxx )
Contact Telephone Number 000-00000000 ) /s/ Xxxxxx X.X. Xxx
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Witnesses: /s/ Xxxxxxx Xxx
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Date: January 15, 2001
