Leasing Contract
Exhibit 10.14
| Lessor: | (referred to as Party A) |
| Lessee: Liuzhou Baicaotang Pharmaceutical Chains Co., Ltd. | (referred to as Party B) |
In the
purpose of stimulating economy and taking advantage of Lessor’s own business
site, according to the Contracting Laws of the
P.R.China and the relevant stipulations, Party A and Party B reach an
agreement with each other and execute this Contract as following, so as to
clarify the rights and obligation between them.
Clause 1
Address
and size of the
premises:____________,
square meters.
Clause 2
Leasing
term:
The
leasing term shall be
years from
(month)
(day)
(year) to
(month) (day)
(year).
Clause 3
Rent
standards, payment method and time:
|
1.
|
Standard
of rent: monthly rent is
Yuan.
|
|
2.
|
Payment
methods: In cash or bank transfer.
|
|
3.
|
Payment
time: In monthly, seasonally, or pay the whole rent of a year
once.
|
Clause 4
Deposit:
Party B must pay Party A 1400 Yuan prior to signing this Contract.
Clause 5
The booth
mentioned in this Contract shall be delivered to use on Date:
(month) (day)
(year). Party B shall come into booth
within 7 days after the delivery date. It would be deemed as termination of
Contract if Party B fail to come into the booth in time, and Party A is entitled
to take the booth back and return no deposit back to Party B.
Clause 6
From the
date of signing the Contract, Party B shall not, without Party A’s permission in
written form, sublease, under lease,
transfer or pledge such booth.
Clause 7
Party B
shall, within leasing term, use the equipment, decorations and other articles
inside the booth properly with care. Party B shall not change the purpose of the
booth at discretion, and ensure the booth and the equipment inside is under good
condition. Party B shall be responsible to restore the booth back to original
condition or compensate relevant loss if there would be any damages to the booth
and the equipment inside.
1
Clause 8
Party B
shall submit a written decoration plan of the booth to Party A for approval.
Party B may, under permission from Party A, decorate the booth at its own
without any damage to the structure of the booth.
Clause 9
Party B
shall, within the leasing term, pay all relevant taxes, sanitary fees, market
management fees, water & electricity fees, environmental protection fees and
so on.
Clause
10
Party B
must pay monthly rent and water & electricity fees in time without any
delay, otherwise, overdue fine of 0.2% of total delayed payment would be paid
each day.
Clause
11
Responsibility
of booth repairing
|
1.
|
Party
A is responsible for repairing the booth, public water and electricity
facilities, accordingly, Party B shall give necessary cooperation to such
repairing.
|
|
2.
|
Party
B shall, within the leasing term, repair all damages of scrolling door,
door, window, ceiling, water & electricity facility inside the booth
and so on timely, and all repairing responsibility and fees shall be borne
by Party B.
|
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3.
|
Party
A shall be responsible for the repairing of booth collapse resulted from
natural damage or force majeure, however, Party B shall be responsible for
all economical loss resulted from collapses due to Party B’s
irresponsibility or man-made
damages.
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4.
|
Party
B shall bear the decoration fees should such decoration is approved by
Party A. Party A would has no obligation to compensate Party B for Party
B’s decoration when the Contract is
terminated.
|
|
5.
|
Party
B shall not, under the termination of the Contract, dismantle all original
decoration facilities (including water & electricity facilities).
Party A would takeover all facilities free of charge, and the termination
of contract could come into effect only under the approval of checking
acceptance by Party A. Party B must compensate all losses should there be
any damages to booth structure and facilities, and Party A is entitled to
detain the deposit.
|
Clause
12
Party A
shall has no any obligation should there is any urban construction that would
influence Party B’s business. Leasing term would not remain valid if Party A
need to terminate this Contract to take back the booth in advance due to public
construction, or its own demand, or Party B fail to run its business. Both
parties shall, within 30 days in advance, inform each other in written such
termination of contract, and the counter party shall agree the termination
proposal unconditionally (should there be any party who reject to accept such
termination notice, the date of Declaration announced by the other party in South China Daily shall be
deemed as the notifying day). Party A shall not bear any compensation, and rent
shall be calculated based on actual situation. Party A shall return back the
deposit to Party B without interest should Party B would have paid all rent,
water & electricity fees, and abided by the stipulations of this Contract.
The deposit shall not offset any rent, water & electricity fees, and other
fees owed by Party B.
2
Clause
13
Right and
obligation of Party B
|
1.
|
Party
B is allowed to run any business without Party A’s
interference.
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2.
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Party
B is entitled to use the booth which Party A leased to run the businesses
authorized within the scope of Business
License.
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3.
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Party
B shall, based on the actual water & electricity readings occurred and
in accordance with public water & electricity standards, pay Party A
the water & electricity fees occurred last month at the same time of
paying rent.
|
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4.
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Party
B shall, 30 days in advance of expiry date, inform Party A in written form
should Party B plan to continue leasing such booth. Under the same
conditions, Party B is entitled to enjoy a privilege to continue
leasing.
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5.
|
Party
B shall abide by the relevant laws and regulations, as well as the
regulations of property management, and must run its business within the
scope of the area it leased, and Party B must not block the public road or
put tables & chairs at the public accesses, or install or re-install
pipeline or wires.
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6.
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Party
B shall purchase the necessary fire-fighting equipment at its own, keep in
mind the fire-fighting and safety. Electricity overload or opening fire is
prohibited inside the booth, all losses resulted from so violation or
ignorance shall be borne by Party B, and Party A has absolutely no
responsibility.
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7.
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Party
B shall keep the commodities inside the house and cover all insurance of
such commodities. Party B shall be responsible for all losses should it
would hadn’t cover necessary insurance. Party A shall hold no
responsibility for any economical losses resulted from steal, fire, rain
and so on.
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Clause
14
Right and
obligation of Party A
|
1.
|
Party
A is entitled to require Party B to pay rent and water & electricity
fees in time.
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2.
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Party
A is entitled to monitor whether Party B violates the
Contract.
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3.
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Party
A shall respect Party B’s right in business, and shall not interfere
normal business activities of Party
B.
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4.
|
Party
A shall, upon the expiry of the Contract, return the deposit without
interest back to Party B should Party B has no any violation against the
Contract.
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5.
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Party
A is entitled to, without returning back deposit to Party B, terminate the
Contract under the following conditions. Party B must bear relevant
responsibility of compensation should there is any losses occurred to
Party A.
|
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(1)
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Changing
nature of booth usage at
discretion;
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(2)
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Subleasing,
under-leasing, transferring or pledging the
booth;
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(3)
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Using
the booth for illegal activities;
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(4)
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Rejecting
or delaying to pay rent for over 1
month;
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(5)
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Fire
accidents resulting from failure to comply with the stipulations in the
Contract;
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(6)
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Violating
the relevant stipulations of the
Contract.
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Should
any conditions above occur which result in Party A’s termination for this
Contract, or Party B reject to move out from this booth without the renewal
contract, which resulting to Party A couldn’t take the booth back, Party A is
entitled to require Party B to bear the rent during Party B’s detention period,
and pay penalty of contract breach amounting 1-2 times the rent.
3
The rent
and penalty of contract breach shall be calculated until the day when Party B
move out from the booth and return back the key of the booth to Party A, or
expiry date of movement announced by Party A. Party A may require Party B to
move out from the booth within a certain term with a announcement in North China
Daily, and the movement term shall be 10 days following Party A’s announcement
in such newspaper.
Party A
is entitled to move all articles out from the booth the next day following the
movement term announced, and all carriage and storage fees shall be borne by
Party B. Party A shall not be responsible for any loss and damage of articles
resulting from such carriage and storage. The substituted storage term would be
15 days. Party B shall pay Party A 15 Yuan each day for storage fees during such
term. Upon expiry of substituted storage term, Party A is entitled to dispose
these articles at discretion should Party B fails to take such articles back,
and Party A shall not hold any responsibility for compensation.
Clause
15
Taxation:
both Party A and Party B shall pay the relevant tax respectively in accordance
with corresponding stipulations.
Clause
16
Solution
to dispute of contract: all disputes resulted from this Contract shall be
disposed by both parties through negotiation. If fails, it will be submitted to
the people’s court that has the jurisdiction over the matter.
Clause
17
This
Contract shall enter into force upon Party A’s official seal, Party B’s
signature and handover of the said booth.
Clause
18
This
Contract is made in triplicate, Party A holds two and Party B one
copy.
4
Party A:
Signing Representative:
Tel:
Date of Signature:
Party B: Liuzhou Baicaotang
Pharmaceutical Chains Co., Ltd.
Signing Representative:
Tel:
Date of Signature:
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