Orchard Contracting and Transferring Contract
Party A:
Zhaojiabuzi Village, Heluo Town, Laiyang City
Party B:
Shandong Longkang Juice Co., ltd.
After
both parties friendly negotiation, this contract is hereby made on the basis of
mutual benefits to protect both parties’ legal rights and obligations. Both
parties should obey the following terms:
Ⅰ Name of
the contracting orchard, areas, trees situation and facilities of the
location:
Party B
contracts good quality pear
garden of 1409
Mu in the surrounding area of Zhaojiabuzi
Village, (east to Dapeng ,
west to northen
side of Shenshan Back Villiage , north to Muyudian ,
South to Xiaohuoshan ).
The age of the trees is 3 years.
Facilities are completed .
Ⅱ Period
of the contract and duration:
The
period of the contract is 30
years, from
Jan.(month)
1st(date),
2008(year)to
Dec. (month)
31s(date)t,
2038(year).
Ⅲ
Contracting charge, payment method and time:
1
Contracting charge is 1,206
RMB Yuan/Mu each year. Total charge is 14,472,000.00
RMB Yuan, or (Fourteen
Million Four Hundred and Seven Two Thousand) RMB Yuan.
2
Contracting charge should be paid in cash before Jul.
(month)31st.
(date) ,
2008(year).
Party B
should pay all the charge in one time.
Ⅳ Rights
and obligations of both parties:
1 Party A
should transfer the good quality orchard contracted by Party B before
Jan. (month)
1st(date),
2008(year), and let them manage and use the orchard.
2 Party A
should provide Party B’s contracted orchard the nearest sufficient water
resources and road transportation conditions, insuring that the transportation
is unblocked and the water resources are sufficient and
pollution-free.
3 Party A
should guarantee the completion and safety of the base and help Party B to deal
with the relation with the villagers, maintaining Party B’s normal production
and management procedures.
4 Any
kind of taxes and dues should be bared by Party A. Party B shall not be liable
for it.
5 Party B
should manage the contracted orchard according to the contract. Any damage to
the land or the facilities of the orchard is prohibited. if any change or
adjustment to the orchard are needed, Party B should negotiate with Party
B.
6 Party B
should try their best to arrange people from Party A’s village to manage the
orchard. If there is anyone not willing to manage the orchard, then Party B can
arrange the contracting managers freely without Party A’s
interference.
7 During
the contract period, Party B has the rights of using the orchard, the rights of
management and ownership and the rights of Ius fruenndi.
Ⅴ
Liability for breach the contract:
1 Party A
has the right to cancel the contract if Party B does not pay the contracting
charge; Party B has the right to cancel the contract f Party A fails to carry
out the contract.
2 Both
partied should strictly carry out this contract. If one party has breached the
contract then this party should be liable for all the loss caused to another
party.
Ⅵ
Amendment or cancel to the contract:
1 Each
party shall have the right to amend or terminate the contract when the contract
is failed to perform due to the change of the national policies or unpredicted
natural disasters.
2 The
contract shall lose effect when the period of the contract is due.
Ⅶ When
dispute is arising on the contract, firstly negotiation will be taken; In case
no settlement can be reached through negotiation, the case shall then be
submitted to the local people’s court.
Ⅷ
Supplemental agreement can be signed up if both party agree on other terms which
are not included in this contract. The supplemental agreement enjoys the equal
legal effect as this contract.
This
Contract is in triplicate; each party retains one copy and the related
department retains one copy. The contract shall come into effect since the date
it is signed.
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Party
A (stamping): /s/ Zhaojiabuzi Village, Laiyang City
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Party
B (stamping): /s/ Shandong Longkang Fruit Juice Co.,
Ltd.
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Representative
(signature):
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Representative
(signature):
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