Property Leasing Agreement
Lessor:
Beijing Dongfang Xingcheng Technology Development Co. Ltd. (hereinafter “Party
A”)
Lessee:
Xxxxxx Information Technology (Beijing) Limited (hereinafter “Party
B”)
In
accordance with the PRC Contract Law, Party A and Party B executed this
agreement regarding Party B’s leasing of Party A’s property after friendly
negotiation.
Article 1
Location and area of the property
The
property is owned by Party A, the location is 1 Zhezhongyilu, Building A, Room
0000, Xxxxxxxx Xxxxxxxx, Xxxxxxx. Party A intents to rent the property to Party
B.
Article 2
Term of the lease
The term
of the lease is from 4/1/2009 to 12/31/2010. After the lease expires, Party B
shall return the property to Party A, Party A will gain the right to use the
property at the same time. If Party A continues to rent the property, Party B
shall have priority right to rent to the property under the same
conditions.
Article 3
Method of payment
1. During
rental period, the monthly rent is RMB 32,000. The total rent for whole rental
period is RMB 672,000.
2. Party
B shall pay rent to Party A in installments. If for any reason, Party B
terminates the contract before the term expires, Party A may keep the
deposit.
Article 4
The change of parties
The
contract shall not be changed because of the change of the parties’ legal
representative.
Article 5
Parties’ rights and obligations
1. Party
A’s rights and obligations
a. Party
A shall transfer the property to Party B from the date of the agreement. The
parties
shall sign a property transfer list (structure, doors, windows, equipment,
number and
conditions).
b. Party
A shall provide Party B with existing water, electricity and heating equipment
in accordance
with the agreement.
c. Party
A shall collect rent and electricity fee from Party B in accordance with the
agreement.
d. Party
A shall have the right to monitor and examine Party B to make sure that Party B
complies
with all fire and safety regulations and Party B’s business operations are
legal. Party B
shall obey safety management of Party A. Party A shall have the right to ask
Party B
to suspend its operation, production or Party A may terminate the contract if
Party B’s
violation of laws or regulations causes material threats to safety and Party B
fails to
improve within certain time limit. Party B shall compensate Party A for all
damages caused by the aforesaid safety threats.
e. Party
A shall be responsible for the maintenance of the leased proeprty’s equipment to
guarantee the normal usage of Party B.
2. Party
B’s rights and obligations
a. Party
B shall pay rent and related cost to Party A on time.
b.
Without a written notice from Party A, Party B shall not sublet, lend, transfer
or pledge any
rented property, place or equipment.
c. Party
B confirms that the target rental property fully complies with its
requirements.
d. Party
B shall operate its business legally during rental period. Party B shall make
sure its
production is safe. Party B shall be responsible for the fire safety and
security.
e. Party
B shall obey Party A’s management. Party B guarantees that its business
operation
is normal and it doesn’t engage in any business activities prohibited by laws
and
regulations within Party A’s management area. Party B shall not store any
prohibited particles,
flammable materials and explosives on the property. Party B is prohibited from
cooking
and using electricity stove, electricity quilt, and electricity stick in office
area. Party B
shall take good care of the public assets and voluntarily maintain public order
within
the building. Party B shall not interfere other people’s work in any way. Party
B can only
use the rented property for office purpose, not for residential
purpose.
f. Within
the rental period, Party B shall have the right to use public equipments and
utilities
within existing capacities. If Party B’s electricity consumption is over the
amount of
electricity provided by Party A, Party B shall obtain a permit from property
management
in advance and pay for the extra electricity consumption.
g. Party
A shall be responsible for Party B’s garbage transportation. Party B shall pay
RMB 0 to
Party A for garbage transportation.
h. If
Party B intends to decorate the rented property, it shall raise a written
application to Party A
15 days in advance. Party B may conduct the decoration only after Party A
approves
the application. However, the decoration shall not damage the main structure of
the
rented property. Party B shall be responsible for the decoration
cost.
i. Party
B shall guarantee the rented property will be in a good condition. When the
leasing
agreement expires or terminates due to Party B’s reasons, except for moveable
equipments,
Party B’s other decoration investment shall be left to Party A. Party B may
leave its
decoration intact after obtaining Party A’s approval.
j. Party
B shall move out all its properties after the lease expires. If three days after
the expiry or termination of the lease, there are still Party B’s belongings on
the property, then Party B shall be deemed to have given up its rights of those
belongings. Party B shall also pay a month’s rent to Party A and compensate for
any damages.
k. Party
B shall purchase insurance for the company and personal asset inside the
building. Party B shall not store large amount of cash or other valuables in the
building. Party B shall be responsible for any loss caused by lack of insurance
or its own management.
1. Party
B shall work with Party A to maintain public safety, hygiene, and fire safety of
the building.
m. Party
B shall raise application to Party A to extend the lease one month before the
expiry of the lease. The parties shall negotiate and sign an extension to
continue the lease.
Article 6
Liability
1. If
Party A fails to deliver the property to Party B in accordance with the
agreement, Party A shall pay a liquidated damage of 0.5% of the monthly rent per
day.
2. Party
B shall pay a liquidated damage of 0.5% of the amount over-due to Party A per
day if Party B fails to pay Party A rent and electricity fee on time. If Party B
fails to pay the aforesaid fees ten days after the due date, then Party B shall
be deemed have terminated the agreement, Party A has the right to take back the
rented property, demand Party B to pay liquidated damage and deduct deposit as
compensation to Party A.
3. Within
the rental period, If without prior written approval of Party A, Party B
unilaterally changes the usage of the property, or sublets, transfers, or gives
the property to any third-party to use in any way, Party A has the right to
unilaterally terminate the agreement, take back the property, Party B shall
forfeit its deposit as liquidated damages. If the third-party causes any damages
to Party A or has dispute with Party A, Party B shall pay the damages to Party A
and be responsible to resolve the dispute.
4. Parties
shall not terminate the lease unilaterally, if for some special reasons, the
lease has to be terminated before it expires, the breach party shall pay the
other party a liquidated damage of 2 months’ rent.
5. Party
A has the right to unilaterally terminate the lease if Party B violates law,
regulation or if Party B is under detention, becomes defendant or if Party B is
missing.
Article 7
Exception clause
The
parties are not responsible for breaching of the lease if Party B cannot use the
property normally due to force major, or changes to the national policy, or if
the land is taken by the government or if the government develops the land for
other purposes. Party B shall
not ask Party A or any other third party to compensate its damages due to
relocation. Party A shall notify Party B of relocation two months in advance and
Party A shall show Party B any related governmental documents. Party B shall
move out of the property within the notification period and pay rent according
to the time it actually occupies the property.
Article 8
Dispute resolution
Parties
shall negotiate to settle their dispute related to the lease. If negotiation
fails, either party has the right to xxx in a court with
jurisdiction.
Article 9
Others
1. The
lease is effective after execution. There are two copies, each party holds one
copy.
2. Any
modification to the lease shall be finalized by a writing executed by both
parties.
3. The
annexes of the lease is part of the lease and should have equal legal
force.
4. Parties
may amend the lease to supplement the lease, the amendment shall have the same
legal effect as the agreement.
Party A:
Beijing Dongfang Xingcheng Technology Development Co. Ltd.
Signature:
Date:
3/2009
Party B:
Xxxxxx Information Technology (Beijing) Limited
Signature:
