Technical Service Agreement
Exhibit
10.8
Party
A:
Shan Xi Kai Da Lv You Gu Wen You Xxxx Xxxx Si
Party
B:
Xxxxxxxx Xxxx (ID No.)
Both
parties agree to come to an agreement that Party B shall provide the technical
service to Party A as follows.
|
1.
|
Technician
|
1-1
Party
B will send 5 technicians to Shan Xi, Xi An, on the 1 st day
of
October, 2005.
1-2
The
technicians willing to work in Xi An for Party A.
|
2.
|
Applicable
Law
|
The
technicians shall be managed by Party A and relevant laws of People’s Republic
of China.
|
3.
|
Service
Fee
|
Party
A
shall pay Party B 877,500 freely tradable common shares of DKDY. Party A will
not responsible for any technician’s salary.
|
4.
|
T xxxxxxxx
Expenses
|
Party
A
will not responsible for the traveling expenses of the technician.
|
5.
|
Obligations
and Rights
|
During
the period of this agreement, Party A agrees to:
5-1
provide accommodation for the technicians for free;
5-2
provide the transportation to work for the technicians for free;
5-3
provide necessary protections and tools for the technicians for
free;
5-4
provide necessary facility and stationary for the technicians for
free;
5-5
provide basic medical services and facilities for the technicians for free,
but
not including dental, vision.
|
6.
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Holiday
|
The
technicians are entitled to all statutory holidays and 30 days annual leave
with
full pay during the period.
|
7.
|
Emergency
Leave
|
The
technicians are entitled to 10 days of emergency leave.
7-1
Party
A neither responsible for technician’s traveling expense nor the service
fee;
7-2
Party
B shall fill the vacancy of the position due to the leave of the technician
and
take the corresponding expense;
7-3
Technician can not continue to work due to the Party A during the period of
this
agreement, Party A agrees to pay the technician at a reasonable rate. Party
A
agrees to pay the technician of 3 month’s service fee and shoulder the cost of
repatriation if termination by Party A.
|
8.
|
Accident
and Injury
|
8-1
Party
B agrees to replace the technician if he disables to perform duties because
of
illness, accident or injury for a period of 2 months, and shoulder the cost
of
repatriation and filling the vacancy.
8-2 Party A agrees to shoulder the compensation and corresponding expense in
accordance with current labor laws if the technician’s death or disability due
to the work.
|
9.
|
Miscellaneous
|
Other
issues not addressed hereunder shall be resolved under the principle of
negotiation and compromise by both parties. Any dispute arising from performing
this agreement shall be submitted to the Arbitration Commission of China in
accordance with the current laws.
|
10.
|
Effectiveness
|
This
agreement is effective on October 1 st 2005,
the
term of this agreement is 1 year and the renewal will be discussed by both
party
after the termination.
|
11.
|
This
agreement shall have two versions and each of them has the same
effect.
|
Party
A:
Shan Xi Kai Da Lv You Gu Wen You Xxxx Xxxx Si
/s/
Xxxx Xxx
Xxxx
Xxx
AGREED
TO
AND ACCEPTED AS OF SEPTEMBER 20, 2005:
Party
B:
Xxxxxxxx Xxxx (ID No.)
/s/
Xxxxxxxx Xxxx
Xxxxxxxx
Xxxx
