Lease Agreement
Exhibit
4.13
Lessor
(Hereinafter referred to as Party A):
Xi’an
Kingtone Information Technology Co., Ltd.
Lessee
(Hereinafter referred to as Party B):
Shaanxi
TechTeam Jinong Humid Acid Product Co., Ltd.
Through
friendly consultation, the parties reach a consensus on the lease. To
specify each party’s rights and responsibilities, the parties
hereby enter into the following agreement pursuant to the Contract Law of the
People’s Republic of China, (“Agreement”):
Article
1
Party A
shall guarantee that the Premises to be leased to Party B, which is identified
in Article 2, is in compliance with the relevant lease regulations and laws in
the People’s Republic of China.
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Article
2
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The
Premises
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1.
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The
Premises is located at 0X, Xxxxxxx X, Xxxxx A, No. 181 South Taibai Road,
Gaoxin District, Xi’an.
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2.
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The
gross area is 360 square meters, and the net area is 323 square
meters.
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Article
3
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The
Ownership
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Party A
shall provide the property ownership certificate, identification (i.e., business
licence) and other documents, Party B shall provide identification documents.
Both parties can copy the other party’s document after verification. All copies
are only used for the purpose of the Agreement.
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Article
4
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Lease
Term and Usage
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1.
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The
lease term of the Premises shall be two years, from July 1, 2010 to June
30, 2012.
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2.
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Party
B shall guarantee that the Premises will only be used as
offices.
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3.
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Upon
the expiration of the Agreement, Party A shall be entitled to take back
the Premises, and Party B shall return the Premises on
schedule.
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4.
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If
Party B wishes to extend the lease, Party B shall give a three-month’s
notice to Party A in advance. With Party A’s consent, parties may enter
into a renewed lease agreement between each
other.
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Article
5
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Rent
and Payment
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1.
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The
monthly rent shall be RMB 10,800.
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2.
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The
security deposit shall be one month rent, RMB
10,800.
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3.
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The
rent shall be paid on a quarterly basis. Party B shall make the payment to
Party A by cash or transfer at the end of each quarter. Party A shall
provide payment receipts and
invoices.
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Article
6
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Transfer
and Sublet
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1.
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During
the lease period, Party A shall have the rights to transfer the Premises,
the Agreement shall be still valid to both new owner and Party
B.
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2.
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Party
B is not allowed to sublet the Premises to any third party without prior
written consent of Party A.
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3.
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If
Party A wishes to sell the Premises, Party A shall give a three-month
notice to Party B in advance. Party B shall have the preemptive right to
purchase the Premises under the same terms and
conditions.
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Article
7
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Modification
and Termination of The Agreement
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1.
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The
Agreement can be modified or terminated by both parties’ negotiation and
consent.
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2.
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Party
A shall have the right to terminate the Agreement and take back the
Premise if:
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(1)
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Party
B sublets the Premises to any third party without prior written consent of
Party A;
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(2)
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Party
B makes any structural alterations to the Premises without the prior
written consent of Party A;
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(3)
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Party
B damages the Premises and does not fix it during reasonable period Party
A raised;
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(4)
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Party
B changes the usage of the Premises without the prior written consent of
Party A; or
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(5)
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Party
B uses the Premises to store dangerous goods or conducts illegal
activities.
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3.
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The
Agreement shall be terminated upon
expiration.
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4.
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In
case of a force majeure that the Agreement cannot be executed in
accordance with the originally stipulated terms, the Agreement shall be
terminated.
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Article
8
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The
Return of the Premises and
Inspection
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1.
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Party
A shall guarantee that the Premises, including the facilities and
equipment, is in a good condition.
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2.
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Upon
the expiration of the Agreement, Party B shall return the Premises,
facilities and equipment to Party
A.
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3.
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Party
B shall maintain and keep the Premises and its facilities and equipment in
a good condition, cannot leave goods to affect the usage of the Premises.
Party A shall have the right to dispose of the goods
left
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Article
9
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Breach
of the Agreement by Party B
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During
the lease period, Party A shall have the right to terminate the Agreement and
take back the Premises if:
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(1)
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Party
B sublets the Premises to any third party without prior written consent of
Party A;
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(2)
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Party
B makes any structural alterations or damage to the Premises without the
prior written consent of Party A;
or
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(3)
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Party
B changes the usage of the Premises or conducts illegal
activities
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Article
10
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Conditional
Discharge
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1.
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In
case of a force majeure that the contract cannot be executed in accordance
with the originally stipulated terms, both Party A and Party B do not take
responsibilities.
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2.
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In
case of the removal or transformation of the Premises in accordance with
the national policies, each party is not responsible for other party’s
losses.
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Article 11
For any
unaddressed matters, Party A and Party B may enter into supplementary
agreement(s). The supplementary terms and the appendixes are part of the
Agreement and have the same legal effect as the Agreement.
Article 12
The
Agreement is made in two original copies. Each Party shall have one copy of the
Agreement, and each copy shall have the same legal effect.
Party A:
Xi’an Kingtone Information Technology Co., Ltd.
(Corporate
Seal Affixed)
Date:
September 30, 2010
Party B:
Shaanxi TechTeam Jinong Humid Acid Product Co., Ltd.
(Corporate
Seal Affixed)
Date:
September 30, 2010
