Floor Lease Agreement
Exhibit
10.6
Floor Lease Agreement
Lessor (hereinafter referred to as “Party A”): Shunkang Store Xxxx Xxx
Lessee (hereinafter referred to as “Party B”): HYUNDAI Light & Electric (HZ) Company Limited
With respect to Party B’s lease of the third floor of Block A, Zhenxing Road, Jiaosha, Gusan Village from Party A for use of factory, the parties hereby agree upon the following
terms:
1.
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Area for lease: Around 1200㎡to be used by Party B
at the rent of RMB7.2/㎡per month. Party B shall be responsible for the
water and
power charges.
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2.
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The term of the lease shall be two years, commencing from April 15, 2007 to April 14, 2009. Upon expiry of the term of the
lease, Party
A shall have the right to take back the leased area and Party B shall return the leased area on time. If party B intends
to extend the
lease, it shall inform Party A of its intention in writing one month prior to the expiry of the term of
the lease and
the parties will negotiate the
rents by then.
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3.
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The annual rent shall be ONE HUNDRED THREE THOUSAND SIX
HUNDRED AND EIGHTY Renminbi only (RMB103,680.00), which can be divided to the monthly rents of EIGHT THOUSAND SIX HUNDRED AND
FORTY Renminbi (RMB8,640.00) (to be paid in cash).
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4.
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Security deposit and payment of the rents:
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(1)
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On the date of execution of this Agreement, Party B shall pay Party A with TEN THOUSAND Renminbi (¥10,000.00) as the security deposit, and the rent shall be payable by Party B to
Party A on a
quarterly basis.
Party B shall pay Party A with the rent of each
quarter 10 days prior to the commencement of such quarter, i.e. the rent shall
be settled prior to Party B’s use of the leased area. The water and
power charges shall be paid by Party B to Party A on a monthly
basis.
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(2)
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Upon the expiry of the term of the
lease, if
Party B does not renew the
lease, Party A
shall return the security deposit to Party B without interest provided that Party B shall settle all the rents, water and power charges, telephone charges, gas fees, etc and maintain the good condition of the
leased
area. The security deposit cannot be used to settle the rent during the term of the lease.
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(3)
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If Party B terminates this Agreement prior to the expiry of
the term of the lease, the security deposit will not be
returned to Party
B.
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(4)
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In case that Party B breaches the provisions of this Agreement which results in Party A’s failure to collect the rent on time or
in any additional
costs and
expenses, Party A
shall have
the right to
use part or
all of the security deposit to offset the outstanding rent or to
settle those additional costs and expenses.
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5.
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Use of the building and area: Factory and warehouse. This building shall be only used for
the operation of factory and
warehouse.
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6.
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During the term of the lease, Party B shall be responsible for
the maintenance and repair of the leased area. Party B shall share the elevator with the user of the second floor
and be jointly responsible for the repair and power charges. Party A shall be responsible for
the repair of fair
wear and tear on the facilities attached to the leased area.
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7.
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During the term of the lease, Party B shall be responsible for all
the economic,
political and legal liabilities, liabilities incurred from fire and safety accident, and all the
fees, taxes, certificates decorations, etc. in relation to
its operation. Party A will not take any responsibilities
therefrom. Party B
is not allowed to
mortgage or sublease the leased area. No storage of dangerous, inflammable and
explosive materials
or illegal activities
in the leased area is
allowed.
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8.
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During the term of the lease, if Party B wants to decorate the leased area, it must take care of the safety of the building and should not cause any damages to the main structure of the building. Upon expiry of this
Agreement, if Party
A continues to let the leased area without changing the use of the
building, Party B
shall have
the pre-emptive right on equal condition of rent. If Party A doesn’t continue to let the leased
area, Party B shall remove all the commodities and goods from the leased area on the expiry date and return the leased area to
Party A for inspection on time. Party B shall not remove or
destroy the floor, wall, ceiling, electric wires and other decoration which
is fixed in the construction structure or walls of the
building.
Party A will acquire
such items without any additional payment. Party A shall return the security deposit without interest to Party B within two days after
Party B’s return and Party A’s inspection and acceptance of the
leased area in its original status. If there is any damage to the leased area, Party B shall be responsible
to repair or
compensate Party A
according to the
market price.
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9.
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Liabilities for breach of
agreement
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(1)
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Party A shall not take back the leased area during the term of lease without reasonable
cases. If Party A commits a breach, it shall compensate Party B with
an amount equal to double of the security deposit.
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(2)
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In case of early termination by
Party B, it shall not remove all the decoration and materials, which shall be deemed as belong to
Party A. Party A
shall be entitled to
confiscate the
security deposit and request Party B to settle all the unpaid rents, water and power charges before it can take its commodities and goods out of the leased
area.
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(3)
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If Party B fails to pay the rent on time, Party A
shall be entitled to
a default payment equal to 1% of the outstanding amount for each
day of delay. The delay of or more than
15 days will be viewed as Party B’s breach of this Agreement, which
shall be subject to Clause 9.(2) above and Party A shall have the right to take back the
leased
area.
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10.
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For anything not specified in this
Agreement, the parties may enter into
supplemental
agreements, which shall have the same effect with this Agreement.
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11.
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This Agreement is prepared in two original copies, each party holding one copy. This agreement will come into
effect upon the
execution of the
parties.
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12.
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Party A should provide Party B with a written consent from the
owner.
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/s/ ILLEGIBLE
Lessor(Party A): Shunkang Store
Representative:
Contact No.
/s/ ILLEGIBLE
Lessee(representative of Party B):HYUNDAI Light & Electric (HZ) Company Limited
Address:
Contact No.
Date of execution: 30 March
2007