EXHIBIT 10.4
TRANSLATION
LEASE AGREEMENT
Lessor: Beijing Xxxxx Technology (Holding) Co., Ltd.
(Herein referred to as: Party A)
Lessee: Beijing Xxxx Xxxx Xxxx Xxxx Technology Co., Ltd.
(Herein referred to as: Party B)
THIS CONTRACT is entered into between Party A and Party B upon mutual agreement
to identify the duties and responsibilities of both parties and in accordance
with the Law of People's Republic of China on Economic Contracts and related
regulations.
Article I: LOCATION, AREA and UNIT PRICE
1. Party A hereby leases to Party B the first floor and one row of workshop of
the office building it owns, located at Shijingshan Badachu Hi-Tech Park in
Beijing to Party B;
2. Party B hereby leases the first floor and one row of workshop, a total area
of 1,301 square meters from Party A, based on a price of RMB 0.8 yuan per
square meter per day.
Article II: LEASE TERM
1. The lease term shall be for one year, from July 16, 2004 to July 15, 2005
2. Should Party B desires to extend the term of lease at expiry of the lease
term, Party A will give Party B priority in consideration according to the
situation.
Article III: RENT AND TERMS OF PAYMENT
1. Rent: Party B shall remit to Party A total rent of RMB thirty-seven
thousand forty six hundred and eighty-eight yuan.
2. Other Fees: Party B shall be responsible for the property management fee of
RMB 1 yuan per square meter per month, heat supply fee of XXX 00 yuan per
square meter for every heating season, which shall be collected by Party A.
3. Payment terms and amount: One payment for every half year, first payment
shall be made within ten days upon execution of this agreement.
Article IV: If Party B conducts any of the following events, Party A will
terminate this agreement before expiry of the term, and recalls the premise.
1. Without the consent of Party A, Party B subleases, transfers or lends out
the premise;
2. Party B conducts unlawful activities, or activities that xxxxx the public
while using the premise 3. Any other activity that breaches the term of
this contract.
Article V: At the end of term, Party B shall return the premise in the same
condition as it is in the beginning of the lease.
Article VI: LIABILITIES OF BREACH OF THE CONTRACT
1. Upon effectiveness, if Party B breaches the contract, Party A will not
return the rent remitted by Party B.
2. Upon effectiveness, if Party A breaches the contract, Party A will not
collect the portion of rent due for the period from Party B.
Article VII: Issues not covered in this Contract may be agreed by the Parties in
supplementary provisions and addendums. The supplementary provisions and the
addendums constitute same legal effect as this contract.
Article VIII: There shall be four originals of this agreement; each Party shall
keep two originals.
Article IX: This agreement shall be effective upon the date of signature set
forth below.
Party A: Beijing Xxxxx Technology Party B: Beijing Xxxx Xxxx Xxxx Xxxx
(Holding) Co., Ltd. Technology Co., Ltd.
Legal Representative Legal Representative
(or Power attorney) (or Power attorney)
Signed: /s/ Gao Chen Signed: /s/ Gao Chen
July 15, 2004 July 15, 2004
