Land Contracted Circulation Agreement
Exhibit
10.4a
Party A:
YAN Mingshu
Party B:
Xiamen Yijun Modern
Agricultural Development Co., Ltd.
Witness:
Tong’an District Zhuba Overseas
Chinese Farm
This
Agreement is signed by and between the Parties upon full negotiations, on terms
and conditions as follows:
I.
Area, location and grade of land subcontracted
Party A
shall subcontract the contracted land at Liucuo Production
Squad of Tong’an Zhuba Farm New Village Administration
Area, with Forty mu of
contracted land (field), and the contracted land at Baishi West, also of
Tong’an Zhuba Farm New
Village Administration Area, with Sixty mu of
contracted land (field), totaling One Hundred mu of
contracted land (field) (hereinafter land of the Project) to Party B for
exported vegetable growth and quality variety fostering bases. The ownership of
the lands contracted belongs to the collective unit, while Party B only has the
land use right and may not trade, lease or idle away the lands, or use such for
housing construction.
II.
Period of subcontracting
The
period of subcontracting shall be ten (10) year commencing Jan 1st 2009
and ending Dec 31st
2018. In the event the actual date of land handover is later than the date above
specified, the ending date shall be postponed accordingly.
III.
Charges for subcontracting and mode of payment
During
the valid period of subcontracting, the charges for subcontracting shall be
RMB 550.00 (renminbi
FIVE HUNDRED AND FIFTY yuan only)/mu/year. The charges shall be payable
by year in a lump sum, namely, a payment of RMB 55,000.00 (renminbi
FIFTY FIVE THOUSAND yuan only) shall be payable on the January 1st each
year. In the event Party B fails to pay such on schedule, it shall bear the bank
interests upon the charges delayed in addition to charges agreed.
IV.
Rights and obligations of Party A
1. Party
A shall guarantee its eligibility to sign the Agreement, and its right to
circulate by subcontract the aforementioned lands to Party B for agreed use as
plantation bases, or Party A shall have handled all necessary formalities (if
any such).
2. During
the subcontract period, Party A shall ensure that, the lands for the Project
shall qualify the tests and reviews relevant state authorities carry out on
Non-polluting Plantation Land, and can be granted relevant certificates and
accreditations.
3. During
the subcontract period, where Party B requests for the purpose of planting,
Party A shall conduct upon authorization of Party B the planting management over
the subcontracted lands (including but not limited to assign workers for
planting, irrigation,, disinfestation, cultivation, seedling growing,
cultivating, manure application, harvesting, packaging and insect dispelling,
however, Party B shall bear related costs and expenses), and Party A shall
ensure xxxxxxx assistance to Party B in solving problems concerning planting
management during the subcontracting.
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4. During
the subcontract period, Party A shall ensure, based on current infrastructure
conditions, good environment and conditions for planting, such inclusive of
ensuring drainage and irrigation facilities, and conveniences of water and power
supply, coordinating in possible disputes, and resolutely attacking on thefts
and destroying actions which may impair the development of Project, so to ensure
the smooth growth on the Project lands.
5. During
the subcontract period, where there is any theft or destroying event, Party A
shall actively coordinate with Party B in investigation and punishment, so to
ensure double indemnity for all losses caused.
V.
Rights and obligations of Party B
1. Party
B shall pay the full amounts of subcontract charges as scheduled and
agreed.
2. Party
B is entitled to authorize Party A for aforementioned planting management over
the Project lands. And Party B shall bear all production costs on the Project
lands.
3. Upon
maturity of the subcontract, where Party B does not intend for extension of the
subcontract, it shall notify Party A a quarter in advance, and Party A shall
unconditionally withdraw the lands and give such back to farmers’ cultivation
thereupon.
4. Party
B may at its own discretion decide to transfer to its affiliates any of its
rights and obligations under the Agreement, whereas affiliate hereof means any
business enterprise with same shareholders as, or any business enterprise
controlled by, or such controlling, or having same actual controller
as, Party B.
VI.
Breach of contract
1. During
the subcontract period, either Party when breaching the Agreement shall bear all
and full liabilities for the losses caused to the other Party.
VII.
Governance
Where
there is any dispute arising out of the Agreement, such shall be governed by
Xiamen Arbitration Commission.
VIII.
Miscellaneous
1. The
Agreement comes to effect the day all Parties affix their chops and signatures
of respective representatives and complete the land handover
procedures.
2. The
Agreement is made in triplicate, Party A, Party B and the Witness each keeping
one copy.
3. Post
address of Party A: Liucuo Village, Zhuba Development Zone, Tong’an District,
Xiamen City. Post address of Party B: 0/X, Xxxx Xxx Xxxxxxxx, Xxxxxxxxxxxx,
Xxxxxxxxxx Hi-Tech Park, Xiamen City.
In case
of any change to the address of either Party, the changing Party shall notify
the other in written form, otherwise shall bear all legal consequences hence
caused.
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4. In
principle all properties and assets belong to the investor.
5.
Annexed are materials of the tests and reviews conducted by relevant state
authorities on Non-Polluting Planting Land.
Party A:
(Company Seal & signature /s/ Yan Mingshu) Party B: (Company
Seal)
ID card
No: 350221651112451
Witness:
Tong’an District Zhuba Overseas Chinese
Farm
Date: Jan
2nd,
2009
Place of
signing: Liucuo Village, Zhuba Development Zone, Tong’an District, Xiamen
City
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