Unofficial English Translation WangZou Center Lease Agreement
Exhibit 10.6
Unofficial
English Translation
WangZou
Center Lease Agreement
Lessor
(Party A): Li Hua
Address:
Room 0817, Van Palace Center, Xx. 0, Xxxxxxxxxxxx Xxxxx Xxxxxx, Xxxxxxxx
Xxxxxxxx, Xxxxxxx Xxxx, Xxxxx
Account
Name: Zheng Xxx Xxxx
Name of
Bank: Industrial and Commercial Bank of China
Account
Number: 000000000000000000
Phone:
00000000000 00000000
Fax:
Lessee
(Party B): China Tailong Holdings Company Limited
Resident:
Xxxx Xxxx Rong
ID
No.:
Phone:
00000000000 00000000
Fax:
Lessor__________________(hereinafter
“Party A”) and Lessee____________________(hereinafter “Party B”)
on 2008, through negotiations of
both parties, agree as follows:
Article
1. Leasing Real Property
1.1
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Party
A agrees to lease the apartment located in Room 0817, East Tower, WangZou
Center, Xx. 0, Xxxxxxxxxxxx Xxxxx Xxxxxx, Xxxxxxxx District, and its
equipments (see Attachment I), which both are in good condition, to Party
B, with the total coverage of the rental property being approximately: 256
m².
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Article
2. Term of Lease
2.1
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The
term of the lease is two years, from December 1, 2008 to November 30,
2010.
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2.2
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Upon
the expiration of the lease, Party A is entitled to reclaim the leasing
apartment and all of the electronic products (including all furniture and
equipments listed in the attachment) and Party B shall return them on
schedule. Party B shall pay Party A the apartment use fee of the amount
equal to 1% of the total amount of the yearly rent for every day that
Party B defers to return them. In case Party B requests to renew the
lease, it is entitled to the preemptive renewal right, but it shall submit
a written application to Party A within two months prior to the expiration
of the lease. The rent of the renewed lease shall be negotiated by both
parties.
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Article
3. Rent
3.1
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The
monthly rent is XXX 00000, including property management fees, air
conditioning and heating fees. (Other fees not clearly specified herein
shall not be part of the rent. They need to be paid by Party B based on
the reasonable fee standards announced by the relevant
departments.)
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3.2
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The
rent shall be paid every four months. Party B shall pay the rent in
advance on the seventh day prior to beginning of the next period of the
rental payment . In the event Party B defers to pay, it shall pay the
additional deferral payments of the amount equal to 0.5% of the rent on a
daily basis. In case Party B defers to pay the rent more than ten days, it
is deemed that Party B automatically terminates the lease. It is deemed
that Party B already pay the rent when it notifies its bank to transfer
the rent to the account of Party
A.
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3.3
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Party
B shall pay the full amount of the rent of the initial payment period of
the lease on the signing
date.
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3.4
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The
rent shall be paid in RMB. Party A shall provide Party B with the receipt
after receiving the rent
immediately.
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3.5
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During
the effective term of the lease, the rent will not be
adjusted.
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Article
4. Security Deposit
4.1
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After
signing the agreement, Party B shall pay Party A the security deposit
equal to one month rent of the amount of RMB 20,000. Upon the expiration
of the lease, if Party B does not renew the lease, Party A shall return
the security deposit without paying interests to Party B within ten
business days after the lease is expired and Party B pay off all of the
expenses of water, electricity, gas and the phone
bills.
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4.2
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During
the term of the lease, if Party B early terminates the lease for its own
reason (except for force majeure events), the security deposit shall not
be returned.
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4.3
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In
the event Party B violates the agreement to cause Party A not to receive
the rent on time or incurs other expenses, Party A is entitled to set off
the aforesaid rent or expenses against the security deposit. Party B shall
provide Party A with the amount that being set off to refill the security
deposit within ten business days after the date of setting
off.
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4.4
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In
case the situation specified in 4.3 occurs and the security deposit is
less than the amount to be set off, Party B shall provide party A with the
difference within ten business days after receiving the notice to refill
from Party A.
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4.5
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The
security deposit is paid in RMB. After Party A receives the security
deposit, it will provide Party B with the
receipt.
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Article
5. Other Expenses
5.1
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With
regard to water, electricity and gas Party B consumes during the term of
the lease, the management company will calculate the expenses based on the
actual monthly use amount, and Party B shall pay such expenses according
to the invoices.
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5.2
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The
phone xxxx is calculated based on the standard of Telecom Bureau for its
actual monthly use, Party B shall pay the xxxx according to the
invoices.
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Article
6. Obligations of Party A
6.1
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After
signing the agreement, Party A shall not reclaim the apartment without due
courses. In the event Party A requests to reclaim the apartment during the
term of the lease, Party B is entitled to reject such requests. In case
Party A unilaterally breaches the agreement, it shall return the double
amount of the security deposit to compensate Part
B.
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2
6.2
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Party
A shall ensure that the apartment and its fixtures are in good condition
when it delivers them to Party B from the starting date of the lease. In
the event the apartment does not qualify to the condition of inhabitation,
the starting date of the lease shall be re-negotiated by both parties. The
new starting date shall not be later than seven days from the original
starting date. In the event the apartment still does not qualify the
condition of inhabitation, Party A agrees to compensate Party B the rent
and expenses to temporally lease the other apartment, until the apartment
qualifies the condition of inhabitation, but under no circumstance the
expenses shall exceed the standard of rent specified in this
agreement.
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6.3
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The
management company shall provide the security guards, the fire prevention
and a quiet and clean living
environment.
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6.4
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The
management company shall provide adequate service, for example, the
regular function of cold water, hot water, electricity, and
equipments.
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6.5
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Party
A shall be responsible for the ordinary maintenance of the apartment and
the relevant equipment, and the relevant expenses to the repair and
maintenance expenses for the ordinary exhausts and
damages.
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6.6
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Party
A shall guarantee the legality of the apartment and pay all and any of
governmental taxes.
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Article
7. Obligations of Party B
7.1
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Party
B shall pay the rent, security deposit and all expenses in accordance with
Article 3, 4 and 5. In case Party B defers to pay any of such, it is
deemed to breach the agreement. Party B shall pay the rent and other
expenses in accordance with Article 3 and 5, in case of any deferral of
payments, Party A is entitled to set off the deferred payment against the
paid security deposit; in case the security deposit is less than the
deferred payments, Party A is entitled to request Party B to provide with
the difference on agreed schedule in accordance with Article 4.4; if Party
B still fails to provide with the difference within the agreed schedule,
then after thirty days, Party A is entitled to cancel the
lease.
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7.2
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After
the signing of the agreement, in the event Party B fails to pay the rent
of the initial payment period and the security deposit more than fifteen
days, Party A is entitled to cancel the lease, as well as claim for the
compensations equal to two-month
rents.
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7.3
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Without
the written consent of Party A, Party B shall not sublease part of the
apartment, or transfer the lease to the third party, nor shall Party B
share the apartment with the third party in any way. In the event the
aforesaid situations occur, Party A is entitled to cancel the
lease.
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7.4
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Party
B shall carefully use the apartment and its equipments. In the event Party
B misuses them and causes any damage, it shall be responsible for the
compensations.
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7.5
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Except
for the existing decorations and facilities in the apartment, if Party B
wants to increase equipments or conduct additional decorations, it shall
obtain the consent of Party A. Upon the expiration of the lease, Party B
shall restore the apartment’s original condition (except for the ordinary
exhausts and damages), when returning the apartment to Party A, and be
responsible for the relevant
expenses.
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7.6
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In
the event Party B or the related governmental officers, its superiors,
employees, customers, visitors, contractors, agents, the license holders
and invitees of Party B (hereinafter collectively “the Related Persons of
Party B”) cause any damage to the apartment, Party B shall be responsible
to compensate the losses, and allow Party A or its agents to enter into
the apartment after giving a prior notice to Party B to amend or repair
the losses or damages. All relevant expenses incurred by the aforesaid
situations shall be assumed by Party
B.
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3
7.7
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After
Party A sends a prior notice to Party B, Party B shall allow Party A or
its agents to enter into the apartment when the due course exists, and to
investigate the apartment to conduct the necessary repair or maintenances.
On the last month of the term of the lease, Party B shall allow Party A or
its agents to show the apartment to the clients that intend to rent or
purchase the apartment, with the exception that Party B has informed Party
A to renew the lease in accordance with Article
2.2.
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7.8
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Without
the prior written consent of Party A, Party B shall not build up, install
or move the facilities and equipments, nor set up the partition or change
or increase the structure of the
apartment.
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7.9
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During
the term of the lease, Party B shall strictly comply with the laws, rules
and regulations of the People’s Republic of China. Party B shall be
strictly prohibited from conducting any illegal or immoral activities by
using the apartment.
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7.10
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In
addition to being used as a residence by Party B, with the consent of
Party A, the apartment can be used as the office, but if Party B requests
Party A to change the usages of the apartment, Party A has the right to
reject such requests.
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7.11
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Without
the written consent of Party A and the management company, Party B is
prohibited from setting up any board or facility outside the apartment,
nor shall Party B hang clothes outside the apartment or on windows and
doors to affect the appearance of the apartment; nevertheless, if Party B
requests, Party A is entitled to reject such
requests.
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Note:
Party B shall apply the temporary residential registration to the relevant
departments (or the property management company).
Article
8. Other Uninhabited Events
In the
event the apartment is damaged due to fire accidents, the extreme weather, wars
or other force majeure events, and thus not being able to be used or
uninhabited, Party B shall stop paying the rent from the date of such events
occur, until the apartment can be used or inhabited. Party A is not obligated to
repair or restore the apartment, in consideration of its will, economic
condition, the substantial result of the repair, and other reasons. In the event
the aforesaid situation occurs, Party A shall notify Party B, and return the
security deposit and the paid rent to Party B within ten days upon sending such
notices.
Article
9. Governing Law and Dispute Resolution
The
agreement is subject to laws of the People’s Republic of China. Any dispute
arising from or in connection with the agreement shall be friendly negotiated by
both parties. In the event both parties fails to solve the dispute
through negotiations, the dispute shall be submitted to China International
Economic and Trade Arbitration Commission in Beijing, and to be solved in
accordance with the effective arbitration rule of the Commission when the
dispute is submitted. The arbitration shall be held in Beijing, the language
adopted on the arbitration is Chinese. The arbitration aware shall have the
final and binding effect to both parties.
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Article
10. Miscellaneous
10.1
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In
the condition that the facilities and equipments of WangZou Center are
available, part of the facilities (including the swimming pool and
gymnasium) can be used by Party B on its own
expenses.
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10.2
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The
attachments of this agreement constitute a undivided part of this
agreement.
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10.3
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The
agreement becomes effective upon signing. It consists two copies, each
party holds one copy.
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10.4
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Any
unspecified matters shall be negotiated by both
parties.
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The
agreement is signed on November 21, 2008 in Beijing.
Party
A
/s/ Xxxxx
Xxx Xxxx
Xxxxx
Xxx Xxxx (the authorized person)
Party B:
China Tailong Holdings Company Limited
/s/ Xxxx Xxxx
Rong
Representative:
Xxxx Xxxx Xxxx
Attachment:
Party A
agrees that in the condition that the original illumination is not being
damaged, Party B can install illumination when the it is not adequate in the
room. The installed partition (in the condition that such installations do not
damage the original decoration), shall be restored upon the expiration of the
lease.
Party
A
/s/ Xxxxx
Xxx Xxxx
Xxxxx
Xxx Xxxx (the authorized person)
Party B:
China Tailong Holdings Company Limited
/s/
Xxxx Xxxx Rong
Representative:
Xxxx Xxxx Xxxx
End of
Agreement
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