Contract No.:
Exhibit 4.2
Contract
No.:
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Date:
August 1, 2008
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Place:
Taiyuan
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Owner:
Xxxx Xxxxxxxxx
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(hereinafter
referred to as “Party A”)
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ID No.:
XXX
Tenant:
Taiyuan Basic Points Commerce Co., Ltd. (hereinafter
referred to as “Party B”)
Address:
Xxxx 000 Xxxx 0 #69 Dongmishiqu, Yingze District, Taiyuan
Party A
and Party B agree as below through friendly negotiations, in accordance with the
Contract Law of the People’s Republic of China and other applicable laws and
regulations and based on the principle of mutual benefits regarding the lease
provided by Party A to Party B.
Article 1 Party A guarantees
that the property leased by it is in compliance with the applicable regulations
and rules.
Article 2 Location and Area of
the Property
1.
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Party
A leases to Party B the property located at Block B, West Part on
the 6th Floor in Building 168
at #186 Xxxx Xxxx Rd. Taiyuan,
Shanxi.
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2.
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The
construction area of the property is 1971.79 square
meters. The area available to use is 1656.21 square
meters.
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Article 3 Party A must provide
the property ownership certificate (or the valid certificate of right of lease),
identity certificate and other relevant certificates. Party B must provide the
business license. The parties may photocopy such certificates after verification
for filing. All the photocopies are to be used only for the lease
hereunder.
Article
4 Term and Usage of Lease
1.
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The
term of lease of the property hereunder is 10 years
from August 1,
2008 to August 1, 2018.
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2.
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Party
B undertakes with Party A to use the property only as the
office.
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3.
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Party
A has the right to take back the property upon the expiration of the term
of lease and Party B must return the property in due time. Where Party B
requires for renewal, Party B must notify Party A in writing three months
before the expiration of the term of lease. The parties must conclude
another lease contract upon the consent from Party
A.
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Article
5 Rent and Payment
1.
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The
monthly rent of the property is RMB 56,000 (Party A renders preferential
treatment).
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2.
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Where
the rent is to be increased or decreased by 15% based on the local market
price during the term of lease, the parties must re-stipulate the rent
upon negotiations.
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Article
6 Relevant Fees and Tax during the Term of Lease
1.
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Party
A must pay the property tax for the property and the land as required by
the laws during the term of lease. Where the competent governmental
authority charges the fees not listed in the contract but related to the
property, Party A must pay the
same.
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2.
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Party
B must undertake all the other fees caused by the daily use of the
property.
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Article
7 Repair and Use of Property
1.
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Party
A is responsible to repair the property during the term of lease and Party
B must render the necessary
assistance.
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2.
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Party
B must properly use the property. Where the property is damaged due to any
improper use, Party B must promptly repair the same or render the economic
indemnification. Where Party B changes the internal structure of the
property, decorate the property or add equipment into, carry out design,
techniques and materials in the property in such a way as may affect the
structure of the property, Party B must obtain the written consent from
Party A first. Unless otherwise agreed by the parties, Party A has the
right to own the decorations attached to the property upon the expiration
of the term of lease or the lease is terminated by the reasons
attributable to Party B.
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Article
8 Transfer and Sub-Lease of Property
1.
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Party
A has the right to transfer the property as required by the laws during
the term of lease. The contract has the binding force upon the transferee
and Party B.
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2.
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Party
B must not sub-lease or lend the property to others without the consent
from Party A.
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3.
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Party
A must notify Party B in writing three months in advance if Party A
desires to sell the property. Party B has the right of first refusal under
the same conditions.
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Article
9 Amendment, Rescission and Termination
1.
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The
parties may amend or terminate the contract in writing through
negotiations.
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2.
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Where
Party B requires to renew the lease, it must notify Party A in writing
three months before the expiration of the term of lease. Where Party A
desires to lease the property upon the expiration of the term of lease,
Party B has the right of first refusal under the same
conditions.
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3.
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The
contract is automatically terminated upon the expiration of the term of
lease.
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4.
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The
contract is automatically terminated if the contract may not be performed
due to force majeure.
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Article
10 Delivery and Return of Property
1.
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Party
A must keep the property under the normal and usable
conditions.
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2.
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Party
B must return the property to Party A upon the expiration of the term of
lease.
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3.
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Party
B must keep the property under good conditions, not leave any article and
not affect the normal use of the property when returning the property.
Party A has the right to dispose the articles left in the property without
consent.
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Article
11 Liabilities for Breaching the Contract
Where
either party violates the contract, the party must indemnify the other party for
its loss or damage so caused.
Article
12 Exemptions
1.
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Neither
party is liable for the failure to perform the contract or the loss or
damage caused by force majeure.
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2.
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Neither
party is liable for the loss/damages caused by the expropriation or
restructuring carried out due to the governmental
policies.
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3.
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Where
the contract is terminated for the said reasons, the rent is calculated as
per the actual days. Where the period is shorter than one month, the
period must be deemed as one month.
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4.
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The
events of force majeure mean the objective conditions which may not be
predicted, avoided or overcome.
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Article 13 Matters not
mentioned herein must be settled by the parties through negotiations. The
parties may conclude the supplementary contract. The supplementary contract
constitutes an integral part of the contract and has the same legal force and
effect as the contract.
Article
14 Disputes Settlement
Disputes
under the contract must be settled by the parties through friendly negotiations
or mediation. Where no agreement may be reached through such negotiations or
mediation, either party may apply for litigation with the local court in the
place where the property is located.
Article 15 The contract takes
effect after signed and stamped by the parties.
Article 16 The contract and
its attachments are made in two counterparts. Each party must hold one
counterpart. Both counterparts have the same legal force and
effect.
Party A
(signature): Xxxx Xxxxxxxxx
Party
B (Stamp) Taiyuan Basic Points Commerce Co., Ltd.
Legal
representative or authorized representative (signature)
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