EXHIBIT 10.4
An Agreement made the BETWEEN Gold Talent Enterprises Limited 25/F., Car Po
Commercial Building , Xx. 00 Xxxxxxxxx Xxxxxxx, Xxxxxxx, xxx Xxxx Xxxx Special
Administrative Region (hereinafter called "the Landlord" which expression shall
where the context so admits include the person for the time being entitled to
the reversion immediately expectant on the determination of the term hereby
created) of the one part and Xxxxxxxxxxxx.xxx Limited, and Wealthcraft Systems
Limited Room 1005, 10/f Universal Trade Centre, No. 3 Xxxxxxxxx Road. Central,
Hong Kong.(hereinafter called "the Tenant " which expression shall where the
context so admits include his successors in title ) of the other part WHEREEBY
IT IS AGREED as follows:
1. The Landlord lets and the Tenant takes ALL THAT Flat 1005 (hereinafter
called "the said premises") on 10 Floor of Universal Trade Centre
(hereinafter called "the said building") standing at Xx.0 Xxxxxxxxx xxx
Xxxx Xxxx Special Administrative Region and registered with the Land
Office as Rd central, HK together with the full free and uninterrupted
right and privilege to use the entrance staircase lifts landings and
passages (so far as the same are necessary for the enjoyment and use of
the said premises) in common with the Landlord and other tenant or
tenants for the time being for the term of 24 calendar months
commencing from 07 March, 2005 at the monthly rent of Hong Kong Dollars
Fifteen Thousand Seven Hundred and Forty One Only($15,741.00) exclusive
of rates and Service charges $4,543 payable in advance on the 22 day of
each and every calendar month without deduction the first of such
payments being rent for the period from 22 March, 2005 bo be made upon
the signing of this Agreement.
2. To secure the due performance and observance of the stipulations terms
and conditions hereinbefore contained and on the Tenant's part to be
performed and observed the Tenant shall on the signing of this
Agreement pay to the Landlord by way of deposit the sum of Hong Kong
Dollars at the expiration or sooner determination of the said term of
tenancy and provide that the rent hereby stipulated or any sums of
money owing and due by the Tenant to the Landlord under and by virtue
of these presents shall have been fully paid and stipulations terms and
conditions on the Tenant's part hereinbefore contained shall have been
duly performed and observed the Landlord shall refund to the Tenant the
said deposit of $40,568.00 without interest within fifteen days after
the Tenant shall have duly delivered to the Landlord vacant possession
in respect of the said premises.
3. The Tenant hereby expressly declares and acknowledges that for the
grant of the tenancy hereby stipulated he has not paid to the landlord,
his agent or agents to any person on the Landlord's behalf or fro the
use of the Landlord any fine premium or construction money or key money
or any sums or value of any kind whatsoever of a like nature or
description and the Tenant hereby expressly understands that any right
to protection against ejectment afforded by the Tenancy (Prolonged
Duration) Ordinance 1952 as amended by the Tenancy (Prolonged Duration)
(Amendment) Ordinance1963 or future amendments or modification thereof
or any future legislation governing and regulation the relationship
between Landlord and Tenant shall not apply to this tenancy.
4. The Tenant hereby agrees to pay all water gas and electricity charges
and all meter rent for all gas electric and other meters installed at
the said building and intended for the use of the said premises and to
pay a due proportion of all charges for the operation and maintenance
of the common passages lifts, electric water pump, lighting of the
common staircases and common entrance hall and corridors and for
keeping such common portions of the said building in a clean and tidy
conditions including wages for the watchmen or care-taker such
proportionate part of the said charges together with all taxes
assessments and outgoings to be paid to the Landlord's registered
Office on the first day of every month together with the said rent of
the said premises.
5. The Tenant shall not make or permit to be made ant alterations in or
additions to the said premises without having first obtained the
written licence and consent of the Landlord therefor or cut maim or
injure or suffered to be cut maimed or injured any doors windows walls
joists beams timbers pipings or wirings thereof and to take all
necessary percautions to protect the premises from damage threatened by
an approaching storm depression or typhoon.
6. The Tenant shall not store arms, ammunition or unlawful goods,
gun-powder, saltpeter, kerosene or any explosive or combustible
substance in any part of the said premises, and to be answerable and
responsible for any consequence of any breach of local Ordinance, The
tenant or inmate shall not use the said premises for any illegal
purposes.
7. The Tenant shall not permit any noise or allow any music to be produced
in the premises so as to give cause for reasonable complaint from the
occupants of neighbouring premises.
8. The Tenant shall pay on demand to the Landlord the cost incurred by the
Landlord in cleansing and cleaning any of the drains choked or stopped
up owing to careless use by the Tenant or his servants or workmen.
9. The Tenant shall himself cover insurance for his own belongings against
Typhoon, Depression, storm, Flood, Fire, Theft and Accidents in
relation to this Tenancy. The Landlord shall not be responsible for any
damage or loss under all circumstances.
10. The Tenant shall permit the Landlord and its agents with or without
workmen or others and with or without appliances at all reasonable
times to enter upon the said premises and to view the condition there
of and to take inventories of the fixtures therein and to carry out any
repairs to the premises which the Landlord considers necessary or
proper to be done.
11. During the two months immediately preceding the determination of the
said term of tenancy the Landlord shall be at liberty to affix and
retain without inference or molestation on the door or the external
parts of the said premises a notice for letting the said premises and
the Tenant shall permit and allow all persons with written authority
from the Landlord or its agent or agents at all reasonable hours of the
day to view the said premises or any part or part thereof..
12. The tenant is solely responsible for the repair of doors, windows,
kitchen and bathroom fittings, pipings, drains etc. during the
continuence of this Tenancy.
13. The Tenant shall yield up the said premises and all additions thereto
and all fittings and fixtures therein including the fixtures hereto and
ocher Landlord's fixtures subsequently added in tenantable repair and
condition(fair wear and tear and accidents by fire excepted) at the
expiration sooner determination of the tenancy.
14. Any notice under this Agreement shall be in writing and any notice. to
Tenant shall be sufficiently served if left addressed to him on the
said premises or sent to him by registered post to his last known place
of abode or business and any notice to the Landlord shall be
sufficiently served if delivered to it at its registered office or sent
by registered post addressed thereto.
15. .The expression "the Tenant" shall(where the context permits)mean and
include the party or parties specially named and the executors and
administrators of such party(save only where such party is a
corporation)and where the party specifically named is a firm the said
expression shall(where is context permits)mean and include the members
such firm and the executors and administrators of each member.
16. .Allcosts incidental to the signing of this Agreement shall be borne by
the parties here to in equal shares.
17. The tenant has expressly and thoroughly read the contents of this
Agreement which shall absolutely and immediately be determined if the
Tenant causes any breach of any item herein.
18. Should the Tenant with the express or implied consent of the Landlord
continue in occupation of the said premises or any part thereof after
the expiration of the said terms of tenancy or any renewal thereof the
Tenant shall be considered to be a calendar monthly Tenant and shall
give on calendar month's notice of his intention to quit and shall be
bound to quit the premises upon receiving one calendar month's notice
in that behalf from the Landlord such notice to expire at the end of
any current month of the tenancy.
If used as commercial purpose. please fill in the form below, and will not
be treated as No. 5 and No.6 of this agreement
AS WITNESS the hands of the parties hereto the day any year first above
written
SIGNED for and on the behalf of the Landlord by
For and on behalf of For and on behalf of
Xxxxxxxxxxx.xxx Limited Gold Talent Enterprises Limited
________________________ _______________________________
Authorized Signature(s) Authorized Signature(s)
SIGNED by the Tenant:-
Lease of 1005 Xxxxxxxxx Xxxxx Xxxxxx, 0-0X Xxxxxxxxx Xxxx, Xxxxxxx, Xxxx Xxxx
Rider: Dated: 24 February 2005
1. This lease is non-assignable and the premises may only be used for business
purposes by the Tenant.
2. The premises shall be used only for business purposes and not to be used
for residential or industrial purposes. Tenant must comply with all
regulations governing the use of the premises including but not limited to
the Government lease conditions and the Deed of Mutual Covenant and other
regulations for the building which the premises is part of.
3. The first half month and the twenty fourth month rental of the lease shall
be waived. The Tenant shall pay Management fees, Air-conditioning fees,
rates and other charges for those months. The free rent period is from 7
March 2005 to 21 March 2005 inclusive, and 7 February 2007 to 6 March 2007
inclusive, and cannot be charged. For avoidance of doubt, in order to
benefit from the waiver of the twenty fourth month rent, Tenant must have
paid all rentals and fees up to and including the third month; i.e., the
period from the start of the lease to and including 6 February 2007, and
satisfactorily completed and complied with the lease up to that date.
4. Upon satisfactory completion of 12 months of the lease term, the Tenant may
at any time on two months notice determine and terminate this lease. For
any avoidance of doubt, the two month written notice of termination of
lease may only be given by the Tenant on of after 7 March 2006, and only
after all rents up to and including 6 March 2006 has been paid to the
Landlord, for termination of the lease no earlier than two calendar months
from the date of the notice.
5. Agreed plans for wet pantcy and meeting room below.
Addresses of the Parties where notice should be sent
For and on behalf of
Xxxxxxxxxxx.xxx Limited
________________________
Authorized Signature(s)
Tenant:
Xxxxxxxxxxx.xxx Limited
Wealthcraft Systems Limited
Xxxx 0000, Universal Trade Centre
0 Xxxxxxxxx Xxxx
Xxxxxxx , Xxxx Xxxx
Xxxx Xxxx
Tel: 0000 0000
Landlord:
Gold Talent Enterprises Limited
25/F Car Xx Xxxxxxxxxx Xxxxxxxx
00 Xxxxxxxxx Xxxxxxx
Xxxxxxx, Xxxx Xxxx
Tel: 0000 0000
For and on behalf of
Gold Talent Enterprises Limited
Authorized Signature(s)
