English Translation] Tenancy Agreement
Exhibit
10.5
[English
Translation]
Parties
of the lease
Lessor:
(Part A ) W Haking Enterprises Limited
Lessee:
(Part B) Info Smart Technology Limited
The
two
parties agreed to set a lease as follow:
1.
Part A
will rent out 13/F., Haking (Xxxx Xxxxx) Industry
Xxxxxxxx, Xx.00, Xxx Xxxxx Xxxxxx, Xxxx Xxx, Xxxx Xxxx)
to Part
B. The rent is HK$31,875 (The receipt will be given when paying rent). The
rent
term from October 1st, 2003 to September 30th, 2006. Part B cannot end the
rent
during the term, otherwise, the left rent should be paid by Part B.
2.
Part B
has no right to sublease or sublet the building. Part B cannot use other places
except the building. If Part B wants to continue or stop the rent, he or she
should make a written announcement 2 months before the expiration date. (When
Part B wants to continue the rent, a new lease should be signed).
3.
The
rent should be paid on the first day of rent term every month, in the same
way
with that in previous month. Part B should not get behind with rent. If the
rent
can not be paid ten days after the set date, Part A has the right to put up
a
notice in a conspicuous place on the building’s door, to
hurry
Part
B.
If Part B does not pay the rent or does not comply with the provisions of the
lease, Part A enjoys legal right to end the lease. Part B should take all
responsibilities and lose the right to rent the building. Part B has no right
to
demur when Part A rents out the building to others and ask for the left
rent.
4.
When
Part B moves out, Part B should take away all the things but Part A ’s property
in the building within the rent term. If Part B refuses to return keys or leaves
any property on purpose of delaying, three days after the moving, he or she
will
lose the ownership of the property. Then Part A without the procedures of police
office or count, to sell the property with two witnesses. The money will make
up
the arrearage. If the money is not enough, Part B still has to pay the left
rent.
5.
Part B
should not pay the building expense or transfer fee, but should pay the lesser
margin of two months, that is, HK$63,750 and the margin of two months of
management fee, that is, HK$12,000. When Part B moves out, should return the
money mentioned above without its interest and retake the lease. If Part B
does
not pay the rent or any other fees, Part A has the right to deduct the money
from the margin. Part B should know that the margin can not be used as cash
to
pay the rent.
6.
The
real estate tax should be paid by Part A and the official expenses should be
paid by Part B. Other management fees and water, electricity, pump and telephone
bills should be paid by Part B.
7.
When
Part B moves in, in principle he is not allowed to dismantle the decoration
he
had made to the house for the sake of the neat and safety of the house. If
the
proprietor agrees, Part B can dismantle the decoration, but must repair the
house.
8.
The
building can only be used as industry. Part B mustn’t store any prohibited
articles or do anything that offends the laws of Hong Kong in the building.
When
Part B moves out, he must not rent out the building to others.
9.
Part B
has received ___ keys to the apartment door and the room door delivered by
the
proprietor. When Part B will move out someday, he must hand in all the keys
to
the proprietor. If any key missing, the tenant must make a new key fit the
lock.
If something uncovered, we deal with the issues according to the Hong Kong
lease
law.
10.
The
xxxxxx has two copies, one of which is hold by the proprietor and the other
is
hold by Part B.
Remark:
Attachment as another page.
Two
parties
Part
A:
(Signature
or Stamp)
/s/ W
Haking Enterprises Limited
Part
B:
(Signature
or Stamp)
/s/
Info Smart Technology Limited
ID
NO.:
BR No. 00667222
ID
NO.
OR
business registration NO.: 32327759
September
30th,2003
Attachment
of the lease
Owner:
W.
Haking Enterprises Ltd.
Xxxxxx:
Info Smart Technology Ltd
The
property: The
whole
floor, 13/F., Haking (Xxxx Xxxxx) Industrial Building, No. 34, Xxx Xxxxx Street,
Chai Wan, Hong Kong.
Content:
| 1. |
If
the outer wall must be knocked down in order to install some machines
needed by the xxxxxx, he should inform the owner and provide the relevant
certificates proving that the engineering won’t make damage on the
framework of the building( as well as purchase the insurance), and
then he
can deal with the wall.
|
| 2. |
The
management expense includes: removing the four baskets of rubbish,
the
after-decoration waste and large rubbish should be taken away by the
xxxxxx. The baskets used to hold rubbish are located in front of the
struck, and the workers in the cleaning company come here to move the
rubbish away in the early morning except Monday.
|
| 3. |
The
xxxxxx should be responsible for the payment of the fireproof sensors
added because of changing the unit room as to satisfy the requirements
of
the fireproof laws in Hong Kong
|
| 4. |
The
owner allows the xxxxxx to use the electricity case, but he must change
the name for it at the lease beginning and pay for the deposit of the
ammeter.
|
| 5. |
The
xxxxxx should change the name for the water meter and turn in the deposit
of it.
|
| 6. |
The
owner permits the xxxxxx to change the room of the unit, but he must
clear
off the reparation and the space, and all the expenses will be paid
by the
xxxxxx.
|
| 7. |
The
unit should be withdrawn as before, and the owner asks to take away
all
the things.
|
| 8. |
The
xxxxxx is entitled to relet for one year (October 1st
,
2006 to September 30th
,
2007), the lease will be fixed according to the future market price.
The
xxxxxx should inform the owner 2 months notice whether to relet or
not.
|
| 9. |
The
free-lease period is two months, namely from October 1st
,
2003 to October 31st,
,2003
and from October 1st
,
2004 to October 31st,
,2004.
(The relevant expenses must be paid by the xxxxxx during the free-lease
period)
|
| Signature of owner: | signature of xxxxxx: | |
| /s/ W. Haking Enterprises Ltd. | /s/ Info Smart Technology Ltd | |
