LEASE
LEASE
Party
A:
Shenzhen Our International Development Co. Ltd
Party
B:
Shenzhen Hyper Technology Inc.
Pursuant
to PRC
Contract Law
and
other relevant regulations, the Parties have agreed to the following terms
and
conditions, on which Party A leases its Property to Party B:
1. Party A undertakes that the Property leased under this Lease is fully in
conformity with all governing rules of China.
2.
Location, area, decoration and facility of the Property.
2.1
The
leased Property is located at South Xx Xxxx Avenue, High-Tech South 0 Xxxxxx,
Xxx Xxxx-Xxxxxxxxxx Xxxx, Xxx Xxxx Xxxxxxxx, Xxxxxxxx Xxxx (“Property”).
2.2
The
total area of the Property is 4000sqm in two floors.
2.3
Based
on the agreement between the Parties, the Property, when being leased, is an
unfinished building without any decoration and affiliated facilities. Upon
lease, Party B shall furnish the building with all necessary and affiliated
facilities and decorate the same and complete its construction according to
its
design, requirements and needs at its own cost so as to make the Property in
the
state of normal use.
3.
Party
A
represented that the Use Right Certificate of the land on which the Property
is
constructed had been obtained in the number of Shenfangdizi 4000159576 and
approved to be used for industrial purpose. The Ownership Certificate of the
Property shall be applied by Party A under Party B’s assistance once the
construction of the Property is fully completed and examined by governing
authority.
4.
Term
of the Lease and Usage of the Property
4.1
The
term of this Lease is 20 years as from November 21, 2007 subject to a renewal
at
the terms and conditions so agreed by the Parties at the expiration of this
Lease.
4.2
The
Property shall be used for office and industrial purpose only.
5.
Rent
and its payment
5.1
The
monthly rent of the Property is RMB 160,000, payable as of the subsequent month
when the Property is ready for use after the completion of decoration and
equipment and the Property passing the official examination. Party B is not
responsible for rent during the period when completing the construction and
decorating and equipping the Property.
5.2
The
rent is payable tri-monthly. Party A shall issue official receipt once payment
is received.
6.
Relevant Fees and Taxes
1
6.1
Party
A shall be responsible for the following fees and taxes during the term of
the
Lease:
All
taxes
incurred in relation to the Land and Property including without limitation
Land
use royalty, property tax, administrative charge for lease. Should governing
authorities require any further charges in relation to this Lease not included
in this Lease, Party A shall be responsible.
6.2
Party
B shall be responsible for the utilities cost, management fees and other fees
in
relation to the maintenance and usage of the Property during the term of the
Lease.
6.3.
Party A shall not require any further
fees not covered and included in this Lease.
7. Usage
and Maintenance of the Property
7.1
During the term of Lease, Party A shall insure the quality and safety of the
framework construction of the Property while Party B shall be responsible for
the same of the construction and facilities completed by itself.
7.2
Upon
expiration, if the Parties choose not to renew the Lease, Party B returns the
Property without the need to return in the original shape, and Party A shall
be
responsible for maintenance of the parts and facilities constructed by Party
B
thereafter.
8.
Transfer of the Property and Sublease
8.1
Whereas the finished Property is composed by the framework
constructed by Party A and the affiliated facilities and decoration installed
and furbished by Party B, the Parties agreed that Paty A shall not transfer
the
Property without Party B’s
prior
written consent. In case Party B agrees the transfer, he is entitled to the
right of first refusal at the same condition.
8.2.
Party B is entitled to sublease the Property, in its entirety or in part, during
the term of Lease without notice to Party A.
9.
The
Parties may terminate or modify the Lease in the following
circumstance:
9.1
Occurrence of Force Majear events;
9.2
The
Property is confiscated or expropriated by government;
9.3
Mutually agreed by the Parties.
If
the
Lease is terminated under this Article, the Parties shall discuss the
compensation between them due to the termination.
10.
Party
A’s
Liabilities
10.1
In
the event that Party A is unable to provide the Property at the agreed time,
Party B is entitled to terminate this Lease and Party A shall be liable for
a
liquidated damage in equivalent to 3% of the annual rent of the Property. If
the
liquidated damages is not adequate for coverage of Party B’s
losses
suffered thereof, Party A shall also be responsible for compensation of the
uncovered losses.
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10.2
In
the event Party A withdraws the Property before expiration of the Lease, he
shall be responsible for compensating all the costs incur in relation to Party
B’s
affiliated construction, facilities and equipments as well as decoration, and
in
the meantime liable for a liquidated damage in equivalent to 20% of the total
costs. If the liquidated damage is not adequate for coverage of Party
B’s
losses
suffered thereof, Party A shall also be responsible for compensation of the
uncovered losses.
If
the
Lease becomes invalid due to Party A’s
failure
in respect of the title and ownership of the Property, Party A shall be liable
for all the losses Party B suffers thereof.
In
the
event Party A transfer the Property in violation of the Lease, Party
B’s
rights
and interests under this Lease shall not be affected and Party A shall be
responsible for all disputes arising thereof .
11.
Party
B’s
Liabilities
During
the term of the Lease, Party A is entitled to terminate the Lease and to Party
B’s
liquidated damage in equivalent to 3% of the annual rent of the Property. If
the
liquidated damages is not adequate for coverage of Party A’s
losses
suffered thereof, Party B shall also be responsible for compensation of the
uncovered losses.
11.1
Use
the Property for illegal activities;
11.2
failure of payment of the rent due over 6 months without reasons.
12.
For
anything not included in this Lease, the Parties may conclude additional terms
as attachment to this Lease.
13.
Disputes Resolution
All
disputes arising out of or in connection with this Lease shall be, if cannot
be
settled firstly through negotiation and mediation, submitted to Shenzhen
Arbitration Commission for arbitration in accordance with its rules then
effective in Shenzhen City.
14.
The
Lease shall be effective as of the date it is executed by the
Parties.
15.
This
Lease shall be executed in 4 originals with equal effect. Each Party shall
hold
2 originals.
Party A: Shenzhen OUR International Development Co. Ltd. |
Representative:
|
Party B: Shenzhen Hyper Technology Inc. |
Representative:
|
Signing
Dateæ
Feb. 15,
2007
Signing
Placeæ Shenzhen
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