Lease Contract of E-Wing Center
(English
Translation)
Exhibit
10.15
Lease
Contract of E-Wing Center
1.
Lessor: Zhao
Li
(hereinafter referred to as “Party A”)
Tel:
00000000000
Fax:
2.
Lessee: Beijing
PKU Chinafront Technology Co., Ltd. (hereinafter referred to as “Party
B”)
Address:
Room 717, Building B, E-wing Center, Xx.000, Xxxxxxx Xxxx, Xxxxxxx Xxxxxxxx,
Xxxxxxx
Tel:
000-00000000
Fax:
000-00000000
3.
Leased property:
Xxxx
0000,
0/X,
X-xxxx
Xxxxxx, Xxxxxxx Road, Haidian District
Party
A
hereby agrees to lease the leased property (see exhibit) in good conditions
to
Party B as an office. The floor space of the leased property is
360m2
in
total; meanwhile, it commits that it possesses the legal ownership to the leased
property.
4.
Term of tenancy
4.1
The
term of tenancy lasts for one year from January 1, 2006 (initiation date of
the
lease) to December 31, 2006.
Among
it,
the period from December 1, 2004 to December 31, 2004 was the rent-free period.
During the rent-free period, Party B did not pay the rents, but it shall pay
the
property management fees, power xxxx and other miscellaneous
expenses.
4.2
After
the expiry of the term of tenancy, Party A is entitled to lease the room and
Party B shall return it on schedule.
4.3
Under
the same conditions, Party B enjoys the priority to extend the lease, on the
condition that Party B shall put forward written application to Party A 2 months
prior to the expiry of the Contract. The lease conditions will be determined
through negotiation. In case that Party B intends not to extend the lease,
it
shall propose to return the room 2 months prior to the expiry of the Contract.
The salesmen of Party A may show new clients around the room where Party B
now
occupies, and Party B shall offer cooperation.
5.
Rent
5.1
Definition of rent: the room rent and property management fees are called rents
collectively.
5.2
The
room rent is RMB 2.7778/
m2/day,
and
the property management fee is RMB 0.70/
m2/day,
the
average monthly room rent is RMB 30,000
Yuan,
and the average monthly property management fee is RMB 7560
Yuan,
therefore the monthly rent is RMB 37,560
Yuan in
total.
5.3
The
initial rent shall be paid during the period from January
1, 2005
to
February
28, 2005.
5.4
Party
B shall pay RMB 37,560
Yuan to
Party A when concluding the Contract.
5.5
The
rent shall be paid once a month and must be paid up before 5th
of each
month (postponed in case of festivals or holidays). If Party B fails to pay
the
rent when it is overdue, it shall pay a late fee at a rate of 3.6‰/
day
against the monthly rent; in the event that it is overdue for more than 30
days,
Party A is entitled to terminate the Contract and handle it according to Article
9.2 of the Contract.
6.
Deposit
6.1
Party
B shall pay a lease deposit up to 2-month room rent and property management
fees
to Party A (RMB 75120 Yuan in total) when concluding the Contract; after the
expiry of the Contract, if Party B will not extend the lease, under the
circumstance that Party B does not default any expenses and remains every
facilities in the room intact, Party A shall return all of the deposits, if
needed,
the expenses needed may be deducted from the deposit (without any
interest)
6.2
If
Party B terminates the Lease Contract during the term of tenancy (not including
the situation that Party B purchases the leased area), the deposit will not
be
refunded and will be handled according to Article 9.2.
7.
Other expenses
7.1
Both
Parties shall bear their own attorney fees, if necessary, both Parties shall
pay
the taxes pertinent to the conclusion and registration of the Contract according
to the provisions of the government of the CPC.
7.2
All
power bills and satellite TV fees incurred during the tenancy of the lease
shall
be paid by Party B to the property Management Company or relevant department
of
the state.
7.3
All
problems due to the arrear or late payment of the expenses hereinbefore shall
be
settled by Party B. Losses suffered by Party A for the arrear of Party B shall
be compensated by Party B.
8.
Responsibilities of the Lessor
8.1
During the term of tenancy, Party A shall not withdraw the room without
justified reasons; in the event that Party A requires withdrawing the room
prior
to the expiry of the Contract, Party A shall compensate all losses suffered
by
Party B therefrom.
8.2
In
the event that Party A transfer the lease right wholly or partly to any third
party, it can only implement it after acquiring the consent of Party B and
the
Lease Contract will remain valid.
8.3
During the term of tenancy, Party A shall provide the invoice for room lease
in
due time, otherwise, Party B is entitled not to pay the rent.
8.4
Party
A shall notify Party B of any changes of its contact methods.
8.5
After
the expiry of the tenancy term, and Party B pays off all expense, such as the
rent and property management fees, and returns the key of the room, Party A
shall return the deposits of Party B (interest free).
9.
Responsibilities of Lessee
9.1
Party
B shall pay rents, deposits and various expenses (see Article 7 for detail)
as
provided in Article 5, 6 and 7 of the Contract. In case of any arrear, it will
be deemed as default.
9.2
If
Party B terminates the lease during the term of tenancy, upon the written
consent of Party A, both Parties shall conclude an agreement on the termination
of the Contract. Party B shall pay off all expenses including the rents, but
the
deposits paid will not be refunded; if Party B withdraws the lease privately
without acquiring the consent of Party A, the deposits paid by Party B will
not
be returned. Besides, Party B shall compensate all economic losses of Party
A
due to its withdrawal.
9.3
During the term of tenancy, Party B shall not sublease the room it rents, and
the sublease without permission is invalid and will be deemed as a breach to
the
Contract.
9.4
Party
B shall cherish the room and facilities. Part B shall compensate for all damages
caused by improper use.
9.5
Party
B can only decorate or layout the room leased upon the consent of Party A,
or
the Management Company and relevant departments; Party B shall bear all expenses
and losses for the changes or damages to the facilities and structure of the
leased property due to the decoration of Party B. Decoration of Party B shall
be
carried out according to the Rules for Decoration.
9.6
After
the expiry of the term of tenancy, in case that both Parties have not extended
the lease contract, Party B shall return the room on schedule, in case that
Party B fails to return the leased room , besides requiring Party B to move
out
within time limit and supplementing rents during the occupancy period, Party
A
is entitled to collect defaults at 30% of the monthly rent.
10.
Waiver
Party
A
understands that it shall not be deemed as Party A waives the right of
investigation when the breach of contract happens and the rent is accepted.
The
fact that Party A waives any right stipulated in various articles of the Lease
Contract can only be evidenced by the written signature of Party A. The fact
that the amount of rent or other payments made by Party B does not come up
to
the amount prescribed in the Lease Contract or Party A accepts the short rent
or
other payments shall not be deemed that Party A agrees Party B to pay in short.
The fact that Party A accepts the payment in short will not affect its rights
of
claiming the arrear rent, or adopting other measures prescribed in the Lease
Contract or laws.
11.
Force majeure
11.1
During the contract term, in case that it is due to the force majeure, such
as
tycoon, earthquake, storm, fire, war and coup, that incurs the losses of one
Party or makes the contract cannot be implemented and terminated, neither party
to the contract bears any responsibility.
11.2
In
the event that the leased room is seriously damaged due to fire or other
reasons, and Party A decides not to repair or push over the damaged room, Party
A shall notify Party B of his decision in writing within 90 days after the
happening of such disasters, and the lease contract will be terminated after
the
notice is sent out. Party B shall move out of the leased room immediately.
Party
A will not pay any compensation, and is exempted from the rent as of the date
of
damage; if Party A decides to repair the leased room, he will resume the
collection of rent as of the date when the repair is complete.
12.
Dispute resolution
The
Lease
Contract follows the laws of CPC, and is subject to the jurisdiction of Chinese
laws, as well as shall be explained according to Chinese laws. In case that
no
agreement is reached for the disputes arising from the Lease Contract through
negotiation, any party to the contract may put forward litigation application
to
the People’s Court where E-wing Center is located.
13.
Miscellaneous
13.1
Party A and Party B may conclude supplementary agreement for matters uncovered
in the Contract through amicable negotiations. The supplementary agreement
will
constitute the attachment of the Contract, and is of equal legal force as the
Contract.
13.2
The
Contract will come into force as of the date signed and sealed by both parties.
The contract is made in duplicate with each party holding one.
13.3
The
Contract and its attachment are in Chinese and the Chinese version shall
prevail.
14.
Attachment
Plain
Position of the storey of Beijing E-wing Center leased by Party B (highlight
by
the shadow)
|
Party
A
|
Party
B:
|
|
Legal
Representative:
|
Legal
Representative:
|
|
Date:
November 25, 2004
|
Date:
November 25, 2004
|
|
4-004
|
No.:
0019360
|
