CORN HYBRID SEED PRODUCTION BOOKING CONTRACT
EXHIBIT
4.27
CORN
HYBRID SEED PRODUCTION
BOOKING CONTRACT
PARTY
A: XXXXX
XXXXXXXXX HI-TECH SEED LIMITED
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Place:
Beijing
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PARTY
B: BEIJING
ORIGIN SEED LIMITED
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Date:
April 4, 2006
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In
accordance with the Contract
Law of People’s Republic of China and
the Seed
Law of People’s Republic of China
and
other relevant Chinese Laws and regulations, both Parties, under the principle
of equality and mutual benefit and through friendly negotiation, agree to enter
into this corn hybrid seed future production contract.
Article
One: Seed variety, Quality criteria and Plant acreage of the future seed
product
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Quality
criteria
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Name
of seed
variety
(code name)
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Acreage
(mu)
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Expected
yield
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Genetic
Purity
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Purity
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Germination
rate
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Moisture
Content
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Jidan
610
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2,300
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805,000
kilogram
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≥96
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≥98
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≥85
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≤15
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To
purchase the qualified seed product upon the future actual yield.
Article
Two: Parent seed quality for further seed production and Method of
payment
Party
A
shall provide Party B with parent
seed within coat
for
further seed production, RMB
10.6 yuan/kg
(if the
germination rate lower than 85%, subject to 85% for calculation), and the
genetic purity of the parent seed shall reach 99%, and the germination rate
shall go beyond 85%. In case the genetic purity lower than the criteria above,
particularly in case the separation of parent seed cause huge amount of mutants,
which result in the decline of the genetic purity of the hybrid seed, the
genetic purity of the hybrid seed produced by Party B shall be decided through
an additional negotiation. Party A shall burden the extra expense for removing
the impurity across the field. In case of the germination rate lower than 85%,
the quantity shall be enough for the seed production. Party B shall pay Party
A
for the parent seed prior to December 1, 2006, Party A shall be charged for
the
transport and the coating.
Article
Three: Both parties’ right and obligation
1.
Party A’s right and obligation
1)
to
provide parent seeds for the seed production according to the quality criteria
hereunder and, the detailed technique approaches and guidance to the
production;
2)
to
purchase the qualified seed according to the quality criteria as provided
hereunder duly and sufficiently, and disburse the related payment on
time.
3)
Party
A shall provide Party B with the loan, RMB 100yuan/acre, for the production
material after the seed sprouting and prior to May 20. The advance payment
shall
be deducted when Party A pay for the seed production at the second
time.
EXHIBIT
4.27
4)
Party
A shall re-examine the seed product upon receiving, the accomplishment of
germination rate, purity and moisture content shall not beyond two germination
circles upon receiving, the genetic purity re-test shall be completed within
the
first growth circle. In case of discovering any problem, Party A shall inform
party B immediately, and shall have the right to refuse or reject the seed
product of poor quality according to the quality criteria
hereunder.
2.
Party B’s right and obligation
1)
Party
B shall arrange the seed production according to the seed variety, quantity
and
the detailed technique approaches and guidance provided by Party A, and shall
complete the related seed production procedures. When Party A purchase the
seed
product, Party B shall have the “Seed Production License” and “Production Area
Quarantine Certificate”.
2)
Strictly execute the seed production technical standard and production area
quarantine standard, and accept the supervision and inspection from related
seed
administrative bodies. Seed quality test shall be pursuant to
GB/T3543.1-3543.7-1995, “Standard for Crop Seed Test”, and seed production shall
be pursuant to “Technical Standard for Crop Seed Production”
(GB/17315-17319.1998).
3)
to
guarantee that the parent seed shall be neither lost nor diffused;
4)
to
guarantee that the quality of the seed product shall reach the quality criteria
hereunder, and Party B shall deliver the seed product to Party A in accordance
with the quantity, schedule and place as provided hereunder.
Article
Four: Price of purchase, Expense of proxy production and Transport
requirement
1. |
The
price of purchase from farmers shall be decided at 2.5-3 times
of the
commodity maize marketing price in area of Chifeng or other circumjacent
region. Party A shall pay Party B 0.6yuan/kg as the expense of
proxy
production (including charge of transport, compensation for isolated
area,
charge for quarantine certificate and seed production license,
village
cadre management cost, catering and telephone subsidy for technician
from
Party B at 0.01yuan/kg, etc.)
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2. |
The
destination of delivery shall be Party B’s production base. Party B shall
assist the transport of the seed product. Party B shall be charged
for
packaging and loading, on the other hand, Party A shall be charged
for
transport.
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3. |
The
seed product transport shall at the end of November till the beginning
of
December. In case of any special circumstances, both parties shall
have an
additional negotiation.
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4. |
At
the beginning of the seed product transport, both parties shall
take and
sterilize sample seeds for the future re-test and appraisal till
the
harvest of the seed product
hereunder.
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Article
Five: Method of payment and Term of payment
Prior
to
the harvest, both parties shall estimate the yield of the seed product hereof
and co-sign as approval. Before the purchase of the seed product, Party A shall
pay 30% of the total value of the actual estimated yield, and the rest 70%
shall
be paid after seeds are loaded (by instalment), the expense of proxy production
shall be paid off at one time prior to the 2007Spring Festival.
Article
Six: Liability for Breach of contract
1. |
Party
B shall pay
a certain sum of liquidated damages, 2 times of the value of the
yield
undone, to the other party, in case that Party B might not harvest
the
quantity of seed product set forth in the contract because of its
deficiency of organization.
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EXHIBIT
4.27
2. |
Party
B shall pay
a certain sum of liquidated damages, 10 times of the income from
its sales
of the seed product to any other organization or
individual.
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3. |
Party
B shall pay
RMB 200,000 of liquidated damages to Party A in case that Party
B might
have the parent seed hereof diffused
because of
its deficiency of management.
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4. |
Party
A shall bear all
losses of missing
the florescence of the seed product because
of its deficient technique
approaches and guidance. In addition, Party A shall pay
a certain sum of liquidated damages, 2 times of the value of the
qualified
seed product not transported, to Party B in case Party A might
not deliver
the qualified seed product hereof in sufficient
amount.
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Article
Seven: Force Majeure
In
the
event of Force Majeure, the quantity and quality of the seed product hereof
might not reach the requirement as provided in this contract, but Party A shall
not
be
liable for damages and Party B shall inform Party A for field inspection in
time, meanwhile, both Parties shall enter a supplementary agreement for the
change of this contract.
Article
Eight: Settlement of Dispute
1. |
If
the dispute is due to the quality of the seeds, the dispute shall
be
submitted to the Seed Quality Test Agency of the city (district)
level or
above for arbitration.
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2. |
Any
dispute arising out of this Contract or from its performance shall
be
resolved through friendly consultation between the Parties. If failed,
the
dispute may be submitted to the People’s Court by each
Party.
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Article
Nine:
Matters
not covered in this Contract shall be dealt with by the Parties through friendly
consultations or in accordance with the Contract Law of People’s Republic of
China and the Seed Law of People’s Republic of China and other relevant Chinese
Laws and regulations.
Article
Ten:
This
Contract is executed in two originals. Each Party hereto shall hold
one.
Article
Eleven: The term of this Contact
From
signing date to the accomplishment of both Parties’ liability and
obligation.
Party
A: (Stamp)
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Party
B: (Stamp)
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Legal
Representative:
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Legal
Representative:
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Authorized
Proxy:
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Authorized
Proxy:
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