Construction Agreement
Exhibit
10.6
Party
A:
Shannxi Kai Da Lv You Gu Wen You Xxxx Xxxx Si
Address:
Hongguan Road, Xi’an City.
Postcode:710086
Telephone:000-00000000
Party
B:
Wu, Lianshe
Address:
Qindu District, Xianyang City, Shaanxi Province
Postcode:
712000
ID
Card
No.:610402560325181
After
the
consultation, Party B takes the design task of 4A level reconstruction project
of the Theme Park of E Pang Gong Palace, and the two parties come into the
agreement as following:
1. The
reconstruction place, area and the design contents:
1.1 The
reconstruction project place: the Theme Park and hotel
1.2 The
reconstruction area: 540,000 ㎡ .
1.3 The
design contents and standard: international 4A level.
2. The
obligations of Party A:
2.1 Providing
Party B with the prospectus proved by the relevant superior governmental
department before October 1. 2005.
2.2 Providing
Party B with he document of agreement about raw material (or resource report
authorized), fuel, water, electricity, traffic and so on, the reconnaissance
data that can satisfy the original planning requirement, the technique data
through scientific research..
2.3 Being
responsible for the approval for every stage of the reconstruction.
2.4 Being
responsible for the fees of trip and bussiness caused by the outside experiment
because of the technical need.
2.5 Providing
Party B the necessary room for living and dining (fees beared by Party
B).
2.6 Protecting
the intellectual property of Party B and not delivering it to any third
party.
3. The
obligations of Party B:
3.1 Selecting
the experienced designing staff for the project who succeeded many
designs.
3.2 Providing
Party A with the designing document within the scheduled time.
3.2.1 Delivering
the draft plan (4 versions) of the reconstruction project before October 31,
2005.
3.2.2 Delivering
the final plan (4 versions) of the reconstruction project before November 20,
2005.
3.2.3 Delivering
the working drawing (4 versions) together with the final plan of the
reconstruction project before October 31, 2005. if Party A needs more copies
of
the drawing and the making mode, both parties can consulting for the additional
fees.
3.2.4 Delivering
the budget document of the reconstruction project and the relevant material
before November 25, 2005.
3.3 Carrying
out the project design strictly with the proved prospectus and the 4level
standard, and getting consent when making any change.
3.4 Revising
the draft plan and the final plan again and again based on the suggestion of
Party A and relevant department till getting the final approval by the
authority.
1
3.5 Bearing
any additional fee related to the design but exceeds the pay by Party
A.
4. Design
revision, approval and termination:
4.1 Once
the
project design is proved by the authority, it means that Party B has finished
its task. If Party A require to amend the design of construction, it has to
get
the consent from the authority and get the relevant document, then consult
with
Party B of the revision contract and the design fee.
4.2 The
fee
standard of the significant change to the design: increase the design fee RMB
5,000 per working day (or pusuant to the percentage of the revising work volume
in the design stage).
4.3 Party
A,
if want to stop the design during the working period, shall inform the other
party in time, and cannot get the paied fee back..
5. Design
fee and pay date:
5.1 Party
A
shall pay an aggregate of $US150,000 or 600,000 share which can be freely traded
on American stock market.
5.2 After
signing the contract, Party A shall anticipate $US30,000 of the aggregate $
US150,000; and pay the left amount within 10 working days after receiving the
revised draft and the working drawing. If using share, Party A shall pay 600,000
share within 10 working days after receiving the revised draft and the working
drawing, and Party B shall return the $US30,000 to Party A when receiving the
600,000 share.
6.
Encouragement and default provision
6.1
If he
construction investment could be saved in rational controlled number because
Party B adopts advanced technology and rational suggestion, Party B could deduct
5% from the saved investment as bonus.
6.2
If Party B cannot work or redesign because Party A did not provide concerning
design data timely and exactly, Party B could postpone the delivered date and
get redesign fee calculated with actual losing day and RMB2,000 every day paid
by Party A.
6.3
Party A pays penalty bonds according to the Bank’s regulation of delayed
payments if Party A cannot pay according to the contract.
6.4
Because of delaying the delivered date, Party B should pay the penalty bonds
to
Party A which is 3% from design fee every postponed day.
6.5
Party B should continue to perfect the design if the rework could attributed
to
his bad design and reduce or remit the design fee according to the loss. For
important quality accident produced by Party B, Party B should pay the
compensation up to direct loss at a rate of3:1.
7.
Others
This
Contract shall be effective after both parties have signed it until the total
design was finished. Any supplement must be through both parties’ negotiation
and agreement. The supplementary agreement has the equal effect but cannot
conflict with this Contract.
Any
dispute arising from the execution shall be settled through friendly
consultations between both parties. In case of no settlement can be settled
through consultations, the dispute shall be: (1)submitted for arbitration,
(1)prosecute directly to People’s Court.
This
Contract has 4 versions, each party owns 2 versions.
Party
A:
Shannxi Kai Da Lv You Gu Wen You Xxxx Xxxx Si
/s/
Lei, Xxxx
Xxx,
Ming
Party
B:
Wu, Lianshe
/s/
Wu, Lianshe
Wu,
Lianshe
Date:
September 25, 2005.
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