Lease Contract
EXHIBIT
10.9
Party A:
Xx Xxxxxx
Party B:
Tonghua Tongdetang Pharmaceutical Company
Party A
and Party B agree to conclude the contract according to the Contract Law of the
People’s Republic of China and relevant regulations.
Article
1: Status of house
1.
|
Address:
Xx. 000 Xxxxxx Xxxx, Xxxxxxx
Xxxxxx
|
2.
|
Building
area: 2448.57 square meters
|
Article
2: Term
1.
|
From
Nov. 1 of 2006 to Oct. 31 of 2011, covering 5
years.
|
2.
|
Party
B has the priority to lease the house after the contract expires, and it
shall notify Party A in advance of 6 months, and Party A shall reply
within one month after receiving the
notice.
|
Article
3: deposit
1.
|
Rent:
30000 Yuan/month for the first year; 35000 Yuan/month for the second;
40000 Yuan/month for the third year; 45000 Yuan/month for the fourth year;
50000 Yuan/month for the fifth
year;
|
2.
|
The
rent shall be paid once a
quarter.
|
Article
5: decoration
1.
|
Party
B has right to decorate the house with the permission of Party
A;
|
2.
|
Party
B shall not disobey the relevant laws when implementing the
decoration.
|
3.
|
The
main decoration structure shall not be damaged after the lease
term.
|
Article
6: House use and maintenance
1.
|
Party
A has the responsibilities to manage and protect the
house.
|
2.
|
Party
B has obligations to maintain and repair the non-natural damage of the
house.
|
Article
7: obligation f Party A
1.
|
Waterproof
handling of building cover;
|
2.
|
The
two parties shall assume the land use fees after signing the agreement,
and other fees shall be assumed by Party
B;
|
3.
|
Assist
Party B to coordinate the house heating
fees;
|
4.
|
Allow
Party b to lease part of the house, which shall be approved by Party A;
and Party B shall not use it to operate the same industry and products
with Party A;
|
Article
8: Obligations of Party B
1.
|
Party
B shall repair and maintain the damaged facilities owing to its
responsibility, and it shall assume the relevant obligations caused by
non-prompt maintenance.
|
2.
|
Pay
the rent as well as other relevant fees in
time;
|
3.
|
Party
B shall not take up the power distribution room that is used by Party
A.
|
Article
9: change of contract main part
1.
|
The
change of house ownership in the lease term cannot affect this contract.
Party B shall tell the situation of the transferred house, but it needs
not to get the approval of Party A. After transfer, the house owner
becomes Party A of the
contract.
|
2.
|
The
changed organizational institute shall continue to perform this contract
within the term.
|
Article
10: termination
1.
|
Party
A has right to terminate the contract and requires Party B to compensate
for the economic loss if one of the following situation
happened:
|
(1)
|
Party
B uses the house to take illegal
activities;
|
(2)
|
Party
B doesn’t pay the rent according to the agreed
term.
|
2.
|
Party
B has right to terminate the contract and requires Party A to compensate
for the economic loss if one of the following situation
happened:
|
(1)
|
Party
A delivers the house after one month of the regulated term in the
contract;
|
(2)
|
Party
A operates in the house of Party B without the advance notice, which
affects the normal activities of Party
B.
|
Article
11: obligations for breach of contract
Party A
will violate the contract if one of the following situations
occurred:
(1)
|
It
doesn’t comply with the contract to provide the
house;
|
(2)
|
It
violates other items of the
contract.
|
Party B
will violate the contract within 15 days after receiving the written notice of
Party A if one of the following situations occurred:
(1)
|
It
doesn’t pay the rent in
time;
|
(2)
|
It
doesn’t deliver the house in time after the contract
expires;
|
(3)
|
It
damages the house and facilities or changes the structure, which cause the
loss of Party A.
|
(4)
|
It
violates other items of the
contract.
|
Article
12: force majeure
Both
parties shall not assume the obligations if there is the force majeure, and the
relevant party shall notify the other party within 15 days after the force
majeure and provide the certificate. Within the reasonable time, the party shall
continue to perform the contract.
Article
13: applicable laws and disputes handling
Both
parties will solve the disputes arising from execution of the contract through
friendly consultation, or mediation by the related department. In case the
agreement cannot be reached, any party may resort to arbitration commission for
arbitration over the matter.
Article
14: provisions
1.
|
Any
party shall not change or revise the contract without confirmation of the
two parties;
|
2.
|
The
two parties shall use the written form to change or supplement the
contract, and make it as the attachment of the contract with the signature
and seal of two parties, with the same legal effect of the
contract;
|
3.
|
This
contract has two copies, with both parties holding one respectively, and
it will take effect after signing and
sealing.
|
Party A:
Xx
Xxxxxx Party
B: Tonghua Tongdetang Pharmaceutical Company
Oct. 25,
2008