Attached files
| file | filename |
|---|---|
| 10-Q - CHINA ELECTRIC MOTOR, INC. | v167370_10q.htm |
| EX-31.2 - CHINA ELECTRIC MOTOR, INC. | v167370_ex31-2.htm |
| EX-31.1 - CHINA ELECTRIC MOTOR, INC. | v167370_ex31-1.htm |
| EX-32.1 - CHINA ELECTRIC MOTOR, INC. | v167370_ex32-1.htm |
SHENZHEN
REAL ESTATE
LEASE
AGREEMENT
landlord
(Hereinafter referred to as Party A)
Shenzhen
Jianhuilong Industry
Co. Ltd
Addree _____________________
Post code
________________________
Deputy Xiaoming
Li
Addree _____________________
Post code
________________________
Tenant (Hereinafter referred to as Party B)
Shenzhen
Yuepengcheng Motor Co.
Ltd
Address ________________________
Post code
________________________
No. of Business
licence/ID ________________________
Deputy Enwei
Zhang
Address ____________________
Post code
___________________
In
compliance with “Contract Law of PRC” and “Regulation of Flat Leasing of
Shenzhen Municipality”, both Parties through amicable consultation on the basis
of party autonomy, equality and good faith, agree on the following terms and
conditions as to the tenancy herein:
ARTICLE 1
Party A will lease to Party B the
premises and attached facilities all owned by Party A itself, which is
located
at JIANAN
ROAD HIGH
NEW-TECH INDUSTRIAL ZONE, FUYONG COUNTRY, BAOAN DISTRICT and in good condition for Party B. The registered size of the leased
premises is __7617.99_____square meters totally 14 floors.
ARTICLE 2 The unit rent is RMB
12.5 per
square meter per month, and party B will pay the rental RMB
95225
per month to Party A.
ARTICLE 3
The first installment will be paid
before / (month) / (day) / (year).
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ARTICLE 4 Each
successive installment will be paid before ____28_____Th of each month, and Party B
should provide Tax invoices to Party A.
ARTICLE 5 The term of
tenancy of the premises is commencing from 9th (day) Oct. (month) 2009 year to 31
st (day) Dec. (month) 2010 (year).
Party A
will guarantee the lease right of the premises. Otherwise, Party A will be
responsible to compensate Party B's losses.
ARTICLE 6 The premises
is used for plant
Party B
will use the premises lawfully according to this contract without changing the
nature of the premises.
ARTICLE 7 Party A will provide
the premises on schedule to Party B for using, and conduct transferring
formalities.
In case
Party A can’t provide the premise on schedule, Party B has the right to have the
contract postponed.
ARTICLE 7 Party A should
prepared plans and specifications for the construction of improvements, and, if
so, such plans and specifications are attached hereto and incorporated herein by
reference.
ARTICLE 8 Party B will
pay ____/_____to party A as a deposit before ___/__(month) __/___(day)
____/___(year). Party A will issue a written receipt after receiving the
deposit.
ARTICLE 9 Party B will
bear the cost of utilities such as communications, water, electricity, gas,
management fee etc. on time during the lease term.
ARTICLE 10 In case the
premise and attached facilities are damaged by quality problems, natural damages
or disasters, Party A will be responsible to repair and pay the relevant
expenses.
ARTICLE 11 Party B will
not transfer the lease of the premises or sublet it without Party A's approval
and should take good care of the premises. Otherwise, Party B will be
responsible to compensate any damages of the premises and attached facilities
caused by its fault and negligence.
ARTICLE 12 Party B will
use the premises lawfully according to this contract，Party A must
guarantee the normal enjoyment of the property of Party B and shall not disturb
Party B’s normal life on the premises during the leasing period.
ARTICLE 13 Party A
agrees at its own cost, to maintain and repair the house and facilities when
damaged, which is not because of Party B.
ARTICLE 14 Party B shall
reasonably use the rented house and shall not lease or sublease the rented house
to another party without the prior consent of the Party A. Party B will take the
compensation liability if the house or equipments are damaged because of Party
B.
ARTICLE 15 The
reconstruction, extension and fitment of the premises should be negotiated by
the two parties with written agreement and apply to the authority.
ARTICLE 16 Party B shall
reasonably use the rented house and shall not lease or sublease the rented house
to another party without the prior consent of the Party A. Party B will take the
compensation liability if the house or equipments are damaged because of Party
B.
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ARTICLE 17 If during
leasing period, the whole or part of the leased property is transferred, party A
should inform party B with written notice one month in advance to the transfer.
Under the same terms Party B has the priority to purchase the premises.
Party A
shall inform Party B in time prior to the occurrence thereof and ensure the
property successors, other right owners or any other third party who might
affect Party B’s interests will continuously observe all the terms and
conditions of this agreement,
ARTICLE 18 The Agreement
will be effective upon the execution by both parties and except provided for
otherwise in the agreement, shall not be terminated or cancelled without the
mutual agreement by both parties. Both parties shall discuss any other uncovered
terms and conditions hereafter.
ARTICLE 19 Except
otherwise agreed in the agreement, if either party has not duly
performed its own obligations according to the Agreement the party shall be
viewed to have breached the contract unless the defaulting party has been
pardoned by the non-defaulting party.
Party A,
once breaching the Agreement, shall compensate Party B RMB / and
return the Security Deposit of RMB / to
Party B and Party B reserves the right to make other claims to Party
A.
If Party
B breaches the agreement, Party A will confiscate the Security Deposit of
RMB / and
reserve the right to make other claims to Party B. Party B needs to pay all the
fees of water, electricity, gas and telecommunication during the leasing period
even in both of the above situations.
ARTICLE 20 If Party B
can’t normally use the apartment because of Party A , Party A should return the
deposit to Party B at once. And, Party B has the right to ask for the
compensation from Party A.
In case
the premise and attached facilities are damaged by quality problems, natural
damages or accidents, Party A will be responsible to repair and pay the relevant
expenses. If Party A can’t repair the damaged facilities in two weeks so that
Party B can’t use the facilities normally, Party B has the right to terminate
the contract and Party A must return the deposit.
Party A
will guarantee the lease right of the premises. In case of occurrence of
ownership transfer in whole or in part and other accidents affecting the right
of lease by party B, party A shall guarantee that the new owner, and other
associated ,third parties shall be bound by the terms of this contract.
Otherwise, Party A will be responsible to compensate party B’s
losses.
ARTICLE 21 During ten days after this
contract expires, Party B should return and guarantee the good conditions of the
premises for normal use.
ARTICLE 22 If Party B
desires to renew the tenancy, subject to notifying part A at least one month
prior to the expiry of this tenancy by Party B, both Parties shall enter into a
new tenancy agreement.
Party B
will notify Party A if it intends to extend the lease. In this situation, two
parties will discuss matters over the extension. Under the same terms Party B
has the priority to lease the premises.
ARTICLE 23 During the
lease term, any party who fails to fulfill any article of this contract without
the other party’s understanding will be deemed to breach the contract. Any party
who does breach such will take relevant responsibility.
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ARTICLE 24 If the
contract remains some unperfected parts, the two parties shall negotiate in the
annex. Any annex is the integral part of this contract. And they are equally
valid.
ARTICLE 25 In event of
any dispute arising from implementing the Agreement, both parties shall settle
the dispute through amicable consultation and failing such a settlement, both
parties may refer the dispute to court.
ARTICLE 26 The Agreement
goes into effect upon signature
The two
parties should register to the authorities during the 10 days from the signature
of the contract.
ARTICLE 27 The Chinese
version of the contract will be the main reference.
ARTICLE 28 There are
four
originals of this contract. Each party will hold one original(s).
The register and the relevant department each will hold one
original(s).
Party A (seal): Shenzhen
Jianhuilong Industry Co. Ltd
Representative
Account
No
Tel
Date
Deputy
(seal) Xiaoming
Li
2009-10-09
Party B
(seal) Shenzhen
Yuepengcheng Motor Co. Ltd
Representative
Account
No
Tel
Date
Deputy
(seal) Enwei
Zhang
2009-10-09
Register
(seal)
2009-10-13
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