Attached files
| file | filename |
|---|---|
| 8-K - Xtreme Link, Inc. | v196079_8k.htm |
| EX-99.17 - Xtreme Link, Inc. | v196079_ex99-17.htm |
| EX-2.1 - Xtreme Link, Inc. | v196079_ex2-1.htm |
| EX-3.3 - Xtreme Link, Inc. | v196079_ex3-3.htm |
| EX-99.8 - Xtreme Link, Inc. | v196079_ex99-8.htm |
| EX-99.7 - Xtreme Link, Inc. | v196079_ex99-7.htm |
| EX-99.6 - Xtreme Link, Inc. | v196079_ex99-6.htm |
| EX-99.9 - Xtreme Link, Inc. | v196079_ex99-9.htm |
| EX-99.2 - Xtreme Link, Inc. | v196079_ex99-2.htm |
| EX-99.3 - Xtreme Link, Inc. | v196079_ex99-3.htm |
| EX-99.1 - Xtreme Link, Inc. | v196079_ex99-1.htm |
| EX-99.4 - Xtreme Link, Inc. | v196079_ex99-4.htm |
| EX-99.5 - Xtreme Link, Inc. | v196079_ex99-5.htm |
| EX-99.14 - Xtreme Link, Inc. | v196079_ex99-14.htm |
| EX-99.16 - Xtreme Link, Inc. | v196079_ex99-16.htm |
| EX-99.12 - Xtreme Link, Inc. | v196079_ex99-12.htm |
| EX-99.13 - Xtreme Link, Inc. | v196079_ex99-13.htm |
| EX-99.11 - Xtreme Link, Inc. | v196079_ex99-11.htm |
| EX-99.15 - Xtreme Link, Inc. | v196079_ex99-15.htm |
Exhibit
99.10
(Unofficial English
Translation)
Oil
Depot Lease Agreement
Party A:
Shaanxi Wanjie Trade Co., Ltd. (hereafter referred to as “Party
A”)
Party B:
Xi’an Orient Petroleum Group Co., Ltd. (hereafter referred to as “Party
B”)
This
Lease Agreement (the “Agreement”) is
entered into by and between the above parties in connection with the lease of
oil depot owned by Party A, pursuant to the Economic Contract Law and other
relevant laws and regulations, based on the principles of good faith, equality
and mutual benefit, through consultation between the parties.
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I.
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Object
of Lease
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Party A
agrees to lease its oil storage depot and related facilities (the “Property”) located on
the premises of the 533 Office of the State Reserves Bureau to Party
B.
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II.
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Lease
Term, Price and Payment Date
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1.
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The
lease term is fifteen years, starting from April 1, 2008 to March 31,
2023.
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2.
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The
facilities covered by this lease include oil tanks (4 vertical tanks with
a volume of 1,095 cubic meters each; 8 horizontal tanks with a volume of
150 cubic meters each; and 6 train tanks with a volume of 70 cubic meters
each), flowlines, loading platforms, plants, offices (except that two
offices are remained in use by Party A), graphics and
documentations.
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3.
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The
rent of the oil depot is 650,000 RMB per
year.
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4.
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Upon
execution of the Agreement, Party B shall make a one-time payment of
700,000 RMB to Party A. Party B shall pay an amount of 600,000RMB as the
rent for the second year by August 30,
2008.
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III.
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Management
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1.
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During
the lease term, Party B shall comply with Party A’s policies in connection
with managing the Property and strictly follows the procedures of handling
oil products. Party B shall place staff in charge of security and fire
control of the Property. Party B shall also comply with laws and
regulations on business and tax and shall undertake any civil, criminal or
economic liabilities arising from economic damages, personal injuries,
illegal conducts or safety issues related to the
Property.
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2.
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The
types of oil products that Party B can store in the Property are limited
to residual oil, lubricating oil, gas oil, fuel oil, methanol and
gasoline. Party B shall not store poisonous oil or corrosive oil that does
not meet the national standard.
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3.
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During
the lease term, Party A shall pay the water and electricity expenses of
the Property on a quarterly basis. Party B shall reimburse such expenses
to Party A.
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4.
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Upon
the execution of the Agreement, the parties shall process the transfer of
the Property. The parties shall sign a check list of all properties and
facilities on lease. Upon the expiration of the lease, Party B shall
return all properties and facilities on the check list to Party
A.
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5.
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During
the lease term, Party B shall not change, remove or sell any Property
without Party A’s prior consent. If Party B needs to reconstruct any
facilities as needed for production activities, Party B shall submit a
reconstruction plan in writing to Party A and may start the reconstruction
only if Party A consents to the
plan.
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6.
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Upon
expiration of the lease, Party B may transfer any increased fixed assets
(such as facilities added to the Property by Party B) for a price
equivalent to the value of the net fixed assets of the facilities
excluding depreciation. Party B shall remove any removable added
facilities. Party A shall take over without condition any non-removable
added facilities.
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7.
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During
the lease term, if Party A needs to use the loading platform in the
Property, Party A shall consult with Party B one week in advance in terms
of management fee and method of
use.
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IV.
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Placement
of Employees
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1.
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Party
B shall place two full time employees to work in the Property during the
lease term.
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2.
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Party
B shall have the right to dismiss Party A’s employees who are working in
the Property if the employee violates any rules or policies of Party
B.
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V.
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Miscellaneous
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1.
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One
month upon the execution of the Agreement, Party A shall complete the
execution of a Railway Sharing Agreement on behalf of Party B in
connection of Party B’s use of the Railway 103. The shipping names of
Party B’s oil products are residual oil, lubricating oil, gas oil, fuel
oil, methanol and gasoline. If Party A fails to complete the execution of
the Railway Sharing Agreement within the agreed time period, this
Agreement shall terminate and Party A shall refund the
rent.
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2.
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Party
A shall be solely responsible for any liabilities or debts generated prior
to the execution of this Agreement.
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VI.
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Termination
of the Agreement
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1.
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Any
party shall not unilaterally terminate the Agreement except for in the
occurrence of a force majeure event (such as government expropriation,
outbreak of war, government action and natural
disasters).
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2.
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If
Party A intends to sell the Property, Party B shall have the priority to
purchase the Property with equivalent offer to other potential buyers. If
Party B waives the priority to purchase, Party A has the right to
terminate the Agreement. If Party A terminates the Agreement, Party A
shall refund the rent of the remaining lease term and compensate Party B
an amount of no less than 5% of the annual
rent.
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3.
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Party
A has the right to terminate the Agreement if Party B fails to pay the
rent within the agreed period of
time.
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4.
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Party
B may renew the Agreement one month before the expiration date of the
Agreement. Upon renewal, Party B shall make a one-off rent payment. If no
renewed lease is signed by the parties, Party B shall return the Property
to Party A according to the checklist within 10 days upon expiration of
the Agreement.
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VII.
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Breach
of Agreement
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Any party
who breaches the Agreement shall pay a damage equivalent to 10% of the paid
annual rent to the non-breaching party.
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VIII.
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Dispute
Resolution
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The
parties shall resolve the unsettled matter through consultation. If no
resolution can be reached through consultation, the parties may submit the
dispute to a court.
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IX.
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Effectiveness
|
This
Agreement is executed into four duplicates. Each party shall hold two
duplicates. Party B shall complete the first payment of rent within 8 days from
the signing date of the Agreement and Party A shall issue a lease invoice to
Party B upon receipt of the payment. Party A shall prepare relevant
documentations for the transfer of Property and make the Property available for
Party B’s use on April 1, 2008.
Party A:
Shaanxi Wanjie Trade Co., Ltd (signature & seal)
Party B:
Xi’an Orient Petroleum Group Co., Ltd. (signature & seal)
March 24,
2008