Tenancy Agreement of office Contract no.: (CEN-04ZL-003)
EXHIBIT
10.3
Tenancy
Agreement of office
Contract
no.: (CEN-04ZL-003)
Party
A
(Landlord): Jinjiang
Gongcheng Management Services Co., Ltd.
Party
B
(Tenant): Expert
Network (Shenzhen) Company, Limited
Upon
consultation, Party A and Party B executed this contract on April
21, 2004,
and reached agreement on the following provisions:
| Clause 1 | The purpose of premises and the scope of rents |
|
1.
|
Party
A agrees to rent to Party B the offices at Electrical Building
located in
the city of Jinjiang together with its facility, in a total of
5 rooms and
building areas of approximately 250m2
|
|
2.
|
Party
B agrees to rent the above premises for the purpose of providing
a work
place to its staffs involved in the Jinjiang Electronic Administration
Projects. Party B shall not sublet the premises to any other third
party
or use the premises for other purposes without the consent of Party
A.
|
| Clause 2 | Provision of equipments |
|
1.
|
Party
A provides the office together with basic office equipments including
tables, central air conditioning, network and on-duty lodgings
furniture,
to Party B
|
|
2.
|
After
Party B enters into the premises, it shall inspect the equipments
provided
and sign on a list of equipments provided as a guarantee that the
use of
the equipments will be proper. If the equipments are damaged, Party
B
shall undertake the resulted maintenance
expenses.
|
| Clause 3 | Period of Lease |
|
1.
|
The
period of lease shall be from April 21, 2004 to December 31,
2006.
|
|
2.
|
If
Party B intends to renew the lease, written notice shall be received
by
Party A one month before the last day of the period of
lease.
|
| Clause 4 |
Rental
Payment
|
The
rental payment is RMB Twenty thousands only (i.e. ¥20,000.00)
each month, and the term of leases is 32 months. The total sum of this tenancy
agreement is RMB Six hundred and forty thousands only (i.e. ¥640,000.00).
| Clause 5 | Payment Method |
|
1.
|
In
view of the fact that both parties are the cooperating parties
for the
Jinjiang Electronic Administrative Construction Projects, Party
A agrees
that the rental payment in this tenancy agreement shall be deducted
from
the last installment of the Project’s construction money payable by Party
A.
|
|
2.
|
If
Party B intents to renew this tenancy agreement, the payment method
of the
rent shall be negotiated separately by the
parties.
|
| Clause 6 | Management Fee and Other Charges |
|
1.
|
Management
Fee shall be calculated by Party A according to the relevant stipulations
and collection standard set out by the Property Management Company
and the
sum shall be deducted from the last installment of the Project’s
construction money payable by Party
A.
|
|
2.
|
Party
B shall be responsible for the cleaning charges of the
premises.
|
| Clause 7 | Prohibition of transferring the lease and sub-letting |
Party
B
shall not do the following:
|
1.
|
Transferring
the lease or using the lease as
guarantee.
|
|
2.
|
Sub-letting
whole or any part of the premises to any other third party nor
to allow
any other third party to use the
premises.
|
|
3.
|
Allowing
any other third party to share the premises with Party B without
the
consent of Party A.
|
| Clause 8 | Maintenance |
|
1.
|
In
the event. that the internal declaration and the facilities inside
the
premises which belong to Party A have to be repaired or maintained,
Party
B shall inform Party A or the property management company immediately
so
that maintenance work can be arranged by Party A. Party A shall
also be
informed for any needs of maintenance on the major facilities of
the
premises.
|
|
2.
|
Party
A shall be responsible for the fees of the above mentioned maintenance,
but if the damage is caused by Party B then it shall be responsible
for
the maintenance fees.
|
2
| Clause 9 |
Changing
of original condition
|
Party
B
shall not re-decoration the premises without the consent of Party A, otherwise
Party A shall be entitled to request Party B to restore the premises to its
original condition and request compensation for damages.
| Clause 10 |
Indemnification
for damages
|
Party
B
shall indemnify Parry A, other tenants or any other third party for all the
damages that they suffered and are caused by the deliberate action or negligence
of Party B, its agents or other person related to Party B.
| Clause 11 | The exemption of Party A’s liability |
|
1.
|
In
case of earthquake, flood, or fire, theft or any damages which
arise from
the break down of the equipments but not caused by the deliberate
action
nor error of Party A, then Party A shall not be liable unless such
damages
are caused by the serious default or error of Party
A.
|
|
2.
|
Party
A shall not be liable for any damages suffered by Party B that
are caused
by the other tenants.
|
| Clause 12 | Party B’s liability |
|
1.
|
Shall
observe the rules of the building
management
|
|
2.
|
Shall
use the premises and the public area
properly.
|
|
3.
|
Shall
not do the following in the
building:
|
|
A.
|
Bring
overweighed, flammable, explosive, corrosive and other dangerous
goods
into the building or perform any dangerous activity inside the
building.
|
|
B.
|
Perform
any activity that is damaging to Party A, other tenants or the
whole
building.
|
|
C.
|
Perform
any activity that violates the national security, social order
and is
illegal.
|
| Clause 13 | The duty of notification |
|
1.
|
Notification
from both parties shall be in written
form.
|
|
2.
|
In
the event that any party has to change its name, address and
representative, it shall inform the non-changing party in writing
immediately.
|
3
| Clause 14 |
Termination
of agreement
|
This
tenancy agreement shall be terminated automatically in the event that the
whole
or part of the building is damaged by natural disaster or other force majeure,
causing the premises to be unfit for use by Party B.
| Clause 15 |
Cancellation
of the tenancy agreement
|
If
any of
the following events occur to Parry B, Party A shall be entitled to cancel
this
tenancy agreement without informing Party B. If such events caused damages
to
Party A, then Party B shall undertake the liability to compensation Party
A for
all economic losses it suffered.
|
1.
|
Breaches
the purpose of use of the premises as stipulated in Clause 1 in
this
tenancy agreement.
|
|
2.
|
Breaches
any of the provisions in this tenancy
agreement.
|
|
3.
|
Creates
nuisance to the other tenants which is strongly opposed by
them.
|
|
4.
|
Offends
the laws, regulations or being detained or prosecuted as defendant
in any
criminal prosecution, as well as being dead or declared to be
missing.
|
|
5.
|
Breaches
of trust or commits fraud.
|
|
6.
|
If
Clause 15 (2) or (5) occurs to Party A, then Party B shall b e
entitled to
cancel this tenancy agreement and Party A shall indemnify Party
B for any
loss suffered if damages is caused to Party
B.
|
| Clause 16 |
Delivery
of possession of the Premises
|
When
the
contract is terminated, Party B shall remove all its properties inside the
premises, including all equipments and material so that the premises is restored
to it original condition and upon the inspection of Party A, possession of
the
Premises shall then gained by Party A. All the expenses so incurred is to
be
borne by Party B
| Clause 17 |
Dispute
solution
|
Any
dispute arising out of the rights and obligations stipulated in this tenancy
agreement shall be resolved by the negotiation between the parties. In the
event
that the dispute is not resolved, then the matter shall be referred to the
local
court.
Note:
There are two copies of this tenancy agreement, with Party A and Party B
each
holds one copy.
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|
Party
A:
|
Jinjiang Gongcheng Management Company, Limited (sealed) |
Party
B:
|
Expert Network (Shenzhen) Services Co., Ltd. (sealed) |
|
Address:
|
South Main Street,
Jinjiang City
|
Address:
|
31St F, Development Center Building,
Renminnan Road,
Shenzhen City.
|
|
Contact
Person:
|
Fu ▇▇▇▇ ▇▇▇▇ |
Contact
Person:
|
Song Feng |
|
Contact
No.:
|
▇▇▇▇-▇▇▇▇▇▇▇ |
Contact
No.:
|
▇▇▇▇-▇▇▇▇▇▇▇ ▇ |
|
Signing
Date:
|
April 21, 2004 |
Signing
Place:
|
Jinjiang City, Fujian Province |
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