Unofficial English Translation Office Building Lease Agreement
Exhibit
10.12
Unofficial
English Translation
Party A:
▇▇▇▇ ▇▇▇▇▇▇▇▇
Party B:
Beijing Agritech Fertilizer Limited
Through
the friendly negotiation, both parties agree to sign this agreement in
accordance with the terms as follows:
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1.
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Party
A leases to Part B located in ▇▇▇▇ ▇▇, ▇▇.▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇
International Business Garden, Future Business Center,Chaoyang North
Road,Chaoyang District, Beijing China. The coverage of the office building
is 780 square meters.
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2.
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The
term of the lease is five years, starting from February 01, 2007 to
February 01, 2012. (The start date of the term of the lease shall be the
date of the actual delivery of the
building.)
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3.
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The
monthly rent is ▇▇▇ ▇▇▇▇▇. The total amount of the rent is RMB 960,000/
two years; the rent shall be paid in advance on each month before 20th
till the termination of the
agreement.
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4.
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Under
the circumstance that Party B shall not alter the general landscape and
function of the building, with the prior consent of Party A, Party B may
partially alter the building.
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5.
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After
signing the agreement, Party B shall pay Party A the security deposit
amount of RMB 10,000. Upon the expiration of the lease, if Party B does
not renew the lease, Party A shall return the security deposit without
paying interests to Party B within ten business days after the lease is
expired and Party B pay off all of the expenses of water, electricity, gas
and the phone bills.
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6.
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With
regard to water, electricity and gas Party B consumes during the term of
the lease, the management company will calculate the expenses based on the
actual monthly use amount, and Party B shall pay such expenses according
to the invoices.
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7.
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During
the effective term of the lease, the rent can be
adjusted.
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8.
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During
the term of the lease, Party A assumes the rights and obligations as
follows:
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(1)
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After
signing the agreement, Party A shall not reclaim without due courses. In
the event Party A requests to reclaim during the term of the lease, Party
B is entitled to reject such requests. In case Party A unilaterally
breaches the agreement, it shall return the double amount of the security
deposit to compensate Part B.
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(2)
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Party
A shall ensure that the building and its fixtures are in good condition
when it delivers them to Party B from the starting date of the
lease.
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(3)
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Party
A shall guarantee the legality of the building and pay all and any of
governmental taxes.
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9.
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During
the term of the lease, Party B assumes the rights and obligations as
follows:
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(1)
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Party
B shall pay the rent, security deposit and all expenses in accordance with
the agreement. In case Party B defers to pay any of such within the agreed
schedule, then after thirty days, Party A is entitled to cancel the
lease.
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(2)
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After
the signing of the agreement, in the event Party B fails to pay the rent
of the initial payment period and the security deposit more than fifteen
days, Party A is entitled to cancel the
lease.
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(3)
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Without
the written consent of Party A, Party B shall not sublease part of the
apartment, or transfer the lease to the third party, nor shall Party B
share the apartment with the third party in any way. In the event the
aforesaid situations occur, Party A is entitled to cancel the
lease.
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(4)
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Except
for the existing decorations in the building, if Party B wants to increase
equipments or conduct additional decorations, it shall obtain the consent
of Party A.
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(5)
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During
the term of the lease, Party B shall strictly comply with the laws, rules
and regulations of the People’s Republic of China. Party B shall be
strictly prohibited from conducting any illegal or immoral activities by
using the office building.
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10.
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On
the start date of the lease, both parties shall inspect the building and
equipments together, and sign and perform the delivery agreement. On the
cancellation date of the lease, both parties shall inspect the building
and equipments together, and sign and perform the buildingreturn
agreement.
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11.
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Either
party shall perform its duties in accordance with this agreement. Any
dispute arising from or in connection with this agreement or any
unspecified matters shall be negotiated by both parties. In the event that
both parties fail to reach an agreement, either party may submit the
dispute to the Beijing Arbitration
Commission.
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12.
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Any
matter not specified in this agreement may be negotiated by both parties
and sign a supplement to the agreement. The supplement and this agreement
have the same legal effect and are equally binding to both
parties.
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13.
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In
the event that the natural disaster, the adjustment of the national policy
and any other event of force majeure occur, both parties shall negotiate
to reach an agreement.
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14.
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This
agreement consists two original copies, Party A and Party B holds one
respectively.
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Party
A
/s/
▇▇▇▇ ▇▇▇▇▇▇▇▇
▇▇▇▇
▇▇▇▇▇▇▇▇
Legal
Representative
February
01, 2007
Party
B
Beijing
Agritech Fertilizer Limited
/s/
▇▇ ▇▇▇▇▇
Legal
Representative
February
01, 2007