COOPERATION CONTRACT
FOR SETTING UP YIKOULE FRUITS AND
VEGETABLES BASE
This Contract
is signed on 4 th
, Oct., 2008 by the following
parties:
|
|
Xiamen Yijun
Modern Agriculture Development Co., Ltd, a corporation registered
in Xiamen City, Fujian Province of the People’s Republic of
China with its domicile at Xindian Township, Xiangan District of
Xiamen City (hereinafter, Party A);
|
|
|
Li Daxiao (ID
NO: 512226195212284076, address: Group 3, Santuo Village, Anping
Township, Fengjie County, Chongqing City);
|
|
|
Li Guangfu (ID
NO: 511225198006084053, address: Group 3, Santuo Village, Anping
Township, Fengjie County, Chongqing City);
|
|
|
Party B has
already been operating the existing orchard of Group 3, Santuo
Village, Anping Township, Fengjie County, Chongqing City under
Contract since October, 2007. At present, the orchard covers a real
area of 200 Mu with 14,000 fruit trees and current annual output of
1000 tons.
|
|
|
Party A and
Party B agreed to set up Yikoule Fengjie Navel Orange Cultivation
Base cooperatively based upon the said orchard.
|
Party A and
Party B reach an agreement on the following issues:
|
|
|
Party B shall
provide the contracted orchard (hereinafter, Cooperation Project)
as Party A’s “Yikoule Fengjie Navel Orange Cultivation
Base“.
|
|
|
|
Cooperation
Project is situated at Group 3, Santuo Village, Anping Township,
Fengjie County, Chongqing City, which shall be subject to the
Responsibility Management Contract entered into by Party B, the
People’s Government of Fengjie County, and Fengjie
Agricultural Bureau (for more details, please see Attachment II:
Certificates of Right to Contract and Operate Rural Land of PRC
(No. 513350023630010308 and No. 513350023630010307) issued by
Fengjie County Government in 2005.
|
Party B shall
sell the navel oranges produced at the Base under this Contract
without any change of the ownership of the cooperation project
during the cooperation period. Party A shall purchase part or all
the navel oranges yielded by the cooperation project by placing
orders. Meanwhile, Party A shall cooperate with Party B in
establishing the cooperation project by means of establishing and
promoting the brand, providing technical guidance, carrying out
marketing promotion and undertaking the responsibility of partial
sales volume of the products under Contract. Party B shall conduct
external propaganda in the name of Party A’s vegetables and
fruits Base and provide stable supply of products to Party
A.
|
|
|
The cooperation
term shall be valid from August 18 th , 2008
to January 31th, 2012 with the period from August 1
st , 2008 to February 28 th , 2009
as the adaptation period. During the adaptation period, besides
signing this Contract with Party B to make certain the cooperation
framework, Party A shall appoint its subordinates (e.g. Xiamen
Yisheng Fruits and Vegetables Operation Department, etc) to sign
Cooperation Agreement on Contracted Partial Sales Volume with Party
B. Both parties shall have the right to sign Sales Agency Agreement
with explicit terms of the responsibilities, rights and interests
related to the sales without violating the principles under this
Contract.
|
|
|
|
Both Party A
and Party B look forward to a long-term cooperation. Therefore,
both parties shall carry out further negotiation on the extension
of this Contract one month prior to the expiration of the
cooperation term.
|
|
|
|
Party
A’s Rights and Obligations
|
|
|
|
Party A shall
have the right to require the renewal of the brand or bulletin
board for the cooperation project;
|
|
|
|
Party A shall
be entitled to request Party B to carry out its external business
and promotion in the name of Yikoule Fengjie Navel Orange
Cultivation Base;
|
|
|
|
Party A shall
be entitled to get the most preferential treatment of sales price
in purchasing navel oranges produced by the cooperation
project;
|
|
|
|
Party A shall
be entitled to purchase the navel oranges yielded from the said
Base by means of placing orders. The amount of the ordered
products, means of transportation, delivery point and payment
method shall be subject to the real-time order sheets;
|
|
|
|
Party A shall
specially establish Technology Department of Navel Orange
Cultivation Base composed of advanced agricultural technicians for
providing technical guidance to the cooperation Base, which will
strictly demand Party B to use pollution-free fertilizer,
pesticide, inside and outside packages in the light of relevant
regulations issued by the state and related departments. In the
event that Party B uses insects-killing pesticide and
freshness-preserving materials which are prohibited by the state
and relevant sectors, Party B
|
|