EMPLOYMENT
AGREEMENT
Employer (Party
A): Xi'an Xilan Natural Gas, Co., Ltd.
Employee (Party
B): Ji Qinan
In accordance
to the provisions of the Law of the People's Republic of China on
Employment Contracts and other relevant laws and regulations, the
Parties enter into this agreement on the basis of equality,
voluntariness and consensus.
According to
its working needs, Party A retains Party B to serve as the Chairman
of the Board of Directors. Party B shall complete timely the work
assigned by Party A, as requested by Party A.
2. Duration of
the Agreement
The Parties
choose to Clause 2.2 set forth below regarding the duration of this
agreement.
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The Agreement
is in non-fixed term. It shall be effective on May 10th, 2005, and
would not be terminated until the occurrence of the circumstances
specified by the parties.
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3. Working
time, Salary and Benefits
3.1 According
to the nature of Party B's work, the Parties choose to follow
System A (i.e. the Regular Working Hour System) as Party B's
standard working hour.
A. Regular
Working Hour System
B. Irregular
Working Hour System
C. Flexible
Working Hour System
3.2 The salary
of Party B is USD $1,250 per month.
3.3 Party A
shall pay Party B, in monetary form, Party B's salary for the
previous month on the twentieth days of each month. Party A shall
not skimp, or delay the payment of wages without due
reasons.
3.4 Party A has
a duty to optimize company's wage growth mechanism based on the
Company's development.
4. Rights and
Obligations of Party A:
4.1 Party A
shall provide Party B with working conditions that satisfy national
safety and sanitation standards, and with necessary labor
protection supplies.
4.2 Party A
shall supervise and assess Party B's work regularly.
4.3 Party A may
change Party B's position due to Party A's business or Party B's
actual conditions. The salary for the new position should be agreed
by both parties, and conformed to the salary standard of the new
position.
4.4. Party A
may award, or punish Party B, according to Party B's work attitude,
performance, or work capabilities, pursuant to related laws and
regulations.
4.5 Party A
shall propagandize and educate Party B, regarding the laws,
policies, and Party A's regulatory rules, and shall provide
professional trainings to Party B, pursuant to related
regulations.
5. Rights and
Obligations of Party B:
5.1 Party B
shall have all the rights necessary to fulfil its
duties.
5.2 Party B
shall have the right to receive compensation and benefits, for its
work.
5.3 Party B
shall adhere to the safety rules strictly during its work. If the
management of the Company gives directions violating relevant
safety regulations and unduly orders Party B to work at risk, Party
B has the right to refuse the execution of such directions or
orders, and to criticize, impeach and accuse such
actions.
5.4 Party B
shall have the right to appeal the unjust evaluation or treatment,
pursuant to proper procedures.
5.5 Party B
should obey the administration and assessment by Party A, perform
its duty diligently, and fully complete the work assigned by Party
A.
5.6 Party B
shall take good care of the properties of Party A, and shall keep
strictly the business secrets of Party A. It shall not divulge the
information to any person, during and after the working period.
Party A shall specify persons who may know the secrets, and take
proper measures to keep the confidentiality of such information. If
the confidential information was revealed due to Party B's fault,
and caused Party A's loss of interests or other undesirable
consequences, Party B shall be responsible for all the loss of
Party A. Criminal liability may be pursued.
The "business
secrets" of Party A include:
1) financial
information and company documents that are not yet disclosed to the
public;
2) crafts,
technological achievements, or other core technology that are not
known to the public;
3) operational
data and information of the company and its branches;
4) other
confidential information.
5.7 Party B
shall comply with the laws, regulations and policies of China, and
with the regulatory rules made by Party A in accordance with labor
laws and regulations. Party B shall be loyal to the
company.
5.8 Party B
shall work diligently, and safeguard the honors and interests of
the company consciously.
6. The
Alteration and Termination of the Agreement
6.1 The
Alteration: Both parties may request to amend the provisions of
their employment agr