EQUIPMENT LEASE AGREEMENTEquipment Lease Agreement |
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Exhibit 10.23
Equipment
Lease Agreement
This Agreement is made and entered into on February (2?),
2005 in Tai'an City,
People's Republic of China (hereinafter
referred to as "China"), by and between
the following parties:
Lessor: Shandong Shengda Technology Co.,
Ltd (hereinafter referred to as "Party
A")
Legal address: North Tip of the Economy & Trade Corridor, Xintai City. Shandong
Province
Legal representative: Chen Xiangzhi
Lessee: Shandong Bangsheng Chemical Co.,
Ltd (hereinafter referred to as "Party
B")
Legal address: No. 342, Lingshan Street, Tai'an City
Legal representative: Xu Xiqing
WHEREAS:
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(1) Party A is a company limited duly
organized, validly existing and in good
standing under the laws of the
P.R.C;
(2) Party B is a company duly
organized, validly existing and in good
standing
as a wholly foreign funded
enterprise under the laws of the P.R.C;
(3) Party B intends to lease the
Equipment owned by Party A from
Party A for
its industrial production
and operation, and Party A agrees
to lease the
relevant Equipment to Party B.
After friendly negotiation, in light of Party B's intention of leasing
Equipment
owned by
Party A referred to in
Article 1 of this Agreement
(hereinafter
referred to as "the Leased
Equipment"), the parties
enter into an agreement as
follows:
Article 1 Name and Quantity of the
Leased Equipment
For the detailed information of the
Leased Equipment, see Attachment 1 of
this
Agreement for the Evaluation
Report for the Leased Equipment
of Shangdong
Shengda Technology Co., Ltd issued by
Tai'an Zhongcheng Limited Liability CPA
Firm on November 9, 2005.
Article 2 Lease Term
1. The lease term is three years from
the effective date of this
Agreement.
Both
parties irrevocably agree that,
after the expiration date of the
leasing term,
Party B has the right to choose to extend the leasing term
for 3 more years, within which the renting fee shall be determined by the
1
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two
parties according to the Rental
Evaluation Report provided
by an
independent certified
public accountants' firm
entrusted by the
two
parties. However, the renting fee
during the extended leasing term shall be
maximumly 5% higher than that during
the previous 3-year leasing term.
2. Be that as it may otherwise stipulated,
the two parties irrevocably agree
that
Party B has the right to
terminate this Agreement
at any time;
however, Party B
should notify Party A in
writing with a three-month
advanced notice.
Article 3 Rental, Time and Mode of
Rental Payment
1. According to Attachment 1 of this
Agreement, the parties hereby agree that,
the rental under this Agreement is
RMB one million six hundred and nineteen
thousand and two hundred (1,619,200)
yuan per year. If the actual
lease
term is less than one year, Party B shall
pay the rental proportionally
according to the actual lease term
to Party A.
2. The rental shall be transferred to
the account appointed by Party A within






