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EXHIBIT 10.5
Translated from the original Mandarin
Shenzhen
(Nanshan): 0102278
Contract
registration no.
Shenzhen
Real Estate Lease Agreement
Shenzhen
Lease Administrative Office
Lease
Agreement
Landlord:
Shenzhen Fengfu Real Estate Co. Ltd.
Address:
Building 10th Central (W.), Shenzhen High-Tech Park, Shenzhen,
China
Postal
code: 518057
Representative:
Address:
Postal
code:
Tenant:
SinoHub SCM Shenzhen, Ltd.,
Address:
Room B, 2cn floor, building 10th Central (W.), Shenzhen
High-Tech Park, Shenzhen, China
Postal
code: 518057
Registration
number or ID card number:
Representative:
Address:
Postal
code:
According
to Contract Law of People’s Republic of China, Real
Estate Administrative Law of Cities of People’s Republic
of China, Lease Regulations of Shenzhen Special Economic Zone,
etc., the following agreement is between the Landlord and the
Tenant.
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I.
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The
Landlord is the owner of certain premises situated at Room B &
C, 2nd floor, building 10 Central (W.), Shenzhen High-Tech Park,
Shenzhen, China, hereinafter referred to as the "Leasehold
Premises". And the Landlord is desirous of leasing the Premises to
the Tenant upon the terms and conditions as contained herein. The
total space of the Leasehold Premises is 682.05m², and the
building is 6-stories high.
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The
Landlord Shenzhen Fengfu Real Estate Co. Ltd. has a legal and
valid Real Estate Ownership certificate No.
4000014864.
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II.
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The
rent reserved by the Landlord for the Leasehold Premises for the
term herein provided shall be RMB43/m²/month, hence the
monthly rent for the Leasehold Premises shall be
RMB29,328,15.
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III.
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Upon
the due execution of this Agreement, the Tenant shall deposit with
the Landlord the sum of RMB29,328,15 on the day of July 10,
2007.
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IV.
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The
monthly rent shall be payable by the 11 th
of each month by the Tenant. While receiving the rent, the Landlord
shall issue the legal invoice to the Tenant.
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V.
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The
term for the Leasehold Premises described above is from July 10,
2007 to July 9, 2008.
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The
term agreed upon above can not exceed the year limit by which
the land is allowed to be used; the time exceeding the limit
will be regarded as invalid. Therefore, for the loss and
damage caused herein will be executed compliant with the term
both parties agreed, if no such agreements, the loss and
damage will be borne by the Landlord.
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VI.
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During
the term of the lease, the Leasehold Premises is used as office
space.
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No
part of the Premises shall be used at any time during the term
of this Agreement by the Tenant for the purpose
other than described above without the consent in written form
of the Landlord. Moreover, it must be with the approved
application to the real estate administrative departments to
altering the purpose of the Leasehold Premises.
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VII.
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The
Landlord shall submit the Leasehold Premises to the Tenant and
complete the relative procedures by July 10, 2007.
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Whereas,
if the Landlord submits the Leasehold Premises later than the
time specified
above, the
Tenant shall propose to extend the term of the agreement. Both
parties shall sign to confirm the extension and register at
the contract registration office.
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VIII.
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While
submitting the Leasehold Premises, both parties shall confirm and
specify the conditions of the Premises including its facilities,
and list in the appendix of the agreement.
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IX.
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While submitting the Leasehold Premises, the Landlord may require
the sum of one-month rent deposit, i.e. RMB29,328,15
of which is hereby
acknowledged by the Landlord. Upon receiving such deposit, the
Landlord shall issues a receipt to the Tenant.
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When
one of these conditions occurs, the Landlord shall return the
deposit to the Tenant:
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a)
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When
the agreement expires, and the Tenant does not breach the
terms;
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b)
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The
agreement is terminated due to the reason of the
Landlord.
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When
one of these conditions occurs, the Landlord shall not return
the deposit to the Tenant:
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a)
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The
Tenant terminates the agreement earlier to the expiration, or for
other reasons which lead to the termination of the
agreement;
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b)
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During
the term of the agreement, the Tenant fails to execute the
agreement on its side.
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X.
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During
the term of the agreement, the Landlord is liable to pay for the
land use fee, taxes, lease administrative fees, etc. of the
Leasehold Premises and the Tenant shall pay for the water and
electricity supply, sanitary fee, administrative fee, etc. of the
Leasehold Premises on time.
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XI.
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The
landlord shall ensure the submitted Leasehold Premises together
with its facilities can fulfill the rental purpose, and guarantee
it comply with the relative laws and regulations.
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For
the personnel and economic damage made to the Tenant caused by
the Landlord in accident or on purpose during the term of the
agreement, the Tenant shall reserve the right to require
corresponding compensation by the Landlord.
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XII.
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The
Tenant shall take in use of the Leasehold Premises and its
facilities properly and not use the Premises against the law. The
Landlord shall not interfere or prevent the Tenant from putting the
use of the Premises properly.
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XIII.
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During
the term of the agreement, if breakdown or damage occurs to the
Leasehold Premises and its facilities, not for the fault of the
Tenant, the Tenant shall inform the Landlord and take effective
measures to st
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