Exhibit 10.9
(ENGLISH TRANSLATION)
SHEN (South): 0110898
Contract Registration (Filing)
No.:
Shenzhen Municipal Real Estate
Lease Contract
Shenzhen Municipal Real Estate Lease Management
Office Draws Up
Real Estate Lease Contract
Registration (Filing) Instructions
1.
Files required for the Real Estate
Lease Contract Registration (Filing):
1.1.
Certificate of title for the real
estate or any other effective certificates which could approve the
property title (or right to use) (Please provide the original and
the copy);
1.2.
Identification papers of both the
lesser and the lessee or legal certificates of title
C include: 1.21. Company:
The
establishment paper of the company or Business License (Please
provide the original and the copy);
Legal
representative Identification papers (Original);
Legal
representative ID card (Please provide the original and the copy)
and the original authorization letter (The authorization letter of
person abroad involved should be notarized or certified according
to the regulations.).
1.22.
Individual
ID card
of the lesser or legal certificates of title (Please provide the
original and the copy);
If the
real estate on lease is for residential usage and the lessee is a
woman in nurturing age (from age 20 to age 49), the certificate of
marriage and nurture for recurrent population qualified by the
relative residential town (street) birth control committee should
be provided.
1.3.
If the real estate is authorized to
be managed by an agent, the authorization letter and the
identification paper of the managing agent should be provided. If
the real estate is owned by more than one person, a proof of
agreeing for lease and authorization letter signed by all the
owners should be provided.
1.4.
The Real Estate Lease
Contract
2.
Illustrations for the Real Estate
Lease Contract Registration:
According to the regulations of the clause 6 and
clause 7.2 of Regulations of Shenzhen Special Economic Zone on
Lease of Houses, if the house on lease could not be registered
according to the regulations, the person involved should hold
related files for the house on lease and the identification papers
of the person involved to register filing to the competent
authority of the district.
The Real Estate Lease Contract
The Lesser (Party A): Shenzhen
Shunping Industrial Co.,
Ltd
Address: Floor 8, Labour Building, Nanshan District,
Shenzhen
Post Code:
518050
Authorized Agent:
Address:
Post Code:
The Lessee (Party B): Shenzhen
Skyrise Technology Co.,
Ltd.
Address: 4f, Bldg. 3, Maqueling, Middle Area Of High And New
Tech. Industry Park, Nanshan, Shenzhen, Guangdong, China
Post Code:
518050
Business License No. or ID No.:
Authorized Agent:
Address: Post Code:
In accordance with the Contract
Law of the People’s Republic of China, Law of the
People’s Republic of China on Administration of the Urban
Real Estate, Regulations of Shenzhen Special Economic Zone on Lease
of Houses and the related rules for the implementation, Party A and
Party B have reached an agreement through friendly consultation to
conclude the following contract.
1.
Party A leases the real estate
located in the 4 th floor M-3, Maque Ling Industrial
District Road, Nanshan District, Shenzhen ( hereafter to be
referred as "the Real Estate on Lease" ) to Party B for use. The
Real Estate on Lease has an building area of total 1890
square meters, and total 5 floors.
The
Obligee of the Real Estate on Lease: Shenzhen Shunping
Industrial Co., Ltd ;
The
real estate title or the name and number of other valid
certificates proving the title (the right to use): No. 1363.
1364 of ShenNanLawExecution.
2.
The rent per square meter per month
for the Real Estate on Lease is RMB35.00 (Capitalization:
THIRTY-FIVE CHINESE YUAN).
3.
Party B should pay the first
month’s rent before the date June 30 th 2008
, the amount is RMB66150.00 (Capitalization: SIXTY-SIX
THOUSAND ONE HUNDRED AND FIFTY CHINESE YUAN).
4.
Party B should pay the
rend:
þ
Before 30th of every
month.
Before ____ of the ____ month of every
quarter.
Before ____ of the ____ month of every half
year.
Before ____ of the ____ month of every
year.
And
Party A should provide tax invoice to Party B upon receiving the
rent from Party A. (Please choose one of the above options and tick
off to the chosen one)
5.
Party B’s lease term for the
real estate is from June 15 th 2008 to June 14
th 2011 . The above lease term could not exceed the
approved land usage term, the exceeding part is invalidate. And the
damage caused should be settled according to pre-agreed clause if
there was such clause. And if there was not such clause, Party A
should afford the damage.
6.
The usage of the Real Estate on
Lease: Factory building .
If
Party B uses the Real Estate on Lease for other purpose, Party B
should have Party A’s written permission and get approval
from the competent real estate authority.
7.
Party A should provide the Real
Estate on Lease for Party B to use before June 15 th
2008 , and handle all the related transfer
procedures.
If
Party A provides the Real Estate on Lease for Party B to use later
than the above date, Party B could require postponing the contract
term accordingly, both Parties should confirm by written signature
and provide it to the contract registration authority for
filing.
8.
When Party A provides the Real
Estate on Lease for Party B to use, both Parties should confirm the
status of the Real Estate on Lease and related auxiliary facilities
and list the details in the appendix.
9.
Party A could collect lease deposit
equals to one month’s rent which is RMB 66150.00
(Capitalization: SIXTY-SIX THOUSAND ONE HUNDRED AND FIFTY YUAN)
when Party A provides the Real Estate on Lease for Party B to
use.
Party
A should provide receipt to Party B when Party A collects the lease
deposit from Party B.
Party
A should refund the lease deposit to Party B under below
conditions:
1.
The term of this contract has come to an end.
2.
Party B has paid all the rent and fees during the lease
term.
3.
Only fulfill one of the above
conditions.
þ
Should fulfill all the above
conditions.
(Both
Parties should select the same option of the above two, and tick
off before the chosen one)
Party
A needs not to refund the lease deposit to Party B if there occurs
any of the below circumstances:
1.
2.
3.
10.
During the lease term, Party A is
responsible for the land usage fee of the Real Estate on Lease, tax
and management fee due to the real estate leasing, and / fee
; Party B is responsible for on-time payment for water and
electricity fee, cleaning fee, building managing fee and
elevator maintenance fees etc which incurred by using the
Real Estate on Lease.
11.
Party A should ensure that the Real
Estat
