Exhibit 10.12
Shenzhen Realty Lease
Contract
Prepared by Shenzhen Realty Leasing
Administrative Office
Realty Lease Contract
The lessor
(Party A): Shenzhen Shekou Yu Er Industrial Co.,
Ltd
Address:
Floor 4, No. 38 (back building), Wanzhan Road,
Shekou,
Shenzhen
Postal
Code:
518067
Authorized
agent:
Address: __________________________________________________________
Postal Code:
_________________________
The renter
(Party B): Yinlips Digital Technology (Shenzhen) Co.,
Ltd
Address:
Room 2929, Nanguang Jiejia Building, No.3037 Shen
South-mid road, Futian District,
Shenzhen
Postal Code:
Business
License or ID No.:
440301503286076
Authorized
agent:
This realty
lease contract is entered into by and between Party A and Party B
based on “China Contract Law”, “China Real Estate
Administrative Law”, “Shenzhen Special Economic Zone
House Leasing Act” and their implementing regulations. In
consideration of the mutual covenants and agreements herein
contained, it is agreed by and between the lessor and the renter as
follows:
Article
1 Party A leases the
realty No. is
— , located at
Building 3 (Floor 3 -5), Baiwangxin Hi-tech Industrial District
1, Nanshan District, Shenzhen (hereafter
referred to as “leased realty”) to Party B. The total
area of the leased realty is 4699.71 m
2
in an five-storey
building.
The rights holder of the
leased realty is Shenzhen Shekou Yu Er Industrial Co., Ltd.
; No. of property rights certificate or name and number of other
valid documents that prove the property rights (or right to uses):
—
.
Article
2 The leasing
price is RMB18 (eighteen Yuan) per m
2 per month, and a total of RMB84,594.78 (
eighty-four thousand five hundred and ninety-four Yuan and
seventy-eight cents) .
Article
3 Party B
shall make the first payment of RMB84,594.78 ( eighty-four
thousand five hundred and ninety-four Yuan and seventy-eight
cents) by November 10, 2008 .
Article
4 Party B shall make rent payments to Party
A
(Y) before the
5 th
of every month;
( )
before the ___ date of ___ month every quarter;
( )
before the ___ date of ___ month every half
year;
( )
before ___ date of ___ month every year.
Party A shall
provide Party B taxation invoice upon receipt rentals from Party
B.
(Please choose
from one of the four above items.)
Article
5 The
lease term is from January 1, 2009 to December 31,
2013 .
The above term shall not
cover beyond the land use period, otherwise, the period beyond the
expiry of the land use period shall be deemed as invalid. Any
losses arising from the excessive period shall be handled by the
parties’ agreement; if no such agreement exists, the said
losses shall be born by Party A.
Article
6 The
leased realty is used as workshop .
Should Party B wish to
change the above use of the leased realty, it shall attain written
permission of Party A in advance. Party B shall also apply to the
property administration department for change the use before
hand.
Article
7 Party
A shall deliver the leased realty to Party B and go through the
transfer process by November 10, 2008 .
Should Party A
fails to deliver the leased realty to Party B on time, Party B has
the right to request to extend the validity period of the contract
accordingly. Both parties shall sign to confirm the revised
validity and have it registered at the registration
office.
Article
8 When
handing over the leased realty, both parties shall confirm its
conditions and its ancillary facilities and appliances, and attach
a list to the contract.
Article
9 Party A may
acquire two-month worth of rent payments as a deposit when
delivering the leased realty. This amount is equal to
RMB169,189.24 (one hundred sixty-nine thousand, one hundred and
eighty-nine Yuan and twenty-four cents) .
Party A shall provide a
receipt to Party B upon receiving a rent deposit from Party
B.
Only under all
of the following circumstances shall Party A refund the deposit to
Party B:
1.at the time
when the leased realty is restored to original conditions, and
Party A has accepted the restoration. Reasonable natural wear and
tear is permitted.
2.at the time
when the wages are settled, and the fees and costs due to
administrations concerned have been paid off.
3.at the time
when this contract expires.
( )
any one of the above requirements is met;
(Y) all the
above requirements shall be met.
(The two
parties shall choose one from the above options in their mutual
agreement. )
Under the
following circumstances, Party A will not refund the deposit to
Party B:
1. at the time
when the leased realty is not restored to original conditions, and
Party A has not accepted the restoration. Reasonable natural wear
and tear is permitted.
2.at the time
when the wages are not settled, and the fees and costs due to
administrations concerned have not been paid off.
3.at the time
when this contract does not expires.
Article
10 During the lease period, Party
A shall pay the land use fee and taxed, lease management fees
arising from the lease of property; while Party B shall pay the
water and electricity expenses, sanitation fees, property
management fees, elevator use fees and other fees arising from the
use of property.
Article
11 Party A shall ensure
that the property, its ancillary facilities and appliances meet the
requirements of the lease, and shall guarantee the security system
in place complies with all relevant laws and
regulations.
Party B has the right to
claim for personal injury or property damage in the leased realty
due to intentional or negligent act(s) of Party A.
Article
12 Party B shall use the leased
realty and ancillary facilities property. No illegal act is allowed
in the leased realty . Party A shall not interrupt Party B for the
normal and reasonable use of the leased realty.
Article
13 During the lease term,
if due to no fault of Party B, there is any natural damage or
failure of the leased realty and its ancillary facilities, Party B
shall promptly notify Party A of the defects and take appropriate
measures to prevent the further expansion; Party A shall repair the
realty or authorize Party B to repair it in five days after
being notified. If Party B is not able to notify Party A or Party A
f