Attached files
| file | filename |
|---|---|
| 8-K - ZAPNAPS, INC. | v203568_8k.htm |
| EX-3.5 - ZAPNAPS, INC. | v203568_ex3-5.htm |
| EX-2.2 - ZAPNAPS, INC. | v203568_ex2-2.htm |
| EX-3.2 - ZAPNAPS, INC. | v203568_ex3-2.htm |
| EX-2.1 - ZAPNAPS, INC. | v203568_ex2-1.htm |
| EX-3.4 - ZAPNAPS, INC. | v203568_ex3-4.htm |
| EX-10.3 - ZAPNAPS, INC. | v203568_ex10-3.htm |
| EX-10.1 - ZAPNAPS, INC. | v203568_ex10-1.htm |
| EX-10.4 - ZAPNAPS, INC. | v203568_ex10-4.htm |
| EX-10.2 - ZAPNAPS, INC. | v203568_ex10-2.htm |
| EX-21.1 - ZAPNAPS, INC. | v203568_ex21-1.htm |
| EX-10.6 - ZAPNAPS, INC. | v203568_ex10-6.htm |
| EX-10.9 - ZAPNAPS, INC. | v203568_ex10-9.htm |
| EX-10.5 - ZAPNAPS, INC. | v203568_ex10-5.htm |
| EX-10.7 - ZAPNAPS, INC. | v203568_ex10-7.htm |
| EX-10.8 - ZAPNAPS, INC. | v203568_ex10-8.htm |
| EX-99.4 - ZAPNAPS, INC. | v203568_ex99-4.htm |
| EX-99.3 - ZAPNAPS, INC. | v203568_ex99-3.htm |
| EX-10.13 - ZAPNAPS, INC. | v203568_ex10-13.htm |
| EX-10.14 - ZAPNAPS, INC. | v203568_ex10-14.htm |
| EX-10.12 - ZAPNAPS, INC. | v203568_ex10-12.htm |
| EX-10.11 - ZAPNAPS, INC. | v203568_ex10-11.htm |
Exhibit
10.10
(English
Trasnlation)
Lease
Agreement
Lessor:
Dalian Yilong Zhongkuang Mechanic Manufacture Co. Ltd.
Place:
Wafangdian City Fuzhou Town Yongfeng Village
Legal
Representative: Chunmao Zhang
Lessee:
Dalian Heavy Mining Equipment Manufacturing Co., Ltd.
Place:
Dalian City Hi-tech Industry Zone Gaoneng Street NO. 26
Legal
Representative: Lixin Wang
Based on
win-win and voluntary principle, Lessor and Lessee have agreed on the below
terms and will abide by them.
I.
Background of the premises
Lessor
will lease a 2,000 square meters factory to lessee, which is located in
Wafangdian City Fuzhou Town Yongfeng Village with the qualified right
certification No. 023078. The attached facility is a bridge crane 32/5 ton,
which can be used by Lessee.
II.
Lease term
The lease
term is three years, from January 1st, 2010
to January 1st, 2013.
The lease agreement will be terminated automatically after the lease term. If
Lessee comes up with extension of the lease agreement, Lessee should have the
priority right to renew the lease.
III.
Premises transfer
a. Lessor
has promised Lessee that Lessor will clear the premises and provide them to
Lessee on December 31st,
2009.
b. Lessee
cannot make any decorations or structure changes to the premise without getting
the written permission from Lessor. If Lessor gives the permission in writing,
any charges for decorations, structure changes or workforce should be paid by
Lessee.
VI.
Rental
a. The
rent fee is 360,000 RMB for a whole year, paid by semiannually.
b. After
Lessor and Lessee sign this lease agreement, Lessee should pay deposit of
360,000 RMB. After Lessee begins to use the premises, the deposit automatically
becomes the rental payment for first year. Each successive installment will be
paid on December 15th each
year.
c. Lessor
will issue a written receipt after receiving the payment. Any taxes should be
paid by Lessee.
V.
Occupations of the premises
The
premises can only be used for operating manufacture. The Lessee cannot use the
premises for other purposes by changing the premises. Lessee cannot deal with
any illegal and anti-rules operations.
VI.
Obligations of Lessee
a. Lessee
should act in accordance with all the laws, policies and regulations operate
legally and make use of the premises properly.
b. When
the lease agreement expires, Lessee should maintain and keep the premises and
their furniture, facilities in good tenantable condition except that the damages
are caused by unpredictable factors, such as natural damage.
c. Lessee
will bear the cost of devices, facilities repair and detecting fees during the
lease term.
d. Lessee
will bear the cost of utilities such as water electricity and door and windows
maintenance during the lease term.
VII.
Obligations of Lessor
a. Lessee
can use the premises under the condition of abiding by the lease agreement.
Lessor should promise the ordinary use without any disturbance. Also, Lessor
should guarantee the lease right of the premises.
b. Lessor
should put everything in position, such as electricity, bridge crane, even floor
and so on before December 31st, 2009
to guarantee the operation activities of Lessee.
c. The
floor in the yard has been built well and the door of premises has been
installed.
d.
Maintain the Lessee’s requirements of water and electricity.
e. Lessor
should provider Lessee with detecting report about the premises (project
quality, environment testing, fire protection and land rights).
f. Lessor
should not affect lessee because of subletting, collateral or debts during the
lease.
g. The
repair fees of rooms are paid by Lessor during the lease agreement.
VIII.
Breach of the agreement
a. Breach
by Lessor
1. Both parties should terminate the
lease agreement because of city regulation or governmental activities, which may
lead to pull down the premises. Lessor will get paid by actual days of uses by
Lessee and get non compensation from Lessee. But the compensation given by
government or businessperson to the users of the premises should give to
Lessee.
2. If Lessor breach the lease agreement
without any reasons and get back the premises or violate any terms in the lease
agreement, Lessor should pay 50% of rent to Lessee as a penalty. If the
compensation is still lower than Lessee’s loss, Lessor should add up the
compensation to the total loss of Lessee.
3. If the premises are delayed, Lessor
should pay 5‰ of annual rent per day delay as a penalty. If the premises are
delayed over 30 days, it can be considered as breach of agreement. Lessor should
compensate 20% of total rent to Lessee.
b. Breach
by Lessee
1. Lessor has the right to terminate
the lease agreement and take back the premises and Lessee should pay 50% of rent
as penalty if Lessee has one of following activities. If the compensation is
still lower than Lessor’s loss, Lessee should add up the compensation to the
total loss of Lessor.
(1) Lessee sublets or lent the premises
to any third party without prior written consent of Lessor;
(2) Lessee pulls down or changes the
structure of premises or damages the premises without prior written consent of
Lessor;
(3) Lessee changes the purpose of the
premises or act illegal activities;
2. During the lease term, if the fees
supposed to be paid by Lessee are delayed, Lessee should pay 1‰ of the fees to
Lessor as a penalty per day.
3. If Lessee violate the lease
agreement and terminate the lease before lease term, Lessee should pay 50% of
rent to Lessor as a penalty. If the compensation is still lower than Lessor’s
loss, Lessee should add up the compensation to the total loss of
Lessor.
XI. Both parties will solve
the disputes arising from execution of the contract or in connection with the
contract through friendly consultation. In case the agreement cannot be
reached， any
party may summit the dispute to the court that has the jurisdiction over the
matter.
XII. This lease agreement will
be in effect after both parties sign and seal. There are 4 originals of this
lease agreement. Each party will hold 2 original.
Lessor:
Dalian Yilong Zhongkuang Mechanic Manufacture Co. Ltd.
Representative:
/s/ Chunmao Zhang (seal)
Phone
Number:
Date: November
20th,
2009
Lessee:
Dalian Heavy Mining Equipment Manufacturing Co., Ltd.
Representative:
/s/ Lixin Wang (seal)
Phone
Number:
Date:
November 20th,
2009