Contracted Circulation Agreement For Fruits-bearing Land
Exhibit
10.4g
Contracted
Circulation Agreement For Fruits-bearing Land
Party
A: Xxxxx Xxxxxxx (ID No. 620123196701113713)
Party
B: Xiamen Xinyixiang Catering Distribution Co., Ltd
Through
friendly consultation, Party A and Party B have reached this Contract under the
terms and conditions set forth as follows:
1.
Area and Location of the Contracted Fruit-bearing Forest
Party A
shall subcontract the fruit-bearing land, situated at Jiangjiaying Village
Dingyuan Township Yuzhong County with an area of 138.64 mu (hereinafter referred
to as “the land for this project”), to Party B, which shall be used by Party B
as the base for cultivating fruits for exporting to abroad and high-quality
fruit species. The ownership of the contracted land belongs to the collective
and Party B shall only have the right of using this land hereto and shall not
carry out any activities of buying and selling, leasing, desolating this land or
using it as house sites.
2.
Term
The term
of this Contract shall be ten years from October 1st, 2009 to September 30th,
2019 (up to the time when all the fruits have been collected in the
year).
3.
Contract Fee and Payment
During
the land contract period, the contract fee shall be 3000RMB/mu per year with a
total amount of RMB four million one hundred and fifty-nine thousand two hundred
(￥4,159,200),
which shall be paid in three installments. Party B shall pre-pay the rental for
three years amounted to RMB one million two hundred and forty-seven thousand
seven hundred and sixty (￥1,247,760) on the
10th day
from the date of signing this Contract; and pay the rental for another three
years totaled RMB one million two hundred and forty-seven thousand seven hundred
and sixty (￥1,247,760) prior
to the October 1st, 2012 as well as the rental for the last four years added up
to RMB one million six hundred and sixty-three thousand six hundred and eighty
(￥1,663,680)
before the October 1st, 2015. In the event that Party B fails to pay the
abovementioned amount on time, it shall bear the interest arising on the overdue
amount which equals to that of the bank over the same period.
4.
Party A’s Rights and Obligations
1). Party
A shall guarantee that it has the right to sign this Contract and is entitled to
subcontract the mentioned land to Party B for cultivation under this
Contract.
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2).
During the term of this Contract, upon Party B’s requirements in respect of
cultivation, Party A shall accept Party B’s entrustment to manage the land for
this project (including, but not limited to, cutting the branches, applying
fertilizer, watering, applying pesticide, thinning the fruits, collecting,
packaging, killing insects etc, with the incurred expenses borne by Party B).
Party A shall actively assist Party B in solving problems concerning the
management of cultivation during the period of this Contract.
3).
During the contract period, Party A shall provide sound cultivation environment
and conditions for Party B on the basis of existing infrastructure, such as
facilitate the use of electricity and water; coordinate various disputes which
may arise from the implementation of this Contract; crack down on stealing,
activities of destruction which are unfavorable to carrying out this project so
as to guarantee smooth cultivation on the contracted land.
4).
During the contracted cultivation period, in case of any activity of stealing or
intentional destruction arising, Party A shall actively cooperate with Party B
in carrying out investigation and relevant losses shall be double compensated by
the one who has caused the losses hereof.
5.
Party B’s Rights and Obligations
1). Party
B shall pay the contracted fee on time in accordance with agreed
installments.
2). Party
B shall be entitled to entrust Party A to carry out the abovementioned
management activities on cultivation on the land for this project with the
production cost associated with the contracted land borne by Party
B.
3). In
the event that Party B has no intention to extend this Contract upon its
expiration, it shall inform Party A one to three months in advance and Party A
shall take back the land unconditionally.
4). Party
B shall have the right to assign its right and obligations under this Contract
to the third party provided that it has notified Party A.
6.
Default Liabilities
During
the contract period, the defaulted Party shall be solely responsible for
economic losses suffered by the other party due to the default
activities.
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7.
Dispute Resolution
In case
of any dispute arising out of or in connection with the performance of this
Contract, it shall be submitted to Xiamen Arbitration Commission for
arbitration.
8.
Other Terms and Conditions
1). This
Contract shall come into effect on the date when it’s signed (sealed) by both
parties and relevant procedures on handing over the land have been handled by
the parties hereof.
2). This
Contract is made in two copies and both parties shall hold one copy
each.
3) The
address of Party A is Xx. 000 Xxxxxxxxxxxx Xxxxxxx Xxxxxxxx Xxxxxxxx Xxxxxxx
Xxxxxx Xxxxx Xxxxxxxx; the address of Party B is the Canteen, west of 0/X, Xxxxx
X0, Xx. 00 Xxxxxxxxx Xxxx, Xiamen Torchlight (Xiang’an) Industrial Zone. In the
event that any party changes its address, it shall notify the other party of
this change in written, otherwise, it shall take the responsibility of the legal
consequences hereof.
4). The
principle shall be ‘Who invests shall have the ownership’.
Party A:
/s/ Xxxxx Xxxxxxx
ID No.:
620123196701113713
Party B
(stamped and sealed): Xiamen Xinyixiang Catering Distribution Co.,
Ltd
Representative:
/s/ Li Hong
Place of
Signature: Dingyuan Township, Yuzhong County
Date of
Signature: June 13th, 2009
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