Lease between Longhai and Xingtai Longhai Steel Group Co., Ltd., dated August 1, 2011
Exhibit 10.1
Lease Agreement
Party A: Xingtai Longhai Steel Group Co. Ltd.
Party B: Xingtai Longhai Wire Rod Co. Ltd.
Party B will lease some portion of Party As property, plant and equipment; therefore both parties, on a friendly, free and fair basis, agree to the below terms:
1. | Area of lease agreement: the land, property located 125 meters start from the south wall of Longhai Group and 724meters start from the East Wall, the total area is 90500 m2 and all wire making equipment contained. | |
2. | Lease term: the agreement will be effective for a period of 5 years, renewable at Party Bs discretion. | |
3. | Party B will have right to cease the agreement at any time with at least 30 days advance notice to Party A. | |
4. | Lease fees and payment: the annual lease fee is RMB14,000,000, payable every six months. The payment will be RMB7,000,000 per payment. The fees shall be paid before the 15th of each payment month, and the first payment should be made with 15 days of the agreement is effective. | |
5. | Both parties rights and obligations: | |
a) | Party B will have all rights to utilize the lease object, Party A cannot intervene in Party Bs operations, Party B will guarantee Party As assets security and integrity. | |
b) | If, due to Party Bs operational needs, Part A must modify or expand the facilities, Party B shall give at least 30 days advance notice to Party A. Party A shall be responsible for equipment modify fee. Party B shall be responsible for equipment maintenance fee. | |
c) | Party B shall be responsible for tax associated with the lands usage. | |
d) | Party B should make all payments on time. If due to a shortage of cash flow, Party B needs to extend the payment, Party B shall notify Party A 10 days in advance. The extension shall not exceed 2 months. | |
e) | Party Bs water expenses Party A. Party B will pay other utilities directly based on its usage directly to the supplier. | |
f) | Party A should provide free security and after support service to Party B to ensure Party Bs assets security and quality operation. | |
g) | Party A should guarantee the gas supply for Party B. And Party B should pay the bill associated with the supply. | |
h) | Party A shall issue an invoice to Party B one month from the day of the payment is received. | |
6. | Any other matters not expressly stated herein, both parties will, on and fair and free basis, execute supplemental agreements. | |
7. | This agreement will be made in two copies, and each party shall hold one copy. | |
8. | This agreement will become effective as soon as the facilities are operational. |
Party A (Seller): /s/ Xingtai Longhai Steel Group Co. Ltd.
Party B (Purchaser): /s/ Xingtai Longhai Wire Rod Co. Ltd.