{"id":39744,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/employment-and-non-competition-agreement-unitech-telecom-inc4.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"employment-and-non-competition-agreement-unitech-telecom-inc4","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/compensation\/employment-and-non-competition-agreement-unitech-telecom-inc4.html","title":{"rendered":"Employment and Non-Competition Agreement &#8211; Unitech Telecom Inc. and Bill Huang"},"content":{"rendered":"<pre>\n                                UNITECH TELECOM, INC.\n\n                       EMPLOYMENT AND NON-COMPETITION AGREEMENT\n\n\n     This EMPLOYMENT AND NON-COMPETITION AGREEMENT ('Agreement'), dated as of \nthe 6th day of October, 1995, is entered into by and between Unitech Telecom, \nInc., a Delaware corporation ('Unitech'), and Bill Huang ('Employee').\n\n                                       RECITALS\n\n     A.   Employee has been employed as an employee of Unitech Telecom, Inc., \na Delaware corporation('Unitech'); and\n\n     B.   Unitech, StarCom and certain other parties have entered into an \nAgreement and Plan of Reorganization, dated as of September 28, 1995, (the \n'Reorganization Agreement'), which requires, among other things, that \nEmployee enter into this Agreement in connection with the merger of a wholly \nowned subsidiary of Unitech into StarCom (the 'Merger') pursuant to which \nStarCom will be the surviving corporation in the Merger and a wholly owned \nsubsidiary of Unitech (such surviving corporation being hereinafter referred \nto as 'StarCom'), all as more fully described in the Reorganization Agreement.\n\n     NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as\nfollows:\n\n1.   EMPLOYMENT.\n\n     (a)  EMPLOYMENT.  During the Employment Term (as hereinafter defined)\nUnitech hereby employs Employee as its VP China Operations upon and subject\nto the terms and conditions set forth in this Agreement.  Employee hereby agrees\nto accept such employment, upon and subject to the terms and conditions set\nforth in this Agreement.\n\n     (b)  DUTIES.  Effective upon the date hereof, Employee will perform all \nof the services customarily associated with the position of VP China \nOperations during the Employment Term, subject to the policies established by \nand the direction of the Board of Directors and Chief Executive Officer of \nUnitech. Employee also agrees to perform such other duties and \nresponsibilities consistent with such position as the Board of Directors or \nthe Chief Executive Officer of Unitech may assign to him from time to time \nduring the Employment Term. During his Employment Term (as defined in \nsubsection (c) below), Employee shall carry out his duties\n\n\n\nand responsibilities hereunder in a diligent and competent manner and shall\ndevote substantially all of his business time, attention and energy thereto.\n\n     (c)  EMPLOYMENT TERM.  Employee's employment hereunder (the 'Employment\nTerm') shall commence on the date hereof.  Such employment shall be 'at will'\nemployment pursuant to applicable law.  If Employee's employment terminates for\nany reason other than (i) voluntary termination by Employee, (ii) termination as\na result of death or disability, or (iii) termination for Cause (as defined in\nSection 5(a)), Employee shall be entitled to sixty (60) days notice of\ntermination.\n\n     (d)  PLACE OF EMPLOYMENT.  During the Employment Term, Employee shall \nrender his services at a Unitech facility. Employee shall do such traveling \nas shall be reasonably necessary in connection with his duties and \nresponsibilities hereunder.\n\n     (e)  Employee agrees to devote substantially all of his business time,\nattention and energy to the performance of his duties under this Agreement\nduring the Employment Term and shall perform such duties diligently, in good\nfaith and consistent with the best interests of Unitech.\n\n2.   COMPENSATION.\n\n     (a)  SALARY.  During the Employment Term, Employee will receive a salary \nof not less than $7,500 per month ($90,000 per annum), which shall be paid in \naccordance with Unitech's normal payroll practice and shall be subject to \nreview based upon Unitech's normal performance review practices.  Unless \notherwise specified herein, Unitech will make such deductions, withholdings \nand other payments from all sums payable pursuant to this Agreement which \nEmployee requests or which are required by applicable law for taxes and other \ncharges. Unitech shall, in addition to Employee's salary, reimburse Employee \nfor all ordinary and necessary out-of-pocket expenses incurred by him in the \nperformance of his services under this Agreement, subject to and upon receipt \nby Unitech of invoices or other documentation in support thereof in \naccordance with Unitech's policies regarding reimbursement of expenses.  \nEmployee shall be entitled to receive such bonus as shall be approved by the \nBoard of Directors of Unitech in each year during the Employment Term.\n\n     (b)  BENEFIT PLANS.  Employee will be entitled to participate in or \nreceive benefits under Unitech's employee benefit plans and policies as in \neffect from time to time in which Employee is eligible to participate, \nsubject to the applicable\n\n\n                                         -2-\n\n\nterms and conditions of the particular benefit plan.  These benefit plans may \ninclude health care, life insurance, accidental death and disability, short- \nand long-term disability, stock options, savings and\/or bonus plans provided \nby, through or on behalf of Unitech.  Unitech may change, amend, modify or \nterminate any benefit or bonus plan from time to time.\n\n     3.   CONFIDENTIALITY AND PROPRIETARY INFORMATION AGREEMENT.  Concurrently\nwith the execution of this Agreement, Unitech and Employee will execute the\nConfidentiality and Proprietary Information Agreement ('Confidentiality\nAgreement') in the form attached hereto as Attachment 1.\n\n     4.   COVENANT NOT TO COMPETE.\n\n          (a)  NON-COMPETE.  In consideration of his employment, Employee \nagrees that so long as he is an Employee of Unitech and, in the case of \nEmployee's termination of employment with Unitech, two (2) years from the \ndate of termination, Employee will not directly or indirectly engage in \n(whether as an employee, consultant, proprietor, partner, director or \notherwise), or have any ownership interest in, or participate in the \nfinancing, operation, management or control of, any person, firm, corporation \nor business that engages in a 'Restricted Business' in a 'Restricted \nTerritory' (as such terms are herein defined).  It is agreed that ownership \nof no more than 1% of the outstanding voting stock of a publicly traded \ncorporation shall not constitute a violation of this provision.  It is also \nagreed that this provision shall not apply if the Employee's termination of \nemployment with Unitech is due to (i) a breach by Unitech of the terms of \nthis Agreement as adjudicated by a court of competent jurisdiction (except \nfor a failure of Unitech to pay Employee's salary as provided in Section 2(a) \nhereof which, for these purposes, will not require such adjudication) or (ii) \na final adjudication of Unitech as a bankrupt under any federal or state law.\n\n          (b)  NON-SOLICIT.  Employee agrees that until the later to occur of \n(i) the termination of Employee's agreement not to compete pursuant to \nSection 4(a) above (ii) 2 years following the termination of Employee's \nemployment with Unitech, Employee shall not solicit, encourage, or take any \nother action which is intended to induce any other employee of Unitech or \nStarCom to terminate his employment with Unitech.\n\n\n                                         -3-\n\n\n          (c)  SEVERABILITY.  The parties intend that the covenants contained in\nthe preceding paragraphs shall be construed as a series of separate covenants,\none for each county, city, state and other political subdivision of the\nRestricted Territory.  Except for geographic coverage, each such separate\ncovenant shall be deemed identical in terms to the covenant contained in the\npreceding paragraphs.  If, in any judicial proceeding, a court shall refuse to\nenforce any of the separate covenants (or any part thereof) deemed included in\nsaid paragraphs, then such unenforceable covenant (or such part) shall be deemed\neliminated from this Agreement for the purpose of those proceedings to the\nextent necessary to permit the remaining separate covenants (or portions\nthereof) to be enforced by such court.  It is the intent of the parties that the\ncovenants set forth herein be enforced to the maximum degree permitted by\napplicable law.\n\n          (d)  REFORMATION.  In the event that the provisions of this Section 4\nshould ever be deemed to exceed the scope, time or geographic limitations of\napplicable law regarding covenants not to compete, then such provisions shall be\nreformed to the maximum scope, time or geographic limitations, as the case may\nbe, permitted by applicable laws.\n\n          (e)  REMEDIES.  The Employee hereby acknowledges that the covenants\nand restrictions contained in this Section 4 are necessary for the protection\nof Unitech's business and goodwill and are considered by the Employee to be\nreasonable.  Accordingly, the Employee hereby acknowledges and agrees that\nany actual or threatened breach of any of the provisions of such Paragraph 4\nmay cause irreparable harm to Unitech and may not be remediable by an action\nat law for damages and, therefore, Unitech shall be entitled to seek, as a\nnon-exclusive remedy, in any court of competent jurisdiction, all equitable\nremedies therefor, including, without limitation, a temporary or permanent\ninjunction or specific performance of the provisions hereof, without the\nnecessity of showing any actual damage or that monetary damages would not\nprovide an adequate remedy at law or posting a bond therefor.\n\n               The Employee covenants and agrees that, if the Employee shall \nviolate the foregoing non-compete covenant,  Unitech shall be entitled to an \naccounting and repayment of all profits, compensation, commissions, \nremunerations, benefits or other payments which the Employee directly or \nindirectly has realized and\/or may realize as a result of, growing out of or \nin connection with any such violation.  Such remedy shall be in addition to \nand not in limitation of any injunctive relief or other rights or remedies to \nwhich Unitech may be entitled at law or in equity or under this Agreement.\n\n     5.   Employee agrees that he shall not knowingly and intentionally \ninterfere in any manner with the contractual or employment relationship \nbetween Unitech or StarCom and any employee, supplier or customer of Unitech.\n\n     6.   DEFINITIONS.  As used in this Agreement, the following terms shall\nhave the following meanings:\n\n\n                                         -4-\n\n\n          (a)  'Cause' shall mean:\n\n               (i)    Employee's continued failure to perform his duties and\nresponsibilities in good faith to the best of his ability after notice thereof\nfrom Unitech to Employee;\n\n               (ii)   Employee personally engaging in knowing and intentional\nillegal conduct;\n\n               (iii)  Employee being convicted of a felony, or\ncommitting an act of dishonesty or fraud or misappropriating property;\n\n               (iv)   Employee knowingly and intentionally breaching in any\nmaterial respect the terms of this Agreement or the Confidentiality Agreement;\nor\n\n               (v)    Employee's commencement of employment with another\nemployer while he is an employee of Unitech.\n\n          (b)  'Restricted Business' shall mean PHS-based wireless local loop,\noptical multiplexers, and the intelligent networking business, including\nproducts and\/or services related to the StarCom Network Systems intelligent\nservices platform.  Notwithstanding the foregoing, the Restricted Business shall\napply only to products and services relating to such businesses which are in\ndirect competition with Unitech and\/or StarCom.\n\n          (c)  'Restricted Territory' shall mean the counties, cities and states\nof the United States of America and the country of and each political\nsubdivision of Canada, Australia, Japan, Taiwan, People's Republic of China,\nHong Kong, Korea, Singapore, Thailand, each member nation of the European\nCommunity or the European Free Trade Association, and all other geographic areas\nthroughout the world.\n\n     7.   REPRESENTATIONS OF EMPLOYEE.  Employee represents that:\n\n          (a)  he (i) is familiar with the covenants not to compete and not to\nsolicit set forth in this Agreement, (ii) is fully aware of his obligations\nhereunder, including, without limitation, the length of time, scope and\ngeographic coverage of these covenants, (iii) finds the length of time, scope\nand geographic coverage of these covenants to be reasonable, and (iv) is\nreceiving specific, bargained-for consideration for his covenants not to compete\nand not to solicit;\n\n          (b)  the execution of this Agreement and the Confidentiality and\nProprietary Information Agreement, and the performance of Employee's obligations\nhereunder and there-\n\n\n                                         -5-\n\n\nunder, will not conflict with, or result in a violation or breach of, any\nother agreement to which Employee is a party or any judgment, order or decree\nto which Employee is subject.\n\n     8.   ASSIGNMENT.  This Agreement may not be assigned by Employee without\nthe written consent of Unitech.  This Agreement may not be assigned by Unitech\nwithout the written consent of Employee, except to an assignee who acquires all\nor substantially all of the business of Unitech, whether by merger,\nconsolidation, sale of assets or otherwise.  Unitech will require, as a\ncondition of any such assignment, that any such assignee assume and agree in\nwriting to perform this Agreement in the same manner and to the same extent that\nUnitech would be required to perform if no such succession had taken place.\n\n     9.   ENTIRE AGREEMENT.  This Agreement sets forth the entire agreement and\nunderstanding between Employee and Unitech with respect to the subject matter\nhereof, and supersedes any other negotiations, agreements, understandings,\nrepresentations or past or future practices, whether written or oral.\n\n     10.  NOTICES.  Any notice, report or other communication required or\npermitted to be given hereunder shall be in writing to the other party and shall\nbe deemed given on the date of delivery, if delivered, or five days after\nmailing, if mailed first-class mail, certified, postage prepaid, to the\nfollowing addresses:\n\n          (a)  If to Unitech:\n\n               Unitech Telecom, Inc.\n               333 Hegenberger Road, Suite 328\n               Oakland, CA 94621\n               Attention:  President\n\n               with a copy to:\n\n               Wilson, Sonsini, Goodrich &amp; Rosati\n               650 Page Mill Road\n               Palo Alto, CA 94304-1050\n               Attention:   Marcia K. Sterling, Esq.\n\n          (b)  If to Employee:\n\n               _____________________________________\n               _____________________________________\n               _____________________________________\n\n\n                                         -6-\n\n\n          (c)  With a copy to:\n\n               _____________________________________\n               _____________________________________\n               _____________________________________\n\n\n(or to such other address as any party hereto may designate by notice given as\nherein provided).\n\n     11.  GOVERNING LAW.  This Agreement shall be governed by and construed and\nenforced in accordance with the laws of the State of California without giving\neffect to principles regarding conflict of laws.\n\n     12.  AMENDMENTS.  This Agreement shall not be changed or modified in whole\nor in part except by an instrument in writing signed by each party hereto, nor\nshall any covenant or provision of this Agreement be waived except by an\ninstrument in writing signed by the party against whom enforcement of such\nwaiver is sought.\n\n     13.  EFFECTIVE DATE.  This Agreement shall become effective upon the\nEffective Time of the Merger.\n\n     14.  ATTORNEYS' FEES.  In the event of any legal action or proceeding to\nenforce or interpret the provisions hereof, the prevailing party shall be\nentitled to reasonable attorneys' fees, whether or not the proceeding results in\na final judgment.\n\n     15.  COUNTERPARTS.  This Agreement may be executed in several counterparts,\neach of which shall be an original, but all of which together shall constitute\none and the same agreement.\n\n     16.  EFFECT OF HEADINGS.  The section headings herein are for convenience\nonly and shall not affect the construction or interpretation of this Agreement.\n\n     17.  DEFINITIONS.  All capitalized terms used herein shall have the meaning\ndefined in the Reorganization Agreement, unless otherwise defined herein.\n\n     18.  DELAYS OR OMISSIONS.  No delay or omission to exercise any right,\npower or remedy accruing to either party upon any breach or default of the other\nparty hereto shall impair any such right, power or remedy of such non-defaulting\nparty, nor shall it be construed to be a waiver of any such breach or default,\nnor an acquiescence therein, nor of nor in any similar breach or default\nthereafter occurring; nor shall any waiver, single breach or default be deemed a\nwaiver of any other breach or default theretofore or thereafter occurring.\n\n\n                                         -7-\n\n\n     19.  INDEMNIFICATION.  During and after the Employment Term, Unitech shall\ndefend, indemnify and hold Employee harmless from any claims, causes of action,\nliabilities, damages, costs or expenses incurred by Employee based upon or in\nconnection with the performance of his services under this Agreement to the\nfullest extent permitted by the laws of the State of Delaware and of the By-Laws\nof Unitech (and of any such subsidiary).  This provision will survive the\nexpiration or termination of the Employment Term.\n\n     20.  BINDING EFFECT AND ASSIGNMENT.  This Agreement and all of the\nprovisions hereof shall be binding upon and inure to the benefit of the parties\nhereto and their respective successors, heirs, personal representatives and\npermitted assigns, but, except as otherwise specifically provided herein,\nneither this Agreement nor any of the rights, interests or obligations of the\nparties hereto may be assigned by any of the parties hereto without prior\nwritten consent of the other.\n\n\n                                         -8-\n\n\n     IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of\nthe date first written above.\n\nEMPLOYEE                                UNITECH TELECOM, INC.\n\n\n\nBy: \/s\/ Bill Huang                      By: \/s\/ Hong Liang Lu\n   --------------------------------        ------------------------------------\n                                        Name:\n                                             ----------------------------------\n                                        Title: President\n                                              ---------------------------------\n\n\n               ** UNITECH EMPLOYMENT AND NON-COMPETITION AGREEMENT **\n\n                                         -9-\n\n\n\n TYPE:  EX-10.33\n SEQUENCE:  9\n DESCRIPTION:  EXHIBIT 10.33\n\n\n\n                                                                EXHIBIT 10.33\n\n\n                    LEASE CONTRACT ON HOUSING AND VACANT LAND\n            AT YUNSHAN POST AND TELECOMMUNICATION INDUSTRIAL VILLAGE\n\nLessor:        Guangdong Nanfang Communication Group, Huizhou Co. (hereinafter\n               referred to as 'Party A')\n\nLessee:        Guangdong UTStarcom Telecom Co. Ltd. (hereinafter referred to as\n               'Party B')\n\n         In accordance with the 'Law of People's Republic of China on Economic\nContracts' and other relevant provisions, and also based on the principle of\nequality, fairness, rationality and reaching a unanimity through consultation,\nthis contract is made by and between Party A and Party B to define the their\nrights and obligations:\n\n     I.       Location and address of the leased housing:  No. 4, Yunshan Road\n\n     II.      Name, area, unit price and monthly rent of the leased properties\n              (see the chart below)\n\n\n                                                                 \n--------------------------- ----------- --------------- -------------------- ----------------------------------\n    NAME OF THE LEASED         AREA       UNIT PRICE       MONTHLY RENT              REMARKS\n        PROPERTIES             (M(2))    (YUAN\/ M(2))         (YUAN)\n--------------------------- ----------- --------------- -------------------- ----------------------------------\n1st to 4th floors of          4,293          9.00            38,637.00\nBuilding No. 2\n--------------------------- ----------- --------------- -------------------- ----------------------------------\nSuites of Building No. 4       743           9.00            6,687.00        of which the lease of 93 M(2)\n                                                                             shall start as of February\n--------------------------- ----------- --------------- -------------------- ----------------------------------\nStaff and Workers'             1766          9.00            15,894.00\nDormitories of Building\nNo. 6\n--------------------------- ----------- --------------- -------------------- ----------------------------------\n\n--------------------------- ----------- --------------- -------------------- ----------------------------------\nTotal:  the total housing area comes to 680 M(2); there is no vacant land, and the total amount of rent is\n61,218.00 yuan.\n---------------------------------------------------------------------------------------------------------------\n\n\n\n     III.     Use of the Leased Housing: Factory premises and staff and\n              workers' dormitories.\n\n     IV.      Lease Term:\n              The lease term is set for one (1) year, from January 1, 2000\n              to December 31, 2000.\n\n         Party A shall turn over the leased housing to Party B for use in a\ntimely manner pursuant to the schedule set forth in the Contract.\n\n         If any of the following circumstances occurs on the part of the Lessee,\nthe Lessor may cancel the Contract and take back the housing:\n\n\n\n     1.   when the Lessee subleases, transfers or sub-loans the housing or \n          vacant land without authorization;\n\n     2.   when the Lessee uses the leased housing to conduct illegal activities\n          detrimental to the public interests;\n\n     3.   when the Lessee delays payment of rent for two (2) consecutive months;\n\n     4.   when the Lessee demolishes or remodels the structure or changes the \n          use of the leased housing without authorization; and\n\n     5.   when the authorities in charge of Party A are, for some special \n          reasons, in need of the housing or vacant land leased to Party B.\n\n     If Party B fails to move out when the term of this lease contract \nexpires, Party A has the right to bring an action against Party B at the \npeople's court and apply for enforcement, and Party B shall be liable for \nany losses sustained by Party A therefore.\n\n     Upon expiration of the Contract, Party B shall have the right of first\nrefusal under the same terms on the ground that Party A will continue to lease\nthe said housing.\n\nV.       Rent and Term of Payment:\n\n         Party B shall pay rent to Party A once a month, and the monthly rent \nis set at RMB61,218.00 yuan. Party B shall make one-time payment of the month \nbefore the 10th of each month. If it fails to pay in time or in full amount, \na fine will be imposed on Party B at an interest rate of 1% per day for the \ndue amount. Party A shall present a receipt of payment. The place for such \npayment is at Party A's office.\n\nVI.      Replacement of Lessor or Lessee\n\n     1.           If Party A transfers its ownership of the housing to a third\n                  party during the lease period, it does not require consent\n                  from Party B; however, Party B should be notified. After the\n                  transfer of the ownership of the housing to the third party,\n                  the said party will automatically replace Party A of this\n                  Contract, enjoy the rights and undertake the obligations of\n                  the former Party A under the Contract.\n\n     2.           If, subject to Party A's approval, Party B subleases the\n                  housing to a third party during the lease period, the third\n                  party will automatically replace Party B of this Contract,\n                  enjoy the rights and undertake the obligations of the former\n                  Party B under the Contract.\n\nVII.     Party A's Responsibilities:\n\n\n\n     1.           If, during the lease period, the leased housing appears to\n                  have the danger of inclination or collapse because of natural\n                  conditions, Party A shall be responsible to repair or maintain\n                  it. If natural calamities cause leakage or cracks on the roofs\n                  of the leased  housing, Party A shall be responsible for such\n                  repair.\n\n     2.           Party A shall be  responsible  for the  property tax and the \n                  land use fees of the leased housing.\n\n     3.           If, during the lease period, Party A, indeed, needs to take\n                  back the housing, it shall notify Party B in writing for the\n                  cancellation of the Contract two months ahead of time, and a\n                  fine shall be paid by Party A to Party B, which is  calculated\n                  at 20% of the total rent for the remaining period.\n\n     4.           During the lease period, Party A shall do a good job of the\n                  security at the entrance gate, conduct security checkup\n                  periodically, keep on guard and maintain security.\n\n     5.           During the lease period, Party A shall be responsible for the\n                  supply of water and electricity other than water and\n                  electricity meters, maintain the equipment of public utilities\n                  and make repairs of those parts damaged by natural elements.\n\nVIII.    Party B's Responsibilities:\n\n     1.           Party B shall not change the use of the leased housing, which\n                  would be regard as breach of the  Contract. In case of such\n                  breach, a fine equal to 20% of the rent during the period of\n                  breach will be imposed on Party B.\n\n     2.           During the lease period, Party B shall bear the  management\n                  fees as well as water and electricity cost. Party B shall make\n                  monthly payment in time and in full amount.\n\n     3.           If, during the lease period, Party B is, indeed, in need of\n                  returning the leased housing on certain special circumstances,\n                  it shall  notify Party A in writing to cancel the Contract two\n                  months ahead  of time, and a fine  shall be paid to Party A,\n                  which is calculated at 20% of the  total sum of rent for the\n                  remaining period.\n\n     4.           If, during the lease period, it changes the structure and the\n                  use of the housing  without authorization, such as causing\n                  damages to the leased housing or equipment intentionally or by\n                  negligence, Party B shall be responsible to restore the status\n                  quo ante and compensate for the economic losses; if Party B\n                  needs to fix up or modify water or electricity supply\n                  equipment, it needs to obtain Party A's prior approval and\n                  complete all the \n\n\n\n                  necessary formalities before such construction begins. \n                  Party B shall not remove the fixtures made during the \n                  leased period when it moves out. Party B shall be \n                  responsible for the interior renovation of the housing and \n                  maintenance of the water and electricity supply equipment.\n\n     5.           Party B shall remove all its belongings in a timely manner\n                  when the lease expires or the Contract is terminated. Any\n                  leftover ten days after it moves out, Party B shall be\n                  regarded as having waived its right of ownership over such\n                  leftover, which will be up to Party A for disposal.\n\n     6.           If, during the lease period, Party B's personnel are found to\n                  have damaged public utilities within the industrial village,\n                  Party B shall be responsible to provide fund to repair them.\n\nIX.               In case of force majeure  resulting in the destruction of the\n                  leased housing, this Contract will be terminated\n                  automatically, and no party shall be held liable.\n\nX.                Any dispute arising out of or in connection with the\n                  performance of this Contract shall be solved through\n                  consultations. In case such consultations cannot resolve the\n                  dispute, any party may apply for an arbitration  at  Huizhou\n                  Arbitration Committee.\n\nXI.               Supplementary agreements shall be concluded through\n                  consultations for matters that are not dealt with in this\n                  Contract. The supplementary agreements shall be equally\n                  authentic as this Contract.\n\n         Supplementary Provisions: This Contract is executed in four (4) \noriginals, with each party in possession of one copy, and the remaining two \noriginals shall be handed over to the Housing Administration Bureau for \nrecords and to the authorities in charge of Party A, respectively. Each \noriginal has the same legal power.\n\n         This lease contract is executed on January 3, 2000 in Huizhou.\n\n         Party A:                                 Party B:\n\n         Representative: \/s\/ signature            Representative: \/s\/ signature\n\n\n\n\n\n\n                       CERTIFICATE OF HOUSING LEASE PERMIT\n\n                                         Huizhou Housing Rent Permit No. 00083\n\nLessor:           Guangdong Nanfang Communication Group, Huizhou Co.\n\nLocation of the Housing:   No. 4 Shandong Road, Huizhou, Inside Yunshan \n                           Industrial Village\n\nLessee:           Guangdong UTStarcom Telecom Co. Ltd.\n\nPurpose of the Leased Housing:    Factory Premises and Dormitories (a total of \n                                  6,802 M(2))\n\n         Upon review and examination, the said housing is in compliance with the\nhousing lease standards and lease terms as set forth in 'the Implementing Rules\nof Huizhou for Housing Lease and Administration'; therefore, this certificate of\npermit is hereby issued for such lease.\n\n\n\n                                 Authorities of Issuance:\n\n                                 Huizhou Housing Administration Bureau\n\n                                 Date:    January 1, 2000\n\n\n         Term of Validity:  From January 1, 2000 to December 31, 2000\n\n         Annual Review and Examination Date: December, 2000\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[9205],"corporate_contracts_industries":[9516],"corporate_contracts_types":[9539,9544],"class_list":["post-39744","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-utstarcom-inc","corporate_contracts_industries-telecommunications__equipment","corporate_contracts_types-compensation","corporate_contracts_types-compensation__employment"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/39744","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=39744"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=39744"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=39744"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=39744"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}