{"id":41910,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/contract-draft-of-assigning-the-state-owned-land-using-right-of.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"contract-draft-of-assigning-the-state-owned-land-using-right-of","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/contract-draft-of-assigning-the-state-owned-land-using-right-of.html","title":{"rendered":"Contract (Draft) of Assigning the State-Owned Land Using Right of Hangzhou Hi-tech Industry Development Zone &#8211; Administration Committee of Hangzhou Hi-tech Industry Development Zone (Zhejiang Province, PRC) and UTStarcom (Hangzhou) Telecommunication Co. Ltd."},"content":{"rendered":"<pre>\n       The Contract ( Draft) of Assigning the State-owned Land Using Right\n\n                  of Hangzhou Hi-tech Industry Development Zone\n\nArticle 1 Parties of the contract:\n\nAssignor:\n\nThe Administration Committee of Hangzhou Hi-tech Industry Development Zone of\nZhejiang Province of the People's Republic of China (Hereinafter referred to\nParty A);\n\nThe legal address: 199 Wensan Road, Hangzhou City, P.C. 310012\n\nLegal Representative: Wu Yipena, Title: Director of Administration Committee.\n\nAssignee:\n\nUTStarcom (Hangzhou) Telecommunication Co. Ltd. (Hereinafter referred to Party\nB) Legal Address:\n\n               Building 3, Yile Industry Garden,\n               129 Wenyi Road, Hangzhou P.R.C. 310012.\n\nLegal Representative: Wu Ying. Title: Chairman of the Board of Directors.\n\nIn Accordance with Urban Real Estate Administration Law of the People's Republic\nof China, Provisional Regulation of Urban State-owned Land Using Right\nTransferring and Assigning of the People's Republic of China, Urban State-owned\nLand Using Right Assigning and Transferring Implementation Procedures of\nZhejiang Province, Hangzhou Hi-tech Industry Development Zone Regulation and the\nrelated state and local law and regulations, both parties conclude this contract\n(draft) on the principle of equality and voluntaries.\n\nArticle 2 Party A assigns the land using right according to this contract\n(draft). The land is owned by the People's Republic of China. The state and\ngovernment is authorized jurisdiction by the law and exercise the power based on\npublic interest. The resource underground, the treasure-trove and the municipal\nengineering and public utility facilities [* * *] in the scope of assigning.\n\nArticle 3 The land, assigned by Party A to Party B is located in Zhijiang\nScience and Technology Industry Garden of Hangzhou Hi-tech Industry Development\nZone, the land No. is E4. The total area of the land is [* * *]. Among them\nthere is not over [* * *] of the land sharing area ( Land area is subject to the\narea on the Land Use Certificate ). The location and scope are illustrated in\nthe attached blueprint of the contract (draft). The attached blueprint has been\nsigned and confirmed by Party A and Party B.\n\nArticle 4 The term of assigning of the land using right under the contract\n(draft) is [* * *]. It is effective from the date of issuing the State-owned\nLand Use Certificate of the People's Republic of China.\n\n[*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY\nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT\nTO THE OMITTED PORTIONS.\n\n\n\n\nArticle 5 The land under the contract (draft) is approved for building\ntelecommunication product research, development and manufacture workshop.\n\nDuring the assignment term, if Party B needs to change the land using purpose\nand land using condition specified in this contract (draft), approval shall be\nrequired by Party A's Plan Administration Authorization, and make amendments to\nthe assignment contract (draft) of the land using right accordingly, adjust the\nland price and handle the registration procedure for the land using right.\n\nArticle 6 Party B agrees to make payment for land according to this contract, [*\n* *].\n\nArticle 7 Party B's construction in the land must meet the conditions of the\nPlan.\n\nDuring the term of assignment, if the total construction area is added, Party B\nshould pay for additional land price according to [* * *]. While the\nconstruction area is reduced, it will be [* * *] (Except the related\nauthorizations of the government require to lower the volume rate and reduce the\ntotal construction area).\n\nArticle 8 The price of the land is [* * *] per square meter. The total amount is\n[* * *].\n\nArticle 9 Party B should pay the total amount of the land price [* * *] within\n[* * *] days after signing the contract(draft). Party B must pay the [* * *] of\nthe total amount of the land price, which is [* * *] within [* * *] after\nsigning this contract (draft). The [* * *] should be [* * *] of the total amount\nof the land price which is [* * *] within [* * *] after signing this contract;\nthe [* * *] should be [* * *] within [* * *] after signing the contract (draft).\n\n      The above-mentioned payment should be made by Party B on time. If Party B\nfails to pay within [* * *] after due date, Party A has the [* * *] to terminate\nthis contract (draft), Party B shall compensate the losses caused by its breach\nof the contract. If Party A fails to offer Party B the relevant planning and\nland commencement conditions over [* * *] according to the project schedule,\nParty B shall have [* * *] to terminate this contract and Party A shall be\nobliged to refund all the payment made by Party B and compensate the losses\ncaused by Party A's breach of the contract.\n\n      The compensation and the expenses arising in the demolishing and removing\nthe building on the land and the attached objects will be responsed by [* * *].\nParty A should offer Party B the relevant planning and land commencement\nconditions according to the project schedule.\n\nArticle 10 Within [* * *] after Party B pays the full amount of the land price\nto party A [* * *], Party B shall handle the registration procedure for land\nusing right and obtain the land using right certification in accordance with the\nregulation on the State-owned Land Use Certificate of the People's Republic of\nChina.\n\nArticle 11 Except other provisions in the contract (draft) , Party B should\nremit the payment to the bank account of Party A [* * *] due date specified in\nthe contract (draft). If Party A need to return the amount of the land to Party\nB, Party A shall remit the money to the bank account of Party B which is\nspecified in this contract(draft).\n\n[*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY\nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT\nTO THE OMITTED PORTIONS.\n\n\n                                      -2-\n\n\n      A written notice shall be sent to the other party within [* * *] after\nParty A or Party B's bank account is changed. The liability for delaying of\npayment shall be exempted if changes of bank accounts is not informed timely.\n\nArticle 12 Upon the expiration of the land use right pursuant to the\nprovision of this contract (draft), Party A has the right to withdraw the land\nusing right. Party A shall acquire the building and other attached objects on\nthe land in accordance with the law. The land user will handle revoking\nregistration procedure for the land using right according to the regulations and\nreturn the land use certificate.\n\n      If Party B continues to use the land, Party B should submit the renewed\napplication to Party A within the [* * *] before the expiration. Upon the\napproval for the renewal term and land price or other conditions, the parties\nsign a renewal assignment agreement. After going through the land using right\nregistration, the building and the other attached objects shall be owned by the\nParty B according to law.\n\nArticle 13 During the [* * *], Party A shall not withdraw the land using right\ndue to adjustment of the city plan. However, in the special situation as in the\nlight of social public interest, Party A could withdraw the land using right [*\n* *] according to the legal procedure, and give party B the relevant\ncompensation according to the time used and the status of developing and using\nthe land.\n\nArticle 14 Party B should invest and develop the land according to this contract\n(draft) and Land Using provisions. Party B [* * *] transfer or lease the total\nor partial land using right for the remained term except [* * *] of the total\ninvestment have been paid by Party B (or have already completed the basic\nconstruction ) (not including the amount of the land value).\n\n      The land using right could be mortgaged but the mortgaged loan must be\nused in the land's construction. The mortgagor and mortgage's interests will be\nprotected by the law.\n\nArticle 15 The governmental land administration authority has the right to\nsupervise and examine for the land developing and using, transferring, leasing,\nand the termination of mortgaging during the land using term.\n\nArticle 16 Party B shall be charged [* * *] of the total outstanding [* * *] as\nan overdue fine, in the event that Party B fails to make the payment on time.\nWhen Party B uses the land delayed due to Party A, Party A shall make a\ncompensate to Party B for [* * *] of the total price of the land [* * *].\n\nArticle 17 After obtaining the land using right, Party B does not construct the\nbuilding as stipulated in this contract (draft), or does not commence, develop\nand construct in [* * *], Party B shall pay [* * *] of the total amount of the\nland price as the land unused fund. If Party B does not make the investment in\n[* * *], Party A has the [* * *] to withdraw the land using right [* * *]. If\nParty B declare that it can not to perform the contract (draft), the [* * *]\nwill not be returned to Party B. Party A can also request it to make\ncompensation for breach of the Contract to Party B.\n\nArticle 18 The establishment, effect, interpretation, performance and the\nresolution of the dispute of the contract will be protected and governed by the\nlaw of the People's Republic of China.\n\n[*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY\nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT\nTO THE OMITTED PORTIONS.\n\n\n                                      -3-\n\n\nArticle 19 The disputes arising from performing the contract (draft) should be\nsettled through negotiation. In case no settlement can not be reached, the\nparties agree to send the disputes to Hangzhou People's Medium Court for\njudgment.\n\nArticle 20 The contract (draft) will be effective after signing and affixing the\nseal by the legal representative (the entrusted person).\n\nArticle 21 The contract (draft) is made in 6 original , Party A holds 4 copies,\nand Party B holds 2 copies.\n\nArticle 22 The Contract (draft) is signed at Hangzhou city, Zhejiang, Province,\nP.R.China on May, 2000.\n\nArticle 23 The parties could reach supplemental agreements for the matters not\nincluded in the contract. The supplemental agreements shall have equal effects\nwith the contract (draft)\n\nParty A:  The Administration Committee of Hangzhou Hi-tech Industry Development \nZone\n\nLegal representative: Wu Yipeng\n\nSignature:\n\nParty B: UT Starcom(Hangzhou)Telecommunication Co.Ltd.\n\nLegal Representative: Wu Ying (or the entrusted person)\n\nSignature:\n\n\nMay 18, 2000\n\nAppendix\n\n[*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY\nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT\nTO THE OMITTED PORTIONS.\n\n\n                                      -4-\n\n\n                              Land Using Provisions\n\nI.    The landmark point\n\n1.1   After signing the The Assigning Contract(draft) of the State-owned Land\n      Using Right (hereinafter referred to the contract(draft)), Party A assigns\n      the land to Party B, both parties will illustrate the coordinate in the\n      real land to check the landmark. The landmark shall be protected carefully\n      by [* * *], it shall not be changed individually, when the landmark is\n      destroyed or moved, [* * *] shall report to the local land administration\n      authority in written and apply for remeasure and resume the original\n      landmark.\n\nII.   The requirement of the land using\n\n2.1   Party B will meet the following requirement when Party B are building\n      the houses or workshops in the scope of transferring the land.\n\n(1)   The land is used for contraction researching &amp; developing and \nmanufacturing telecommunication product workshop;\n\n(2)   The volume rate of the building is below [*  *  *]\n\n(3)   The building density (cover rate) is not over [*  *  *].\n\n(4)   The green cover rate is not over [*  *  *].\n\n(5)   The related plan parameter will be determined as the standard by the\ndocuments approved by the Plan Construction Bureau.\n\n2.2   The building of the land shall be strictly constructed according to the\n      designed blueprint of the above mentioned regulation and ratification.\n      Party B shall report one set of the construction blueprint to Party A \n      [* * *] before commencing the project.\n\nIII.  City Construction Administration Requirements\n\n3.1   In city construction administration aspects related to the green, city\n      appearance, sanitary, environmental protection, fire-fighting safety,\n      traffic administration and design. Administration, Party B should meet the\n      related regulations of the Development Zone Hangzhou City, Zhejiang\n      Province, and the State.\n\n3.2   Party B shall allow the government to lay the various kinds of channels\n      and pipes lines, inputting and outputting, passing, going through the\n      green area and other area on the transferred land.\n\n3.3   Party B shall guarantee the people of the government administration,\n      public security, fire fighting and medical aid and other emergency\n      facilities, vehicle smoothly enter into the land in the emergency risk or\n      carrying out a task.\n\n[*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY\nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT\nTO THE OMITTED PORTIONS.\n\n\n                                      -5-\n\n\n3.4   If any of Party B's activities damage or break the environment or the\n      facilities and causes the loss to the state or individual, [* * *] should\n      be responsible for the compensation.\n\nIV.   Construction Requirement\n\n4.1   Party B shall commence the construction before [*  *  *]\n\n4.2   Party B shall finish the work before [* * *] (except for the events of\n      the Force Majeure). Party B shall send application for the delayed of work\n      before [* * *] before the expiration, and the extension of time will not\n      be over [* * *].\n\n      Except the approval by Party A, Party A will withdraw the land using right\n      and all the buildings and other attached objects on the land if the\n      construction is delay [* * *].\n\nV.    The Requirement of Municipal Construction Facilities\n\n5.1   Party B shall handle the application procedure and pay the relevant\n      expenses for construction for the related water, electric, gas, limber\n      hole and other facilities, other main pipe line, transformer substation\n      introducing project,\n\n5.2   [* * *] will timely repair or bear the relevant expenses for the\n      destroys to the related open drain, water channel , cable and other pipe\n      line facilities of the adjacent section.\n\n5.3   During the time of using the land, [* * *] shall carefully protect the\n      municipal engineering facilities, shall not destroy them, otherwise \n      [* * *] shall bear all the cost of repairing the facilities.\n\nVI.   Assigning of the land using right\n\n6.1   The land user shall not transfer the land using right to any third party\n      before the land user makes full payment for the land price, taxes and\n      fees.\n\n6.2   Besides the [* * *] payment for total amount of the land using right,\n      The land user shall not transfer the land using right if the investment is\n      not reached the [* * *] of the total investment.\n\n6.3   The building and attached objects on the land shall be transferred with\n      the land, the Assignor and Assignee should sign the transferring contract,\n      which should not violate the state law, regulation and the stipulation in\n      the contract (draft). The [* * *] shall handle the changed registration\n      procedure, and pay the value-added tax due to transferring according to\n      the regulation, then change the land use certificate.\n\n6.4   After transferring the land using right, new land user will be bound by \n      the contract (draft).\n\n      (The following is blank)\n\n[*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY\nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT\nTO THE OMITTED PORTIONS.\n\n\n                                      -6-\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":[9591,9579],"class_list":["post-41910","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-utstarcom-inc","corporate_contracts_industries-telecommunications__equipment","corporate_contracts_types-land__intl","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41910","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=41910"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41910"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41910"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41910"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}