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Premises Lease Contract Lesser: Changchun FAW Sihuan Dongpeng Electrical Equipment Co., Ltd. (hereinafter referred to as “Party A”), an enterprise established and existing in accordance with law of the People’s Republic of China (hereinafter referred to as “China”) with the registered address of 1 Yingxin Road, Automotive Industries Development Area, Changchun City, China. Legal Representative: Song Ge Lessee: Rochling Automotive Parts (Changchun) Co., Ltd.(hereinafter referred to as “Party B”), a wholly foreign-owned enterprise established and existing in accordance with law of China with registered address of 3281#, Pudong Road, Changchun City, China. Legal Representative: ？ Party C: Administration Committee of Changchun Automotive Industry Development Area (hereinafter referred to as “Party C”), the delegating office of Changchun People’s Government, located at No. 777 Dongfang Street (S), Changchun City, China. In accordance with the relevant stipulations shown in the Contract Law of the People’s Republic of China, the Law of Urban Real Estate Administration of the People ’s Republic of China and the Regulations on Real Estate Trading Market Management of Changchun City and in order to clarify the rights and duties borne by Party A, Party B and Party C, the above-said three Parties reach the following agreement and sign the Contract of Premises Lease (hereinafter referred to as “this Contract”) on the day of October in 2008 Article One – Lease 1.1 In order to absorb Party B to invest in the Changchun Automobile Industry Development Zone, Party C would like to supervise and urge that Party A construct the factory building, office building and auxiliary facilities in accordance with the requirements of Party B (and subject to approval by both Party A and Party B) on a parcel of state-owned land located at Changchun Automobile Industry Development Zone covering an approximate area 20000 m2(subject to the prevailing area recorded on relevant land use right certificate), which is legally acquired by Party A and permitted for industrial purpose (the details and boundaries of land shown in Appendix One attached to this Contract) (the “Land”) and thereafter to rent the above factory building, office building and auxiliary facilities to Party B. Article Two – Basic Conditions of Leased Premises Rent 2.1 Party A promises that the factory building, office building and other auxiliary facilities should be constructed on the Land stipulated in Appendix Two. Party A shall be responsible for application and formalities to obtain the state-owned land use right, permission and approval to construct the Leased Premises and bear all expenses incurred hereof. 2.2 The Land and the construction erected on the Land shall be permitted for purpose of routine office work, management, sales, research and development, production, storage and other related legal application. 2.3 The building area of Leased Premises is temporarily 11500 m2 and is used for manufacturing plant and office auxiliary facilities of Party B. The final area of the Leased Premises shall be determined in accordance with the area of the Leased Premises shown in the Real Estate Ownership Certificate legally obtained by Party A. The above area subject to confirmation in writing by Party A and Party B and become the part of this Contract. Article Three – Lease Term and Renewal Rent in Agreement 3.1 The lease term under this Contract is eight (8) years, commencing from April 30, 2008 or the date specified by Party B in accordance with Article 13.1.2 and expiring on the eighth (8th) year. The rental shall be initially paid from the date when Party A delivers the Leased Premises according to this Contract. 3.2 After expiration of lease term, if either of Parties proposes renewal of contract, any party shall submit with written mode at least ahead of thirty (30) days prior to expiration of lease term and the contract term shall be prolonged upon mutual agreement between Party A and Party B reached on renewal of the lease term. Upon expiration of lease term, Party B has the priority right to continue to renew. Article Four – Delivery and Return of the Leased Premises 4.1 Party A shall deliver the Leased Premises in whole to Party B before April 30, 2008, in accordance with and in conformity with Article 4.2 and the related laws, regulations and local rules. Party A shall give one month prior written notice to Party B in respect of delivery of the Leased Premises, both parties shall sign the delivery documents on the delivery date and confirm the status of the Leased Premises delivered to Party B. 4.2 The following delivered conditions shall be met before Party A delivers the Leased Premises to Party B, unless otherwise written agreed: 4.2.1 The Leased Premises (including factory building, office building and auxiliary facilities) should have been completed and be under the conditions of the use-status agreed in the contract before April 30, 2008. In addition, Party A and Party B confirm: ？ . 4.2.2 All non-lease properties and other wastes and the abandoned things including temporary buildings, facilities, equipment, materials and tools shall be removed and dismounted. The ground surface of the Leased Premises shall be cleaned, conforming to the status for normal use agreed in the contract;4.2.3 Before April 30, 2008, Party A shall provide to Party B the necessary documents, technical information, data, drawings and information for normally using and operating the Leased Premises and reasonably requested Party B, for example: the blue drawing of structure of building;
the drawing of water pipes, electric lines, heating pipes and wiring, etc. and other documents and data. Before December 31 2008, Party A shall show the original documents of land use right certificate and the Real Estate Ownership Certificate, and then provide the copies to party B. 4.3 Upon expiration of this Contract or if this Contract is terminated in accordance with the relevant regulations in this contract, Party A shall recover the Leased Premises on the 15th day after expiration or termination or after the day. Party B can postpone the return of the Leased Premises with Party A’s consent. Party B shall be liable to compensate the damage attributable to Party B, provided that Party B shall not be liable for natural wear and tear and inherent defects. Article Five – Rental Standard and Payment 5.1 During the period of the lease term described in this contract, the rental standard of Leased Premises is RMB 21yuan/building m2 per month. The rental is calculated in accordance with building area of the Leased Premises (The provisional building m2 is 115000m2, depending on the building area shown in the Real Estate Ownership Certificate legally obtained by Party A. 5.2 The rental of the Leased Premises shall be paid per quarter on the principle of first pay and use afterwards. Party A shall submit the formal invoice issued by taxation institution and bank account designated by Party A to Party B on or before the 5th day of each quarter. Party B shall remit the rental in the bank account designated by Party A in written mode within five (5) working days after receiving the invoice. 5.3 Party B shall pay the lease deposit for the Leased Premises RMB 790,000.00 yuan to Party A within seven (7) working days after this contract is formally signed. Party A shall issue the qualified Receipt Evidence to Party B in time. The down payment for Leased Premises shall be automatically transferred to the earnest money for lease implementation under this contract upon beginning of the lease term (i.e. April 30, 2008). When the contract expires or is terminated, Party A shall refund the above earnest money in full to Party B without interest within seven (7) working days upon expiration of lease term or termination of this contract, except that Party A may claim the compensation in accordance with the stipulation shown in the contract due to Party B’s breach of Contract. 5.4 Both Parties of Party A and Party B agree that the rental shall not be changed during the period of lease term. 5.5 Unless otherwise expressly stipulated hereunder, the rental is composed of cost in use for the Leased Premises paid to Party A (No rental calculated for road in factory area, greening and enclosing wall.). 5.6 If the ending day of lease term is not the final day of calendar month, the rental to be paid by Party B in the last month of rent month shall be determined according to the following formula: Rental amount payable = the rental amount of the month x the actual rented days in the month/30 days Party A shall refund the rental of overpayment (if any) to Party B within seven (7) days after termination of this contract without any interest. Article Six – Other Expenses 6.1 Expenses borne by Party B 6.1.1 During the period of lease term, the expenses including public facilities (such as water, electricity, heating, communication, exhaust pollution charge, refuse handling charge, etc.) incurred actually shall be borne by Party B. 6.1.2. During the period of lease term, if the capacity is increased for public facilities because of Party B’s requirements of production or operation, Party B shall submit the application directly to the related supply and bear the relevant cost and expenses with Party A’s written consent. Party A shall give the necessary help and support. 6.2 Expenses borne by Party A Charges arising from network connection of public utilities, all taxation, levied charges and other charges in relation to the Leased Premises and lease transaction under this contract shall be borne by Party A except the expenses borne by Party B in accordance with this Contract. Party A promises that the heating expenses borne by Party B during the period of lease term shall be charged according to thermal measuring meter. 6.3 Unless otherwise stipulated in the contract, any expenses actually incurred in construction, repair and maintenance of the Leased Premises and public facilities before delivery day shall be borne by Party A. 6.4 During the period of lease term, if fire, burglary or other safety accidents happen, resulting in damage of Leased Premises attributable to Party B, Party B has option to restore the original status of rented house with both parties’ acceptance, or to compensate for economic loss. If the economic losses result from the quality problems of Leased Premises and public facilities or Party A’s other reasons, Party A shall bear the responsibility for corresponding compensation;
If both Parties have the common responsibility for accidents, either of both Parties shall bear the own responsibility for loss according to the proportion based on the severity of each party’s fault. Article Seven – Decoration of Party B 7.1 Party B may part, modify and reconstruct the Leased Premises and install machine or equipment in the Leased Premises in accordance with its requirements or in order to meet the detailed requirements of the Leased Premises under the contract. However, Party B should submit the report of application for decoration of the Leased Premises and installation of equipment (including decoration plan and installation plan) in advance. Party B ensures that the report (plan) submitted is true, correct and overall. It is not permitted to construct until the report (plan) is reviewed and approved. Party A shall send the written document, if or not agree, to Party B within ten (10) days from the date when Party B submits the report of application for decoration of the Leased Premises and installation of equipment. If Party A does not give the written reply after the specified date, it is considered that Party A agrees Party B’s decoration plan and installation plan. Party A promises to Party B that all Party B’s information, including, but not limited, decoration and installation submitted by Party B are kept in secret and does not disclose them to Third Party. Party B shall submit the decoration plan of the Leased Premises and installation plan of equipment to Party A before March 20, 2008 and Party A shall give the written reply to Party B before March 30, 2008. When the Leased Premises are decorated, it is not permitted to change the original whole structure of Leased Premises. If it is necessary to adjust the original structure, the design and adjustment plan should be proposed by the design institute that has the essentiality of design. It is not permitted to construct until the plan is signed and affixed by Party A, or Party A has right to request Party B to stop construction and restore the original status and compensate the economic loss. If Party A agrees the partition, modification and reconstruction of Leased Premises and if it is required for examination and approval of the related departments of government, Party A shall make efforts to assist Party B to obtain approval and acceptance from the related departments of government. 7.2 During the period of lease term, Party B is not allowed to change the use function of Leased Premises without Party A’s consent. 7.3 Party A agrees, if the lease relationship expires or is terminated under the contract in accordance with stipulations shown in the contract, that it is unnecessary to be restored to the original status for the Leased Premises which are reconstructed or extended with Party A’s approval. The equipment and facilities owned by Party B can be dismounted, removed or disposed. Party A has no right to interfere. However, all refuse and the abandoned should be cleared out, the ground surface should be cleaned and all expenses payable should be paid by Party B. After the completeness of the Leased Premises is accepted by Party A, it is necessary to go through the transfer formalities. If damaged, Party B shall compensate the loss. Article Eight – Preservation and Maintenance 8.1 Party A shall repair and maintain the Leased Premises, including road in factory area, greening and enclosing wall. Party B shall take well care of and make rational use of Leased Premises. During the period of lease term, Party B shall repair and maintain the facilities installed by Party B in the Leased Premises. 8.2 If Party B discovers roof leakage, surface crack in wall or ground, abnormal bearing structure or the supporting facilities operate abnormally, (all of which do not result from Party B’s reason) during the period of use of the Leased Premises, Party B shall notify Party A within 24 hours. Party A shall provide repair timely no more than 24 hours after Party B makes notification. If Party A doest not implement its duties, therefore, Party B shall make the repair and the expenses incurred hereof shall be borne by Party A. If Party B postpones to notification, from which results in the damages, Party B shall bear the responsibility. Article Nine – Party A’ Representations and Guarantee Without breaching of the terms and conditions shown in this contract, Party A makes the further representations to Party B and guarantees and promises as follows: 9.1 Party A is the enterprise legal person, legally founded in accordance with the laws of China and effectively existing and is being engaged and continues to be engaged in operation within the scope specified by the Business License of Enterprise Legal Person held by Party A. Party A has right to rent the Leased Premises owned by it to Party B in accordance with this contract. The land-use right for the Leased Premises has been obtained by Party A with legal formalities by law. All the relevant charges and taxes of land-use right have been paid. Party A is not in arrears with any relevant charges and taxes including construction engineering costs or other related charges. 9.2 Party A ensures that Party B should enjoy exclusive use right of the Leased Premises and should not be unreasonably interfered by Party A, any interested third party of Party A, Party A’s agent, or any of Party A’s contractors. Party A promise that Party A shall goes through the formalities of approval of this contract to the relevant Real Estate Management Department in accordance with the laws and obtains the necessary registration certification. 9.3 In order to reach the target of this contract, Party A guarantees to abide by the applicable laws, codes and regulations of China so as to ensure Party B is able to use the Leased Premises normally in accordance with the stipulations shown in the contract. 9.4 Party A ensures that all descriptions and guarantees made in this contract are true and correct in any fields. 9.5 Party A is willing to accept the supervision done by Party C. Article Ten – Party B’s Representations and Guarantee Without breaching of the terms and conditions shown in this contract, Party B makes the further description to Party B and guarantees and promises as follows: 10.1 Party B is the foreign-invested operation enterprise, legally founded in accordance with the laws of China and effectively existing and is being engaged and continues to be engaged in operation within the scope specified by the Business License of Enterprise Legal Person held by Party B. 10.2 Party B guarantees that Party B shall pay the rental for each term to Party A in accordance with the stipulations shown in the contract. 10.3 During the period of lease term, Party B guarantees to abide by the applicable laws, codes and regulations of China and promises to use the Leased Premises legally in accordance with the application stipulated in the contract. 10.4 Party B ensures that all descriptions and guarantees made in this contract are true and correct in any fields. 10.5 Party B shall use the factory building and facilities rationally in accordance with the requirements and application scope indicated in the design document of factory building provided by Party A. (The damages of factory building and facilities resulting from abnormal operation shall be borne by Party B for compensation and repair.) Article Eleven – Party C’s Representations and Guarantee 11.1 Party C, the detached office from People’s Municipal Government of Changchun City, promises on behalf of Government: 1) Party C will order and procure Party A and Party B to implement all the duties under the contract;
and Party C does not undertake any legal liability arising from failures of Party A and Party B to implement all the duties under the contract. 2) Party C undertakes to grant the land use right to Party A at price of RMB180 per square meter and to waive the infrastructure connection charges with the aim to decrease of rent and attraction of Party B to invest in the Zone. 3 ） Party C undertakes the relocated cost that Party B move from Changchun Economic &
Technological Development Zone to Changchun Automotive Industry Development Area. The relocated cost shall be confirmed by both Party B and Party C. Article Twelve – Liability for Breach of Contract 12.1 If Party A does not deliver the Leased Premises to Party B before the date the stipulated in Article 4.1 of the contract and in accordance with the delivery conditions stipulated in Article 4.2 of the contract, Party B shall have the right to make the unilateral selection in either of the following items. 12.1.1 Party A shall doubly repay the down payment paid by Party B in accordance with Article 5.3 of the contract, i.e. Party A should repay RMB 1,580,000.00 yuan，including the down payment paid by Party B in accordance with Article 5.3 of the contract;
the contract is terminated. 12.1.2 Party B has the rights to request with written document that Party A continues to implement the duties of delivery of the Leased Premises within the limited 15 days. Other conditions of delivery of the Leased Premises and the contract shall not be changed;
even so, it is necessary to pay the penal sum of RMB 4,000 yuan for each overdue day from April 30, 2008 (It is not calculated on the date of April 30, 2008) until the date when Party A fulfills the delivery of the Leased Premises in conformity with the stipulations shown in the contract. If Party B chooses Article 12.1.2, Party B has the rights to implement all rights shown in Article 12.1 again if Party A does not still deliver the qualified Leased Premises on the agreed date when the postponed date determined by Party B with the written document is expired. 12.2 Since the Leased Premises are constructed for special purpose in accordance with the requirements proposed by Party B, if Party B rejects to accept the Leased Premises provided that Party A has performed this Contract and delivered the Leased Premises as scheduled and meet the requirements set out hereunder or the contract can not be executed because of Party B’s breach of this Contract which causes frustration of this Contract, Party B should pay the rental of the remaining term to Party A in accordance with the rental standard agreed in the Contract of Lease. 12.3 During the period of lease term, subject to Party B’s performance of this Contract, if Party A proposes that the contract shall be terminated in advance, Party A should pay the penalty sum to Party B in ten times the rental under the contract. Meanwhile, Party A should compensate the relocation and restoration costs incurred from the termination of contract ahead of time, decoration and installation costs of Leased Premises. 12.4 If the contract is terminated because of Party B’ reason, or upon expiration of the contract, Party B shall not dismount or damage the original decoration and facilities of water and electricity provided by Party A. It is unnecessary for Party A to evaluate value and deduct for balance of rental, unless otherwise agreed by both parties. 12.5 If either Party of Party A or Party B is breach of the stipulations shown in the contract, or the description, guarantee or promise made in the contract result in the economic losses of the other party, the defaulting party shall bear the responsibility for compensation and make the observant party avoid damaging. 12.6 Unless otherwise specified in the contract, if Party B does not pay the rental timely , it shall pay the belated payment with five/10000th of the rental. Article Thirteen – Termination of Contract 13.1 In the following situations, the contract shall be terminated ahead of time. The termination shall not affect the rights and duties accumulated before termination of the contract under other terms and conditions of the contract: 1) Because of Party A’ reason (except Force Majeure), Party A fails to deliver the Leased Premises prior to the date of delivery specified in Article 4.1 hereof or fails to deliver the Leased Premises conforming to the requirements set out in Article 4.2 of the Contract to Party B on the date of delivery, Party B has right to give the written notice to Party A to terminate this contract (At this time, Article 12.1 and other related stipulations are suitable for use.);
2) Either Party of Party A or Party B is breach of the contract or the description, guarantee or promise made by either of both parties. If the above-mentioned breaching of the contract is not still corrected or rectified within forty-five (45) days after the observant party gives the written notice, the observant party has the rights to terminate the contract with giving the written notification to the defaulting party;
3) Unless otherwise specified in the contract, if Party B does not pay the rental for above two months and fails to rectify such breach within the reasonably specified date, Party A has the rights to give the written notice to Party B to terminate the contract;
Party B should bear the responsibility for compensation in accordance with Article 12.2;
4) Both Parties of Party A and Party B agree to terminate the contract ahead of time through negotiation； 13.2 The contract shall be automatically terminated upon expiration of lease term of the contract. Article Fourteen – Force Majeure 14.1 “Force Majeure” means the objective situation unpredictable, inevitable and insuperable, preventing from implementing the contract by it as earthquake, typhoon, fire, flood, thunder strike, land collapse, mandatory order issued by government, war and other similar accidents conforming to the stipulations shown in law of China. 14.2 If either Party is prevented from executing the obligations under the contract due to the Force Majeure, during the period of Force Majeure resulting in postponing implementation, the obligations affected shall be suspended without punishment. 14.3 If either of Parties is prevented from implementing the contract or from implementing the contract in part or postponing the implementation of contract, it is necessary to relieve the party from obligations not to implement the contract or postpone implementation partly or in whole. 14.4 The Party concerned shall give the written notification to the other Party within two (2) days after occurrence of the Force Majeure and send to the other Party a certificate issued by the government department. The Party concerned shall make efforts to reduce the losses arising from Force Majeure. Article Fifteen – Effectiveness of Contract This contract is formally signed by the authorized representatives of three Parties to become effective immediately. Article Sixteen – Applicable Laws and Resolution of Disputes 16.1 This contract is governed by the Laws of China and explained by them. During the period of implementation of the contract, in the event that any contradictions should arise between any provisions shown in the contract and the corresponding provisions of the laws and the codes of China, laws and codes of China shall be definitive. 16.2 All disputes arising from the implementation of or related hereto preferably shall be settled through friendly consultation between Party A and Party B. Should such consultation fail to settle the dispute within sixty (60) days, such dispute shall be submitted to litigation Article Seventeen – Notices All notices and communications sent by either Party to the other Party at the address disclosed and to the receiver specified hereunder in accordance with the contract or in relation to the contract shall be in writing. The above notices and communications shall be sent and transferred by special carrier or by registered mail. The receipt of the other party prevails. Article Eighteen – Others 18.1 During the lease term, in the event that Party A raises a mortgage on the Leased Premises, Party A shall give written notice to Party B and promise to seek the Party B’s opinion for 60 days prior to disposing the Leased Premises at cut-rate prices or selling off. Party A undertakes to have the new transferee of the Leased Premises bound to this Contract in accordance with the terms and conditions hereunder. 18.2 All appendixes to this contract shall form an integral part of this Contract of Lease. 18.3 Any alternations or additions to the contract shall be valid only if they are made out in writing and duly signed by the authorized representatives of Party A &
Party B and shall be registered for file by law. All alternations or additions to the contract after the signing and the contract shall possess eh same legal validity. 18.4 In the event that any provisions in the contract are regarded as invalidity under the laws, code and/or rules, it doest not affect the effectiveness of other any provisions of the contract. 18.5 This contract and appendix are rendered in both Chinese and English, and if there is something misunderstanding should according the Chinese version. The Chinese versions of this contract are prepared with six (6) copies, both Party A and Party C shall hold 1 copy, Party B shall hold 2 copies and 2 copies shall be used for registration and file. To Party A: Jilin Province, China 1 Yingxin Road, Automotive Industries Development Area, Changchun city Tel: 0431 85757952 Fax: 0431 85759657 Attention: Song Ge To Party B: Jilin Province, China 3281#, Pudong Road, Changchun city Tel: 0431 84605608 Fax: 0431 84605633 Attention: ? To Party C: Jilin Province, China No. 777 Dongfang Street (S), Changchun city Tel: 0431 5731957 Fax: 0431 5731800 Attention: Wang Jingjun IN WHITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the date first written above by their dully authorized representatives. Party A Changchun FAW Sihuan Dongpeng Electrical Equipment Co., Ltd Signature: Name: Song Ge Title: General Manager Party B Rochling Automotive Parts (Changchun) Co., Ltd. Signature: Name: ？ Title: ？ Party C: Administration Committee of Changchun Automotive Industry Development Area Signature: Name: Cao Wei Title: Vice Director Appendix One: Detailed Situation of Land Appendix Two: Construction Standard of Leased Premises
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