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Pre-sale Contract


Shanghai Commodity Premises Pre-sale Contract

Made by Shanghai Municipal Housing, Land and Resource Administration Bureau Supervised by Shanghai Administration of Industry and Commerce Printed in 2000

Special Notification I. This contract is the standard format made in accordance with the Shanghai Municipal Real Estate Transfer Measures. The provisions of this contract shall be adopted upon mutual agreement of the parties. The purchase of commodity premises is a civil legal act involving large contract price, strong professional knowledge and many laws and regulations. In order to better protect the interests of both parties, the contract should be signed after cautious consideration and the contract shall be specific, complete and precise. The real estate developer shall present the commodity premises pre-sale permit to the buyer before signing the commodity premises pre-sale contract. The buyer can verify the following information with the relevant real estate exchange center of the district where the commodity premises is located: 1) the authenticity and validity of the pre-sale permit, 2) whether the commodity premises is pre-sold repeatedly or attached by judicial authorities, and 3) other circumstances under which the transfer of the commodity premises is restricted. In order to protect the rights and interests of both parties, parties can agree to recognize the pre-sale advertisement and sale brochures as appendices of this contract. Since commodity premises to be pre-sold is still under construction (or completed but have not gone through initial registration), there are uncertainties on the actual area, delivery date and quality, etc. Both parties shall therefore fully understand the follow issues: 1) The construction area of the pre-sold commodity premises is interimly measured. The actual construction area measured by the surveying and mapping organization recognized by Shanghai Municipal Housing, Land and Resource Administration Bureau on the date of delivery shall prevail on the date of delivery. The pre-sale contract shall expressly set forth the construction area, the room area and the apportioned common area of the pre-sold commodity premises. In case of any discrepancy between the interimly measured area and actual area upon delivery, the parties shall deal with the problem according to Article 44 of Shanghai Municipal Real Estate Transfer Measures. [Article 44 (Handling of the Increase or Decrease of Construction Areas upon the Delivery of Pre-sold Commodity Premises): The following provisions shall be followed upon occurrence of any discrepancy between the construction areas of any commodity premises and the stipulations of the pre-sale agreement upon delivery of the pre-sold commodity premises: In the event that increase or decrease of the construction area is caused by the apportioning of the construction areas of the common part of the premises in accordance with the provisions of paragraph 2 of Article 27 under the Measures, or by the errors on surveying by the

II.

III.

IV.

V.

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competent surveying institutions, the total price of transfer stipulated in the pre-sale agreement shall remain unchanged. (Enclosed paragraph 2 of Article 27: Where premises are transferred, the common parts, common equipment and the self-used parts and self-used equipment of the premises shall be transferred simultaneously; the construction areas of the common parts shall be apportioned by the real estate owners in accordance with the relevant regulations of the State and this municipality.) In the event that the increase or decrease of the construction area is caused by the alteration of the construction design of the pre-sale commodity premises, it shall be handled according to the provisions of Article 39 of the Measures. (Enclosed Article 39: No real estate development enterprise may alter without permission the construction design of any commodity premises having been pre-sold; where there is necessity to alter the design, the real estate development enterprise shall obtain the consent from the buyer in advance and report to the department of planning and management for examination and approval, and sign the alteration agreement concerning the pre-sale agreement with the buyer. In the event that any real estate development enterprise alters the construction design of any pre-sale commodity premises without the prior consent from the buyer, the buyer shall have the right to terminate the pre-sale agreement, and the real estate development enterprise shall bear the liabilities for breach of the contract.) Except for the circumstances as listed in paragraphs 1 and 2 of this Article, if the construction area exceeds the stipulations of the pre-sale agreement, the transferee shall be entitled not to undertake the expenses for the part of construction areas increased; if the construction area is less than that stipulated in the pre-sale agreement, the real estate development enterprise shall return the expenses for the part of construction area decreased to the transferee. However, if there are different provisions in the pre-sale agreement, such stipulations shall be followed.] 2) Pursuant to the Regulations on Shanghai Real Estate Registration, the real estate development enterprises shall conduct initial registration of the newly-constructed commodity premises after the completion of inspection and acceptance and before delivery to the buyer with the documents listed in Article 20 of the Regulations on Shanghai Real Estate Registration and approval documents of the commodity premises project. The real estate development enterprises shall obtain Title Certificate for Newly-constructed Commodity Premises (Big Title Certificates) before delivery after construction. 3) According to the Regulations on the Quality of Construction Projects promulgated by the State Council, the quality warranty period of the commodity premises assumed by construction company is as follows: “1)
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for the infrastructure project, groundwork project of buildings and main structure project, the warranty period should be the reasonable use term set forth under the design documents; 2) for the waterproof project of roof, the toilet and rooms which the waterproof is required and leakage prevention of exterior wall, the warranty period should be 5 years; 3) for the heating and cooling systems, the warranty period should be two heating supply periods or cooling supply periods; 4) for the electrical pipeline, water supply and drainage pipe, fixture and decoration works, the warranty period should be 2 years.” The warranty period shall start from the date of inspection and acceptance. The real estate development enterprise shall bear the warranty liability upon the delivery of the commodity premises. The warranty period shall be no less than two years from the date of title transfer of the real estate. 4) If the quality of the main structure of the property is found substandard after the delivery, according to Article 32 of the Regulations on Municipal Real Estate Development and Operation Management promulgated by the State Council, after delivery of the commodity premises, if the buyer thinks the quality of the main structure is substandard, the buyer may apply for re-inspection with a construction quality supervising institution. If the quality of the main body structure is confirmed substandard after the re-inspection, the buyer is entitled to return the property. Developer shall assume the liability of compensation to any loss of the buyer according to relevant law and regulations. VI. Any disputes arising from or in connection with the performance of this Contract shall be settled either by the people’s court where the real estate locates or by an arbitration commission. If choosing arbitration, the party may choose a local arbitration commission or other arbitration commissions. The full name of the local arbitration commission is Shanghai Arbitration Commission. If the seller and the buyer enter into a pre-sale contract of commodity premises, they may apply for pre-registration to the registration authorities in order to ensure the realization of the property rights in future. After the pre-registration, the disposal of the real property without the consent from the title owner of the pre-registration will not have legal validity. After the pre-registration, the pre-registration will become invalid upon extinguishment of the credit rights or failure to apply for registration within three months after registration is capable of being carried out. This standard contract is sold at municipal, district and county real estate exchange centers. We suggest the buyer buy a copy and read carefully before buying a house.

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VIII.

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Party A (the Seller): Address: ____________

Postal Code: Business License No.: Qualification Certificate No.: Legal Representative: Authorized Representative: Tel: Tel:

Party B (the Buyer): Nationality: Address: ID Card/Passport: Authorized Representative: Address: Tel: Gender: Birth Date: Postal Code: Tel:

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Party A and Party B, following the principle of equality, free will and mutual agreement, entered into this contract in respect of the purchase by Party B of “ ” pre-sold by Party A (this Contract): Article 1 Party A acquired the land use right to the land locating at by way of and obtained the Land Use Right Certificate through registration. The Certificate No. is . The land area is sq.m. The land use purpose is . ” (tentative name/current name) on the land. Party A is approved to build “ The main structure of the building is ___________ with ________ floors above the ground and floors below the ground. The abovementioned commodity premises is qualified for pre-sale according to the Shanghai Real Estate Transfer Measures and has been approved to be pre-sold by Shanghai Real Estate Exchange Center (Pre-sale Permit No.: ). Article 2 , Floor, Block , Party B purchases from Party A Room “ ”, No. , Road (hereafter referred to as the Unit). . The land usage approved by government is The construction area of the Unit currently surveyed by Party A is square meters, including the room construction area of square meters, the apportioned common construction area of square meters, and the square meters (purchase price as set additional underground area of forth in the supplemental clauses). The storey height of the Unit is ________ meters. The structure design and plan of the Unit is attached hereto as Appendix 2; the structure and fitting-out and facility standard are described in Appendix 3; other information of the Unit (i.e. land nature, mortgage, leasing relationship), please refer to Appendix 4; Pre-phase Property Management Agreement, Interim Deed of Mutual Covenant and relevant letter of undertaking, please refer to Appendix 5; adjacent relationship and area plan layout, please refer to Appendix 6. Article 3 Party B purchases the Unit at the unit price of RMB ___________________ per square meter of the construction area (exclusive of the price for fitting-out). In capitalized numbers: .

According to the construction area of the Unit currently surveyed by Party A, the total purchase price (exclusive of the price for fitting-out) for Party B to purchase the Unit shall tentatively be RMB . In capitalized numbers: The price for fitting-out of the Unit is RMB In capitalized numbers: Article 4 . . .

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The total purchase price (inclusive of the price for fitting-out and facilities in Appendix 3) refers to the aggregate price for the Unit and corresponding pro rata land use right. The total purchase price provided in the Contract shall not be changed, except for the circumstance that the area determined by interim survey is different from the area determined by final survey. Article 5 Upon delivery of the Unit, the construction area shall be subject to the area measured by the surveying and mapping organization recognized by Shanghai Municipal Housing, Land and Resource Administration Bureau. Any inconsistency between the area determined by interim survey and the area determined by final survey shall be handled in the following manners except otherwise stipulated by laws, regulations or rules: 1) In the event that the area by interim survey is larger than the area by final survey, Party A shall refund the difference to Party B; otherwise, Party B shall pay the difference to Party A; 2) In the event that the discrepancy ratio between area determined by interim survey and the area determined by final survey exceeds + % (inclusive of %), Party A agrees to waive the price of the exceeding part; in the event that the discrepancy ratio between area determined by interim survey % (inclusive of - %), and the area determined by final survey exceeds Party A agrees that Party B is entitled to unilaterally terminate the Contract provided that such right shall be exercised when or before the Letter of Delivery and Acceptance is signed; otherwise Party B will be deemed having waived such right. Article 6 The construction of the Unit is in the phase of when this Contract is signed. Party B shall, in accordance with the schedule set forth herein, duly deposit the full payment of the pre-sale purchase price to the escrow account designated by Party A (escrow institution for pre-sale purchase price: , account name: , account number: ). The usage of pre-sale purchase price shall be under supervision in accordance with government regulations. Party B’s payment method and schedule shall be stipulated in Appendix 1. Article 7 If Party B fails to make the payment according to the specified schedule under this Contract, Party B shall pay liquidated damages to Party A. The liquidated damages shall be % of the outstanding amount per day. The liquidated damages shall be calculated from the second day following the due date of payment up to the date of actual payment. If the failure of payment continues for a period exceeding days, Party A is entitled to claim for damages against Party B according to the methods listed in item below: 1) Party A is entitled to terminate this Contract unilaterally, and Party B shall assume the liability for compensation. The compensation amount shall be % of the total purchase price. Party A has the right to deduct the

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payable compensation amount from the purchase price paid by Party B and refund the remainder to Party B. Party A is entitled to claim for the deficiency against Party B if the purchase price paid by Party B is less than the payable compensation amount. Party A shall notify Party B in writing if Party A exercises its right to terminate the Contract. 2) Article 8 After execution of this Contract, Party A shall not unilaterally change the design of the Unit (see Appendix 2). In the event that it is necessary to change the design, such changes shall be agreed by Party B in writing and approved by the relevant planning administration authority. Party A shall reach a modification agreement with Party B within days after such design modification is approved. In the event that Party A changes the design without Party B’s written consent, Party B is entitled to terminate the Contract unilaterally. Article 9 Party A shall not unilaterally change the area plan layout agreed with by both parties (see Appendix 6). If it is necessary to make changes to the agreed area plan layout, Party A shall obtain Party B’s written consent. If Party A changes the agreed area plan layout without Party B’s consent, Party B is entitled to require Party A to restore the agreed area plan layout. If the original area % of the total purchase price to plan layout can not be restored, Party A shall pay Party B as the liquidated damages. Article 10 The delivery of the Unit shall be subject to the conditions listed in item 1 below: 1) Initial registration procedures have been completed and the Title Certificate for Newly-constructed Commodity Premises (the Big Title Certificate) has been obtained; the mortgage created by Party A over the Unit has been de-registered; the property maintenance funds have been paid by Party A according to relevant regulations; 2) The Permit of Delivery for Use of the Residential Premises has been obtained; the mortgage created by Party A over the Unit has been de-registered; the property maintenance funds have been paid by Party A according to relevant regulations; Party A promises to complete the initial registration procedures and obtain the Title Certificate for Newly-constructed Commodity Premises (the Big Title Certificate) before (mm/dd /yy) , otherwise, Party B is entitled to terminate the Contract unilaterally; or Article 11 Party A shall deliver the Unit to Party B no later than (mm/dd/yy) exception of force majeure events. Article 12 , with

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If Party A fails to deliver the Unit to Party B within the time limit as stipulated in Article 11 hereof, Party A shall pay Party B liquidated damages in the amount of % of the purchase price paid by Party B per day, calculating from the second day of deadline as stipulated in Article 11 up to the actual delivery date. If the delay of delivery continues for more than days, Party B is entitled to choose the method listed in item below to claim for the default liability against Party A: 1) Party B shall be entitled to terminate this Contract unilaterally; 2) Article 13 When the Unit fulfills the requirements of delivery stipulated in Article 10 hereof, Party A shall issue a 7 days’ prior written notice to inform Party B to carry out the delivery formalities. Party B shall inspect and accept the Unit with Party A within 7 days upon receipt of such notice. The benchmark of delivery of the Unit is . Party A shall present to Party B the documents proving that the Unit fulfills the requirements of delivery as specified in Article 10 hereof upon inspection and acceptance. Since the usage of the Unit is , Party A shall provide Party B with and User Manual for . In the Quality Guarantee Letter for addition, Party A shall provide Party B with relevant documents regarding the area determined by final survey upon Party B’s request. If Party A fails to present or provide the required documents mentioned above, Party B is entitled to refuse to accept the Unit. Party A shall be held liable for the delay in delivery of the Unit arising there from. Article 14 Party A and Party B shall execute the Letter of Delivery and Acceptance, which is a requisite document for the title transfer procedures, within days after Party A has completed the initial registration procedures for the Unit and obtained the Title Certificate for Newly-constructed Commodity Premises (the Big Title Certificate). Within days after the duly execution of the Letter of Delivery and Acceptance, both parties shall proceed with the procedures for price declaration, application for title transfer and the Title Certificate of Real Property of the Unit (Small Title Certificate) at Exchange Center. Article 15 All the risks of the Unit shall be transferred from Party A to Party B upon delivery. If Party B fails to carry out the procedures of inspection and acceptance of the Unit within the specified period, Party A shall issue a written demand letter to Party B. If Party B fails to carry out the procedures of inspection and acceptance of the Unit within the period specified in such demand letter, the risks of the Unit shall be borne by Party B from the following day of the inspection and acceptance date as specified in the demand letter. Article 16 Party A warrants that there is neither any mortgage created over the Unit by Party A nor any other ownership disputes or finance disputes with respect to the Unit when the
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Unit is delivered to Party B. If the above warranties from Party A are found untrue after the delivery of the Unit, Party A shall assume all the liabilities. Article 17 The Unit delivered by Party A shall have passed the inspection and acceptance. If the standard of the fitting-out and equipment of the Unit cannot fulfill the agreed requirements stipulated in Appendix 3, Party B shall have the right to claim for compensation against Party A at time of the difference between the price for current fitting-out and equipment and the price for agreed fitting-out and equipment. If the main structure of the Unit fails to meet the standards stipulated in Appendix 3, Party B shall have the right to terminate this Contract unilaterally. The parties agree that if any disputes arise from the standard hereof, the parties shall engage a local qualified project inspection agency to conduct inspection. The written inspection opinion issued by such agency shall be the basis for the settlement of the above disputes. Article 18 After delivery of the Unit, if Party B considers the main structure of the Unit is defective, it may engage a local qualified project inspection agency to conduct inspection. If the main structure is proved defective, Party B shall have the right to terminate this Contract unilaterally. Article 19 Party B shall notify Party A in writing when it exercises its right to terminate this Contract unilaterally as specified herein. Party A shall refund Party B the paid purchase price (inclusive of the accrued interest calculated at the then effective days corresponding deposit rate published by the People’s Bank of China) within upon Party A’s receipt of Party B’s written notice. Party A shall also be liable for compensations in the amount of % of the total purchase price, which shall be paid to Party B together with the refund of the purchase price. The paid purchase price as provided in this article or other articles hereof refers to the price directly paid by Party B or paid by means of loan by Party B. Article 20 In the event that one party terminates this Contract unilaterally pursuant to this Contract and the other party has paid the liquidated damages before unilateral termination, the paid liquidated damages should be deducted from the compensation payable under this Contract. Article 21 If one party has any objection to the unilateral termination of the Contract by the other party, such party shall apply to the dispute settlement institution as agreed in Article 33 to confirm the effect of this termination within days upon receipt of the written notice of termination issued by the other party. Article 22 In the event that any other project quality defects exist when Party A delivers the Unit, Party B shall be entitled to request Party A to repair the defects at Party A’s cost
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within the warranty period. In addition, Party A shall compensate Party B of the repair fees and expenses.

time

The parties agree that if any disputes arise from the standard hereof, the parties shall engage a local qualified project inspection agency to conduct inspection. The written inspection opinion issued by such agency shall be the basis for the settlement of such disputes. Article 23 Party A shall bear the responsibility of warranty of repair upon the delivery of the Unit. The scope and term of warranty of repair shall be agreed by both parties in Appendix 5 with reference to the Administrative Regulations on the Construction Projects Quality promulgated by the State Council and the Shanghai Municipal Real Estate Transfer Measures. Article 24 Party A has engaged to conduct the pre-phase property management. The Pre-phase Property Service Contract has been signed and attached hereto as Appendix , both parties have signed the Interim 5. Since the planned use of the Unit is Deed of Mutual Covenant (see Appendix 5). Article 25 The Unit purchased by Party B is inseparable to its corresponding land use right. Starting from the date of the Unit being transferred to Party B, rights, obligations and responsibilities under the Land Use Right Transfer Contract entered into by and between Party A and shall be transferred to Party B. Article 26 Party B’s rights and interests (premises option) under this Contract can be transferred or mortgaged by Party B according to relevant laws and regulations. Party A shall provide necessary assistance when Party B exercises the forgoing rights. Article 27 Any document, reply and other communication given by one party to the other party pursuant to this Contract shall be issued in writing and shall be sent via certified mails or personal delivery to the other Party’s address as provided in this Contract or the other Party’s address changed in such manners as provided hereof. If one document is sent via certified mail, it will be deemed having been served to the other party on the day after sending (as evidenced by post stamp); if sent via personal delivery, it will be deemed having been served upon execution of the other party. Article 28 The taxes incurred in the transaction of the Unit shall be borne by each party according to relevant laws and regulations. Article 29 The supplemental clauses, appendices and supplementary agreements are integral part of this Contract. If there is any inconsistency between the supplemental clauses, the supplementary agreements and this Contract, the supplemental clauses and supplementary agreement shall prevail.
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The outstanding matters and the matters need to be changed during the performance of this Contract shall be specified in the amendments to this Contract. Article 30 The parties understand and acknowledge their respective rights and obligations herein when they execute this Contract and are willing to perform the Contract in good faith according to the stipulations herein. If one party breaches the Contract, the other party shall have the right to claim for compensation according to the stipulations herein. Article 31 This Contract shall come into effect upon execution by both parties / notarization by / Notary Office. Both parties are jointly responsible for registering this Contract with real estate registration department within 30 days after it takes effect. If the responsible party fails to conduct the registration within the time period provided herein causing loss to the other party, it shall be liable for the compensation. Article 32 If the parties agree to terminate this Contract after the registration of this Contract, they shall submit written documents regarding the termination of the Contract to Yang Pu District real estate registration department for the cancellation of the registration of this Contract within 30 days upon termination. If Party A or Party B terminates the Contract unilaterally pursuant to the provisions hereof, it shall submit the receipt for serving the written notice of termination to the real estate registration department for the cancellation of the registration of this Contract. Article 33 Any dispute arising from or in connection with the performance of this Contract shall be settled by mutual consultation. If such dispute fails to be settled through consultation, it shall be resolved according to the methods listed in item 2 below: (please scratch out the method blow which is not chosen) 1) Such dispute shall be submitted to __/__ Arbitration Commission for arbitration; or 2) Such dispute shall be submitted to a People’s Court for trial. Article 34 This Contract is made in six copies with equal legal effect, among which Party A and Party B shall hold two copies respectively, and Yang Pu District Real Estate Exchange Center, relevant departments and the bank extending the loan shall respectively hold one copy.

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Appendix 1 Payment Method and Schedule

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Appendix 2 Construction Design & Plan of the Unit

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Appendix 3 Structure and Fitting-out & Facility Standards of the Unit

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Appendix 4 Relevant Information of the Unit (Ownership, Mortgage and Lease)

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Appendix 5 Pre-phase Property Management Contract, Deed of Mutual Covenant or Relevant Undertaking Letter of the Unit

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Appendix 6 Adjacent Relationship and Area Plan Layout of the Unit

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Party A (Name):

Party B (Name):

Legal Representative (Signature):

(Signature):

Authorized Representative of Legal Representative (Signature): Representative of _________ (Signature):

Authorized Representative/ Legal

Seal:

Seal:

Date:

Date:

Place:

Place:

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