ex10-61.htm


    
      

    

    
      Exhibit
10.61 

    

     

    Land
Lease Contract

     

    Party A:
Sanming Huajian Bioengineering Co., Ltd.

    Party B:
Sanlin Forestry Bureau

     

    To
develop the bioengineering industry and to promote the modernized development of
herbal medicine/traditional Chinese medicine, the Parties have agreed to enter
into this contract on Party B’s leasing the plot to Party A as Polygonum
cuspidatum cultivation base, following full consultation on the principle of
mutual benefits. The Parties agree as follows:

    
      	 
      	 
      
	
              I.

            	
              Base
      to be leased and term:

            


    

              The
base that Party B intends to lease to Party A lies in Sanyuan
District, Sanming, covering an area of 3,000 mu. The Parties agree that
the lease term shall be thirty years, between July 1, 2009 and June 30,
2039.

    
      	 
      	 
      
	
              II.

            	
              Rent:

            


    

              The
Parties agree that that the rent of the base shall be 1,200
yuan/mu.

    
      	 
      	 
      
	
              III.

            	
              Method
      of Payment:

            


    

              To
safeguard the interests of both Parties and keep the project rolling on, the
Parties agree that Party A shall pay Party B RMB 3.6 million Yuan as a margin,
which shall be settled upon execution hereof. The rent shall be paid every 5
years. The first payment shall be completed within a month following the
execution hereof, with the next pay years being 2014, 1019, 2024, 2029, and 2034
respectively;

    
      	 
      	 
      	 
      
	
              IV.

            	
              Obligations

            
	
              1.

            	
              Party
      A’s Obligations:

            
	 
      	
              Party
      A shall not alter the usage of the base; the herbs shall be harvested by
      professional management teams authorized by Party B.

            
	 
      	
              Party
      A shall be responsible for the management of the base, including
      prevention of forest fire, landslide or other natural
      disasters.

            
	 
      	
              Party
      A shall not terminate the agreement without any reason, and shall pay the
      rent on time.

            
	
              2.

            	
              Party
      B’s Obligations:

            
	 
      	
              Party
      B shall assist Party A with the management of the base.

            
	 
      	
              Party
      B shall ensure that the base is cleared of buildings for plantation
      purposes.

            
	 
      	
              Party
      B shall help Party A smooth out its relationship with the local people and
      government, in order to protect Party A’s interest.

            
	 
      	
              Party
      B shall not terminate the contract without any reason or enter into any
      contract with a third party.

            
	 
      	 
      
	
              V.

            	
              Liabilities
      for Breach of Contract:

            
	
              The
      Parties shall perform the provisions hereof. In case of any breach, the
      breaching party shall be held liable to the other Party for a liquidated
      damage at twice the amount of the
margin.

            


    

     

    
      
         


      

      
         


        
          

        

      

      
         


      

    

     

    Party A
shall not delay payment of rent, or it will he held liable for a penalty at %o
that of the rent for each day of delay. A delay of over three month shall
constitute breach hereof.

    
      	 
      	 
      
	
              VI.

            	
              Settlement
      of Disputes:

            
	 
      	
              The
      Parties shall settle through negotiation any dispute arising from the
      performance hereof. In the event the negotiation fails, the Parties may
      submit the dispute to the local people’s court for
    settlement.

            
	 
      	 
      
	
              VII.

            	
              Entering
      into Force

            
	 
      	
              The
      Contract enters into force upon execution by representatives of both
      Parties. The contract shall have two counterparts, with either Party
      holding one copy. The Parties may enter into separate agreements for
      matters not mentioned herein.

            


    

     

    
      	
              Party
      A: Sanming Huajian Bioengineering Co.,
    Ltd.   

            	
              Party
      B:

            
	
              Representative:

            	
              Representative:

            
	
              Date:
      May 6, 2009

            	
              Date: