标准厂房租赁合同(英文).doc

标准厂房租赁合同(英文)

LEASE CONTRACT

FOR

STANDARD FACTORY PREMISES

BETWEEN

Ä(PLEASE INSERT THE NAME OF THE LESSOR)

AND

Ä(PLEASE INSERT THE NAME OF THE LESSEE)

CONCERNING

Ä(PLEASE INSERT THE NAME OF THE STANDARD FACTORY PREMISES)

Ä(MONTH) (DATE), (YEAR)

Ä(PLACE), CHINA

LEASE CONTRACT FOR STANDARD FACTORY PREMISES

TABLE OF CONTENTS

1. LEASE 1
2. TERM OF LEASE AND FIT-OUT PERIOD 1
3. RENT AND FEES 2
4. DELIVERY AND TAKING POSSESSION OF THE FACTORY PREMISES 4
5. REPAIR AND MAINTENANCE 6
6. ALTERATION AND REBUILDING 7
7. RETURN 8
8. OTHER RESPONSIBILITIES AND OBLIGATIONS 8
9. TAXES, FEES AND CHARGES 9
10. REPRESENTATIONS AND WARRANTIES 10
11. TERMINATION 12
12. INSURANCE 13
13. FORCE MAJEURE 13
14. NOTICE 14
15. GOVERNING LAW AND DISPUTE RESOLUTION 15
16. MISCELLANEOUS 15
APPENDIX 1 18
CERTIFICATE OF BUILDING OWNERSHIP OF THE PREMISES 18
APPENDIX 2 19
STATE-OWNED LAND USE RIGHT CERTIFICATE OF THE LAND 19
APPENDIX 3 20
BASIC INFORMATION OF THE FACTORY PREMISES 20
APPENDIX 4 21
REQUIREMENTS OF THE FACTORY PREMISES UPON DELIVERY 21

This Lease Contract for Standard Factory Premises (hereinafter referred to as the “Contract”) is entered into by and between the following parties in (Please insert the execution place), the People’s Republic of China (the “PRC”) on (Month) (Date), (Year):
Party A (Lessor): (Please insert the name of the Lessor)
Party B (Lessee): (Please insert the name of the Lessee)
(Party A and Party B hereinafter referred to individually as the “Party” and collectively as the “Parties”.)
After full negotiation, Party A and Party B hereby enter into this Contract on the lease of the No. (Please insert the serial number) standard factory premises located in (Please insert the location):
1. LEASE
Party A hereby agrees to lease to Party B certain premises of the No. (Please insert the serial number) standard factory premises, with a construction area of (Please insert the area of the premises) square meters (the “Premises”), located in (Please insert the location), whose details are more specifically and fully described in the Building Ownership Certificate attached hereto as Appendix 1, together with the State-owned land use rights of the land (the “Land”) pertaining to the Premises with a total area of (Please insert the area of such Land) square meters (the “Land Use Rights”), which is obtained by granting (the boundary of the Land, and the nature and term of the Land Use Rights, etc. are more specifically and fully described in the State-owned Land Use Rights Certificate attached hereto as Appendix 2), and all fixtures and improved facilities currently existing on the Land, all public utilities and facilities related to the Premises and the Land (jointly referred to as the “Facilities” Facilities, together with the Premises and the Land Use Rights hereinafter collectively referred to as the “Factory Premises” in this Contract), for Party B’s use. The basic information of the Factory Premises is provided for in Appendix 3 of this Contract. Party B agrees to lease from Party A the Factory Premises.
2. TERM OF LEASE AND FIT-OUT PERIOD
Party B hereby leases the Factory Premises from Party A for a period of (Please insert the number) months (the “Term of Lease”). Unless otherwise provided hereinafter, the Term of Lease shall commence on (Month) (Date), (Year) and expire on (Month) (Date), (Year). (Month) (Date), (Year) shall be the commencement date of the lease.
Party A agrees to provide Party B with no less than (Please insert the number) months as the fit-out period before the commencement date of the lease (the “Fit-out Period”). The fit-out period shall commence on the next day of the date on which Party A delivers the Factory Premises to Party B in accordance with Article 4 hereof (“Commencement Date of the Fit-out Period”).
Party B is entitled to request renewal the lease of the Factory Premises (“Renewal”) with a notice to Party A in writing no later than (Please insert the number) months prior to the expiration of the Term of Lease. Under such circumstances, the Parties shall discuss and confirm the rent for the renewed term in accordance with the stipulation concerning the mark up of the rent for the renewed term as provided in Section 3 of Article 3 of this Contract. If the Parties reach a consensus of the rent for the renewed term, the Parties shall sign a renewal contract with the same terms and conditions hereof (except for the rent and the term of the lease), unless the Parties may agree otherwise.
3. RENT AND FEES
3.1 Unless this Contract is early terminated, and provided that Party A permits Party B to occupy and use the Factory Premises, Party B shall pay Party A the occupation fee of the Factory Premises during the fit-out period (“Factory Premises Occupation Fee”) and the Rent during the Term of Lease.
3.2 The Factory Premises Occupation Fee and the Rent during the Term of Lease shall be calculated as follows.
(a) The Factory Premises Occupation Fee shall be: (Please insert the amount of such Fee or the formula to calculate such Fee);
(b) Rent of the Factory Premises during the Term of Lease (“Rent”) shall be: (Please insert the amount of such Rent or the formula to calculate such Rent);
3.3 Upon the expiry of the Term of Lease, if Party B requests to renew the lease, the Parties may discuss adjustment to the Rent according to the then fair market rate and actual conditions of the Factory Premises. Upon Party A’s consent, however, the mark up of the total rent for the renewed term shall in no event exceed (Please insert the stipulated mark up) percent of the Rent provided in Section 2 (2) of Article 3 of this Contract, viz. total Rent of the Factory Premises shall not exceed USD (Please insert the amount of such total Rent)/month during the renewal term.
3.4 Both the Factory Premises Occupation Fee and the Rent shall be settled on a quarterly basis. If the expiry date of the fit-out period is a date other than the last day of a calendar quarter, the Factory Premises Occupation Fee and the Rent payable by Party B to Party A shall be the sum of the Factory Premises Occupation Fee and the Rent payable for such a calendar quarter, which are, respectively, calculated on a pro-rata basis based on the actual number of days of the fit-out period, for the Factory Premises Occupation Fee, and the term of lease, for the Rent, within such a calendar quarter. The Factory Premises Occupation Fee or the Rent or the total amount of the Factory Premises Occupation Fee and the Rent for each calendar quarter shall be paid before the twentieth (20th) day of the second month of each quarter following the Commencement Date of the Fit-out Period. If the Commencement Date is a date other than the first day of a calendar quarter, or the termination date of the Term of Lease is a date other than the last day of a calendar quarter, the Factory Premises Occupation Fee or the Rent for the first and the last quarter shall be prorated on a daily basis and paid respectively on or before the last day of the first and the last quarter.
3.5 Party B shall pay the Factory Premises Occupation Fee and the Rent by cash or check-only-for-account. Within three (3) days of receipt of the payment from Party B, Party A shall issue to Party B an official receipt which complies with financial regulations and requirements stipulated in the tax law.
3.6 Within three (3) days from Party A’s delivery of the Factory Premises to Party B, Party B shall pay an amount equal to three (3) month’s Rent without any deduction to Party A in advance as deposit (the “Deposit”) for Party B to perform the Contract. The Deposit shall not bear interests to Party B. Upon the expiration of the Term of Lease or earlier termination, the Deposit shall be returned to Party B pursuant to the provisions of this Contract after deducting all amounts payable and unpaid by Party B.
3.7 In the event that Party B delays to pay the Factory Premises Occupation Fee and/or the Rent, Party A may demand a penalty from Party B in an amount equal to (Please insert the rate of such penalty) (__%) of the overdue amount of the Factory Premises Occupation Fee and/or the Rent on daily basis. Party B, however, is not responsible for such penalty if such overdue is not attributable to Party B.
3.8 Party B shall bear all the fees and charges arising from its use of public utilities of the Factory Premises during the Term of Lease.
3.9 The Parties hereby acknowledge that Factory Premises Occupation Fee and the Rent payable by Party B to Party A hereunder shall be all the payment payable by Party B to Party A in connection with and for the lease of the Factory Premises hereunder, and, unless expressly provided otherwise hereunder, Party B shall not be required to and not be obligated to pay any other fees or charges to Party A for the lease of the Factory Premises hereunder, nor shall Party B bear any other liabilities in connection with the Factory Premises.
3.10 Any account hereunder shall be paid in RMB. In the event that any account is calculated in USD, it shall be converted into RMB according to intermediate exchange rate of RMB against USD posted by the People’s Bank of China on (Please insert the date) of the then current month.
4. DELIVERY AND TAKING POSSESSION OF THE FACTORY PREMISES
4.1 Possession
Both Parties hereby agree that Party B shall have the right to take possession of the Factory Premises on the Commencement Date of the Fit-out Period, and take exclusive possession of the Factory Premises for the Fit-out Period and the Term of Lease, thereby permitting Party B a full and unrestricted 24-hour use of the Factory Premises.
4.2 Preparation of the Factory Premises
Prior to Party B’s possession of the Factory Premises, Party A shall, at its own cost, prepare the Factory Premises so that Party B is able to make a full and proper use thereof for the purposes of this Contract. Party A shall, in particular, ensure that, prior to or on the date of Party B’s possession of the Factory Premises pursuant to this Contract:
(a) The construction of the Factory Premises has been completed and passed the completion acceptance in accordance with (Please insert the construction standards). The basic outfits are as follows:
(Please insert the particulars for such basic outfits).
The Parties agree that, in case the basic outfits of the Factory Premises set forth in this Section 2(1) are in conflict or have discrepancies with those set forth in Appendix 3 and Appendix 4 hereof, those of a higher requirement shall prevail.
(b) The Factory Premises shall have electricity and water supply facilities for Party B’s production and business operation. The diameter of pipe of water supply shall be (Please insert the number) mm, the diameter of water meter shall be (Please insert the number) mm and the box-style transformer substation shall have a capacity of (Please insert the number) KVA. The electricity wiring system of the Factory Premises shall be safe and comply with the standards stipulated in the relevant PRC laws and regulations with the electricity circuit of the Factory Premises separate from that of other buildings. All the abovementioned facilities shall be in a good condition and shall fully comply with all relevant State and local laws and regulations of the PRC.
(c) The Factory Premises shall comply with all the relevant safe standards, structurally sound without leakage or any other damage.
(d) The Factory Premises shall have fire protection facilities in compliance with the laws and regulations and the requirements of the fire protection department.
(e) Sewage (wastewater) central processing system has been established by (Please insert the place where the Factory Premises is located). Party B may discharge sewage or waste water possibly created during the process of its production and daily operation to the sewage central processing system that satisfy the minimum discharging standard required by the aforesaid sewage central processing system. Party A ensures that the process of sewage or waste water by the sewage central processing system complies with all applicable State and local laws and regulations on environment protection of the PRC and release Party B from any and all obligations or losses incurred from improper processing of above mentioned sewage central processing system.
(f) The Factory Premises shall be clean and free from all refuse, waste and all other deposit, debris, cast-off and impediment in, out and neighbouring the Factory Premises.
4.3 Party A shall deliver the Factory Premises to Party B in accordance with the conditions agreed herein before (Month) (Date), (Year). Party A shall serve fifteen days prior notice to Party B for the inspection of the Factory Premises. Party B shall conduct an inspection on the Factory Premises within ten (10) days of receipt of such notice. If the result of the inspection is eligible, Party B shall issue a written acceptance certificate to Party A. The date on which Party B issues such written acceptance certificate shall be delivery date of the Factory Premises. If the result is not eligible, Party B shall prepare a written report to Party A, listing all items of defects and non-compliance with the delivery conditions under this Contract which are detected in the inspection hereunder. Party A shall promptly provide a written response to such report as to whether it agrees to correct the defects and non-compliance, and, if it agrees, the plan and time schedule for correcting such defects and non-compliance shall be prepared, however, Party A shall not unreasonably refuse such correction. All corrective actions shall be completed within seven (7) days after Party B submits the report pursuant to this Section. If any of such corrective actions is not reasonably expected to be completed within such seven (7) days period, reasonable plan and timetable for the completion of such correction shall be proposed by Party A as may be acceptable to Party B to the greatest extent. After Party A completes the correction, it shall provide Party B with reasonable time to conduct an inspection on the Factory Premises again. If the result of the re-inspection is eligible, Party B shall issue a written acceptance certificate to Party A.
4.4 In the event that Party A fails to deliver the Factory Premises to Party B on or before (Month) (Date), (Year), Party A shall pay a penalty to Party B in an amount equal to (Please insert the rate of such penalty) Ä(__%) of the monthly rent on daily basis. Party B is entitled to rescind the Contract in the event that the overdue is over 30 days.
4.5 Notwithstanding Section 4 of Article 4 hereinabove, in the event any corrective action set forth in Section 3 of Article 4 above is not completed by Party A, or Party A is in breach of any of its obligations of repair and maintenance under Article 5 hereof,