TENANCY AGREEMENT by H6MGA5Q

VIEWS: 35 PAGES: 5

									                                                                                    AB2008-212




                               TENANCY AGREEMENT
                   (For lease term from one month to six months)
This Agreement is entered into at Beijing China on (19th August 2008):
BETWEEN

1.   Lessor:    Hemliner (Beijing) Real Estate Co., Ltd., a limited company
                incorporated and existing in accordance with the laws of the
                People’s Republic of China, with its registered address No. 108B
                Jian Guo Road, Chaoyang District, Beijing 100022 P.R.C.
                (hereinafter known as the“Lessor”); and

2.   Lessee: :                                       .



WHEREAS:
1. The Lessor has developed, owns, and has engaged Ascott Property Management
    Beijing (“Ascott’) Co., Ltd. to manage Ascott Beijing located at No. 108B
    Jian Guo Road, Chaoyang District, Beijing 100022 P.R.C. (hereinafter
    known as the “Property”);
2. The Lessor is agreeable to leasing out, and the Lessee is agreeable to leasing,
   the unit [      ] in the said Property as residence for the Lessee’s
   employee/authorized person                      and/or his family members
   (“Residents”) in accordance with the following terms and conditions;
Both parties have entered into the following agreement with regard to the above
matter:
1. The Premises:


The premises with renovations and furnishings is unit  【 】 Ascott Beijing at No.
                                                             in
108B Jian Guo Road, Chaoyang District, Beijing 100022 P.R.C., with a Gross
Floor Area of [ ] sqm (hereinafter known as the “Premises”). The Furnishings
have been included in the property inventory list. Lessee hereby expressly agrees
to waive the legal priority right to purchase the rental Premises.


2. Rental Purpose:

The Premises is only meant for residential purposes. The Lessee shall not use the Premises or
any part thereof for any illegal or immoral purpose or for any other purpose. The Lessee shall
be forbidden from transferring, subletting or sharing all or any part thereof of the Premises to
any third party in any way prior to obtaining written consent from the Lessor.

3. Lease Term:

The tenancy period shall be [      ] months, from [                 ] to [              ] (both


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inclusive), the Lessee has no right to terminate this Agreement before expiration, otherwise it
shall be deemed to be a breach of this Agreement, and the Lessor shall, in accordance with this
Agreement, have the right to forfeit the Deposit and require the Lessee to make compensation
for any losses so incurred.

4. The Rent:

The gross monthly rent shall be RMB [           ] and the rent includes:
(1)     Rent for the Premises;
(2)     Rent for the Renovations and Furnishings;
(3)     Fee for routine cleaning service [six] times weekly (except Sunday &
        public holiday);
(4)     One broadband;
(5)     Daily breakfast
(6)     An allowance of RMB1,000 for utility (water, gas and electricity);
(7)     One water dispenser and three barrels of water;
(8)     All taxes payable;
(9)     Free usage of part of the clubhouse facilities.

All allowance will be prorate according to calendar month & cannot be transferred
to any other calendar month.

Besides the above items, other services provided by the Lessor or its authorized
managing agent shall not be included in the Rent, especially the following:

 (1)    Telephone local call, DDD, IDD charges;
 (2)    Laundry and dry cleaning services;
 (3)    Car Parking.

5. Security Deposit:


5.1 Security deposit waived due prepayment of full rental and miscellaneous deposit of
    RMB [3,000] (paid by the residents upon check in) shall be paid to the Lessor based on
    the stipulations of this Agreement and shall be retained by the Lessor throughout the term
    of the Lease without any interest.

5.2 If the Lessee terminate the Lease before expiration, or the Lessor exercises its right of
    termination herein in the event of a breach by the Lessee under this Agreement, the Lessor
    shall have the right to forfeit the entire Deposit and the Lessee shall have no right to ask
    for its refund; and the Lessor shall, should the Lessee fail to appropriately fulfill or
    comply with his/her duties and obligations as stipulated under this Agreement, be entitled
    but not obliged to use the Deposit or part thereof as compensation for any sums owed or as
    reimbursement for any losses or expenses incurred as a result of a breach of this
    Agreement by the Lessee or shortfall and the Lessor has the right to pursue reimbursement
    of any outstanding sum. This above right shall not in any way affect the other rights or


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      compensation due to the Lessor as stipulated under this Agreement or by the relevant
      laws.
5.3      Upon the expiration or early termination of the Term, the Lessor shall,
       within 20 working days after the Lessee has handed over the Premises to the
       Lessor as well as paid all sums due in accordance with the agreement, return
       the Deposit or the balance thereof to the Lessee.


6. Other Fees


6.1 The Lessee shall pay all monthly water, electricity and gas charges for the
    Premises in excess of the allowance of RMB1,000 per month.
6.2 The Lessee shall also pay all charges arising from the usage of all
    communication means including the telephone, etc.
6.3 The Lessee shall pay the abovementioned charges within five days of receipt
    of the above invoices, or else the Lessor shall have the right to charge the
    Lessee a late payment fine in accordance with the rate charged by the public
    utilities departments.


7. Extension of Lease

Upon the expiration of this Agreement, the Lessee may, if it has not breached any of the terms
and conditions as stipulated in this Agreement during the Term, choose to extend the term of
the Agreement. However, the Lessee shall give at least written notification of such intention at
least 15 days prior to the expiration of the tenancy to the Lessor. The terms and conditions of
the renewed tenancy term shall be negotiated between the Parties, based on the prevailing
circumstances.

8. Payment


8.1 Rent shall be payable in advance on a monthly basis and no offset or deduction of the
    Rent payable for any reason whatsoever is permitted.
8.2 (where applicable) The first payment of the Rent and the Deposit shall be made by the
    Lessee in advance, within 5 [five] days from the date of signing this agreement or latest by
    the date of commencement of the Term. The Lessor shall be entitled, but not obliged, to
    postpone the delivery of the Premises to the Lessee should the Lessee fail to make the
    aforesaid payment, until the Lessee pays the full amount of the aforesaid payment due and
    the Term shall be postponed accordingly. Under the circumstances, and the Lessor shall
    also be entitled but not obliged to terminate this Agreement. This aforesaid right shall not
    in any way affect the other rights and obligations of the Lessor as stipulated by this
    Agreement or under the relevant laws.
8.3 Save for the first payment of the Rent, all other monthly Rent payment shall be made in
    full by the Lessee to the Lessor in advance before the first day of each month without any


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    other further notification or demand by the Lessor.

9   Unpaid Payment

As regards monies due to be paid to the Lessor by the Lessee in accordance with the
stipulations in this Agreement, the Lessee shall pay a fine of 0.5 % of the amount due per day
for each day that payment is not made after 7 [seven] days from the due date, until all overdue
payments are paid; the Lessor, apart from the right to collect late payment fine as stipulated
above, shall also be entitled but not obliged to terminate this agreement should the Lessee fail
to make payment after 15 days from the due date.

10 No change to the Premises

Prior to obtaining written consent from the Lessor, the Lessee shall not change in any way the
existing condition of the Premise. Should the Lessee damage or destroy any of the facilities,
Renovations and Furnishing (normal wear and tear excepted), the Lessee shall be responsible
for the repair, restoration or replacement of any damages made to the facilities, renovations
and installations (normal wear and tear excepted) and return it to the original condition as at
the commencement of the tenancy within 48 hours of notification by the Lessor.

11 Rules and Regulations
The Lessee shall comply with all related rules and regulations laid out by the
Lessor or the managing agent with regard to the overall management of the whole
Ascott Beijing. The Lessor shall have the right to add on, make additions, cancel
or temporarily suspend execution of any of the rules and regulations regarding
Ascott Beijing at any time and from time to time.


12 Lessor’s right of entry
The Lessee shall grant access to the Lessor and its authorized agents into the Premises as and
when the Lessor deems there is a need to undertake the maintenance or work related to the
management or maintenance of the Property and the Premises or to perform its obligations
according to this Agreement, at reasonable hours, although prior notice should be given to the
Lessee if circumstances permit and except the emergency. The Lessee is aware of and
consents to the Lessor retaining and holding the keys or electronic card keys to the Premises.

13 Yielding up of premises
The Lessee shall, upon the expiration or early termination of this agreement, return the
Premises and its attached facilities, Renovations and Furnishings in its original state as at the
commencement of the tenancy (normal wear and tear excepted) back to the Lessor regardless
of whether he/she had obtain prior notice from the Lessor. The Lessee shall pay twice the
amount of the daily rent (monthly rent/30) stipulated in this Agreement for every day that
he/she fails to return the Premises and its attached facilities, Renovations and Furnishings in
accordance with the aforesaid conditions, till the day he/she fulfils the said obligation.

14 Breach of Contract


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14.1 Any breach of any clause in this agreement by any one party constitutes a breach of
    contract.
14.2 Should any party fail to fulfill any of the obligations stipulated within this agreement, and
    fail to take appropriate and effective steps to rectify the breach within 15 days of receipt of
    the other party’s written notification to do so, then the other party has the right to
    terminate this agreement.
14.3 Should this agreement be prematurely terminated due to the actions of one party, then the
    party in breach of the contract shall compensate the other party for any losses so incurred,
    including but not limited to any loss in expected revenue.
14.4 In particular, as regards monies due to be paid to the Lessor by the Lessee in accordance
    with the stipulations in this agreement, the Lessee shall pay a fine of 0.5 % of the amount
    due per day for each day that payment is not made after seven days from the due date,
    until all overdue payments are paid; the Lessor, apart from the right to collect late
    payment fine as stipulated above, shall also be entitled but not obliged to terminate this
    agreement should the Lessee fail to make payment after 15 days from the due date.
14.5 In particular, the exercise by the Lessor of any its rights under this clause in the event the
    Lessee is in breach of contract, shall not in any way affect and diminish the right of the
    Lessor to forfeit the Deposit in accordance with this agreement.
14.6 Kindly sign below and return a copy to us by [               ], otherwise, this agreement will
    be considered void. Should the Residents require any assistance or information, please feel
    free to contact Residence Manager Ms. Anita Zhang or Sales Associate Ms. Maggie
    Wang.



IN WITNESS WHEREOF the authorized representative of the parties hereto has
hereunto set his hand and seal the day and year first above written.

Lessor:
     Lessee:



Authorized representative:                                                             Authorized
     representative:



Signature: ____________________                                                         Signature:
     ______________________




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