VIEWS: 78 PAGES: 19 CATEGORY: Legal Forms POSTED ON: 5/19/2010
Temporarily lease commercial space in China to a business tenant with this Short Term Commercial Lease. - The tenant will have the option to renew the lease by giving written notice to the landlord prior to the end of the initial term . - If the tenant holds over after the termination of the lease, the landlord has the right to collect an occupancy fee based on the then current market rental rate. - Either party has the right to terminate the lease early. - The tenant shall pay fees for electricity telephone, decoration supervision fees and a decoration security deposit, in addition to the security deposit to be held against nonpayment of rent or damages to the premises. - The landlord is responsible for paying all taxes and fees payable in connection with the lease of the premises. - There will be an initial rent-free period for decoration of the premises, during which the landlord will provide the necessary water, electrical supply, lifts and traffic access. - The tenant must apply to the relevant government department for any required business license, and must observe the laws of the PRC in conducting its business. - If the government demands repossession of the building for public purposes, the tenant agrees to turn over possession. - The lease contract includes a set of Building Rules and Regulations governing the use and occupancy of the building by tenants. This China Short Term Commercial Lease is governed by the laws of the People's Republic of China. A Chinese translation of the document may be required.
SHORT-TERM LEASE AGREEMENT Lessor: [NAME OF LESSOR] (“Party A”) Registration Domicile: Beijing, China Legal Representative: _____________ Address: _____________ Telephone No.: _____________ Fax No.: _____________ Email: _____________ Lessee: [NAME OF LESSEE] (“Party B”) Registration Domicile: Beijing, China Legal Representative: _____________ Address: _____________ Telephone No.: _____________ Fax No.: _____________ Email: _____________ Date of Lease: _______________________ WHEREAS: 1. Due to work requirements, Party B wishes to temporarily lease commercial space from Party A in exchange for monthly rental and maintenance payments. NOW THEREFORE, Party A and Party B hereby agree on the following terms and conditions and agree to perform this Agreement according to such terms and conditions: ARTICLE 1 – LEASED PREMISES 1.1 Party A hereby agrees to lease to Party B the __________ floor of _______________________ [insert name of building] (hereinafter referred to as the “Building”), located at ________________________________________________ [building address], ______________ District, with the aggregated area under the lease of __________________________ square metres (________________m2) (usable area). The position of the lease space is set out in the drawing attached hereto as “Appendix A”, and is hereinafter referred to as the “Leased Premises”. 1.2 Party B shall lease ____________________________ (__________) [insert the number of spaces in both words and numerals] parking spaces in the basement of the Building. -2- 1.3 The Leased Premises shall be used only for the purpose of _________________________________ [describe tenant’s business to be conducted in the premises, e.g. “a business office”]. 1.4 Party B may jointly use the common areas and common facilities of the Building with other tenants, but it must observe the usage regulations of the management company. 1.5 Party A shall provide the interior decoration, with the standard as: (a) the ground of the __________ floor shall be cement flooring; (b) general gypsum board suspended ceiling; (c) emulsion paint on the walls; (d) wood skirting board; (e) general insert fluorescent lighting. ARTICLE 2 – LEASE TERM 2.1 The term of the Lease shall be for a period of _____________________ (___________) [insert the number of years/months in both words and numerals] [years/months], commencing on the _________ day of ____________________, _________ and terminating on the __________ day of ________________________, ______________. 2.2 Upon expiration of the Lease term, Party A shall have the right to take back the Leased Premises and Party B shall promptly return the Leased Premises. In the event that Party B wishes to renew the lease, Party B shall provide Party A with a minimum of _______________________ (________) [insert the number of months in both words and numerals] months’ written notice prior to the expiration of this Agreement. Should Party B fail to reach a renewal agreement with Party A one (1) month prior to the expiration of this Agreement, Party A shall be entitled to lease the Leased Premises to a third party. 2.3 Upon expiration or termination of this Agreement, Party B shall return the Leased Premises to Party A within _____________________ (____________) [insert the number of days in both words and numerals] days of termination. Any holdover beyond such time shall result in Party B being charged a holdover occupancy fee, as set forth in Section 4.5. ARTICLE 3 – RENT AND PAYMENT 3.1 During the Lease term, Party B shall pay to Party A a monthly rent of RMB________________________ (including the property management fee) per square metre (usable area) for a monthly rent total of RMB____________________________ per month. 3.2 The rent for each parking space allotted to Party B is RMB__________________ per parking space, per month. 3.3 Party B may install direct telephone lines with an IDD function from the telephone office on its own, for which it shall pay Party A a lump-sum amount of RMB____________________ per line, and Party A shall cooperate in connecting them to the telephone ports within the Leased Premises. 3.4 Party B shall pay to Party A the rent for the Leased Premises on a monthly basis. The first month’s rent for the Leased Premises must be paid to Party A upon the signing of this Agreement and, thereafter, Party B shall pay the monthly rent to Party A before the seventh (7 th) day of each month during the term of this Agreement. -3- 3.5 Party B’s actually incurred telephone and electricity charges, and any other fees for compensable services, must be paid by Party B to Party A no later than seven (7) days after the end of the month for which Party B received written notice of such fees from Party A. 3.6 Party A shall accept payment from Party B in any of the following methods: _____________________________________ [detail which methods of payment will be accepted, e.g. check, remittance, etc.] 3.7 In the event that Party B fails to pay all charges due and owing to Party A in full by the designated deadlines in accordance with the charges listed in terms of this Agreement, Party A shall have the right to collect from Party B a late charge for every day such payment is late, in the amount of _______________ percent (__________%) of the rent and related expenses that Party B has failed to pay. ARTICLE 4 – SECURITY DEPOSIT 4.1 Upon execution of this Agreement, Party B shall pay to Party A a security deposit of RMB__________________________. 4.2 In the event that Party B violates any of the terms and conditions of this Agreement, Party A may provide Party B with written notice requesting Party B to fulfil the said terms and conditions. Should Party B still fail to fulfil the terms and conditions of the Agreement fifteen (15) days after receipt of such written notice, Party A shall be entitled to use and deduct all or part of the security deposit in the amount of the losses caused to Party A due to Party B’s violation of such terms and conditions. Should Party B’s security deposit be less than the amount provided in Section 4.1, Party B must make up the security deposit in full within seven (7) days of the receipt of written notice from Party A. Otherwise, Party A is entitled to collect a late charge from Party B in the amount of _____________________ percent (________%) of the security deposit shortage. 4.3 Should Party B lease from Party A direct line telephones with an IDD function, the telephone line security deposit shall be RMB_________________________ per line. Pending the termination of this Agreement, and after Party B returns the Leased Premises to Party A in good condition and pays all telephone charges in full, Party A shall return the telephone line security deposit to Party B in full, without interest. 4.4 Upon termination of this Agreement, provided that Party B has not violated any of the terms or conditions herein, has paid all charges due and payable, and has returned the Leased Premises in good condition, Party A shall refund to Party B the full amount of the security deposit within thirty (30) business days, without interest. Should the cost of losses caused to Party A by Party B’s actions total more than the amount of the security deposit, Party A shall be entitled to request that Party B pay a sum to compensate for any losses incurred. 4.5 Upon expiration or termination of this Agreement, Party B shall return the Leased Premises to Party A within ________________________ (_____________) [insert the number of days in both words and numerals] days of termination. Should Party B occupy the Leased Premises beyond the deadline, Party A shall have the right to collect an occupancy fee based on the market rental rate at the time of such holdover, and to deduct such fee from Party B’s security deposit. In the event that the security deposit is insufficient to offset the additional rent charges, Party A shall be entitled to recover such holdover occupancy fees from Party B. -4- 4.6 Party B may not rely on having paid the security deposit to Party A as grounds for refusing to pay any other charges payable. ARTICLE 5 – EARLY WITHDRAWAL FROM LEASE 5.1 In the event that either party wishes to withdraw early from this Agreement, it shall provide the other party with a minimum of ____________________ (___________) [insert the number of days/months in both words and numerals] [days/months] notice, and shall also pay the other party a liquidated damage for an amount equal to _________________ percent (___________%) of the total annual rent charge. Party A shall also return to Party B any rent which Party B has already paid but which has not actually been incurred. ARTICLE 6 – OTHER CHARGES 6.1 Party B shall, in a timely fashion, pay to Party A charges such as electricity fees, decoration supervision fees and a decoration security deposit during the decoration period. 6.2 Should Party B lease Party A’s direct telephone line, the actual telephone charges incurred should be paid in full by Party B based on the amount charged by the telephone office. 6.3 If the Leased Premises are outfitted with a smart card independent electric meter, the power charges shall be bought by Party B on its own, in advance at Party A’s office location. 6.4 Party B shall pay any other fees for compensable services, including, but not limited to, business center service fees, interior cleaning fees and conference room rental charges. 6.5 Any and all taxes and fees payable by Party A according to applicable laws or relevant provisions in connection with the lease of the Leased Premises shall be paid solely by Party A. ARTICLE 7 – INTERIOR DECORATION 7.1 There shall be a rent-free period of _________________________ (___________) [insert the number of days/months in both words and numerals] [days/months] for decoration of the Leased Premises, which shall commence on the ____________ day of ____________________, ___________ and shall continue to and including the _____________ day of ______________________, ___________, provided that Party B shall still pay to Party A during the rent-free period a property management fee of RMB_______________________ per square metre per day. 7.2 Party A shall, from the _________ day of ____________________, _________, provide Party B with the necessary conditions for decoration, such as work site, temporary water and electricity supply, lifts and traffic access for goods and personnel. In the event of the decoration period being delayed due to Party A’s fault, the rent-free period for decoration shall be calculated according to the actual days spent for the decoration and the rent-free period shall be extended according to the actual days thus delayed. 7.3 Party A shall assist Party B in handling the procedures with the relevant government authorities for approval of the decoration work, such as the fire-fighting bureau, designing institution, quality inspection station, etc. In the event of the decoration being delayed due to Party A’s fault, the rent-free period for decoration shall be extended according to the actual days thus delayed. -5- 7.4 In the event of the rent-free period for decoration being delayed due to Party B’s fault or the authorised decoration company being unable to submit, in a timely manner, the decoration plan to the Beijing fire-fighting department or relevant government department, the rent-free period for decoration shall not be extended and Party A shall not bear any liabilities. ARTICLE 8 – PARTY A’S RIGHTS AND OBLIGATIONS 8.1 Party A is entitled to collect the stipulated rent and other charges in accordance with the terms of this Agreement. 8.2 Party A, or its authorized property management company, is responsible for the building management and maintenance, including, but not limited to, security, fire control, cleaning of common areas, and reasonable repair and maintenance of common areas. Party A is responsible for ensuring that all normal services are available to Party B, including, but not limited to, water, electricity, supplies, lighting, air conditioning, telephone lines and washrooms. 8.3 Party A shall have the right to create or amend the building management regulations, and any other rules and regulations based on the actual building management circumstances, provided that such rules and regulations are in accordance with the laws of the People’s Republic of China. 8.4 Party A shall be responsible for providing and maintaining adequate insurance for the common areas of the Building. 8.5 Party A is entitled to transfer all or any part of the property rights of the Building without the consent of Party B. In such event, however, Party A must provide Party B with written notice of the name and contact information of the new property owner, and the new titleholder must continue to observe the terms of this Agreement. 8.6 Provided it does not affect Party B’s use of the Leased Premises, Party A may alter parts of the Building, such as the location of the Building’s entrances, corridors, doors, platforms, staircases, lobbies, lifts or washrooms, but Party A must provide Party B with written notice of such changes. Party B is not entitled to demand compensation from Party A for any inconvenience, disturbances, loss of business, loss of space or any other reason due to such changes. 8.7 In the event of any of the following circumstances involving Party B, Party A is entitled to unilaterally terminate this Agreement: (a) Party B violates any national laws and regulations, or conducts illegal business operations or other illegal activities; (b) Party B changes the use of the Leased Premises without Party A’s authorization, or Party B sublets or assigns all or any part of the Leased Premises without authorization for use by a third party or for joint use with a third party; (c) Party B fails to pay the rent or other charges for two (2) cumulative months. 8.8 During the ______________________ (___________) [insert the number of months in both words and numerals] months prior to the expiration of the Lease term, Party A may enter the Leased Premises with any prospective tenant for the purpose of inspection, subject to notification to Party B and obtaining Party B’s consent to such inspection. -6- 8.9 In the event of any damage to the fixed apparatus and facilities, such as roof, main structures, floor, drainage pipes, gas pipelines, power cables, etc. which are not attributable to Party B, Party A shall assume the cost for the maintenance and repair. In the event that any such damage occurs, Party B shall promptly notify the property manager to arrange for the necessary repairs. 8.10 Party A shall be solely responsible for declaring and paying taxes and fees in connection with the lease of the Leased Premises. 8.11 Party A guarantees that the Building has already been granted the approval to be in operation and has passed the acceptance examination by the relevant governmental departments. 8.12 Party A shall deliver the Leased Premises to Party B strictly in accordance with the time and standards set forth in this Agreement. ARTICLE 9 – PARTY B’S RIGHTS AND OBLIGATIONS 9.1 Party B shall have the right to peaceful enjoyment and use of the Leased Premises. During the Lease term, if Party B has paid all rent and other charges due and owing and has observed all of the terms of this Agreement, Party A may not infringe without cause upon Party B’s right to use the Leased Premises (except as otherwise provided herein). 9.2 Party B shall strictly adhere to and respect any and all rules and regulations set out by Party A, including, but not limited to any tenant’s handbook, fire safety regulations and parking lot regulations. 9.3 Party B shall have the right to use the Leased Premises and the common areas and common equipment of the Building and assume the corresponding liabilities and obligations in accordance with the provisions of this Agreement and the rules and regulations of the Building. 9.4 Party B shall pay the rent and any other charges on time in accordance with the terms of this Agreement. 9.5 If Party B performs any interior decoration on the Leased Premises, it must observe any rules and regulations set forth by Party A with regards to decoration of the Leased Premises, including the following: (a) Party B’s interior decoration specifications must comply with any and all laws of the People’s Republic of China, the Building decoration rules and the Building management rules; (b) Should Party B wish to change the wiring layout, air conditioning system, or fire control system (including the sprinkler heads) within the Leased Premises, it shall submit a written request to Party A, and may proceed with such changes only after receiving Party A’s written consent. Further, any such changes or remodelling must be done by a contractor designated by Party A, at Party B’s expense; (c) During the decoration period, Party B must purchase fire and third party insurance, and it must assume liability for any and all damages to the Building and to the property of any other tenants of the Building caused by decoration of the Leased Premises; (d) In the event that Party B violates any Building decoration rules and/or fails to apply for the relevant decoration approval, Party A shall have the right to demand that Party B -7- cease all such decoration and/or remodelling, and remove any and all unauthorized decoration and/or remodelling which has already been done, at Party B’s expense; (e) Party B shall be responsible for the proper removal and disposal of all decoration garbage or waste. Such waste shall not be placed in the Building’s common areas. Otherwise, Party A shall be entitled to remove such garbage and waste at Party B’s expense; (f) Party B shall pay to Party A a Decoration Security Deposit as a precondition for Party B’s honest observance of the decoration rules. Upon completion of the decoration, Party B must provide Party A with written notice thereof to inspect the Leased Premises. If Party B has completed the work in accordance with Party A’s approval, Party A shall return the Decoration Security Deposit to Party B within one (1) month of the inspection, without interest. 9.6 Party B may not modify the Building’s facilities or take any actions within the Leased Premises that will affect the structure and/or appearance of the Building. Party B shall obtain Party A’s written approval for any modification of the Leased Premises prior to the commencement of any work. 9.7 Upon termination of this Agreement, Party B shall return the Leased Premises to Party A in its entirety, in accordance with Party A’s status quo, and all accessory equipment provided by Party A must be complete and appropriate. Further, any equipment, partitions and/or fittings installed by Party B must be complete and appropriate prior to being returned to Party A. Otherwise, Party A shall be entitled to recover from Party B any and all costs required to restore the interior fittings. 9.8 Party B shall be responsible for maintaining all facilities in the Leased Premises in good condition, including, but not limited to, doors and windows, walls, suspended ceilings, and all fixed appurtenances or equipment provided by Party A. In the event of any improper actions or usage by Party B resulting in damage to the equipment of the Leased Premises, Party B shall bear all repair costs. Any and all repairs of the facilities of the Leased Premises must be done by a contractor designated by Party A. If the facilities of the Leased Premises require repairs, Party B shall provide Party A with written notice of such required repairs and Party A shall be responsible for completing such repairs in order to keep the normal operation of Party B’s business from being affected. Additionally, Party B agrees that Party A may, upon written notice to Party B (except in the case of emergencies) repair and maintain all facilities within the Leased Premises. 9.9 Party B shall perform regular cleaning of the Leased Premises, at Party B’s expense. 9.10 Party B agrees that Party A, or Party A’s authorized agent, may enter the Leased Premises at reasonable times upon notification to Party B (except in the case of emergencies) in order to do the following: (i) take appropriate actions to deal with security issues, (ii) inspect the maintenance/service status of the Leased Premises, (iii) record Party A’s fixed installations, and (iv) conduct maintenance service, routine inspections and emergency repairs. Upon providing Party B with advance written notification, Party A may bring prospective tenants into the Leased Premises for inspection within ____________________________ (___________) [insert the number of months in both words and numerals] months prior to the expiration of this Agreement and Party B shall not unreasonably withhold consent of such entry. -8- 9.11 Party B shall be responsible for security in the Leased Premises and shall obtain and maintain sufficient insurance to cover the Leased Premises and Party B’s belongings therein. 9.12 Party B shall not engage in any activity that may cause all or any part of the Building insurance to become invalid. In the event that Party A is required to pay additional insurance premiums or any other related expenses due to Party B’s improper usage of the Leased Premises, Party B shall promptly pay compensation to Party A. 9.13 In the event of any damage to the Leased Premises due to Party B’s improper use, management, and/or maintenance of same, Party B shall promptly notify Party A or the Building’s property manager of such damage and shall assume the maintenance costs and compensation for any loss to Party A occurring as a result thereof. 9.14 Party B agrees that conduits to the Building’s common facilities, such as water, electricity, gas, communications and central air conditioning may pass through the Leased Premises. Party A shall, after providing written notice to Party B (except in the case of emergencies), be entitled to send its agents into the Leased Premises to conduct any relevant inspections, repairs and/or renovations. In the event that any renovation work performed by Party A affects the decoration of the Leased Premises, Party A shall compensate Party B for any such losses. 9.15 Except with the written consent of Party A, Party B may not transfer, sublease or otherwise let other parties use all or any part of the Leased Premises, or share the Leased Premises with any other person or company. ARTICLE 10 – PARTY A’S EXEMPTIO
Pages to are hidden for
"China Short Term Commercial Lease"Please download to view full document