Apartment Painting Contract - DOC

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					               LEASE CONTRACT ON APARTMENT



    This lease contract, through consultations between Beijing Housing

Service Corporation for Diplomatic Missions and                          in

accordance with the laws of the People’s Republic of China and the

relevant regulations of Beijing Municipality, is hereby concluded for

mutual observance.



                                 Article I

                             Parties in Lease

     Beijing Housing Service Corporation for Diplomatic Missions

(hereinafter referred to as “Lessor”) agrees to lease Apartment No.

Entrance No.         Building No.            at __________ Compound in

Chaoyang District, Beijing, to __________________ (hereinafter

referred to as “Lessee”) for use of its staff member. Lessee agrees to rent

above-mentioned apartment.



                                Article II

                       Description of the Apartment

    Type of the Apartment:       bedroom(s)        living room(s)

    Apartment area:          square meters.
                                      Article III

                                  Lease Term

     Lease terms commence from                  (date)      (month)           (year)

to       (date)            (month)             (year), both days inclusive.



                                      Article IV

                                        User

1. Lessee shall give the apartment to                                 (hereinafter

     referred to as “user”) for use within the period of lease.

2. Lessee confirms that the “user” described above is a staff member of

     its institution (corporation).

3. In case Lessee wants to change the user within the lease term, it shall

     notify Lessor in writing 7 days in advance. Lessee can give the

     apartment to a new user only after the two sides make an appropriate

     change to the name of the user described in the 1st clause of this

     Article.

4. Lessee promises not to give the apartment as indicated under Article

     I to anyone not belonging to its institution (corporation).



                                      Article V

                                        Rent

1. Monthly rent:                                    Yuan RMB.

2. The rent indicated in this Article includes apartment rent, charges of

     cold water, hot water, heating and gas, satellite TV and management
   fees.



                                Article VI

                            Ways of Payment

1. As of the date when this lease contract comes into effect, Lessee

   shall within 15 days pay to Lessor in full the rent in the amount

   RMB                            Yuan for the period from         (date)

   (month)         (year) to        (date)         (month)         (year),

   both days inclusive.

2. Rent is to be paid in way No. ______ as listed below

   from_________(date)___________(month)___________(year).

   (1) Monthly: payment is to be made prior to 15th day of each month;

   (2) Quarterly: payment is to be made on:

               1st Quarter: prior to 15th January;

               2nd Quarter: prior to 15th April;

               3rd Quarter: prior to 15th July;

               4th Quarter: prior to 15th October.

3. Lessee shall pay the rent to the Cashier’s Office of Lessor before the

   above-mentioned deadlines.

4. Lessor shall send the rent notice to Lessee 15 days ahead of above

   payment deadlines.

5. Checks paid by Lessee shall be in RMB issued by the Beijing branch

   of any Chinese commercial bank.
                               Article VII

                                 Deposit

1. Upon the signing of this lease contract, Lessee shall pay to Lessor a

  sum of money equivalent to                  month(s)’ rent as a deposit

  for Lessee to properly implement all the articles, provisions and terms

  of this lease contract (hereinafter referred to as the “deposit”). The

  deposit shall be paid in RMB, with a total of RMB                 Yuan.

2. In the event that Lessee violates any provisions of this lease contract,

  Lessor may use or detain the whole amount or part of the deposit,

  which shall be decided in accordance with the losses Lessee causes to

  Lessor. Lessor shall deduct from the deposit the cost of loss caused by

  Lessee’s failure in implementing the provisions pertaining to Lessee

  in this lease contract, which results in extra expenses paid by Lessor

  for Lessee. In case the deposit does not meet the above-mentioned

  expenses, Lessee shall make up for the discrepancy.

3. After the deposit is deducted by Lessor in accordance with the 2nd

   clause of this Article, Lessee shall, within 7 days, make up the

   amount of the deposit as stipulated in the 1st clause of this Article

   upon receipt of the written notice from Lessor.

4. In the event that Lessee has properly implemented all the articles of

   this contract and has not been in arrears with rent or other charges

   stipulated in this contract at the time when the lease contract

   terminates, within 3 workdays beginning from the date when Lessee

   returns the keys to the leased apartment, Lessor shall return the
   deposit to Lessee without interest at the evidence of the receipt of

   deposit payment showed by Lessee.



                              Article VIII

                    Lessor’s Rights and Obligations

1. Upon receipt of the deposit from Lessee, Lessor shall give Lessee

   the keys to the apartment before the date when the rent shall be

   counted from.

2. Lessor has the right of ownership and management of the apartment

   and its facilities, and shall respect Lessee’s legitimate rights to use

   the apartment as entitled in accordance with this contract.

3. Lessor has the right to collect the rent of apartment in accordance

   with this contract.

4. Lessor is responsible for providing the apartment leased to Lessee

   with such services as cold water, hot water, electricity, gas and

   heating, and shall guarantee the regular services after Lessee moves

   in. Lessor shall notify Lessee in writing no less than two weeks in

   advance of longtime supply interruptions caused by repairs and

   maintenance planned by the supply authorities of water, electricity,

   gas or heating (with the exception of interruptions due to causes

   arising from accidents).

5. Lessor is responsible for inspections, maintenance and repairs on the

   public equipment and facilities in the apartment and shall guarantee

   to keep them in good condition.
6. Lessor is responsible for whitewashing and maintaining the public

   parts of the apartment (corridors, gates, entrance hall etc.) and for

   cleaning and whitewashing the outside of the apartment building.

   Lessee shall provide assistance when the said work is underway.

7. Lessor is responsible for inspections, maintenance and repairs on the

   leased apartment and its relevant facilities, and for maintaining the

   structure of the apartment strong and secure and its facilities in good

   condition. In case of failure in inspections or untimely repairs,

   Lessor shall be responsible for the losses sustained by Lessee. Lessor

   shall inform Lessee and seek consent from it before engaging in

   inspections, maintenance and repairs in the apartment.

8. Under the normal use of Lessee, Lessor shall repair and maintain the

   apartment and its facilities free of charge in accordance with repair

   report from Lessee or damages found in inspections. In the event of

   misuse or damage caused by Lessee, Lessor shall charge Lessee for

   the labour and materials accordingly while conducting repairs.

9. In case of an emergency in which a fire or a water or gas leakage

   occurs in the apartment and there is no way for Lessor to inform

   Lessee in good time, Lessor has the right to enter the leased

   apartment to deal with the situation. Afterwards, however, Lessor

   shall let Lessee know as soon as possible about what has happened.

10. Lessor is responsible for installation of fire-fighting tools and

   equipment in public areas in the apartment building and for their

   regular inspections and maintenance.
11. In the event that Lessee had to move out of the apartment due to

   reasons such as city construction or major building renovation,

   Lessor shall give Lessee a 3-month advance written notice.

12. Lessor shall keep the public areas inside and outside of the

   apartment building clean and tidy.

13. Lessor shall maintain the normal functioning of the public facilities

   in the apartment building.



                                Article IX

                     Lessee’s Rights and Obligations

1. Lessee has the right to use the leased apartment and its facilities, but

   cannot use it for other purposes which are not stipulated in Article I

   of this lease contract.

2. Lessee shall pay rent and deposit in accordance with the provisions

   stipulated in this contract, and pay electricity expenses and other

   charges as scheduled in accordance with the regulations of relevant

   authorities in Beijing.

3. Lessee shall keep the interior of the apartment and its facilities in

   good condition. In the event that the apartment or its facilities are

   damaged (excluding natural wear and tear) due Lessee’s own

   negligence, Lessee shall bear all the expenses for fix and repair.

4. Lessee shall provide Lessor with necessary assistance and

   convenience when Lessor engages in inspections and repair work in

   the apartment.
5. In cases described in (9) of Article VIII, Lessee shall show

   understanding towards Lessor’s above-mentioned action.

6. Lessee shall move out of the apartment as requested and scheduled

   in the written notice from Lessor in case the apartment needs to be

   evacuated due to city construction or major building renovation.

   Lessee shall cover all the losses sustained by Lessor because of

   Lessee’s delay.

7. Lessee shall not keep or allow others to keep inflammables,

   explosive substances and other dangerous articles in the apartment.

8. Lessee shall not use the apartment for activities against laws in

   China.

9. Lessee shall not pile up or keep goods, container, furniture, rubbish

   or any articles in the passageways, elevators and entrance hall of the

   apartment building or other public places nor shall Lessee block the

   passage in public areas.

10. Lessee shall not sublet or transfer the whole or part of the apartment

   to a third party not from its institution or corporation or share it in

   other ways with a third party not from its institution or corporation.

11. Lessee shall not use electric appliances which exceed the capacity

   load in the apartment, nor install or lay up other overload appliances

   without authorization, nor make any alternations to the original

   power supply installations, circuit or pipelines of heating, water,

   sewage and gas without authorization. Otherwise, Lessee shall be

   responsible for the losses arising therefrom to Lessor and to other
   third party.

12. Lessee shall not damage the equipment, tools and alarm system for

   fire fighting in the apartment building and in its public areas, nor

   make any actions to deliberately cause its alarm system ineffective

   or alarm mistakenly. Otherwise, all the losses occurring therefrom to

   Lessor and other third party shall be borne by Lessee.

13. Lessee shall notify Lessor immediately in case of occurrence of

   malfunctioning of facilities, fire or other unexpected events in the

   apartment.

14. Lessee shall comply with the Regulations on Fire-prevention

   Management in the apartment building. In the event that the

   apartment is on fire due to Lessee’s negligence, Lessee shall, besides

   its own loss, compensate for the loss sustained by Lessor in the fire.

15. Lessee shall comply with the Regulations on the Management of

   Diplomatic Compound.

16. Lessee shall not damage the public facilities in apartment building.

17. Lessee’s conducts in the apartment building shall not disturb others

   normal life.

18. All the obligations in this article, which shall be abided by Lessee,

   also apply to the user. Lessee hereby promises: Lessee has

   obligations to guarantee that its designated user shall comply with

   the aforementioned regulations, and it shall be liable to the defaults

   stipulated in this contract if the user violates the above regulations.
                                  Article X

                     Lessee’s Special Requirements

     A construction unit approved by the two parties can carry out the

following projects in the apartment, provided that an agreement on such

projects is signed between Lessee and Lessor following an initial written

application by Lessee and approval by Lessor. Lessee shall bear all the

expenses. Meanwhile, the definite terms shall be reached between the

two parties in the agreement on undertaking of responsibilities for and

expenses of the fix and repair after completion of the following projects:

        (1) Alterations to the apartment’s original interior design
              provided that no damage shall be caused to the structure

              of the apartment;

        (2) Addition of fixtures or equipment;

        (3) Dismantling or changing of the original metal fittings,
              lights, stoves, heating and sanitary installations;

        (4) Painting and whitewashing of the apartment;

        (5) Increase of power capacity.



                                Article XI

                   Renewal and Termination of Lease

1. In the event that Lessee intends to renew the lease upon expiry of

   this contract, it shall notify Lessor in writing 60 days ahead of the

   expiry of this contract. A new lease contract shall be signed through

   consultation between the two parties.
2. In the event that Lessee terminates this contract before its expiry,

   Lessee shall pay ______ months’ rent as compensation to Lessor.

3. In the event that Lessee intends for no renewal of this lease upon its

   expiration or wishes to terminate this contract during the lease period,

   Lessee shall notify Lessor in writing 30 days in advance. Both

   parties shall complete formalities for the termination of this lease

   contract after Lessor has inspected the apartment and its facilities

   and ascertained that they are in good condition and after Lessee has

   paid up the rent and other relevant fees.

4. After all formalities have been completed for terminating this

   contract, Lessee shall evacuate the leased apartment and return to

   Lessor all the keys to the apartment. In case Lessee returns the keys

   after expiration date stipulated in this contract, Lessee shall pay for

   the overdue days.

5. Should Lessor establish, after the inspection of the apartment and its

   facilities, that there are damages caused by Lessee, Lessee shall pay

   compensation to Lessor or Lessor may deduct a corresponding sum

   from the deposit paid by Lessee as compensation, while the

   remainder of the deposit shall be returned to Lessee. If the deposit

   falls short of the compensation, Lessee shall make up for the

   discrepancy.
                                Article XII

                                 Defaults

1. If the payment of rent is overdue, Lessee shall pay a daily overdue

   fine of 0.2% of the rent in addition to paying up the full rent. The

   collection of overdue fine by Lessor shall not affect its exercise of its

   rights endowed by this contract and law.

2. In the event that Lessee fails to pay the rent 30 days after the

   payment deadline, Lessor shall have the right to terminate this lease

   contract, take back the leased apartment and confiscate all deposit

   paid by Lessee. Lessee shall pay compensation to Lessor in case of

   other losses caused to Lessor by Lessee’s default. Lessor reserves the

   right to take necessary measures to recover its losses.

3. If Lessee fails to observe (10) of Article IX of this lease, Lessor shall

   have the right to terminate this contract. Lessee and the third party

   (prompted by Lessee) should move out within the allotted time

   specified by Lessor.

4. Lessee shall be responsible for supervising user’s compliance with

   this contract and with the Regulations on Management in Diplomatic

   Compound. Lessee shall be liable to the losses thus caused by the

   user due to user’s violation of this contract and the Regulations on

   Management in Diplomatic Compound.



                               Article XIII
                           Renunciation of Right

      In the event of one party’s violation of any provisions of this

contract, the failure of the other party in taking actions to warn against

or prevent that violation shall not be viewed as renunciation of right of

the latter to implement this contract. If the latter agrees not to hold the

former responsible for its violation of the contract, a detailed written

record on the violation shall be made, which shall be confirmed by

signatures of the latter and the violator.



                                Article XIV

                               Force Majeure

      Neither party is liable for the severe destruction of the apartment

which results in failure in executing this contract and brings losses to

both parties due to earthquake, hurricane, flood and so on. Lessor shall,

however, in the light of the extent of the destruction, reduce or remit the

rent payable by Lessee during the repair time of the apartment.

     In the event that Lessor thinks that repair is not economically

reasonable or actually practical after its inspection of the damage of the

apartment, Lessor cannot repair the apartment. If Lessor decides not to

repair the apartment, it shall notify Lessee of its decision in writing

within 14 days after its inspection. The lease contract terminates for this

reason at the same time. Lessee shall move out and shall not ask for

compensation.
                               Article XV

            Application of Law and Settlement of Disputes

1. The establishment, execution, authentication and interpretation of

   this contract are subject to application of laws of the People’s

   Republic of China.

2. In the event that disputes occur between Lessor and Lessee within

   the period of this lease, first of all, the two parties should settle the

   disputes through friendly consultations.

3. The two parties confirm that                   method below shall be

   chosen to settle the disputes in case consultation has not worked:

       (1) Any party shall have the right to submit the disputed
              matters to the China International Economic and Trade

              Arbitration Commission after notifying the other party in

              writing. The arbitral award of the Arbitration Commission

              shall be a final and binding one. Neither party could file a

              suit for a change to a judicial court or other institutions. In

              the process of arbitration, except for matters in dispute,

              other provisions of this contract shall be carried out

              continuously;

       (2) Directly bring a suit on the matters in dispute to the
              People’s Court with competent jurisdiction.
                               Article XVI

                            Delivery of Notice

     The Written notice of this contract shall either be mailed by

registered letter or delivered by messenger to the other party. The

addresses of both parties are as follows:



Lessor: No. 223 Chaoyangmennei Street

       Dongcheng District, Beijing

       Post Code: 100010

       Beijing Housing Service Corporation

       For Diplomatic Missions

Lessee:




                                Article XVII

                              Other Matters

1. Supplementary agreement shall be reached through consultation on

   matters not covered in this contract. Supplementary agreement is

   equally authentic with this lease contract.

2. This contract shall come into force on the day of its signing.

3. This contract is signed by parties of both Lessor and Lessee on___

   (date)         (month)         (year) in Beijing.

4. This contract is written in the Chinese and English languages. Done

   in duplicate, each party shall keep one original each of two texts in
   Chinese and English languages.

5. The two parties shall keep two originals of contract properly. In the

   event that one party loses the original of this contract, the other party

   can provide the former with a copy of the original. However, the

   party which loses the original copy shall pay the corresponding fee

   for it.

6. Both parties shall keep properly the rent notice. In the event that one

   party loses the rent notice, it shall pay the corresponding fee for the

   reduplication of the rent notice.



Lessee:                                Lessor: Beijing Housing Service

                                               Corporation

                                               for Diplomatic Missions




Representative (signed) :              Representative (signed):


				
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