办公物业租赁合同（中英文）
Lease Contract of
Office Building
parties signing this Supplementary Lease Contact (hereinafter
referred to as “Contact):
[]Lessor &(hereinafter referred
to as “Party A”):&&&&&&&&&&&&&&&&&&&&&&&
Lessee (hereinafter referred to
as “Party B”):
agrees to rent out the property to Party B, whereby both parties,
through full consultation, make and enter into this Lease Contact
to be faithfully observed by both parties.
Article 1: Name, Address and Area of the
(hereinafter referred to as “The Plaza”)Floor No.&&
&(hereinafter referred
to as “This Property”) Construction Area:&&
Article 2: Purpose
property is only used as the office.
Article 3: Lease Period
Period is from &&&until
the decoration rent-free period is 15 days from &&&until
during which Party B does not need to pay the rental but has to pay
the real property management fees, the electricity fees and other
expenses incurred from the property leasehold.
Article 4: Rental, Management Fees, Electricity
Fees and other Expenses
Chapter One: Rental, Security Deposit and
Mode of Payment
the contract period, Party B shall pay to Party A the rentals every
month, as follows:
monthly rental from_&&
&yuan (unit
&yuan/square
meter/month);& the rental shall be
covered by the Rent invoice, but not include the management fees
and other expenses incurred during the lease period.
rental will be calculated by the natural month and Party B must pay
to Party A the next month’s rental prior to26 every month (it shall
be automatically extended to the first working day after the
holiday if it falls on a Chinese statutory holiday), and Party A
shall provide Party B with the legal lease tax invoice within 10
working days after Party A acknowledges the receipt of the
3. Party B
must pay to Party A the following amounts in a lump sum when the
contract is signed, totaling&&
Security deposit (equivalent to two months
rentals):&&
Security deposit for Electricity Fees shall be calculated according
to &&&sq.m.,
Security deposit for Management Fees (equivalent to two
Management Fees):
Initial rental:&&
Contract Stamp Duty shall be paid by Party A and Party B
respectively in accordance with the relevant regulations of the
government (1& of 2& of the total rental amounts for the lease
period shall be paid by
where the government
adjusts the tax rate, both parties thereto shall execute the
adjusted tax rate accordingly).
expiry of the lease period and after the contract is terminated,
Party A will return the Security deposit without interests to Party
B within five working days after Party B pays off all rentals and
the relevant expenses and fully performs the liabilities and
obligations thereof. If the security deposit is not returned, for
each overdue day, a default penalty of 1% of the returned security
deposit amount shall be paid to Party B.
&&&&&&&&&&&&&
Chapter Two: Methods for
Paying Electricity Fees, Phone Fees
Electricity fees—Party B shall pay the electricity fees to the
management company according to the actual power consumption and
the government’s charge standard per KWhr at the end of each
Telecommunications Fee- Party B’s telephone charges (including the
local call, long-distance call and international long-distance call
fees), the fax, broadband network and other telecommunication and
line rent/use fees shall be paid by Party B according to the bills
issued by the city telephone bureau and the relevant
organization.
Article 5: Payment
shall pay the security deposit in RMB yuan. The rental shall be
deposited into the bank account designated by Party A prior to26
days every month.
&&&&&&&&&&
A/C designated by Party A: Bank Name
Article 6: Indoor
decoration facilities:
shall provide the following indoor decoration facilities to Party B
for use during the lease period:
1& Central
air-conditioning system
2& Automatic
sprinkler system and Smoke detector
Ceilings and glass door interval
4& Indoor ceiling
lighting lamp panel
Party A will deliver the property in the current indoor status to
Party B. Where Party B has a second indoor decoration for the
property, he/she/it will return the property in the state after the
second indoor decoration to Party A when he/she/it throws a
Article 6: Appointment for a temporary visit to the leased
expiry of the lease period and in the event that Party B does not
extend/renew the leasehold, Party A can take the new tenant into
the property for an inspection on condition that it has given Party
B a prior written notice within three& month prior to the
expiry of the contract. In this case, Party B shall cooperate
positively and shall not reject it.
Article 7: Party B’s liabilities
agrees to abide by the following terms and conditions during the
lease period:
To accept the unified management of the management company and
observe the plaza decoration manual and the daily management
matters of the public places and facilities in the plaza and the
real property management rules worked out and amended from time to
time to ensure the mutual benefit or interests of both
Party B shall pay the rental, management fees, electricity fees and
all other relevant fees and expenses on a timely basis. In the
event of any failure of such payment, Party A may exercise the
following rights to Party B:
Party B fails to pay the due rental beyond 7 working days, Party A
retains the right to immediately ask Party B to pay the rental
without delay, and for each overdue day, Party A shall collect a
default penalty at 2% of the total arrears.
(II) Where
Party B fails to pay the due rental, management fees and
electricity fees beyond 7 working days, Party A has the right to
send a written notice to Party B through the management company,
asking Party B to immediately pay off the arrears and the default
penalty, if any. Where Party B fails to pay in full the arrears
within two days after the receipt of the written notice, Party A
has the right to ask the management company to stop the supply of
power to the property, the central air-conditioner or any other
facilities within the plazahowever Party A shall notify Party B in writing 24
hours in advance the measures to be taken, such as stopping the
supply of power to the property, the central air-conditioner, etc..
Party A also has the right to resume the property and retains the
right to recover the rental and any other losses
During the lease period, Party B must take the rational measures to
keep the equipment and decoration facilities within the property in
good order and condition (except for the natural depreciation and
the damages caused by reasons as stipulated in Article 13). Party B
shall not change the structure of the property, purpose and
decoration without permission. Where Party B causes any damages to
this property and its equipment and decoration facilities on
purpose or by mistake, he/she/it must be liable for restoring it
into the previous state or condition (except for the natural
depreciation and the damages caused by reasons as stipulated in
Article 13) or compensating for the reasonable economic losses thus
incurred, and for maintaining or repairing the central
air-conditioning facilities and equipment (including the
firefighting, security, air conditioner and electric appliance and
other relevant systems) involved with the damages within the
property, which shall be maintained and repaired by the
professional repairman in this plaza or in this property designated
by the management company, but the expenses thus incurred shall be
borne by Party B. Where Party B needs to have this property
re-decorated, the written permission must be obtained from Party A
before Party B appoints a decoration engineering company for the
decoration, but the redecoration expenses and the relevant expenses
related to the redecoration shall be borne by Party B
accordingly.
responsible for the general cleaning within the
the interior of the property in clean and perfect order and
condition (except for the natural depreciation and the damages
caused by reasons as stipulated in Article 13, including but not
only limited to the floor paving, interior redecoration or the
surface materials for walls, floor and ceilings and all kinds of
appurtenances to the real property, such as, doors and windows,
electrical lines and electrical installations, all of which must be
kept in clean and good order and condition). Where any damage is
caused to the property by Party B or his/her/its visitor or guest,
the expenses for the repair and maintenance caused to Party A shall
be paid in full by Party B accordingly.
6.Take all
proper measures to protect the interior of this property from being
damaged before a rainstorm.
He/she/it shall not permit any other person(s) to put any article
(s) beyond the design load (450 kilograms per square meter) on the
floor of this property.
He/she/it shall not permit any other person(s) store weapons,
ammunition, saltpeter, gunpowder, kerosene within this property or
engage in any other illegal or hazardous and explosive
activities.
He/she/it shall not permit any other person(s) to use this property
for any illegal activities.
He/she/it shall not permit any other person(s) to conduct any
public auction activities within this property.
&11.He/she/it shall not
permit any other person(s) to pile up or leave or retain locker,
furniture, rubbish in the elevator lobby, staircase, passage and
any other public places on either floor of the plaza so that it may
block the access or passage.
12. At the
expiry of the lease period or where both parties thereto agree to
terminate thereof in advance according to the terms and conditions
thereof, Party A agrees that the decoration shall not be restored
to its previous state or conditions, but Party B must keep it in
good order and condition (except for the natural depreciation and
the damages caused by reasons as stipulated in Article 13). Party B
shall not ask Party A to purchase or compensate for any equipment
on any grounds. In the meanwhile, where the hand-over procedures
are not properly handled prior to the expiration of the lease
period thereof due to Party B’s reasons, Party B shall still be
liable for paying the rental and management fees for the period
from the first day after the termination date of this contract
until the day the handover procedures are property handled, but the
payment of the expenses does not mean the continuance of the
leasehold between both parties and at the same time Party B shall
be liable for compensating to Party A for any losses thus
B shall not or permit any other person(s) to hang any billboards or
advertising signs or posters before obtaining the written consent
from Party A and the management company, but Party B can hang any
billboards or advertising signs or posters in the place(s) or where
as agreed upon by the written consent by Party A and the Management
He/she/it shall not permit any other person(s) to stay overnight
within this property without the special permission.
&15.Party B shall have
right to decide& to purchase the
necessary insurance under the circumstances, including but not only
limited to the coverage of the office property insurance,
the central systems related to water, electricity, gas,
firefighting, telecommunication, air-conditioning and sewage
disposal in the decoration process are involved with any
connection, change or movement or removal, the written consent must
be obtained from the management company and the management company
will appoint the construction team for the engineering
construction, if necessary, but the expenses thus incurred shall be
borne by Party B.
B shall not sublease, underlease or provide the property, in whole
or in part, to any third party for use without compensation or by
any other means without obtaining the written consent from Party A.
Where Party B is in breach of this provision, Party B shall be
deemed as have unilaterally violated the contract, the contract
shall be terminated as from the day the property is subleased,
underleased or provided to any third party for use without
compensation or by any other means, but the security deposit shall
not be returned and all losses thus incurred to Party A shall be
fully compensated by Party B.
Article 9: Termination thereof
During the
lease period, Party B shall not unilaterally cancel or terminate
thereof until the contract is terminated at its expiry. Where Party
B is in breach of any terms and conditions thereof or unilaterally
terminates thereof during the lease period, Party A has the right
to instruct Party B to return this property according to the
requirements as stipulated herein within five days after the
receipt of the notice in writting and Party B shall be liable for
paying off the management fees and electricity fees incurred from
use within this property. At the same time, Party A has the right
to confiscate the lease security deposit paid by Party
During the
lease period, Party A shall not unilaterally cancel or terminate
thereof until the contract is terminated at its expiry. Where Party
A is in breach of any terms and conditions thereof or unilaterally
terminates thereof during the lease period, Party B has the right
to ask Party A to return in doubled value the lease security
deposit paid by Party B as the compensationParty B also have right to require Party A to
compensate the other economic losses of Party B thus
inccured.&
10: Article 10: Liabilities of Party A
agrees to abide by the following terms and conditions during the
lease period:
He/she/it shall provide the property with the proper office
conditions within the time as prescribed in Article 3 thereof.
Where He/she/it shall not fails to provide the property as agreed
upon, for each overdue day, a default penalty of 1% of the monthly
rental shall be paid to Party B.
2. Party A
shall not disturb the use of this property by Party B under the
legal condition (except for the circumstances as provided for in
Article 8 thereof).
the right to normally use this property and be free of the public
places in the plaza on the condition of guaranteeing Party B, its
staff and visitors or guests against violating any leasehold terms
and conditions and the legal regulations within the lease
Guarantee that Party B’s right to lease and use this property will
not be negatively affected by any mortgage, lease agreement or any
other contractual arrangements. In the performance thereof, Party
B’s legitimate rights and contractual rights shall be rationally
guaranteed no matter how the ownership or creditor's right of this
property changes, or otherwise, Party B has the right to cancel
thereof and ask for the return of the security deposit (without
interests) paid by Party B and the prepaid rental and management
fees, etc., and compensate to Party B for the economic losses thus
incurred. Likewise, Party A shall guarantee that his/her/its right
and obligation assignee will undertake the whole duties and
responsibilities to be performed by Party A to Party B.
He/she/it shall guarantee during the lease period, as
(1)&& This
property is built and maintained according to the relevant
construction and fire
(2)&& This
property is suitabl
liable for the maintenance and repair of the exteriors and
structural part of this property and bear the relevant expenses
Prompt the management company in the plaza to conduct the regular
security inspection, maintenance and repair of the public places
liable for handling all legal registration and record procedures
related thereto and the expenses thus incurred shall be borne by
both parties according to the relevant regulations.
Party A sells or transfers this property to any third party, Party
A shall give a written notice to Party B within 30 days prior to
such sales or transfer, and Party B is entitled to a pre-emptive
right to buy this property under equal conditions. It shall be
deemed that Party B waive the pre-emptive to purchase it if Party B
fails to submit a written notice for the pre-emptive purchase
within seven working days after Party A sends the written notice to
Party B. Furthermore, Party A shall prompt the assignee to issue a
written certificate to Party B to confirm that all terms and
conditions thereof shall be binding upon the assignee. Where Party
A is in breach of any statement, guarantee or any other obligations
under this contract, Party A shall compensate to Party B for any
losses, damages and expenses thus caused by his/her/its breach of
Party A pledges this property as security, he/she/it shall give
Party B a written notice 30 days before hand and also guarantee all
rights and interests of Party B during the lease period.
Article 11: Renewal
must express his/her/its intention as to whether to renew/extend
thereof or not in the written form within 3 months prior to the
expiration thereof, or otherwise, this contract shall be terminated
at the expiry thereof. In the event that Party B expresses the
intention to renew/extend thereof, he/she/it must provide the
specific conditions for the renewal. The Extension/Renewal Contract
shall be signed within two month prior to the expiration thereof in
the principle of amicable and unanimous discussion and consultation
by both parties thereto, or otherwise it shall be deemed as a
waiver of renewal.
Article 12: Force Majeure
Where this
property or any part thereof is damaged or destroyed due to the
fire, smoke, water, rainstorm, wind, typhoon, defective
construction, white ants, earthquake or any unpredictable or
unforeseeable disaster or any other force majeure events, Party B
shall terminate the payment of the rental, management fees and any
other fees or the reasonable part of the above-mentioned fees or
expenses according to the nature and extent of such damages or
destruction until this property is restored to the proper state or
condition for use. Where it is not corrected within one month after
the damage or destruction, Party B has the right to notify Party A
in written form to cancel thereof and the contract shall be
terminated as from the time the notice is sent. Party A shall
return all prepaid rentals and security deposits within 14 days
without interests to Party B after the receipt of the contract
termination notice and by then both parties thereto shall be
mutually waived of any further obligations as stipulated
13& Article 13: Any other expenses
registration fees and stamp duty and any other fees related to this
contract shall be borne by Party A and Party B according to the
regulations of Guangzhou Municipal Government&
IIIManagement Company
management company, namely Shanghai Poly Property Hotel Management
Co., Ltd., Guangzhou Subsidiary Company, shall be liable for
collecting the real property management fees and other fees of this
Plaza or the property and provides the management.
(IV) Applicable
law for any dispute
In case of
any dispute or any divergences arising therefrom or in connection
with its performance, it shall, first of all, be settled by Party A
and Party B in a friendly manner and in good faith, Such a
consultation shall not commence until one party gives the other
party a written notice, asking for the consultation. In case no
settlement can be reached for any dispute within 14 after the date
of the written notice, either party thereto can file a lawsuit to
the local People’s Court with the jurisdiction in the place where
the real property is located.
(V) Supplementary
not covered in this contract will be discussed separately for a
settlement by both parties through amiable consultation and
supplementary agreement thereto shall be signed correspondingly and
the expenses, if any, shall be borne by Party A and Party B on an
equal footing. The supplementary provisions thereto shall be
equally authentic.
& (VI) This contract
shall prevail
contract shall prevail in the event that any commitments or oral
promises, interpretations, commercial advertisements and documents
related to the Plaza leasehold activities are inconsistent with
this contract.
Supplementary
provision” and “Property Lease Contract” are simultaneously
effective and equally authentic. Where this Lease Contact is in
conflict with the Supplementary provision, this Lease Contact shall
prevail. This contract shall be executed in duplicate, each of
which shall be held by Party A and Party B respectively.
ASeal&&&&&&&&&&&&&&
Signed by Authorized Representative:&&&&&&&
Date:&&&&&&
BSeal&&&&&&&&&&&&&&&&&&&&&&&&&&
Signed by Authorized
Representative:&&&&&&
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