tenancy agreement（英文版）

TENANCY AGREEMENTThis TENANCY AGREEMENT is made this _day of _, 2008 between the Landlord Mr. _ (hereinafter referred to as the “Landlord” or Party A) and the Tenant _ Company Limited (hereinafter referred to as the “Tenant” or Party B); andWHEREAS the Landlord agrees to let and the Tenant agrees to take the lease of premise located on _ in accordance with the terms and conditions contained in this Agreement; andTHEREFORE it is mutually agreed by and between the Parties as follows:Party A (Landlord): Mr. Address:Telephone:Facsimile:Party B (Tenant): Occupants:Mr./Mrs.Address: Telephone:Facsimile:1. TENANCY1.1 Party A owns all residential Flat located and erected on _ (hereinafter referred to as the “Flat”) and therefore has the full right to dispose the Flat. A copy of the Real Estate Ownership Certificate (Attachment I) issued by the _ Real Estate and Land Administration authority showing that Party A is the legal owner of the Flat shall be attached to as a part of this Agreement. 1.2 Both Parties agree that the Flat shall include all furniture, fixtures and fittings in the Flat. A list of all the furniture, fixtures and fittings (Attachment II) shall be attached to as a part of this Agreement.The Parties agree to count, check and agree on all items of the Flat contained in Attachment II upon singing of this Agreement.1.3 Party A represents and guarantees that 1.3.1 the Flat shall be clean, tenantable and free from any and all encumbrances in any manner when it is leased to Party B; 1.3.2 Party A shall have no outstanding bills for utilities charges such as telephone, electricity, water, gas, etc. on the Flat at the commencement date of this Agreement; 1.3.3 Party A shall provide Party B with a complete right of continuous and non-interruption occupancy of the Flat during the lifetime of this Agreement; and1.4Party A further represents and guarantees that in case there is any claim arisen out of or related to the Flat at the date of commencement of this Agreement Party A shall fully compensate Party B for any and all costs and expenses incurred by Party B therein. 2. TERM, EXPIRATION AND TERMINATION OF TENANCY2.1 TermThe Parties agree that Flat is hereby leased for a term of _ years, commencing on _, 2008 and expiring on _, 200_.2.2 ExpirationUpon expiration of this Agreement, Party A shall be entitled to take back the Flat in full, and Party B shall deliver the Flat in full on the date of expiration. 2.3 TerminationParty B may terminate this Agreement by giving a prior two-months written notice to Party A or paying an amount equivalent to two-months rental to Party A in lieu of notice. 3. RENTAL AND PAYMENT TERMS3.1 The rental for the Flat is _ only per month 3.2 This rental amount includes all property fees, related taxes and charges, but is exclusive of charges on utilities (water, gas, electricity, etc.) and of telephone fee, which shall be born by Party B.3.3 The rental shall be paid in advance on a quarterly basis. Party B shall make its rental payment before the first calendar day of each and every three-month payable to the following:Party As opening bank:Account name:Account number:Party A shall deliver an officially valid receipt to Party B for each and every payment made by Party B within 7 days after receiving each and every rental payment.3.4 Any and all other fee, charges and/or taxes arisen out of and related to this Agreement including but not limited to the property tax and rental tax, which Party A is required to pay in accordance with the relevant Kenyan laws and regulations shall be paid solely by Party A.Party A agrees to indemnify Party B and to hold Party B harmless against any claim made or might be made with respect to fees, charges, and/or taxes by any third party in relation to the rent under this Agreement. 3.5 The rental cannot be increased during the term of this Tenancy Agreement.4. DEPOSIT4.1Party B agrees to pay a deposit of _ only equaling to one-month rental (hereinafter referred to as the “Deposit”) to Party A within _ days upon signing of this Tenancy Agreement. The Deposit shall be payable into the account designated by Party A. Upon expiration or termination of this Agreement and no renewal happens, Party A shall return the Deposit in full to Party B without any interest within 15 days before the expiration or termination of this Agreement.5. RESPONSIBILITIES OF PARTY B5.1Party B shall pay the Rental, Deposit and utilities charges as set out in this Agreement on time. Failure to make rental payment and/or the related charges shall constitute a breach of this Agreement.5.2During the term of this Agreement, Party B shall take a good care of and be responsible for maintaining the Flat in a good condition. Party B shall also maintain a good condition of the gardens and fences (if any) surrounding the Flat and shall not make any nuisance or annoyance to the neighbors or be injurious or detrimental to the good reputation of the Landlord. 5.3Upon expiration or termination of this Agreement, Party B shall deliver the Flat back to Party A in full, together with the furniture, fixtures and fittings therein, except for fair wear and tear during the term of this Agreement.5.4During the term of this Agreement, Party B shall not sub-let the Flat， except under the situation in Article 7.2 of this Agreement, without first obtaining the prior written consent of the other Party, which consent shall not be unreasonably withheld, denied or delayed.5.5During the term of this Agreement, Party B shall not erect, install or remove any fixtures or partitioning, or make any structural additions and/or alternations without the prior written consent of Party A, which consent shall not be unreasonably withheld.5.6During the term of this Agreement, Party B shall be responsible for any costs/expenses for replacement of, or making good repair of, or restoring all those furniture, fixtures and fittings that are broken, damaged or destroyed, except for fair wear and tear.5.7 Party B shall be responsible for all costs/expenses of repair on damages on walls, ceilings, floors, windows and doors in the Flat due to Party Bs negligence or willful misconduct, except for fair wear and tear.5.8During the term of this Agreement, Party B shall only be allowed to use the Flat for personal residential purpose except Party B obtains a written consent from Party A for another usage of the Flat.5.9 Party B shall allow Party A and/or its authorized representative(s) under reasonable circumstances to enter and view the Flat at a mutually agreeable time, to enter and carry out the structural work and to repair electrical circuits, water pipes and drains, which are necessary to be done, provided Party B receives a prior oral or written notice from Party A. 6 RESPONSIBILITIES OF PARTY A6.1Party A shall pay any and all deed and other related taxes/fees, including but not limiting to Ground Rent (if any), stamp duty, the unimproved site value tax together with all increases in site value tax and land rent/fee, rates, taxes, charges, outgoings, impositions and assessments, which now or may hereinafter imposed or assessed by the respective authorities in respect of or arising in connection with this Agreement after the commencement of this Agreement. 6.2 Party A guarantees that the Flat shall be made fully available for occupation at the commencement date of this Agreement. Party A assures that the Flat shall be clean and tenantable with all services and supplied appliances in good working order and to keep the structure roof and the outside of the Flat in a good condition with well repaired and painted where necessary.Party A shall not visit, interrupt or otherwise enter into the Flat during the term of this Agreement unless Party A under reasonable and necessary circumstances sends a notice to and receives consent from Party B, in order for Party B to possess and enjoy quiet and peaceful Flat.6.3 Party A shall be responsible for maintaining all kinds of furniture, equipment and fixtures in the Flat, the carriageways, car parking areas, paths and fences surrounding the Flat and for keeping away from potholes, except when the damages are made due to Party Bs negligence or willful misconducts. 6.4 Party A ensures that on the commencement date of this Agreement all adequate security and fire prevention and other related services shall be sufficiently provided and that all electricity, water, gas, telecommunications, sewage system and other public utilities and services have been properly installed on the Flat so as to serve Party Bs intended use of the Flat in a manner necessary, sufficient and convenient. Party A shall at its expenses arrange for the provision to Party B the above utilities services on a continuous and uninterrupted basis. 6.5 Party A shall be responsible for repair in accordance with this Agreement reasonable wear and tear and those facilities which are the responsibility of Party A. 6.6 Party A is not permitted to take back the Flat during the term of this Agreement without reason.7 ASSIGNMENT OR SUBLETTING7.1During the term of this Agreement, neither Party may assign, transfer or sell any of its rights and/or obligations under this Agreement without first obtaining the prior written consent of the other Party, which consent shall not be unreasonably withheld, denied or delayed. 7.2Notwithstanding the above paragraph, the Parties acknowledge that the Flat is leased by Party B for the residence of employees of Party Bs or Party Bs affiliated entities and that one employee of Party B or its affiliated entities may move out and be replaced by another employee in taking occupancy and residency of the Flat. The Parties agree that under such a circumstance, the replacement of resident employees of Party B or its affiliated entities in the Flat shall not constitute an assignment of Party Bs rights or sublet of the Flat and shall not require consent from Party A. However Party B shall provide a written list of new occupants with Party A when such a replacement happens. 8.BREACH OF AGREEMENTSubject to Article 9 of this Agreement and unless otherwise provided in this Agreement, if one Party fails to perform any of its obligations under this Agreement, it is in breach of agreement and the breaching party shall take any and all responsibility of compensation to the innocent party. In case Party B delays to pay the Rental for up to 30 days, Party A shall give a warning notice to Party B for a grace period of 30 days. In case Party B pays the Rental within the 30 days, Party A shall continue to keep this Agreement valid. In case Party B still fails to pay the Rental due within these 30 days, Party A is entitled to terminate this Agreement and claim for compensation of the damages due to Party Bs breach of this Agreement.9.FORCE MAJEURE If the Flat is substantially destroyed or damaged by fire, bad weather, war, force major, or other causes beyond the control of Party A and not attributable directly or indirectly to the negligence or malice of Party B or are otherwise rendered unfit for use or occupation, the rent shall cease to be payable from the date the Flat becomes unfit for use or occupation until the Flat shall again be rendered accessible and fit for use, however, that the Party A shall be under no obligation to repair the Flat, when in Party As opinion, it is not reasonably or economically or practically to do so. If such an event occurs, Party A shall give a written notice to Party B, and the deposit paid and rent prepaid by Party B shall be returned in full within 10 days of said notice.10. INSURANCEParty A shall be responsible for purchasing policy on property insurance and other relevant insurances in an amount which shall equal no less than the full replacement value of the Flat against loss or damage by fire and other hazards within the coverage of a standard form of fire and extended coverage policy for the Flat.Party B shall be responsible for purchasing policy to insure all objects owned by occupants in the Flat.11.REPRESENTATIONThe Parties agree that for the purpose of this Agreement, either Party is entitled to appoint one or more authorized representatives to perform his/its obligations under this Agreement. Each Party shall issue a signed letter of authorization to each and every representative and the representatives shall present the letter of authorization to the other Party when performing obligations under this Agreement. 12.DISPUTE RESOLUTIONParty A and Party B shall settle all disputes arising from the interpretation, performance, dissolution or termination of this Agreement or in connection with this Agreement through friendly consultation.In case no settlement can be reached, either party shall have the right to submit the dispute to _ Court. In the course of settling disputes, the Agreement shall be continuously executed by both Parties except for the part, which is under arbitration.13.MISCELLANEOUS13.1This Agreement shall come into effect on the signing date by the authorized representatives of the Parties and shall remain in force and binding on the Parties until its expiration or early termination. 13.2This Agreement shall be written in English versions with 2 originals and each Party shall keep one original copy.13.3