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1、LEASE CONTRACTFORSTANDARD FACTORY PREMISESBETWEEN(PLEASE INSERT THE NAME OF THE LESSOR)AND(PLEASE INSERT THE NAME OF THE LESSEE)CONCERNING(PLEASE INSERT THE NAME OF THE STANDARD FACTORY PREMISES)(MONTH) (DATE), (YEAR)(PLACE), CHINALEASE CONTRACT FOR STANDARD FACTORY PREMISESTABLE OF CONTENTS1.LEASE.
2、12.TERM OF LEASE AND FIT-OUT PERIOD.13.RENT AND FEES.24.DELIVERY AND TAKING POSSESSION OF THE FACTORY PREMISES.45.REPAIR AND MAINTENANCE.66.ALTERATION AND REBUILDING.77.RETURN.88.OTHER RESPONSIBILITIES AND OBLIGATIONS.89.TAXES, FEES AND CHARGES.910.REPRESENTATIONS AND WARRANTIES.1011.TERMINATION.121
3、2.INSURANCE.1313.FORCE MAJEURE .1314.NOTICE.1415.GOVERNING LAW AND DISPUTE RESOLUTION.1516.MISCELLANEOUS .15APPENDIX 1.18CERTIFICATE OF BUILDING OWNERSHIP OF THE PREMISES.18APPENDIX 2.19STATE-OWNED LAND USE RIGHT CERTIFICATE OF THE LAND.19APPENDIX 3.20BASIC INFORMATION OF THE FACTORY PREMISES.20APPE
4、NDIX 4.21REQUIREMENTS OF THE FACTORY PREMISES UPON DELIVERY.21This Lease Contract for Standard Factory Premises (hereinafter referred to as the “Contract”) is entered into by and between the following parties in (Please insert the execution place), the Peoples Republic of China (the “PRC”) on (Month
5、) (Date), (Year):Party A (Lessor): (Please insert the name of the Lessor)Party B (Lessee): (Please insert the name of the Lessee)(Party A and Party B hereinafter referred to individually as the “Party” and collectively as the “Parties”.)After full negotiation, Party A and Party B hereby enter into t
6、his Contract on the lease of the No. (Please insert the serial number) standard factory premises located in (Please insert the location):1.LEASEParty A hereby agrees to lease to Party B certain premises of the No. (Please insert the serial number) standard factory premises, with a construction area
7、of (Please insert the area of the premises) square meters (the “Premises”), located in (Please insert the location), whose details are more specifically and fully described in the Building Ownership Certificate attached hereto as Appendix 1, together with the State-owned land use rights of the land
8、(the “Land”) pertaining to the Premises with a total area of (Please insert the area of such Land) square meters (the “Land Use Rights”), which is obtained by granting (the boundary of the Land, and the nature and term of the Land Use Rights, etc. are more specifically and fully described in the Sta
9、te-owned Land Use Rights Certificate attached hereto as Appendix 2), and all fixtures and improved facilities currently existing on the Land, all public utilities and facilities related to the Premises and the Land (jointly referred to as the “Facilities” Facilities, together with the Premises and t
10、he Land Use Rights hereinafter collectively referred to as the “Factory Premises” in this Contract), for Party Bs use. The basic information of the Factory Premises is provided for in Appendix 3 of this Contract. Party B agrees to lease from Party A the Factory Premises.2.TERM OF LEASE AND FIT-OUT P
11、ERIODParty B hereby leases the Factory Premises from Party A for a period of (Please insert the number) months (the “Term of Lease”). Unless otherwise provided hereinafter, the Term of Lease shall commence on (Month) (Date), (Year) and expire on (Month) (Date), (Year). (Month) (Date), (Year) shall b
12、e the commencement date of the lease.Party A agrees to provide Party B with no less than (Please insert the number) months as the fit-out period before the commencement date of the lease (the “Fit-out Period”). The fit-out period shall commence on the next day of the date on which Party A delivers t
13、he Factory Premises to Party B in accordance with Article 4 hereof (“Commencement Date of the Fit-out Period”).Party B is entitled to request renewal the lease of the Factory Premises (“Renewal”) with a notice to Party A in writing no later than (Please insert the number) months prior to the expirat
14、ion of the Term of Lease. Under such circumstances, the Parties shall discuss and confirm the rent for the renewed term in accordance with the stipulation concerning the mark up of the rent for the renewed term as provided in Section 3 of Article 3 of this Contract. If the Parties reach a consensus
15、of the rent for the renewed term, the Parties shall sign a renewal contract with the same terms and conditions hereof (except for the rent and the term of the lease), unless the Parties may agree otherwise.3.RENT AND FEES3.1Unless this Contract is early terminated, and provided that Party A permits
16、Party B to occupy and use the Factory Premises, Party B shall pay Party A the occupation fee of the Factory Premises during the fit-out period (“Factory Premises Occupation Fee”) and the Rent during the Term of Lease.3.2The Factory Premises Occupation Fee and the Rent during the Term of Lease shall
17、be calculated as follows.(a)The Factory Premises Occupation Fee shall be: (Please insert the amount of such Fee or the formula to calculate such Fee);(b)Rent of the Factory Premises during the Term of Lease (“Rent”) shall be: (Please insert the amount of such Rent or the formula to calculate such Re
18、nt);3.3Upon the expiry of the Term of Lease, if Party B requests to renew the lease, the Parties may discuss adjustment to the Rent according to the then fair market rate and actual conditions of the Factory Premises. Upon Party As consent, however, the mark up of the total rent for the renewed term
19、 shall in no event exceed (Please insert the stipulated mark up) percent of the Rent provided in Section 2 (2) of Article 3 of this Contract, viz. total Rent of the Factory Premises shall not exceed USD (Please insert the amount of such total Rent)/month during the renewal term.3.4Both the Factory P
20、remises Occupation Fee and the Rent shall be settled on a quarterly basis. If the expiry date of the fit-out period is a date other than the last day of a calendar quarter, the Factory Premises Occupation Fee and the Rent payable by Party B to Party A shall be the sum of the Factory Premises Occupat
21、ion Fee and the Rent payable for such a calendar quarter, which are, respectively, calculated on a pro-rata basis based on the actual number of days of the fit-out period, for the Factory Premises Occupation Fee, and the term of lease, for the Rent, within such a calendar quarter. The Factory Premis
22、es Occupation Fee or the Rent or the total amount of the Factory Premises Occupation Fee and the Rent for each calendar quarter shall be paid before the twentieth (20th) day of the second month of each quarter following the Commencement Date of the Fit-out Period. If the Commencement Date is a date
23、other than the first day of a calendar quarter, or the termination date of the Term of Lease is a date other than the last day of a calendar quarter, the Factory Premises Occupation Fee or the Rent for the first and the last quarter shall be prorated on a daily basis and paid respectively on or befo
24、re the last day of the first and the last quarter.3.5Party B shall pay the Factory Premises Occupation Fee and the Rent by cash or check-only-for-account. Within three (3) days of receipt of the payment from Party B, Party A shall issue to Party B an official receipt which complies with financial re
25、gulations and requirements stipulated in the tax law.3.6Within three (3) days from Party As delivery of the Factory Premises to Party B, Party B shall pay an amount equal to three (3) months Rent without any deduction to Party A in advance as deposit (the “Deposit”) for Party B to perform the Contra
26、ct. The Deposit shall not bear interests to Party B. Upon the expiration of the Term of Lease or earlier termination, the Deposit shall be returned to Party B pursuant to the provisions of this Contract after deducting all amounts payable and unpaid by Party B.3.7In the event that Party B delays to
27、pay the Factory Premises Occupation Fee and/or the Rent, Party A may demand a penalty from Party B in an amount equal to (Please insert the rate of such penalty) (_%) of the overdue amount of the Factory Premises Occupation Fee and/or the Rent on daily basis. Party B, however, is not responsible for
28、 such penalty if such overdue is not attributable to Party B.3.8Party B shall bear all the fees and charges arising from its use of public utilities of the Factory Premises during the Term of Lease.3.9The Parties hereby acknowledge that Factory Premises Occupation Fee and the Rent payable by Party B
29、 to Party A hereunder shall be all the payment payable by Party B to Party A in connection with and for the lease of the Factory Premises hereunder, and, unless expressly provided otherwise hereunder, Party B shall not be required to and not be obligated to pay any other fees or charges to Party A f
30、or the lease of the Factory Premises hereunder, nor shall Party B bear any other liabilities in connection with the Factory Premises.3.10Any account hereunder shall be paid in RMB. In the event that any account is calculated in USD, it shall be converted into RMB according to intermediate exchange r
31、ate of RMB against USD posted by the Peoples Bank of China on (Please insert the date) of the then current month.4.DELIVERY AND TAKING POSSESSION OF THE FACTORY PREMISES4.1PossessionBoth Parties hereby agree that Party B shall have the right to take possession of the Factory Premises on the Commence
32、ment Date of the Fit-out Period, and take exclusive possession of the Factory Premises for the Fit-out Period and the Term of Lease, thereby permitting Party B a full and unrestricted 24-hour use of the Factory Premises.4.2Preparation of the Factory PremisesPrior to Party Bs possession of the Factor
33、y Premises, Party A shall, at its own cost, prepare the Factory Premises so that Party B is able to make a full and proper use thereof for the purposes of this Contract. Party A shall, in particular, ensure that, prior to or on the date of Party Bs possession of the Factory Premises pursuant to this
34、 Contract:(a)The construction of the Factory Premises has been completed and passed the completion acceptance in accordance with (Please insert the construction standards). The basic outfits are as follows:(Please insert the particulars for such basic outfits).The Parties agree that, in case the bas
35、ic outfits of the Factory Premises set forth in this Section 2(1) are in conflict or have discrepancies with those set forth in Appendix 3 and Appendix 4 hereof, those of a higher requirement shall prevail.(b)The Factory Premises shall have electricity and water supply facilities for Party Bs produc
36、tion and business operation. The diameter of pipe of water supply shall be (Please insert the number) mm, the diameter of water meter shall be (Please insert the number) mm and the box-style transformer substation shall have a capacity of (Please insert the number) KVA. The electricity wiring system
37、 of the Factory Premises shall be safe and comply with the standards stipulated in the relevant PRC laws and regulations with the electricity circuit of the Factory Premises separate from that of other buildings. All the abovementioned facilities shall be in a good condition and shall fully comply w
38、ith all relevant State and local laws and regulations of the PRC.(c)The Factory Premises shall comply with all the relevant safe standards, structurally sound without leakage or any other damage.(d)The Factory Premises shall have fire protection facilities in compliance with the laws and regulations
39、 and the requirements of the fire protection department.(e)Sewage (wastewater) central processing system has been established by (Please insert the place where the Factory Premises is located). Party B may discharge sewage or waste water possibly created during the process of its production and dail
40、y operation to the sewage central processing system that satisfy the minimum discharging standard required by the aforesaid sewage central processing system. Party A ensures that the process of sewage or waste water by the sewage central processing system complies with all applicable State and local
41、 laws and regulations on environment protection of the PRC and release Party B from any and all obligations or losses incurred from improper processing of above mentioned sewage central processing system.(f)The Factory Premises shall be clean and free from all refuse, waste and all other deposit, de
42、bris, cast-off and impediment in, out and neighbouring the Factory Premises.4.3Party A shall deliver the Factory Premises to Party B in accordance with the conditions agreed herein before (Month) (Date), (Year). Party A shall serve fifteen days prior notice to Party B for the inspection of the Facto
43、ry Premises. Party B shall conduct an inspection on the Factory Premises within ten (10) days of receipt of such notice. If the result of the inspection is eligible, Party B shall issue a written acceptance certificate to Party A. The date on which Party B issues such written acceptance certificate
44、shall be delivery date of the Factory Premises. If the result is not eligible, Party B shall prepare a written report to Party A, listing all items of defects and non-compliance with the delivery conditions under this Contract which are detected in the inspection hereunder. Party A shall promptly pr
45、ovide a written response to such report as to whether it agrees to correct the defects and non-compliance, and, if it agrees, the plan and time schedule for correcting such defects and non-compliance shall be prepared, however, Party A shall not unreasonably refuse such correction. All corrective ac
46、tions shall be completed within seven (7) days after Party B submits the report pursuant to this Section. If any of such corrective actions is not reasonably expected to be completed within such seven (7) days period, reasonable plan and timetable for the completion of such correction shall be propo
47、sed by Party A as may be acceptable to Party B to the greatest extent. After Party A completes the correction, it shall provide Party B with reasonable time to conduct an inspection on the Factory Premises again. If the result of the re-inspection is eligible, Party B shall issue a written acceptanc
48、e certificate to Party A.4.4In the event that Party A fails to deliver the Factory Premises to Party B on or before (Month) (Date), (Year), Party A shall pay a penalty to Party B in an amount equal to (Please insert the rate of such penalty) (_%) of the monthly rent on daily basis. Party B is entitl
49、ed to rescind the Contract in the event that the overdue is over 30 days.4.5Notwithstanding Section 4 of Article 4 hereinabove, in the event any corrective action set forth in Section 3 of Article 4 above is not completed by Party A, or Party A is in breach of any of its obligations of repair and ma
50、intenance under Article 5 hereof, Party B shall be entitled to take possession and make use of the Factory Premises in accordance with this Contract, and reserve the right to terminate this Contract pursuant to the provisions hereof. On the condition that Party B chooses to continue to use the Facto
51、ry Premises, the Factory Premises Occupation Fee or the Rent for the respective quarter shall be reduced for each day of Party As breach of its obligations hereunder by an daily amount equal to (Please insert the reduction percentage) (_%) of the quarterly Factory Premises Occupation Fee or the Rent
52、. Such reduction of the Factory Premises Occupation Fee or the Rent shall not release Party A from any obligations of compensating losses suffered by Party B or impeding Party B from obtaining compensation for such breach pursuant to law or this Contract.5.REPAIR AND MAINTENANCE5.1Repair by Party AD
53、uring the Fit-out Period and the Term of Lease, Party A shall, at its own cost, repair and maintain the Factory Premises.Party A shall carry out its obligation of repair and maintenance under this Contract properly and without delay. All such repair and maintenance shall be carried out without hindr
54、ance or damage to Party Bs normal business operations out of normal scope and extent and with at least three days prior written notice to Party B except for emergency repair. However, if the repair and maintenance are upon Partys request, Party A shall repair and maintain immediately or on the time
55、requested by Party B and shall not be restricted by the notification time mentioned above. If Party A fails to carry out the repair and maintenance hereunder within ten (10) days of Party Bs notice, or for repair of the main body, fails to make appropriate arrangement for the repair and maintenance
56、within ten (10) days after a written notice is given by Party B and complete the repair within a reasonable time, except that it is not feasible to carry out the aforesaid repair and maintenance due to external factors such as whether and etc., or it is reasonably delayed due to Party Bs default, Pa
57、rty B shall have the right to terminate this Contract.5.2Repair by Party BIf Party A fails to conduct the repair and maintenance promptly as required herein, Party B shall have the right to make such repair and maintenance by itself or by means of employing a third party, and be entitled to request
58、Party A to reimburse all direct expenses, or be entitled to directly deduct such expenses from the Factory Premises Occupation Fee or the Rent to be paid to Party A pursuant to this Contract, and Party B shall offer to Party A copies of payment vouchers proving actual incurrence of the above mention
59、ed costs. Both Parties hereby confirm that payment or deduction of the said expenses does not prevent, lessen or influence Party Bs rights to claim for compensation against Party A for its delayed repair and maintenance under laws and this Contract.During the Fit-out Period and the Term of Lease, Pa
60、rty B shall at its own cost be responsible for the repair and maintenance of any addition, alteration or rebuilding of the Factory Premises it conducts.6.ALTERATION AND REBUILDING6.1Party A hereby agrees that, during the Fit-out Period and the Term of Lease, on the premise of complying with Section
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