SHENZHEN REAL ESTATE LEASE AGREEMENT
LEASE
AGREEMENT
Landlord (Hereinafter referred
to as Party A)：Shenzhen
Jianhuilong Industry
Co.,
Ltd
Address:_____________________________
Post code：______________________________
Deputy:
Xxxxxxxx
Xx
Address：_____________________________
Post code：_____________________________
Tenant (Hereinafter referred
to as Party B)：Shenzhen
Yuepengcheng Motor Co.，Ltd
Address：_______________________
Post code：________________________
No. of Business license/ID：__________________________
Deputy：
Xxxxxx
Xxxx
Address：_______________________________
Post code：___________________________________
In
compliance with “Contract Law of PRC” and “Regulation of Flat Leasing of
Shenzhen Municipality”, both Parties through amicable consultation on the basis
of party autonomy, equality and good faith, agree on the following terms and
conditions as to the tenancy herein:
ARTICLE 1． Party A will
lease to Party B the premises and attached facilities all owned by Party A
itself, which is located at JIANAN
ROAD，HIGH
NEW-TECH INDUSTRIAL ZONE, FUYONG COUNTRY, BAOAN DISTRICT and in good condition
for Party B. The registered size of the leased premises is
13954.54
square meters，totally
19
floors.
ARTICLE 2． Party B will
pay the rental
XXX
000000 per month to Party
A.
ARTICLE 3． The first
installment will be paid before
/ (month)
/ (day)
/ (year).
ARTICLE 4． Each successive
installment will be paid before ______28______Th of
each month, and Party B should provide Tax invoices to Party
A.
ARTICLE 5． The term of
tenancy of the premises is commencing from____1st (day)___Jan __(month)_2009____
year to __31 st
(day)___Dec.___(month)
__2010__(year).
Party A
will guarantee the lease right of the premises. Otherwise, Party A will be
responsible to compensate Party B's losses.
ARTICLE 6． The premises is
used for plant
Party B
will use the premises lawfully according to this contract without changing the
nature of the premises.
ARTICLE 7． Party A will
provide the premises on schedule to Party B for using, and conduct transferring
formalities.
In case
Party A can’t provide the premise on schedule, Party B has the right to have the
contract postponed.
ARTICLE 7． Party A
should prepared plans and specifications for the construction of improvements,
and, if so, such plans and specifications are attached hereto and incorporated
herein by reference.
ARTICLE 8． Party B will
pay ____/_____to party A as a deposit before ___/__(month) __/___(day)
____/___(year). Party A will issue a written receipt after receiving the
deposit.
ARTICLE 9． Party B will
bear the cost of utilities such as communications, water, electricity, gas,
management fee etc. on time during the lease term.
ARTICLE 10． In case the
premise and attached facilities are damaged by quality problems, natural damages
or disasters, Party A will be responsible to repair and pay the relevant
expenses.
ARTICLE 11． Party B will not
transfer the lease of the premises or sublet it without Party A's approval and
should take good care of the premises. Otherwise, Party B will be responsible to
compensate any damages of the premises and attached facilities caused by its
fault and negligence.
ARTICLE 12． Party B will
use the premises lawfully according to this contract，Party A must
guarantee the normal enjoyment of the property of Party B and shall not disturb
Party B’s normal life on the premises during the leasing
period.
ARTICLE 13． Party A agrees at
its own cost, to maintain and repair the house and facilities when damaged,
which is not because of Party B.
ARTICLE 14． Party B
shall reasonably use the rented house and shall not lease or sublease the rented
house to another party without the prior consent of the Party A. Party B will
take the compensation liability if the house or equipments are damaged because
of Party B.
ARTICLE 15． The
reconstruction, extension and fitment of the premises should be negotiated by
the two parties with written agreement and apply to the
authority.
ARTICLE 16． Party B shall
reasonably use the rented house and shall not lease or sublease the rented house
to another party without the prior consent of the Party A. Party B will take the
compensation liability if the house or equipments are damaged because of Party
B.
ARTICLE 17． If during
leasing period, the whole or part of the leased property is transferred, party A
should inform party B with written notice one month in advance to the transfer.
Under the same terms Party B has the priority to purchase the
premises.
Party A
shall inform Party B in time prior to the occurrence thereof and ensure the
property successors, other right owners or any other third party who might
affect Party B’s interests will continuously observe all the terms and
conditions of this agreement,
ARTICLE 18． The Agreement
will be effective upon the execution by both parties and except provided for
otherwise in the agreement, shall not be terminated or cancelled without the
mutual agreement by both parties. Both parties shall discuss any other uncovered
terms and conditions hereafter.
ARTICLE 19． Except
otherwise agreed in the agreement, if either party has not duly
performed its own obligations according to the Agreement the party shall be
viewed to have breached the contract unless the defaulting party has been
pardoned by the non-defaulting party.
Party A,
once breaching the Agreement, shall compensate Party B RMB / and
return the Security Deposit of RMB / to
Party B and Party B reserves the right to make other claims to Party
A.
If Party
B breaches the agreement, Party A will confiscate the Security Deposit of
RMB / and
reserve the right to make other claims to Party B. Party B needs to pay all the
fees of water, electricity, gas and telecommunication during the leasing period
even in both of the above situations.
ARTICLE 20． If Party B
can’t normally use the apartment because of Party A , Party A should return the
deposit to Party B at once. And, Party B has the right to ask for the
compensation from Party A.
In case
the premise and attached facilities are damaged by quality problems, natural
damages or accidents, Party A will be responsible to repair and pay the relevant
expenses. If Party A can’t repair the damaged facilities in two weeks so that
Party B can’t use the facilities normally, Party B has the right to terminate
the contract and Party A must return the deposit.
Party A
will guarantee the lease right of the premises. In case of occurrence of
ownership transfer in whole or in part and other accidents affecting the right
of lease by party B, party A shall guarantee that the new owner, and other
associated ,third parties shall be bound by the terms of this contract.
Otherwise, Party A will be responsible to compensate party B’s
losses.
ARTICLE 21． During ten
days after this
contract expires, Party B should return and guarantee the good conditions of the
premises for normal use.
ARTICLE 22． If Party B
desires to renew the tenancy, subject to notifying part A at least
one
month prior to the expiry of this tenancy by Party B, both Parties
shall enter into a new tenancy agreement.
Party B
will notify Party A if it intends to extend the lease. In this situation, two
parties will discuss matters over the extension. Under the same terms Party B
has the priority to lease the premises.
ARTICLE 23． During the
lease term, any party who fails to fulfill any article of this contract without
the other party’s understanding will be deemed to breach the contract. Any party
who does breach such will take relevant responsibility.
ARTICLE 24． If the contract
remains some unperfected parts, the two parties shall negotiate in the annex.
Any annex is the integral part of this contract. And they are equally
valid.
ARTICLE 25． In event of
any dispute arising from implementing the Agreement, both parties shall settle
the dispute through amicable consultation and failing such a settlement, both
parties may refer the dispute to court.
ARTICLE 26． The
Agreement goes into effect upon signature
The two
parties should register to the authorities during the 10 days from the signature
of the contract.
ARTICLE 27． The Chinese
version of the contract will be the main reference.
ARTICLE 28． There
are
four
originals of this contract. Each party will hold one
original(s). The register and the relevant department each will
hold one
original(s).
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Party A (seal):
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Shenzhen Jianhuilong Industry Co.，Ltd
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Representative:
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Account No：
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Tel：
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Date：
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Deputy (seal)：
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李晓明
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2009-01-01
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Shenzhen Yuepengcheng Motor Co.，Ltd
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Representative：
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Account No：
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Tel：
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Date：
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Deputy (seal)：
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陈利婷
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2009-01-01
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Register (seal)：
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2009-01-03
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