Zhuhai Office and Factory Leaser:
Zhuhai
Office and Factory
Xxxxxx:
Name:
Zhuhai Yuping Kitchen Equipment Co.,ltd..
Address:E07,the
forth floor, Xiangzhou Xxxxxx Xxxx Xx.000,Xxxxxx
Phone
number:0000-0000000 Fax number: 0000-0000000
Legal
representative: Xxx Xxxxx Xxx
Lessee:
Zhuhai
King
Glass Engineering Co., Ltd.
Address:
Xx.0000,Xxxxxxx Xxxxxx,Xxxxxx
Phone
number:0000-0000000 Fax number:0000-0000000
Legal
representative: Xxx xx
In
accordance with the “Contract Law of P.R.C”,“The
law
of the People’s Republic of China on Urban Real Estate Administration”
“Administration of the Leasing of Urban Premises Procedures” and relevant
Chinese laws and regulations,
the
lesser and the lessee signed this agreement on July 13th,
2005,which was based on the friendly consultations. Both parties agreed on
the
following provisions:
Chapter
one The situation of the leasehold
1.
|
The
lessee agreed to lease the leasehold which was located in Xx.000,
Xxxxxx
Xxxx,Xxxxxxx Xxxxx Industrial Areas, the western part of Jiuzhou
Avenue,
Zhuhai with the details as below: Factory ---1200 square meters,
Office
Building---1080 square meters,Land and storage on the left side of
the
gate---500 square meters. The accurate leasing area should be based
on the
property right certificate. Attachment 1 is the planar graph for
the
leasehold.
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2.
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Attachment
2 lists the situation of leasehold when the lesser transferred to
the
lessee. Both parties agreed that the lessee could return the leasehold
after it is furnished and decorated. The regular depreciation
shouldn’t be the excuse of refusing to take back the
leasehold.
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Chapter
Two Leasing term and Purpose
1.
|
Leasing
term are 5 years, which began from July.20th,
2005 to July.20th,
2010
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The
lesser should transfer the leasehold to the lessee on July.20th,
2005.
The delay on transferring leasehold will result in the delay of returning
it.
2.
|
The
purpose of the leasehold is for factory and
office
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Chapter
Three Rent and deposit
1.
|
Rent
for the first year is RMB47, 000 per Month. It increases at a rate
of 5%
every year. The rent should be paid before 5th
of
every month; the lesser should give the lessee invoice before
10th
of
every month.
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2.
|
The
lessee and the lesser go fifty - fifty with the tax
expenses, which is 5.6%
of the rent. The lessee should pay the lesser such expense when he
gets
the invoice of rent.
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3.
|
The
deposit amount is RMB94000, among which, RMB10000 should be paid
on the
signature date, and the rest 7 days after the signature date. The
lesser
should give the relevant invoice to the
lessee.
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4.
|
The
final rent could be discount from the deposit amount directly and
the rest
should be returned to Lessee.
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5.
|
All
the money of this contract is paid by bank
transfer.
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Chapter
Four Decoration and Re-establishment
1.
|
The
lesser agreed on the lessee’s right of decorating the leasehold after
transfer, which is free of rent and should be finished within 30
days. But
the lessee is responsible for cost of the water and
power.
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2.
|
The
lesser agreed on the re-establishment of the leasehold during the
leasing
period. The lessee should get the permission in written form from
the
lesser, when he is going to do any changes on the main structure
of the
leasehold.
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Chapter
Five Maintaining responsibility
1.
|
The
lesser is responsible for the daily Maintenance of the public equipment
and facilities in the leasehold.
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2.
|
When
the lessee finds the damage inside the house’s structure (other than the
problem on building
quality, natural depreciation, the damage not caused by the lessee
and the
leasehold situation at the beginning of executing the contract) he
should
inform the lesser in written form. The
lesser should repair and restore it 7 days after he is
informed
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3.
|
During
the leasing period, the lesser is responsible for the renewal of
the
public equipments and facilities, other than the one fixed by the
lessee.
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4.
|
During
the leasing period, the lessee shares the expense with other lessees
on
adjacent lots, which is caused by the work such as guarding and fire
prevention, done by the lesser in accordance with relevant laws ad
regulations.
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Chapter
Six Right limitation and priority
1.
|
During
the leasing period, if the lesser is going to sell, mortgage or limit
the
rights of the leasehold, the lessee should be informed in written
form in
time and has the right to decide whether lease continuously or not.
If it
results in the breach of the contract, the lessee isn’t responsible for
it.
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2.
|
If
the other leasing property on an adjacent lot is at the expiration,
the
lessee has the priority to lease under the same conditions. If the
other
leasing property on an adjacent lot is going to be sold, the lessee
has
the priority to lease under the same
conditions.
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Chapter
Seven
During
the leasing period, the lessee is responsible for the following
expense
1.
|
Water
expense. The water expense is calculated on the actual using quantity
and
based on the governmental standards. The lesser is responsible for
nominating administration department to collect
and remit such expense.
The lessee should pay the water expense when the lesser gives him
invoice.
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2.
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Phone
expense and web using expense. The phone expense and network using
expense
is calculated on the actual using quantity and based on the governmental
standards.
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Chapter
Eight Special agreements
1.
|
The
lesser is responsible for providing 100 kilowatt electricity power
for the
lessee(for lighting, daily use, processing, and drain outlet connecting).
If the lessee wants to make the power larger, the lesser is responsible
for the relevant procedures.
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2.
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The
lessee could fix the advertising bulletin board and other signs in
front
of the leasehold. The lessee is responsible for the contents to meet
with
the national standards and the relevant procedures and expense. The
lesser
should provide necessary help for
that.
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3.
|
The
lessee is responsible for the approval documents of setting up a
company,
decorating the leasehold. The lesser should provide necessary help
for
that.
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4.
|
The
lessee shouldn’t do any illegal things in the leasehold, or he is
responsible for the result caused by it. The lessee is responsible
for the
safety and fire prevention when manufacturing and storing. The lessee
should cooperate with the lesser on the security
administration.
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Chapter
Nine Return provisions
1.
|
The
lessee should return the leasehold three days after the expiration
date.
If the lessee wants to renew it, he should require in written form
two
months before the expiration date. Contract should be signed again
after
the xxxxxx accepts his requirement.
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2.
|
When
returning the leasehold, the lessee has the right to remove what
he has
installed before.
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Chapter
Ten Breach of the contract and The responsibility of breaking the
contract.
1.
|
In
the first two year of the lease term, any side shouldn’t breach the
contract. Two years later, the request of canceling the contract
should be
made by one side, two months earlier in written
form.
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If
the
lesser breaks the contract, the lesser should return the total deposit to the
lessee and should pay two months rent as penalty. If the lessee breaks the
contract, the lesser won’t return the deposit to the lessee and the lessee
shouldn’t remove what he has installed before.
2.
|
The
delay of rent payment will result in 0.2% penalty
each day. Two months delay of rent payment by xxxxxx will lead to
canceling the contract by lesser.
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3.
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When
the government expropriates
the leasehold which leads to the impossible utility of it by the
lessee,
the contract expires automatically and both parties wouldn’t have to
assume the responsibility of breaking the contract. The lesser agrees
to
give the lessee full amount of the compensation paid by the government;
return the deposit and rents
overpaid.
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4.
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The
delay of transferring the leasehold by the lesser will result in
a
payment
of 0.2% of the whole rent in the leasing period as a penalty each
day. If
the lesser delays over 30 days, the lessee has the right to cancel
the
contract and ask the lesser to pay back the deposit. The lesser is
responsible for the damage to the
lessee.
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5.
|
Both
parties should execute the contract seriously. The responsibilities
of
breach
the contract are base on the laws.
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Chapter
Eleven Announcement and Guarantee
1.
|
The
lesser guaranties the right of leasing and signing the
contract.
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2.
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If
the lesser break the provision 1, the lessee has the right to cancel
the
contract at any time, The lesser is responsible for the
loss.
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Chapter
Twelve Miscellaneous
1.
|
When
objectionable issue happens, both parties should negotiate first
before
they go to the court.
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2.
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The
lessee and the lesser got the bipartite
contract with the same legal
effect.
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3.
|
The
contract comes into force from the date it is signed and
sealed.
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4.
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The
appendices have the same legal
effect.
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The
legal
address of the lessee and the lesser listed in the contract shall be the posting
address. Any change of the address by one party should be informed to the other
party in one week in written form, or the old one is still be regarded as
posting address.