Shanghai Plant Leasing Contract (2005 Edition)

[contract model]

Party A: _____________________________

residence:_______________________________________

Zip code: _______________________________________

[Legal representative] [I]: _____________________

contact number:___________________________________

[ID card] [passport] [business license] number: _________

[Delegation] [legal] Agent: _____________________

contact number:___________________________________

Party B: _____________________________

residence:_______________________________________

Zip code: _______________________________________

[Legal representative] [I]: _____________________

contact number:___________________________________

[ID card] [passport] [business license] number: _________

[Delegation] [legal] Agent: _____________________

contact number:___________________________________

According to the "Contract Law of the People's Republic of China", "Shanghai Housing Leasing Regulations" and other laws and regulations, and in conjunction with the "Opinions on Strengthening the Production, Fire Fighting, and Special Equipment Safety Management of Leasing Plants and Places in the City", Party A and Party B are equal. On the basis of voluntariness, fairness and honesty, this contract is concluded by agreement on the lease of the factory that Party B can lease according to law.

The first rental factory situation

1.1 The factory leased by Party A to Party B is located in the city _________ [District] [County] _________ Road _________ _______ _______ Room _______. The factory lease [Building Area] [Usage Area] is _________ square meters, and its floor plan is attached to the attached file of this contract.

1.2 Party A as the [real estate right owner] [authorized principal] of the factory [other rights holders stipulated by law] establishes a lease relationship with Party B. Before signing this contract, Party A has presented Party B with the [real estate warrant] of the factory [certificate of entrusted lease by the property owner] [certification of other rights holders by law], warrant number: _________; and Party B has been informed that the plant [has] Not set a mortgage.

1.3 The original planned design and use nature of the plant is _________; its existing decoration, related facilities and equipment conditions, safe production conditions, fire rating, and Party A's consent to Party B's own decoration and change of technical process or production facilities content, standards and needs Other related matters agreed upon shall be listed by Party A and Party B in the attached files of this contract. Party A and Party B agree that the subsidiary file shall be the basis for the acceptance of Party A's delivery of the plant to Party B and the return of Party B to Party A upon termination of this contract.

Article 2 Nature of lease use and production use

2.1 Party A has checked Party B's business license, corresponding production operation qualification certificate or the scope of production and operation to be engaged. Party B promises to lease the factory in strict accordance with the approved production and business scope and the original production design and use nature of the plant for the production of _________ products.

2.2 Party B guarantees that during the lease period, Party A has not obtained the written consent of Party A, or has not been approved by the relevant departments such as safety production supervision and fire protection, and does not arbitrarily change the nature of production and use of the planning and design of the plant, and engages in addition to the above provisions. Other products production and operation activities.

Article 3 Delivery date and lease term

3.1 Party A and Party B agree that Party A shall deliver to Party B the relevant facilities and equipment as agreed in the attached files of this contract before the date of ____________________________________________________________________________________________________________________________ The lease date is from ____________________________________________________________________________________________________________________________________________________________________________________________________

3.2 Upon expiration of the lease, Party B shall return the plant and related facilities and equipment as scheduled. If Party B needs to continue to lease, it shall submit a written request for renewal of the lease to Party A _________ months before the expiration of the lease term. After Party A's consent, both parties shall re-sign the lease contract.

Article 4 Rent, payment method and deadline

4.1 Party A and Party B agree that the rent per square meter of [construction area] [use area] of the plant is ______ yuan. The monthly rent totals _________ yuan. .

4.2 The rent of the factory is unchanged within _________ [year] [month]. Since the _________ [year] [month], the two parties can negotiate to adjust the rent. The adjustments shall be agreed by Party A and Party B in the supplementary terms.

4.3 Party B shall pay Party A the rent before the _________ day of each month. If the payment is overdue, Party B shall pay a penalty of _________% of the daily rent for each day overdue.

4.4 The way Party B pays rent is as follows: ____________________________.

Article 5 Margin and other expenses

5.1 Party A and Party B agree that when Party A delivers the plant, Party B shall not pay the factory lease deposit to Party A. [The company shall pay Party A the lease security for the ___month, ie _________ yuan Party A shall issue a receipt voucher to Party B after receiving the deposit. When the lease relationship is terminated, the factory lease deposit received by Party A shall be refunded to Party B in addition to the expenses borne by Party B in addition to the contract.

5.2 During the lease period, the expenses for water, electricity, gas, communication, equipment, property management, _________, etc. incurred by the plant shall be borne by [Party A] [Party B]. Other related expenses shall be borne by [Party A] [Party B].

5.3 [Party A] [Party B] shall bear the above-mentioned expenses, calculation or apportionment method, payment method and time: _______________.

Article 6 Requirements for the use of the plant

6.1 When signing this contract, Party A and Party B shall, in accordance with the requirements of the safety production laws and regulations and the provisions of Articles 2, 3 and 5 of the “Safety Management Opinions”, simultaneously conclude the “Safe Production Management Agreement” as the subsidiary file of the contract and clarify the lease. Responsibilities for safety management of production, fire protection and special equipment.

6.2 Party A and Party B agree that during the lease period, if the plant and related facilities and equipment are damaged or faulty, Party A shall be responsible for the repair and the maintenance costs shall be borne by Party A. [If repaired by Party A, Party A shall perform maintenance within _________ days after receiving notice from Party B. If it is not repaired within the time limit, Party B may repair it on its behalf. After the repair, it shall promptly submit the repair content and expense certificate to Party A. 】【If repaired by Party B, Party B shall promptly submit the repair contents and expense certificate to Party A after repair. 】

6.3 During the lease period, Party B shall use and care for the plant and related facilities and equipment reasonably. If Party B uses improper or unreasonable use, resulting in damage or malfunction of the plant and related facilities, the maintenance cost shall be borne by Party B.

6.4 During the lease period, Party A and Party B shall ensure that the plant and facilities are in a normal usable and safe state in accordance with the provisions of the Safety Production Management Agreement. Party A shall cooperate with Party A when performing safety management duties and inspecting the plant. Where Party B discovers that there is a hidden danger in safety production, Party A has the right to inform Party B in writing and order Party B to carry out rectification.

6.5 If Party B adds special equipment, or if it needs to be renovated, change technical process or modify relevant facilities and equipment, Party A's written consent shall be obtained in advance. Where it must be reported to the relevant department for approval according to the regulations, it shall be carried out only after [Party A] [Party A entrusts Party B] to report to the relevant department for approval.

Article 7 Status of the factory when it is returned

7.1 Unless Party A agrees to Party B's renewal of the lease, Party B shall return the plant and related facilities and equipment within _________ days after the expiration of the lease term of this contract, and if it is overdue without the consent of Party A, Party B shall _________ yuan/m2 will pay Party A the usage fee during the occupation period.

7.2 Party B shall return the plant and related facilities and equipment in accordance with the state after normal use. When returning, Party A shall accept and accept according to the agreement of the subsidiary file of the contract, and settle each other's expenses.

Article 8 Sublease, transfer and exchange

8.1 Except that Party A has agreed to sublease B in the supplementary clause of this contract, Party B may, before the lease term, obtain the prior written consent of Party A before subletting part or all of the plant to others.

8.2 If Party B subleases the factory, it shall sign a written sublease contract with the subletter as required, and according to the original Safety Production Management Agreement, Party A and Party B shall sign the Safety Production Management Agreement with the subletter. 》. Among them, the responsibility for safety production management that Party A should undertake is not changed due to sublease.

8.3 During the lease term, Party B shall transfer the plant to another person for rent or exchange with the factory rented by others, and Party A's written consent must be obtained in advance. After the transfer or exchange, the assignee or exchanger of the lease of the plant shall sign a lease change contract with Party A and continue to perform this contract and the Safety Production Management Agreement.

8.4 During the lease term, Party A shall notify Party B three months in advance if it wishes to sell the plant. Party B has the right of first refusal under the same conditions.

Article 9 Conditions for the termination of this contract

9.1 Party A and Party B agree that during the lease term, if one of the following circumstances occurs, the contract is terminated and the parties are not responsible for each other:

The land use right within the scope of the plant shall be recovered in advance according to law.

The plant was expropriated by law in the public interest.

The plant was included in the scope of house demolition permit due to urban construction needs.

The plant was identified as a dangerous factory during the lease term or was damaged or lost due to force majeure.

Party A has informed Party B that the factory has been mortgaged before the lease, and is now being punished.

_________________________________________________.

9.2 Party A and Party B agree that in any of the following circumstances, one party may notify the other party in writing to terminate this contract. A party that violates the contract shall pay liquidated damages to the other party at __ times the monthly rent; if the other party causes losses, and the liquidated damages are insufficient to pay the losses, the difference between the losses caused and the liquidated damages shall be compensated:

Party A failed to deliver the plant and related facilities and equipment on time, and has not delivered it within _________ days after the notice from Party B.

The plant delivered by Party A and related facilities and equipment do not comply with the provisions of this contract, resulting in the inability to achieve the purpose of the lease; or the plant and related facilities delivered by Party A endanger the safety of production or the existence of fire level defects.

Party A found that Party B did not perform its management duties conscientiously in accordance with the "Safe Production Management Agreement", and there were hidden dangers in production safety, and Party B was informed in writing to order it to rectify, and Party B refused to rectify or refused to rectify it.

Party B has not obtained the written consent of Party A and the approval of relevant departments, and has arbitrarily changed the nature of production and use of the planning and design of the plant, and used it for the production and operation activities of other products other than those stipulated in the first paragraph of Article 2.

Party B has not obtained the written consent of Party A and approved by relevant departments such as safety production supervision and fire protection, that is, adding or renovating special equipment, or producing, operating, transporting, storing, using or transporting dangerous chemicals.

If Party B fails to obtain the written consent of Party A, it may sublet the factory, transfer or exchange the lease right of the factory with others.

If Party B fails to pay the rent overdue, it will exceed _________month.

_________________________________________.

Article 10 Liability for breach of contract

10.1 If there is any defect in the delivery of the plant and related facilities and equipment, Party A shall repair it within the day from the date of delivery. If it is not repaired within the time limit, Party A agrees to reduce the rent and change the relevant rental terms.

10.2 Party A shall be liable for compensation if Party A has not notified Party B in the contract that the factory has been mortgaged or the transfer of property rights has been restricted before the loss of Party B.

10.3 If Party A fails to cancel this contract during the lease period and withdraws the factory in advance during the lease period, Party A shall pay Party B a penalty of _________ times the rent for the number of days recovered in advance. If the liquidated damages are insufficient to pay the losses of Party B, Party A shall also be responsible for compensation.

10.4 During the lease period, according to the provisions of Article 6 of this contract, [Party A] [Party B] fails to perform the maintenance and maintenance responsibilities as stipulated in this contract in time, causing damage to the plant and related facilities and equipment. [Party A] [Party B] shall be liable for compensation. responsibility.

10.5 Party B has not obtained the written consent of Party A or exceeded the scope and requirements of Party A's written consent, and has changed the building structure of the factory without authorization, violated relevant technical standards and fire safety regulations, and carried out renovation works such as power lines and changed technical processes or production facilities. Party A has the right to request Party B to restore the original condition of the plant and related facilities and compensate for the loss.

10.6 If Party B does not arbitrarily withdraw the rent during the lease period, Party B shall pay Party A a penalty of _________ times the rent of the renter in advance. If the liquidated damages are insufficient to pay the losses of Party A, Party B shall also be responsible for compensation. Party A can deduct from the rental deposit. If the margin is not deducted, the insufficient portion shall be paid by Party B separately.

Article 11 Ways to resolve disputes

11.1 This contract is governed by the laws and regulations of the People's Republic of China.

11.2 If there is a dispute between Party A and Party B in the process of fulfilling this contract, it shall be settled through negotiation; if the negotiation fails, the two parties agree to choose the following _________ methods to solve:

Submitted to the Shanghai Arbitration Commission for arbitration;

Prosecuted in accordance with the law in the _________ People's Court.

Article 12 Other Articles

12.1 During the lease period, if Party A needs to mortgage the uncollateralized factory buildings and related facilities and equipment, Party B shall inform Party B in writing and promise to Party B that the plant and related facilities and equipment shall be mortgaged and the parties agree to dispose of the factory before discount or sale. _________ The day is in writing to ask Party B to purchase the plant and related facilities and equipment.

12.2 This contract is effective from both parties [signed] [signed ________]. Within 15 days after the entry into force, [Party A] [Party B] [Common Party A and Party B] shall be responsible for registering and filing according to the regulations, obtaining the registration certificate for the registration of the house lease contract, and reporting the Safety Production Management Agreement to the street where the plant is located. Or the town people's government for the record

12.3 After the registration and filing of this contract, if the contract is changed or terminated, [Party A] [Party B] shall be responsible for handling the change and termination registration procedures to the original accepting institution within 15 days from the date of the change or termination of this contract. Party A shall bear all responsibility for the legal dispute arising from Party A’s failure to go through the registration of the house lease contract, change or terminate the registration and filing. Among them, due to the change of contract, if the "Safe Production Management Agreement" needs to be adjusted, it should be re-submitted according to the provisions of the preceding paragraph after adjustment; if the contract is terminated, the cancellation procedure for the "Safe Production Management Agreement" should be handled accordingly. .

12.4 The matters not covered in this contract may be supplemented by the agreement between Party A and Party B. The supplemental terms and subordinate files of this contract are inseparable parts of this contract. The texts filled in this contract and its supplementary clauses and the spaces in the attached files have the same effect as the printed characters.

12.5 When signing this contract, both Party A and Party B clearly understand their respective rights, obligations and responsibilities, and are willing to strictly enforce them in accordance with the contract. If one party violates this contract, the other party has the right to claim according to the provisions of this contract.

12.6 This contract, together with the attached file, is _________ copies. Among them: Party A and Party B each hold one copy, _________ [District] [County] Real Estate Trading Center or Farm Bureau Acceptance Office, and _________ each, have the same effect.

Party A: ___________________

Party A [I] [legal representative]: _____

Attorney signing: _________________

Signing time: _________ year ____ month ____ day

place of signing:_______________________

Party B: ___________________

Party B [I] [legal representative]: _____

Attorney signing: _________________

Signing time: _________ year ____ month ____ day

place of signing:_______________________

Broker Name: ___________________

Broker Name: _____________________

Broker practice certificate number: _______________

Subsidiary file

Attached file plan of the factory

The existing decoration of the attached file, the condition of the relevant facilities and equipment, the safe production conditions, the fire rating, and the content, standards and related matters that Party A agrees to modify and change the technical process or production facilities by Party B.

Subordinate file safety production management agreement

1. This contract is the Shanghai Municipal Housing and Land Resources Administration and the Shanghai Municipal Administration for Industry and Commerce in accordance with the "Contract Law of the People's Republic of China" and the "Regulations on Shanghai Housing Leasing", in conjunction with the "Production and Fire Protection of Strengthening Leasing Plants and Locations in the City" The Opinions on the Safety Management of Special Equipments, as well as the special model texts formulated by the State and this Municipality in terms of planning, fire protection, architectural design, and safety production, are only applicable to the workshops in the administrative divisions of this Municipality that negotiate and determine the rent according to the principle of marketization. Lease behavior. Model text. The terms of this contract are indicative terms and are agreed upon by the parties to the lease. The unfinished matters in the contract may be clarified by the parties after they have reached a consensus.

2. In the terms of this contract, the content of [] is a side-by-side option, and the parties may choose according to actual requirements and shall not be excluded.

3. Before the signing of this contract, both parties shall verify each other's identity certificates. The lessor shall also issue real estate warrants or other ownership certificates to the lessee.

4. After the signing of this contract, the leasing party shall, in accordance with the regulations, go through the registration and filing with the real estate transaction center or farm system acceptance office in the area where the factory is located, and obtain the registration certificate for the lease contract.

5. The text of this contract can be purchased from the real estate transaction center, the farm system reception office or the community affairs acceptance center where the city or factory is located. Both parties should read carefully before using this contract and carefully understand the contents of each clause.

6. If the lease relationship of this contract is represented or intervened by a brokerage institution, the leasing party shall require the brokerage institution and the broker to sign and seal the last page of this contract.