Factory (warehouse) lease contract model
[Legal Education Network] Factory lease contract model
Lessor:___________
Authorized representative: __________ Title: ___________
address:____________
telephone / fax:___________
Lessee: ___________
Authorized representative: __________ Title: ___________
address:____________
telephone / fax: ___________
According to the relevant laws and regulations, both parties have reached the following terms and conditions by consensus.
The first lease item location, area, function and use
Party A will lease the plant or warehouse located in __________________ to Party B for use. The leased area is determined by both parties to be _________square meters.
The function of this lease item is _____________ and is chartered to Party B for use. If Party B needs to change the function of use, after Party A's written consent, all the procedures required for the change of functions shall be reported by Party B in accordance with the relevant provisions of the government, and Party B shall bear all the expenses due to the change of function.
This lease item shall be chartered by Party B and managed by Party B itself.
Second lease term
The lease term is ___ years, from _____ years ___ months ___ to _____ years ___ months ___ days.
The __ month before the expiration of the lease term, with the consent of Party A, both parties will re-sign the lease contract for the lease. Under the same tenancy conditions, Party B has priority.
Article 3 Free rent period and delivery of leased goods
3.1 The rent-free period of the lease item is five months, that is, from _____________________________. The next day after the expiration of the rent-free period is the date of commencement of rent, the rent is collected from the date of commencement of rent.
3.2 Within ___ days from the effective date of this rental contract, Party A will deliver the leased property to Party B as it is, and Party B agrees to lease the leased property and facilities.
Article 4 Lease costs
4.1 Lease deposit
The rental deposit for this rental contract is twice the rent for the first month, which is RMB ___________ yuan.
4.2 Rent
The rent from the first year to the second year is RMB per square meter per month, and the annual rent from the third year to the fifth year will increase by 5% from the previous year; the warehouse rent from the sixth year will be at the position of the time. The rental level of the house lease is based on the basis of mutual agreement between the two parties. The annual ___ day is used as the annual rent adjustment day.
4.3 Property Management Fee
The property management fee is calculated in RMB ________ per square meter per month.
4.4 Power supply capacity increase fee
Party A shall be responsible for the application for the power supply capacity increase, and Party B shall bear all the expenses for handling the power supply capacity increase.
Article 5 Payment of Lease Fees
5.1 Party B shall pay Party A a partial lease deposit of RMB ______ yuan before the signing of this contract. The balance of the lease deposit shall be paid to Party A in one lump sum before ___ day.
Upon expiration of the lease term, Party B has paid all the rents payable, property management fees and all expenses incurred as a result of this lease to Party A, and returned the leased property such as leased property to Party A in accordance with the provisions of this contract. After ___, Party A will refund the rental deposit to Party B without compensation.
5.2 Party B shall pay Party A the monthly rent on or before the 5th of each month. It shall be remitted by Party B to the following account designated by Party A, or by other payment methods agreed by both parties in writing.
Party A bank: _______________
account number:_______________
If Party B pays the rent late, Party A shall pay the late payment fee to Party A. The amount of late payment is: __________ of the number of default days multiplied by the total amount of outstanding rent.
5.3 Party B shall pay Party A the property management fee in accordance with Article 4.3 on or before the fifth day of each month. If the property management fee is overdue, the late payment fee shall be paid to Party A. The amount of late payment is: _________ of the number of defaults multiplied by the total amount of the property management fees owed.
5.4 After the commencement of this contract, Party A shall undertake the relevant procedures for the application for power supply capacity increase, and Party B shall bear the expenses due to the increase in power supply, including but not limited to capacity expansion. Party B shall pay Party A the relevant fees during Party A's application for the relevant formalities.
Article 6 Transfer of Leases
During the lease term, if Party A transfers part or all of the property rights of the leased property, Party A shall ensure that the transferee continues to perform this contract. Under the same conditions of transfer, Party B has the right of first refusal to the leased property.
Article 7 Maintenance and maintenance of special facilities and sites
7.1 Party B shall enjoy the exclusive right of the facilities to which the leased property belongs during the lease term. Party B shall be responsible for the maintenance, maintenance and annual review of the special facilities within the leased property, and shall ensure that the special facilities are returned to Party A with the leased property in a reliable operation state at the termination of this contract. Party A has the right to inspect and supervise this.
7.2 Party B has properly used and maintained the leased product's ancillary design, and may have various possible
Barriers and dangers should be eliminated in time to avoid all potential hazards.
7.3 Party B shall protect the leased property within the lease term. Party B shall be responsible for the repair of the leased property due to improper use of Party B. The expenses shall be borne by Party B.
Article 8 Fire Safety
8.1 Party B shall strictly abide by the implementation of the "Fire Control Regulations of the People's Republic of China" and the relevant system of ______ during the lease period, and actively cooperate with the competent department of Party A to do fire protection work. Otherwise, Party B shall bear all responsibility and losses arising therefrom.
8.2 Party B shall arrange fire extinguishers in the leased materials in accordance with relevant regulations. It is strictly forbidden to use the fire protection facilities in the buildings for other purposes.
8.3 If it is necessary to carry out the first-level temporary hot work due to maintenance and other matters in the rental, it shall be approved by the competent department of Party A.
8.4 Party B shall be fully responsible for the fire safety in the leased property in accordance with the relevant provisions of the fire department. Party A shall have the right to inspect the fire safety of the leased property within a reasonable time agreed by both parties, but Party B shall give written notice to Party B in advance. Party B shall not unreasonably refuse or delay giving consent.
Article 9 Insurance liability
During the lease term, Party A is responsible for the purchase of the leased property insurance, and Party B is responsible for purchasing the property of Party B in the leased property and other necessary insurance. If Party A and Party B have not purchased the above insurance, all the compensations and liabilities arising therefrom shall be borne by Party A and Party B respectively.
Article 10 Property Management
10.1 Upon the expiration of the lease term or the early termination of the contract, Party B shall clean the leased property on the date of expiration of the lease or the date of early termination, the relocation shall be completed, and the leased property shall be returned to Party A. If Party B does not clean up the sundries when returning the leased property, Party B shall be responsible for the expenses incurred by Party A in cleaning up the sundries.
10.2 Party B must abide by the laws of the People's Republic of China, the Shenzhen Municipal Regulations and Party A's relevant provisions on the management of leased property management when using the leased property. If Party B violates the above provisions and affects the normal operation of other users around the building, Party B shall compensate Party A for the losses caused.
Article 11 Decoration Clauses
The liability arising therefrom shall be subject to Party B's 11.1 during the lease term. If Party B is required to renovate or renovate the leased property, Party B shall submit the renovation and alteration design plan to Party A in advance, and with the consent of Party A, agree to submit the consent to the relevant government department.
If the decoration and reconstruction plan may affect the public part and other neighboring users, Party A may object to the part of the plan and Party B shall modify it. The cost of reconstruction and renovation shall be borne by Party B.
11.2 If the decoration and reconstruction plan of Party B may affect the structure of the leased property, it shall be carried out with the written consent of Party A and the original design unit.
Article 12 Sublease of leaseholds
After Party A's written consent, Party B may sublet the part of the leased property, but Party B shall be responsible for the management of the sublease, including collecting rent from the sub-tenant. The responsibilities and rights of both parties shall not be changed by Party B's subletting.
In the event of a sublease, Party B must comply with the following terms:
1. The term of subletting shall not exceed the lease term of Party B by Party B;
2. The use of subletting leases shall not exceed the purposes specified in Article 1 of this contract;
3. Party B shall state in the subletting agreement that if Party B terminates this contract in advance, the sublease and lease of Party B and the sub-tenant shall be terminated at the same time.
4. Party B shall require the sub-tenant to sign a guarantee to ensure that it agrees to fulfill the provisions of the contract between Party B and Party A regarding the sub-leasing, and promises to assume joint and several liability with Party B for the performance of this contract. When Party B terminates this contract, the sublease lease is terminated at the same time, and the sub-tenant unconditionally relocates the lease item. Party B shall submit the guarantee signed by the sub-tenant to Party A within five days after the signing of the sub-lease agreement.
5. Regardless of whether Party B terminates this contract in advance, Party B shall be responsible for all disputes arising from Party B's subletting.
6. Party B shall be responsible for the taxes and fees payable by the sub-tenant as a sub-lease.
Article 13 Early termination of the contract
13.1 During the lease term, if Party B owes the rent or property management fee for more than one month, Party A shall not pay the relevant amount within 5 days from the date of written notice to Party B to pay the arrears. Party A has the right to stop Party B from using the leased property. All the losses caused by the relevant facilities within it shall be borne by Party B.
In the event that Party B defaults on rent or property management fees for more than two months, Party A shall have the right to terminate this contract in advance and execute it in accordance with the provisions of paragraph 2 of this Article. This contract shall automatically terminate upon the date on which Party A notifies Party B by fax or letter. Party A has the right to retain the property in Party B's leased property and will apply for the auction of the retained property for five days after the date of the written notice of cancellation of the contract to cover the full expenses incurred by Party B due to the lease.
13.2 Party B shall not terminate this contract in advance without Party A's written consent. If Party B needs to cancel the contract in advance, it must notify Party A in writing six months in advance, and the following procedures are completed before the contract can be terminated: a. Return the lease item to Party A; b. Pay the rent and other factors of the actual lease period The expenses incurred in this contract; c. A payment equal to twice the rent of the current month shall be paid to Party A as compensation on or before the early termination of this contract. Party A shall return Party B's lease deposit to Party B within 5 days after Party B fulfills the above obligations.
Article 14 Disclaimer
14.1 If Party A cannot continue to perform this contract due to changes in the government's laws and regulations regarding the lease, or government actions, it will be implemented in accordance with paragraph 2 of this Article.
14.2 Where a natural disaster such as a serious earthquake, war or other unforeseeable force majeure that cannot be prevented or avoided by its occurrence and consequences causes any party to fail to perform this contract, the party that encounters the above force majeure shall immediately notify by post or fax. The other party shall, within 30 days, provide details of the force majeure and the documents that the contract cannot be performed, or may not be partially fulfilled, or the reasons for delaying the performance of the reasons. The supporting documents shall be issued by the notary office of the area where the force majeure occurs. If the certificate file issued by the notarization is not available, other strong proofs shall be provided. The party that suffers from force majeure is thus excused.
Article 15 Termination of the contract
If the contract expires early or the expiration of the validity period, if Party A and Party B fail to reach the renewal agreement, Party B shall relocate the lease item on the date of early termination or the expiration of the lease term and return it to Party A. If Party B fails to relocate or return the leased property within the time limit, Party A shall pay Party A twice the rent, but Party A has the right to notify Party B in writing that it does not accept double rent and has the right to take back the leased property and forcibly move the items in the leased premises. Leaving the leased property and not being responsible for the safekeeping.
Article 16 Advertising
If Party B needs to set up a billboard on the body of the leased building, it must complete the relevant approval procedures in accordance with relevant government regulations and report it to Party A for record.
If Party B needs to set up a billboard around the leased building, it must be approved by Party A in writing and in accordance with relevant government regulations.
Article 17 Relevant taxes and fees
According to the relevant provisions of the State and Shenzhen Municipality, the stamp duty, registration fee, notary fee and other related taxes and fees payable in this contract shall be borne by Party A as the lessor and Party B as the bearer. The registration procedure shall be handled by Party A.
Article 18 Notice
All notices required to be issued in accordance with this contract and the documents and correspondence between Party A and Party B and the notices and requirements related to this contract shall be in writing; Party A shall give Party B or Party B a telex or fax to Party A, The registered mail is deemed to be married and served by the other party's land contract with the address mentioned on the first page and after the other party has paid the mail for seven days or by special person to the above address.
Article 19: Applicable law
19.1 The dispute arising from the performance of this contract shall be settled by negotiation between the two parties. If the negotiation fails, the arbitration procedure shall be adopted. Both parties agree to use the China International Economic and Trade Arbitration Commission Shenzhen Branch as the disputed arbitration institution.
19.2 This contract is governed by the laws of the People's Republic of China and is governed by the laws of the People's Republic of China.
Article 20 Other Articles
20.1 Matters not covered in this contract may be signed separately after agreement between the two parties.
20.2 This contract is in the form of a copy. Both Party A and Party B are responsible for each share.
Article 21: Contract effectiveness
This contract shall be signed and sealed by both parties and shall come into effect after receiving the first lease security deposit paid by Party B.
Party A: _________________
Representative form / proxy: _________
Party B: _________________
Representative form / proxy: _________
Signing time: _____ years __ month __ day
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