Chinese and foreign lease contract
Lessor: Address: ____ Phone: ____ Telegraph registration: ____ Bank account number: ____ Lessee: Address: ____ Phone: ____ Telegraph registration: ____ Bank account number: ____ Party A and Party B agree to sign this lease contract in accordance with the following terms:
The first contract basis and leased items
Party A shall, according to the approval of Party B's superior authority ____ and according to the requirements of Party B's lease power of attorney, rent ____ to lease to Party B for use. The names, specifications, models, quantities and locations of the leased items are detailed in items 1 and 5 of the Schedule to this contract, which is an integral part of the contract.
Article 2 Ownership of the leased item
1. During the lease term, the ownership of the leased items listed in the Schedule belongs to Party A. Party B has only the right to use the leased item and has no ownership. Party B shall not sell, transfer, sublease, mortgage or take any other infringement of the ownership of the leased item during the lease term.
2. After the lease expires, Party A may agree to Party B to renew the lease or sell the leased item to Party B at the nominal price listed in item 11 of the Schedule. The nominal price is paid in conjunction with the last rent. After the nominal price has been cleared, the ownership of the leased item will be transferred to Party B.
Article 3 Calculation and payment of rent
1. The rent is calculated on the basis of the total cost of the leased item. The total cost of the leased item includes the price of the leased item, sea freight, insurance and financing interest, and bank charges. The total cost is the total amount of all the above amounts and expenses paid by Party A in foreign exchange and RMB.
2. When the rent is paid in US dollars:
Party B shall, within 30 days after signing this contract, transfer the amount of USD required for the contract to the US dollar amount account of Party A's Bank of China Head Office in the form of bank transfer.
The rent is denominated in the same currency as A. On the day of each payment of rent to foreign countries, the exchange rate of the Bank of China is converted into US dollars, and settled with Party B at the internal settlement price of the trade. Party B pays the rent in RMB, and Party A collects it from Party B through the People's Bank of China.
3. When the rent is paid directly in foreign currency:
The rent is denominated and paid in the same currency as the leased or purchased leased item.
The rent for each period shall be directly transferred by Party B to the account of Party A's sales department of Bank of China Head Office within the prescribed payment date.
US dollar account number: ____; yen account number: ____; German mark account number: ____.
4. When the rent is paid in US dollars:
The rent is denominated in the same currency as A. On the day of each payment of rent to foreign countries, the exchange rate of the Bank of China is converted into US dollars, and the Bank of China adjusts the US dollar price to settle with Party B.
Party B pays the rent in RMB, and Party A collects it from Party B through the People's Bank of China.
Article 4 Changes in rent and interest on fines
1. During the lease term, Party A shall notify Party B in writing of such changes and propose new actual rents due to changes in the taxation and tax rate of the government or the exporting country of the government.
2. If the total cost of the leased item does not match the estimated rent, Party A shall notify Party B of the actual rent amount in writing after the leased item has been delivered, and Party B shall make the corresponding change to the estimated rent. Party B acknowledges the change.
3. When Party B delays the payment of rent, Party A will calculate the interest of the three-thousandths of the deferred amount on the daily basis according to the deferred payment time.
Article 5 Delivery and Acceptance of Leased Articles
1. The leased item shall be delivered by Party A to Party B at the port of discharge listed in item 4 of the Schedule. Party A shall not be liable for delays in the delivery of leased items due to government law, force majeure and delayed transportation, unloading, customs declaration, etc. that are not the responsibility of Party A.
2. After the leased item arrives at the installation or use location, Party B shall inspect the leased item within 30 days, and at the same time, hand over the acceptance receipt of the leased item after the receipt and seal to Party A.
3. If Party B fails to accept the inspection according to the time specified in the preceding paragraph, Party A shall consider that the leased item has been inspected and completed by Party B in the complete state, and Party B has deemed that Party B has delivered the acceptance receipt of the leased item to Party A.
4. If Party B finds that the type, specification, quantity and technical performance of the leased item are inconsistent, unfavorable or defective during the acceptance, Party B shall obtain the commodity inspection certificate from China Commodity Inspection Bureau within 90 days after receiving the goods. The above situation shall be immediately notified to Party A in writing. Party A shall assist Party B in making representations and handling claims and other matters in accordance with the relevant provisions stipulated in the purchase agreement signed with the seller.
Article 6 Quality Assurance and Accident Handling.
1. The quality assurance conditions of the leased item are in conformity with the quality assurance conditions in the purchase agreement signed between Party A and the seller. If the quality problem occurs during the quality assurance period is the responsibility of the seller, Party A agrees to transfer the claim right specified in the purchase agreement to Party B and assist Party B in handling the claim. When the seller is required to send someone to China, Party A is responsible for handling the procedures for inviting foreign businessmen to come to China.
2. During the lease term, Party B shall bear full liability for the loss of the leased item due to Party B’s liability accident.
3. In the event of any of the above, the continued execution and effectiveness of this contract will not be affected.
Article 7 Use, repair, maintenance and cost of leased items
1. The leased item is used by Party B during the lease term. Party B shall be responsible for daily maintenance and maintenance, keep the equipment in good condition, and bear all the expenses incurred.
2. Party B shall bear full responsibility for the loss of the third party in the course of installation, storage, use, etc.
3. Party B shall bear all expenses and taxes incurred during the installation, storage and use of the leased items.
Article 8 Damage and destruction of leased objects
1. Party B shall bear the risk of damage and loss of the leased items that occurred during the lease term.
2. In the event of damage or loss of the leased item, Party B shall immediately notify Party A. Party A may choose one of the following methods to be handled by Party B and bear all expenses:
Restoring or repairing the leased item to a fully functional state;
Replace the parts and accessories of the same model and performance as the rental items so that they can be used normally;
When the leased item is lost or damaged to the extent that it cannot be repaired, Party B shall compensate Party A according to the predetermined amount of loss specified in item 9 of the Schedule.
Article 9 Insurance of leased items
1. When FOB or C&B conditions are delivered, Party A shall handle the import transportation insurance procedures for the leased items.
2. The leased item shall be insured by the People's Insurance Company of China from the date of shipment to the place where Party B is installed or used to cope with the risk of damage to the leased item caused by natural disasters.
3. During the lease period, if an insurance accident occurs, Party B shall immediately notify Party A and the People's Insurance Company of China in the local branch office, and provide Party A with the inspection report and relevant information, and Party A shall make a claim against the People's Insurance Company of China.
The insurance premiums of this article are included in the total rent and paid in foreign currency, which shall be borne by Party B.
The amount payable by Party B to Party A in accordance with Article 8 may be reduced or exempted from the insurance compensation.
Article 10 Lease Deposit
1. Upon the signing of this contract, Party B shall pay Party A the lease security as stipulated in Item 8 of the Schedule as a guarantee for the performance of this contract.
2. The lease deposit is not subject to interest and is returned to Party B or all or part of the last lease at the end of the lease term.
3. If Party B violates any of the terms of this contract, Party A will deduct the amount that Party B should pay to Party A from the lease deposit.
Article 11 Dealing with breach of contract
1. Except for the provisions of Article 4 of this contract, neither party may change or cancel the contract in the middle without the written consent of the other party. Any violation of this contract by any party will be handled in accordance with the relevant provisions of the Economic Contract Law of China.
2. If Party B does not pay rent or violates any of the terms of this contract, Party A has the right to take the following measures:
Party B is required to pay all or part of the rent and other expenses in a timely manner.
The contract shall be terminated, the leased item shall be recovered or required to be returned, and Party B shall be required to compensate Party A for the loss.
3. Before the leased item is delivered, Party B shall be responsible for compensation for all losses caused to Party A by Party B in violation of this contract.
Article 12 Economic guarantee
Party B entrusts ____ to be the economic guarantor of Party B's contract. No matter what happens, Party B will not pay the rent in accordance with the requirements of the Schedule to this contract. Party B's economic guarantor will pay Party B in accordance with Article 15 of the Economic Contract Law. The rent owed.
Article 13: Settlement of disputes
1. All disputes concerning this contract, the economic guarantors of Party A and Party B and Party B shall first be resolved in accordance with the relevant provisions of China's Economic Contract Law and other regulations. If it cannot be resolved, it will be submitted to the relevant economic court.
2. The purchase agreement or lease contract signed between Party A and the foreign party requires the information provided by Party B at the time of arbitration and assists Party A in making representations.
Article 14 Attached files of this contract
The sub-file of this contract is an integral part of this contract and has the same legal effect as the body of this contract.
Attached files of this contract:
Lease contract schedule;
Lease order and schedule;
Lease equipment confirmation;
A copy of Party A's purchase agreement, agreement number: ____;
Party B leases the repayment guarantee and repayment plan.
Article 15 Others
1. The original of this contract is in duplicate, and it shall take effect after the signature and seal of both parties, and each party shall hold one original. A copy of the contract must be held by the two parties, except for the holder of the economic guarantee of Party B.
2. Any modification, supplement or change to the contents of this contract shall be in writing and shall become effective upon the official seal of both parties. The modification and alteration of this contract shall be regarded as an integral part of this contract.
Party A: ____ Manager: ____ Salesperson: ____ Party B: ____ Representative: ______ Year __月__日
Lease contract
Chapter 1 Contractual parties
Article 1, Article 2, Article 3
Chapter II Rental Housing
Article 4
4.1 Party A agrees to lease to Party B, and Party B agrees to lease to Party A the house determined by the affiliated file B “Rental House Icon” agreed by both parties in this contract. The rental building is consistent with the initial design and is consistent with the as-built drawings and is consistent with the terms of this contract. Party A will provide the construction drawings to Party B.
4.2 If, due to the requirements of the Chinese government or building technology, the design of the rental building is compared with the original design, the Party A changes the construction of the rental house and/or the last completed rental house, as long as these changes do not change according to this contract. The use of the prescribed rental housing provides the corresponding decoration and equipment, and the parties agree to the changes as long as such changes do not cause significant changes to the actual area of use. In this case, both parties shall continue to be bound by all the terms of this contract, and Party B agrees not to make any claims or other claims against these changes.
4.3 The interior and exterior decoration of the building of the rental house shall be designed and implemented by Party A at its own expense according to the standard description of the construction agreement between Party A and the contractor of the rental building. Party B's request for any changes to the subsidiary file C shall be approved in writing by Party A, and any expenses incurred therefrom shall be borne by Party B.
Article 5
5.1 Both parties hope that the construction of the building where the rental house is located will be carried out at the normal construction speed, so that it can be completed and delivered on __Year__月__ or other date notified by Party A within __ business days after the conclusion of the construction contract. use. Party A shall notify Party B in writing __ months in advance of the date on which the lease of the leased house shall be effective according to the terms of this contract, but the rental house shall have been received by Party A from the contractor before the opening date. The other date notified by Party A to Party B shall be earlier than or later than __ business days than __Year__月__日. If the "opening date" exceeds __year__month__day or the other specified date __ business days above, Party A shall compensate Party B for any reasonable actual expenses incurred as a result of such overdue.
Rental housing should be considered deliverable when the building is basically completed.
5.2 After __ days of the “opening date”, both parties shall sign a handover protocol to confirm the normal transfer of the rental house and indicate which defects are found to be responsible by Party A.
5.3 When the rental house is suitable for entry for the purposes specified in Clause 5.3, Party B shall arrange for the installation of the mobile device or other necessary items within __ business days prior to the “opening date”. The right to enter any part of the rental house, provided that Party B sends a letter of approval to Party A in advance to confirm that it fully accepts this part of the rental house that Party B considers to be in good condition and satisfactory; the certificate shall be binding on Party B; Both parties shall be solely responsible for all damages or losses or personal injury caused by their respective actions or omissions or by such agents, contractors or employees.
Chapter III Responsibilities of Both Contracts
Article 6
Party A shall be responsible for:
6.1 Construction of the rental housing is completed and completed as follows:
- the structure of the building that completed and completed the rental of the house;
-- Install interior and exterior fittings and equipment in accordance with the standard instructions specified in Appendix C, including a prefabricated, accessible, two-temperature cold storage. Install necessary water supply and drainage, gas, electricity, heating, air conditioning, elevators, escalators, automatic fire-fighting, telecommunications facilities, as well as air-conditioning for CCTV and computer systems, building management systems and necessary installations for the relevant offices.
All costs and expenses for such construction and installation are borne by Party A.
6.2 Provide reasonable expenses incurred by Party B when installing the rental house anti-theft system. The condition is that the fee provided can only be paid according to the legal invoice of such expenses submitted by Party B, and Party A’s total payment does not exceed RMB ____. Party B has the right to install the anti-theft system, provided that such installation does not affect the structure of the rental house.
6.3 Install water, electricity, gas, heating and air-conditioning facilities and provide telecommunications facilities for rental houses in accordance with the provisions of Attached File C.
6.4 Maintenance of heating and air conditioning systems for rental houses, elevators, escalators, fire alarms, mechanical systems for fire protection systems. Party A shall bear the expenses for such maintenance. Party A has its own exclusive power to carry out such maintenance work, and also has the power to entrust a reputable subcontractor to carry out such maintenance, no matter in any way, because of such maintenance. All costs and expenses incurred shall be borne by Party A.
6.5 Keep the building and structure of the rental building and the common area of the first floor and the rental basement in good repair condition, allowing Party B's customers to use the open parking lot.
6.6 Collect Party B's rent, sincerity deposit and guarantee deposit and other fees payable by Party B under this contract.
6.7 Guarantee not to operate in the building nor to allow any third party to operate a store similar in nature to Party B.
6.8 According to the conditions agreed by both parties, provide other assistance when Party B requests the rental housing.
Article 7 Party B shall be responsible for:
7.1 Perform all of its obligations under this contract, including paying the sincerity deposit, guarantee deposit and rent, and the heating and air-conditioning costs of the rented house to Party A as scheduled. At the same time, the water, electricity and gas fees will be paid directly to the relevant departments. If not, the fees should still be paid to Party A.
7.2 Pay for your own garbage disposal fees and other related expenses as well as other public service fees that may be imposed by the Chinese government related to rental housing.
7.3 According to the terms of this contract, the rental of houses within the lease period shall be open to the public, allowing Chinese and foreign guests to enter the rental housing as customers, adopting internationally advanced service methods, and operating the rental housing into a shopping center with first-class service standards.
7.4 Arrange and install all kinds of movable equipment and furniture. All such equipment and furniture purchased by Party B shall belong to Party B. Party B shall arrange corresponding insurance at its own expense.
7.5 Protect rental houses, including buildings and equipment under normal maintenance and clean conditions, maintain sanitary conditions for rental housing, eliminate disturbing noise, and repair agents, employees, customers, guests or Any damage caused by the supplier or contractor.
7.6 Without the written consent of the Party A Architect, you may not post, scribe or write any mark on any part of the outside of the rental house, set up a light box or advertise. However, Party B’s store name and store logo do not require prior written consent, but their specifications and location should be negotiated with the architect who rented the home.
7.7 No part of the rental house or building may be demolished or destroyed or damaged in any way. No changes, additions or improvements may be made to the rental house without the written consent of Party A. By the end of the lease, Party B shall return the rental house to the original date of the opening date.
7.8 No explosives and flammable or toxic materials shall be brought into or stored in a rental house without the prior written consent of Party A.
7.9 Do not install any vibration or noise that may exceed the limits of the relevant environmental protection regulations, or exceed the design load associated with the rental house or the risk of causing the rental house to cause fire or increase the fire of the building, or change the building. Insured rate instruments, machines or equipment, or any other items that are hazardous to or affect the rental of the home.
7.10 Do not use any gas or electrical appliances that exceed the existing pipeline.
7.11 No objection or interference shall be raised against the use, operation, management or lease of any part of the building that is not covered by this contract.
7.12 Arrange and implement fire prevention and arrangements for security measures in rental housing.
7.13 If Party A has a fire accident or any other emergency in the rental building, or if the rental house or any of its fixtures and equipment is found to be defective, notify Party A immediately.
7.14 In case of a request from Party A for the rental of the house, the Party shall provide assistance in accordance with the conditions agreed by both parties.
Chapter IV Lease Term, Rent, Deposit and Other Service Fees
Article 8
8.1 The lease term is calculated as __year from the “opening date”. The lease term may be extended by a written agreement between the parties. Any party wishing to extend the lease term must notify the other party in writing of its intention to extend the time limit.
8.2 Opening Date __ Years, when one party receives written notice from the other party one month in advance, both parties agree to evaluate and discuss the terms and implementation of this contract and the lease. However, the contract may not be modified without the written consent of both parties; this contract is still binding on both parties without such modification.
Article 9
9.1 The total amount of rent for rental housing is ____.
The rent is paid monthly. The rent for each calendar month shall be paid in the relevant part of the month when the opening date of Party A is paid on the 15th of the month and shall be paid in the rent for the next month.
The rent paid by Party B to Party A shall be paid in the form of RMB foreign exchange certificates according to the exchange rate of RMB and foreign currency announced by the State Administration of Foreign Exchange on the date of rent payment. The payment of the sincerity deposit and the guarantee deposit paid in accordance with 9.3 and 9.4 are also calculated and paid in the same way.
9.2 The rent in the contract shall be adjusted and increased in accordance with the ratio specified in Annex A.
9.3 In addition, Party B shall pay Party A a sincerity deposit with a total amount of __month rent. The deposit shall be paid in installments in installments, the first payment shall be made __ months before the opening date, and every __month thereafter. One stroke. Party A shall return this Chengcheng Mortgage to Party B when the lease term is terminated or terminated.
9.4 In addition, Party B shall also pay a guarantee deposit to Party A for a total of __month of rent. According to the __ year instalment payment, the first payment is made __ months before the opening date, and every __ month after the payment. The guarantee deposit remains intact for the entire lease period, and Party B shall not use the deposit as a monthly rent or for deduction.
The guarantee deposit shall be refunded by Party A to Party B upon termination or termination of the lease term of this contract. If Party B has a debt to Party A due to its obligations under this contract, Party B may deduct the actual amount owed.
9.5 All payments due under this contract shall be paid by Party B directly to Party A's bank in Beijing.
Except for rent, sincerity deposit and guarantee deposit, the money or expenses that Party B is responsible for paying or repaying to Party A under this contract shall be paid in the corresponding currency used by Party A for such payment or expense.
If Party A knows that Party B has violated the provisions of this contract or has not fulfilled the obligations stipulated in this contract or part of this contract, the rent or other payment that Party B still accepts shall not be considered as a waiver of the right to pursue such breach of contract. .
9.6 All payments due to Party B in accordance with this Article 9 or this Contract shall be paid in full and shall not be deductible of any nature.
9.7 Both parties bear their respective taxes.
Article 10
10.1 The heating and air-conditioning costs specified in Article 7.1 will be charged by Party A to Party B at the cost price in the form of purchase price + loss rate + labor cost + other expenses.
10.2 The expenses incurred in each month mentioned in Article 7.1 shall be paid by Party B to Party A within __ working days of the next month.
10.3 The parties agree that Party A cannot control any of the services mentioned earlier in Article 10 or if it is caused by fire, flood or other force majeure because of any necessary repairs and maintenance of any device or instrument. Reasons or other sinister conditions or inevitable shortage of fuel, materials, water, gas, electricity, labor, or any behavior of any customer, waiter, guard or other service personnel of Party B, dereliction of duty or negligence Party A shall not be responsible for any damage or damage caused by the intention; Party B shall not pursue Party A's responsibility.
Chapter V Use, Sublease, Transfer of Rights
Article 11
11.1 Except for the integrated operation of the shopping mall and the wholesale department, Party B shall not use the rental house for any other purpose. Without the prior written permission of Party A, Party B shall not convert or convert part or all of the rental house to another. It is expressly agreed that Party A shall have the right to immediately increase the rent or force Party B to terminate such unauthorized use without the prior written permission of Party A during the lease period. At the same time, Party B shall compensate Party A for any loss and damage suffered by Party A due to such unauthorized use.
11.2 Without the prior written consent of Party A, Party B shall not transfer or sublet the rental house or any part to any third party. Party A has the right to make a decision to increase the rent and increase the rent; the amount of increase is at least 50% of the difference between the fixed rent and the third party due to such transfer, sublet or occupation, and the amount paid to Party B. If Party A agrees to such behavior, Party B shall be responsible for all actions or actions of the third party, whether or not it is Party B’s own fault or negligence.
11.3 If Party B violates the provisions of Section 11.2, Party A has the right to request Party B to immediately complete and make up for such breach as soon as possible, but no matter how long it should be no later than one month after the request is made.
11.4 Neither party may assign or pledge all or part of the rights or obligations of this contract to a third party without the written permission of the other party.
Chapter VI Daily Management
Article 12
After notifying Party B, Party A, Party A’s representative or its authorized agent, employee or contractor shall have the right to inspect and/or modify or repair it at any time, or if Party A considers the construction of the rental house It is necessary to operate and maintain the object or equipment or equipment, and to allow future tenants to enter the rental house for viewing during the last six months of the lease period. Party B shall have the right to dispatch its employees to cooperate with Party A in respect of the above actions.
Chapter VII Modification of the Contract
Article 13
Any modification to this contract shall be subject to the consent of both parties and shall be made in writing and approved by the relevant department, otherwise it shall be invalid.
Chapter VIII Contract Default, Suspension
Article 14
14.1 The parties are bound by the special terms specified in this contract. If either party violates any of the terms of this contract, Yan may not perform or partially perform its obligations under the contract, and the other party has the right to use the registration. The letter informs the other party that it has defaulted. Unless the defaulting party takes satisfactory remedies within two weeks, the other party requesting remedy shall have the right to claim damages and damages.
14.2 In accordance with this contract, if any payment due by any party is due and unpaid, the party shall bear the monthly interest of 1% of the total late payment from the date of payment to the settlement date. If the amount has not been paid for more than three months, the monthly interest rate of the outstanding amount should be increased to 1.5%.
14.3 Party A or its agent, representative or employee shall not be liable for the damage of property of Party B or other persons' property that has been entrusted to Party B or its employees or agents; nor to the tenants or third parties of the Center It is the responsibility of any damage or personal injury caused during the operation or construction of the center. Unless such damage or personal injury is caused by Party A’s negligence, negligence or other intentional acts controlled by Party A.
Article 15
Both parties are bound by the specific terms specified in this contract, if either party is affected by force majeure such as earthquakes, storms, floods, fires or other natural disasters, plagues, wars, riots, chaos, public disturbances, acts of public enemies, Prohibition by the government or public authorities, labor disputes or other uncontrollable and unforeseen events of both parties. If such incidents are unpreventable and avoidable, and the obligations under this contract cannot be fulfilled, the impediment party shall, if possible, The other party shall notify the other party in writing within 8 days after the occurrence of such force majeure event, and shall provide the details of the incident and the certificate signed by the relevant department and an explanation that cannot fulfill all of its obligations under this contract within 15 days. Or part of the obligation statement.
In the event of a force majeure event, neither party is liable for any damage, cost increase or loss suffered by the other party due to failure to perform or delay performance. The party claiming to have encountered a force majeure event shall take appropriate measures to reduce or eliminate the effects of the force majeure event and strive to re-fulfill the force majeure event in the shortest possible time.
Through negotiation, both parties shall decide whether to modify or suspend this contract based on the degree of influence of force majeure on contract performance.
Article 16
This contract may be suspended in the following manner before the expiration of the following circumstances:
If Party B fails to pay the rent within the time limit, sincerity mortgage or guarantee deposit, Party A has the right to suspend this contract in addition to the right to claim the claim.
If a party is executed or is required to perform bankruptcy or other similar procedures or actions, the other party may immediately terminate the contract.
If the rental house is damaged or seriously damaged and its use is seriously damaged, if Party A fails to repair or replace it within a reasonable time, Party B may notify Party A to terminate the contract two weeks in advance.
In the event of a force majeure event as specified in Article 15, the contract may be suspended in accordance with that provision.
The parties hereby agree that no party may suspend this contract except for the reasons for suspension as provided in Article 16.
Article 17
When the contract expires or is suspended in advance, Party B shall, when it expires or suspends, withdraw its belongings out of the rental house and return the rental house to Party A, including all fixtures and without notice and request without unreasonable delay. device. These devices and equipment should be as good as the start of the lease, with the exception of natural wear and natural damage. Upon the expiration or early termination of this contract, Party B shall compensate Party A for all losses, damages and expenses suffered by Party A due to unreasonable delay, including Party A’s unreasonable delay in failing to return the possession of the rental house to Party A on time. Any loss or damage suffered by any subsequent tenant, or any other third party, by claiming this.
Article 18
Within the scope permitted by Chinese law and the consent of the relevant authorities, if either party believes that the Party B store should be jointly operated for the benefit of both parties or to make arrangements for further cooperation, the party and the other party should discuss the matter; unless the parties Otherwise, any agreement reached between the parties is invalid.
Chapter IX Language, Law and Arbitration
Article 19
This contract is written in both Chinese and English, and both languages are equally effective.
Article 20
The legality and interpretation of this contract, as well as the settlement of disputes arising in or in connection with the execution of the contract, shall be governed by the laws promulgated by the People's Republic of China.
Article 21
21.1 In the process of implementing this contract, if there is a dispute or a dispute related to this contract, the two parties should first try to resolve it through friendly negotiation. If it cannot be resolved through friendly negotiation, then either party has the right to submit the dispute to Beijing, China. The International Economic and Trade Arbitration Commission conducts arbitration in accordance with the rules of the Commission. Any ruling made is a final ruling and binding on both parties. The arbitration fee shall be borne by the losing party.
21.2 In the course of arbitration, this contract shall continue to be executed except for disputed matters.
Chapter 10 Effectiveness of the Contract
Article 22
If both of the following conditions are met, the contract shall take effect:
-- Both parties sign this contract;
-- This contract has been approved by the relevant higher authorities.
Chapter 11 Others
Article 23
The following attached files are part of this contract:
A1 Party A's business license
A2 Party B's business license
Description of B1, B2 and B3 rental housing
C standard description
The first contract basis and leased items
Party A shall, according to the approval of Party B's superior authority ____ and according to the requirements of Party B's lease power of attorney, rent ____ to lease to Party B for use. The names, specifications, models, quantities and locations of the leased items are detailed in items 1 and 5 of the Schedule to this contract, which is an integral part of the contract.
Article 2 Ownership of the leased item
1. During the lease term, the ownership of the leased items listed in the Schedule belongs to Party A. Party B has only the right to use the leased item and has no ownership. Party B shall not sell, transfer, sublease, mortgage or take any other infringement of the ownership of the leased item during the lease term.
2. After the lease expires, Party A may agree to Party B to renew the lease or sell the leased item to Party B at the nominal price listed in item 11 of the Schedule. The nominal price is paid in conjunction with the last rent. After the nominal price has been cleared, the ownership of the leased item will be transferred to Party B.
Article 3 Calculation and payment of rent
1. The rent is calculated on the basis of the total cost of the leased item. The total cost of the leased item includes the price of the leased item, sea freight, insurance and financing interest, and bank charges. The total cost is the total amount of all the above amounts and expenses paid by Party A in foreign exchange and RMB.
2. When the rent is paid in US dollars:
Party B shall, within 30 days after signing this contract, transfer the amount of USD required for the contract to the US dollar amount account of Party A's Bank of China Head Office in the form of bank transfer.
The rent is denominated in the same currency as A. On the day of each payment of rent to foreign countries, the exchange rate of the Bank of China is converted into US dollars, and settled with Party B at the internal settlement price of the trade. Party B pays the rent in RMB, and Party A collects it from Party B through the People's Bank of China.
3. When the rent is paid directly in foreign currency:
The rent is denominated and paid in the same currency as the leased or purchased leased item.
The rent for each period shall be directly transferred by Party B to the account of Party A's sales department of Bank of China Head Office within the prescribed payment date.
US dollar account number: ____; yen account number: ____; German mark account number: ____.
4. When the rent is paid in US dollars:
The rent is denominated in the same currency as A. On the day of each payment of rent to foreign countries, the exchange rate of the Bank of China is converted into US dollars, and the Bank of China adjusts the US dollar price to settle with Party B.
Party B pays the rent in RMB, and Party A collects it from Party B through the People's Bank of China.
Article 4 Changes in rent and interest on fines
1. During the lease term, Party A shall notify Party B in writing of such changes and propose new actual rents due to changes in the taxation and tax rate of the government or the exporting country of the government.
2. If the total cost of the leased item does not match the estimated rent, Party A shall notify Party B of the actual rent amount in writing after the leased item has been delivered, and Party B shall make the corresponding change to the estimated rent. Party B acknowledges the change.
3. When Party B delays the payment of rent, Party A will calculate the interest of the three-thousandths of the deferred amount on the daily basis according to the deferred payment time.
Article 5 Delivery and Acceptance of Leased Articles
1. The leased item shall be delivered by Party A to Party B at the port of discharge listed in item 4 of the Schedule. Party A shall not be liable for delays in the delivery of leased items due to government law, force majeure and delayed transportation, unloading, customs declaration, etc. that are not the responsibility of Party A.
2. After the leased item arrives at the installation or use location, Party B shall inspect the leased item within 30 days, and at the same time, hand over the acceptance receipt of the leased item after the receipt and seal to Party A.
3. If Party B fails to accept the inspection according to the time specified in the preceding paragraph, Party A shall consider that the leased item has been inspected and completed by Party B in the complete state, and Party B has deemed that Party B has delivered the acceptance receipt of the leased item to Party A.
4. If Party B finds that the type, specification, quantity and technical performance of the leased item are inconsistent, unfavorable or defective during the acceptance, Party B shall obtain the commodity inspection certificate from China Commodity Inspection Bureau within 90 days after receiving the goods. The above situation shall be immediately notified to Party A in writing. Party A shall assist Party B in making representations and handling claims and other matters in accordance with the relevant provisions stipulated in the purchase agreement signed with the seller.
Article 6 Quality Assurance and Accident Handling.
1. The quality assurance conditions of the leased item are in conformity with the quality assurance conditions in the purchase agreement signed between Party A and the seller. If the quality problem occurs during the quality assurance period is the responsibility of the seller, Party A agrees to transfer the claim right specified in the purchase agreement to Party B and assist Party B in handling the claim. When the seller is required to send someone to China, Party A is responsible for handling the procedures for inviting foreign businessmen to come to China.
2. During the lease term, Party B shall bear full liability for the loss of the leased item due to Party B’s liability accident.
3. In the event of any of the above, the continued execution and effectiveness of this contract will not be affected.
Article 7 Use, repair, maintenance and cost of leased items
1. The leased item is used by Party B during the lease term. Party B shall be responsible for daily maintenance and maintenance, keep the equipment in good condition, and bear all the expenses incurred.
2. Party B shall bear full responsibility for the loss of the third party in the course of installation, storage, use, etc.
3. Party B shall bear all expenses and taxes incurred during the installation, storage and use of the leased items.
Article 8 Damage and destruction of leased objects
1. Party B shall bear the risk of damage and loss of the leased items that occurred during the lease term.
2. In the event of damage or loss of the leased item, Party B shall immediately notify Party A. Party A may choose one of the following methods to be handled by Party B and bear all expenses:
Restoring or repairing the leased item to a fully functional state;
Replace the parts and accessories of the same model and performance as the rental items so that they can be used normally;
When the leased item is lost or damaged to the extent that it cannot be repaired, Party B shall compensate Party A according to the predetermined amount of loss specified in item 9 of the Schedule.
Article 9 Insurance of leased items
1. When FOB or C&B conditions are delivered, Party A shall handle the import transportation insurance procedures for the leased items.
2. The leased item shall be insured by the People's Insurance Company of China from the date of shipment to the place where Party B is installed or used to cope with the risk of damage to the leased item caused by natural disasters.
3. During the lease period, if an insurance accident occurs, Party B shall immediately notify Party A and the People's Insurance Company of China in the local branch office, and provide Party A with the inspection report and relevant information, and Party A shall make a claim against the People's Insurance Company of China.
The insurance premiums of this article are included in the total rent and paid in foreign currency, which shall be borne by Party B.
The amount payable by Party B to Party A in accordance with Article 8 may be reduced or exempted from the insurance compensation.
Article 10 Lease Deposit
1. Upon the signing of this contract, Party B shall pay Party A the lease security as stipulated in Item 8 of the Schedule as a guarantee for the performance of this contract.
2. The lease deposit is not subject to interest and is returned to Party B or all or part of the last lease at the end of the lease term.
3. If Party B violates any of the terms of this contract, Party A will deduct the amount that Party B should pay to Party A from the lease deposit.
Article 11 Dealing with breach of contract
1. Except for the provisions of Article 4 of this contract, neither party may change or cancel the contract in the middle without the written consent of the other party. Any violation of this contract by any party will be handled in accordance with the relevant provisions of the Economic Contract Law of China.
2. If Party B does not pay rent or violates any of the terms of this contract, Party A has the right to take the following measures:
Party B is required to pay all or part of the rent and other expenses in a timely manner.
The contract shall be terminated, the leased item shall be recovered or required to be returned, and Party B shall be required to compensate Party A for the loss.
3. Before the leased item is delivered, Party B shall be responsible for compensation for all losses caused to Party A by Party B in violation of this contract.
Article 12 Economic guarantee
Party B entrusts ____ to be the economic guarantor of Party B's contract. No matter what happens, Party B will not pay the rent in accordance with the requirements of the Schedule to this contract. Party B's economic guarantor will pay Party B in accordance with Article 15 of the Economic Contract Law. The rent owed.
Article 13: Settlement of disputes
1. All disputes concerning this contract, the economic guarantors of Party A and Party B and Party B shall first be resolved in accordance with the relevant provisions of China's Economic Contract Law and other regulations. If it cannot be resolved, it will be submitted to the relevant economic court.
2. The purchase agreement or lease contract signed between Party A and the foreign party requires the information provided by Party B at the time of arbitration and assists Party A in making representations.
Article 14 Attached files of this contract
The sub-file of this contract is an integral part of this contract and has the same legal effect as the body of this contract.
Attached files of this contract:
Lease contract schedule;
Lease order and schedule;
Lease equipment confirmation;
A copy of Party A's purchase agreement, agreement number: ____;
Party B leases the repayment guarantee and repayment plan.
Article 15 Others
1. The original of this contract is in duplicate, and it shall take effect after the signature and seal of both parties, and each party shall hold one original. A copy of the contract must be held by the two parties, except for the holder of the economic guarantee of Party B.
2. Any modification, supplement or change to the contents of this contract shall be in writing and shall become effective upon the official seal of both parties. The modification and alteration of this contract shall be regarded as an integral part of this contract.
Party A: ____ Manager: ____ Salesperson: ____ Party B: ____ Representative: ______ Year __月__日
Lease contract
Chapter 1 Contractual parties
Article 1, Article 2, Article 3
Chapter II Rental Housing
Article 4
4.1 Party A agrees to lease to Party B, and Party B agrees to lease to Party A the house determined by the affiliated file B “Rental House Icon” agreed by both parties in this contract. The rental building is consistent with the initial design and is consistent with the as-built drawings and is consistent with the terms of this contract. Party A will provide the construction drawings to Party B.
4.2 If, due to the requirements of the Chinese government or building technology, the design of the rental building is compared with the original design, the Party A changes the construction of the rental house and/or the last completed rental house, as long as these changes do not change according to this contract. The use of the prescribed rental housing provides the corresponding decoration and equipment, and the parties agree to the changes as long as such changes do not cause significant changes to the actual area of use. In this case, both parties shall continue to be bound by all the terms of this contract, and Party B agrees not to make any claims or other claims against these changes.
4.3 The interior and exterior decoration of the building of the rental house shall be designed and implemented by Party A at its own expense according to the standard description of the construction agreement between Party A and the contractor of the rental building. Party B's request for any changes to the subsidiary file C shall be approved in writing by Party A, and any expenses incurred therefrom shall be borne by Party B.
Article 5
5.1 Both parties hope that the construction of the building where the rental house is located will be carried out at the normal construction speed, so that it can be completed and delivered on __Year__月__ or other date notified by Party A within __ business days after the conclusion of the construction contract. use. Party A shall notify Party B in writing __ months in advance of the date on which the lease of the leased house shall be effective according to the terms of this contract, but the rental house shall have been received by Party A from the contractor before the opening date. The other date notified by Party A to Party B shall be earlier than or later than __ business days than __Year__月__日. If the "opening date" exceeds __year__month__day or the other specified date __ business days above, Party A shall compensate Party B for any reasonable actual expenses incurred as a result of such overdue.
Rental housing should be considered deliverable when the building is basically completed.
5.2 After __ days of the “opening date”, both parties shall sign a handover protocol to confirm the normal transfer of the rental house and indicate which defects are found to be responsible by Party A.
5.3 When the rental house is suitable for entry for the purposes specified in Clause 5.3, Party B shall arrange for the installation of the mobile device or other necessary items within __ business days prior to the “opening date”. The right to enter any part of the rental house, provided that Party B sends a letter of approval to Party A in advance to confirm that it fully accepts this part of the rental house that Party B considers to be in good condition and satisfactory; the certificate shall be binding on Party B; Both parties shall be solely responsible for all damages or losses or personal injury caused by their respective actions or omissions or by such agents, contractors or employees.
Chapter III Responsibilities of Both Contracts
Article 6
Party A shall be responsible for:
6.1 Construction of the rental housing is completed and completed as follows:
- the structure of the building that completed and completed the rental of the house;
-- Install interior and exterior fittings and equipment in accordance with the standard instructions specified in Appendix C, including a prefabricated, accessible, two-temperature cold storage. Install necessary water supply and drainage, gas, electricity, heating, air conditioning, elevators, escalators, automatic fire-fighting, telecommunications facilities, as well as air-conditioning for CCTV and computer systems, building management systems and necessary installations for the relevant offices.
All costs and expenses for such construction and installation are borne by Party A.
6.2 Provide reasonable expenses incurred by Party B when installing the rental house anti-theft system. The condition is that the fee provided can only be paid according to the legal invoice of such expenses submitted by Party B, and Party A’s total payment does not exceed RMB ____. Party B has the right to install the anti-theft system, provided that such installation does not affect the structure of the rental house.
6.3 Install water, electricity, gas, heating and air-conditioning facilities and provide telecommunications facilities for rental houses in accordance with the provisions of Attached File C.
6.4 Maintenance of heating and air conditioning systems for rental houses, elevators, escalators, fire alarms, mechanical systems for fire protection systems. Party A shall bear the expenses for such maintenance. Party A has its own exclusive power to carry out such maintenance work, and also has the power to entrust a reputable subcontractor to carry out such maintenance, no matter in any way, because of such maintenance. All costs and expenses incurred shall be borne by Party A.
6.5 Keep the building and structure of the rental building and the common area of the first floor and the rental basement in good repair condition, allowing Party B's customers to use the open parking lot.
6.6 Collect Party B's rent, sincerity deposit and guarantee deposit and other fees payable by Party B under this contract.
6.7 Guarantee not to operate in the building nor to allow any third party to operate a store similar in nature to Party B.
6.8 According to the conditions agreed by both parties, provide other assistance when Party B requests the rental housing.
Article 7 Party B shall be responsible for:
7.1 Perform all of its obligations under this contract, including paying the sincerity deposit, guarantee deposit and rent, and the heating and air-conditioning costs of the rented house to Party A as scheduled. At the same time, the water, electricity and gas fees will be paid directly to the relevant departments. If not, the fees should still be paid to Party A.
7.2 Pay for your own garbage disposal fees and other related expenses as well as other public service fees that may be imposed by the Chinese government related to rental housing.
7.3 According to the terms of this contract, the rental of houses within the lease period shall be open to the public, allowing Chinese and foreign guests to enter the rental housing as customers, adopting internationally advanced service methods, and operating the rental housing into a shopping center with first-class service standards.
7.4 Arrange and install all kinds of movable equipment and furniture. All such equipment and furniture purchased by Party B shall belong to Party B. Party B shall arrange corresponding insurance at its own expense.
7.5 Protect rental houses, including buildings and equipment under normal maintenance and clean conditions, maintain sanitary conditions for rental housing, eliminate disturbing noise, and repair agents, employees, customers, guests or Any damage caused by the supplier or contractor.
7.6 Without the written consent of the Party A Architect, you may not post, scribe or write any mark on any part of the outside of the rental house, set up a light box or advertise. However, Party B’s store name and store logo do not require prior written consent, but their specifications and location should be negotiated with the architect who rented the home.
7.7 No part of the rental house or building may be demolished or destroyed or damaged in any way. No changes, additions or improvements may be made to the rental house without the written consent of Party A. By the end of the lease, Party B shall return the rental house to the original date of the opening date.
7.8 No explosives and flammable or toxic materials shall be brought into or stored in a rental house without the prior written consent of Party A.
7.9 Do not install any vibration or noise that may exceed the limits of the relevant environmental protection regulations, or exceed the design load associated with the rental house or the risk of causing the rental house to cause fire or increase the fire of the building, or change the building. Insured rate instruments, machines or equipment, or any other items that are hazardous to or affect the rental of the home.
7.10 Do not use any gas or electrical appliances that exceed the existing pipeline.
7.11 No objection or interference shall be raised against the use, operation, management or lease of any part of the building that is not covered by this contract.
7.12 Arrange and implement fire prevention and arrangements for security measures in rental housing.
7.13 If Party A has a fire accident or any other emergency in the rental building, or if the rental house or any of its fixtures and equipment is found to be defective, notify Party A immediately.
7.14 In case of a request from Party A for the rental of the house, the Party shall provide assistance in accordance with the conditions agreed by both parties.
Chapter IV Lease Term, Rent, Deposit and Other Service Fees
Article 8
8.1 The lease term is calculated as __year from the “opening date”. The lease term may be extended by a written agreement between the parties. Any party wishing to extend the lease term must notify the other party in writing of its intention to extend the time limit.
8.2 Opening Date __ Years, when one party receives written notice from the other party one month in advance, both parties agree to evaluate and discuss the terms and implementation of this contract and the lease. However, the contract may not be modified without the written consent of both parties; this contract is still binding on both parties without such modification.
Article 9
9.1 The total amount of rent for rental housing is ____.
The rent is paid monthly. The rent for each calendar month shall be paid in the relevant part of the month when the opening date of Party A is paid on the 15th of the month and shall be paid in the rent for the next month.
The rent paid by Party B to Party A shall be paid in the form of RMB foreign exchange certificates according to the exchange rate of RMB and foreign currency announced by the State Administration of Foreign Exchange on the date of rent payment. The payment of the sincerity deposit and the guarantee deposit paid in accordance with 9.3 and 9.4 are also calculated and paid in the same way.
9.2 The rent in the contract shall be adjusted and increased in accordance with the ratio specified in Annex A.
9.3 In addition, Party B shall pay Party A a sincerity deposit with a total amount of __month rent. The deposit shall be paid in installments in installments, the first payment shall be made __ months before the opening date, and every __month thereafter. One stroke. Party A shall return this Chengcheng Mortgage to Party B when the lease term is terminated or terminated.
9.4 In addition, Party B shall also pay a guarantee deposit to Party A for a total of __month of rent. According to the __ year instalment payment, the first payment is made __ months before the opening date, and every __ month after the payment. The guarantee deposit remains intact for the entire lease period, and Party B shall not use the deposit as a monthly rent or for deduction.
The guarantee deposit shall be refunded by Party A to Party B upon termination or termination of the lease term of this contract. If Party B has a debt to Party A due to its obligations under this contract, Party B may deduct the actual amount owed.
9.5 All payments due under this contract shall be paid by Party B directly to Party A's bank in Beijing.
Except for rent, sincerity deposit and guarantee deposit, the money or expenses that Party B is responsible for paying or repaying to Party A under this contract shall be paid in the corresponding currency used by Party A for such payment or expense.
If Party A knows that Party B has violated the provisions of this contract or has not fulfilled the obligations stipulated in this contract or part of this contract, the rent or other payment that Party B still accepts shall not be considered as a waiver of the right to pursue such breach of contract. .
9.6 All payments due to Party B in accordance with this Article 9 or this Contract shall be paid in full and shall not be deductible of any nature.
9.7 Both parties bear their respective taxes.
Article 10
10.1 The heating and air-conditioning costs specified in Article 7.1 will be charged by Party A to Party B at the cost price in the form of purchase price + loss rate + labor cost + other expenses.
10.2 The expenses incurred in each month mentioned in Article 7.1 shall be paid by Party B to Party A within __ working days of the next month.
10.3 The parties agree that Party A cannot control any of the services mentioned earlier in Article 10 or if it is caused by fire, flood or other force majeure because of any necessary repairs and maintenance of any device or instrument. Reasons or other sinister conditions or inevitable shortage of fuel, materials, water, gas, electricity, labor, or any behavior of any customer, waiter, guard or other service personnel of Party B, dereliction of duty or negligence Party A shall not be responsible for any damage or damage caused by the intention; Party B shall not pursue Party A's responsibility.
Chapter V Use, Sublease, Transfer of Rights
Article 11
11.1 Except for the integrated operation of the shopping mall and the wholesale department, Party B shall not use the rental house for any other purpose. Without the prior written permission of Party A, Party B shall not convert or convert part or all of the rental house to another. It is expressly agreed that Party A shall have the right to immediately increase the rent or force Party B to terminate such unauthorized use without the prior written permission of Party A during the lease period. At the same time, Party B shall compensate Party A for any loss and damage suffered by Party A due to such unauthorized use.
11.2 Without the prior written consent of Party A, Party B shall not transfer or sublet the rental house or any part to any third party. Party A has the right to make a decision to increase the rent and increase the rent; the amount of increase is at least 50% of the difference between the fixed rent and the third party due to such transfer, sublet or occupation, and the amount paid to Party B. If Party A agrees to such behavior, Party B shall be responsible for all actions or actions of the third party, whether or not it is Party B’s own fault or negligence.
11.3 If Party B violates the provisions of Section 11.2, Party A has the right to request Party B to immediately complete and make up for such breach as soon as possible, but no matter how long it should be no later than one month after the request is made.
11.4 Neither party may assign or pledge all or part of the rights or obligations of this contract to a third party without the written permission of the other party.
Chapter VI Daily Management
Article 12
After notifying Party B, Party A, Party A’s representative or its authorized agent, employee or contractor shall have the right to inspect and/or modify or repair it at any time, or if Party A considers the construction of the rental house It is necessary to operate and maintain the object or equipment or equipment, and to allow future tenants to enter the rental house for viewing during the last six months of the lease period. Party B shall have the right to dispatch its employees to cooperate with Party A in respect of the above actions.
Chapter VII Modification of the Contract
Article 13
Any modification to this contract shall be subject to the consent of both parties and shall be made in writing and approved by the relevant department, otherwise it shall be invalid.
Chapter VIII Contract Default, Suspension
Article 14
14.1 The parties are bound by the special terms specified in this contract. If either party violates any of the terms of this contract, Yan may not perform or partially perform its obligations under the contract, and the other party has the right to use the registration. The letter informs the other party that it has defaulted. Unless the defaulting party takes satisfactory remedies within two weeks, the other party requesting remedy shall have the right to claim damages and damages.
14.2 In accordance with this contract, if any payment due by any party is due and unpaid, the party shall bear the monthly interest of 1% of the total late payment from the date of payment to the settlement date. If the amount has not been paid for more than three months, the monthly interest rate of the outstanding amount should be increased to 1.5%.
14.3 Party A or its agent, representative or employee shall not be liable for the damage of property of Party B or other persons' property that has been entrusted to Party B or its employees or agents; nor to the tenants or third parties of the Center It is the responsibility of any damage or personal injury caused during the operation or construction of the center. Unless such damage or personal injury is caused by Party A’s negligence, negligence or other intentional acts controlled by Party A.
Article 15
Both parties are bound by the specific terms specified in this contract, if either party is affected by force majeure such as earthquakes, storms, floods, fires or other natural disasters, plagues, wars, riots, chaos, public disturbances, acts of public enemies, Prohibition by the government or public authorities, labor disputes or other uncontrollable and unforeseen events of both parties. If such incidents are unpreventable and avoidable, and the obligations under this contract cannot be fulfilled, the impediment party shall, if possible, The other party shall notify the other party in writing within 8 days after the occurrence of such force majeure event, and shall provide the details of the incident and the certificate signed by the relevant department and an explanation that cannot fulfill all of its obligations under this contract within 15 days. Or part of the obligation statement.
In the event of a force majeure event, neither party is liable for any damage, cost increase or loss suffered by the other party due to failure to perform or delay performance. The party claiming to have encountered a force majeure event shall take appropriate measures to reduce or eliminate the effects of the force majeure event and strive to re-fulfill the force majeure event in the shortest possible time.
Through negotiation, both parties shall decide whether to modify or suspend this contract based on the degree of influence of force majeure on contract performance.
Article 16
This contract may be suspended in the following manner before the expiration of the following circumstances:
If Party B fails to pay the rent within the time limit, sincerity mortgage or guarantee deposit, Party A has the right to suspend this contract in addition to the right to claim the claim.
If a party is executed or is required to perform bankruptcy or other similar procedures or actions, the other party may immediately terminate the contract.
If the rental house is damaged or seriously damaged and its use is seriously damaged, if Party A fails to repair or replace it within a reasonable time, Party B may notify Party A to terminate the contract two weeks in advance.
In the event of a force majeure event as specified in Article 15, the contract may be suspended in accordance with that provision.
The parties hereby agree that no party may suspend this contract except for the reasons for suspension as provided in Article 16.
Article 17
When the contract expires or is suspended in advance, Party B shall, when it expires or suspends, withdraw its belongings out of the rental house and return the rental house to Party A, including all fixtures and without notice and request without unreasonable delay. device. These devices and equipment should be as good as the start of the lease, with the exception of natural wear and natural damage. Upon the expiration or early termination of this contract, Party B shall compensate Party A for all losses, damages and expenses suffered by Party A due to unreasonable delay, including Party A’s unreasonable delay in failing to return the possession of the rental house to Party A on time. Any loss or damage suffered by any subsequent tenant, or any other third party, by claiming this.
Article 18
Within the scope permitted by Chinese law and the consent of the relevant authorities, if either party believes that the Party B store should be jointly operated for the benefit of both parties or to make arrangements for further cooperation, the party and the other party should discuss the matter; unless the parties Otherwise, any agreement reached between the parties is invalid.
Chapter IX Language, Law and Arbitration
Article 19
This contract is written in both Chinese and English, and both languages are equally effective.
Article 20
The legality and interpretation of this contract, as well as the settlement of disputes arising in or in connection with the execution of the contract, shall be governed by the laws promulgated by the People's Republic of China.
Article 21
21.1 In the process of implementing this contract, if there is a dispute or a dispute related to this contract, the two parties should first try to resolve it through friendly negotiation. If it cannot be resolved through friendly negotiation, then either party has the right to submit the dispute to Beijing, China. The International Economic and Trade Arbitration Commission conducts arbitration in accordance with the rules of the Commission. Any ruling made is a final ruling and binding on both parties. The arbitration fee shall be borne by the losing party.
21.2 In the course of arbitration, this contract shall continue to be executed except for disputed matters.
Chapter 10 Effectiveness of the Contract
Article 22
If both of the following conditions are met, the contract shall take effect:
-- Both parties sign this contract;
-- This contract has been approved by the relevant higher authorities.
Chapter 11 Others
Article 23
The following attached files are part of this contract:
A1 Party A's business license
A2 Party B's business license
Description of B1, B2 and B3 rental housing
C standard description
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