Shopping lease contract
Lessor: ××××× Group Co., Ltd.
Lessee: ×××××Food Co., Ltd.
Party C: ×××××
Ding Fang:
According to the "Contract Law of the People's Republic of China" and relevant laws and regulations, Party A and Party B shall, on the basis of equality, voluntariness, fairness and good faith, conclude by agreement that Party B may lease the shopping malls that Party A can lease according to law. This contract.
First, the status of the leased property
1-1 The shopping mall that Party A leases to Party B is the ××××× Building, which is located in the city road number. The building area of the shopping mall is ×××, which is attached to the floor plan of the mall.
1-2 Party A is the real estate right holder of the mall, and has all the legal rights, licenses and capabilities without any defects to sign this contract, and enjoy and assume the rights and obligations stipulated in this lease contract.
1-3 The following contents are listed in the attached files of Party A and Party B in the future. Party A and Party B agree that the subsidiary file shall serve as the basis for Party A to deliver the store to Party B:
The scope, conditions and requirements for the use of the common or shared parts of the mall.
Existing renovation standards, ancillary facilities and equipment status.
Party A agrees with Party B's own decoration and addition of the contents and standards of the ancillary facilities and the attribution of the ancillary facilities after the lease expires.
Other matters that both Party A and Party B believe should be agreed upon separately.
Second, the use of leased goods
2-1 Party B promises to Party A that the scope of use of the leased shopping mall is in line with Party B's business scope. If Party B's business scope is adjusted, the use of the mall may be adjusted accordingly with the written consent of Party A, but Party A promises not to lease the mall to the lessee with the same scope of business as Party B.
Third, the lease term
3-1 Unless Party A and Party B terminate the contract early in accordance with this contract, the lease term of this contract store is: from the date of the year to the day of the year, the term is the year; after the expiration of the above period, the contract continues to extend the year, that is, from the year From the date of the year to the date of the year; after the expiration of the above extension period, the contract will continue to be extended for another year, from the date of the year to the day of the month.
Fourth, rent payment
4-1 The rent of the mall is paid by installment:
4-2 Within 7 days after the signing of this contract, Party A and Party B shall pay Party A the % of the total rent for the rent, and the balance shall be paid within the month after Party A delivers the lease item.
4-3 The entry time is the date on which both Party A and Party B confirm that they can enter the decoration and Party A will issue the notice of the decoration.
V. Delivery of leased goods
5-1 Party B receives the notice of the decoration notice issued by Party A as Party A has delivered the lease item to Party B.
5-2 The conditions for the leased goods delivered by Party A shall be determined by the parties and then agreed by a supplementary agreement.
Sixth, the decoration and maintenance of the mall
6-1 Party A allows Party B to design and decorate it according to its business needs. Party B shall submit the design drawings and construction plan to Party A before the renovation, and Party A shall make a decision within a reasonable time. If the decoration of Party B involves the main structure of the shopping mall, it must be approved in writing by Party A and approved by the relevant department. Otherwise, Party B shall not conduct it without authorization.
6-2 During the lease period, Party A shall promptly repair the leased property and the facilities listed in clause 5-2 of this contract within three days after receiving the written maintenance notice issued by Party B. If Party A fails to repair in time, Party B may repair it on its behalf, and the expenses shall be borne by Party A. However, the additional facilities and equipment added by Party B shall be owned by Party B, and Party B shall bear the responsibility for maintenance.
6-3 During the lease period, Party B shall use the store and its ancillary facilities reasonably. Party B shall be responsible for the repair of the store and its ancillary facilities due to improper use or unreasonable use by Party B. If Party B does not repair, Party A may repair it on its behalf, and Party B shall bear the expenses.
7. The rights and obligations of Party A and Party C
7-1 Party A has the right to receive the rent from Party B in accordance with the contract.
7-2 Party A shall bear the income tax, property tax and other taxes and fees related to the rental malls.
7-3 During the lease term, Party A shall not interfere with Party B's operational autonomy for no reason.
7-4 During the lease term, the lease of the subject matter and the right to use the land shall not be subject to any sale or mortgage.
7-5 During the lease term, if the government withdraws the transfer of the state-owned land use right, Party A must refund the corresponding rent and bear the interest loss of Party B.
7-6 During the lease term, if the subject matter of the lease has the conditions for sale, it must be sold to Party B and a separate sale and purchase contract. The rent paid by Party B is the purchase price. No Party A or Party C may raise any objection. .
7-7 Party A shall assist Party B in handling the business procedures, taxation, planning, environmental protection, fire protection, sanitation, communication, design, construction, capacity expansion and other national declaration procedures or business licenses required for business operations, and assist Party B in providing the required approval for approval. Relevant files, drawings, materials, etc. Party A does not charge any fees for such assistance.
8. Party B’s rights and obligations
8-1 Party B shall pay the rent in accordance with the terms of this contract.
8-2 Party B is responsible for reporting and paying various taxes and fees arising from the operation.
8-3 During the lease term, Party B shall bear the costs of water, electricity, gas, air-conditioning, communication, equipment, etc. incurred in the use of the premises, and shall be calculated according to the number of independently installed watches and the standards set by the government.
8-4 Party B has complete and legal business autonomy.
8-5 Party B shall obtain the consent of Party A for the design and installation of the signboard of the mall and shall be approved by the relevant government departments.
8-6 Party B is responsible for the safety of the person and property in the mall during the lease period. The personal injury and property damage caused by any accidents occurring in the rental mall, including but not limited to fighting, fire, smoke, flooding or spillage of any material, shall be borne by Party B, but due to the rental property itself. except.
8-7 Party B shall not sublease without the written consent of Party A.
8-8 During the lease period, Party B shall obey the unified property management of the professional property management company established or hired by Party A and bear the property management fee.
9. Change and release of the contract
9-1 This Agreement may be changed by both Party A and Party B agreeing and signing a written agreement.
9-2 Without the agreement of either party, neither party has the right to terminate this contract for any reason. However, in any of the following circumstances, the breaching party has the right to terminate this contract unless the defaulting party bears the following corresponding liability for breach of contract. The contract shall be released from the date on which the written notice is issued by the observant party:
The shopping mall delivered by Party A does not comply with this contract, resulting in the inability to realize the lease.
The purpose of the store; or the store delivered by Party A is flawed, endangering the personal and property safety of Party B. In addition to returning the rent paid by Party B and bearing interest, Party A shall also bear the expenses incurred by Party B for the performance of this contract.
Party B uses the mall to engage in illegal activities.
In case of violation of the provisions of this article, the defaulting party shall bear the corresponding liability for breach of contract.
9-3 Party A and Party B agree that during the lease term, if one of the following circumstances occurs, the contract shall be terminated by itself and the parties shall not be liable for each other;
The land use right within the scope occupied by the shopping mall shall be recovered in advance according to law;
Shopping malls are legally requisitioned for social public interest or urban construction needs;
The reason for the non-Party caused the mall to be damaged or lost.
X. Liability for breach of contract
10-1 If Party A's application for decoration of Party B is not made within a reasonable time or not
If a reasonable reason rejects the application of Party B, Party A shall pay Party B a penalty of equivalent to one year's annual rent. If Party A’s actions result in Party B’s failure to fulfill the purpose of this contract, Party B shall have the right to terminate the contract, except Party A’s liability for breach of contract.
10-2 During the lease term, Party A shall not perform the maintenance and maintenance responsibilities as stipulated in this contract in time.
If the store is damaged and the property of Party B is damaged or personal injury, Party A shall be liable for compensation, except for the damage caused by Party B’s unreasonable use of the mall.
10-3 If Party A violates the assistance obligations specified in 7-7, Party A shall compensate Party B for all losses suffered by Party B.
10-4 During the lease term, if the circumstances specified in this contract or without Party A's permission, Party B cancels the rent without authorization, the rent paid has not been refunded, and Party A shall pay Party A the rent that is not due within the entire contract period. 2 times the liquidated damages.
10-5 During the lease term, if Party A Party withdraws the store without the consent of Party B, or sells the property for sale, Party B has paid the rent and interest that has not yet expired. Party A shall return it and shall pay Party B the equivalent of the whole Liquidated damages that are twice the unexpired rent during the contract period. At the same time, Party A shall also compensate for all direct and indirect losses suffered by Party B due to its breach of contract, including but not limited to all the decoration fees of Party B, the rent difference of the replacement business premises, the operating loss during the period of suspension, the legal fees and the legal fees.
10-6 Both Party A and Party B promised to waive the right to apply to reduce the liquidated damages stipulated in this contract to the arbitral institution or the court for any reason.
Eleven, other
11-1 Party A must guarantee the legality of this contract. Otherwise, in addition to returning the rent that has not yet expired and bearing the corresponding interest, Party B shall also bear the expenses incurred by Party B in fulfilling the contract and pay the liquidated damages of Party B.
11-2 Ding Fang is willing to provide guarantee for Party A's obligations under this contract.
11-3 The signing, performance, interpretation and validity of this contract shall be governed by the laws of the People's Republic of China.
11-4 If part of the terms of this contract are deemed invalid, it does not affect the legal effect of other terms of the contract.
11-5 Matters not covered in this contract may be supplemented by the agreement between Party A and Party B. If the supplementary clause is inconsistent with the provisions of this contract, the supplementary clause shall prevail.
11-6 Party A and Party C shall submit the contract between Party A and Party C related to this transaction, the certificate of real estate ownership of Party C and the documents of the relevant government departments on Party C.
11-7 If any party to this contract has a dispute arising from the performance of this contract, it shall be settled through negotiation; if the negotiation fails, the parties unanimously agree to submit it to the Hangzhou Arbitration Commission for arbitration.
11-8 This contract is in quadruplicate. Each of the four parties A, B, C and D holds one copy, and all four agreements have the same legal effect. This contract shall become effective after it has been signed and sealed by the parties to the contract.
person A person B:
Signature: Signature:
Date: Date:
Party C: Ding Fang:
Signature: Signature:
Date: Date:
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