标准厂房租赁合同(英文)

LEASE CONTRACT

FOR

STANDARD FACTORY PREMISES

BETWEEN

(PLEASE INSERT THE NAME OF THE LESSOR)

AND

(PLEASE INSERT THE NAME OF THE LESSEE)

CONCERNING

(PLEASE INSERT THE NAME OF THE STANDARD FACTORY PREMISES)

(MONTH) (DATE), (YEAR)

(PLACE), CHINA

LEASE CONTRACT FOR STANDARD FACTORY PREMISES

TABLE OF CONTENTS

1.LEASE (1)

2.TERM OF LEASE AND FIT-OUT PERIOD (1)

3.RENT AND FEES (2)

4.DELIVERY AND TAKING POSSESSION OF THE FACTORY

PREMISES (4)

5.REPAIR AND MAINTENANCE (6)

6.ALTERATION AND REBUILDING (7)

7.RETURN (8)

8.OTHER RESPONSIBILITIES AND OBLIGATIONS (8)

9.TAXES, FEES AND CHARGES (9)

10.REPRESENTATIONS AND WARRANTIES (10)

11.TERMINATION (12)

12.INSURANCE (13)

13.FORCE MAJEURE (13)

14.NOTICE (14)

https://www.360docs.net/doc/285991414.html,ERNING LAW AND DISPUTE RESOLUTION (15)

16.MISCELLANEOUS (15)

APPENDIX 1 (18)

CERTIFICATE OF BUILDING OWNERSHIP OF THE PREMISES (18)

APPENDIX 2 (19)

STATE-OWNED LAND USE RIGHT CERTIFICATE OF THE LAND (19)

APPENDIX 3 (20)

BASIC INFORMATION OF THE FACTORY PREMISES (20)

APPENDIX 4 (21)

REQUIREMENTS OF THE FACTORY PREMISES UPON DELIVERY (21)

This Lease Contract for Standard Factory Premises (hereinafter referred to as the “Contract”) is entered into by and between the following parties in (Please insert the execution place), the People’s Republic of China (the “PRC”) on (Month) (Date), (Year):

Party A (Lessor): (Please insert the name of the Lessor)

Party B (Lessee): (Please insert the name of the Lessee)

(Party A and Party B hereinafter referred to individually as the “Party” and collectively as the “Parties”.)

After full negotiation, Party A and Party B hereby enter into this Contract on the lease of the No. (Please insert the serial number) standard factory premises located in (Please insert the location):

1.LEASE

Party A hereby agrees to lease to Party B certain premises of the No. (Please insert the serial number) standard factory premises, with a construction area of (Please insert the area of the premises) square meters (the “Premises”), located in (Please insert the location), whose details are more specifically and fully described in the Building Ownership Certificate attached hereto as Appendix 1, together with the State-owned land use rights of the land (the “Land”) pertaining to the Premises with a total area of (Please insert the area of such Land) square meters (the “Land Use Right s”), which is obtained by granting (the boundary of the Land, and the nature and term of the Land Use Rights, etc. are more specifically and fully described in the State-owned Land Use Rights Certificate attached hereto as Appendix 2), and all fixtures and improved facilities currently existing on the Land, all public utilities and facilities related to the Premises and the Land (jointly referred to as the “Facilities” Facilities, together with the Premises and the Land Use Rights hereinafter collectively referred to as the “Factory Premises” in this Contract), for Party B’s use. The basic information of the Factory Premises is provided for in Appendix 3 of this Contract. Party B agrees to lease from Party A the Factory Premises.

2.TERM OF LEASE AND FIT-OUT PERIOD

Party B hereby leases the Factory Premises from Party A for a period of (Please insert the number) months (the “Term of Le ase”). Unless otherwise provided hereinafter, the Term of Lease shall commence on (Month) (Date), (Year) and expire on (Month) (Date), (Year). (Month) (Date), (Year) shall be the commencement date of the lease.

Party A agrees to provide Party B with no less than (Please insert the number) months as the fit-out period before the commencement date of the lease (the “Fit-out Period”).The fit-out period shall

commence on the next day of the date on which Party A delivers the Factory Premises to Party B in accordance with Article 4 hereof (“Commencement Date of the Fit-out Period”).

Party B is entitled to request renewal the lease of the Factory Premises (“R enewal”) with a notice to Party A in writing no later than (Please insert the number) months prior to the expiration of the Term of Lease. Under such circumstances, the Parties shall discuss and confirm the rent for the renewed term in accordance with the stipulation concerning the mark up of the rent for the renewed term as provided in Section 3 of Article 3 of this Contract. If the Parties reach a consensus of the rent for the renewed term, the Parties shall sign a renewal contract with the same terms and conditions hereof (except for the rent and the term of the lease), unless the Parties may agree otherwise.

3.RENT AND FEES

3.1Unless this Contract is early terminated, and provided that Party A permits Party B to occupy

and use the Factory Premises, Party B shall pay Party A the occupation fee of the Factory Premises during the fit-out period (“Factory Premises Occupation Fee”) and the Rent during the Term of Lease.

3.2The Factory Premises Occupation Fee and the Rent during the Term of Lease shall be

calculated as follows.

(a)The Factory Premises Occupation Fee shall be: (Please insert the amount of such Fee

or the formula to calculate such Fee);

(b)Rent of the Factory Premises during the Term of Lease (“Rent”) shall be: (Please

insert the amount of such Rent or the formula to calculate such Rent);

3.3Upon the expiry of the Term of Lease, if Party B requests to renew the lease, the Parties may

discuss adjustment to the Rent according to the then fair market rate and actual conditions of the Factory Premises. Upon Party A’s consent, however, the mark up of the total rent for the renewed term shall in no event exceed (Please insert the stipulated mark up) percent of the Rent provided in Section 2 (2) of Article 3 of this Contract, viz. total Rent of the Factory Premises shall not exceed USD (Please insert the amount of such total Rent)/month during the renewal term.

3.4Both the Factory Premises Occupation Fee and the Rent shall be settled on a quarterly basis.

If the expiry date of the fit-out period is a date other than the last day of a calendar quarter, the Factory Premises Occupation Fee and the Rent payable by Party B to Party A shall be the sum of the Factory Premises Occupation Fee and the Rent payable for such a calendar quarter, which are, respectively, calculated on a pro-rata basis based on the actual number of days of

the fit-out period, for the Factory Premises Occupation Fee, and the term of lease, for the Rent, within such a calendar quarter. The Factory Premises Occupation Fee or the Rent or the total amount of the Factory Premises Occupation Fee and the Rent for each calendar quarter shall be paid before the twentieth (20th) day of the second month of each quarter following the Commencement Date of the Fit-out Period. If the Commencement Date is a date other than the first day of a calendar quarter, or the termination date of the Term of Lease is a date other than the last day of a calendar quarter, the Factory Premises Occupation Fee or the Rent for the first and the last quarter shall be prorated on a daily basis and paid respectively on or before the last day of the first and the last quarter.

3.5Party B shall pay the Factory Premises Occupation Fee and the Rent by cash or check-only-

for-account. Within three (3) days of receipt of the payment from Party B, Party A shall issue to Party B an official receipt which complies with financial regulations and requirements stipulated in the tax law.

3.6Within three (3) days from Party A’s delivery of the Factory Premises to Party B, Party B

shall pay an amount equal to three (3) month’s Rent without any deduction to Party A in advance as deposit (the “Deposit”) for Party B to perform the Contract. The Deposit shall not bear interests to Party B. Upon the expiration of the Term of Lease or earlier termination, the Deposit shall be returned to Party B pursuant to the provisions of this Contract after deducting all amounts payable and unpaid by Party B.

3.7In the event that Party B delays to pay the Factory Premises Occupation Fee and/or the Rent,

Party A may demand a penalty from Party B in an amount equal to (Please insert the rate of such penalty) (__%) of the overdue amount of the Factory Premises Occupation Fee and/or the Rent on daily basis. Party B, however, is not responsible for such penalty if such overdue is not attributable to Party B.

3.8Party B shall bear all the fees and charges arising from its use of public utilities of the

Factory Premises during the Term of Lease.

3.9The Parties hereby acknowledge that Factory Premises Occupation Fee and the Rent payable

by Party B to Party A hereunder shall be all the payment payable by Party B to Party A in connection with and for the lease of the Factory Premises hereunder, and, unless expressly provided otherwise hereunder, Party B shall not be required to and not be obligated to pay any other fees or charges to Party A for the lease of the Factory Premises hereunder, nor shall Party B bear any other liabilities in connection with the Factory Premises.

3.10Any account hereunder shall be paid in RMB. In the event that any account is calculated in

USD, it shall be converted into RMB according to intermediate exchange rate of RMB

against USD posted by the People’s Bank of China on (Please insert the date) of the then current month.

4.DELIVERY AND TAKING POSSESSION OF THE FACTORY PREMISES

4.1Possession

Both Parties hereby agree that Party B shall have the right to take possession of the Factory Premises on the Commencement Date of the Fit-out Period, and take exclusive possession of the Factory Premises for the Fit-out Period and the Term of Lease, thereby permitting Party B

a full and unrestricted 24-hour use of the Factory Premises.

4.2Preparation of the Factory Premises

Prior to Party B’s possession of the Factory Premises, Party A shall, at its own cost, prepare the Factory Premises so that Party B is able to make a full and proper use thereof for the purposes of this Contract. Party A shall, in particular, ensure that, prior to or on the date of Party B’s possession of the Factory Premises pursuant to this Contract:

(a)The construction of the Factory Premises has been completed and passed the

completion acceptance in accordance with (Please insert the construction standards).

The basic outfits are as follows:

(Please insert the particulars for such basic outfits).

The Parties agree that, in case the basic outfits of the Factory Premises set forth in this Section 2(1) are in conflict or have discrepancies with those set forth in Appendix 3 and Appendix 4 hereof, those of a higher requirement shall prevail.

(b)The Factory Premises shall have elec tricity and water supply facilities for Party B’s

production and business operation. The diameter of pipe of water supply shall be

(Please insert the number) mm, the diameter of water meter shall be (Please insert the

number) mm and the box-style transformer substation shall have a capacity of (Please

insert the number) KVA. The electricity wiring system of the Factory Premises shall

be safe and comply with the standards stipulated in the relevant PRC laws and

regulations with the electricity circuit of the Factory Premises separate from that of

other buildings. All the abovementioned facilities shall be in a good condition and

shall fully comply with all relevant State and local laws and regulations of the PRC.

(c)The Factory Premises shall comply with all the relevant safe standards, structurally

sound without leakage or any other damage.

(d)The Factory Premises shall have fire protection facilities in compliance with the laws

and regulations and the requirements of the fire protection department.

(e)Sewage (wastewater) central processing system has been established by (Please

insert the place where the Factory Premises is located). Party B may discharge

sewage or waste water possibly created during the process of its production and daily

operation to the sewage central processing system that satisfy the minimum

discharging standard required by the aforesaid sewage central processing system.

Party A ensures that the process of sewage or waste water by the sewage central

processing system complies with all applicable State and local laws and regulations

on environment protection of the PRC and release Party B from any and all

obligations or losses incurred from improper processing of above mentioned sewage

central processing system.

(f)The Factory Premises shall be clean and free from all refuse, waste and all other

deposit, debris, cast-off and impediment in, out and neighbouring the Factory

Premises.

4.3Party A shall deliver the Factory Premises to Party B in accordance with the conditions

agreed herein before (Month) (Date), (Year). Party A shall serve fifteen days prior notice to Party B for the inspection of the Factory Premises. Party B shall conduct an inspection on the Factory Premises within ten (10) days of receipt of such notice. If the result of the inspection is eligible, Party B shall issue a written acceptance certificate to Party A. The date on which Party B issues such written acceptance certificate shall be delivery date of the Factory Premises. If the result is not eligible, Party B shall prepare a written report to Party A, listing all items of defects and non-compliance with the delivery conditions under this Contract which are detected in the inspection hereunder. Party A shall promptly provide a written response to such report as to whether it agrees to correct the defects and non-compliance, and, if it agrees, the plan and time schedule for correcting such defects and non-compliance shall be prepared, however, Party A shall not unreasonably refuse such correction. All corrective actions shall be completed within seven (7) days after Party B submits the report pursuant to this Section. If any of such corrective actions is not reasonably expected to be completed within such seven (7) days period, reasonable plan and timetable for the completion of such correction shall be proposed by Party A as may be acceptable to Party B to the greatest extent.

After Party A completes the correction, it shall provide Party B with reasonable time to conduct an inspection on the Factory Premises again. If the result of the re-inspection is eligible, Party B shall issue a written acceptance certificate to Party A.

4.4In the event that Party A fails to deliver the Factory Premises to Party B on or before (Month)

(Date), (Year), Party A shall pay a penalty to Party B in an amount equal to (Please insert the rate of such penalty) (__%) of the monthly rent on daily basis. Party B is entitled to rescind the Contract in the event that the overdue is over 30 days.

4.5Notwithstanding Section 4 of Article 4 hereinabove, in the event any corrective action set

forth in Section 3 of Article 4 above is not completed by Party A, or Party A is in breach of any of its obligations of repair and maintenance under Article 5 hereof, Party B shall be entitled to take possession and make use of the Factory Premises in accordance with this Contract, and reserve the right to terminate this Contract pursuant to the provisions hereof.

On the condition that Party B chooses to continue to use the Factory Premises, the Factory Premises Occupation Fee or the Rent for the respective quarter shall be reduced for each day of Party A’s breach of its obligations hereunder by an daily amount equal to (Please insert the reduction percentage) (__%) of the quarterly Factory Premises Occupation Fee or the Rent.

Such reduction of the Factory Premises Occupation Fee or the Rent shall not release Party A from any obligations of compensating losses suffered by Party B or impeding Party B from obtaining compensation for such breach pursuant to law or this Contract.

5.REPAIR AND MAINTENANCE

5.1Repair by Party A

During the Fit-out Period and the Term of Lease, Party A shall, at its own cost, repair and maintain the Factory Premises.

Party A shall carry out its obligation of repair and maintenance under this Contract properly and without delay. All such repair and maintenance shall be carried out without hindrance or damage to Party B’s normal business operations out of normal scope and extent and with at least three days prior written notice to Party B except for emergency repair. However, if the repair and maintenance are upon Party’s request, Party A shall repair and maintain immediately or on the time requested by Party B and shall not be restricted by the notification time mentioned above. If Party A fails to carry out the repair and maintenance hereunder within ten (10) days of Party B’s notice, or for repair of the main body, fails to make appropriate arrangement for the repair and maintenance within ten (10) days after a written notice is given by Party B and complete the repair within a reasonable time, except that it is not feasible to carry out the aforesaid repair and maintenance due to external factors such as whether and etc., or it is reasonably delayed due to Party B’s default, Party B shall have the right to terminate this Contract.

5.2Repair by Party B

If Party A fails to conduct the repair and maintenance promptly as required herein, Party B shall have the right to make such repair and maintenance by itself or by means of employing

a third party, and be entitled to request Party A to reimburse all direct expenses, or be entitled

to directly deduct such expenses from the Factory Premises Occupation Fee or the Rent to be paid to Party A pursuant to this Contract, and Party B shall offer to Party A copies of payment vouchers proving actual incurrence of the above mentioned costs. Both Parties hereby confirm that payment or deduction of the said expenses does not prevent, lessen or influence Party B’s rights to claim for compensation against Party A for its delayed repair and maintenance under laws and this Contract.

During the Fit-out Period and the Term of Lease, Party B shall at its own cost be responsible for the repair and maintenance of any addition, alteration or rebuilding of the Factory Premises it conducts.

6.ALTERATION AND REBUILDING

6.1Party A hereby agrees that, during the Fit-out Period and the Term of Lease, on the premise

of complying with Section 2 below, Party B is entitled to, at its own cost, make any new construction, reconstruction, addition, alteration, improvement or fit-out to any part of the Factory Premises (hereinafter referred to as “I mprovements”), including but not limited to altering to (Please insert the parts to be improved) of the Factory Premises.

6.2If Party B intends to make Improvements to the interior of the Factory Premises (including

outer walls of the Premises), it shall obtain written consent from Party A in advance.

However, Party A shall not unreasonably refuse the Improvements, which will not damage the structure of the Factory Premises significantly. If Party B intends to make Improvements to the exterior of the Factory Premises, it shall obtain approval from relevant government departments in advance (if necessary), and such Improvements shall not damage public utilities in (Please insert the place where the Factory Premises is located).

6.3If it is necessary for Party B to acquire consent to the Improvements from relevant

government departments, Party A shall, at its own cost, apply for and make its best efforts to obtain all relevant permits, approvals and registrations necessary for conducting and completing such Improvements from the government agencies.

6.4Party B’s Improvements made under this Section 1 of Article 6 shall be regarded as a part of

the Factory Premises hereunder and Party A shall collect no additional Factory Premises Occupation Fee or R ent for such Party B’s Improvements.

7.RETURN

Upon the expiration of the Term of Lease or earlier termination of the Contract, Party B shall not be obligated to recover Improvements or alterations of the Factory Premises to the conditions on delivery and shall be entitled to choose to dismantle them or not, except for recovering original bearing structures of the Factory Premises on the Commencement Date of the Fit-out Period. If Party B chooses to dismantle them, it shall not be responsible to compensate for or repair normal non-structural wear-and-tear or damage incurred from normal use or dismantlement of Improvements; if Party B chooses not to dismantle them, the Improvements shall be owned by Party A.

8.OTHER RESPONSIBILITIES AND OBLIGATIONS

8.1In addition to the responsibilities and obligations under this Contract, Party A shall also

assume the following responsibilities and obligations:

(a)Make its best efforts to ensure that Party B will be able to conduct all activities

related to its production and business operations in the Factory Premises under all

circumstance during the Fit-out Period and the Term of Lease;

(b)Deliver the Factory Premises to Party B in accordance with the time and conditions

set forth in Article 4 of this Contract and ensure Party B to normally use the Factory

Premises throughout the Fit-out Period and the Term of Lease without being

disturbed;

(c)Prior to the Commencement Date of the Fit-out Period, at its own cost, apply for and

obtain all permits required by the government for legally using all public utilities of

the Factory Premises for Party B;

(d)Install independent or separate meters, at its own cost, for all public utilities for the

Factory Premises, and unless for reasons beyond Party A’s co ntrol, ensure

uninterrupted supply of electricity, water and other utilities to the Factory Premises

throughout the Fit-out Period and the Term of Lease.

(e)Charge fees for electricity, water and other public utilities supplied to and actually

used by Party B at such rates and time as Party A is charged by the respective

suppliers without any surcharge, and upon the request of Party B, assist Party B to

establish direct relations of supply with the respective suppliers of electricity, water

and other public utilities in the name of Party B.

(f)Promptly pay all applicable taxes and other financial obligations, which are imposed

on Party A with respect to the lease, possession and use of the Factory Premises by

Party B hereunder in accordance with relevant laws and regulations and safeguard

against any negative influence on Party B’s lease, possession and use of the Factory

Premises due to arrears of tax and fees.

(g)During the Fit-out Period and the Term of Lease, ensure a full and free access to the

Factory Premises for all personnel, visitors and guests of Party B from the nearest

public roads, and permit the Party B to use all pathways, easements or roads of such

nature, whether in current use or to be built in the future around or relating to the

Factory Premises.

(h)Obtain and maintain during the Term of Lease all the necessary registrations or

approvals for Party B’s lease of the Factory Premises from relevant government or

other departments, complete all relevant procedures and bear all the relevant fees and

charges, including but not limited to applying for and obtain the Lease Certificate to

the relevant registration agency within (Please insert the number) days after the

formal execution of this Contract, deliver the original of such Lease Certificate to

Party B as early as possible.

8.2In addition to the responsibilities and obligations under this Contract, Party B shall also

assume the following responsibilities and obligations:

(a)Shall not sublease the Factory Premises to a third party without Party A’s consent;

(b)Shall be responsible for indemnifying or repairing damages of the Factory Premises

and its ancillary facilities resulting from improper use or other factitious factors;

(c)Provide necessary assistance for Party A’s inspection, reparation and maintenance of

the Factory Premises;

(d)Use the Factory Premises in accordance with the business scope set forth in its

business license;

(e)Comply with relevant PRC laws and regulations on environmental protection.

9.TAXES, FEES AND CHARGES

9.1Taxes and Fees

(a)Unless otherwise expressly provided hereunder, Party A shall pay all taxes, fees and

charges that shall be borne by Party A under the laws pertinent to the execution and

performance of this Contract, including, but not limited to, (i) all taxes, fees and

charges levied or charged by the government, which are necessary to be paid for

Party A’s execution and performance of the Land-Use-Right Granting Contract,

obtaining the Land Use Right, the Premise Ownership Certificate, any other permits

and approvals enabling and qualifying Party A to lease the Factory Premises to Party

B under this Contact, and for confirming the boundary, area and purpose of use of the

Factory Premises; and (ii) the land use fee, property taxes in any form, rental tax,

stamp duties, registration fee of this Contract or other fees arising in connection with

this Contract, which shall be paid by Party A under the laws and regulations of the

PRC;

(b)Unless otherwise expressly provided hereunder, Party B shall pay all the taxes, fees

and charges related to the execution and performance of this Contract, which is

prescribed by the law to be borne by Party B;

(c)Unless otherwise expressly provided hereunder, if there is no law, regulation or

policy specify explicitly which Party shall bear such fees and charges, the Parties

shall share in equal proportion the fees and charges related to the performance of this

Contract and for both Parties’ common interests.

9.2Right to Pay Instead

If either Party fails to pay taxes, fees and charges in accordance with this Contract, the other Party shall be entitled to pay instead and to request compensation for such payments, including all losses and damages incurred therefrom.

9.3Indemnification

One Party shall indemnify the other Party for all claims and damages, which may occur due to any default of the other Party to pay any taxes, fees or charges as set forth above. However, both Parties agree that, the capped amount of such indemnification shall not exceed the total amount of the Rent of (Please insert the number) months hereunder.

10.REPRESENTATIONS AND WARRANTIES

10.1Party A’s Representations and Warranties