上海市房屋租赁合同英文版

SHANGHAI PREMISES LEASE CONTRACTFORMULATED BYSHANGHAI MUNICIPAL HOUSING, LAND AND RESOURCES ADMINISTRATION SHANGHAI ADMINISTRATION FOR INDUSTRY AND COMMERCEPRINTED IN NOVEMBER, 2000SPECIAL NOTESI. This Contract applies to the pre-lease of commercial housing situated within the administrativejurisdiction of Shanghai, as well as the lease of premises whose rent is determined by the related parties through negotiations according to reasonable market principles, exclusive of the lease of any publicly-owned residence premises at the rent ratio specified by Shanghai Municipal Government, of the public non-residence premises administratively allocated and invested by Shanghai Municipal Government, and of the private premises leased at the rent ratio specified by Shanghai Municipal Government prior to the implementation of the Regulations of Shanghai Municipal government on Premises Lease(hereinafter “the Regulations”).II. The pre-lease hereunder is only restricted to such commercial housings as built by related real estate developers who has obtained the pre-sale permit, except for any commercial housing which has been pre-sold by related real estate developers; and no pre-lease may be made by any pre-buyer of commercial housing.III. Both the terms 【For Lease】and 【For Pre-Lease】mentioned herein are for indicative purposes, denoting that related provisions or clauses marked with such terms apply to lease or pre-lease, as indicated respectively. When this Contract is used as a premises lease agreement, only those provisions marked with the word 【Lease】will be included and adopted as integral part of such lease agreement; likewise, when used as a commercial housing pre-lease contract, only those provisions marked with the【Pre-lease】,as well as the provisions entitled “Pre-lease Related Issues” as set out in the Supplemental Provisions, and other provisions not marked 【】may be included as the general terms and conditions, regardless of pre-lease or lease.IV. In case this Contract is to be used for intended pre-lease of commercial housing, both parties to such pre-lease shall, upon the completion of the commercial housing, enter into the handover letter of commercial housing after related property developer has followed the required initial registration of real estate and acquired the real estate ownership certificate, for that purposes, that contract shall become the premises lease contract, and the original terms and conditions contained therein shall have been fully fulfilled.V. This Contract is the tentative template prepared by Shanghai Administration of Property and Land Recourses in collaborations with Shanghai Municipal Bureau for Industry and Commerce, in accordance with the Regulations of Shanghai Municipal Government on Premises Lease, all terms and conditions contained herein are only for indicative purposes to be mutually agreed between the Parties hereto. Any issues not covered or defined herein may be resolved by entering into supplementary provisions by PartyA and PartyB through amicable negotiations.VI. Prior to execution of this Contract, the lessor is required to present to the prospective lessee its real estate ownership and land use right certificate or other related ownership certificate, and appropriate property developer shall show the pre-lessee the pre-sales permit as duly obtained. Each party to an intended lease or prelease shall verify the identity certificate of others and deliver to others its own identity certificate. Where the intended lessee is an itinerant person from outside Shanghai, the lessor is also required to present the Permit of Premises Leasing security issued by related police authority.VII. Related parties concerned shall, within fifteen (15) days upon execution of this Contract, follow related formalities of contract registration. Specifically, in the event of premises lease, register, and apply for the certificate of contract registration with the local appropriate real estate exchange center or farm system duly established at the place where such leased premises are located; in the event of pre-lease of commercial housings, the pre-lease of foreign-oriented commercial housings shall be registered with Shanghai Municipal Real Estate Exchange Center; the pre-lease of local-oriented commercial housing shall be registered with the real estate exchange center duly established at the place where such pre-leased premises is located. The property ownership certificate will be granted if the commercial housings under pre-lease mechanism are completed, and the related parties shall register, and apply for the certificate of contract registration with the local appropriate real estate exchange center or farm system duly established at the place where such leased premises are located, upon the execution of handover letter of commercial housings under pre-lease mechanism. Once duly registering with the above authority, the lessee has the right to claim against the third party in relation to any purported repeated pre-leases, transfer or discretional disposal of mortgaged premises during lease period, etc.VIII. In the event one party requires to register while the other refuses to render necessary coordination,former may go through related formalities for registration by presenting this lease contract, valid identification certificate, as well as other supporting instruments.IX. The security deposit serves as the safeguard to ensure the due performance of the lease contract. During the course of premises lease, the lessor and the lessee may stipulate the security deposit in the lease contract, and the specific amount shall be determined by both parties. Upon termination of the lease, the security deposit, after deducting the relevant costs and expenses payable by lessor as specified in the contract, shall be refunded to the Lessee.X. This Contract is available from the Shanghai real estate exchange center or farm system filing office or its divisions in its district or, county where the related premises are located. Both parties are advised to read thoroughly each provision contained herein and make a sound understanding thereof.XI．This Contract serves only as a Model Text for reference by related parties.XII．Where the leasehold hereunder is established under the help of agency or brokerage, related parties to a lease shall require such brokerage or broker to sign on the last signature page hereof.SHANGHAI PREMISES PRE-LEASE CONTRACT(Contract No.: ) BETWEEN:Lessor (hereinafter “Party A”):【For Lease】Lessee (hereinafter “Party B”)Pre-les sor (hereinafter “Party A”):【For Pre-Lease】Pre-lessee (hereinafter “Party B”):THIS CONTRACT is made and entered into by and between Party A and Party B, through mutual friendly negotiation based on the principles of equality, voluntariness, fairness, as well as good faith, in respect of issues concerning the lease by Party A to Party B of the (Premises/Commercial Housing )which Party A is entitled to (lease/pre-lease), in accordance with the Contract Law of the People’s Republic of China and the Regulation of Shanghai Municipal Government on Premises Lease (hereinafter “the Regulation s”), subject to the terms and conditions as hereof:I. Profile of Leased/Pre-leased Premises1-1 The Premises ( For Lease/Pre-lease) by Party A to Party B hereunder is situated at room , floor, (No. /building) (Lane/New Village) Road (district/county), Shanghai (hereinafter “the Premises”). The measured building area of such Premises ___ (For Lease/Pre-lease) is square meters, and the Premises are allowed for , with a type of and structure of . The plan or layout of such Premises is as provided in Appendix A attached hereto. It is acknowledged that Party A has presented to Party B:(i) 【For Lease】The real estate ownership and land-use right certificate/house ownershipcertificate________, numbered as(ii) 【For Pre-Lease】Pre-sale permit, numbered as(Refer to Article 2.1 and Article 2.2 of the Supplemental Provisions for details)1-2 The leasehold is established between Party A, as (Real Estate Owner/Administrator/Other Right Holders under the Applicable Laws), and Party B hereunder. Party A has informed Party B that the Premises (have/have not) been mortgaged, prior to the execution of this lease contract.1-3 Space, Conditions and Requirements for Use of Public or Shared Areas of this Premises: The existing Decoration, ancillary facilities, conditions of equipment, as well as the information and standards of, the ancillary facilities decorated and added by Party B, upon consent of Party A, shall be determined as per Appendix B, attached hereto, respectively. Both Parties agree that these two Appendices as mentioned above shall be the standards or basis for acceptance of the Premises when it is returned by Party B to Party A upon termination hereof and when it is by Party A to Party B as of the effective date hereof.(Refer to Article 2.3 of the Supplemental Provisions for details)II. Purposes of Lease2-1 Party B undertakes with Party A that the Premises are leased hereunder to be used as , and will comply with any and all related applicable provisions concerning the premises use and property management of the State and Shanghai.2-2 Party B warrants to Party A that during the lease term hereof no change will be made to the purposes mentioned in Article 2-1 above in the absence of prior written consent of Party A and approval from related competent authorities after due process of examination in accordance with related provisions.III. Handover Date and Lease Term3-1 Both Parties hereto agree that Party A will hand over Party B the said Premises by yyyy/mm/dd.【For Lease】The lease term hereof shall commence from and end on 【For Pre-Lease】The lease term shall commence from the date when the Pre-leased Commercial Housing Handover Letter is signed and end on the date of ___________. (Refer to Article 3 of the Supplemental Provisions for details)3-2 Upon expiry of the agreed to lease term, Party A shall have the right to recover the Premises leased hereunder, and Party B is required to return the same as scheduled. Party B shall deliver a written notice to Party A requesting renewal of this Contract six (6) months prior to the expiry date, which renewal hereof shall be subject to express consent of Party A.IV. Rent, Terms of Payment and Period4-1 It is agreed by both Parties hereto that the agreed-upon rent for each square meter of building area/per day is Yuan (Currency). 【For Lease】The monthly rent in total is____________Yuan (Currency) (In words: THOUSAND _____ HUNDRED ____ YUAN ONLY). 【For Pre-Lease】The monthly rent shall expressly stipulated by both Parties in the Handover Letter of Commercial Housing as per the actually measured building area space. (Refer to Article 4.1 of the Supplemental Provisions for details)The aforesaid rate of rent remains unchanged for a period of (Year/Month), which may be subject to adjustment from time to time by both parties hereto from (year/Month) through mutual friendly negotiation, matters concerning such adjustment to be contracted between both parties in theSupplemental Provisions hereto.4.2 The said rent shall be payable by Party B to Party A prior to the day of each month. Party B isobliged to pay a penalty to Party A at the rate of % of unpaid rent for each delayed day. (Refer to Article 4.1 and Article 14.2 of the Supplemental Provisions for details)4-3 The rent shall be paid by Party B according to the following payment schedules: (Refer to Article 4.1 of the Supplemental Provisions for details)V. Cash Deposit and Other Fees5-1 Both Parties hereto acknowledge that upon handover by Party A to Party B of the Premises, Party B shall pay to Party A security deposit in the sum of rent for months, i.e. Yuan (RMB).Upon receiving the said security deposit, Party A shall issue to Party B a receipt thereof.Upon termination or expiration of this Contract, the security deposit, as paid by Party B hereunder, after deducting related fees which are to be paid by Party B as stipulated herein, shall be refunded to Party B without interest (if any amount remaining). (Refer to Article 5 of the Supplemental Provisions for details)5-2 Any and all fees and expenses incurred during the lease term, in respect of the water, electricity, gas, communications, equipment, property management, and other related fees or expenses shall be borne by (Party A/Party B). All other fees and expenses shall be borne by (Party A/Party B). (Refer to Article 4.2 and Article 4.3 of the Supplemental Provisions for details)5-3 The means for calculating or apportioning the aforesaid fees and expenses to be paid by (Party A/PartyB ), the terms as well as time of payment thereof shall be as follows: (Refer to Article 4.2 and Article 4.3of the Supplemental Provisions for details)VI. Requirements for Use of Premises and Maintenance Liabilities6-1 During the lease term hereof, Party B shall promptly inform Party A to repair or make good any damage or failure occurred to the Premises or its ancillary facilities whenever such damage or failure comes to his attention; Party A shall, within fifteen (15) days upon receipt of such notice from Party B, makeappropriate correction or repair, otherwise, Party B may make such necessary repair at the cost of Party A.6-2 During the lease term, Party B shall reasonably use and take proper care of the Premises and its ancillary facilities. Party B shall be held liable for making proper repair or correction of any damage or failure to the Premises or its ancillary facilities as result of misuse or unreasonable use by Party B. In case Party B refuses to make proper repair upon request from Party A, Party A may make such repair at the cost of Party B.6-3 Party A warrants that the Premises and its ancillary facilities are in good condition and safe manner, suitable for use, during the lease term. Party A shall notify Party B of any planned inspection and/or maintenance on the Premises three (3) days in advance, in this case, Party B shall provide reasonable and necessary cooperation for that purpose, provided, however Party A is required to minimize to the possible extent the impact on the use by Party B of this Premises, caused by such inspection and/or maintenance. (Refer to Article 7 of the Supplemental Provisions for details)6-4 Except for Appendix hereto, any intended Decoration or addition of ancillary facilities and equipments by Party B shall be subject to prior written consents of Party A and required approvals, for which (Party A /Party B entrusted by Party A )shall apply, from appropriate competent authorities in accordance with applicable provisions, if such approval is required by applicable laws as necessary for such intended Decoration and addition of ancillary facilities and equipments. The ownership of such Decoration and addition of ancillary facilities and equipments, made by Party B, as well as maintenance responsibilities therefore shall be agreed by both Party A and Party B separately in writing. (Refer to Article 6 and Article 7 of the Supplemental Provisions for details)VII. Conditions of Premises at the Time of Return7-1 Unless Party A consents Party B to renew this Contract, Party B shall return the Premises within ___ day(s) upon expiration of the lease term. If Party B delays to return the Premises without consent of Party A, for each delayed day, Party B shall pay to Party A an occupational fee at (____ currency) ____ /m2 (equal to two times of the daily rent) during the period when the Premises are occupied by Party B.(Refer to Article 8 of the Supplemental Provisions for details)7-2 The Premises returned by Party B shall be in the condition or state left after a period of normal use. The intended return of the Premises shall be subject to due inspection and acceptance of Party A, in the event of acceptance by Party A of intended return, each party shall pay up any and all amounts that should be charged to his account.VIII. Sublease, Assignment and Exchange8-1 Except as Party A has consented Party B to sublease the Premises as provided for in the Supplemental Provisions hereto, Party B, during the entire lease term hereof, may not sublease the Premises in whole or in part to any third party without a prior written consent of Party A, provided, however, Party B shall not sublease the internally-divided Premises to more than one sublessees. (Refer to Article 9 of the Supplemental Provisions for details)8-2 For any intended sublease of the Premises, a sublease contract shall be concluded between Party B and related sub-lessee in writing, and the sublease contract is required to be registered with the Real Estate Exchange Center or Farm System Filing Office established at the place where such Premises are located. (Refer to Article 9 of the Supplemental Provisions for details)8-3 During the lease term hereof, any assignment intended by Party B of the leasehold of the Premises to any third party, or any exchange of the Premises hereunder with any third party shall be subject to a prior written consent of Party A. Upon completion of such assignment or exchange, the assignee or the person with whom Party B exchanges premises shall enter into a novation agreement with Party A, and to perform the terms and conditions contained herein. (Refer to Article 9 of the Supplemental Provisions for details)8-4 If Party A intends to sell the Premises during the lease term, it shall send a three-month notice to PartyB. Party B shall have the right of first refusal to purchase the Premises under equal terms andconditions. (Refer to Article 11.8 of the Supplemental Provisions for details)IX. Conditions for Termination of this Contract9-1 Party A and Party B agree that during the lease term hereof, this contract shall be terminated under anyof the following circumstances without any liabilities imposed on either party hereto:(i) The right to use the land which is totally or partly occupied by the Premises is revoked inaccordance with applicable laws;(ii) The Premises are confiscated in accordance with applicable laws for social public interest;(iii) The Premises are to be dismantled and relocated according to law for the needs of urban construction;(iv) The Premises are damaged, destroyed or assessed as dangerous properties;(v) Party B was informed of any and all mortgage over the Premises prior to such lease, which is exercised now by the concerned parties;(vi) (Refer to Article 13 of the Supplemental Provisions for details)9-2 It is agreed that under any of the following circumstances either party may notify the other in writing to terminate this Contract. Either party in breach of this contract shall pay appropriate penalty in the sum of times of one monthly rent; In case such penalty is insufficient to cover the loss incurred by the other party as a result of such breach, the default party shall pay the difference.(i) Party A fails to hand over the Premises as scheduled and the failure continues for a period ofdays upon the request of Party B;(ii) The Premises handed over by Party A is inconsistent with stipulations contained herein, thus frustrating the lease purposes; or the Premises handed over by Party A is defective, threateningthe safety of Party B;(iii) Party B changes the purposes of the Premises without prior written consent from Part A, thus causing any damage to the Premises;(iv) The main body of the Premises is damaged by reason of Party B;(v) Party B subleases the Premises, assigns the rights owned as the lessee of the Premises or exchanges with others their respective leased premises without prior written consent of Party A;(vi) Party B fails to pay due rental for a period of one (1) months in total.(vii)(Refer to Article 14.4 of the Supplemental Provisions for details)X. Liabilities for Breach10-1 In case the Premises are defective at the time of handover, Party A shall make things good within thirty(30) days upon the date of handover, otherwise, Party A agrees to decrease the originally-agreed rentratio and modify the lease-related terms and conditions..10-2 Party A shall be held liable for compensation for any loss suffered or sustained by Party B as a result of failure of Party A to inform Party B of any mortgages or encumbrances over the Premises hereunder or of the fact that part of the title has been transferred prior to the lease of the Premises.10-3 Party A shall be liable for making appropriate compensation for any damage to property of or bodily injury to Party B as a result of damage to the Premises due to Party A’s failure to perform the repair and/or maintenance liabilities set forth herein, during the lease term hereof.10-4 During the lease term, in the event that Part A withdraws the Premises in advance by terminating this Contract for the reason or reasons not specified herein without prior consent from Party B , Part A shall pay Part B the penalties at an amount of___times of the rent accrued during the period from the early termination date to the nature expiry date. In case the amount is insufficient to cover the loss sustained by Party B as a result of the early termination, Party A is required to pay the difference. (Refer to Article14.1 of the Supplemental Provisions for details)10-5 In case Party B conduct the Decoration or adds ancillary facilities without the prior written consent of Party A or outside the scope of and requirements for such Decoration or addition of ancillary facilities as consented to by Party A in writing, Party A may choose to require Party B to restore such Premises and compensate for the loss (restore such Premises / compensate for the loss). (Refer to Article 6 of the Supplemental Provisions for details)10-6 During the lease term, in the event that Part B terminates the leasehold in advance for the reason or reasons not specified herein without prior consent from Party A, Party B shall pay to Party A the penalties at an amount of___times of the rent accrued during the period from the early termination date to the nature expiry date. In case the amount is insufficient to cover the loss sustained by Party A as a result of the said early termination, Party B is required to pay the difference. Party A may directly deduct the penalties from the security deposit. If the security deposit is insufficient to deduct the penalties, Party B shall still pay the deficiency. (For detailed about other liabilities for breach of contract, refer to Article 14.2, Article 14.3 and Article 14.5 of the Supplemental Provisions for details)XI. Miscellaneous11-1 If Party A intends to mortgage the Premises during the lease term, Party A shall give a written notice to Party B and undertake to Party B that, if the concerned parties will dispose of the Premises by means of conversion to a price or realization after the Premises are mortgaged, Party A will give a ____-day written notice to Party B to solicit Party B’s opinion about purchase of the Premises. (Refer to Article11.8 of the Supplemental Provisions for details)11-2 This Contract enters into force within days upon the signature and seal by both Parties hereto.Within fifteen (15)days upon effective date, Party A shall be responsible for making registration of the contract with related real estate exchange center or farm system filing office established at the place where the Premises are located, and apply for the premises leasing registration certificate; within fifteen(15) days upon registration of this contract,Party B(Party A / Party B) shall be responsible for theregistrations with the original registry office for any intended change and termination of this Contract,.Party A shall be solely liable for any legal dispute arising out of or from Party A’s failure to follow the above registration formalities. (Refer to Article 15.6 of the Supplemental Provisions for details)11-3 Any issue not covered or undefined herein shall be determined by Supplemental Provisions mutually agreed upon both Parties. The Supplemental Provisions and the appendices hereto shall be deemed integral parts of this Contract. The words inserted in the blank space intentionally left in this Contract, its Supplemental Provisions, as well as Appendices attached hereto, are equally authentic as printed words.11-4 Either Party hereto, upon execution of this Contract, understands clearly their respective rights, obligations and liabilities hereunder, and agrees to faithfully exercise and/or perform the same as stipulated herein. Either party hereto may claim for appropriate compensation against the other party who is held in breach hereof.11-5 Any dispute arising out of, or in connection with the performance of this Contract shall be resolved between both Parties through mutual friendly negotiation; failing which, the second option indicated below will be employed by both Parties to solve such dispute:(i) Submit to Arbitration Committee for arbitration;(ii) Lodge proceedings with appropriate people’s court with competent jurisdiction pursuant to related laws. (Refer to Article 15.9 of the Supplemental Provisions for details)11-6 This Contract, along with its Appendices attached hereto, is made in quadruplicate, with Party A holding2 copies, Party B, and the real estate exchange center of (Shanghai Municipality/District/County)holding one copy thereof, and all of the copies thereof shall be of equal validity.SYNNEX TECHNOLOGY INTERNATIONAL CORPORATIONLOGISTICS CENTERSUPPLEMENTAL PROVISIONS TO SHANGHAI PREMISES LEASECONTRACTIn accordance with Article 11-3 of Shanghai Premises Lease Contract (No._________) and the relevant appendices signed by Party A and Party B (“Master Contract”), the Parties hereby enter into the following supplemental provisions (“Supplemental Provisions”) regarding Party B’s lease of the Premises which are owned by Party A and located at _______, Synnex International Plaza, No.1968, Tianshan Road, Shanghai, based on the principles of equality, voluntariness and friendly negotiation:ARTICLE 1 DEFINITIONS1.1 “Contract” shall mean the Master Contract (including all appendices), these Supplemental Provisionsand all other written amendments and/or supplements signed by Party A and Party B.1.2 “Premises” shall mean the Premises as defined in Article 1-1 of the Master Contract.1.3 “Free Fitting-out Period” shall mean the period granted by Party A to Party B under the Contract,during which Party B may enter the Premises to carry out internal Decoration.1.4 “Lease Term”shall mean the period from the Handover Date to the Expiry Date defined in theContract.1.5 “Rent” shall mean the Premises lease fee paid by Party B to Party A according to the amount andperiod stipulated in the Contract, but excluding the property management fee, electricity fee, water fee or other fees payable by Party B to Party A under the Contract.1.6 “Property Management Company” shall mean the company engaged by Party A to manage thePremises and relevant services and facilities.1.7 “Party B’s Payment Day” shall mean the date when Party A actually receives the payment from PartyB.ARTICLE 2 PROFILE OF THE PREMISES2.1 The total building area of the Premises is 【】m2(“Leas e Area”), which is the basis for calculation ofthe rent, property management fee and security deposit of the Premises.2.2 Upon execution of this Contract, Party A has not obtained the real estate ownership certificate of thePremises, but Party A will provide Party B with the photocopies of the construction planning permit, the construction permit, and the house number approval issued by the public security bureau, and will provide the photocopy of final acceptance certificate after the construction project is finally accepted.2.3 For details about the floor plan of the Premises, refer to Appendix A; for details about the scope,conditions and requirements of the public areas of the Premises, refer to Appendix B; for details about the Conditions of Existing Decorations, Fixtures and Equipments in the Premises, refer to Appendix C;for details about Party A’s consent for decorations, additional fixtures and equipments, refer to Appendix D. The aforesaid appendices shall be used as the basis for acceptance of the Premises when the Premises are handed over by Party A to Party B and when Party B return the Premises to Party A upon termination of the Contract.ARTICLE 3 LEASE TERM3.1 Party A will hand over the Premises to Party B on April 16, 2012 (as estimated), but the actualhandover date shall be depended on the progress of Party A’s project construction and acceptance of the Premises.3.2 The fitting-out period shall be from _________[date] to _________[date]. If the handover of thePremises is delayed, the fitting-out period shall be postponed accordingly.3.3 During the lease term, Party A shall grant Party B a ____-month rent-free period (i.e. from ________[date] to ________ [date]).3.4 Party B shall pay the management fees, electricity fees and other fees during the Free Fitting-outPeriod.ARTICLE 4 RENT, PROPERTY MANAGEMENT FEE AND OTHER FEES4.1 Rate of Rent: monthly rent = daily rent*365 days*Lease Area/12 months4.1.1 During the lease term, from year ___ to year ___, the rate of Rent shall be RMB ____/m2。