RENTAL CONTRACT
Leaser: ShenZhen HuaQiao City real estate Limited.
Address: 21th and 22th floor HanTang Building
HuaQiao City XingLong St.
ShenZhen
Tel: 26936000 26911826
Renter: ShenZhen City ChuangLi Power Company
Address:
Tel: 82995658 13312922960
ID Number/Business License Number:
Whereas {{ShenZhen Economic Zone Rental Regulation}} and its detailed clauses,
Whereas both parties'(leaser and renter) settlement, result this contract with
clauses below.
Clause 1 Leaser will lease its property to Renter. This rental property is
located at:
NorthEast A-3, Building 302
DongDu industrial zone
YuShan Area, HuaQiaoCheng
ShenZhen
The total size of this rental property is 1165 square feet.
Clause 2 Renter will rent this property from September 21th, 2003 to
September 20th, 2006. The total duration is 24 months.
Clause 3 Renter rents this property on factory premises purpose only and all
activities at this property should also fulfill country's fire
safety regulations. In addition, renter shall obtained some
necessary legal documentations from Chinese legal authorities and
Leaser's approving if renter use this property on any other purpose.
Clause 4 Renter shall pay Leaser nineteen thousand seven hundred and 5 Yen
each month for this rental property, and such transaction shall be
done before 5th day of every month.
Clause 5 By signing this contract, Renter shall pay for the deposit with the
total of thirty nine thousand six hundred and ten Yen. Leaser shall
give Renter a receipt for the deposit. After the ending date of this
contract, Leaser shall return the deposit back to Renter.
Clause 6 Within 10 days since the date Leaser receives the deposit from
Renter, Leaser shall release the property to Renter. If Leaser
cannot releaser the property on time, Renter can ask for extension
for this contract, and it also shall stated on written notice and
shall sign by both parties.
At the time of property releasing both parties shall confirm
property conditions (such as door, windows, ground, etc...). All the
confirmations have to be in the written notice, as well as the date
of property releasing.
Clause 7 All Renter's activities at this rental property have to be as it is
on clause 3.
Clause 8 Any structure damage discovered during the use of rental property,
Renter shall contact Leaser and prevent further damage. Leaser shall
start repairing within 20 days since the date it receives Renter's
notice of structure damage. If Leaser refuses the repairing, Renter
can refer to legal rental regulation authorities and get the
repairing done, and all those costs shall be paid by Leaser. During
the mean time, Renter shall also obtain its obligation to pay the
rent on time.
Clause 9 During the leasing period, Leaser shall have obligation to pay all
the necessary taxations and bank payment and interest for this
rental property, and Renter shall pay for all other relative
management expenditures (exclude utilities expense).
Clause 10 At the time of property releasing, Leaser shall insure all the
structure and equipment within this rental property shall fulfill
requirements of certain related legal regulations. Renter also has
the obligation to maintain the structure and equipments and prevent
them from damage. When the contract is ended, Renter shall return
property to Leaser and guarantee the property is as it was, Leaser
shall also settle and end all the cost of rent and necessary
expenditures for Renter.
Clause 11 During the leasing period, Renter shall pay all the damages of this
rental property if they are done by Renter. If Renter refuses to pay
for the repairing, Leaser can refer to legal rental regulation
authorities and get the repairing done, and all those costs shall be
paid by Renter.
Clause 12 During the leasing period, Renter shall not restructure or remodel
the rental property, unless it is approved by Leaser and the plan of
restructuring or remodeling shall also be approved by legal
authority. Both parties may negotiate this clause in detail and sign
otherwise.
Clause 13 During the effective period, if the Renter has to do any
restoration, he/she must get approval from the Leaser and the fire
department. After the restoration, the site must be inspected by the
Leaser and the fire department in order to be used. The Renter must
understand that the Leaser is not responsible for all the
restoration expenses or payment during the lease period.
Clause 14 The Leaser has all the advertising right and the management right.
If the Renter needs to install or put up any advertising signboard
or notice board, he/she must get the approval from the Leaser, and
follow the regulations while installing them.
Clause 15 During the lease period, the Renter must follow all regulations by
the government and fire department. If for any reasons the Renter is
not able to proceed his/her business due to the violation of the
regulations, the Renter bear all the responsibility and still need
to pay the rental and related expenses.
Clause 16 The Renter must get the approval from the Leaser if he/she wants to
sublet the property. If the Leaser approves, the Renter has to
complete the application process, and the sublease period must not
be later than the original lease period. The Renter must also
guarantee that the sub Renter will not again sub the lease to
another party.
Clause 17 During the lease period, if the Leaser wants to sell the whole or
part of the property to another party, the Leaser must inform the
Renter a month before. The Renter has the initiative right of buying
the property. The Leaser has to guarantee that the buyer of the
property must carry out the initial contract agreement.
Clause 18 During the lease period, the lease will be terminated automatically
if any of the following situations happens:
(1) The contract agreements cannot be carried out due to any
unsolved problems or accidents.
(2) The property need to be tore down by the government for other
purposes.
Clause 19 The Leaser has the right to terminate the lease and be paid the loss
by the Renter if the following situations happen:
(1) The Renter owes the rental more than 2 months
(2) The Renter owes the utilities for more than 2 months.
(3) The Renter sublet the property to other party without the
approval of the Leaser.
If any of the above situations happen, the Leaser has the right to
terminate the lease by informing the Renter in a written form letter to
move out the property. The Renter must pay all the expenses owed before
he/she move out. The Leaser has the right to keep the deposits as the
compensation of breaking the contract.
Clause 20 The Renter has the right to terminate the lease and be paid the loss
by the Leaser if the following situations happen:
(1) The Leaser delays the releasing of the property more than 30
days.
(2) The Leaser violates the Clause 7 of this agreement contract,
and the Renter is unable to start the usage of the property.
(3) The Leaser violates the Clause 8 of this agreement contract,
which the Leaser refuses to restore or pay the restoration
expenses, and the Renter is unable to start the usage of the
property.
(4) The Leaser restores, redecorates, or expands the lease
property without notifying and approval by the Renter.
If any of the above situations happen, the Renter has the right to
terminate the lease by informing the Leaser in a written form letter
and move out of the property. The Renter has the right to ask for
the deposits paid and other prepaid expenses.
If the Renter terminate the lease due to other reasons not listed
above, the Renter has to pay the Leaser the equal amount of deposits
as compensation fees, and the Leaser has the right to keep the
deposits as the compensation fees.
Clause 21 If the Renter wants to renew the lease, he/she must request the
lease renewal 2 months before the original lease is expired. The
Renter has the initiative right to renew the current lease. A new
lease should be signed for the renewal of the current lease.
Clause 22 When the lease is expired, the Renter has to move out the property
within 5 days, and the rental is accounted till the day when the
Renter moves out. If the Renter refuses to move out or return the
property, the Leaser has the right to cut off the utilities supply
and sue the Renter through authorities. The Renter must move out on
time and leave nothing in the property. If there are items left in
the property, they are considered to be the property of the Leaser.
Clause 23 If the Renter delays the rental payment, he/she has to pay a late
fee to the Leaser. The late fee is accounted by the number of days
delay times 0.05% of the rental. If the Renter delay the payment
more than 30 days, the Leaser has the right to cut off the utilities
supply, and do not have to bear the responsibility. Clause 24 The
Renter has to go to Shenzhen HuaQiao City Real Estate Limited
Company to pay the rental or process any bank payment application.
The Renter has to ask for receipt of the rental payment within 3
months after the payment. If the Renter does not ask for the receipt
or lost the receipt, he/she has to bear the responsibility.
Clause 25 The Leaser is responsible for the electricity voltage supplies
(everything before the power switch, not including the power switch)
and maintenance. If the Renter need a voltage change or specific
request, he/she must ask HuaQiao City Water and Electricity Utility
Company to install the required equipments. All expenses including
the maintenance fees, and application fees are paid by the Renter.
Clause 26 (Clause 26 was skipped)
Clause 27 Each party shall pay for the lost of counterparty for not carrying
out the agreement.
Clause 28 Any addition or deletion to this contract, both parties shall attach
this to attachment page, such page also has the legal prospect as
those in clauses above.
Clause 29 Any conflict or dispute resulted between both parties by this
contract, it shall be solve via negotiation. If any dispute that
cannot be solved by negotiation, it shall bring up tot local court
house for arbitration.
Clause 30 This contract has 6 copies, two for each party, and two for local
court house in case of any litigation.
Clause 31 This contract is immediately effective since the date it's signed by
both parties.