Shenzhen Real Estate Lease Contract
Formulated by Shenzhen Municipal Office of Premises Leasing Management
Real Estate Lease Contract
Lessor (Party A): Gao Zhanyuan, Peng Changlan
Address: Room E-201, Hongchang Pavilion, Longwei Road, Futian District, Shenzhen
Postal Code: 518000
Authorized Agent:
Address:
Postal Code:
Lessee (Party B): TERMOZETA S. P. A （Shenzhen Office）
Address:
Postal Code:
Business License or ID card No.:
Authorized Agent:
Address:
Postal Code:
This Contract is concluded by and between Party A and Party B through friendly consultation and in accordance with the Contract Law of the People’s Republic of China, the Law of the People’s Republic of China on the Administration of Urban Real Estate, and the Regulations of Shenzhen Special Economic Zone on Housing Lease and its implementation rules.
Article 1 Party A leases the real estate located at Room 1103 and 1105, the West Wing, Qiushi Building, Zhuzilin, Shennanzhong Road, Futian District, the room number is Room 1103 and 1105, West Tower, Qiushi Building, Shenzhen (hereinafter referred to as the leased real estate) with a total construction area of 137.5 square meters to Party B. the whole building has 31 stories in total.
The owners of the leased real estate are _Gao Zhanyuan and Peng Changlai_; description and registration number of the Real Estate Certificate or any other valid certificate proving the property ownership (right to use) are: Real Estate Ownership Certificate, SFDZ 3000368715 and SFDZ 3000368707;
Article 2 The monthly rent for each unit of the leased real estate is RMB 105 (say one hundred and five only) per square meter as per the area of the leased real estate, and total monthly rent is RMB 14,437.5 (say fourteen thousand four hundred and thirty-seven point five Yuan only).
Article 3 Party B shall pay the rent for the first period before July 15, 2009 with an amount of RMB14,437.5 (say fourteen thousand four hundred and thirty-seven point five Yuan only).
Article 4 Party B shall pay the rent to Party A before one of the following dates:
√ the 15th day of each month;
□ the ____ day of the ____ month of each quarter;
□ the ____ day of the ____ month of each half-year;
□ the ____ day of the ____ month of each year.
Party A shall issue a tax invoice to Party B upon receipt of the rent.
(Both parties shall jointly select one from the aforesaid four methods, and mark a “√”in the □selected.)
Article 5 The term of Party B’s leasing of the leased real estate shall be from July 15, 2009 to July 14, 2010.
The team agreed in the aforesaid paragraph shall not exceed the approved land usage term, and the exceeding part shall be invalid. Any loss arising out thereof shall be borne by Party A.
Article 6 The real estate shall be leased for office use
In case of any change in the usage of the leased real estate, Party B shall obtain the written consent of Party A, and apply for usage change to the competent authority of the real estate according to relevant laws and regulations. Only after the application is approved, shall Party B be entitled to change the usage of the real estate in accordance with the approval.
Article 7 Party A shall deliver the real estate to Party B before July 15, 2009 and go through the related transfer formalities.
If Party A delivers the released real estate on a date later than the date stipulated in the aforesaid paragraph, Party B shall be entitled to require extending the term of the Contract, and both parties shall sign to confirm and put on records at the contract registration authority.
Article 8 During the delivery of the leased real estate, both parties shall confirm the conditions of the leased real estate and its attached facilities and properties, and clearly list it as a supplement in the appendix.
Article 9 While delivering the leased real estate, Party A shall be entitled to demand from Party B a sum of deposit equivalent to one month’s rent, i.e. RMB 33,000 (say thirty-three thousand Yuan only)..
Party A shall issue a receipt upon receiving the deposit from Party B.
The conditions under which Party A shall refund the deposit to Party B are as follows:
1. on the expiration of the contract
2. Settling rent, electricity and water fees and management fee on the date of expiration of this Contract.
3. The leased real estate and its attached facilities are in good condition.
□When one of the above conditions is met
√When all above-mentioned conditions are met
(Both parties shall select one of the above methods, and mark a “√” in the □for the method selected)
In case of any of the following circumstances, Party A shall not refund the deposit:
1.
2.
3.
Article 10 During the lease term, Party A shall be obliged to pay land-use charge relating to the leased real estate as well as tax and management fees arising from the lease of the real estate; Party B shall be obliged to timely pay other expenses arising from use of the leased real estate, such as water and electricity fees, sanitary fee and house (building) management fee.
Article 11 Party A shall guarantee that the delivered real estate and its attached facilities can realize the purpose of lease and its security satisfy the requirements stipulated in relevant laws, regulations and rules.
Party B shall have the right to claim for personal or property damages that it suffers in the leased real estate due to Party A’s intentional misconduct or negligence.
Article 12 Party B shall make proper use of the leased real estate and its attached facilities, and shall not use the leased real estate for purposes in violation of the law. Party A shall not disturb or interfere with Party B’s proper use of the leased real estate.
Article 13 During the use of the leased real estate, in the event of any damages or failures occurred to the leased real estate or its attached facilities for reasons of not Party B’s fault, which will endanger the security and normal use of the leased real estate, Party B shall immediately notify party A and take effective measures to prevent the defect from extension. Party A shall personally make the repair or directly entrust party B to make the repair within 1 day after receiving the notice. Provided Party B has no means of notifying Party A, or Party A fails to perform the repair obligation within the time limit as mutually agreed upon receipt of notification, Party B shall be entitled to make a repair on behalf of Party A after making records at the contract registration authority.
Where an emergency occurs, and an immediate repair is needed, Party B shall make the repair immediately on behalf of Party A and notify Party A of the relevant situation timely.
Repairing expenses incurred in the conditions stipulated in above two paragraphs, including the reasonable expenses incurred due to the fact that Party B makes the repair on behalf of Party A and takes measures to prevent the defect from further extension, shall be borne by party A. In the event of Party B fails to fulfill the obligation as stipulated in the above two paragraphs or fails to take possible effective measures, which lead to the extension of the loss, that repair expenses for the extended part shall be borne by Party B.
Article 14 In the event of any damages or failures occurred to the leased real estate or its attached facilities, which endangers the security and normal use of the leased real estate, and these damages or failures are due to Party B’s improper use or unreasonable use, that Party B shall notify Party A immediately and be liable for the repair or the compensation. Should Party B refuses to make any repair or compensation, after making records at the contract registration authority, Party A shall make a repair on behalf of Party B, and relevant expenses shall be borne by Party B.
Article 15 During the term of this Contract, if either party intends to rebuild, expand or decorate the leased real estate, both parties shall separately sign an agreement in writing.
For the situation specified in the aforesaid paragraph, if it is subject to approval of relevant authority, the rebuilding, expansion or decoration shall not be conducted without the approval of relevant authority.
Article 16
□ During the lease term, Party B may wholly or partially sublet the leased real estate to a third party, and go through the registration formalities at the competent authority of real estate releasing. The term of the sublet shall not exceed the lease term hereunder.
√ Party B shall neither wholly nor partially sublet the leased real estate to a third party with the exception that during the lease term, with the written consent of Party A, Party B may go through the registration formalities at the competent authority of real estate releasing. The term of the sublet shall not exceed the lease term hereunder.
□ Party B shall neither wholly nor partially sublet the leased real estate to a third party during the lease term.
(Both parties shall select one of the three paragraphs above at their own discretion by marking a “√” in the corresponding □).
Article 17 During the term of this Contract, if Party A intends to transfer whole or part of the ownership of the leased real estate, Party A shall give Party B a one-month prior written notice. Party B shall enjoy priority for purchasing the real estate.
If the leased real estate is transferred to a third party, Party A shall be obliged to notify the transferee to proceed to perform this Contract when signing a transfer contract.
Article 18 During the term of this Contract, in any of the following circumstances, this Contract may be terminated or altered:
1) Force majeure takes place, making this contract in executable;
2) The government expropriates, purchases, retrieves or dismantles the leased real estate; or
3) Both parties agree through consultation.
Article 19 In any of the following circumstances, Party A may:
√ claim Party B for damages or losses;
√ not refund the deposit; and
□ request Party B to pay a penalty of RMB ________ (say _______________ only).
(Both parties shall negotiate to select one of the three methods above and mark a “√” in the corresponding □.):
1) Party B delays the payment of the rent for over 6 days (____ months);
2) Party B’s delay in payment may cause Party A’s loss of various expenses more than RMB 1,000;
3)
Party B takes advantage of the leased real estate to conduct illegal activities, which damage public interests or other individual’s interests;
4) Party B changes the structure or purpose of the leased real estate without the permission of Party A.
5) Party B breaches Article 14 hereof by neither bearing repair responsibility nor paying the repair expenses, causing severe damage to the real estate or facilities;
6) Party B decorates the leased real estate without permission of Party A or approval of relevant authority; or
7) Party B sublets the released real estate to a third party without the permission of Party A.
In such case, in addition to prosecuting Party B’s liability for the damage or the breach of this Contract, Party A may terminate this Contract or propose an alternation to its articles according to the above conditions.
Article 20 In any of the following circumstances, Party B may:
√ claim Party A for damages or losses;
□ request Party A to refund double amount of the deposit; and
□ request Party A to pay a penalty of RMB ___ (say _______________ only).
(Both parties shall negotiate to select one of the three methods above and mark a “√” in the corresponding □.)
1) Party A delays the delivery of the leased real estate for over 6 days (___ months);
2) Party A breaches the first paragraph of Article 11 hereof, making it impossible for Party B to realize the lease purpose;
3) Party A breaches Article 13 hereof by neither bearing repair responsibility nor paying repair expenses; or
4) Party A rebuilds, expands or decorates the leased real estate without permission of Party B and approval of relevant authority.
In such case, in addition to prosecuting Party A’s liability for the damage or the breach of this Contract, Party A may terminate this Contract (after receiving compensation, Party B shall notify Party A in writing and return the leased real estate) or propose an alternation to its articles according to the above conditions.
Party B shall not pay rent to Party A during the period from the date Party A receives the notice to the date Party B gets compensation.
Article 21 Upon termination of this Contract, Party B shall move out of and return the leased real estate within 1 day and ensure that the leased real estate and its attached facilities are in good condition (except normal wear). Meanwhile, Party B shall settle various expenses which it shall be liable for and handle relevant delivery formalities.
If Party B fails to move out of or return the leased real estate upon expiration of the lease, Party A shall be entitled to take back the leased real estate and charge Party B double amount of the rent for the period after the expiration of the lease.
Article 22 Upon expiration of the lease term agreed herein, if Party B intends to renew the lease, it shall propose the renewal to Party A 2 months prior to the expiration date of the lease. Under the same conditions, Party B shall enjoy priority for leasing.
If both parties agree upon the renewal of the lease, they shall conclude a contract separately and register at the contract registration authority.
Article 23 Both parties shall conscientiously implement the provisions agreed herein. If either party breaches this Contract, it shall be liable for the breach according to the provisions herein.
Article 24 Any matter not covered herein shall be agreed upon separately by both parties in the appendix of this Contract. The contents in the appendix constitute a part of this Contract and shall have the same legal effect as this Contract after being signed by both parties.
Any agreement on amending of any content of this Contract reached by both parties during the lease term shall be registered at the original contract registration authority. The registered agreement shall have the same legal effect as this Contract.
Article 25 Any dispute arising out from this Contract shall be solved by both parties through consultation. If no agreement is reached through consultation, the dispute shall be submitted to the contract registration authority for intermediation. If the dispute is not settled through intermediation, it shall be submitted to:
□ Shenzhen Arbitration Commission for arbitration;
□ China International Economic and Trade Arbitration Commission, Shenzhen Branch for arbitration; or
√ The People’s Court.
(Both parties shall agree upon one of the above solutions to the dispute and mark a “√” in the corresponding □)
Article 26 This Contract shall come into force from the countersigning date.
Both parties shall register or put on record of this Contract at the competent authority within 10 days from the countersigning date.
Article 27 Chinese version of this Contract shall be deemed as the original.
Article 28 This Contract is made in quadruplicate, 1 for Party A, 1 for Party B, 1 for the contract registration authority and 1 for relevant authority.
Party A (Signature & Seal):
Legal Representative:
Tel: 13688808685
Bank Account No.:
Authorized Agent (Signature & Seal): Date: June 30, 2009
Party B (Signature & Seal):
Legal Representative:
Tel:
Bank Account No.:
Authorized Agent (Signature & Seal): Date: June 30, 2009
Registrar or Record-keeper (Signature & Seal):
Contract Registration/Record-keeping Authority (Signature & Seal):
Date: August 11, 2009
