This sample office tenancy agreement is provided by Beijing Key Solution Realty Co., Ltd. www.china-realestate.cn thanks the contribution of Beijing Key Solution Realty Co., Ltd. Contacts of Key Solution, Tel: 86 10 51668970
AGREEMENT OF LEASE
出 租 人：
承 租 人：
WHEREAS the Lessor and the Lessee have agreed to enter into this Lease.
NOW THEREFORE THIS MEMORANDUM OF AGREEMENT OF LEASE WITNESSETH that in consideration of the rents, covenants, obligations and agreements hereinafter reserved and contained:
ARTICLE 1 : Lease of Premises
第一款 出租人出租，承租人租赁中国北京市 ， 单元 , 共
平 方 米，此房间称为 “ 所租房间 ” 。
The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor, the Leased Premises : , with a total gross floor area of square meters .
ARTICLE 2 : Term
第一款 本租约有效期限为二（ 2 ） 年，起租日期为 200 年 月 日，终止 日期为 200 年 月 日。 自该起租日起，本租约除依照其相关条款提前终止外，将持续生效，直至终止日期止。
TO HAVE AND TO HOLD the Leased Premises for and during the period of two ( 2 ) years which shall be deemed to have commenced on March 200 and determined on 2009. this Lease shall continue in full force and effect unless earlier terminated under the
provisions of this Lease.
第二款 出租人及承租人在此同意，在双方签署本租约并承租人按合同规定支付了押金及首期租金后五日内，所租房间将正式交付给承租人使用，承租人有权对所租房间进行装修人（需通过物业及消防审批）。 年 月 日至 200 年 月 日 为免租期，承租人勿需支付租金，但须支付物业管理费。
Both Parties hereby agree, within 5 days after both Parties has signed this Lease agreement and Lessee has paid the deposit and rent according to the lease, The leased Premise shall be handovered to Lessee for fitting out work (provided the fitting out plan has been approved by the management comopnay of Fulllink Plaza and other relavant authorities). 2007 to 29 2009 is rent free peroad, Lessee shall not be charged for the rent but the property management fee..
ARTICLE 3 : Rent
第一款 月租金为 RMB / 月 , 租金包括物业管理费。自起租日期始，承租
The rent is RMB /month , rent including management fee, the Lessee shall pay to the Lessor every three months, Lessor shall provide official tax receipt within five working days after receipt of the rent.
The rentals shall be paid Five (5) days in advance as provided above.
第三款 承租人所有延期支付的租金均要承担相当于应付款 6% 的年利息，计 息期自应付租金当日至实际付款日止。
All rent in arrears shall bear lending interest at 6% compounded annually from the date on which the same became due until the date of payment thereof.
ARTICLE 4 : Cash Deposit
第一款 在本租约签订的同时，承租人须付给出租人相当于二个月房屋租金与管理费的押金 (RMB ) , 以作为若承租人不能忠实履行本租约所 有义务时的保障；承租人亦应同时 向出租人缴付其前两个月的房屋租金及装修期的物业管理费。
The Lessee shall, upon signing of this Agreement of Lease, forthwith pay an amount of cash equivalent to the rentals and management fees for Two (2)
months (RMB ) as the Cash Deposit to ensure its faithful
fulfillment of all obligations under this Agreement of Lease; and the first two months' rental and management fees at the same time. The management fee of the fitting out period shall also be paid at same time.
第二款 如承租人在整个租期内并未违约， 则出租人须将承租人所缴纳的押金，在
Provided that the Lessee is not in default hereunder throughout the whole term of the Lease, the Lessor shall, not later than one month after the Expiry Date
and return of the Leased Premises, return the Cash Deposit in full to the Lessee without paying any interest or compensation necessary.
ARTICLE 5 : Use of Leased Premises
The Leased Premises shall be used for the purposes of an commercial office and for no other purpose.
ARTICLE 6 : Repairs and Maintenance
第一款 尽管一切受中华人民共和国法律保护，但作为一个细心的使用者，承 租人仍需自己支付费用，对所租房间进行维护、修缮，以保证所租房间运作正常。此维修义务还包括承租人在所租房间内所做的所有改装、改造以及由此所造成破坏的连带修理等等。
Notwithstanding the provisions of the law of the People's Republic of China, the Lessee shall, as a careful owner would do, at all times during the Term, at its own cost and expense, maintain, keep in good order and repair, replace, decorate the Leased Premises and all equipment and fixtures provided for the Leased Premises, whether or not located therein, and any improvements now or hereafter made to the Leased Premises. This obligation to repair includes any renovations, modifications, alterations of changes made by the Lessee and all damages caused hereby and all adverse effects such Leasehold Improvements installed by the Lessee.
第二款 大厦内所有需修理事宜，无论是属于出租人或承租人的责任，出租人或其授权代表均可在保证房屋安全并维持其正常运作的前提下，以提前 24 小 时通知承租人的方式，于合理工作时间内，进入所租房间；紧急情况则可在任何时间进入。
The Lessee further agrees to permit the Lessor and / or its authorized representatives to enter the Leased Premises during reasonable business hours after prior notice of Twenty-Four (24) hours and at all times during emergencies. The Lessor may make all repairs, whether Lessor or Lessee is obliged to make same, as are necessary for the protection of its interest in the Leased Premises and to maintain the Leased Premises in a good and safe state of repair and condition, provided the Lessor has given reasonable notice of the repairs required to be made and of its intention so to do. Any expenditure for any such work done by the Lessor, which the Lessee is obliged to do, shall be deemed to be additional rent payable by t the Lessee to the Lessor on the first day of the next succeeding calendar month, the whole without prejudice to any of the Lessor's other rights.
The Lessee shall repair all broken glass, with the same kind and quality as that which may be broken by the Lessee.
The Lessee shall give to the Lessor prompt notice of the necessity for any repairs of which Lessee is aware in or about the Leased Premises for which the Lessor is responsible.
ARTICLE 7 : Destruction
第一款 在本租期内，无论何种原因，所租房间发生全部或部分损坏，以致所租房间完全不能入住，或损坏严重不能修复，在上述损坏发生后的 90 天内，出租人有权选择：
If during the Term of this Lease, the Leased Premises ( including any alterations thereto ) are damaged or destroyed in whole or in part by case cause, so as to render the said Leased Premises wholly unfit for occupancy or if they be so badly injured that they cannot be repaired with reasonable diligence within Ninety (90) days of the happening of such injury (subject to delays due to force majeure, cas fortuit, labor dispute and other causes beyond the reasonable control of the Lessor ), the Lessor shall have the option either:
to declare this Lease terminated from the date of such damage to destruction; or
b) 敬告承租人以迅速方式修缮所租房间所需的时间 ( 可能需时超过 180 天 ) ， 但不废止租约，而租金及其 它费用则从重建或重修结束之日起另行计付。
To advise Lessee that it is prepared to repair the Leased Premise
within a delay greater than One Hundred and Eighty (l80) days and
does not wish to cancel the Lease. In such case, the rent and a ll other payments hereunder shall recommence after the rebuilding and/ or repair completed .
If the Leased Premises shall be so slightly damaged as to be partially fit for occupancy and use for the purpose of the Lessee's business, then the Lessor shall repair the same with reasonable promptitude and the rent shall abate in part only in the proportion of the extent that possession or enjoyment is fully restored. All abatements of rent shall be calculated on a per diem basis.
In the event of a rebuilding or repair in the terms aforesaid of the interior of the Leased Premises, the Lessor shall be responsible only for the rebuilding or repair to the extent of the Lessor's original work, it being understood that the Lessee shall be responsible for the rebuilding and/or repair of its fixtures, equipment, alterations, additions or replacements originally installed by the Lessee or on its behalf.
ARTICLE 8 : Alteration
第一款 承租人或其授权代表对所租房间做的任何改进或替换部分须在本租约 或其延续期终止时保持完整 ( 天花吊顶 , 隔段墙等 )
Any personal property fixtures, fittings, additions, alterations or replacements which the Lessee or any other person appointed by the Lessee may make, may at the termination of this Lease or any renewal hereof be removed to the Lessor's satisfaction by and at expense of the Lessee unless with the Lessor's written agreement).
ARTICLE 9 : Expiration
第一款 无论在本租约期满终止日还是在租期提前终止的情况下，承租人需准时把所租房间连同任何属于出租人拥有的出租物件完好归还 ( 正常的折旧及不可抗力的灾害的破坏除外 ) 。如承租人要续租所租房间，需要在租约终止日前三个月内以书面形式通知出租人，所有条款需要重新讨论，租约要重新签订。
The Lessee shall, at the expiration or sooner termination of the Term of this Lease, whichever may be the case, peaceably surrender and yield up unto the Lessor, the said Premises hereby leased with the appurtenances, together with all buildings or erections which at any time during the said Term shall be made therein or thereon in good and substantial repair and condition, excepting in respect of reasonable wear and tear, damage by fire, lighting, tempest, riot, insurrection, impact by aircraft, acts of God and casualties covered by the usual extended form of fire insurance policy. Should the Lessee intends to extend or renew the Term of this Lease, the Lessee shall notify the Lessor in writing Three (3) months before the expiration of the Lease. All terms and conditions shall therefore be rediscussed and signed.
第二款 出租人或其代表、授权人，须提前 24 小时通知承租人，方可在正常工作时间内礼貌地进入承租人所租房间 , 而不至于无故影响承租人或其授权人的正常工作。出租人进入的目的为：
The Lessor, or any other person appointed by the Lessor or its agents, shall after prior notice of Twenty-Four (24) hours, have the right to enter the Leased Premises during normal business hours in a manner so as not to unreasonably interfere with the operations of the Lessee or any of its assignees or licensees for the purposes of :
( 在本租约终止前三个月内 ) 向潜在租户展示所租房间；
exhibiting the Leased Premises (within Three (3) months prior to the expiration of the Term of this Lease) to prospective tenants; and
exhibiting the Leased Premises for the purpose of sale.
ARTICLE 10 : Compliance with Laws and Regulations.
The Lessee shall observe and fulfill the provisions of all statutes, rules and regulations, all of which may be applicable to the Leased Premises, the fixtures and equipment thereof, or relating to the use of the said Leased Premises, and in default thereof, the Lessor may procure to be done any work necessary to comply therewith and may charge the cost thereof against the Lessee and shall have the same right to recover the money so paid as if the same were arrears of rent reserved in respect of the said Leased Premises.
The Lessee shall at its own cost and expense obtain any licenses and permits required for the operation of its business, and the inability on the part of the Lessee to obtain same shall not affect the validity of this Lease which shall continue in full force and effect even should same be unattainable.
ARTICLE 11 : Expropriation
If the whole of the Leased Premises shall be expropriated by any public authority, then the term hereof shall thereupon cease insofar as it covers the premises so taken by such public authority and the Tenant shall be liable only for rent in respect of the Premises so taken up to the day of taking thereof, and if a substantial part, less than the whole be so taken, then either party shall have the option of canceling or terminating this Lease, but notice of such cancellation must be given to the other party within One (1) month after notice of such taking has been received by the giving notice. All compensation or damages awarded in respect of such taking of the Leased Premises and any diminution in value of the remainder thereof shall be the property of the Lessor.
ARTICLE 12 : The Lessee's Responsibilities
The Lessee shall on time pay the cash deposit, rent, electricity, telephone, distance calls and telex fees as well as other service charges relating to the Leased Premises.
The Lessee shall not sublet, transfer the Leased Premises to a third party, and /or share the Leased Premises with any another party without the Lessor's consent.
Without the Lessor's consent, the Lessee shall not place or install any X-ray, inflammable, explosive materials and heavy equipment in, on or to the Leased Premises. The Lessor reserves the right to limit the weight of any fixtures and equipment, the capacity of any electrical machinery and / or appliances installed in the Leased Premises.
Subject to the permitted use of the Leased Premises in accordance with what is herein contained, the Lessee covenants that it shall observe and comply with the requirements of all policies of building management, security and insurance at any time in force with respect to the Building, and that nothing will be done or omitted to be done violating any of the above mentioned policies, nor cause any damages in terms of increase of insurance, penalties, fine, etc, in whichever cases the Lessee shall fully compensate the Lessor and completely cease and desist whatever it may be doing or omitting to do that causes such damage immediately.
The Lessee covenants with the Lessor that it will not do, or omit to do, anything upon or in respect of the Leased Premises, which shall be or result in a nuisance.
The Lessee shall not stock or position anything in the lobby, exit, hallway or stairs of the building.
The Lessee covenants with the Lessor that unless there is gross fault and / or negligence on the part of the Lessor, the Lessor shall not be liable nor responsible in any way for any injury of any nature whatsoever or death that may be suffered or sustained by the Lessee or any employee, agent or customer of the Lessee or any other person who may be in, about or upon the Leased Premises or for any loss of or damage to any property belonging to the Lessee or to its employees or to any other person while such property is in, on or about the Leased Premises and, in particular, the Lessor shall not be liable for any damage or damages of any nature whatsoever to any such property caused by the failure by reason of a breakdown or other cause, to supply adequate drainage, or by reason of the interruption of any public utility or service or in the event of steam, water, wind, rain, sprinkler if any, issue or flow from any part of the Building and / or from Lessor's employment, or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electrical or other wiring or for any damage caused by anything done or omitted by any tenant. Nor shall the Lessee be entitled to any abatement of rental in respect of such condition, failure or interruption of service.
ARTICLE 13 : The Lessor's Responsibilities
The Lessor shall finish the Premises with wall to wall carpet, lighting, ceiling before renting to the Lessee.
The Lessor shall supervise the property management company to maintain the building in good order for use. In the event the normal operation of the equipment or supply of water and air-conditioning suspends due to force majeure beyond the Lessor's control, the Lessor shall bear no responsibilities.
ARTICLE 14: Liability for Breach of Lease
第一款 承租人如违反本租约，在未得到出租人的书面同意时 , 不得将所租房间内的设施和物品迁出。 If the Lessee shall be in breach of the Agreement of Lease, its facilities and
goods in the Leased Premises shall not be moved out without the prior written consent of the Lessor.
ARTICLE 15 : Termination of the Agreement of Lease
If the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease and fails to take any remedy measures to the Lessor's satisfaction within Seven (7) days after receipt of the Lessor's written notice, the Lessor shall have the right to use or deduct all or part of the Deposit and to terminate this Agreement of Lease, the amount shall be equal to the amounts due to the Lessee. Should the amount of the Cash Deposit be insufficient due to the deduction by the Lessor according to the Agreement of Lease or other reasons, the Lessee shall forthwith on demand of the Lessor pay to the Lessor a further deposit in such insufficient sum.
第二款 如承租人在租期未满前要求提前终止本租约，出租人有权 ：
In the case that the Lessee intends to terminate this Agreement of Lease before the Expiry Date, the Lessor shall have the right to :
a) 没 收 全 部 押 金 作 为 赔 偿， 并 终 止 租 约， 或
forfeit the Deposit as the compensation to the Lessor, and terminate the Lease; or
拒 绝 终 止 租 约， 并 要 求 承 租 人 承 担 支 付 全 部 租 金 之 责 任。
refuse to terminate, and hold the Lessee for the responsibility of the full amount of the rental.
ARTICLE 16 : Notification
至对方的法定地址或对方最后书面通知的营业地点 ; 挂号寄出日或送达
Any notice, demand or request in connection with the Agreement of Lease which any party shall give to any other party shall be in writing and shall be deemed to have been validly given if delivered at, or mailed by the registered mail to the address as such party shown in this Lease or to such other address as such party shall have given written notice, and shall be deemed to have been received at the time that it was so delivered or in the case of those given by registered mail, on the date of delivery, in the ordinary course of registered mail delivery. All legal proceedings may be served upon Lessee at the Leased Premises.
ARTICLE 17 : Arbitration
In the event of any dispute or difference of opinion between the parties hereto arising out of or connection with this Agreement of Lease, each of the parties shall use its best effort to settle such dispute or difference of opinion amicably by negotiation. Any such dispute or difference of opinion which cannot be amicably settled by negotiation shall be finally settled by arbitration pursuant to the prevailing rules of China International Economics and Trade Arbitration Commission in Beijing by which each party hereto is bound.
BOTH PARTIES HEREBY AGREED TO HAVE THIS LEASE PREPARED AND EXECUTED AND DELIVERED IN ENGLISH.
承租人签字： 代 表