Use and Maintenance of the Leased Premises
If the Lessee finds any damage or anomaly on the Leased Premises and/or auxiliary facilities thereof during the Term, the Lessee shall promptly notify the Lessor on the necessary repair and restoration. The Lessor shall repair and restore within three days upon receiving such notice from the Lessee. Where the Lessor fails to make such repair or restoration within the specified time limit, the Lessee may do the same at the reasonable cost of the Lessor.
The Lessee shall reasonably use and protect the Leased Premises and auxiliary facilities thereof during the Term. Any damage or anomaly to the Leased Premises and/or any auxiliary facilities thereof due to improper or unreasonable use by the Lessee shall be repaired and restored by the Lessor at the cost of the Lessee. The Lessor shall provide the receipt of payment for such repair and restoration.
The Lessor ensures that the Leased Premises and auxiliary facilities thereof are in a normal, serviceable and safe condition during the Term. The Lessor shall give a three days’ prior notice to the Lessee in the case of any repair or maintenance thereto, for which the Lessee shall provide cooperation. The Lessor shall minimize the impact of such repair or maintenance on the Lessee.
Subject to Annex 3 hereto, any improvements or additions to the Leased Premises by the Lessee shall be subject to prior written consent of the Lessor and, if applicable, be reported by the Lessor to relevant authorities for approval before they are made. The auxiliary facilities and equipments added by the Lessee and the responsibilities for repair thereof shall be separately negotiated and agreed upon in writing between the Parties.
Condition of Leased Premises upon Return
Unless the Lessor agrees on extension of the lease, the Lessee shall return the Leased Premises to the Lessor on the date when this Contract expires. If the Leased Premises are returned after that date without consent of the Lessor, the Lessee shall pay the Lessor a penalty double the daily rental for each day of delay.
The Leased Premises shall be in such a condition as after normal use upon return. The Leased Premises shall be examined by the Lessor upon return and, if accepted, the costs and expenses payable by each Party shall be settled.
Sublet, Transfer and Exchange
Unless the Lessor agrees on subletting by the Lessee in the Supplementary Clauses, the Lessee shall not sublet or assign the Leased Premises in part or in whole to any third party without prior written consent of the Lessor within the Term. Any room of the Leased Premises shall not be divided into sub-parts during subletting.
The Lessee shall, when subletting the Leased Premises, enter into a subletting contract as required with the party accepting subletting and file with the District or County Real Estate Trade Center or the farm system filing office at the place of the Leased Premises.
The Lessee shall not transfer the Leased Premises to other lessees or exchange the Leased Premises with any other person during the Term without prior written consent of the Lessor. After such transfer or exchange, the transferee or exchanging party shall enter into a contract on change of the Lessee hereto with the Lessor and continue to perform this Contract.
If the Lessor sells the Leased Premises during the Term of this Contract, the performance of this Contract shall not be affected. In the event of a sale to a 3rd Party, the Lessee shall waive the right of first refusal to purchase the Leased Premises.
Termination of the Contract
The Parties agree that this Contract may be terminated during the Term in any of the following circumstances and the Parties shall not assume any liability onto each other:
The right to use the land within the occupancy of the Leased Premises are taken back according to law;
The Leased Premises are confiscated for public interests acceding to law;
The Leased Premises are damaged, lost or declared dilapidated;
The Leased Premises are legally included into the scope of demolition to accommodate the needs of urban construction; or
The Parties agree that the non-breaching Party may terminate this Contract by a written notice in any of the following cases, and the breaching Party shall pay the non-breaching Party a penalty double the monthly rental. Where any loss incurred to the non-breaching Party is not fully covered by the penalty paid, the breaching Party shall pay the difference between the loss and the penalty.
The Lessor fails to deliver the Leased Premises within the specified time limit and still fails to do so within fifteen days upon notification by the Lessee;
The Leased Premises delivered by the Lessor do not comply with this Contract and render it impossible to meet the purpose of lease, or have defects that may make the Leased Premises uninhabitable;
The Lessee changes the purpose of the Leased Premises without written consent of the Lessor and causes damage to the structure thereof;
The main structure of the Leased Premises is damaged due to causes attributable to the Lessee;
The Lessee sublets or transfers or exchanges with others the Leased Premises without written approval of the Lessor; or
The rental payable by the Lessee is overdue more than thirty days.
Liabilities for Breach of Contract
Where the Leased Premises are found to have any defects that make the Leased Premises uninhabitable upon delivery, the Lessor shall repair such defects within five (5) days upon delivery. If the Lessor fails to do so within the specified time limit, the Lessor agrees to reduce the rental and alter relevant rental provisions.
This Contract and its annexes are made in three original copies, one for each of the Parties and one for Phoenix Property Agency.