Article 1 Parties to enter into the contract:
Party A: (hereinafter referred to as the Lessor): ________________________
Address: ____________ Postal code: ____________ Telephone: ____________
Legal representative: ____________ Title: ____________
Party B: (hereinafter referred to as Lessee): ________________________
Address: ____________ Postal Code: ____________ Phone: ____________
Legal Representative: ____________ Title: ____________
Second Article According to the Lessor's public bidding and the Lessee's bidding and defense, and after the final evaluation by the Bid Evaluation Committee, ________ and its partners are determined to be the successful Lessee. The Lessor and the Lessee hereby enter into this Contract in accordance with the basic contents determined by the bidding tender.
Article 3 The leasing parties state that the leasing operation is a new type of socialist business mode, and are willing to create a new experience of enterprise leasing operation under the premise of revitalizing the enterprise and improving economic efficiency.
Article 4 After the lease operation, it is still a state-owned enterprise.
Article 5 After the lease operation, the company must adhere to the socialist direction, implement the guidelines, policies, laws, regulations and ordinances of the Party and the State, and operate in accordance with the law.
Article 6 The business scope and product direction should, in principle, be in line with the characteristics and development plan of the industry.
Article 7 After the lease operation, it shall become an independent accountant, pay taxes according to the rules, operate independently, be responsible for profits and losses, and have the ability of self-transformation and self-development.
Chapter II Lease Term, Property and Rent
Article 8 The term of lease operation shall be ____ years, i.e., from the date of ____ month of ____ to the date of ____ month of ____.
Article IX The factory **** has property ____ yuan, of which; state assets ____ yuan, working capital ____________ yuan. It is leased to the lessee's autonomous operation.
Article X. The rent is set at ____ dollars, payable for ____ years.
Of which:
________ yuan for the year ________;
________ yuan for the year ________;
________ yuan for the year ________;
Article 11 The rent is to be paid in one lump sum within 30 days after the year of the year in which it is due and is to be transferred by the bank.
Article XII the lessor for the development needs of the plant, the rental income back to the lessee, as funds for expanding production, should be increased accordingly. The lessee shall make the funds for special purposes.
Article XIII of the lessee of the leased fixed assets, should draw no less than ____% of the depreciation fund and ____% of the overhaul fund, must be earmarked.
Article XIV of the plant before the lease operation of the debt, by the lessor to settle.
Article 15 the lessee with personal income to the plant investment, property rights belong to the lessee, the expiration of the lease, you can take away, or discount to the next lessee.
Chapter III Lessee's rights and obligations
Article XVI Lessee's rights
1. Lessee is the legal representative of the plant during the lease operation and ex-officio director. The lessee representative of the partnership lease is the legal representative and deputy factory director.
2. The lessee has the full right to use the leased property.
3. The lessee has full autonomy over the operation of the plant.
4. The lessee has the right to set up the organization for the management of the plant; the right to appoint and dismiss personnel; the right to appoint professional and technical personnel; the right to reward and punish, recruit and dismiss employees.
5. The lessee has the right to choose the form of wages, to set the standard of wages and to distribute the funds.
6. The profits remaining after the factory pays taxes shall be at the tenant's disposal, and the method of distribution may be decided by the tenant in consultation with the employees.
7. Starting from the month of leasing, the lessee shall stop paying wages and bonuses, but retain the original salary grade and enjoy the right to promotion unified by the State. File salary is allowed to be included in the cost.
8. During the period of lease, the lessee enjoys the labor insurance and welfare treatment and public medical treatment provided by the state for employees of nationally owned enterprises.
9. The lessee of the leased equipment idle and useless, backward technical performance of the old equipment, you can put forward the disposal of opinions, the lessor agreed to go through the formalities for renewal and reconstruction.
Article XVII Obligations of the lessee
1. The lessee must pay all kinds of taxes, fees and co-ordination funds in accordance with the relevant provisions, including the National Energy and Transportation Key Construction Fund.
2. The lessee must pay the rent in full.
3. The lessee must ensure that the leased plant and equipment are in good condition, and carry out regular maintenance of the equipment in accordance with the relevant provisions of the equipment management. Without the consent of the lessor shall not sublease, subcontract others to operate.
When the contract is terminated, the lessee shall ensure that the net value of the leased fixed assets is not reduced.
The lessee shall carry out property insurance on the leased plant and equipment.
4. The lessee shall consciously accept the supervision of the party organization, respect the democratic rights of the workers, report to the workers, and listen to their opinions and rationalization suggestions.
The lessee shall support the work of the grass-roots party organizations, trade unions and **** youth groups, and settle the salaries of the required personnel and the necessary funds for their activities and places for their activities.
5. The lessee must safeguard the lawful rights and interests of the workers of the plant, and should, on the premise of improving economic efficiency, constantly raise the average income of the workers and constantly improve their labor conditions and welfare treatment.
6. The lessee shall have property worth ____ yuan as collateral, and the collateral shall have only the right to use and no right of disposal during the lease operation. The collateral shall apply for home property insurance. The security deposit shall be paid to the lessor for deposit in the bank and the interest shall belong to the lessee.
Chapter IV Rights and Obligations of the Lessor
Article 18 Rights of the Lessor
1. Has the right to collect rent from the lessee on time and in full.
2. The right to supervise the leased property from damage.
3. The right to supervise the direction of our products.
4. The right to supervise and audit the finances of the factory.
5. The right to inspect the quality of the products of the factory.
6. The right to safeguard the legitimate rights and interests of the workers of the factory.
Article 19 Obligations of the lessor
1. According to the lessee's request, actively assist in solving the difficulties and problems in business activities.
2. It shall not violate the provisions of the contract, interfere with the operating autonomy of the lessee, and interfere with the operating and management activities of the lessee.
3. It shall not equalize the equipment and special assets of the plant
4. It shall safeguard the lawful rights and interests of the lessee in accordance with the provisions of the contract.
Chapter V. Change, Cancellation and Termination of the Contract
Article 20: After the contract has entered into force, it shall be legally binding, and no party shall be allowed to change or cancel it arbitrarily, and when it is necessary to change or cancel the contract, it shall be agreed by consensus between the two parties and a written agreement shall be reached.
Article 21 During the fulfillment of the contract, if there is a big change in the national policy and the time of signing the contract, the affected party can propose to change or cancel the contract.
Article 22 If the lessee's mismanagement or major decision-making mistakes cause losses or major losses to the factory for more than one consecutive year, the lessor may terminate the contract without being liable for breach of contract, and retains the right to demand compensation for the losses from the lessee.
Article 23 If the lessee is unable to continue its business due to the lessor's violation of the provisions of the contract by interfering with the lessee's operation and management activities, or if the lessee's lawful income is not guaranteed, the lessee shall have the right to terminate the contract and demand that the lessor bear the responsibility for the breach of contract.
Article 24 When the contract cannot be fully performed or cannot be performed due to force majeure, the contract can be changed or canceled after consultation between the two parties.
Article 25 The contract shall be terminated upon the expiration of the lease period.
Thirty days before the expiration of the lease period, the lessee will be the plant's fixed assets and liquidity assessment form and debt, debt balance sheet to the lessor for review, the lessor together with representatives of the relevant departments of finance, taxation, banking, auditing and other audit, audit, after the examination of the correctness of the lease signed by representatives of the two parties, the lessee can leave.
Article 26 After the expiration of the lease period, the plant is still to be leased to operate, the lessee, under the same conditions, has the right of priority to lease.
Chapter VI Liability for breach of contract
Article 27 The two parties to the lease shall fully and practically fulfill the contract, and shall be liable for breach of contract for non-performance or incomplete performance of the contract, in accordance with the relevant provisions of the Contract Law of the People's Republic of China*** and the State.
Article 28 If the lessee fails to pay the rent on time, he shall be liable for breach of contract, pay the default penalty of ____% of the rent of the year and pay the late payment fee at the rate of 10,000ths of ____ per day.
Article 29 The lessee is unable to pay the rent, shall be paid by risk deposit, risk deposit is insufficient to pay the rent, the lessee should be collateral or collateral (the guarantor's deposit) offset against the rent.
Partners in a joint tenancy are jointly and severally liable.
Article 30 The expiration of the lease period, the lessee can not return the leased property according to the quality, the lessee shall compensate for the loss and pay the missing quantity of the value of ____% of the liquidated damages.
Article 31 The lessor violates the provisions of the contract, shall bear the responsibility for breach of contract, causing economic losses to the lessee, shall compensate for the direct losses and pay the year's rent ____% of the liquidated damages.
Article 32 After a dispute between the two parties to the lease, shall be resolved by consultation or mediation; if the consultation or mediation fails, the dispute may be brought to the people's court.
Chapter VII Supplementary Provisions
Article 33 In the event of an accident to the lessee's representative, the partners shall elect another lessee's representative in accordance with the partnership agreement.
Article 34 The Lessor's "Lease Business Plan", "Tender" and the Lessee's "Bid", "Reply Material" are all parts of this contract, and the text of the contract has the same legal effect, if there is any contradiction with the text of the contract, the text of the contract shall prevail.
Article 35 This contract shall come into effect after it is signed by the representative of the lessor and the representative of the lessee and notarized by the notary public.
Representative of the lessor: (signature) ____________
____ year ____ month ____ day
Representative of the lessee: (signature) ____________
____ year ____ month ____ day