1. This Contract shall be applicable to the preleasing of commodity housing and the leasing of premises for which the rent is determined by negotiations based on the principle of market orientation within the administrative area of this municipality, excluding leasing of the public residential premises leased according to the rent standards prescribed by the municipal government, public welfare non-residential premises leased by administrative deployment and constructed by government investment and the private residential premises leased before the implementation of the Regulations in accordance with the rent standards prescribed by the municipal government.
2. Preleasing shall be restricted to the commodity housing invested in and constructed by real estate development enterprises that has obtained the pre-sale license. However, the commodity housing that has been pre-sold by a real estate development enterprise shall not be preleased. The purchasers of the pre-sold commodity housing shall not prelease the pre-sold commodity housing.
3. The term [lease] or [prelease] referred to herein are note symbols, indicating that such provisions are applicable to leasing or preleasing. When this Contract is used as a lease contract for premises, only the contents marked with [lease] shall be adopted; when using as a prelease contract for commodity housing, the contents marked with [prelease] and the provisions in the part preleasing related matters of the Supplemental Terms herein shall be adopted. Other provisions not marked with [ ] shall be general terms applicable to preleasing or leasing.
4. Where this Contract is used for the preleasing of commodity housing, when the construction of the commodity housing is completed and the real estate development enterprise completes the initial real estate registration and obtains the real estate ownership certificate for the premises, the parties to the prelease contract shall execute the handover letter for the use of the commodity housing. After such handover letter for the use of the commodity housing becomes effective, the performance of the terms with respect to prelease in such contract shall be completed.
5. This Contract is a template (for trial) formulated by Shanghai Housing and Land Resources Administration and Shanghai Administration for Industry and Commerce in accordance with the Premises Lease Regulations of Shanghai Municipality. The terms of this Contract are suggestive for the consideration and adoption by the parties to the lease. Any matter not provided herein may be specified by Party A and Party B by entering into supplemental contracts upon mutual agreement of the parties.
6. Before the execution of this Contract, the Lessor shall present the real estate ownership certificate or other proof of title to the Lessee and the real estate development enterprise shall present the pre-sale license to the lessee to the prelease. The parties should also crosscheck the relevant identity proof of each other. Where the premises is leased to a person who is not a resident of Shanghai, the Lessor shall also present the Premises Lease Security Permit issued by the relevant public security authority.
7. Within 15 days from the execution of this Contract, the parties hereto shall complete the registration and filing of this Contract. In the case of lease for premises, this Contract shall