Traditional Culture Encyclopedia - Hotel franchise - subscription agreement
subscription agreement
Subscription Agreement 1 Party A: Hangzhou XXX Real Estate Development Co., Ltd.
Address:No. ×× Road, Hangzhou.
Legal Representative: Yu XX
Party B: XX Limited
Address: ×× Road, New Territories, Hong Kong
Legal Representative: Jiang XX
According to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, through friendly negotiation, both parties have reached the following unanimous agreement on Party B's subscription of some properties in the "Hangzhou XXX Hotel" project developed by Party A, and hope that * * * will abide by it together.
Article 1: Party A has obtained the land use right (land use certificate number:) located at No.609, XX Road, Hangzhou by means of transfer, and the land use period is from (200) to (20), and the planned use is.
With the approval of relevant administrative departments, Party A will build a hotel on the above plot, tentatively named Hangzhou ××××××××× Hotel.
Article 2: Party B voluntarily purchases some shops in the above hotel from Party A, specifically:
1. independent corner shops in the northwest on the first and second floors (see attached figure 1 for details).
2. Southwest independent shops along the street at the acute angle on the first and second floors (see attached figure 2 for details).
3. The third floor of the serviced apartment (excluding the hotel banquet hall and affiliated properties) (see attached figure 3 for details).
Article 3: Agreement on the area of the store:
1. The construction area of the northwest shop on the first floor is tentatively set as square meters;
2. The construction area of the southwest shop on the first floor is tentatively set as square meters;
3. The construction area of the northwest shop on the second floor is tentatively set as square meters;
4. The construction area of the southwest shop on the second floor is tentatively set as square meters;
5. The construction area of the three-story shop is tentatively set as square meters;
The above tentative construction area is square meters, and both parties agree that the predicted area shall prevail when the pre-sale contract of commercial housing is formally signed. Party B promises that among the above-mentioned stores, the first floor is branded women's wear or women's products, the second floor is pollution-free and fume-free fast-food restaurants and pizza-style catering facilities, and the third floor is featured abalone wing restaurant.
Article 4: Party A and Party B agree that the total price paid by Party B is only based on the unit price determined in this article;
1. The unit price of northwest shop on the first floor is RMB/m2;
2. The unit price of southwest shop on the first floor is RMB/m2;
3. The unit price of Northwest Shop on the second floor is RMB/m2;
4. The unit price of the southwest shop on the second floor is RMB/m2;
5. The unit price of the three-story shop is RMB/m2;
According to the calculation of the provisional construction area in Article 3 above, the total price payable by Party B is tentatively set at RMB.
Article 5: Payment of deposit and price.
1. Party B shall pay a deposit of RMB10,000.00 Yuan to Party A within three working days from the signing date of this contract;
2. Party B shall pay RMB10,000.00 Yuan to Party A before.
3. Within seven working days after both parties sign the pre-sale contract, Party B shall pay Party A 50% of the total price of the first and second floors and all the price of the third floor except the mortgage.
4. Party A shall assist Party B to handle the mortgage of 50% of the total price of the shops on the first and second floors, and the mortgage bank provided by Party A is China Bank. The mortgage of the remaining funds of the shops on the third floor shall be handled by Party B's own bank or the mortgage bank provided by Party A, and the mortgage ratio of the bank provided by Party A is 50% of the total price of the third floor.
Article 6: Party A and Party B agree to sign the commodity house pre-sale contract within ten working days after Party A obtains the commodity house pre-sale permit. When signing the pre-sale contract through negotiation, both parties shall deal with the contents not agreed in this contract (including but not limited to the contract price and payment term and method, delivery conditions and date of the store, decoration and equipment standards, delivery commitments of water, electricity, heat, gas, communication, roads, greening and other supporting facilities and public facilities, ownership of public supporting buildings, and ways to deal with area differences, etc.).
Article 7: As the store subscribed by Party B is to transform the original building at the request of Party B, the transformed store has been confirmed in writing by the design unit, Party A and Party B (see annex), which meets the exclusive use conditions of Party B, so Party B shall bear the increased construction cost due to the design change. (The specific amount is subject to the actual amount).
Article 8: Since the subject matter under this contract is exclusively used by Party B, Party B shall not give up buying the subject matter under this contract or refuse to sign the pre-sale contract with Party A on the grounds that other terms of the pre-sale contract cannot be reached. Otherwise, Party B shall pay compensation of RMB10,000.00 Yuan to Party A in addition to the increased project cost, and shall not ask for the deposit from Party A. The paid deposit shall be regarded as Party B's liquidated damages. ..
Article 9: From the date of signing this contract to the date of signing the pre-sale contract, the contract reached by both parties on the subject matter under this contract shall be regarded as the content of the pre-sale contract, and neither party may violate it. The pre-sale contract signed by Party A and Party B serves as the basis for both parties to sign the commercial housing sales contract.
Article 10: Party B shall subscribe for the renovation of the bathroom, kitchen sewage, smoke exhaust system, air conditioning duct, partition wall and external wall of the store, and both parties shall negotiate separately and reach a supplementary contract.
Article 11: In view of the special location of the two shops on the second floor, the adjacent outdoor terrace (Attached Figure 4) will be provided to Party B for five years free of charge, but Party B shall pay the corresponding property management fee and maintenance fee. Party B promises not to interfere with the operation of other owners and business households; If Party A needs to use it temporarily, Party B shall unconditionally dismantle the corresponding furniture and appliances and deliver the site to Party A for use in time. Party B promises to start business on time according to Party A's unified opening time. Unless Party A allows it, Party B will delay the opening and pay Party A liquidated damages in RMB per day.
Article 12: In case of any dispute during the performance of this contract, both parties shall settle it through friendly negotiation. If negotiation fails, both parties agree to submit it to Hangzhou Arbitration Commission for arbitration.
Article 13: This contract is made in duplicate, one for each party, and shall come into effect after being signed and sealed by both parties.
Party A: (Seal) Party B (Seal)
Signature: signature:
date month year
Attached drawings: (omitted)
Attachment: (omitted)
Part II of Subscription Agreement Party A (Seller): ID number:
Tel: Address:
Party B (Buyer): ID number:
Tel: Address:
On the principle of equality and voluntariness, Party A and Party B reach an agreement on the transfer of the ownership of the house, and the agreement is as follows:
I. The ownership status of the Property before the transaction between Party A and Party B is as follows:
1. Party A signed the Internal Subscription Letter (hereinafter referred to as the Internal Subscription Letter) with Real Estate Development Co., Ltd. (hereinafter referred to as the developer) on, and agreed that the total price of the house (house) purchased by Party A was RMB only (RMB only has been paid to the developer, and it was agreed that Party A would lend RMB only after signing the Commodity House Purchase and Sales Contract).
For information about the house, please see the internal subscription book.
The above contract is an internal subscription signed by Party A and Party B.. Because the developer did not obtain the pre-sale permit, Party A did not sign the commercial housing sales contract, did not register with Hengshui Housing Management Bureau, and did not obtain the real estate title certificate of the house. Party B has fully understood the above situation of the house.
2. Party A guarantees that the above-mentioned contract signed with the developer is true, that the house has no other rights restrictions, and that Party A is willing to bear all the responsibilities arising therefrom.
2. Party A and Party B reach an agreement through consultation, and Party B pays Party A the house price of RMB187,000.00 Yuan only, in words: Party B pays the house price of RMB Yuan only to the developer after signing the Commodity House Purchase and Sales Contract with the developer for the purpose of buying and selling the house.
3. The actual payment methods of Party A and Party B are as follows:
1. On the date of signing this contract, that is, year, month and day, Party B shall pay Party A the house price of RMB only;
2. Both parties agree that the taxes and other formalities arising from the transfer of the house shall be borne by Party A. ..
Four. Party A's obligations are:
1. Party A is responsible for obtaining the consent of the developer and transferring the ownership of the house;
2. Party A shall assist Party B to go through the formalities for the transfer of house ownership at the developer's office on the day when the contract is signed, that is, year, month and day;
3. Party A shall deliver the relevant materials of the house to Party B on the day when Party B pays off all the house payment, and the developer shall deliver the house directly to Party B when handing over the house;
4. Party A promises to conceal from Party B the major defects of the house and the major matters affecting the house price without any reason;
5. Since Party A and Party B have signed this house ownership transfer agreement, and Party B has only paid Party A RMB yuan for the house, the internal subscription letter signed by Party A and the developer will automatically become invalid, and the house ownership has nothing to do with Party A. ..
Verb (abbreviation of verb) Obligations of Party B:
1. Party B shall pay the house payment payable to Party A on time.
2. In the future, the disputes arising from the quality problems of the house have nothing to do with Party A, but shall be settled by Party B through consultation with the developer.
This agreement is made in duplicate, one for each party, and each copy has the same legal effect.
Party A (signature): Party B (signature):
Time: time:
Article 3 of the subscription agreement Seller (hereinafter referred to as Party A): Beijing Wantong Tiandi Real Estate Co., Ltd.
Buyer (hereinafter referred to as Party B):
Party B voluntarily purchases Party A's house for the following purposes. Party B shall pay a deposit of RMB to Party A on the day of signing this Agreement. Both parties have reached an agreement on the house purchase through consultation.
Article 1: The building area of the house is square meters (including interior building area). See Annex 1 for details. The above-mentioned building area is temporarily measured by Party A, and the area measured by the surveying and mapping department shall prevail after the house is completed.
Article 2: Party A and Party B agree that when the house payment is settled, if the error between the actually measured building area and the temporarily measured building area does not exceed% (inclusive), the house payment shall be settled at the unit price stated in Article 3 of this agreement; If the area error of the house exceeds the agreed range, both parties agree to treat it as follows (in words) within days after Party A submits the measured area data of the surveying and mapping department to Party B:
1. Party B has the right to terminate this agreement. The dissolution of this Agreement shall come into effect as of the date when Party B's written notice reaches Party A, and Party A shall return the deposit to Party B twice within 30 days from the date of dissolution of this Agreement, and return all the house payment and interest paid by Party B. The interest shall be calculated according to the current fixed asset loan interest rate of the People's Bank of China.
2. The unit price of the house mentioned in Article 3 of this Agreement shall be settled according to the facts. (Parent-child activity safety agreement)
Article 3: Both parties agree that the selling price of the above-mentioned pre-sold house is RMB per square meter, and the total price is RMB (in words) one hundred and ten Yuan only (in figures). The payment method is shown in Annex II to this Agreement. Party B agrees to pay the payment directly to Party A or remit it to the bank designated by Party A as scheduled according to the payment method signed by both parties. The deposit paid by Party B will be converted into payment when Party B makes the last payment, and the sales amount of Party A will be supervised by the bank with the bank account number of.
Article 4: If Party B fails to make payment within the time stipulated in the payment method in Annex II to this agreement, Party A has the right to demand Party B to pay liquidated damages ... from the second day of the payment period agreed in this agreement to the actual payment date. For each day of delay, Party B shall pay Party A liquidated damages for delay at one ten thousandth (in words) of the delayed delivery price. Party A has the right to terminate this agreement if Party B fails to pay for more than days (postponed in case of legal holidays). The dissolution of this agreement shall come into effect as of the date when Party A's written notice reaches Party B. The deposit paid by Party B shall not be refunded by Party A. ..
Article 5: When Party A delivers the house, it shall simultaneously submit the Beijing Construction Project Quality Certificate issued by the construction project quality supervision department and the measured area data of the surveying and mapping department; If the two parties agree to deliver the newly renovated house, they must submit the acceptance certificate of the construction project quality supervision department and the measured area data of the surveying and mapping department in accordance with the requirements of the Beijing Public Building Project Initial Decoration Quality Verification Regulation (Trial) and the Beijing Residential Project Initial Decoration Completion Quality Verification Regulation (Trial). After meeting the conditions specified in this clause, the date of delivery of the house by Party A is year month day. If the house delivered by Party A is deemed unqualified by the construction department, Party B has the right to terminate this agreement. In addition to double returning the deposit to Party B within 30 days from the date of termination of this Agreement, Party A shall also return all the house payment and interest paid by Party B. The interest shall be calculated according to the current fixed asset loan interest rate of the People's Bank of China.
Article 6: If the decoration and equipment of the house delivered by Party A do not meet the standards specified in the annex, Party A agrees to compensate Party B at the corresponding average market price for the insufficient part.
Article 7: Except for force majeure, if Party A fails to deliver the house to Party B on schedule, Party B has the right to demand liquidated damages from Party A ... The payment time of liquidated damages is from the second day of the house delivery date agreed in this agreement to the actual delivery date. For each day overdue, Party A shall pay liquidated damages to Party B at the rate of ten thousandths (in words) of the amount paid by Party B. If Party A fails to deliver the house for more than days overdue (postponed in case of legal holidays), Party B has the right to terminate this agreement. The dissolution of this Agreement shall take effect from the date when Party B sends a written notice to Party A. Party A shall, within 30 days from the date of termination of this Agreement, return all the house payment and interest paid by Party B, and double the deposit to Party B (interest calculation is the same as Article 5).
Article 8: If Party A fails to deliver the house on schedule due to force majeure, the overdue period shall not exceed days at the longest. After that, Party B has the right to dissolve this agreement, and the dissolution of this agreement will take effect from the date when Party B sends a written notice to Party A. Party A shall refund the deposit, house payment and interest paid by Party B (the calculation of interest is the same as Article 5). Article 9: After the signing of this agreement, if Party A changes the architectural design, it shall notify Party B in writing within days. Party B has the right to terminate this agreement within days after receiving the notice. The dissolution of this agreement shall take effect from the date when Party B sends a written notice to Party A. Within 30 days from the date of dissolution of this agreement, Party A shall return the house purchase price and interest paid by Party B (the calculation of interest is the same as Article 5), double the deposit to Party B, and bear the liabilities for breach of contract agreed by both parties in the supplementary agreement.
Article 10: Party A agrees to guarantee the house purchased by Party B in accordance with the Measures for the Quality Management of Construction Projects, the Regulations of Beijing Municipality on the Quality of Construction Projects and relevant regulations from the date of delivery of the completed house.
Article 11: Party B agrees that Party A or the property management company designated by Party A will manage the house purchased by Party A before the residential property management committee or the owners' committee selects the property management organization.
Article 12: Both parties agree that this agreement shall be regarded as a formal and effective contract before the signing of the Beijing Commodity House Pre-sale Contract. Party A promises to complete legal procedures before obtaining the Beijing Commodity House Pre-sale Permit and sign the Beijing Commodity House Pre-sale Contract with Party B.. The terms in this agreement that are the same as those in the newly signed Beijing Commodity House Pre-sale Contract shall be retained in the newly signed Beijing Commodity House Pre-sale Contract, and the contents of the agreed terms shall not be changed without authorization. The annex to this agreement is a draft, which is subject to the annex of the Beijing Commodity House Pre-sale Contract finally signed. Any violation shall be regarded as breach of contract, and the corresponding liability for breach of contract shall be borne. If Party A fails to complete the previous legal procedures and Party B cannot sign a formal contract, Party B has the right to terminate this agreement. The termination of this agreement shall take effect from the date when Party B sends a written notice to Party A. In addition to double the deposit to Party B within 30 days after the termination of this agreement, Party A shall also return all the house payment and interest paid by Party B (interest calculation is the same as Article 5). If Party B fails to sign the Beijing Commodity House Pre-sale Contract with Party A within 30 days after Party A obtains this Contract, it will be deemed as a breach of contract by Party B, and Party A will refund the house price paid by Party B within 30 days from the date of breach of contract, and the deposit and interest paid by Party B will not be refunded.
Article 13: After the signing of this agreement and before the signing of the Beijing Commodity House Pre-sale Contract, Party B shall not transfer the pre-purchased house. If the house is transferred for special reasons, it shall be approved by Party A and a written pre-sale transfer agreement shall be signed.
Article 14: The taxes and fees arising from the above procedures shall be paid by both parties in accordance with relevant regulations.
Article 15: In case of any dispute during the performance of this Agreement, both parties shall settle it through negotiation. If negotiation fails, both parties agree to settle the dispute as follows (in words).
1. Submit to Beijing Arbitration Commission for arbitration.
2. Either party may bring a lawsuit to the people's court where the real estate is located.
Article 16: For matters not covered in this agreement, both parties may sign a supplementary agreement. The annex to this agreement and the supplementary agreement signed by both parties are an integral part of this agreement and have the same legal effect.
Article 17: This Agreement is made in duplicate, with each party holding one copy.
Party A (signature): Party A (signature):
Legal representative:
Address: Address:
Tel: Tel:
Postal code:
Agent:
ID number: ID number:
Tel: Tel:
Year, month, year, month, year
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