求一篇3000字英文文献

Lessor (hereinafter referred to as Party A) Lessee (hereinafter referred to as Party B)
Company Name: Company Name:
Company Address: Address:
Legal representative: Legal representative:
Under the "Contract Law" and the relevant provisions of the Party and Party B for the specific rights and obligations, both voluntary and equal basis, under the principle of equal compensation through full consultations, specific legislation in this contract.
The contents of the first lease
Party A will be located in urban areas leased to Party B No. facade. Party on the rental housing has a legitimate property rights.
Second, a lease to Party B of the housing construction area of square meters floor area in square meters. Party B agreed to the leased building for business use, the extent of the business license to Party B shall prevail.
4, Party A Party B to provide the room are: fire facilities and equipment for power distribution. The equipment operation and maintenance costs, included in the rental, Party B will not be paid.
The second term of the lease
Five-year lease, until years from the date of years on.
Article rent and other costs
6, the effective annual rent for a total contract yuan (RMB).
7, each lease year on a monthly basis.
8, the actual use of electricity by the daily number of (measured) and, on the 10th turn in each month on electricity (Party Agency to produce electricity fees invoice) other expenses, mutual agreement added to this clause.
Article IV rights and obligations of both parties
9, Party
(A) Party A shall ensure that rental housing and be in good condition and can be used normally, and is responsible for annual inspections and routine maintenance, repair; who come across government departments seeking to transform the facilities needed on, all costs borne by Party .
(Ii) leased by Party B or renovation of housing renovation programs to monitor and review and timely comments.
(3) is responsible for coordinating the relationship between the various departments in the region, and Party B to provide a valid business license and related procedures that property.
(D) Party A ensure that the original interior wires, cables to meet the B normal business use, and regular checks of their integrity (B own excluded), found that problems should be promptly informed of the Party. As the supply line issues to the economic losses caused by Party B, Party B should be given full compensation.
(E) During the contract period, Party A shall not be introduced again similar (jewelry) business. Such as breach of contract should compensate Party B RMB economic damages, and clear the business.
(Vi) Party A shall ensure that rental housing meet industry requirements for fire safety installations, fire jurisdiction to provide Party B issued by the department of electricity, fire inspection certificate copy.
(G) the equipment, facilities problems Party shall promptly repair or replace, if not timely implementation of the Party, Party B is entitled on behalf of repair or replacement costs (invoice) deducted from the rent.
10, B
(A) national laws, regulations, policies, operating within the permitted and office.
(B) of the contract period, on the rental housing and facilities have the legal right to use.
(C) of the contents of the contract to pay rent and other expenses.
Article V and the time of payment
11, signed a contract to pay Party B RMB Party for the deposit, within five days after the formal admission to the first month's rent RMB fee.
12, B from the second payment, each time this month, five days before delivery.
13, Party B shall pay the fees can use bank transfer, check, money order or cash.
Article VI housing renovation or reconstruction
14, B, such as the need for the rental housing renovation or reconstruction, it must first obtain the written consent of Party A, Party B shall own the costs of reconstruction. Termination of the contract, cancel the lease relationship, B, or transformation and renovation of facilities housing all owned by Party all (except the mobile facilities).
Article renewal
15, after the expiration of this contract, Party B has the extension.
16, B For renewal, the lease should be made before the expiry of two months to the Party, and sign a new lease contract.
Article VIII Other
17, Party A and Party B changes the legal representative of any party, corporate relocation, merger, does not affect the continued performance of this contract. Changes, the party that merged to become executor of this contract, of course, and assume the contents of this contract the rights and obligations.
18, need for a provision of this contract change, it must be determined in writing, the two sides entered into a supplemental agreement, received a letter written reply within ten days of parties in each other, not reply within ten days are deemed to agree, finally reaching a supplementary agreement.
19, the two sides go through their property insurance, and do not bear the risk of any form of responsibility.
20, B business hours may be adjusted according to customer needs.
Article default
21, A and B signed the rental contract. Party B has paid the deposit, the employer does not schedule well in full, the transfer of rental housing and equipment, Party B, Party A breach of contract is. Party day 1% of annual rent payments delayed penalty to Party B, while Party B shall be entitled to recover the delay of the deposit, until fully recovered terminate the contract.
22, the validity of the contract without the consent Party B, Party A, the increase in rent, B the right to refuse to pay the excess rent.
23, any unilateral move to cancel, terminate contracts, months in advance notice to the other.
24, Party A has not paid any amount due to Party B is breach of contract, each overdue day, in addition to pay the amount owed, the daily payment of the arrears to the Party 1%本回答被网友采纳

A standard form contract (sometimes referred to as an adhesion contract or boilerplate contract) is a contract between two parties that does not allow for negotiation, i.e. take it or leave it. It is often a contract that is entered into between unequal bargaining partners, such as when an individual is given a contract by the salesperson of a multinational corporation. The customer in no position to negotiate the standard terms of such contracts and the company's representative often does not have the autonomy to do so. While adhesion contracts, in and of themselves, are not illegal per se, there exists a very real possibility for unconscionability.
There is some debate on a theoretical level whether, and to what extent, courts should enforce standard form contracts. On one hand, they undeniably fulfill an important efficiency role in society. Standard form contracting reduces transaction costs substantially by precluding the need for buyers and sellers of goods and services to negotiate the many details of a sale contract each time the product is sold. On the other hand, there is the potential for inefficient, and even unjust, terms to be accepted by those signing these contracts. Such terms might be seen as unjust if they allow the seller to avoid all liability or unilaterally modify terms or terminate the contract. These terms often come in the form of, but are not limited to, forum selection clauses and mandatory arbitration clauses, which can limit or foreclose a party's access to the courts; and also liquidated damages clauses, which set a limit to the amount that can be recovered or require a party to pay a specific amount. They might be inefficient if they place the risk of a negative outcome, such as defective manufacturing, on the buyer who is not in the best position to take precautions. There are a number of reasons why such terms might be acceptedStandard form contracts are rarely readLengthy boilerplate terms are often in fine print and written in complicated legal language which often seems irrelevant. The prospect of a buyer finding any useful information from reading such terms is correspondingly low. Even if such information is discovered, the consumer is in no position to bargain as the contract is presented on a “take it or leave it” basis. Coupled with the often large amount of time needed to read the terms, the expected payoff from reading the contract is low and few people would be expected to read it. Sometimes a standard form contract may literally be dispensed from a vending machine to drivers sitting in line to enter a parking garage, which means that stopping to read the contract risks provoking road rage.Access to the full terms may be difficult or impossible before acceptanceOften the document being signed is not the full contract; the purchaser is told that the rest of the terms are in another location. This reduces the likelihood of the terms being read and in some situations, such as software license agreements, can only be read after they have been notionally accepted by purchasing the good and opening the box. These contracts are typically not enforced, since common law dictates that all terms of a contract must be disclosed before the contract is executed.Boilerplate terms are not salientThe most important terms to purchasers of a good are generally the price and the quality, which are generally understood before the contract of adhesion is signed. Terms relating to events which have very small probabilities of occurring or which refer to particular statutes or legal rules do not seem important to the purchaser. This further lowers the chance of such terms being read and also means they are likely to be ignored even if they are read.There may be social pressure to signStandard form contracts are signed at a point when the main details of the transaction have either been negotiated or explained. Social pressure to conclude the bargain at that point may come from a number of sources. The salesperson may imply that the purchaser is being unreasonable if they read or question the terms, saying that they are "just something the lawyers want us to do" or that they are wasting their time reading them. If the purchaser is at the front of a queue (for example at an airport car rental desk) there is additional pressure to sign quickly. Finally, if there has been negotiation over price or particular details, then concessions given by the salesperson may be seen as a gift which socially obliges the purchaser to respond by being co-operative and concluding the transaction.Standard form contracts may exploit unequal power relationsIf the good which is being sold using a contract of adhesion is one which is essential or very important for the purchaser to buy (such as a rental property or a needed medical item) then the purchaser might feel they have no choice but to accept the terms. This problem may be mitigated if there are many suppliers of the good who can potentially offer different terms (see below).Some contend that in a competitive market, consumers have the ability to shop around for the supplier who offers them the most favorable terms and are consequently able to avoid injustice. However, in the case of credit card contracts, for example, the consumer while having the ability to shop around may still have access to only form contracts with like terms and no opportunity for negotiation. Also, as noted, many people do not read or understand the terms so there might be very little incentive for a firm to offer favorable conditions as they would gain only a small amount of business from doing so. Even if this is the case, it is argued by some that only a small percentage of buyers need to actively read standard form contracts for it to be worthwhile for firms to offer better terms if that group is able to influence a larger number of people by affecting the firm’s reputation.Another factor which might mitigate the effects of competition on the content of contracts of adhesion is that, in practice, standard form contracts are usually drafted by lawyers instructed to construct them so as to minimize the firm’s liability, not necessarily to implement managers' competitive decisions. Sometimes the contracts are written by an industry body and distributed to firms in that industry, increasing homogeneity of the contracts and reducing consumer's ability to shop around.Common law statusAs a general rule, the common law treats standard form contracts as any other contract. Signature or some other objective manifestation of intent to be legally bound will bind the signor to the contract whether or not they read or understood the terms. The reality of standard form contracting, however, means that many common law jurisdictions have developed special rules with respect to them. In general, courts will interpret standard form contracts contra proferentem (literally 'against the proffering person') but specific treatment varies between jurisdictions.
Contracts of adhesionContract of adhesion on timekeeping ticket dispensed by vending machine at parking lot entranceThe concept of the contract of adhesion originated in French civil law, but for example, it did not enter American jurisprudence until the Harvard Law Review published an influential article by Edwin W. Patterson in 1919. It was subsequently adopted by the majority of American courts, especially after the Supreme Court of California endorsed adhesion analysis in 1962.
For a contract to be treated as a contract of adhesion, it must be presented on a standard form on a ‘take it or leave it’ basis, and give one party no ability to negotiate because of their unequal bargaining position. The special scrutiny given to contracts of adhesion can be performed in a number of ways:If the term was outside of the reasonable expectations of the person who did not write the contract, and if the parties were contracting on an unequal basis, then it will not be enforceable. The reasonable expectation is assessed objectively, looking at the prominence of the term, the purpose of the term and the circumstances surrounding acceptance of the contract.Section 211 of the American Law Institute's Restatement (Second) of Contracts, which has persuasive though non-binding force in courts, provides:Where the other party has reason to believe that the party manifesting such assent would not do so if he knew that the writing contained a particular term, the term is not part of the agreement.</dd>This is a subjective test focusing on the mind of the seller and has been adopted by only a few state courts.The doctrine of unconscionability is a fact-specific doctrine arising from equitable principles. Unconscionability in standard form contracts usually arises where there is an "absence of meaningful choice on the part of one party due to one-sided contract provisions, together with terms which are so oppressive that no reasonable person would make them and no fair and honest person would accept them."

Along with society's development, the profession competition is day by day intense, how enhances the working efficiency, reduces the management cost, the enhancement service level and enterprise's competitive ability, is each enterprise superintendent most matter of concern. More and more many superintendents thought the implementation computer scientific style management solves this question key.

The thing flows the transportation enterprise as a result of the profession characteristic, the tradition operating process complex, document many, the competition is day by day intense. The more and more many information question emerges, for example: On the one hand, must develop the customer market unceasingly, to the customer basic document, the cargo distribution situation, the contact person likes and the contact method has a more comprehensive understanding, on the other hand, must finish financial the receipts and disbursements work, guarantees the transport expense to be able on time receipts and disbursements, the debt to be clear, prompt press for payment. Formerly consulted the thick document material the procedure, obviously was cannot be taken. Must adopt more effective solution. At the same time collects the process information the speed, the information accuracy, the security, but also affects the company whole management level and the decision-making strata to the overall service control and the coordination. Uses the computer software management information is solution above question effective means.

The thing class manages the software, is flows the transportation enterprise service flow according to the thing, according to relates the enterprise service various class numbers, composes an organic system, causes aspect the and so on service, finance, market information to be able to be convenient, to transmit quickly, and produces each kind of report form after synthesis processing to deliver for each function department and the decision-making strata. The appliance flows the management software system not only to be possible to save the massive manpower, reduces in the work the fault, may be rapid to the customer inquiry inquires the information answer customer from the computer, moreover may help the policy-maker promptly to adjust the company to manage the strategy, enhances company's in same profession well-knownness, the enhancement company's competitive power.
In the past flowed the management emphatically in the enterprise interior work and organization's conformity, to the downriver customer's correspondence, was take serves and the quality as the main center of gravity. Therefore, the appraisal flows the management achievement and the effect criterion, is mostly by processes the order form period the speed, supplying goods rate and completes the quality to measure.

Along with the thing flowing industry development, increased the new content in the supply chain management pattern, thing flowing industry had the new ten major tendencies.

(1) thing flows the management from thing processing, promotes to in the thing Canadian value plan design, the solution and the management. May provides for the customer 度身订造 -like, and has the personalization the service, the enterprise gradually changes emphasized the cross enterprise boundary the conformity, causes the maintenance and the management which the customer relates changes more and more importantly.

(2) changes the union by the opposition. In the traditional commercial channel, the enterprise mostly take as the center, pursues the self- benefit, therefore often makes the aspect which the enterprise opposes. However in under the pursue bigger competitive power actuation, many enterprises starts in each commercial circulation function the conformity, through the union plan and the work, forms highly the conformity supply chain channel relations, causes the channel overall result and the effect large promotion.

(3) changes the final survey by the forecast. The traditional circulation pattern carries on each thing through the forecast downriver channel resources to flow the work activity, unfortunately forecasts very little can accurate, thus has wasted many natures and the commercial resources. The emerging thing flows the management tendency is emphasized the channel member's union mechanism, between the member is willing to exchange transport business and the strategy information upstream, in particular internal demand and the production material, causes the enterprise not to need to forecast, the circulation pattern changes the final survey foundation development gradually by the forecast foundation.

(4) accumulates by the experience changes the vicissitude strategy. The empirical curve has since always been the enterprise uses for to analyze the market competition tendency and the development correspondence strategy method, and the experience which accumulates by the enterprise elders takes the main competition weapon, however the science and technology flies suddenly the progress, the enterprise defends stubbornly already has the experience instead to become the barrier which the enterprise develops, therefore in under the dispatch change environment, the experience and the extant channel foundation structure instead becomes the barrier which most difficult to overcome, the success enterprise must establish to the strategy direction sense of smell and continues the vicissitude management system to be able to survive.

(5) changes the relative value by the absolute value. The traditional finance appraisal will look only some absolute values, the new appraisal method emphatically in the relative value creation, that is will provide adds the value service in the channel, in the value which the customer will increase the enterprise may account for how many proportions.

(6) changes the procedure conformity by the function conformity. In the competition channel intense environment, the enterprise must day by day in a quicker response, the downriver customer's need, thus must effective conformity various departments' transport business, and acts by the procedure -like operating system, the thing flows the work and the activity has the cross function mostly, cross enterprise's characteristic, therefore the procedure type conformity is the thing class manages the successful key point.

(7) changes the hypothesized conformity by the vertical conformity. In the traditional channel, some big enterprises carry on the channel the vertical conformity, to through grasps by the time has a bigger strength, the fact proved this is not successful, instead dispersed enterprise's resources, and weakens the principal work. Today the enterprise manages the tendency is dedicated nucleus □0 □$.  The service, makes the non- core business request for the specialized management company, forms the hypothesized enterprise conformity system, causes the main body enterprise to provide a better product and the service.

(8) changes the information share by the information retention. Under the supply chain management structure, supplies in the chain to be connected the enterprise to have to supply the information which the chain conformity needs to share with other enterprises, otherwise, is unable to form the effective supply chain system.

(9) changes the knowledge study by the training. In future which may foresee, any thing flows the procedure to complete by the manpower. However, the thing flows the work to need to flow the foothold and in mostly the transportation network in each thing carries on, probably some 90% time, the thing flows the manager to be unable to perform to monitor personally. Globalization development tendency, also increased the thing to flow the human resources management the order of complexity. The thing flows the manager to have by the individual personnel skill training way, changes the knowledge foundation the study development.

(10) changes the value management by management accounting. Future many enterprises will be willing to invest many resources establishments basic accountant the system, in will provide the increment creation emphatically, the cross enterprise's management information, by the time will be able the true approval creation value work, but must only will lie in the income to increase, in cost fluctuation