Commercial Lease Agreement
Your Commercial Lease Agreement
COMMERCIAL LEASE AGREEMENT
THIS LEASE (this
"Lease") dated this
, ________________
BETWEEN:
_________________________ of
_________________________
|
OF THE FIRST PART |
|
_________________________ of
_________________________
|
OF THE SECOND PART |
IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant leasing those premises from the Landlord and the mutual benefits and obligations set forth in this Lease, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to this Lease (the "Parties") agree as follows:
- Basic
Terms
-
The following basic terms are hereby approved by the
Parties and each reference in this Lease to any of the basic
terms will be construed to include the provisions set forth
below as well as all of the additional terms and conditions
of the applicable sections of this Lease where such basic
terms are more fully set forth:
- Landlord: _________________________
- Address of
______________________:
_________________________________, Phone:
______________________, Fax: ______________________
- Tenant: _________________________
- Address of
______________________:
_________________________________, Phone:
______________________, Fax: ______________________
- Operating
Name of ______________________:
_________________________________, Phone:
______________________, Fax: ______________________
-
Commencement Date of Lease:
_________________________________
- Base Rent:
$__________
, payable
- Permitted
Use of Premises:
______________________________________________________________________
- Advance
rent: First and last month's rent
-
Security/Damage Deposit: None
- Landlord: _________________________
-
Definitions
-
When used in this Lease, the following expressions will
have the meanings indicated:
-
"Additional Rent" means all amounts payable by the
Tenant under this Lease except Base Rent, whether or
not specifically designated as Additional Rent
elsewhere in this Lease;
- "Building"
means all buildings, improvements, equipment,
fixtures, property and facilities from time to time
located at __________, as from time to time altered,
expanded or reduced by the Landlord in its sole
discretion;
-
"Common Areas and Facilities" mean:
-
those portions of the Building areas,
buildings, improvements, facilities,
utilities, equipment and installations in or
forming part of the Building which from time
to time are not designated or intended by
the Landlord to be leased to tenants of the
Building including, without limitation,
exterior weather walls, roofs, entrances and
exits, parking areas, driveways, loading
docks and area, storage, mechanical and
electrical rooms, areas above and below
leasable premises and not included within
leasable premises, security and alarm
equipment, grassed and landscaped areas,
retaining walls and maintenance, cleaning
and operating equipment serving the
Building; and
-
those lands, areas, buildings,
improvements, facilities, utilities,
equipment and installations which serve or
are for the useful benefit of the Building,
the tenants of the Building or the Landlord
and those having business with them, whether
or not located within, adjacent to or near
the Building and which are designated from
time to time by the Landlord as part of the
Common Areas and Facilities;
-
those portions of the Building areas,
buildings, improvements, facilities,
utilities, equipment and installations in or
forming part of the Building which from time
to time are not designated or intended by
the Landlord to be leased to tenants of the
Building including, without limitation,
exterior weather walls, roofs, entrances and
exits, parking areas, driveways, loading
docks and area, storage, mechanical and
electrical rooms, areas above and below
leasable premises and not included within
leasable premises, security and alarm
equipment, grassed and landscaped areas,
retaining walls and maintenance, cleaning
and operating equipment serving the
Building; and
- "Leasable
Area" means with respect to any rentable premises,
the area expressed in square feet of all
floor space including floor space of mezzanines, if any,
determined, calculated and certified by the Landlord and
measured from the exterior face of all exterior walls,
doors and windows, including walls, doors and windows
separating the rentable premises from enclosed Common
Areas and Facilities, if any, and from the center line
of all interior walls separating the rentable premises
from adjoining rentable premises. There will be no
deduction or exclusion for any space occupied by or used
for columns, ducts or other structural elements;
- "Premises"
means the building at __________.
- "Rent"
means the total of Base Rent and Additional
Rent.
-
"Additional Rent" means all amounts payable by the
Tenant under this Lease except Base Rent, whether or
not specifically designated as Additional Rent
elsewhere in this Lease;
-
Intent of Lease
- It is the intent
of this Lease and agreed to by the Parties to this Lease
that rent for this Lease will be on a gross rent basis
meaning the Tenant will pay the Base Rent and any Additional
Rent and the Landlord will be responsible for all other
service charges related to the Premises and the operation of
the Building save as specifically provided in this Lease to
the contrary.
-
Leased Premises
- The Landlord
agrees to rent to the Tenant the Premises for only the
permitted use (the "Permitted Use") of:
______________________________________________________________________
______________________________________________________________________
- The Landlord
reserves the right in its reasonable discretion to alter,
reconstruct, expand, withdraw from or add to the Building
from time to time. In the exercise of those rights, the
Landlord undertakes to use reasonable efforts to minimize
any interference with the visibility of the Premises and to
use reasonable efforts to ensure that direct entrance to and
exit from the Premises is maintained.
- The Landlord
reserves the right for itself and for all persons authorized
by it, to erect, use and maintain wiring, mains, pipes and
conduits and other means of distributing services in and
through the Premises, and at all reasonable times to enter
upon the Premises for the purpose of installation,
maintenance or repair, and such entry will not be an
interference with the Tenant's possession under this
Lease.
- The Landlord
reserves the right, when necessary by reason of accident or
in order to make repairs, alterations or improvements
relating to the Premises or to other portions of the
Building to cause temporary obstruction to the Common Areas
and Facilities as reasonably necessary and to interrupt or
suspend the supply of electricity, water and other services
to the Premises until the repairs, alterations or
improvements have been completed. There will be no abatement
in rent because of such obstruction, interruption or
suspension provided that the repairs, alterations or
improvements are made as expeditiously as is reasonably
possible.
- Subject to this
Lease, the Tenant and its employees, customers and invitees
will have the non-exclusive right to use for their proper
and intended purposes, during business hours in common with
all others entitled thereto those parts of the Common Areas
and Facilities from time to time permitted by the Landlord.
The Common Areas and Facilities and the Building will at all
times be subject to the exclusive control and management of
the Landlord. The Landlord will operate and maintain the
Common Areas and Facilities and the Building in such manner
as the Landlord determines from time to time.
-
Term
- The term of the
Lease commences at 12:00 noon on December 5, 2020 and ends
at 12:00 noon on December 5, 2020 (the "Term").
- Should the Tenant
remain in possession of the Premises with the consent of the
Landlord after the natural expiration of this Lease, a new
tenancy from month to month will be created between the
Landlord and the Tenant which will be subject to all the
terms and conditions of this Lease but will be terminable
upon either party giving one month's notice to the other
party.
-
Rent
- Subject to the
provisions of this Lease, the Tenant will pay a base rent of
$__________, payable per month, for the Premises (the "Base
Rent"), without setoff, abatement or deduction. In addition
to the Base Rent, the Tenant will pay for any fees or taxes
arising from the Tenant's business.
- The Tenant will
pay the Base Rent on or before the __________ of each and
every month of the Term to the Landlord.
- In the event that
this Lease commences, expires or terminates before the end
of a period for which any Additional Rent or Base Rent would
be payable, or other than at the start or end of a calendar
month, such amounts payable by the Tenant will be
apportioned pro rata on the basis of a thirty (30) day month
to calculate the amount payable for such irregular
period.
- No acceptance by
the Landlord of any amount less than the full amount owed
will be taken to operate as a waiver by the Landlord for the
full amount or in any way to defeat or affect the rights and
remedies of the Landlord to pursue the full
amount.
-
Guarantees
- The indemnity
agreement by the Guarantor will be attached as a schedule to
this Lease and will serve as a form of guarantee to this
Lease.
- Use
and Occupation
- The Tenant will
open the whole of the Premises for business to the public
fully fixtured, stocked and staffed on the date of
commencement of the Term and throughout the Term, and will
continuously occupy and utilize the entire Premises in the
active conduct of its business in a reputable manner on such
days and during such hours of business as may be determined
from time to time by the Landlord.
- The Tenant
covenants that the Tenant will carry on and conduct its
business from time to time carried on upon the Premises in
such manner as to comply with all statutes, bylaws, rules
and regulations of any federal, state, municipal or other
competent authority and will not do anything on or in the
Premises in contravention of any of them.
-
Option to Purchase
- Provided the
Tenant is not currently in default in the performance of any
term of this Lease, the Tenant will have the option to
purchase (the "Option") the Premises for $__________ (the
"Purchase Price"). The Landlord and Tenant will each select
their own appraiser. If this option has been exercised, the
Parties to this Lease may enter into a separate agreement to
purchase the Premises. This agreement will incorporate all
the key points provided in this option.
- In consideration
for the Landlord granting the Tenant this Option, the Tenant
will pay the Landlord the sum of $__________ (the "Option
Fee") during the execution of the Lease.
- This Option may
be exercised at any time after December 5, 2020 and prior to
the end of the original term of this Lease. Upon expiration
of the Option, the Landlord will be released from all
obligations to sell the Premises to the Tenant. If the
Tenant does not exercise the Option prior to its expiration,
the Option Fee and all rents and other charges paid under
this Lease will be retained by the Landlord, and neither
party will have any further rights or claims against each
other concerning the Option. In the event the Option is
exercised, the Option Fee paid by the Tenant to the Landlord
will be credited towards the total of the Purchase
Price.
- The Option will
be exercised by mailing or delivering written notice to the
Landlord prior to the expiration of this Option. Notice, if
mailed will be by certified mail, postage prepaid, to the
Landlord at the following address:
______________________
_________________________________ ______________________
______________________ and will be deemed to have been given on
the date shown on the postmark of the envelope in which such
notice is mailed.
- The Tenant may
not assign any rights under this Option separately from all
of the Tenant's other rights under this Lease. No assignment
may be made without the Landlord's prior written
consent.
- The Landlord
warrants to the Tenant that the Landlord is the legal owner
of the Premises and has the legal right to sell the Premises
under the terms and conditions of this
Lease.
-
If the Option is exercised, the following provisions will
be applicable:
-
The Tenant will take title to the Premises subject
to any of the following exceptions (the "Permitted
Exceptions"):
-
real estate taxes not yet due at the time
of closing;
-
covenants, conditions, zoning laws and
ordinances, reservations, rights, public and
private easements then on record, if any;
and
-
liens or encumbrances involving an
ascertainable amount that will be paid off
or removed by the Landlord upon the closing
of this purchase.
-
real estate taxes not yet due at the time
of closing;
- Unless
otherwise extended by other terms of this Lease, the
closing will be held within the latter of from
exercise of the Option or the removal of any
exceptions, outside of the Permitted Exceptions, to
the title by the Landlord.
- Rents,
real estate taxes and other expenses of the Premises
will be prorated as of the date of the closing date.
Security deposits, advance rentals or considerations
involving future lease credits will be credited to
the Tenant.
- The
Parties acknowledge that the availability of
financing and purchase costs cannot be guaranteed.
The Parties agree that these items will not be
conditions of performance of this Lease or this
Option and the Parties agree they have not relied
upon any other representations or warranties by
brokers, sellers or any other parties which are not
set out in this Lease.
-
No later than 30 days from the exercise of this
Option, the Landlord will provide the Tenant the
following documents (the "Seller
Disclosure"):
- a
property condition disclosure, signed and
dated by the Landlord;
- a
commitment for the policy of title
insurance; and
-
written notice of any claims and/or
conditions known to the Landlord relating to
environmental problems or building or zoning
code violations.
- a
property condition disclosure, signed and
dated by the Landlord;
- The Tenant
has 45 days from the date of receipt of the Seller
Disclosure to examine the title to the Premises and
to report, in writing, any valid objections. Any
exceptions to the title which would be disclosed by
examination of the records will be deemed to have
been accepted unless reported in writing within 45
days. If the Tenant objects to any exceptions to the
title, the Landlord will use all due diligence to
remove such exceptions at the Landlord's own expense
within 60 days. But if such exceptions cannot be
removed within the 60 days allowed, all rights and
obligations under this Option may, at the election
of the Tenant, terminate and end unless the Tenant
elects to purchase the Premises subject to such
exceptions.
- Upon the
completion of the closing, all rights and
obligations under the Lease (other than the Option)
will cease to exist and the Parties will have no
further rights or claims against each other
concerning the Lease.
-
The Tenant will take title to the Premises subject
to any of the following exceptions (the "Permitted
Exceptions"):
- Quiet
Enjoyment
- The Landlord
covenants that on paying the Rent and performing the
covenants contained in this Lease, the Tenant will
peacefully and quietly have, hold, and enjoy the Premises
for the agreed term.
-
Default
- If the Tenant is
in default in the payment of any money, whether hereby
expressly reserved or deemed as rent, or any part of the
rent, and such default continues following any specific due
date on which the Tenant is to make such payment, or in the
absence of such specific due date, for the ______
days following written notice by the Landlord requiring the
Tenant to pay the same then, at the option of the Landlord, this
Lease may be terminated upon ______ days notice and the term
will then immediately become forfeited and void, and the
Landlord may without further notice or any form of legal process
immediately reenter the Premises or any part of the Premises and
in the name of the whole repossess and enjoy the same as of its
former state anything contained in this Lease or in any statute
or law to the contrary notwithstanding.
- Unless otherwise
provided for in this Lease, if the Tenant does not observe,
perform and keep each and every of the non-monetary
covenants, agreements, stipulations, obligations, conditions
and other provisions of this Lease to be observed, performed
and kept by the Tenant and persists in such default,
after ______ days following written notice from the
Landlord requiring that the Tenant remedy, correct or comply or,
in the case of such default which would reasonably require more
than ______ days to rectify, unless the Tenant will commence
rectification within the said ______ days notice period and
thereafter promptly and diligently and continuously proceed with
the rectification of any such defaults then, at the option of
the Landlord, this Lease may be terminated upon ______ days
notice and the term will then immediately become forfeited and
void, and the Landlord may without further notice or any form of
legal process immediately reenter the Premises or any part of
the Premises and in the name of the whole repossess and enjoy
the same as of its former state anything contained in this Lease
or in any statute or law to the contrary notwithstanding.
-
If and whenever:
- the
Tenant's leasehold interest hereunder, or any goods,
chattels or equipment of the Tenant located in the
Premises will be taken or seized in execution or
attachment, or if any writ of execution will issue
against the Tenant or the Tenant will become
insolvent or commit an act of bankruptcy or become
bankrupt or take the benefit of any legislation that
may be in force for bankrupt or insolvent debtor or
become involved in voluntary or involuntary winding
up, dissolution or liquidation proceedings, or if a
receiver will be appointed for the affairs,
business, property or revenues of the Tenant;
or
- the Tenant
fails to commence, diligently pursue and complete
the Tenant's work to be performed under any
agreement to lease pertaining to the Premises or
vacate or abandon the Premises, or fail or cease to
operate or otherwise cease to conduct business from
the Premises, or use or permit or suffer the use of
the Premises for any purpose other than as permitted
in this clause, or make a bulk sale of its goods and
assets which has not been consented to by the
Landlord, or move or commence, attempt or threaten
to move its goods, chattels and equipment out of the
Premises other than in the routine course of its
business;
then, and in each such case, at the option of the Landlord, this Lease may be terminated without notice and the term will then immediately become forfeited and void, and the Landlord may without notice or any form of legal process immediately reenter the Premises or any part of the Premises and in the name of the whole repossess and enjoy the same as of its former state anything contained in this Lease or in any statute or law to the contrary notwithstanding.
- the
Tenant's leasehold interest hereunder, or any goods,
chattels or equipment of the Tenant located in the
Premises will be taken or seized in execution or
attachment, or if any writ of execution will issue
against the Tenant or the Tenant will become
insolvent or commit an act of bankruptcy or become
bankrupt or take the benefit of any legislation that
may be in force for bankrupt or insolvent debtor or
become involved in voluntary or involuntary winding
up, dissolution or liquidation proceedings, or if a
receiver will be appointed for the affairs,
business, property or revenues of the Tenant;
or
- In the event that
the Landlord has terminated the Lease pursuant to this
section, on the expiration of the time fixed in the notice,
if any, this Lease and the right, title, and interest of the
Tenant under this Lease will terminate in the same manner
and with the same force and effect, except as to the
Tenant's liability, as if the date fixed in the notice of
cancellation and termination were the end of the
Lease.
-
Distress
- If and whenever
the Tenant is in default in payment of any money, whether
hereby expressly reserved or deemed as rent, or any part of
the rent, the Landlord may, without notice or any form of
legal process, enter upon the Premises and seize, remove and
sell the Tenant's goods, chattels and equipment from the
Premises or seize, remove and sell any goods, chattels and
equipment at any place to which the Tenant or any other
person may have removed them, in the same manner as if they
had remained and been distrained upon the Premises, all
notwithstanding any rule of law or equity to the contrary,
and the Tenant hereby waives and renounces the benefit of
any present or future statute or law limiting or eliminating
the Landlord's right of distress.
-
Overholding
- If the Tenant
continues to occupy the Premises without the written consent
of the Landlord after the expiration or other termination of
the Term, then, without any further written agreement, the
Tenant will be a month-to-month tenant at a minimum monthly
rental equal to twice the Base Rent and subject always to
all of the other provisions of this Lease insofar as the
same are applicable to a month-to-month tenancy and a
tenancy from year to year will not be created by implication
of law.
-
Additional Rights on Reentry
-
If the Landlord reenters the Premises or terminates this
Lease, then:
-
notwithstanding any such termination or the Term
thereby becoming forfeited and void, the provisions
of this Lease relating to the consequences of
termination will survive;
- the
Landlord may use such reasonable force as it may
deem necessary for the purpose of gaining admittance
to and retaking possession of the Premises and the
Tenant hereby releases the Landlord from all
actions, proceedings, claims and demands whatsoever
for and in respect of any such forcible entry or any
loss or damage in connection therewith or
consequential thereupon;
- the
Landlord may expel and remove, forcibly, if
necessary, the Tenant, those claiming under the
Tenant and their effects, as allowed by law, without
being taken or deemed to be guilty of any manner of
trespass;
- in the
event that the Landlord has removed the property of
the Tenant, the Landlord may store such property in
a public warehouse or at a place selected by the
Landlord, at the expense of the Tenant. If the
Landlord feels that it is not worth storing such
property given its value and the cost to store it,
then the Landlord may dispose of such property in
its sole discretion and use such funds, if any,
towards any indebtedness of the Tenant to the
Landlord. The Landlord will not be responsible to
the Tenant for the disposal of such property other
than to provide any balance of the proceeds to the
Tenant after paying any storage costs and any
amounts owed by the Tenant to the
Landlord;
- the
Landlord may relet the Premises or any part of the
Premises for a term or terms which may be less or
greater than the balance of the Term remaining and
may grant reasonable concessions in connection with
such reletting including any alterations and
improvements to the Premises;
- after
reentry, the Landlord may procure the appointment of
a receiver to take possession and collect rents and
profits of the business of the Tenant, and, if
necessary to collect the rents and profits the
receiver may carry on the business of the Tenant and
take possession of the personal property used in the
business of the Tenant, including inventory, trade
fixtures, and furnishings, and use them in the
business without compensating the
Tenant;
- after
reentry, the Landlord may terminate the Lease on
giving 5 days' written notice of termination to the
Tenant. Without this notice, reentry of the Premises
by the Landlord or its agents will not terminate
this Lease;
-
the Tenant will pay to the Landlord on
demand:
-
all rent, Additional Rent and other
amounts payable under this Lease up to the
time of reentry or termination, whichever is
later;
-
reasonable expenses as the Landlord incurs
or has incurred in connection with the
reentering, terminating, reletting,
collecting sums due or payable by the
Tenant, realizing upon assets seized;
including without limitation, brokerage,
fees and expenses and legal fees and
disbursements and the expenses of keeping
the Premises in good order, repairing the
same and preparing them for reletting; and
-
as liquidated damages for the loss of rent
and other income of the Landlord expected to
be derived from this Lease during the period
which would have constituted the unexpired
portion of the Term had it not been
terminated, at the option of the Landlord,
either:
-
an amount determined by reducing
to present worth at an assumed
interest rate of twelve percent
(12%) per annum all Base Rent and
estimated Additional Rent to become
payable during the period which
would have constituted the unexpired
portion of the Term, such
determination to be made by the
Landlord, who may make reasonable
estimates of when any such other
amounts would have become payable
and may make such other assumptions
of the facts as may be reasonable in
the circumstances; or
-
an amount equal to the Base Rent
and estimated Additional Rent for a
period of six (6)
months.
-
an amount determined by reducing
to present worth at an assumed
interest rate of twelve percent
(12%) per annum all Base Rent and
estimated Additional Rent to become
payable during the period which
would have constituted the unexpired
portion of the Term, such
determination to be made by the
Landlord, who may make reasonable
estimates of when any such other
amounts would have become payable
and may make such other assumptions
of the facts as may be reasonable in
the circumstances; or
-
all rent, Additional Rent and other
amounts payable under this Lease up to the
time of reentry or termination, whichever is
later;
-
notwithstanding any such termination or the Term
thereby becoming forfeited and void, the provisions
of this Lease relating to the consequences of
termination will survive;
-
Inspections and Landlord's Right to Enter
- During the Term
and any renewal of this Lease, the Landlord and its agents
may enter the Premises to make inspections or repairs at all
reasonable times. However, except where the Landlord or its
agents consider it is an emergency, the Landlord must have
given not less than 24 hours prior written notice to the
Tenant.
- The Tenant
acknowledges that the Landlord or its agent will have the
right to enter the Premises at all reasonable times to show
them to prospective purchasers, encumbrancers, lessees or
assignees, and may also during the ninety days preceding the
termination of the terms of this Lease, place upon the
Premises the usual type of notice to the effect that the
Premises are for rent, which notice the Tenant will permit
to remain on them.
- The Landlord may
inspect the Tenant's goods on the Premises and the Tenant's
records relating to those goods during normal business
hours, with at least five (5) days' written notice, to
identify the nature of the goods, compliance with this
Lease, or compliance with any laws, regulations, or other
rules.
-
Tenant Improvements
-
The Tenant will obtain written permission from the
Landlord before doing any of the following:
- painting,
wallpapering, redecorating or in any way
significantly altering the appearance of the
Premises;
- removing
or adding walls, or performing any structural
alterations;
- changing
the amount of heat or power normally used on the
Premises as well as installing additional electrical
wiring or heating units;
- subject to
this Lease, placing or exposing or allowing to be
placed or exposed anywhere inside or outside the
Premises any placard, notice or sign for advertising
or any other purpose;
- affixing
to or erecting upon or near the Premises any radio
or TV antenna or tower, or satellite dish;
or
- installing
or affixing upon or near the Premises any plant,
equipment, machinery or apparatus without the
Landlord's prior consent.
- painting,
wallpapering, redecorating or in any way
significantly altering the appearance of the
Premises;
-
Utilities and Other Costs
-
Signs
- The Tenant may
erect, install and maintain a sign of a kind and size in a
location, all in accordance with the Landlord's design
criteria for the Building and as first approved in writing
by the Landlord. All other signs, as well as the advertising
practices of the Tenant, will comply with all applicable
rules and regulations of the Landlord. The Tenant will not
erect, install or maintain any sign other than in accordance
with this section.
-
Insurance
-
Tenant's Insurance
-
The Tenant's policies of insurance hereinbefore referred
to will contain the following:
- provisions
that the Landlord is protected notwithstanding any
act, neglect or misrepresentation of the Tenant
which might otherwise result in the avoidance of
claim under such policies will not be affected or
invalidated by any act, omission or negligence of
any third party which is not within the knowledge or
control of the insured(s);
- provisions
that such policies and the coverage evidenced
thereby will be primary and noncontributing with
respect to any policies carried by the Landlord and
that any coverage carried by the Landlord will be
excess coverage;
- all
insurance referred to above will provide for waiver
of the insurer's rights of subrogation as against
the Landlord; and
- provisions
that such policies of insurance will not be
cancelled without the insurer providing the Landlord
thirty (30) days' written notice stating when such
cancellation will be effective.
- provisions
that the Landlord is protected notwithstanding any
act, neglect or misrepresentation of the Tenant
which might otherwise result in the avoidance of
claim under such policies will not be affected or
invalidated by any act, omission or negligence of
any third party which is not within the knowledge or
control of the insured(s);
- The Tenant will
further during the whole of the Term maintain such other
insurance in such amounts and in such sums as the Landlord
may reasonably determine from time to time. Evidence
satisfactory to the Landlord of all such policies of
insurance will be provided to the Landlord upon
request.
- The Tenant will
not do, omit or permit to be done or omitted upon the
Premises anything which will cause any rate of insurance
upon the Building or any part of the Building to be
increased or cause such insurance to be cancelled. If any
such rate of insurance will be increased as previously
mentioned, the Tenant will pay to the Landlord the amount of
the increase as Additional Rent. If any insurance policy
upon the Building or any part of the Building is cancelled
or threatened to be cancelled by reason of the use or
occupancy by the Tenant or any such act or omission, the
Tenant will immediately remedy or rectify such use,
occupation, act or omission upon being requested to do so by
the Landlord, and if the Tenant fails to so remedy or
rectify, the Landlord may at its option terminate this Lease
and the Tenant will immediately deliver up possession of the
Premises to the Landlord.
- The Tenant will
not at any time during the Term use, exercise, carry on or
permit or suffer to be used, exercised, carried on, in or
upon the Premises or any part of the Premises, any noxious,
noisome or offensive act, trade business occupation or
calling, and no act, matter or thing whatsoever will at any
time during the said term be done in or upon the Premises,
or any part Premises, which will or may be or grow to the
annoyance, nuisance, grievance, damage or disturbance of the
occupiers or owners of the Building, or adjoining lands or
premises.
-
Landlord's Insurance
- The Landlord
agrees to request its insurers, upon written request of the
Tenant, to have all insurance taken out and maintained by
the Landlord provide for waiver of the Landlord's insurers'
rights of subrogation as against the Tenant when and to the
extent permitted from time to time by its
insurers.
-
Abandonment
- If at any time
during the Term, the Tenant abandons the Premises or any
part of the Premises, the Landlord may, at its option, enter
the Premises by any means without being liable for any
prosecution for such entering, and without becoming liable
to the Tenant for damages or for any payment of any kind
whatever, and may, at the Landlord's discretion, as agent
for the Tenant, relet the Premises, or any part of the
Premises, for the whole or any part of the then unexpired
Term, and may receive and collect all rent payable by virtue
of such reletting, and, at the Landlord's option, hold the
Tenant liable for any difference between the Rent that would
have been payable under this Lease during the balance of the
unexpired Term, if this Lease had continued in force, and
the net rent for such period realized by the Landlord by
means of the reletting. If the Landlord's right of reentry
is exercised following abandonment of the premises by the
Tenant, then the Landlord may consider any personal property
belonging to the Tenant and left on the Premises to also
have been abandoned, in which case the Landlord may dispose
of all such personal property in any manner the Landlord
will deem proper and is relieved of all liability for doing
so.
-
Subordination and Attornment
- This Lease and
the Tenant's rights under this Lease will automatically be
subordinate to any mortgage or mortgages, or encumbrance
resulting from any other method of financing or refinancing,
now or afterwards in force against the Lands or Building or
any part of the Lands or Building, as now or later
constituted, and to all advances made or afterwards made
upon such security; and, upon the request of the Landlord,
the Tenant will execute such documentation as may be
required by the Landlord in order to confirm and evidence
such subordination.
- The Tenant will,
in the event any proceedings are brought, whether in
foreclosure or by way of the exercise of the power of sale
or otherwise, under any other mortgage or other method of
financing or refinancing made by the Landlord in respect of
the Building, or any portion of the Building, attorn to the
encumbrancer upon any such foreclosure or sale and recognize
such encumbrancer as the Landlord under this Lease, but only
if such encumbrancer will so elect and require.
- Upon the written
request of the Tenant, the Landlord agrees to request any
mortgagee or encumbrancer of the Lands (present or future)
to enter into a non-disturbance covenant in favor of the
Tenant, whereby such mortgagee or encumbrancer will agree
not to disturb the Tenant in its possession and enjoyment of
the Premises for so long as the Tenant is not in default
under this Lease.
-
Registration of Caveat
-
The Tenant will not register this Lease, provided,
however, that:
- The Tenant
may file a caveat respecting this Lease but will not
be entitled to attach this Lease, and, in any event,
will not file such caveat prior to the commencement
date of the Term. The caveat will not state the Base
Rent or any other financial provisions contained in
this Lease.
- If the
Landlord's permanent financing has not been fully
advanced, the Tenant covenants and agrees not to
file a caveat until such time as the Landlord's
permanent financing has been fully
advanced.
- The Tenant
may file a caveat respecting this Lease but will not
be entitled to attach this Lease, and, in any event,
will not file such caveat prior to the commencement
date of the Term. The caveat will not state the Base
Rent or any other financial provisions contained in
this Lease.
-
Estoppel Certificate and Acknowledgement
- Whenever
requested by the Landlord, a mortgagee or any other
encumbrance holder or other third party having an interest
in the Building or any part of the Building, the Tenant
will, within ten (10) days of the request, execute and
deliver an estoppel certificate or other form of certified
acknowledgement as to the Commencement Date, the status and
the validity of this Lease, the state of the rental account
for this Lease, any incurred defaults on the part of the
Landlord alleged by the Tenant, and such other information
as may reasonably be required.
- Sale
by Landlord
- In the event of
any sale, transfer or lease by the Landlord of the Building
or any interest in the Building or portion of the Building
containing the Premises or assignment by the Landlord of
this Lease or any interest of the Landlord in the Lease to
the extent that the purchaser, transferee, tenant or
assignee assumes the covenants and obligations of the
Landlord under this Lease, the Landlord will without further
written agreement be freed and relieved of liability under
such covenants and obligations. This Lease may be assigned
by the Landlord to any mortgagee or encumbrancee of the
Building as security.
-
Tenant's Indemnity
- The Tenant will
and does hereby indemnify and save harmless the Landlord, or
any other person claiming through or under the Landlord, of
and from all loss and damage and all actions, claims, costs,
demands, expenses, fines, liabilities and suits of any
nature whatsoever for which the Landlord will or may become
liable, incur or suffer by reason of a breach, violation or
nonperformance by the Tenant of any covenant, term or
provision hereof or by reason of any builders' or other
liens for any work done or materials provided or services
rendered for alterations, improvements or repairs, made by
or on behalf of the Tenant to the Premises, or by reason of
any injury occasioned to or suffered by any person or damage
to any property, or by reason of any wrongful act or
omission, default or negligence on the part of the Tenant or
any of its agents, concessionaires, contractors, customers,
employees, invitees or licensees in or about the Building,
including any losses caused, or contributed to by, any
trespasser while that trespasser is in or about the
Building.
- It is agreed
between the Landlord and the Tenant that the Landlord will
not be liable for any loss, injury, or damage to persons or
property resulting from falling plaster, steam, electricity,
water, rain, snow or dampness, or from any other
cause.
- It is agreed
between the Landlord and the Tenant that the Landlord will
not be liable for any loss or damage caused by acts or
omissions of other tenants or occupants, their employees or
agents or any persons not the employees or agents of the
Landlord, or for any damage caused by the construction of
any public or quasi-public works, and in no event will the
Landlord be liable for any consequential or indirect damages
suffered by the Tenant.
- It is agreed
between the Landlord and the Tenant that the Landlord will
not be liable for any loss, injury or damage caused to
persons using the Common Areas and Facilities or to vehicles
or their contents or any other property on them, or for any
damage to property entrusted to its or their employees, or
for the loss of any property by theft or otherwise, and all
property kept or stored in the Premises will be at the sole
risk of the Tenant.
-
Liens
- The Tenant will
immediately upon demand by the Landlord remove or cause to
be removed and afterwards institute and diligently prosecute
any action pertinent to it, any builders' or other lien or
claim of lien noted or filed against or otherwise
constituting an encumbrance on any title of the Landlord.
Without limiting the foregoing obligations of the Tenant,
the Landlord may cause the same to be removed, in which case
the Tenant will pay to the Landlord as Additional Rent, such
cost including the Landlord's legal costs.
-
Governing Law
- It is the
intention of the Parties to this Lease that the tenancy
created by this Lease and the performance under this Lease,
and all suits and special proceedings under this Lease, be
construed in accordance with and governed, to the exclusion
of the law of any other forum, by the laws of the State of
Colorado, without regard to the jurisdiction in which any
action or special proceeding may be instituted.
-
Severability
- If there is a
conflict between any provision of this Lease and the
applicable legislation of the State of Colorado (the
'Act'), the Act will prevail and such provisions of the Lease
will be amended or deleted as necessary in order to comply with
the Act. Further, any provisions that are required by the Act
are incorporated into this Lease.
- If there is a
conflict between any provision of this Lease and any form of
lease prescribed by the Act, that prescribed form will
prevail and such provisions of the lease will be amended or
deleted as necessary in order to comply with that prescribed
form. Further, any provisions that are required by that
prescribed form are incorporated into this
Lease.
-
Amendment of Lease
- Any amendment or
modification of this Lease or additional obligation assumed
by either party to this Lease in connection with this Lease
will only be binding if evidenced in writing signed by each
party or an authorized representative of each
party.
-
Assignment and Subletting
- The Tenant will
not assign this Lease, or sublet or grant any concession or
license to use the Premises or any part of the Premises. An
assignment, subletting, concession, or license, whether by
operation of law or otherwise, will be void and will, at
Landlord's option, terminate this Lease.
- Bulk
Sale
- No bulk sale of
goods and assets of the Tenant may take place without first
obtaining the written consent of the Landlord, which consent
will not be unreasonably withheld so long as the Tenant and
the Purchaser are able to provide the Landlord with
assurances, in a form satisfactory to the Landlord, that the
Tenant’s obligations in this Lease will continue to be
performed and respected, in the manner satisfactory to the
Landlord, after completion of the said bulk
sale.
-
Damage to Premises
- If the Premises,
or any part of the Premises, will be partially damaged by
fire or other casualty not due to the Tenant's negligence or
willful act or that of the Tenant's employee, family, agent,
or visitor, the Premises will be promptly repaired by the
Landlord and there will be an abatement of rent
corresponding with the time during which, and the extent to
which, the Premises may have been untenantable. However, if
the Premises should be damaged other than by the Tenant's
negligence or willful act or that of the Tenant's employee,
family, agent, or visitor to the extent that the Landlord
will decide not to rebuild or repair, the term of this Lease
will end and the Rent will be prorated up to the time of the
damage.
- Force
Majeure
- In the event that
the Landlord or the Tenant will be unable to fulfill, or
shall be delayed or prevented from the fulfillment of, any
obligation in this Lease by reason of municipal delays in
providing necessary approvals or permits, the other party’s
delay in providing approvals as required in this Lease,
strikes, third party lockouts, fire, flood, earthquake,
lightning, storm, acts of God or our Country's enemies,
riots, insurrections or other reasons of like nature beyond
the reasonable control of the party delayed or prevented
from fulfilling any obligation in this Lease (excepting any
delay or prevention from such fulfillment caused by a lack
of funds or other financial reasons) and provided that such
party uses all reasonable diligence to overcome such
unavoidable delay, then the time period for performance of
such an obligation will be extended for a period equivalent
to the duration of such unavoidable delay.
-
Eminent Domain and Expropriation
- If during the
Term, title is taken to the whole or any part of the
Building by any competent authority under the power of
eminent domain or by expropriation, which taking, in the
reasonable opinion of the Landlord, does not leave a
sufficient remainder to constitute an economically viable
building, the Landlord may at its option, terminate this
Lease on the date possession is taken by or on behalf of
such authority. Upon such termination, the Tenant will
immediately deliver up possession of the Premises, Base Rent
and any Additional Rent will be payable up to the date of
such termination, and the Tenant will be entitled to be
repaid by the Landlord any rent paid in advance and unearned
or an appropriate portion of that rent. In the event of any
such taking, the Tenant will have no claim upon the Landlord
for the value of its property or the unexpired portion of
the Term, but the Parties will each be entitled to
separately advance their claims for compensation for the
loss of their respective interests and to receive and retain
such compensation as may be awarded to each respectively. If
an award of compensation made to the Landlord specifically
includes an award for the Tenant, the Landlord will account
for that award to the Tenant and vice versa.
-
Condemnation
- A condemnation of
the Building or any portion of the Premises will result in
termination of this Lease. The Landlord will receive the
total of any consequential damages awarded as a result of
the condemnation proceedings. All future rent installments
to be paid by the Tenant under this Lease will be
terminated.
-
Tenant's Repairs and Alterations
- The Tenant
covenants with the Landlord to occupy the Premises in a
tenant-like manner and not to permit waste. The Tenant will
at all times and at its sole expense, subject to the
Landlord's repair, maintain and keep the Premises,
reasonable wear and tear, damage by fire, lightning,
tempest, structural repairs, and repairs necessitated from
hazards and perils against which the Landlord is required to
insure excepted. Without limiting the generality of the
foregoing, the Tenant will keep, repair, replace and
maintain all glass, wiring, pipes and mechanical apparatus
in, upon or serving the Premises in good and tenantable
repair at its sole expense. When it becomes (or, acting
reasonably, should have become) aware of same, the Tenant
will notify the Landlord of any damage to or deficiency or
defect in any part of the Premises or the
Building.
- The Tenant
covenants with the Landlord that the Landlord, its servants,
agents and workmen may enter and view the state of repair of
the Premises and that the Tenant will repair the Premises
according to notice in writing received from the Landlord,
subject to the Landlord's repair obligations. If the Tenant
refuses or neglects to repair as soon as reasonably possible
after written demand, the Landlord may, but will not be
obligated to, undertake such repairs without liability to
the Tenant for any loss or damage that may occur to the
Tenant's merchandise, fixtures or other property or to the
Tenant's business by such reason, and upon such completion,
the Tenant will pay, upon demand, as Additional Rent, the
Landlord's cost of making such repairs plus fifteen percent
(15%) of such cost for overhead and supervision.
- The Tenant will
keep in good order, condition and repair the non-structural
portions of the interior of the Premises and every part of
those Premises, including, without limiting the generality
of the foregoing, all equipment within the Premises,
fixtures, walls, ceilings, floors, windows, doors, plate
glass and skylights located within the Premises. Without
limiting the generality of the foregoing, the Tenant will
keep, repair, replace and maintain all glass, wiring, pipes
and mechanical apparatus in, upon or serving the Premises in
good and tenantable repair at its sole expense. When it
becomes (or, acting reasonably, should have become) aware of
same, the Tenant will notify the Landlord of any damage to
or deficiency or defect in any part of the Premises or the
Building. The Tenant will not use or keep any device which
might overload the capacity of any floor, wall, utility,
electrical or mechanical facility or service in the Premises
or the Building.
- The Tenant will
not make or permit others to make alterations, additions or
improvements or erect or have others erect any partitions or
install or have others install any trade fixtures, exterior
signs, floor covering, interior or exterior lighting,
plumbing fixtures, shades, awnings, exterior decorations or
make any changes to the Premises or otherwise without first
obtaining the Landlord's written approval thereto, such
written approval not to be unreasonably withheld in the case
of alterations, additions or improvements to the interior of
the Premises.
- The Tenant will
not install in or for the Premises any special locks, safes
or apparatus for air-conditioning, cooling, heating,
illuminating, refrigerating or ventilating the Premises
without first obtaining the Landlord's written approval
thereto. Locks may not be added or changed without the prior
written agreement of both the Landlord and the
Tenant.
- When seeking any
approval of the Landlord for Tenant repairs as required in
this Lease, the Tenant will present to the Landlord plans
and specifications of the proposed work which will be
subject to the prior approval of the Landlord, not to be
unreasonably withheld or delayed.
- The Tenant will
promptly pay all contractors, material suppliers and workmen
so as to minimize the possibility of a lien attaching to the
Premises or the Building. Should any claim of lien be made
or filed the Tenant will promptly cause the same to be
discharged.
- The Tenant will
be responsible at its own expense to replace all electric
light bulbs, tubes, ballasts or fixtures serving the
Premises.
-
Landlord's Repairs
- The Landlord
covenants and agrees to effect at its expense repairs of a
structural nature to the structural elements of the roof,
foundation and outside walls of the Building, whether
occasioned or necessitated by faulty workmanship, materials,
improper installation, construction defects or settling, or
otherwise, unless such repair is necessitated by the
negligence of the Tenant, its servants, agents, employees or
invitees, in which event the cost of such repairs will be
paid by the Tenant together with an administration fee of
fifteen percent (15%) for the Landlord's overhead and
supervision.
- Major maintenance
and repair of the Premises involving anticipated or actual
costs in excess of $100.00 per incident not due to the
Tenant's misuse, waste, or neglect or that of the Tenant's
employee, family, agent, or visitor, will be the
responsibility of the Landlord or the Landlord's
assigns.
- Where the
Premises has its own sidewalk, entrance, driveway or parking
space which is for the exclusive use of the Tenant and its
guests, the Tenant will keep the sidewalk, entrance,
driveway or parking space clean, tidy and free of
objectionable material including dirt, debris, snow and
ice.
- Where the
Premises has its own garden or grass area which is for the
exclusive use of the Tenant and its guests, the Tenant will
water, fertilize, weed, cut and otherwise maintain the
garden or grass area in a reasonable condition including any
trees or shrubs in or about the Premises.
- The Tenant will
also perform the following maintenance in respect to the
Premises:
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
- Care
and Use of Premises
- The Tenant will
promptly notify the Landlord of any damage, or of any
situation that may significantly interfere with the normal
use of the Premises.
- The Tenant will
not make (or allow to be made) any noise or nuisance which,
in the reasonable opinion of the Landlord, disturbs the
comfort or convenience of other tenants.
- The Tenant will
dispose of its trash in a timely, tidy, proper and sanitary
manner.
- The Tenant will
not engage in any illegal trade or activity on or about the
Premises.
- The Landlord and
Tenant will comply with standards of health, sanitation,
fire, housing and safety as required by law.
- The hallways,
passages and stairs of the Building in which the Premises
are situated will be used for no purpose other than going to
and from the Premises and the Tenant will not in any way
encumber those areas with boxes, furniture or other material
or place or leave rubbish in those areas and other areas
used in common with any other tenant.
-
Surrender of Premises
- The Tenant
covenants to surrender the Premises, at the expiration of
the tenancy created in this Lease, in the same condition as
the Premises were in upon delivery of possession under this
Lease, reasonable wear and tear, damage by fire or the
elements, and unavoidable casualty excepted, and agrees to
surrender all keys for the Premises to the Landlord at the
place then fixed for payment of Rent and will inform the
Landlord of all combinations to locks, safes and vaults, if
any. All alterations, additions and improvements constructed
or installed in the Premises and attached in any manner to
the floor, walls or ceiling, including any leasehold
improvements, equipment, floor covering or fixtures
(including trade fixtures), will remain upon and be
surrendered with the Premises and will become the absolute
property of the Landlord except to the extent that the
Landlord requires removal of such items. If the Tenant
abandons the Premises or if this Lease is terminated before
the proper expiration of the Term due to a default on the
part of the Tenant then, in such event, as of the moment of
default of the Tenant all trade fixtures and furnishings of
the Tenant (whether or not attached in any manner to the
Premises) will, except to the extent the Landlord requires
the removal of such items, become and be deemed to be the
property of the Landlord without indemnity to the Tenant and
as liquidated damages in respect of such default but without
prejudice to any other right or remedy of the Landlord.
Notwithstanding that any trade fixtures, furnishings,
alterations, additions, improvements or fixtures are or may
become the property of the Landlord, the Tenant will
immediately remove all or part of the same and will make
good any damage caused to the Premises resulting from the
installation or removal of such fixtures, all at the
Tenant's expense, should the Landlord so require by notice
to the Tenant. If the Tenant, after receipt of such notice
from the Landlord, fails to promptly remove any trade
fixtures, furnishings, alterations, improvements and
fixtures in accordance with such notice, the Landlord may
enter into the Premises and remove from the Premises all or
part of such trade fixtures, furnishings, alterations,
additions, improvements and fixtures without any liability
and at the expense of the Tenant, which expense will
immediately be paid by the Tenant to the Landlord. The
Tenant's obligation to observe or perform the covenants
contained in this Lease will survive the expiration or other
termination of the Term.
-
Hazardous Materials
- The Tenant will
not keep or have on the Premises any article or thing of a
dangerous, flammable, or explosive character that might
unreasonably increase the danger of fire on the Premises or
that might be considered hazardous by any responsible
insurance company.
- Rules
and Regulations
- The Tenant will
obey all rules and regulations posted by the Landlord
regarding the use and care of the Building, parking lot and
other common facilities that are provided for the use of the
Tenant in and around the Building on the
Premises.
-
Address for Notice
-
For any matter relating to this tenancy, whether during or
after this tenancy has been terminated:
- the
address for service of the Tenant is the Premises
during this tenancy, and
_________________________________ after this tenancy is
terminated. The phone number of the Tenant is
______________________; and
- the address
for service of the Landlord is
_________________________________, both during this
tenancy and after it is terminated. The phone number of
the Landlord is ______________________, fax:
______________________.
The Landlord or the Tenant may, on written notice to each other, change their respective addresses for notice under this Lease.
- the
address for service of the Tenant is the Premises
during this tenancy, and
_________________________________ after this tenancy is
terminated. The phone number of the Tenant is
______________________; and
- No
Waiver
- No provision of
this Lease will be deemed to have been waived by the
Landlord unless a written waiver from the Landlord has first
been obtained and, without limiting the generality of the
foregoing, no acceptance of rent subsequent to any default
and no condoning, excusing or overlooking by the Landlord on
previous occasions of any default nor any earlier written
waiver will be taken to operate as a waiver by the Landlord
or in any way to defeat or affect the rights and remedies of
the Landlord.
-
Landlord's Performance
- Notwithstanding
anything to the contrary contained in this Lease, if the
Landlord is delayed or hindered or prevented from the
performance of any term, covenant or act required under this
Lease by reason of strikes, labor troubles, inability to
procure materials or services, power failure, restrictive
governmental laws or regulations, riots, insurrection,
sabotage, rebellion, war, act of God or other reason,
whether of a like nature or not, which is not the fault of
the Landlord, then performance of such term, covenant or act
will be excused for the period of the delay and the Landlord
will be entitled to perform such term, covenant or act
within the appropriate time period after the expiration of
the period of such delay.
-
Limited Liability Beyond Insurance Coverage
- Notwithstanding
anything contained in this Lease to the contrary, for issues
relating to this Lease, presuming the Landlord obtains its
required insurance, the Landlord will not be liable for loss
of Tenant business income, Tenant moving expenses, and
consequential, incidental, punitive and indirect damages
which are not covered by the Landlord’s
insurance.
-
Remedies Cumulative
- No reference to
or exercise of any specific right or remedy by the Landlord
will prejudice or preclude the Landlord from any other
remedy whether allowed at law or in equity or expressly
provided for in this Lease. No such remedy will be exclusive
or dependent upon any other such remedy, but the Landlord
may from time to time exercise any one or more of such
remedies independently or in combination.
-
Landlord May Perform
- If the Tenant
fails to observe, perform or keep any of the provisions of
this Lease to be observed, performed or kept by it and such
failure is not rectified within the time limits specified in
this Lease, the Landlord may, but will not be obliged to, at
its discretion and without prejudice, rectify the default of
the Tenant. The Landlord will have the right to enter the
Premises for the purpose of correcting or remedying any
default of the Tenant and to remain until the default has
been corrected or remedied. However, any expenditure by the
Landlord incurred in any correction of a default of the
Tenant will not be deemed to waive or release the Tenant's
default or the Landlord's right to take any action as may be
otherwise permissible under this Lease in the case of any
default.
-
General Provisions
- The Tenant
authorizes the Landlord to make inquiries to any agency
related to the Tenant's compliance with any laws,
regulations, or other rules, related to the Tenant or the
Tenant's use of the Premises. The Tenant will provide to the
Landlord any written authorization that the Landlord may
reasonable require to facilitate these
inquiries.
- This Lease will
extend to and be binding upon and inure to the benefit of
the respective heirs, executors, administrators, successors
and assigns, as the case may be, of each party to this
Lease. All covenants are to be construed as conditions of
this Lease.
- All sums payable
by the Tenant to the Landlord pursuant to any provision of
this Lease will be deemed to be Additional Rent and will be
recoverable by the Landlord as rental arrears.
- Where there is
more than one Tenant executing this Lease, all Tenants are
jointly and severally liable for each other's acts,
omissions and liabilities pursuant to this
Lease.
- The Tenant will
be charged an additional amount of $25.00 for each N.S.F.
check or check returned by the Tenant's financial
institution.
- All schedules to
this Lease are incorporated into and form an integral part
of this Lease.
- Headings are
inserted for the convenience of the Parties only and are not
to be considered when interpreting this Lease. Words in the
singular mean and include the plural and vice versa. Words
in the masculine mean and include the feminine and vice
versa.
- This Lease may
be executed in counterparts. Facsimile signatures are
binding and are considered to be original
signatures.
- Time is of the
essence in this Lease.
- This Lease will
constitute the entire agreement between the Landlord and the
Tenant. Any prior understanding or representation of any
kind preceding the date of this Lease will not be binding on
either party to this Lease except to the extent incorporated
in this Lease. In particular, no warranties of the Landlord
not expressed in this Lease are to be implied.
- Nothing contained
in this Lease is intended by the Parties to create a
relationship of principal and agent, partnership, nor joint
venture. The Parties intend only to create a relationship of
landlord and tenant.
IN WITNESS WHEREOF the Parties to this Lease have duly affixed their signatures under hand and seal, or by a duly authorized officer under seal, on , ________________
|
|
|
|
Customized Lease
Location of Property:
Built for West Bengal
Different states and union territories have different rules and regulations. Your Commercial Lease Agreement Form will be customised for West Bengal.
Type of contract:
Guarantor Details
Will a third party guarantee the tenant’s financial obligation?
Type of Guarantee?
Guarantor Details
Leased Property
Property Location
Describe the property in more detail
Include a diagram of the property with the lease?
Include a legal description of the property?
Legal description of property:
Permitted Use
The landlord agrees to rent the property to the tenant only for the following permitted use:e.g. restaurant, office, retail store, medical office, dental office, beauty salon, insurance agency, etc.
Will the tenant be protected from direct competition on the property (exclusive use)?
Parking
Will the tenant receive parking privileges?
Is there a specific number of parking stalls?
How many parking stalls?
Lease Term
Lease start date:
The lease will:
Date lease ends:
Lease will renew:
Will the tenant be able to move in before the lease start date? (early possession)
Possession (occupancy) date:
Rent Details
Type of rent:
Specifying operating costs will allow you to receive additional charges, such as cleaning, security, repairs, etc., on top of the standard gross rent payment.
The tenant will be responsible for all operating costs such as cleaning, security, repairs, etc., on top of the standard gross rent payment.
How often will the tenant pay rent?
How often will the tenant pay rent?
Rent Payment
What day of the week will rent be paid?
Specify a payment address?
Payment Address
e.g. Street, City, State ZIP CodeRent Increase and Late Payments
Do you want to specify late payment charges?
Type of late payment charge:
Miscellaneous
Can the tenant assign or sublease the property?
If a dispute occurs, who will pay legal costs?
Will pets be allowed on the property?
Agreement to be signed?
Your Commercial Lease Agreement
Your Commercial Lease Agreement
COMMERCIAL LEASE AGREEMENT
THIS LEASE
(this
"Lease") dated this
, ________________
BETWEEN:
_________________________ of
_________________________
|
OF THE FIRST PART |
|
_________________________ of
_________________________
|
OF THE SECOND PART |
IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant leasing those premises from the Landlord and the mutual benefits and obligations set forth in this Lease, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to this Lease (the "Parties") agree as follows:
-
Basic
Terms
-
The following basic terms are hereby approved by the
Parties and each reference in this Lease to any of the
basic
terms will be construed to include the provisions set
forth
below as well as all of the additional terms and
conditions
of the applicable sections of this Lease where such
basic
terms are more fully set forth:
-
Landlord: _________________________
-
Address of
______________________:
_________________________________, Phone:
______________________, Fax:
______________________
-
Tenant: _________________________
-
Address of
______________________:
_________________________________, Phone:
______________________, Fax:
______________________
-
Operating
Name of ______________________:
_________________________________, Phone:
______________________, Fax:
______________________
-
Commencement Date of Lease:
_________________________________
- Base
Rent:
$__________
, payable
-
Permitted
Use of Premises:
______________________________________________________________________
-
Advance
rent: First and last month's rent
-
Security/Damage Deposit: None
-
Landlord: _________________________
-
Definitions
-
When used in this Lease, the following expressions
will
have the meanings indicated:
-
"Additional Rent" means all amounts payable by
the
Tenant under this Lease except Base Rent,
whether or
not specifically designated as Additional Rent
elsewhere in this Lease;
-
"Building"
means all buildings, improvements, equipment,
fixtures, property and facilities from time to
time
located at __________, as from time to time
altered,
expanded or reduced by the Landlord in its sole
discretion;
-
"Common Areas and Facilities"
mean:
-
those portions of the Building areas,
buildings, improvements, facilities,
utilities, equipment and installations
in or
forming part of the Building which from
time
to time are not designated or intended
by
the Landlord to be leased to tenants of
the
Building including, without limitation,
exterior weather walls, roofs, entrances
and
exits, parking areas, driveways, loading
docks and area, storage, mechanical and
electrical rooms, areas above and below
leasable premises and not included
within
leasable premises, security and alarm
equipment, grassed and landscaped areas,
retaining walls and maintenance,
cleaning
and operating equipment serving the
Building; and
-
those lands, areas, buildings,
improvements, facilities, utilities,
equipment and installations which serve
or
are for the useful benefit of the
Building,
the tenants of the Building or the
Landlord
and those having business with them,
whether
or not located within, adjacent to or
near
the Building and which are designated
from
time to time by the Landlord as part of
the
Common Areas and Facilities;
-
those portions of the Building areas,
buildings, improvements, facilities,
utilities, equipment and installations
in or
forming part of the Building which from
time
to time are not designated or intended
by
the Landlord to be leased to tenants of
the
Building including, without limitation,
exterior weather walls, roofs, entrances
and
exits, parking areas, driveways, loading
docks and area, storage, mechanical and
electrical rooms, areas above and below
leasable premises and not included
within
leasable premises, security and alarm
equipment, grassed and landscaped areas,
retaining walls and maintenance,
cleaning
and operating equipment serving the
Building; and
-
"Leasable
Area" means with respect to any rentable
premises,
the area expressed in square feet of all
floor space including floor space of mezzanines, if
any,
determined, calculated and certified by the Landlord
and
measured from the exterior face of all exterior
walls,
doors and windows, including walls, doors and
windows
separating the rentable premises from enclosed
Common
Areas and Facilities, if any, and from the center
line
of all interior walls separating the rentable
premises
from adjoining rentable premises. There will be no
deduction or exclusion for any space occupied by or
used
for columns, ducts or other structural
elements;
-
"Premises"
means the building at __________.
- "Rent"
means the total of Base Rent and Additional
Rent.
-
"Additional Rent" means all amounts payable by
the
Tenant under this Lease except Base Rent,
whether or
not specifically designated as Additional Rent
elsewhere in this Lease;
-
Intent of Lease
- It is the
intent
of this Lease and agreed to by the Parties to this Lease
that rent for this Lease will be on a gross rent basis
meaning the Tenant will pay the Base Rent and any
Additional
Rent and the Landlord will be responsible for all other
service charges related to the Premises and the
operation of
the Building save as specifically provided in this Lease
to
the contrary.
-
Leased Premises
- The Landlord
agrees to rent to the Tenant the Premises for only the
permitted use (the "Permitted Use") of:
______________________________________________________________________
______________________________________________________________________
- The Landlord
reserves the right in its reasonable discretion to
alter,
reconstruct, expand, withdraw from or add to the
Building
from time to time. In the exercise of those rights, the
Landlord undertakes to use reasonable efforts to
minimize
any interference with the visibility of the Premises and
to
use reasonable efforts
to ensure that direct entrance to and exit from the Premises is maintained.
- The Landlord
reserves the right for itself and for all persons
authorized
by it, to erect, use and maintain wiring, mains, pipes
and
conduits and other means of distributing services in and
through the Premises, and at all reasonable times to
enter
upon the Premises for the purpose of installation,
maintenance or repair, and such entry will not be an
interference with the Tenant's possession under this
Lease.
- The Landlord
reserves the right, when necessary by reason of accident
or
in order to make repairs, alterations or improvements
relating to the Premises or to other portions of the
Building to cause temporary obstruction to the Common
Areas
and Facilities as reasonably necessary and to interrupt
or
suspend the
supply of electricity, water and other services to the Premises until the repairs, alterations or improvements have been completed. There will be no abatement in rent because of such obstruction, interruption or suspension provided that the repairs, alterations or improvements are made as expeditiously as is reasonably possible.
- Subject to
this
Lease, the Tenant and its employees, customers and
invitees
will have the non-exclusive right to use for their
proper
and intended purposes, during business hours in common
with
all others entitled thereto those parts of the Common
Areas
and Facilities from time to time permitted by the
Landlord.
The Common Areas and Facilities and the Building will at
all
times be subject to the exclusive control and management
of
the Landlord. The Landlord will operate and maintain the
Common Areas and Facilities and the Building in such
manner
as the Landlord determines from time to
time.
-
Term
- The term of
the
Lease commences at 12:00 noon on December 5, 2020 and
ends
at 12:00 noon on December 5, 2020 (the
"Term").
- Should the
Tenant
remain in possession of the Premises with the consent of
the
Landlord after the natural expiration of this Lease, a
new
tenancy from month to month will be created between the
Landlord and the Tenant which will be subject to all the
terms and conditions of this Lease but will be
terminable
upon either party giving one month's notice to the other
party.
-
Rent
- Subject to
the
provisions of this Lease, the Tenant will pay a base
rent of
$__________, payable per month, for the Premises (the
"Base
Rent"), without setoff, abatement or deduction. In
addition
to the Base Rent, the Tenant will pay for any fees or
taxes
arising from the Tenant's business.
- The Tenant
will
pay the Base Rent on or before the __________ of each
and
every month of the Term to the Landlord.
- In the event
that
this Lease commences, expires or terminates before the
end
of a period for which any Additional Rent or Base Rent
would
be payable, or other than at the start or end of a
calendar
month, such amounts payable by the Tenant will be
apportioned pro rata on the basis of a thirty (30) day
month
to calculate the amount payable for such irregular
period.
- No acceptance
by
the Landlord of any amount less than the full amount
owed
will be taken to operate as a waiver by the Landlord for
the
full amount or in any way to defeat or affect the rights
and
remedies of the Landlord to pursue the full
amount.
-
Guarantees
- The indemnity
agreement by the Guarantor will be attached as a
schedule to
this Lease and will serve as a form of guarantee to this
Lease.
-
Use
and Occupation
- The Tenant
will
open the whole of the Premises for business to the
public
fully fixtured, stocked and staffed on the date of
commencement of the Term and throughout the Term, and
will
continuously occupy and utilize the entire Premises in
the
active conduct of its business in a reputable manner on
such
days and during such hours of business as may be
determined
from time to time by the Landlord.
- The Tenant
covenants that the Tenant will carry on and conduct its
business from time to time carried on upon the Premises
in
such manner as to comply with all statutes, bylaws,
rules
and regulations of any federal, state, municipal or
other
competent authority and will not do anything on or in
the
Premises in contravention of any of them.
-
Option to Purchase
- Provided the
Tenant is not currently in default in the performance of
any
term of this Lease, the Tenant will have the option to
purchase (the "Option") the Premises for $__________
(the
"Purchase Price"). The Landlord and Tenant will each
select
their own appraiser. If this option has been exercised,
the
Parties to this Lease may enter into a separate
agreement to
purchase the Premises. This agreement will incorporate
all
the key points provided in this option.
- In
consideration
for the Landlord granting the Tenant this Option, the
Tenant
will pay the Landlord the sum of $__________ (the
"Option
Fee") during the execution of the Lease.
- This Option
may
be exercised at any time after December 5, 2020 and
prior to
the end of the original term of this Lease. Upon
expiration
of the Option, the Landlord will be released from all
obligations to sell the Premises to the Tenant. If the
Tenant does not exercise the Option prior to its
expiration,
the Option Fee and all rents and other charges paid
under
this Lease will be retained by the Landlord, and neither
party will have any further rights or claims against
each
other concerning the Option. In the event the Option is
exercised, the Option Fee paid by the Tenant to the
Landlord
will be credited towards the total of the Purchase
Price.
- The Option
will
be exercised by mailing or delivering written notice to
the
Landlord prior to the expiration of this Option. Notice,
if
mailed will be by certified mail, postage prepaid, to
the
Landlord at the following address:
______________________
_________________________________ ______________________
______________________ and will be deemed to have been given
on
the date shown on the postmark of the envelope in which such
notice is mailed.
- The Tenant
may
not assign any rights under this Option separately from
all
of the Tenant's other rights under this Lease. No
assignment
may be made without the Landlord's prior written
consent.
- The Landlord
warrants to the Tenant that the Landlord is the legal
owner
of the Premises and has the legal right to sell the
Premises
under the terms and conditions of this
Lease.
-
If the Option is exercised, the following provisions
will
be applicable:
-
The Tenant will take title to the Premises
subject
to any of the following exceptions (the
"Permitted
Exceptions"):
-
real estate taxes not yet due at the
time
of closing;
-
covenants, conditions, zoning laws and
ordinances, reservations, rights, public
and
private easements then on record, if
any;
and
-
liens or encumbrances involving an
ascertainable amount that will be paid
off
or removed by the Landlord upon the
closing
of this purchase.
-
real estate taxes not yet due at the
time
of closing;
- Unless
otherwise extended by other terms of this Lease,
the
closing will be held within the latter of
from
exercise of the Option or the removal of any
exceptions, outside of the Permitted Exceptions,
to
the title by the Landlord.
- Rents,
real estate taxes and other expenses of the
Premises
will be prorated as of the date of the closing
date.
Security deposits, advance rentals or
considerations
involving future lease credits will be credited
to
the Tenant.
- The
Parties acknowledge that the availability of
financing and purchase costs cannot be
guaranteed.
The Parties agree that these items will not be
conditions of performance of this Lease or this
Option and the Parties agree they have not
relied
upon any other representations or warranties by
brokers, sellers or any other parties which are
not
set out in this Lease.
-
No later than 30 days from the exercise of
this
Option, the Landlord will provide the Tenant the
following documents (the "Seller
Disclosure"):
-
a
property condition disclosure, signed
and
dated by the Landlord;
-
a
commitment for the policy of title
insurance; and
-
written notice of any claims and/or
conditions known to the Landlord
relating to
environmental problems or building or
zoning
code violations.
-
a
property condition disclosure, signed
and
dated by the Landlord;
- The
Tenant
has 45 days from the date of receipt of the
Seller
Disclosure to examine the title to the Premises
and
to report, in writing, any valid objections. Any
exceptions to the title which would be disclosed
by
examination of the records will be deemed to
have
been accepted unless reported in writing within
45
days. If the Tenant objects to any exceptions to
the
title, the Landlord will use all due diligence
to
remove such exceptions at the Landlord's own
expense
within 60 days. But if such exceptions cannot be
removed within the 60 days allowed, all rights
and
obligations under this Option may, at the
election
of the Tenant, terminate and end unless the
Tenant
elects to purchase the Premises subject to such
exceptions.
- Upon
the
completion of the closing, all rights and
obligations under the Lease (other than the
Option)
will cease to exist and the Parties will have no
further rights or claims against each other
concerning the Lease.
-
The Tenant will take title to the Premises
subject
to any of the following exceptions (the
"Permitted
Exceptions"):
-
Quiet
Enjoyment
- The Landlord
covenants that on paying the Rent and performing the
covenants contained in this Lease, the Tenant will
peacefully and quietly have, hold, and enjoy the
Premises
for the agreed term.
-
Default
- If the Tenant
is
in default in the payment of any money, whether hereby
expressly reserved or deemed as rent, or any part of the
rent, and such default continues following any specific
due
date on which the Tenant is to make such
payment, or in the absence of such specific due date, for the ______ days following written notice by the Landlord requiring the Tenant to pay the same then, at the option of the Landlord, this Lease may be terminated upon ______ days notice and the term will then immediately become forfeited and void, and the Landlord may without further notice or any form of legal process immediately reenter the Premises or any part of the Premises and in the name of the whole repossess and enjoy the same as of its former state anything contained in this Lease or in any statute or law to the contrary notwithstanding.
- Unless
otherwise
provided for in this Lease, if the Tenant does not
observe,
perform and keep each and every of the non-monetary
covenants, agreements, stipulations, obligations,
conditions
and other provisions of this Lease to be observed,
performed
and kept by the Tenant and persists in such default,
after ______ days following written notice from
the
Landlord requiring that the
Tenant remedy, correct or comply or, in the case of such default which would reasonably require more than ______ days to rectify, unless the Tenant will commence rectification within the said ______ days notice period and thereafter promptly and diligently and continuously proceed with the rectification of any such defaults then, at the option of the Landlord, this Lease may be terminated upon ______ days notice and the term will then immediately become forfeited and void, and the Landlord may without further notice or any form of legal process immediately reenter the Premises or any part of the Premises and in the name of the whole repossess and enjoy the same as of its former state anything contained in this Lease or in any statute or law to the contrary notwithstanding.
-
If and whenever:
- the
Tenant's leasehold interest hereunder, or any
goods,
chattels or equipment of the Tenant located in
the
Premises will be taken or seized in execution or
attachment, or if any writ of execution will
issue
against the Tenant or the Tenant will become
insolvent or commit an act of bankruptcy or
become
bankrupt or take the benefit of any legislation
that
may be in force for bankrupt or insolvent debtor
or
become involved in voluntary or involuntary
winding
up, dissolution or liquidation proceedings, or
if a
receiver will be appointed for the affairs,
business, property or revenues of the Tenant;
or
- the
Tenant
fails to commence, diligently pursue and
complete
the Tenant's work to be performed under any
agreement to lease pertaining to the Premises or
vacate or abandon the Premises, or fail or cease
to
operate or otherwise cease to conduct business
from
the Premises, or use or permit or suffer the use
of
the Premises for any purpose other than as
permitted
in this clause, or make a bulk sale of its goods
and
assets which has not been consented to by the
Landlord, or move or commence, attempt or
threaten
to move its goods, chattels and equipment out of
the
Premises other than in the routine course of its
business;
then, and in each such case, at the option of the Landlord, this Lease may be terminated without notice and the term will then immediately become forfeited and void, and the Landlord may without notice or any form of legal process immediately reenter the Premises or any part of the Premises and in the name of the whole repossess and enjoy the same as of its former state anything contained in this Lease or in any statute or law to the contrary notwithstanding.
- the
Tenant's leasehold interest hereunder, or any
goods,
chattels or equipment of the Tenant located in
the
Premises will be taken or seized in execution or
attachment, or if any writ of execution will
issue
against the Tenant or the Tenant will become
insolvent or commit an act of bankruptcy or
become
bankrupt or take the benefit of any legislation
that
may be in force for bankrupt or insolvent debtor
or
become involved in voluntary or involuntary
winding
up, dissolution or liquidation proceedings, or
if a
receiver will be appointed for the affairs,
business, property or revenues of the Tenant;
or
- In the event
that
the Landlord has terminated the Lease pursuant to this
section, on the expiration of the time fixed in the
notice,
if any, this Lease and the right, title, and interest of
the
Tenant under this Lease will terminate in the same
manner
and with the same force and effect, except as to the
Tenant's liability, as if the date fixed in the notice
of
cancellation and termination were the end of the
Lease.
-
Distress
- If and
whenever
the Tenant is in default in payment of any money,
whether
hereby expressly reserved or deemed as rent, or any part
of
the rent, the Landlord may, without notice or any form
of
legal process, enter upon the Premises and seize, remove
and
sell the Tenant's goods, chattels and equipment from the
Premises or seize, remove and sell any goods, chattels
and
equipment at any place to which the Tenant or any other
person may have removed them, in the same manner as if
they
had remained and been distrained upon the Premises, all
notwithstanding any rule of law or equity to the
contrary,
and the Tenant hereby waives and renounces the benefit
of
any present or future statute or law limiting or
eliminating
the Landlord's right of distress.
-
Overholding
- If the Tenant
continues to occupy the Premises without the written
consent
of the Landlord after the expiration or other
termination of
the Term, then, without any further written agreement,
the
Tenant will be a month-to-month tenant at a minimum
monthly
rental equal to twice the Base Rent and subject always
to
all of the other provisions of this Lease insofar as the
same are applicable to a month-to-month tenancy and a
tenancy from year to year will not be created by
implication
of law.
-
Additional Rights on Reentry
-
If the Landlord reenters the Premises or terminates
this
Lease, then:
-
notwithstanding any such termination or the
Term
thereby becoming forfeited and void, the
provisions
of this Lease relating to the consequences of
termination will survive;
- the
Landlord may use such reasonable force as it may
deem necessary for the purpose of gaining
admittance
to and retaking possession of the Premises and
the
Tenant hereby releases the Landlord from all
actions, proceedings, claims and demands
whatsoever
for and in respect of any such forcible entry or
any
loss or damage in connection therewith or
consequential thereupon;
- the
Landlord may expel and remove, forcibly, if
necessary, the Tenant, those claiming under the
Tenant and their effects, as allowed by law,
without
being taken or deemed to be guilty of any manner
of
trespass;
- in the
event that the Landlord has removed the property
of
the Tenant, the Landlord may store such property
in
a public warehouse or at a place selected by the
Landlord, at the expense of the Tenant. If the
Landlord feels that it is not worth storing such
property given its value and the cost to store
it,
then the Landlord may dispose of such property
in
its sole discretion and use such funds, if any,
towards any indebtedness of the Tenant to the
Landlord. The Landlord will not be responsible
to
the Tenant for the disposal of such property
other
than to provide any balance of the proceeds to
the
Tenant after paying any storage costs and any
amounts owed by the Tenant to the
Landlord;
- the
Landlord may relet the Premises or any part of
the
Premises for a term or terms which may be less
or
greater than the balance of the Term remaining
and
may grant reasonable concessions in connection
with
such reletting including any alterations and
improvements to the Premises;
- after
reentry, the Landlord may procure the
appointment of
a receiver to take possession and collect rents
and
profits of the business of the Tenant, and, if
necessary to collect the rents and profits the
receiver may carry on the business of the Tenant
and
take possession of the personal property used in
the
business of the Tenant, including inventory,
trade
fixtures, and furnishings, and use them in the
business without compensating the
Tenant;
- after
reentry, the Landlord may terminate the Lease on
giving 5 days' written notice of termination to
the
Tenant. Without this notice, reentry of the
Premises
by the Landlord or its agents will not terminate
this Lease;
-
the Tenant will pay to the Landlord on
demand:
-
all rent, Additional Rent and other
amounts payable under this Lease up to
the
time of reentry or termination,
whichever is
later;
-
reasonable expenses as the Landlord
incurs
or has incurred in
connection with the reentering, terminating, reletting, collecting sums due or payable by the Tenant, realizing upon assets seized; including without limitation, brokerage, fees and expenses and legal fees and disbursements and the expenses of keeping the Premises in good order, repairing the same and preparing them for reletting; and
-
as liquidated damages for the loss of
rent
and other income of the Landlord
expected to
be derived from this Lease during the
period
which would have constituted the
unexpired
portion of the Term had it not been
terminated, at the option of the
Landlord,
either:
-
an amount determined by
reducing
to present worth at an assumed
interest rate of twelve percent
(12%) per annum all Base Rent
and
estimated Additional Rent to
become
payable during the period which
would have constituted the
unexpired
portion of the Term, such
determination to be made by the
Landlord, who may make reasonable estimates of when any such other amounts would have become payable and may make such other assumptions of the facts as may be reasonable in the circumstances; or
-
an amount equal to the Base
Rent
and estimated Additional Rent
for a
period of six (6)
months.
-
an amount determined by
reducing
to present worth at an assumed
interest rate of twelve percent
(12%) per annum all Base Rent
and
estimated Additional Rent to
become
payable during the period which
would have constituted the
unexpired
portion of the Term, such
determination to be made by the
-
all rent, Additional Rent and other
amounts payable under this Lease up to
the
time of reentry or termination,
whichever is
later;
-
notwithstanding any such termination or the
Term
thereby becoming forfeited and void, the
provisions
of this Lease relating to the consequences of
termination will survive;
-
Inspections and Landlord's Right to Enter
- During the
Term
and any renewal of this Lease, the Landlord and its
agents
may enter the Premises to make inspections or repairs at
all
reasonable times. However, except where the Landlord or
its
agents consider it is an emergency, the Landlord must
have
given not less than 24 hours prior written notice to the
Tenant.
- The Tenant
acknowledges that the Landlord or its agent will have
the
right to enter the Premises at all reasonable times to
show
them to prospective purchasers, encumbrancers, lessees
or
assignees, and may also during the ninety days preceding
the
termination of the terms of this Lease, place upon the
Premises the usual type of notice to the effect that the
Premises are for rent, which notice the Tenant will
permit
to remain on them.
- The Landlord
may
inspect the Tenant's goods on the Premises and the
Tenant's
records relating to those goods during normal business
hours, with at least five (5) days' written notice, to
identify the nature of the goods, compliance with this
Lease, or compliance with any laws, regulations, or
other
rules.
-
Tenant Improvements
-
The Tenant will obtain written permission from the
Landlord before doing any of the following:
-
painting,
wallpapering, redecorating or in any way
significantly altering the appearance of the
Premises;
-
removing
or adding walls, or performing any structural
alterations;
-
changing
the amount of heat or power normally used on the
Premises as well as installing additional
electrical
wiring or heating units;
-
subject to
this Lease, placing or exposing or allowing to
be
placed or exposed anywhere inside or outside the
Premises any placard, notice or sign for
advertising
or any other purpose;
-
affixing
to or erecting upon or near the Premises any
radio
or TV antenna or tower, or satellite dish;
or
-
installing
or affixing upon or near the Premises any plant,
equipment, machinery or apparatus without the
Landlord's prior consent.
-
painting,
wallpapering, redecorating or in any way
significantly altering the appearance of the
Premises;
-
Utilities and Other Costs
-
Signs
- The Tenant
may
erect, install and maintain a sign of a kind and size in
a
location, all in accordance with the Landlord's design
criteria for the Building and as first approved in
writing
by the Landlord. All other signs, as well as the
advertising
practices of the Tenant, will comply with all applicable
rules and regulations of the Landlord. The Tenant will
not
erect, install or maintain any sign other than in
accordance
with this section.
-
Insurance
-
Tenant's Insurance
-
The Tenant's policies of insurance hereinbefore
referred
to will contain the following:
-
provisions
that the Landlord is protected notwithstanding
any
act, neglect or misrepresentation of the Tenant
which might otherwise result in the avoidance of
claim under such policies will not be affected
or
invalidated by any act, omission or negligence
of
any third party which is not within the
knowledge or
control of the insured(s);
-
provisions
that such policies and the coverage evidenced
thereby will be primary and noncontributing with
respect to any policies carried by the Landlord
and
that any coverage carried by the Landlord will
be
excess coverage;
- all
insurance referred to above will provide for
waiver
of the insurer's rights of subrogation as
against
the Landlord; and
-
provisions
that such policies of insurance will not be
cancelled without the insurer providing the
Landlord
thirty (30) days' written notice stating when
such
cancellation will be effective.
-
provisions
that the Landlord is protected notwithstanding
any
act, neglect or misrepresentation of the Tenant
which might otherwise result in the avoidance of
claim under such policies will not be affected
or
invalidated by any act, omission or negligence
of
any third party which is not within the
knowledge or
control of the insured(s);
- The Tenant
will
further during the whole of the Term maintain such other
insurance in such amounts and in such sums as the
Landlord
may reasonably determine from time to time. Evidence
satisfactory to the Landlord of all such policies of
insurance will be provided to the Landlord upon
request.
- The Tenant
will
not do, omit or permit to be done or omitted upon the
Premises anything which will cause any rate of insurance
upon the Building or any part of the Building to be
increased or cause such insurance to be cancelled. If
any
such rate of insurance will be increased as previously
mentioned, the Tenant
will pay to the Landlord the amount of the increase as Additional Rent. If any insurance policy upon the Building or any part of the Building is cancelled or threatened to be cancelled by reason of the use or occupancy by the Tenant or any such act or omission, the Tenant will immediately remedy or rectify such use, occupation, act or omission upon being requested to do so by the Landlord, and if the Tenant fails to so remedy or rectify, the Landlord may at its option terminate this Lease and the Tenant will immediately deliver up possession of the Premises to the Landlord.
- The Tenant
will
not at any time during the Term use, exercise, carry on
or
permit or suffer to be used, exercised, carried on, in
or
upon the Premises or any part of the Premises, any
noxious,
noisome or offensive act, trade business occupation or
calling, and no act, matter or thing whatsoever will at
any
time during the said term be done in or upon the
Premises,
or any part Premises, which will or may be or grow to
the
annoyance, nuisance, grievance, damage or disturbance of
the
occupiers or owners of the Building, or adjoining lands
or
premises.
-
Landlord's Insurance
- The Landlord
agrees to request its insurers, upon written request of
the
Tenant, to have all insurance taken out and maintained
by
the Landlord provide for waiver of the Landlord's
insurers'
rights of subrogation as against the Tenant when and to
the
extent permitted from time to time by its
insurers.
-
Abandonment
- If at any
time
during the Term, the Tenant abandons the Premises or any
part of the Premises, the Landlord may, at its option,
enter
the Premises by any means without being liable for any
prosecution for such entering, and without
becoming liable to the Tenant for damages or for any payment of any kind whatever, and may, at the Landlord's discretion, as agent for the Tenant, relet the Premises, or any part of the Premises, for the whole or any part of the then unexpired Term, and may receive and collect all rent payable by virtue of such reletting, and, at the Landlord's option, hold the Tenant liable for any difference between the Rent that would have been payable under this Lease during the balance of the unexpired Term, if this Lease had continued in force, and the net rent for such period realized by the Landlord by means of the reletting. If the Landlord's right of reentry is exercised following abandonment of the premises by the Tenant, then the Landlord may consider any personal property belonging to the Tenant and left on the Premises to also have been abandoned, in which case the Landlord may dispose of all such personal property in any manner the Landlord will deem proper and is relieved of all liability for doing so.
-
Subordination and Attornment
- This Lease
and
the Tenant's rights under this Lease will automatically
be
subordinate to any mortgage or mortgages, or encumbrance
resulting from any other method of financing or
refinancing,
now or afterwards in force against the Lands or Building
or
any part of the Lands or Building, as now or later
constituted, and to all advances made or afterwards made
upon such security; and, upon the request of the
Landlord,
the Tenant will execute such documentation as may be
required by the Landlord in order to confirm and
evidence
such subordination.
- The Tenant
will,
in the event any proceedings are brought, whether in
foreclosure or by way of the exercise of the power of
sale
or otherwise, under any other mortgage or other method
of
financing or refinancing made by the Landlord in respect
of
the Building, or any portion of the Building, attorn to
the
encumbrancer upon any such foreclosure or sale and
recognize
such encumbrancer as the Landlord under this Lease, but
only
if such encumbrancer will so elect and
require.
- Upon the
written
request of the Tenant, the Landlord agrees to request
any
mortgagee or encumbrancer of the Lands (present or
future)
to enter into a non-disturbance covenant in favor of the
Tenant, whereby such mortgagee or encumbrancer will
agree
not to disturb the Tenant in its possession and
enjoyment of
the Premises for so long as the Tenant is not in default
under this Lease.
-
Registration of Caveat
-
The Tenant will not register this Lease, provided,
however, that:
- The
Tenant
may file a caveat respecting this Lease but will
not
be entitled to attach this Lease, and, in any
event,
will not file such caveat prior to the
commencement
date of the Term. The caveat will not state the
Base
Rent
or any other financial provisions contained in this Lease.
- If the
Landlord's permanent financing has not been
fully
advanced, the Tenant covenants and agrees not to
file a caveat until such time as the Landlord's
permanent financing has been fully
advanced.
- The
Tenant
may file a caveat respecting this Lease but will
not
be entitled to attach this Lease, and, in any
event,
will not file such caveat prior to the
commencement
date of the Term. The caveat will not state the
Base
Rent
-
Estoppel Certificate and Acknowledgement
- Whenever
requested by the Landlord, a mortgagee or any other
encumbrance holder or other third party having an
interest
in the Building or any part of the Building, the Tenant
will, within ten (10) days of the request, execute and
deliver an estoppel certificate or other form of
certified
acknowledgement as to the Commencement Date, the status
and
the validity of this Lease, the state of the rental
account
for this Lease, any incurred defaults on the part of the
Landlord alleged by the Tenant, and such other
information
as may reasonably be required.
-
Sale
by Landlord
- In the event
of
any sale, transfer or lease by the Landlord of the
Building
or any interest in the Building or portion of the
Building
containing the Premises or assignment by the Landlord of
this Lease or any interest of the Landlord in the Lease
to
the extent that the purchaser, transferee, tenant or
assignee assumes the covenants and obligations of the
Landlord under this Lease, the Landlord will without
further
written agreement be freed and relieved of liability
under
such covenants and obligations. This Lease may be
assigned
by the Landlord to any mortgagee or encumbrancee of the
Building as security.
-
Tenant's Indemnity
- The Tenant
will
and does hereby indemnify and save harmless the
Landlord, or
any other person claiming through or under the Landlord,
of
and from all loss and damage and all actions, claims,
costs,
demands, expenses, fines, liabilities and suits of any
nature whatsoever for which the Landlord will or may
become
liable, incur or suffer by reason of a breach, violation
or
nonperformance by the Tenant of any covenant, term or
provision hereof or by reason of any builders' or other
liens for any work done or materials provided or
services
rendered for alterations, improvements or repairs, made
by
or on behalf of the Tenant to the Premises, or by reason
of
any injury occasioned to or suffered by any person or
damage
to any property, or by reason of any wrongful act or
omission, default or negligence on the part of the
Tenant or
any of its agents, concessionaires, contractors,
customers,
employees, invitees or licensees in or about the
Building,
including any losses caused, or contributed to by, any
trespasser while that trespasser is in or about the
Building.
- It is agreed
between the Landlord and the Tenant that the Landlord
will
not be liable for any loss, injury, or damage to persons
or
property resulting from falling
plaster, steam, electricity, water, rain, snow or dampness, or from any other cause.
- It is agreed
between the Landlord and the Tenant that the Landlord
will
not be liable for any loss or damage caused by acts or
omissions of other tenants or occupants, their employees
or
agents or any persons not the employees or agents of the
Landlord, or for any damage caused by the construction
of
any public or quasi-public works, and in no event will
the
Landlord be liable for any consequential or indirect
damages
suffered by the Tenant.
- It is agreed
between the Landlord and the Tenant that the Landlord
will
not be liable for any loss, injury or damage caused to
persons using the Common Areas and Facilities or to
vehicles
or their contents or any other property on them, or for
any
damage to property entrusted to its or their employees,
or
for the loss of any property by theft or otherwise, and
all
property kept or stored in the Premises will be at the
sole
risk of the Tenant.
-
Liens
- The Tenant
will
immediately upon demand by the Landlord remove or cause
to
be removed and afterwards institute and diligently
prosecute
any action pertinent to it, any builders' or other lien
or
claim of lien noted or filed against or otherwise
constituting an encumbrance on any title of the
Landlord.
Without limiting the foregoing obligations of the
Tenant,
the Landlord may cause the same to be removed, in which
case
the Tenant will pay to the Landlord as Additional Rent,
such
cost including the Landlord's legal costs.
-
Governing Law
- It is the
intention of the Parties to this Lease that the tenancy
created by this Lease and the performance under this
Lease,
and all suits and special proceedings under this Lease,
be
construed in accordance with and governed, to the
exclusion
of the law of any other forum, by the laws of the State
of
Colorado, without regard to the jurisdiction in which
any
action or special proceeding may be
instituted.
-
Severability
- If there is a
conflict between any provision of this Lease and the
applicable legislation of the State of Colorado
(the
'Act'), the Act will prevail and such provisions of the
Lease
will be amended or deleted as necessary in order to comply
with
the Act. Further, any provisions that are required by the
Act
are incorporated into this Lease.
- If there is a
conflict between any provision of this Lease and any
form of
lease prescribed by the Act, that prescribed form will
prevail and such provisions of the lease will be amended
or
deleted as necessary in order to comply with that
prescribed
form. Further, any provisions that are required by that
prescribed form are incorporated into this
Lease.
-
Amendment of Lease
- Any amendment
or
modification of this Lease or additional obligation
assumed
by either party to this Lease in connection with this
Lease
will only be binding if evidenced in writing signed by
each
party or an authorized representative of each
party.
-
Assignment and Subletting
- The Tenant
will
not assign this Lease, or sublet or grant any concession
or
license to use the Premises or any part of the Premises.
An
assignment, subletting, concession, or license, whether
by
operation of law or otherwise, will be void and will, at
Landlord's option, terminate this Lease.
-
Bulk
Sale
- No bulk sale
of
goods and assets of the Tenant may take place without
first
obtaining the written consent of the Landlord, which
consent
will not be unreasonably withheld so long as the Tenant
and
the Purchaser are able to provide the Landlord with
assurances, in a form satisfactory to the Landlord, that
the
Tenant’s obligations in this Lease will continue to be
performed and respected, in the manner satisfactory to
the
Landlord, after completion of the said bulk
sale.
-
Damage to Premises
- If the
Premises,
or any part of the Premises, will be partially damaged
by
fire or other casualty not due to the Tenant's
negligence or
willful act or that of the Tenant's employee, family,
agent,
or visitor, the Premises will be promptly repaired by
the
Landlord and there will be an abatement of rent
corresponding with the time during which, and the extent
to
which, the Premises may have been untenantable. However,
if
the Premises should be damaged other than by the
Tenant's
negligence or willful act or that of the Tenant's
employee,
family, agent, or visitor to the extent that the
Landlord
will decide not to rebuild or repair, the term of this
Lease
will end and the Rent will be prorated up to the time of
the
damage.
-
Force
Majeure
- In the event
that
the Landlord or the Tenant will be unable to fulfill, or
shall be delayed or prevented from the fulfillment of,
any
obligation in this Lease by
reason of municipal delays in providing necessary approvals or permits, the other party’s delay in providing approvals as required in this Lease, strikes, third party lockouts, fire, flood, earthquake, lightning, storm, acts of God or our Country's enemies, riots, insurrections or other reasons of like nature beyond the reasonable control of the party delayed or prevented from fulfilling any obligation in this Lease (excepting any delay or prevention from such fulfillment caused by a lack of funds or other financial reasons) and provided that such party uses all reasonable diligence to overcome such unavoidable delay, then the time period for performance of such an obligation will be extended for a period equivalent to the duration of such unavoidable delay.
-
Eminent Domain and Expropriation
- If during the
Term, title is taken to the whole or any part of the
Building by any competent authority under the power of
eminent domain or by expropriation, which taking, in the
reasonable opinion of the Landlord, does not leave a
sufficient remainder to constitute an economically
viable
building, the Landlord may at its option, terminate this
Lease on the date possession is taken by or on behalf of
such authority. Upon such termination, the Tenant will
immediately deliver up possession of the Premises, Base
Rent
and any Additional Rent will be payable up to the date
of
such termination, and the Tenant will be entitled to be
repaid by the Landlord any rent paid in advance and
unearned
or an appropriate portion of that rent. In the event of
any
such taking, the Tenant will have no claim upon the
Landlord
for the value of its property or the unexpired portion
of
the Term, but the Parties will each be entitled to
separately advance their claims for compensation for the
loss of their respective interests and to receive and
retain
such compensation as may be awarded to each
respectively. If
an award of compensation made to the Landlord
specifically
includes an award for the Tenant, the Landlord will
account
for that award to the Tenant and vice versa.
-
Condemnation
- A
condemnation of
the Building or any portion of the Premises will result
in
termination of this Lease. The Landlord will receive the
total of any consequential damages awarded as a result
of
the condemnation proceedings. All future rent
installments
to be paid by the Tenant under this Lease will be
terminated.
-
Tenant's Repairs and Alterations
- The Tenant
covenants with the Landlord to occupy the Premises in a
tenant-like manner and not to permit waste. The Tenant
will
at all times and at its sole expense, subject to the
Landlord's repair, maintain and keep the Premises,
reasonable wear and tear, damage by fire, lightning,
tempest, structural repairs, and repairs necessitated
from
hazards and perils against which the Landlord is
required to
insure excepted. Without limiting the generality of the
foregoing, the
Tenant will keep, repair, replace and maintain all glass, wiring, pipes and mechanical apparatus in, upon or serving the Premises in good and tenantable repair at its sole expense. When it becomes (or, acting reasonably, should have become) aware of same, the Tenant will notify the Landlord of any damage to or deficiency or defect in any part of the Premises or the Building.
- The Tenant
covenants with the Landlord that the Landlord, its
servants,
agents and workmen may enter and view the state of
repair of
the Premises and that the Tenant will repair the
Premises
according to notice in writing received from the
Landlord,
subject to the Landlord's repair obligations. If the
Tenant
refuses or neglects to repair as soon as reasonably
possible
after written demand, the Landlord may, but will not be
obligated to, undertake such repairs without liability
to
the Tenant for any loss or damage that may occur to the
Tenant's merchandise, fixtures or other property or to
the
Tenant's business by such reason, and upon such
completion,
the Tenant will pay, upon demand, as Additional Rent,
the
Landlord's cost of making such repairs plus fifteen
percent
(15%) of such cost for overhead and
supervision.
- The Tenant
will
keep in good order, condition and repair the
non-structural
portions of the interior of the Premises and every part
of
those Premises, including, without limiting the
generality
of the foregoing, all equipment within the Premises,
fixtures, walls, ceilings, floors, windows, doors, plate
glass and skylights located within the Premises. Without
limiting the generality of the foregoing, the Tenant
will
keep, repair, replace and maintain all glass, wiring,
pipes
and mechanical apparatus in, upon or serving the
Premises in
good and tenantable repair at its sole expense. When it
becomes (or, acting reasonably, should have become)
aware of
same, the Tenant will notify the Landlord of any damage
to
or deficiency or defect in any part of the Premises or
the
Building. The Tenant will not use or keep any device
which
might overload the capacity of any floor, wall, utility,
electrical or mechanical facility or service in the
Premises
or the Building.
- The Tenant
will
not make or permit others to make alterations, additions
or
improvements or erect or have others erect any
partitions or
install or have others install any trade fixtures,
exterior
signs, floor covering, interior or exterior lighting,
plumbing fixtures, shades, awnings, exterior decorations
or
make any changes to the Premises or otherwise without
first
obtaining the Landlord's written approval thereto, such
written approval not to be unreasonably withheld in the
case
of alterations, additions or improvements to the
interior of
the Premises.
- The Tenant
will
not install in or for the Premises any special locks,
safes
or apparatus for air-conditioning, cooling, heating,
illuminating, refrigerating or ventilating the Premises
without first obtaining the Landlord's written approval
thereto. Locks may not be added or changed without the prior written agreement of both the Landlord and the Tenant.
- When seeking
any
approval of the Landlord for Tenant repairs as required
in
this Lease, the Tenant will present to the Landlord
plans
and specifications of the proposed work which will be
subject to the prior approval of the Landlord, not to be
unreasonably withheld or delayed.
- The Tenant
will
promptly pay all contractors, material suppliers and
workmen
so as to minimize the possibility of a lien attaching to
the
Premises or the Building. Should any claim of lien be
made
or filed the Tenant will promptly cause the same to be
discharged.
- The Tenant
will
be responsible at its own expense to replace all
electric
light bulbs, tubes, ballasts or fixtures serving the
Premises.
-
Landlord's Repairs
- The Landlord
covenants and agrees to effect at its expense repairs of
a
structural nature to the structural elements of the
roof,
foundation and outside walls of the Building, whether
occasioned or necessitated by faulty workmanship,
materials,
improper installation, construction defects or settling,
or otherwise, unless such repair is necessitated by the negligence of the Tenant, its servants, agents, employees or invitees, in which event the cost of such repairs will be paid by the Tenant together with an administration fee of fifteen percent (15%) for the Landlord's overhead and supervision.
- Major
maintenance
and repair of the Premises involving anticipated or
actual
costs in excess of $100.00 per incident not due to the
Tenant's misuse, waste, or neglect or that of the
Tenant's
employee, family, agent, or visitor, will be the
responsibility of the Landlord or the Landlord's
assigns.
- Where the
Premises has its own sidewalk, entrance, driveway or
parking
space which is for the exclusive use of the Tenant and
its
guests, the Tenant will keep the sidewalk, entrance,
driveway or parking space clean, tidy and free of
objectionable material including dirt, debris, snow and
ice.
- Where the
Premises has its own garden or grass area which is for
the
exclusive use of the Tenant and its guests, the Tenant
will
water, fertilize, weed, cut and otherwise maintain the
garden or grass area in a reasonable condition including
any
trees or shrubs in or about the Premises.
- The Tenant
will
also perform the following maintenance in respect to the
Premises:
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
-
Care
and Use of Premises
- The Tenant
will
promptly notify the Landlord of any damage, or of any
situation that may significantly interfere with the
normal
use of the Premises.
- The Tenant
will
not make (or allow to be made) any noise or nuisance
which,
in the reasonable opinion of the Landlord, disturbs the
comfort or convenience of other tenants.
- The Tenant
will
dispose of its trash in a timely, tidy, proper and
sanitary
manner.
- The Tenant
will
not engage in any illegal trade or activity on or about
the
Premises.
- The Landlord
and
Tenant will comply with standards of health, sanitation,
fire, housing and safety as required by law.
- The hallways,
passages and stairs of the Building in which the
Premises
are situated will be used for no purpose other than
going to
and from the Premises and the Tenant will not in any way
encumber those areas with boxes, furniture or other
material
or place or leave rubbish in those areas and other areas
used in common with any other tenant.
-
Surrender of Premises
- The Tenant
covenants to surrender the Premises, at the expiration
of
the tenancy created in this Lease, in the same condition
as
the Premises were in upon delivery of possession under
this
Lease, reasonable wear and tear, damage by fire or the
elements, and unavoidable casualty excepted, and agrees
to
surrender all keys for the Premises to the Landlord at
the
place then fixed for payment of Rent and will inform the
Landlord of all combinations to locks, safes and vaults,
if
any. All alterations, additions and improvements
constructed
or installed in the Premises and attached in any manner
to
the floor, walls or ceiling, including any leasehold
improvements, equipment, floor covering or fixtures
(including trade fixtures), will remain upon and be
surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the Term due to a default on the part of the Tenant then, in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) will, except to the extent the Landlord requires the removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of the same and will make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at the Tenant's expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises and remove from the Premises all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense will immediately be paid by the Tenant to the Landlord. The Tenant's obligation to observe or perform the covenants contained in this Lease will survive the expiration or other termination of the Term.
-
Hazardous Materials
- The Tenant
will
not keep or have on the Premises any article or thing of
a
dangerous, flammable, or explosive character that might
unreasonably increase the danger of fire on the Premises
or
that might be considered hazardous by any responsible
insurance company.
-
Rules
and Regulations
- The Tenant
will
obey all rules and regulations posted by the Landlord
regarding the use and care of the Building, parking lot
and
other common facilities that are provided for the use of
the
Tenant in and around the Building on the
Premises.
-
Address for Notice
-
For any matter relating to this tenancy, whether
during or
after this tenancy has been terminated:
- the
address for service of the Tenant is the
Premises
during this tenancy, and
_________________________________ after this tenancy
is
terminated. The phone number of the Tenant is
______________________; and
- the
address
for service of the Landlord is
_________________________________, both during this
tenancy
and after it is terminated. The phone number of the Landlord is ______________________, fax: ______________________.
The Landlord or the Tenant may, on written notice to each other, change their respective addresses for notice under this Lease.
- the
address for service of the Tenant is the
Premises
during this tenancy, and
_________________________________ after this tenancy
is
terminated. The phone number of the Tenant is
______________________; and
-
No
Waiver
- No provision
of
this Lease will be deemed to have been waived by the
Landlord unless a written waiver from the Landlord has
first
been obtained and, without limiting the generality of
the
foregoing, no acceptance of rent subsequent to any
default
and no condoning, excusing or overlooking by the
Landlord on
previous occasions of any default nor any earlier
written
waiver will be taken to operate as a waiver by the
Landlord
or in any way to defeat or affect the rights and
remedies of
the Landlord.
-
Landlord's Performance
-
Notwithstanding
anything to the contrary contained in this Lease, if the
Landlord is delayed or hindered or prevented from the
performance of any term, covenant or act required under
this
Lease by reason of strikes, labor troubles, inability to
procure materials or services, power failure,
restrictive
governmental laws or regulations, riots, insurrection,
sabotage, rebellion, war, act of God or
other reason, whether of a like nature or not, which is not the fault of the Landlord, then performance of such term, covenant or act will be excused for the period of the delay and the Landlord will be entitled to perform such term, covenant or act within the appropriate time period after the expiration of the period of such delay.
-
Limited Liability Beyond Insurance
Coverage
-
Notwithstanding
anything contained in this Lease to the contrary, for
issues
relating to this Lease, presuming the Landlord obtains
its
required insurance, the Landlord will not be liable for
loss
of Tenant business income, Tenant moving expenses, and
consequential, incidental, punitive and indirect damages
which are not covered by the Landlord’s
insurance.
-
Remedies Cumulative
- No reference
to
or exercise of any specific right or remedy by the
Landlord
will prejudice or preclude the Landlord from any other
remedy whether allowed at law or in equity or expressly
provided for in this Lease. No such remedy will be
exclusive
or dependent upon any other such remedy, but the
Landlord
may from time to time exercise any one or more of such
remedies independently or in combination.
-
Landlord May Perform
- If the Tenant
fails to observe, perform or keep any of the provisions
of
this Lease to be observed, performed or kept by it and
such
failure is not rectified within the time limits
specified in
this Lease, the Landlord may, but will not be obliged
to, at
its discretion and without prejudice, rectify the
default of
the Tenant. The Landlord will have the right to enter
the
Premises for the purpose of correcting or remedying any
default of the Tenant and to remain until the default
has
been corrected or remedied. However, any expenditure by
the
Landlord incurred in any correction of a default of the
Tenant will not be deemed to waive or release the
Tenant's
default or the Landlord's right to take any action as
may be
otherwise permissible under this Lease in the case of
any
default.
-
General Provisions
- The Tenant
authorizes the Landlord to make inquiries to any agency
related to the Tenant's compliance with any laws,
regulations, or other rules, related to the Tenant or
the
Tenant's use of the Premises. The Tenant will provide to
the
Landlord any written authorization that the Landlord may
reasonable require to facilitate these
inquiries.
- This Lease
will
extend to and be binding upon and inure to the benefit
of
the respective heirs, executors, administrators,
successors
and assigns, as the case may be, of each party to this
Lease. All covenants are to be construed as conditions
of
this Lease.
- All sums
payable
by the Tenant to the Landlord pursuant to any provision
of
this Lease will be deemed to be Additional Rent and will
be
recoverable by the Landlord as rental
arrears.
- Where there
is
more than one Tenant executing this Lease, all Tenants
are
jointly and severally liable for each other's acts,
omissions and liabilities pursuant to this
Lease.
- The Tenant
will
be charged an additional amount of $25.00 for each
N.S.F.
check or check returned by the Tenant's financial
institution.
- All schedules
to
this Lease are incorporated into and form an integral
part
of this Lease.
- Headings are
inserted for the convenience of the Parties only and are
not
to be considered when interpreting this Lease. Words in
the
singular mean and include the plural and vice versa.
Words
in the masculine mean and include the feminine and vice
versa.
- This Lease
may
be executed in counterparts. Facsimile signatures are
binding and are considered to be original
signatures.
- Time is of
the
essence in this Lease.
- This Lease
will
constitute the entire agreement between the Landlord and
the
Tenant. Any prior understanding or representation of any
kind preceding the date of this Lease will not be
binding on
either party to this Lease except to the extent
incorporated
in this Lease. In particular, no warranties of the
Landlord
not expressed in this Lease are to be
implied.
- Nothing
contained
in this Lease is intended by the Parties to create a
relationship of principal and agent, partnership, nor
joint
venture. The Parties intend only to create a
relationship of
landlord and tenant.
IN WITNESS WHEREOF the Parties to this Lease have duly affixed their signatures under hand and seal, or by a duly authorized officer under seal, on , ________________
|
|
|
|