Commercial Lease

 

 

Made the ________ day of___________________ 200__.

 

Between: *LESSOR* (hereinafter called the "Landlord")

OF THE FIRST PART

 

-and-

 

*LESSEE* (hereinafter called the "Tenant")

OF THE SECOND PART
========================================

WITNESSETH that in consideration of the rents, covenants and agreements hereinafter
reserved and contained on the part of the said Tenant, to be paid, observed and performed,
the said Landlord has demised and leased and by these presents doth demise and lease
unto the said Tenant:

 

ALL THOSE CERTAIN PREMISES excluding any part of the external walls known
and described as ___________________________________________________

 

TO HAVE AND TO HOLD the said demised premises for and during the term of


__________________ to be computed from the______ day of______________, 200__
and from thenceforth ensuing and to be fully completed and ended

on the______ day of_______________, 200__.

 

YIELDING AND PAYING THEREFOR yearly and every year during the said term hereby

granted, unto the said Landlord, the sum of $_____________ per annum, payable in equal

monthly installments of $____________ each in advance on the first day of each month during
the said term, the first payment to be made on the first day of_______________, 200___.

 


The Tenant covenants with the Landlord to pay rent.

AND to pay all business taxes in respect of the business carried on by the Tenant in
and upon or by reason of their occupancy of the premises hereby demised;

AND to repair (reasonable wear and tear, damage by fire, lightning and tempest only excepted);

AND that the said Landlord may enter and view state to repair;

AND that the said Tenant will repair according to notice in writing (reasonable wear
and tear and damage by fire, lightning and tempest excepted);

AND that they will leave the premises in good repair (reasonable wear and tear and
damage by fire, lightning and tempest only excepted);

AND will not assign or sublet the whole or any part of the demised premises without leave.

AND the said Tenant covenants with the said Landlord, its successors and assigns:

(a) THAT the said demised premises will not, during the said term, be at any time used

for any other purpose than that of__________________________________________

 

(b) AND THAT no fixtures, goods or chattels of any kind will, except in the ordinary
course of business, be removed from the demised premises during the term hereby
demised or at any time thereafter without the written consent of the Landlord, its
successors or assigns, being first had and obtained, until all rent in arrears as well as
all rent to become due during the remainder of the term hereby granted shall have
been fully paid, or the payment thereof secured to the satisfaction of the Landlord
or its assigns.

 

(c) THAT the Tenant will not, during the said term or at any time prior or subsequent
thereto, purchase, acquire or use any electric current for lighting or other purposes
except from the company or corporation which shall for the time supply the Landlord
with electric current for such purposes in the said building; the intention being that
without the written consent of the Landlord, there shall be only one system of electric
lighting in the said building.

(d) THE Tenant hereby covenants to pay all charges for electric energy (for light and
power) and gas used by the Tenant in the demised premises.

(e) THAT if the Tenant shall during the said term desire to affix or erect partitions,
counters or fixtures in any part of the walls, floors or ceilings of the demised premises,
it may do so at its own expense at any time and from provided that the Tenant's rights
to make such alterations to the demised premises shall be subject to the following
conditions:

(1) THAT before undertaking any such alterations, the Tenant shall submit to the
Landlord a plan showing the proposed alterations and shall obtain the approval and
consent of the Landlord to the same.

(2) THAT all such alterations shall conform to all building bylaws, if any, then in force
affecting the demised premises.

(3) THAT such alterations will not be of such kind or extent as to in any manner weaken
the structure of the building after the alterations are completed or reduce the value of
the building.

(f) THAT, except as herein provided the Tenant will not erect or affix or remove or charge
the location or style of any partitions or fixtures, without the written consent of the
Landlord being first had and obtained.

(g) THAT, at the expiration of the term hereby granted, or any renewal thereof, all
fixtures belonging to the Tenant shall remain upon the demised premises until taken
down by the Landlord, and the Tenant shall forthwith, upon the same being taken down,
remove the same from the demised premises first paying to the Landlord the expense
of such taking down and making good all damage occasioned to the demised premises
by the taking down or removal thereof.

(h) THAT, if the term hereby granted or the goods and chattels of the Tenant or any
assignee or subtenant shall be at any time seized or taken in execution or attachment,
or if the Tenant or any such assignee or subtenant shall make an assignment for the
benefit of creditors or shall become bankrupt or insolvent, or make a proposal to its
creditors, or without the consent of the Landlord being first obtained in writing, shall
make a sale, under the Bulk Sales Act, in respect of goods on the premises, or being
a company shall become subject to any legislature enactment relating to liquidation or
winding up, either voluntary or compulsory, the said term shall immediately become
forfeited and void, and an amount equivalent to the next ensuing three months' rent
shall be at once due and payable.

(i) THAT the Tenant and its clerks, servants and agents will at times during the occupancy
of the demised premises observe and conform to such reasonable rules and regulations
set forth in

Schedule "A" hereto and of which the Tenant shall be notified, such rules and regulations
being deemed to be incorporated in and form part of these presents.

(j) THAT, in the event of the Landlord desiring at any time during the term, or any renewal
thereof, to remodel the said building, or any part thereof, or to take down the said building,
the Tenant will on receiving six months' notice in writing, surrender this lease and all the
remainder of the term, if any, then yet to come and unexpired, as from the day mentioned
in such notice, and will, subject nevertheless to the provisions hereinbefore contained
thereupon, vacate the premises and yield up to the Landlord the peaceable possession
thereof. IT IS UNDERSTOOD that the said six months' notice need not expire at the end
of the year or at the end of any month, and in the event of the day fixed for termination of
the lease expiring on some other day than the last day of a month, the rent for such month
shall be apportioned for the broken period.

 

IT IS AGREED between the Parties hereto that in the event of a sale of the said premises
or if the said premises be expropriated or condemned by any Department of the Federal,
State or Municipal Governments then the Landlord shall have the right notwithstanding
anything herein contained to terminate this lease upon giving three months' notice in writing
to the Tenant of his intention so to do or by paying the said Tenant a bonus of three months'
rent, in which latter event, the Tenant undertakes to vacate the said premises at the
expiration of thirty (30) days from the delivery of such notice.

 

THE LESSEE, agrees to pay the cost of any installations, additions, or alterations to the
said premises that the Landlord may be required to make by any Municipal, State or other
governing authority, or requested by any private protective system used by the Tenants,
for the security and protection of the Tenant and his employees and his or their effects
including but not so as to limit the foregoing installations, additions and alterations for fire
and theft protection and all such installations, additions, or alterations shall forthwith
become the property of the Landlord.

 

AND the Tenant further covenants, promises and agrees with the Landlord that
notwithstanding any present or future Act of the Legislature of the State, none of the
goods or chattels of the Tenant at any time during the continuance of the term hereby
created on the said demised premises shall be exempt from levy by distress for rent in
arrears by the Tenant as provided for by the said Section of said Act, and that upon any
claim being made for such exemption by the Tenant or on distress being made by the
Landlord, this covenant and agreement may be pleaded as an estoppel against the
Tenant in any action brought to test the right to the levying upon any such goods as are
named exempted in the said Section, the Tenant waiving as he hereby does all and every
benefit that could or might have accrued to him under and by virtue of the said act but for
the above covenant.

The Landlord covenants with the Tenant for quiet enjoyment.

The Landlord further covenants with the Tenant as follows:

(a) To pay all taxes and rates, municipal, State or otherwise, including water rates for the
normal supply of cold water to the said premises, assessed against the demised premises
of the Landlord or Tenant on account thereof saving and excepting any business taxes and
taxes upon personal property or income of the Tenant, license fees, or other taxes imposed
upon the property, business or income of the Tenant; PROVIDED THAT;

(i) IN THE EVENT of the Tenant being assessed as a Separate School Supporter, and by
reason thereof the amount of the taxes payable on the said premises being increased
over the amount payable on an assessment as a Public School Supporter, then and in
such event the Tenant covenants and agrees with the Landlord to pay to the Landlord
the amount of such increase upon demand being made therefor in writing by the Landlord.
It is understood and agreed that such increase shall be payable by the Tenant
notwithstanding the fact that at the time such demand is made, the Tenant may have
ceased to be a tenant of the Landlord. In the event of the Tenant failing to pay to the
Landlord the amount of such increase upon demand as herein provided, then the Landlord
shall have the same rights and remedies for collection thereof as for the rent in arrears.

 

(ii) THE LESSEE covenants and agrees to and with the Landlord that if there shall be
an increase in municipal taxes payable by the landlord over the amount shown by the
immediately last tax bill issued by the municipality in which the demised premises are
situate prior to the date of this lease the Tenant will pay any such increase apportioned
over the term of the within lease and the renewal (if any) hereinbefore provided and that
any such increase in municipal taxes shall be deemed to be part of the rent reserved
hereunder and all the remedies available to the Landlord relating to rent both hereunder
and at law shall apply, mutatis mutandis, thereto.

 

(b) To heat the said premises between the 15th day of October and the 1st day of May
next ensuing in each year in such manner as to keep the said premises at a reasonable
temperature for the reasonable use thereof by the Tenant during reasonable business
hours except during the making of repairs, and in case the boilers, engines, pipes, or
other apparatus or any of them used in effecting the heating of the said demised premises
shall at any time become incapable of heating said premises as aforesaid, or be damaged
or destroyed, to repair said damage or replace said boilers, engines, pipes or apparatus
or any of them or (at the option of the Landlord) substitute other heating apparatus
therefor within a reasonable time, provided, however, that the Landlord shall not be liable
for indirect or consequential damages for personal discomfort or illness arising from any
default of the Landlord;

 

(c) To give the Tenant, his agents, clerks, servants and all persons transacting business
with the Tenant, in common with other persons, the right to enter the demised premises
by means of the main entrance and free use of the stairway and passages from the street
to the said premises at all reasonable times, subject to rules and regulations in regard to
the said building as may be passed by from time to time.

PROVISO for re-entry by the said Landlord on nonpayment of rent or

nonperformance of covenants.

IT IS FURTHER DECLARED AND AGREED that in case the said premises
or any part thereof, become and remain vacant and unoccupied for the period of fifteen

days, or be used by any other person or persons, or for any other purpose

than as above provided, without the written consent of the Landlord, this

lease shall, at the option of the Landlord, cease and be void, and the term

hereby created expire and be at an end, anything hereinbefore to the

contrary notwithstanding and the proportionate part of the current rent

shall thereupon become immediately due and payable, and the Landlord may

reenter and take possession of the premises as though the lessee or other

occupant or occupants of said premises were holding over after the

expiration of the term; or in such case instead of determining this lease as

aforesaid and reentering upon the demised premises.

The Landlord may take possession of the demised premises, or any part or
parts thereof, and let and manage the same and grant any lease or leases
thereof upon such terms as to the Landlord or its assigns may appear to be
reasonable, and demand, collect, receive and distrain for all rental which shall
become payable in respect thereof, and apply the said rentals after deducting
all expenses

incurred in connection with the demised premises and in the collection of

the said rent including reasonable commission for the collection thereof and

the management of the demised premises, upon the rent hereby reserved, and

the Landlord and its assigns and every such agent acting as aforesaid from

time to time, shall in so acting be the agents of the Tenant, who alone

shall be responsible for their acts, and the Landlord and its assigns shall

not be accountable for any moneys except those actually received,

notwithstanding any act, neglect, omission or default or any such agent

acting as aforesaid.

AND IT IS FURTHER DECLARED AND AGREED THAT the Landlord shall
not be liable for any damage to any property at any time upon the demised
premises arising from gas, steam, water, rain or snow, which may leak into, issue
or flow from any part of the said building, or from the gas, water, steam or

drainage pipes or plumbing works of the same or from any other place or

quarter or for any damage caused by or attributable to the condition or

arrangement of any electric or other wires in the said building.

The Tenant shall be liable for any damage done by reason of water being left
running from the taps in the demised premises or from gas permitted to escape
therein.

 

AND the Landlord shall not be responsible for any personal injury which

shall be sustained by the Tenant or any employee, customer, or other person

who may be upon the demised premises or in the said building or the

entrances or appurtenances thereto. All risks of any such injury being

assumed by the Tenant, who shall hold the Landlord harmless and indemnified

therefrom.

THE Tenant shall give the Landlord prompt written notice of any accident or
other defect in the sprinkler system, water pipes, gas pipes or heating
apparatus, telephone, electric or other wires or any part of the premises.

THE Tenant covenants with the said Landlord that his said business to be so
carried on in the said building will not be of such nature as to increase
the insurance risk on the said premises or cause the Landlord to pay the
increased rate of insurance premiums on the said premises by reason thereof
and it is distinctly understood that in case said business so carried on by
the Tenant is or becomes of such a nature to increase the insurance risk or
causes the Landlord and/or other occupants of the said building to pay an
increased rate of insurance premiums, that the Tenant will from time to time
pay to the Landlord the increased amount of insurance premiums which the
said Landlord and other occupants of] the said building have to pay in
consequence thereof; provided that the Tenant covenants that he will not

carry on or permit to be carried on any business in the said building which
may make void or voidable any insurance held by the Landlord or the other
occupants of the said building.

 

PROVIDED that the Tenant will not do or permit anything to be done on the

said premises or permit or keep anything therein which may be annoying to

the Landlord or other occupants of the said building or which the said

Landlord may deem to be a nuisance and that no machinery shall be used

therein which shall cause any undue vibration in or to the said premises and

that in case of the Landlord or any other occupants of the said building

reasonably complaining that any machinery or operation or process is a

nuisance to it or them or which causes any undue vibration or noise in the

said premises, that upon receiving notice thereof, the said Tenant will

immediately abate such nuisance. The said Tenant covenants not to obstruct

or interfere with the rights of the Landlord or other occupants of the said

building or in any way injure or annoy them or conflict with any of rule and

regulations of the Board of Health or with any Statute or municipal bylaw.

AND IT IS HEREBY FURTHER AGREED by and between the said Landlord
and the said Tenant that no sign, advertisement or notice shall be inscribed,

painted or affixed by the said Tenant on any part of the outside or inside

of the building whatever, unless of such manner, color, size and style and

in such places upon or in said building as shall be first designated by the

Landlord, and, furthermore, the Tenant, on ceasing to be Tenant of the

demised premises, will, before removing his goods and fixtures from the said

premises, cause any sign as aforesaid to be removed or obliterated at his

own expense and in a workmanlike manner to the satisfaction of the Landlord.

THE Landlord undertakes to maintain elevators in said building which are to

be run during the ordinary business hours of every business day of the

year,but not during public holidays or Sundays, except at the option of the

Landlord. The Tenant shall, subject to the Landlord's rules and

regulations, have free use of such elevators in common with others lawfully

using the same, but the Tenant and its employees and all other persons using

any such elevator shall do so at its, his, her or their own sole risk, and

under no circumstances shall the Landlord be held responsible for any damage

or injury happening to any person whilst using such elevator, or occasioned

to any person by such elevator or any appurtenances and whether such damage

or injury shall happen by reason of the act, omission or negligence or

otherwise of the Landlord, or any of its employees, servants, agents or

otherwise howsoever.

THE Landlord agrees to pay for normal water consumed on the said premises

but in the event any abnormal consumption of water either by reason of the

character of the business carried on by the Tenant or by the use of

mechanical or other contrivances the Tenant consents to the installation of

a water meter at his own expense, if necessary, and further agrees to pay

for the excess water consumed on the said premises.

THE Tenant agrees at his own expense to replace any plate glass or other

glass that has been broken or removed during the term of the within lease or

of any renewal thereof and will during the said term keep the plate glass

fully insured in some company approved by the Landlord.

PROVIDED that if during the term herein or any renewal thereof the premises
shall be destroyed or damaged by fire or the elements then the following
provisions shall apply:

(a) If the demised premises shall be so badly injured as to be

unfit for occupancy, and as to be incapable of being repaired with

reasonable diligence within one hundred and twenty days of the

happening of such injury, then the term hereby granted shall cease

and be at an end to all intents and purposes from the date of

such damage or destruction, and the Tenant shall immediately

surrender the same, and yield up possession of the demised

premises to the Landlord, and the rent from time to time of such

surrender shall be apportioned;

(b) If the demised premises shall be capable, with reasonable

diligence, being of repaired and rendered fit for occupancy within

one hundred and twenty days from the happening of such injury as

aforesaid, but if the damage is such as to render the demised

premises wholly unfit for occupancy, then the rent hereby reserved

shall not run accrue after such injury, or while the process of

repair is going on, and the Landlord shall repair the same with

all reasonable speed, and the rent shall recommence immediately

after such repairs shall be completed.

(c) If the demised premises shall be repaired within one hundred

and twenty days as aforesaid, and if the damage is such that the

said premises are capable of being partially used, then until such

damage shall have been repaired, the rent shall abate in the

proportion that the part of the demised premises rendered unfit

for occupancy bears to the whole of the demised premises.

THERE shall be no abatement from or reduction of the rent due hereunder, nor

shall the Tenant be entitled to damages, losses, costs or disbursements from

the Landlord during the term hereby created on, caused by or on account of

fire, (except as above), water, sprinkler systems, partial or temporary

failure or stoppage of heat, light, elevator, live steam or plumbing service

in or to the said premises or building, whether due to acts of God, strikes,

accidents, the making of alterations, repairs, renewals, improvements,

structural changes to the said premises or buildings or the equipment or

systems supplying the said services, or from any cause whatsoever; provided

that the said failure or stoppage be remedied within a reasonable within a

reasonable time.

THAT the Tenant will permit the Landlord to exhibit the demised premises

during the last three months of the term to any prospective tenant and will

permit all persons having written authority therefor to view the said

premises at all reasonable hours.

 

THAT any notice which either of the parties is required or permitted to give
pursuant to any provision of this lease may, if intended for the Tenant, be
given by a writing left at the demised premises or mailed by registered mail
addressed to the Tenant at the demised premises, and if intended for the
Landlord by a writing left at the premises of the Landlord
at_________________________________ or mailed by registered addressed
to the Landlord at the Landlord's said premises, and such notice shall be
deemed to have been given at the time it was delivered or mailed, as the case
may be.

 

PROVIDED further and it is hereby agreed that should the Tenant hold over

after the expiration of this lease and the Landlords thereafter accept rent

for the said premises, the Tenant shall hold the said premises as a monthly

tenant only of the Landlords but subject in all other respects to the terms

and conditions of this lease.

The words importing the singular number only shall include the plural, and

vice versa, and words importing the masculine gender shall include the

feminine gender, and words importing persons shall include firms and

corporations and vice versa.

Unless the context otherwise required, the word "Landlord" and the word

"Tenant" wherever used herein shall be construed to include and shall mean

the executors, administrators, successors and/or assigns of the said

Landlord and Tenant, respectively, and when there are two or more Tenants

bound by the same covenants herein contained, their obligations shall be

joint and several. "Landlord" shall also mean and include "Lessor" and

Tenant" shall also mean and include "Lessee".

Landlord and Tenant agree that this lease, when filled out and signed,
is a binding legal obligation.

 

 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement

on the date first above written.

 

 

TENANT NAME_____________________________________

 

SIGNATURE_______________________________________

 

 

 

LANDLORD NAME__________________________________

 

SIGNATURE_______________________________________

 

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