LEASE AGREEMENT 1563: PRO-LANDLORD EXECUTIVE SUITES LEASE FOR PROFESSIONAL TENANTS (INCLUDING ATTORNEYS) IN LUXURY BUILDING $99.95
THIS LEASE IS NOT TO BE CONSTRUED AS AN OFFER AND IS NOT BINDING ON THE LANDLORD INDICATED BELOW UNTIL IT IS SIGNED BY AN OFFICER OF LANDLORD.
This Lease (“Lease”) is made as of _________________, by and between EXECUTIVE SUITES LANDLORD, INC., a __________________ corporation (“Landlord”), and AGREEABLE EXECUTIVE SUITES TENANT, INC., a _________________ corporation (“Tenant”). Landlord has entered into a master lease for the floor (the "Suite") described below:
Floor or Suite Number Occupied by Landlord:
This Lease is subordinate to the lease with the Building ("Master Lease"), dated ________________________ (as amended). See Paragraph 10.
Tenant desires to lease from Landlord a certain portion of the Suite for the purpose of conducting Tenant's business together with rights in common to the "common areas" of the Suite.
In consideration of the covenants and promises each to the other made herein, the parties hereto agree as follows:
1. LEASED PREMISES. Landlord agrees to lease to Tenant and Tenant agrees to lease from Landlord portions of the Suite described below (the "Premises") and on the floor plan attached hereto as Exhibit A. In addition to the exclusive use of the Premises, Tenant shall have the non-exclusive right in common with Landlord's other lessees to use all common areas and facilities available in the Suite. Except as otherwise agreed to in writing, Tenant takes the Premises in an "as-is" condition.
(a) Office No(s). ___
(b) Desk Space No(s). N/A
Tenant shall be prohibited from using or occupying any premises other than those premises designated in the Lease as the Premises. In the event that Tenant uses or occupies any space other than the Premises without Landlord's written consent, Tenant shall pay Landlord a sum designated by Landlord for the unauthorized use of said Premises.
2. TERM. Except as it may be modified by the applicable provisions of this Agreement, the term of this Lease shall be for a period of ___ year(s), commencing on ______________, and expiring on _________________, unless terminated sooner pursuant to paragraph 10 (c) of this Lease. If the term commences on a day other than the first of the month, the term shall expire on the last day of the month identified herein.
In the event the Premises are not ready for occupancy on the commencement date, this Lease shall remain in full force and effect provided Landlord makes the Premises available for occupancy with forty-five (45) days of the scheduled commencement date. In such case, all rent shall be abated until Landlord makes the Premises available for occupancy. Landlord shall not be liable to Tenant for any loss or damage arising from any delays: Tenant's sole remedy shall be the right to cancel this Lease in the event Landlord fails to deliver possession of the Premises as set forth herein. Tenant is advised that any floor plans provided by Landlord are not to scale, the measurements are not always accurate, and the Premises are not always built exactly as shown on the floor plans.
Either party may terminate this Lease at the expiration date set forth herein by given thirty (30) days advance written notice effective on the expiration date set forth on page one (1) of this Lease. If neither party sends written notice of termination to the other party thirty (30) days in advance of the expiration date, this Lease shall automatically become a month-to- month agreement requiring at least thirty (30) days advance written notice to terminate the Lease, effective the end of the month. If the Lease has expired and become a month-to-month agreement, or if the original term of the Lease is month-to-month, thirty (30) days advance written notice of termination is required, and any such termination shall only be effective the end of the month. For Example: If written notice of termination is received by either party by the first working day of the month, any such notice shall be effective at the end of that same month. If written notice of termination is received by either party after the first working day of the month, any such notice shall not be effective until the end of the following month. Landlord's rent increase notice is not to be construed as a termination notice.
3. RENT. Tenant agrees to pay Landlord as rental for the Premises the following monthly sums:
$ _________ Office(s)
$_________ Desk Space(s)
$_________Total monthly rent
Tenant's first payment shall include one month's full rent plus the security deposit and a set-up fee of $150.00. This set-up fee shall include one standard door sign. If Tenant requires additional door signs, Tenant shall pay Landlord for same at Landlord's prevailing rate. This set-up fee shall include one Lobby Directory Listing and (if applicable) one Parking-Level Directory Listing. Tenant shall pay the building's prevailing charge for any additional Directory Listings.
The above rent shall apply during the first six (6) full calendar months of the term of this Lease only. In addition to the above rent, Tenant shall be obligated to pay rent for any space within the Suite which Tenant occupies but which is not included in the Premises (the "unrented space"). Tenant's obligation for said unrented space shall be at the rate set forth in Landlord's written notice to Tenant concerning Tenant's occupancy of the unrented space. Tenant’s obligation to pay rent for the unrented space shall be effective as of the day in which Landlord gives Tenant written notice of the rent to be paid for said space, and occupancy of the unrented space shall be subject to all terms and conditions of this Lease.
The terms and conditions of this Lease are confidential, and Tenant agrees not to reveal said terms and conditions to any third parties. Tenant's disclosure of the terms and conditions of this Lease shall be cause for Landlord at Landlord's sole discretion to immediately terminate this Lease, or adjust Tenant's rental rates to Landlord's current asking price.
Rent shall be payable on or before the first day, of each and every calendar month during the term hereof. If the term commences on a day other than the first day of the calendar month, rent shall be prorated based on the portion of the calendar month remaining. Tenant's first payment shall include one month's full rent plus the security deposit.
In addition to payment of the rent set forth herein, Tenant agrees to the following: from the payment made by Tenant, Landlord shall first apply such sums as are necessary to meet any of Tenant's outstanding obligations to Landlord. Said obligation may arise from matters such as services Landlord provides Tenant. Any remaining balance shall then be applied to Tenant's rent obligation in the amount set forth above. In the event such remaining balance is not sufficient to meet Tenant's rental obligation, Tenant shall pay upon written demand by Landlord any remaining sums due. Failure to pay said sums when so demanded shall constitute an event of default under this Lease.
Any and all sums Tenant is obligated to pay under the terms of this Lease shall be construed as rent obligations in addition to the monthly rent set forth herein. Such additional rent shall include a service charge of Twenty-Five Dollars ($25.00) for each of Tenant's dishonored checks returned by the institution on which said checks are drawn. If at any time during the term of this Lease Tenant has tendered payment by check and Tenant's bank returns more than one such payment for any reason including insufficient funds, Landlord may, at its option, require all future payments be made by cashier's check. A Two Hundred Dollar ($200.00) handling charge for each Three Day Notice or Notice of Termination of Services which Landlord is required to serve upon Tenant due to the Tenant's failure to make timely rent payments or breach of any other term or condition of this Lease shall be assessed against Tenant to be paid with the monthly rent in the event more than one of either notice is served during the term of the Lease. Should Tenant not tender payment of the rent by the first (1st) day of each month, a late charge shall be assessed in an amount of five cents ($0.05) for each dollar ($1.00) so overdue for the purpose of defraying the expense incident to handling such delinquent payment. In addition, Landlord may discontinue any and all services provided Tenant, including, but not limited to, use of all common areas, e.g., library and conference room, telephone answering service, photocopying, word processing and legal research. Tenant hereby releases Landlord, its employees, agents, principals and contractors from any liability for damages which Tenant may suffer as a result of Landlord's suspension of services for the reasons stated herein.
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