Fill and Sign the Agreement to Cancel Lease Form

Agreement to Cancel Lease Agreement made on the _________________ (date), between _________________________ (Name of Landlord) of _________________________ ______________________________________ (street address, city, state, zip code), referred to herein as Landlord, and _____________________ (Name of Retailer), of ______________________________________________________________________ (street address, city, state, zip code), referred to herein as Retailer. Whereas, _______________________ (Name of Landlord) is Landlord under the Lease Agreement dated ____________________ (date), and _________________ (Name of Retailer) is the Tenant; and Whereas, Retailer has ceased operating the premises and is desirous of obtaining a release from all of its obligations under the Lease Agreement; andLandlord is willing to release Retailer from all of its obligations under the Lease Agreement upon the terms and conditions set forth herein. Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Landlord agrees to execute, acknowledge and deliver at closing to Retailer a Surrender of Lease in the form attached hereto and made a part hereof as Exhibit A. 2. Retailer agrees at closing to: (i) deliver to Landlord its check in the amount of $____________; (ii) execute, acknowledge and deliver to Landlord an Indemnity Agreement in favor of Landlord against acts of Retailer in the form attached hereto and made a part hereof as Exhibit B for the property located at ______________________ _____________________________________________________________________ (street address, city, state, zip code), and more particularly described in Exhibit C attached hereto and made a part hereof. As of the date of closing, title shall be good and marketable and such as would be insured by __________________ (Name) Title Insurance Company, at regular rates, free and clear of all liens and encumbrances or objections except those set forth in Exhibit D attached hereto and made a part hereof. Retailer shall also execute, acknowledge and deliver to Landlord an assignment of all of Retailer's right, title and interest as Landlord in and to that certain Lease dated ___________________ (date) by and between Landlord and Retailer for the property located at _____________________________________________________________ _______________________________ (street address, city, state, zip) and more particularly described in such Lease, a copy of which has been delivered to Landlo
(a) there shall be a single owner of the property located at (street address, city, city, state, zip code); (b) no title, possession or interest in the property shall pass or pass in any form to any other person and/or entity but such as would be insured by (name) title insurance company free and clear of liens and encumbrances, except those set forth in exhibit d attach attached hereto and made a part hereof, and all parties to the transaction shall retain all titles, possession and interest, title insurance, fees, costs and expenses incurred by and paid to landlord for the care and management of the premises until payment of rent for the premises becomes due; (c) as of the date of closing and as of the effective date of this agreement, landlord is a full and responsible owner of said property, with rights and remedies with respect thereto and in accordance with this agreement, including the right to assign and transfer the title and to terminate the tenancy at any time; and (d) except as set forth in exhibit d attached hereto and made a part hereof, retailer shall (a) pay to landlord all periodic rent and/or any installment thereof during the term of this agreement, and (b) reimburse landlord for any damage, expenses or liability occasioned by landlord and/or the premises. 3. Retailer shall furnish the landlord with proof of payment and proof of the number of tenants, with all documents relating thereto, and all receipts and invoices of any kind, which shall be furnished during the term of this agreement and shall be in the form attached hereto and made a part hereof at such times as landlord may require; and 4. At the time fixed in the lease for termination, the terms of both parties' agreement concerning any claims and damages shall be set forth in a written contract, which shall contain the same terms as the terms of any written lease between landlord and retailer, and contain any additional terms and conditions required by the circumstances of the case in which the lease expires or the terms differ from those of the lease; and 5. This written contract shall be signed by each party upon delivery to landlord of the same in the form attached hereto and made a part hereof, and each party irrevocably waives all defenses of non-compliance with the terms of this lease, or any representations and warranties by either party hereunder. [signature page] (b) no oral, written or implied contract or relationship of employment shall exist between the