Fill and Sign the Between Attorneys Form

Sublease Agreement between Attorneys Agreement made on the ___________________ (date) , between ______________________ (Name of Lessor) of ______________________________ ____________________________________________ (street address, city, state, zip code) , referred to herein as Lessor , and ______________________ (Name of Lessee) , of ____________________________________________________________ _____________ (street address, city, state, zip code) , referred to herein as Lessee . Whereas, Sublessor presently leases a suite of offices from ________________ (Name of Landlord) (the Landlord ) located at _________________________________ _________________________________________ (street address, city, state, zip code) , pursuant to a Lease dated _________________ (date) , a copy of which is attached hereto as Exhibit A and made a part hereof, which expires on ________________ (date) , unless further extended pursuant to its terms; and Whereas, Sublessor desires to sublease to Sublessee that portion of the suite shown in the drawing attached to this Agreement as Exhibit B , which is attached hereto and made a part hereof. In addition, Sublessor is willing to share access to and use of certain (e.g. office areas and facilities, such as: conference, employee lounge, library, copier, reception, hallway, storage and client areas and facilities) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ to make use of the subleased offices most beneficial to Sublessee; and Whereas, Sublessee desires to sublease the office space and share use of the facilities in Sublessor's office suite for purposes of Sublessee's law practice, under the terms and conditions provided in this Sublease, and Whereas, the Parties desire that their relationship be professional, informal, friendly and cooperative, recognizing that it is not possible to anticipate every possible contingency or provide for every possible eventuality in an Agreement of this sort; and Whereas, the Parties believe this Agreement provides a good basis for their desired relationship, and desire to document their understanding as stated in this Sublease Agreement; 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. Subleased Premises The premises subleased pursuant to this Agreement (the Premises or Subleased Premises ) are the circled portion of Sublessor's suite shown in the drawing attached as Exhibit A . In addition, Sublessee may share Sublessor's (e.g., office areas and facilities, such as: conference room, law library, employee lounge, hallways, storage and reception areas, and copier services) __________________________ ______________________________________________________________________ _____________________________________________________________________ . The Subleased Premises are unfurnished. Sublessee agrees that furnishings and equipment will be compatible with Sublessor's general office furnishings and that the equipment will operate at acceptable noise levels. 2. Term The term of this Sublease shall commence on __________________ (date) , and extend until ___________________ (date) . The term may be further extended up to and including a date one day short of the term of Sublessor's lease with Landlord upon mutual written agreement of Sublessor and Sublessee entered into no later than ___________________ (date) . 3. Payment Sublessee agrees to pay Sublessor the sums referred to in Exhibit A as the base price for the Sublease and use of the Premises described in this Sublease (plus any applicable sales tax). Payment for the month of ___________________ (name of month) shall be made upon execution of this Agreement. Subsequently, payment for each month of the term shall be made on or before the first day of each such month. If Sublessee is required to pay any rent owed by Sublessor pursuant to Sublessor's lease with Landlord because of Sublessee's failure to do so, Sublessor shall be entitled to full indemnification from Sublessee with respect to such payment by Sublessor. 4. Sublease Subject to Terms of Sublessor’s Lease from Landlord This Sublease is subject to all of the terms and conditions of Sublessor's lease with Landlord. Sublessee agrees to be subject to all of its terms and conditions. 5. Relocation or Rearrangement of Office Space and Facilities The Parties further acknowledge that Sublessor, Sublessee or other subtenants may desire to expand their office space from time to time. Recognizing that the future specific circumstances concerning any such expansion or relocation are not predictable, the Parties nonetheless agree to cooperate fully with each other to the greatest extent possible in working out such arrangements in their mutual best interests. In such event, this Sublease will continue to remain the controlling document between the Parties, subject to any modifications upon which the Parties agree. 6. Use of Copier and Fax Equipment Sublessee shall have the right to share the use of Sublessor's copier and fax equipment (the Equipment ). Sublessor shall be responsible for supplying copy and fax paper and for leasing and maintaining the Equipment. Sublessor shall bill Sublessee monthly for copies made during the preceding month at the rate of _______ cents per copy and for any charges specifically related to Sublessee's use of the Equipment at the rate at which the Sublessor is billed. This amount shall be paid by Sublessee together with and in addition to the monthly lease payment. Sublessor reserves the right to adjust the price per copy in the event its cost of equipment rental, maintenance, paper and related supplies make it necessary to do so. Sublessee's staff shall be fully responsible for making any desired copies, for recording the number of copies made on each such occasion on the copy counter provided by Sublessor, and for recording their use of the fax equipment as prescribed by Sublessor. 7. Independence and Confidentiality The Parties acknowledge they are wholly separate entities and that neither is in any manner responsible for the conduct or actions of the other. However, the Parties also recognize that each will necessarily become aware of the clients or matters being handled by the other simply by reason of sharing the premises. The Parties therefore each agree to hold all such information in confidence and not to disclose any such information to any other Parties. This Sublease is not intended to create any relationship between the Parties other than Sublessor and Sublessee. Any arrangements with respect to sharing or referral of law practice, if any, are to be covered by separate agreements should that become desirable from time to time. 8. Reception and Telephone Services If Sublessee's telephones are connected to Sublessor's telephone system, Sublessor shall bill Sublessee monthly on or before the _____ day of each month for all installation costs, telephone line expense, long distance calls and any other expenses billed through that system incurred by Sublessor, in addition to the rent and other charges owed by Sublessee. All such payments are also due on or before the first day of the month following each such billing. If any telephone charges are disputed, Sublessee shall provide to Sublessor a complete record of all long-distance telephone calls made by Sublessee so they may be accurately charged to Sublessee from Sublessor's general telephone bill. If no such records are provided, Sublessee agrees to be responsible for all billings charged to its telephone number(s). 9. Insurance Sublessor agrees to provide standard form landlord's insurance with respect to the Premises with coverage of at least $____________. Sublessee shall be responsible for insuring its own furnishings, equipment and other property and shall also obtain a tenant liability insurance policy of at least $____________. Sublessee agrees to name Sublessor and Landlord as additional named insureds with respect to its Premises liability policy, to indemnify and hold Sublessor harmless for any liability occurring as the result of Sublessee's activities, and to provide Sublessor a certificate of insurance confirming such insurance has been obtained. 10. Maintenance and Upkeep; Smoking Policy Sublessee shall be responsible for maintenance and upkeep of his office area. Sublessor shall be responsible for maintenance and upkeep of his office areas and of the office suite's common areas generally. This responsibility shall not extend to the maintenance and cleaning service provided by the Landlord. Smoking will be permitted only in the confines of individual offices and not in the suite's common areas. Sublessor will provide air purifiers to clear the air of tobacco odors as required. 11. No Subleases or Assignments Permitted No further subleases or assignments of this Agreement by Sublessee shall be permitted without the prior express written consent of Sublessor. It is agreed that one of the conditions moving Sublessor to make this Sublease is the personal confidence he has in Sublessee combined with the belief that Sublessee will be a subtenant satisfactory to Sublessor. 12. Surrender and Return of Subleases Premises On the last day of the term created by this Sublease Agreement, any extension or the sooner termination of the Sublease, Sublessee shall peaceably surrender the Premises in good order, condition and repair. On or before the last day of such term, Sublessee shall, at its expense, remove its fixtures, equipment, furnishings and other property from the leased Premises. Any property not removed shall be deemed abandoned. All alterations, additions, improvements and fixtures (other than Sublessee's trade fixtures, furnishings and equipment) which shall have been made or installed by either Sublessor or Sublessee upon the Subleased Premises shall, without charge, remain upon and be surrendered with the Subleased Premises as a part of the Landlord’s Premises, without disturbance, molestation or injury. If the Subleased Premises are not surrendered on the last of the term created by this Sublease or on the sooner termination of this Sublease, Sublessee shall indemnify Sublessor against loss or liability resulting from delay by Sublessee in so surrendering the Premises, including, but not limited to, claims made by any succeeding tenant founded on such delay. Sublessee shall promptly surrender all keys for the Premises at the place then fixed for payment of rent and shall inform Sublessor of combinations of any locks and safes on the Premises. Sublessee shall also be responsible for the expense of restoring the walls to their original, standard condition if Sublessee elects to repaint or wallpaper any portion of the Premises, and for any necessary repairs that may be required to return its Premises to their original condition. 13. Events of Default If Sublessee should for any reason default in the payment of rent or other payments under this Sublease Agreement, default in the performance or observance of any covenant or condition of this Agreement, abandon the Premises or become subject to bankruptcy proceedings, then any such event shall be deemed an event of default. In the event of any such act of default, Sublessor shall give notice of such default in writing to Sublessee, set forth the nature of the alleged default and also state a description of any action to be taken or performed by Sublessee to cure the alleged default and the date by which the default must be remedied, which date cannot be less than (e.g., 10 ) _______ business days from date of delivery of the notice of default. 14. Termination and Repossession Upon occurrence of any event of default and after proper notice of default has been given that has not been cured, Sublessor may at its option in addition to any other right or remedy given under this Agreement or by law: A. Give notice to Sublessee that this Sublease shall terminate upon the date specified in the notice, which date shall not be earlier than (e.g., five) _________ days after the giving of such notice; or B. Immediately after (e.g., 10) _____ days notice of default and without further notice or demand, enter upon the Premises or any part of the Premises and upon the date specified in such notice or any other notice pursuant to law or upon such entry this Sublease and the term of this Sublease shall terminate. C. Upon termination of this Sublease as provided in this Agreement, pursuant to statute, summary proceedings or otherwise, the Sublessor may enter immediately without further demand or notice if it has not already done so and resume possession either by summary proceedings or otherwise, as Sublessor may determine without being liable in trespass or for damages. Sublessor may then also relet the Premises. In no event shall such reentry, resumption of possession or reletting be deemed to be acceptance or surrender of this lease or waiver of the rights or remedies of Sublessor under this sublease Agreement. 15. Court Action, Attorneys’ Fees and Costs If, upon failure of either party to comply with any of the covenants, conditions, rules or regulations of and in this Sublease, suit or arbitration should be brought for damages on account of such noncompliance or to enforce the payment of rent stipulated in this Sublease or to recover possession of Premises or to enforce any provision of this Sublease, the losing party agrees to pay the prevailing party reasonable costs and expenses incurred in prosecuting any such suit or arbitration, as determined by the court or arbitrator, including attorney's fees. Interest shall accrue on that award at the maximum legal rate and all monetary amounts awarded for principal, interest, attorney's fees, costs and all other amounts from the date of that award until paid. 16. Cooperation Each party agrees to cooperate fully with the other, execute all documents and take all actions necessary to effectuate the purposes of this Agreement. 17. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 18. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 19. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 20. Notices Any notice, not specified above, provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 21. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 22. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 23. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 24. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 25. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 26. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. _________________________ __________________________ (Name of Sublessor) (Name of Sublessee) ________________________ _________________________ (P rinted Name of Sublessor) (P rinted Name of Sublessee) ________________________ _________________________ (Signature of Sublessor) (Signature of Sublessee) (Acknowledgment form may vary by state) State of _____________________ County of ___________________ Personally appeared before me, the undersigned authority in and for the said County and State, on this _______________ (date) , within my jurisdic tion, the within- named _____________________ (Name of Sublessor) , who acknowledged that he executed the above and foregoing instrument. ________________________________ NOTARY PUBLIC My Commission Expires: ____________________ State of _____________________ County of ___________________ Personally appeared before me, the undersigned authority in and for the said County and State, on this ___________________ (date) , within my jurisdic tion, the within-named ______________________ (Name of Sublessee) , who acknowledged that he executed the above and foregoing instrument. ________________________________ NOTARY PUBLIC My Commission Expires: ____________________