Commercial Lease Agreement

CALIFORNIA COMMERCIAL LEASE

This lease agreement is entered into on this, the day of , 20 , by and between:

, (hereinafter called “LESSOR”), whether one or more,

and

, (hereinafter called “LESSEE”), whether one or more.

For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, LESSOR and LESSEE do hereby covenant, contract and agree as follows:

1. PREMISES AND TERM:

LESSOR, hereby leases to LESSEE for the term commencing on the day of , 20 , and ending on the day of , 20 , (the “Term”) the following described premises in its present condition, located in County, California, at the following address (hereinafter called the “PREMISES or LEASED PREMISES”):

LESSEE also has a right for the benefit of LESSEE, its employees, agents and invitees for access to and from the Leased Premises through the building and over property of LESSOR adjoining the Leased Premises, and to use those parts of the building designated by LESSOR for use by LESSEE, including but not limited to toilet rooms, elevators and unrestricted parking areas, if any.

2. RENEWAL:

LESSEE and LESSOR may agree to extend or renew the lease, with any agreed modifications, in a separate, signed document.

3. RENT:

The LESSEE covenants to pay to LESSOR as Rent the sum of Dollars ($) per month, (hereinafter “the Rent”), in advance without demand on or before the first day of each month at the office of the LESSOR at the following address or P.O. Box:

If applicable, the Rent for the month of , which is the first month of this lease shall be paid in the amount of Dollars ($), which amount is the prorated rent based upon the date this lease commences.

The LESSEE shall pay the Rent when due and payable, without any setoff, deduction or prior demand whatsoever. Any payment by LESSEE or acceptance by LESSOR of a lesser amount than is due from LESSEE to LESSOR shall be treated as payment on account.

4. LATE CHARGES:

LESSEE shall pay a late charge in the amount of percent ( %) of the outstanding delinquent balance for any payment of the rent not made within days after the due date, but not more than dollars for any one month.

5. UTILITIES:

LESSEE shall pay all charges for utilities for the PREMISES except for the following listed (if any), which shall be paid by LESSOR:

6. CONDITION OF PREMISES; USE OF PREMISES:

LESSEE acknowledges that LESSEE has examined and knows the condition of the Leased Premises, and has received the same in good order and repair, and agrees:

(a) To use these Leased Premises only for .

(b) To surrender the Leased Premises to LESSOR at the end of the Term or any renewal without the necessity of any notice from either LESSOR or LESSEE to terminate the same.

(c) To surrender possession of the Leased Premises at the expiration of this lease in as good condition as reasonable use will permit.

(d) To keep the Premises in good condition and repair at LESSEE’s own expense, except repairs which are the duty of LESSOR.

(e) To perform, fully obey and comply with all ordinances, rules, regulations and laws of all public authorities, boards and officers relating to the use of the Premises.

(f) Not to make any occupancy of the Leased Premises contrary to law or contrary to any directions, rules, regulations, regulatory bodies, or officials having jurisdiction.

(g) Not to permit any waste to the premises, nor to permit any public, private or other nuisance within the legal meaning of those terms.

(h) Not to use the Leased Premises for living quarters or residence.

LESSEE shall pay for any expense, damage or repair occasioned by the stopping of waste pipes or overflow and for any damage to interior fixtures and furnishings.

The LESSOR shall be responsible for making only the following repairs [check those that apply]:

sprinkler system

heating, ventilating or air-conditioning system serving the Premises if installed by LESSOR

structural repairs to exterior walls, structural columns and structural floors

the roof over the Premises

Other:

Other:

Other:

7. FIXTURES AND TRADE FIXTURES:

LESSEE shall make no changes, improvements, alterations, or additions to the Leased Premises unless first approved in writing by LESSOR.

8. SECURITY DEPOSIT:

The LESSEE agrees to deposit with the LESSOR Dollars ($).

9. LESSOR’S LIEN:

As additional security, LESSEE acknowledges the LESSOR’S right to hold and sell with due legal notice all property on or to be brought on the Premises to satisfy unpaid Rent, expenses, and utilities.

10. DEFAULT:

Each of the following shall be deemed an Event of Default:

a. Default in the payment of Rent or other payments hereunder.

b. Default in the performance or observance of any covenant or condition of this lease.

c. Abandonment of the premises by LESSEE.

d. Filing or execution or occurrence of bankruptcy or insolvency events.

11. NOTICE OF DEFAULT.

If default occurs, written notice must be given and the cure period shall be not less than business days from mailing.

12. TERMINATION.

LESSOR may terminate upon notice not earlier than days after mailing or delivery of notice.

13. ACCELERATION.

Upon termination, the remaining unpaid Rent may accelerate and become immediately due.

14. REPOSSESSION.

LESSOR may enter and resume possession of the Leased Premises without further demand or notice.

15. DEFAULT BY LESSOR.

LESSEE shall have offered LESSOR days to correct and cure any default.

16. RE-LETTING AFTER TERMINATION.

LESSOR shall use reasonable efforts to re-let the Premises.

17. DAMAGES.

Upon termination, LESSEE shall pay to LESSOR without demand or notice the following:

(a) All Rent and other payments accrued to the date of termination.

(b) All future Rent and other payments due under the lease to the extent not offset by re-letting.

(c) Costs of repairs, alterations, improvements, attorneys’ fees, and other costs.

18. EXCLUSIVITY OF LESSOR’S REMEDIES:

Receipt of Rent after default shall not deprive LESSOR of other actions or remedies.

19. LESSOR NOT LIABLE FOR INJURY OR DAMAGE TO PERSONS OR PROPERTY:

LESSEE agrees to maintain insurance coverage as noted below and to indemnify LESSOR as provided.

20. TAXES:

Property taxes on the Leased Premises shall be responsibility of LESSOR. Taxes on personal property of LESSEE shall be responsibility of LESSEE.

21. RIGHT OF RE-ENTRY.

LESSOR shall have the right to enter the Premises at reasonable hours to inspect, examine, and make repairs.

22. HOLDOVER.

If LESSEE holds over after expiration, tenancy shall be month to month only, or at double the Rent if without consent.

23. NATURE OF RELATIONSHIP BETWEEN PARTIES.

The sole relationship between the parties is that of LESSOR and LESSEE.

24. RIGHT OF LESSOR TO PAY OBLIGATIONS OF LESSEE TO OTHERS.

LESSOR may pay sums or perform work after notice to LESSEE, with reimbursement and interest.

25. MECHANICS AND OTHER LIENS IMPOSED BY LESSEE.

LESSEE shall keep the premises free of mechanics and materialmen’s liens and indemnify LESSOR.

26. CONDEMNATION CLAUSE:

In the event of eminent domain taking, the lease may terminate if the premises cannot reasonably be used.

27. FIRE CLAUSE:

LESSEE shall notify LESSOR immediately of fire or hazardous conditions. If repairs exceed 25% of replacement cost, LESSOR may terminate.

28. WAIVER OF NONPERFORMANCE:

Failure to exercise rights shall not be considered a waiver.

29. PAROL EVIDENCE CLAUSE:

This instrument constitutes the final, fully integrated expression of the agreement.

30. SUBORDINATION:

This lease is subordinate to present or future mortgages affecting the Leased Premises.

31. INSURANCE:

LESSEE shall keep in force public liability insurance with limits of Dollars ($) combined single limit, naming LESSOR as additional insured.

LESSOR shall provide building insurance at its sole expense in an amount equal to one hundred percent (100%) of the full insurable value.

32. NOTICES.

All notices and communications concerning this lease shall be mailed to the parties at the following addresses:

33. SALE BY LESSOR.

In the event of a sale or conveyance by LESSOR, LESSEE agrees to attorn to the purchaser or assignee.

34. COURT ACTION, ATTORNEY’S FEES AND COSTS.

The losing party agrees to pay reasonable costs and expenses incurred in prosecuting these suits.

35. ASSIGNMENTS AND SUB-LEASE:

LESSEE agrees not to assign or sub-let without the written consent of the LESSOR.

36. INTERPRETATION.

Whenever any word is used in the masculine gender, it shall also be construed as being used in the feminine and neuter genders.

37. MODIFICATION.

Any modification or amendment of this agreement shall be in writing and executed by all parties.

38. SEVERABILITY CLAUSE:

If any term is held invalid, the remainder shall remain in full force and effect.

39. LAW TO APPLY:

This lease shall be construed under and in accordance with the laws of the State of California.

40. ADDENDUMS.

The following addendums are attached to this lease at the time of its signing, and shall be initialed by the parties. (Check all that apply or check none)

Option to Purchase

Arbitration Agreement

Other:

None

41. OTHER PROVISIONS:

All documents such as schedules, exhibits and like documents existing at the time of this Lease’s signing are incorporated herein and shall be initialed by all parties. If LESSEE is a corporation, each person executing this lease represents and warrants that he is duly authorized to execute and deliver this lease on behalf of the corporation.

In Witness Whereof, the undersigned LESSOR and LESSEE execute this lease to be effective as of the day and date first above written.

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