Commercial Shopping Center Agreement

COMMERCIAL SHOPPING CENTER LEASE AGREEMENT

This Commercial Shopping Center Lease Agreement (the "Agreement") is made and entered into as of by and between Landlord: (hereinafter "Landlord") and Tenant: (hereinafter "Tenant"). Landlord and Tenant are sometimes referred to in this Agreement collectively as the "Parties."

Property Identification

Parties and Contact Information

Premises and Term

Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises described as Suite/Unit: consisting of approximately rentable square feet (the "Premises"). The Lease Term shall commence on and shall expire on unless sooner terminated in accordance with this Agreement.

Tenant is granted a renewal option: Yes   If yes, number of renewal periods: with each renewal term length of .

Rent, Security Deposit and Additional Rent

Base Rent shall be payable in equal monthly installments in advance on or before the day of each month to Landlord at the address for notices set forth below or at such other place as Landlord may designate in writing. If Base Rent is not paid within days after written notice, Tenant shall pay a late charge equal to and interest on overdue amounts at the lesser of per annum.

Tenant shall pay, as additional rent, Tenant's proportionate share of Common Area Maintenance (CAM), property taxes, and insurance premiums for the Center. Tenant's initial pro-rata share is (percent of total leasable area). Landlord shall provide reasonable documentation of CAM and tax charges upon request as set forth in this Agreement.

Permitted Use, Exclusivity and Signage

Tenant shall use the Premises only for the Permitted Use described above and for no other purpose without Landlord's prior written consent, which shall not be unreasonably withheld where consistent with center operations. Tenant shall not operate outside the hours reasonably established by Landlord for the center without prior consent.

Landlord grants the following exclusivity protection to Tenant, if any:

Tenant's signage must comply with Landlord's signage program and require Landlord's prior written approval as to size, color, design and location. Tenant is responsible for installation costs of approved signage and removal costs at lease termination.

Tenant Improvements, Alterations & Maintenance

All construction of Tenant improvements and alterations shall be performed in a good and workmanlike manner in accordance with plans approved in writing by Landlord. Structural alterations require Landlord's prior written consent. Tenant shall be responsible for maintenance and repair of the interior of the Premises, excluding structural components and roof unless caused by Tenant's negligence.

Insurance, Indemnity and Liability

Tenant shall maintain commercial general liability insurance with limits not less than per occurrence and shall name Landlord as an additional insured. Tenant shall also maintain property insurance, casualty and workers' compensation as required by law. Tenant shall indemnify, defend and hold Landlord harmless from and against any claims, liabilities, losses or damages arising out of Tenant's use or occupancy of the Premises, except to the extent caused by Landlord's gross negligence or willful misconduct.

The Parties agree to mutual waivers of subrogation to the extent permitted by their insurers.

Casualty, Condemnation and Environmental

In the event of damage or destruction to the Premises or common areas, Landlord shall promptly repair the damaged areas unless the cost to repair exceeds in which case either party may terminate as provided herein. If the Premises are taken by eminent domain in whole or substantially in part, the Parties' rights shall be governed by the condemnation provisions in this Agreement.

To Tenant's knowledge, hazardous materials presently located on the Property: Yes No

Assignment, Subletting and Transfers

Tenant shall not assign this Lease or sublet the Premises, in whole or in part, without the prior written consent of Landlord, which consent shall not be unreasonably withheld for a financially responsible assignee or subtenant provided the proposed use is permitted under this Agreement. Any assignment or sublease without Landlord's consent shall be void and subject Tenant to default.

Default; Remedies; Attorneys' Fees

A default by Tenant shall occur upon Tenant's failure to pay rent when due and after applicable notice/grace periods, or the failure to perform any other obligation under this Agreement after written notice and the expiration of any cure period set forth herein. Upon Tenant default, Landlord may pursue all remedies available at law or equity, including termination of this Lease, recovery of rent, and costs of re-letting. The prevailing party in any dispute arising under this Agreement shall be entitled to recover reasonable attorneys' fees, costs and expenses.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located. This Agreement, together with all exhibits and attachments, constitutes the entire agreement between the Parties and supersedes all prior negotiations and agreements. No amendment shall be effective unless in writing and signed by both Parties.

Notices

All notices required or permitted under this Agreement shall be in writing and shall be delivered to the addresses set forth below by personal delivery, nationally recognized overnight courier, or certified mail, return receipt requested.

Additional Provisions

Broker representations, if any, shall be set forth in an addendum and each Party represents that it has not relied upon any representations not expressly set forth in this Agreement. If any provision of this Agreement is declared invalid, the remainder shall remain in full force and effect. Time is of the essence with respect to all dates and time periods contained herein.

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