Fill and Sign the Five Deadly Sins Lease Clauses a Landlord Should Refuse Form

Lease of Business Premises in an Industrial Area or Environment with Waiver and Assumption of Risk This Lease Agreement is made on this the _________________ (date), between ____________________ (Name of Lessor), of ___________________ __________________________________________________ (street address, city, state, zip code) , hereinafter called Lessor, and _____________________ (Name of Lessee) , of ______________________________________________ ________________________ (street address, city, state, zip code) , hereinafter called Lessee . 1. Description of Premises A. Lessor leases to Lessee the space in the Building located at _________________________________________________ (address), and described more particularly as follows: (description of location) _____________________________________________________________________________________________________________________ . B. Said leased space is hereinafter referred to as the Premises and is located in the Building as shown in the drawing attached hereto as Exhibit A and made a part hereof by reference. 2. Term The term of this Lease Agreement is _____ (number) years, beginning on __________________ (date), and terminating on _________________ (date), at _________ (time). 3. Rent A. The total rent under this Lease Agreement is $___________. B. Lessee shall pay Lessor the above-specified amount in installments of $____________ each month, beginning on ________________ (date), with succeeding payments due on the _______ day of each subsequent month during the term of the Lease Agreement. 4. Use of Premises The Premises are to be used for the purposes of (description of purpose) ________________________________________________________. Lessee shall restrict its use to such purposes and shall not use or permit the use of the Premises for any other purpose without the prior, express, and written consent of Lessor. 5. Restriction on Use A. Lessee shall not use the Premises in any manner that will increase risks covered by insurance on the Premises and result in an increase in the rate of insurance or a cancellation of any insurance policy, even if such use may be in furtherance of Lessee's business purposes. B. Lessee shall not keep, use, or sell anything prohibited by any policy of fire insurance covering the Premises and shall comply with all requirements of the insurers applicable to the Premises necessary to keep in force the fire and liability insurance. 6. Waste, Nuisance, or Unlawful Activity Lessee shall not allow any waste or nuisance on the Premises, or use or allow the Premises to be used for any unlawful purpose. 7. Delay in Delivering Possession This Lease Agreement shall not be rendered void or voidable by the inability of Lessor to deliver possession to Lessee on the date set forth in Section 2. Lessor shall not be liable to Lessee for any loss or damage suffered by reason of such a delay; provided, however, that Lessor does deliver possession no later than ________________ (date). In the event of a delay in delivering possession, the rent for the period of such delay will be deducted from the total rent due under this Lease Agreement. No extension of this Lease Agreement shall result from a delay in delivering possession. 8. Utilities Lessee shall arrange and pay for all utilities furnished to the Premises for the term of this Lease Agreement, including but not limited to electricity, gas, water, sewer, and telephone service. 9. Repairs and Maintenance Lessee shall maintain the Premises and keep them in good repair at its expense, except that side and rear exterior walls and the roof will be maintained in good condition by Lessor. Lessee shall maintain and repair windows, doors, skylights, adjacent sidewalks, the building front, and interior walls. 10. Delivery, Acceptance, and Surrender of Premises A. Subject to Paragraph 15, Lessor represents that the Premises are in fit condition for use by Lessee for the purposes that Lessee shall use the Premises. Acceptance of the Premises by Lessee shall be construed as recognition that the Premises are in a good state of repair and in sanitary condition. B. Lessee shall surrender the Premises at the end of the Lease term, or any renewal of such term, in the same condition as when Lessee took possession, allowing for reasonable use and wear, and damage by acts of God, including fires and storms. Before delivery, Lessee shall remove all business signs placed on the Premises by Lessee and restore the portion of the Premises on which they were placed in the same condition as when received. 11. Partial Destruction of Premises Partial destruction of the Premises shall not render this Lease Agreement void or voidable, nor terminate it except as specifically provided in this Lease Agreement. If the Premises are partially destroyed during the term of this Lease Agreement, Lessor shall repair them when such repairs can be made in conformity with governmental laws and regulations, within ______ (number) days of the partial destruction. Written notice of the intention of Lessor to repair shall be given to Lessee within _______ (number) days after any partial destruction. Rent will be reduced proportionately to the extent to which the repair operations interfere with the business conducted on the Premises by Lessee. If the repairs cannot be made within the time specified above, Lessor shall have the option to make them within a reasonable time and continue this Lease Agreement in effect with proportional rent rebate to Lessee as provided for in this Lease Agreement. If the repairs cannot be made in ______ (number) days, and if Lessor does not elect to make them within a reasonable time, either party shall have the option to terminate this Lease Agreement. 12. Entry on Premises by Lessor A. Lessor reserves the right to enter onto the Premises at reasonable times to inspect them, perform required maintenance and repairs, or to make additions, alterations, or modifications to any part of the Building in which the Premises are located, and Lessee shall permit Lessor to do so. B. Lessor may place moveable equipment in connection with making alterations, additions, or repairs, all without incurring liability to Lessee for disturbance of quiet enjoyment of the Premises, or loss of occupation of the Premises. 13. Signs, Awnings and Marquees Installed by Lessee A. Lessee shall not construct or place signs, awnings, marquees, or other structures projecting from the exterior of the Premises without the prior, express, and written consent of Lessor. B. Lessee shall remove signs, displays, advertisements, or decorations it has placed on the Premises that, in the opinion of Lessor, are offensive or otherwise objectionable. If Lessee fails to remove such signs, displays, advertisements, or decorations within ______ (number) days after receiving written notice from Lessor to remove them, Lessor reserves the right to enter the Premises and remove them at the expense of Lessee. 14. Business Sale Signs Lessee shall not conduct Going out of Business, Lost Our Lease, Bankruptcy, or other sales of that nature on the Premises without the written consent of Lessor. 15. Non-Liability of Lessor for Damages or Personal Injury A. Lessor and Lessee agree that the Premises are located in industrial area and/or environment. Lessor shall not be liable for liability or damage claims for injury to persons or property from any cause relating to the occupancy of the Premises by Lessee, including those arising out of damages or losses occurring in areas adjacent to the Premises during the term of this Lease Agreement or any extension of such term. Lessee shall indemnify Lessor from any and all liability, loss, or other damage claims or obligations resulting from any injuries or losses of this nature. B. To the extent permitted by law, Lessee releases and waives all claims against Lessor and Lessor's agents and employees for injury or damage to the person, property, or business sustained in or about the Premises by Lessee, his agents, employees, invitees, or customers, which injury or damage results form any act, neglect, occurrence, or condition in or about the Premises, whether such damage is caused by Lessor or any other person. C. Lessee agrees to indemnify and hold harmless Lessor, his agents, and employees against any and all claims, demands, costs, and expenses of every kind and nature, including reasonable attorney's fees for the defense, arising from Lessee's occupancy of the Premises. If any such proceedings are brought against any of such persons, Lessee covenants to defend the proceeding at its sole cost and expense by legal counsel reasonably satisfactory to Lessor, if requested by Lessor. D. Lessee shall assume all risks and liabilities, whether or not covered by insurance, for loss or damages to the Premises or injury to Lessee, his agents, employees, invitees, or customers, in any manner arising out of or incident to Lessee's possession, use, enjoyment, operation, or condition of the Premises. Lessee assumes responsibility for and agrees to indemnify, protect, save and hold harmless Lessor from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees) and negligence of whatever kind and nature, imposed on, incurred by, or asserted against Lessor which in any way relates to or arises out of Lessee's possession, use, enjoyment, operation, or condition of the Premises unless caused solely and intentionally by Lessor. E. LESSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER TO LESSEE, GUESTS OR CUSTOMERS OF LESSEE OR OTHER PERSONS INVITED ON THE PROPERTY BY LESSEE OR ANY OTHER THIRD PARTY OF ANY KIND, WHETHER RELATED TO ANY CONDITION OF THE PROPERTY, ANY SERVICES, ANY PERFORMANCE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER MATTER IN CONNECTION WITH THIS AGREEMENT INCLUDING THE LOCATION OF THE PREMISES AND THE ENVIRONMENT SURROUNDING THE PREMISES. F. LESSOR HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. G.TO THE EXTENT THAT LESSOR IS RESPONSIBLE FOR ANY IN JURY OR DAMAGE, LESSEE’S SOLE AND EXCLUSIVE REMEDY, AND LESSO R’S SOLE AND EXCLUSIVE OBLIGATION, SHALL BE REIMBURSEMENT OF RENT TO THE EXTENT OF SUCH INJURY OR DAMAGE. 16. Liability Insurance A. Lessee shall procure and maintain in force at its expense during the term of this Lease Agreement and any extension of such term, public liability insurance with insurers and through brokers approved by Lessor. Such coverage shall be adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the Premises, in for each person injured, $_____________ for any one accident, and $______________ for property damage. The insurance policies shall provide coverage for contingent liability of Lessor on any claims or losses. The insurance policies shall be delivered to Lessor for safekeeping. Lessee shall obtain a written obligation from the insurers to notify Lessor in writing at least ______ (number) days prior to cancellation or refusal to renew any policy. B. If the insurance policies required by this section are not kept in force during the entire term of this Lease Agreement or any extension of such term, Lessor may procure the necessary insurance and pay the premium for it, and the premium shall be repaid to Lessor as an additional rent installment for the month following the date on which the premiums were paid by Lessor. 17. Assignment, Sublease, or License A. Lessee shall not assign or sublease the Premises, or any right or privilege connected with the Premises, or allow any other person except agents and employees of Lessee to occupy the Premises or any part of the Premises without first obtaining the written consent of Lessor. A consent by Lessor shall not be a consent to a subsequent assignment, sublease, or occupation by other persons. B. An unauthorized assignment, sublease, or license to occupy by Lessee shall be void and shall terminate this Lease Agreement at the option of Lessor. C. The interest of Lessee in this Lease Agreement is not assignable by operation of law without the written consent of Lessor. 18. Breach The appointment of a receiver to take possession of the assets of Lessee, a general assignment for the benefit of the creditors of Lessee, any action taken or allowed to be taken by Lessee under any bankruptcy act, or the failure of Lessee to comply with each term and condition of this Lease Agreement shall constitute a breach of this Lease Agreement. Lessee shall have _____ (number) days after receipt of written notice from Lessor of any breach to correct the conditions specified in the notice. If the corrections cannot be made within the ______ (number)-day period, Lessee shall have a reasonable time to correct the default if action is commenced by Lessee within ______ (number) days after receipt of the notice. 19. Remedies of Lessor for Breach by Lessee Lessor shall have the following remedies in addition to its other rights and remedies if Lessee breaches this Lease Agreement and fails to make corrections as set forth in Section 18 : A. Lessor may reenter the Premises immediately and remove the property and personnel of Lessee, store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee. B. After reentry, Lessor may terminate this Lease Agreement on giving ______ (number) days' written notice of termination to Lessee. Without such notice, reentry will not terminate this Lease Agreement. On termination, Lessor may recover from Lessee all damages proximately resulting from the breach, including but not limited to the cost of recovering the Premises and the balance of the rent payments remaining due and unpaid under this Lease Agreement. C. After reentering, Lessor may re-let the Premises or any part of the Premises for any term without terminating this Lease Agreement, at such rent and on such terms as it may choose. Lessor may make alterations and repairs to the Premises. The duties and liabilities of the parties if the Premises are re-let shall be as follows: 1. In addition to Lessee's liability to Lessor for breach of this Lease Agreement, Lessee shall be liable for all expenses of the re-letting, for the alterations and repairs made, and for the difference between the rent received by Lessor under the new Lease Agreement and the rent installments that were due for the same period under this Lease Agreement. 2. Lessor, at its option, shall have the right to apply the rent received from re-letting the Premises: (a) to reduce Lessee's indebtedness to Lessor under this Lease Agreement, not including indebtedness for rent, (b) to expenses of the re-letting and alterations and repairs made, (c) to rent due under this Lease Agreement, or (d) to payment of future rent under this Lease Agreement as it becomes due. 20. Attorneys’ Fees If Lessor files an action to enforce any Agreement contained in this Lease Agreement, or for breach of any covenant or condition, Lessee shall pay Lessor reasonable attorney's fees for the services of Lessor's attorney in the action, all fees to be fixed by the court. 21. Condemnation Eminent domain proceedings resulting in the condemnation of a part of the Premises, but leaving the remaining Premises usable by Lessee for the purposes of its business, will not terminate this Lease Agreement unless Lessor, at its option, terminates this Lease Agreement by giving written notice of termination to Lessee. The effect of any condemnation, where the option to terminate is not exercised, will be to terminate this Lease Agreement as to the portion of the Premises condemned, and the Lease of the remainder of the Premises shall remain intact. The rental for the remainder of the Lease term shall be reduced by the amount that the usefulness of the Premises has been reduced for the business purposes of Lessee. Lessee assigns and transfers to Lessor any claim it may have to compensation for damages as a result of any condemnation. 22. SeverabilityThe 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. 23. 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. 24. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________. 25. Notices Unless provided herein to the contrary, any notice 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. Compliance with Laws In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. 31. 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. ________________________ _________________________ (Printed Name of Lessor) (Printed Name of Lessee) ________________________ _________________________ (Signature of Lessor) (Signature of Lessee) Attach Exhibit Acknowledgements 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 jurisdiction, the within- named __________________ (Name of Lessor) , 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 jurisdiction, the within- named __________________ (Name of Lessee) , who acknowledged that he executed the above and foregoing instrument. __________________________ NOTARY PUBLIC My Commission Expires: ____________________