Fill and Sign the How to Write an Addendum to a Lease with Sample Addendums Form

ADDENDUM ___ The text of "Article I. Definitions and Certain Basic Provisions. 1.1 (p)" in the printed lease is deleted and the following provision is substituted in place thereof:(p) Permitted use: Tenant shall have the right to use the leasepremises for (i) the sale and rental of audio and video rentalsoftware (i.e., information encoded electronically or mechanically,or in combination thereof), to include (without limitation) pre-recorded records, tapes, video tapes, computer game cartridges, CED discs, laser discs, compact discs, computer programs and various media and merchandise incidental thereto (including, but not limited to ______ media for recording of information and materials for cleaning, handling or storing of such media, and, incidental thereto, the sale and/or rental of rental equipment necessary for the production and/or playback of software, including but not limited to video tape recorders, video disc players, laser disc players, record players, televisions, computers, compact disc players, video game console, merchandise incidental thereto, entertainment books and magazines and other music or entertainment oriented to gift items); (ii) the renting of video and other games to be played on sight, including coin or token operated games of a nature commonly found in amusement arcades; (iii) the sale of yogurt, shakes, and other prepared foods and snack items primarily for consumption in the leased premises;and (iv) sales of tickets for entertainment events, including sporting events, to be held off-sight. From and after the date of this lease, and so long as this lease remains in effect, landlord agrees that it shall not hereafter lease space in the shopping center or any out-parcel thereof for the purposes to find as permitted uses hereunder, without tenant's prior written consent. ADDENDUM ___ The text of "Article VI. Common Area. 6.1" in the printed lease is amended to include the following provision as a part thereof: Notwithstanding the landlord's right to make changes to the common area and other parts of the shopping center as set forth in Article VI, the landlord shall not, without the tenant's prior approval, (i) make any changes or addition that diminish ingress or egress to the leased premises or the shopping center, or that diminish the amount of available parking or the proximity of the parking to the leased premises, or that diminish the visibility of the leased premises from any street adjacent to the leased premises or the shopping center or from the shopping center entrances or exits, or (ii) construct facilities serving the lease premises or the shopping center other than those in areas designated for future expansion or store sites on the site plan attached to the lease. ADDENDUM ___ The text of "Article VI. Common Area. 6.2" in the printed lease is deleted and the following provision is substituted in place thereof: 6.2 Tenant agrees to pay as an additional charge each month for its proportionate share of the reasonable cost of operation, repair and maintenance of the common area (including, among other costs, those incurred for lighting, water, sewerage, sanitary control, painting, cleaning, paving, removal of snow, ice, trash and garbage, policing, landscaping, repairing, replacing guarding and protecting clothes) which may be incurred by landlord and five percent (5%) of the foregoing costs to cover landlord's and administration and supervisory costs in said operation. The proportionate share to be paid by tenant of the cost of operation and maintenance of the common area shall be computed in the ratio that tenant's leasable area of the demised premises bares to all of the leasable area within in the shopping center. Landlord shall make monthly or other periodic charge based on an estimated annually cost of operation and maintenance of the common area, payable in advance but subject to adjustment after the end of the year on the basis of the actual cost for such year. Any such periodic charges shall be due and payable upon delivery of notice thereof. The initial common area maintenance charge, subject to adjustment as provided herein, shall be that amount set out in Article I Section 1.1 (l). ADDENDUM ______ The text of "Article VII: Use and Care of Premises. 7.1" in the printed lease is amended to include the following provision as a part thereof: In addition to the other instances provided for in the lease, tenant shall be entitled to close its business during reasonable periods (i) for inventories, closing or reduction in business operations due to damage by fire or other casualty, condemnation, act of God, strikes, or any other cause beyond the reasonable control of the tenant and (ii) ceasing business prior to the expiration of the lease terms so as to enable the tenant to fulfill its obligation to vacate upon the expiration of the lease term. Furthermore, the parties agree that the tenants shall have the absolute right to cease business operations in the devise premises, altogether, if in its sole discretion the continued operation of the business and the devised premises cannot be economically justified. In the event tenant elects to cease business operations in the leased premises because they cannot be economically justified, the tenant agrees to remain liable for the monthly rental amounts due under the lease, as such rental accrue. Should the tenant exercise its option to cease business operations altogether as set forth herein, landlord shall have the right to terminate this lease by giving tenant ten (10) days written notice. ADDENDUM ___ The text of "Article VII: Use and Care of Premises" in the printed lease is amended to include the following provision as a part thereof: 7.8 Landlord agrees to hold harmless and indemnify the tenant from any laws, cost or liability of any nature that maybe suffered by the tenant on account of the presence of any hazardous material in the leased premises at the time possession is delivered to the tenant. The parties agree that this covenant shall survive the termination of this lease between the parties. ADDENDUM _______ The text of "Article VIII. Maintenance and Repair of Premises. 8.3" in the printed lease is amended to include the following provision as a part thereof: Landlord and Tenant agree that the following shall be excluded from tenant's maintenance obligations: Damage or conditions due to or caused by reasonable wear and tear, depreciation and obsolescence, damage caused by fire or other casualty whereby any condemning authority, or by any act or omission of landlord or landlord's failure to make repairs required of it under the lease, or caused by a defective design or construction by landlord. The landlord agrees to make available, and assign if necessary, to tenant, any and all warranties and guaranties of construction and materials and equipment on the leased premises. ADDENDUM _________ The first sentence of text of "Article IX. Alterations. 9.1" in the printed lease is deleted and the following sentence is substituted in place thereof: Tenant shall have the right to make any alterations, additions or improvement to the demise premises it desires, without the consent of the landlord, including the right to (i) install fixtures, shelving and partitions in the demises premises, (ii) to paint, decorate and refurbish the leased premises and (iii) to make any nonstructural alterations so long as the tenant complies with all applicable laws. ADDENDUM _________ The text of "Article XI. Signs; Store Fronts. 11.1 " in the printed lease is deleted and the following provision is substituted in place thereof: 11.1 Landlord has viewed and is aware of tenants typical signage and approves and consents to the use of the same or similar signage by tenant in connection with its lease of the demises premises, subject to any governmental requirements. Furthermore, tenant shall have the right to change its signage to reflect and display any new trade name of the tenant or its assignees during this lease. All signs, decorations and advertising media shall be reasonable in all respects, including construction, method of attachment, size, shape, height, lighting, and general appearance. All signs shall be kept in good condition and in proper operating order at all times. Landlord agrees that tenant shall be entitled to install its sign at the top position of any shopping center pylon. ADDENDUM ___ The text of "Article XII. Utilties. 12.3 " in the printed lease is deleted and the following provision is substituted in place thereof: 12.3 Landlord shall not be liable for any interruption or failure whatsoever in utility service, except interruptions due to the negligence of landlord, landlord's employees or persons acting on behalf of the landlord. ADDENDUM ___ The texts of "Article XVI. Eminent Domain. 16.1, 16.2, 16.3" in the printed lease are deleted and the following provision is substituted in place thereof: Article XVI. Eminent Domain. 16.1If more than ten percent (10%) of the demised premises should be taken for any public or quasi-public use under any governmental law, ordinance or regulation or by right or eminent domain or by private purchase in lieu thereof, tenant shall have the option to terminate this lease and all further obligations of the tenant and landlord during the unexpired portion of this lease shall be novated, effective on the day physical possession is taken by the condemning authority. Regardless of the percentage of the demise premises taken, tenant shall have the option to terminate this lease, if as a result of the condemnation (i) the remainder of the demised premises is not one undivided parcel of property, or (ii) is no longer unimpeded access between the demised premises and any public street or way adjacent to the leased premises or (iii) the remainder of the demised premises is not suitable for the conduct of the tenants business with sufficient parking. Tenant shall also have the right to terminate this lease if twenty percent or more of the common area is taken, or so much of the common area is taken that the remainder of the parking area is less than the amount of parking required or applicable ???? or the tenant and its customers are deprived of reasonable access to and from the demised premises. If the tenant does not elect to terminate, the minimum guaranteed rental payable hereunder during the unexpired portion of this term shall be reduced in proportion to the area taken, effective on the date physical possession is taken by the condemning authority. In addition, the minimum guaranteed rental shall also be reduced by one-fourth (¼) of the ratio which the number of square feet of the common area, if any, taken bears to the total number of square feet in the common area immediately prior to the taking. Following such partial taking, landlord shall make all necessary repairs or alterations within the scope of landlord's work as described in "Exhibit E" necessary to make the demised premises and architectural hold. Any election to terminate this lease in accordance with this provision shall be evidenced by written notice of termination to the other party within thirty (30) days after the day physical possession is taken by the condemning authority. ADDENDUM ___ The text of "Article XVII. Assignment and Subletting. 17.1" in the printed lease is deleted and the following provision is substituted in place thereof: 17.1 Tenant shall have the absolute right to assign the lease or any estate therein, or to sublet the Demised Premises to any "affiliate" of the tenant, not withstanding any provision in this lease to the contrary. For the purposes of this addendum, the term "affiliate" means any entity controlling, controlled by or under common control with the tenant. Furthermore, the parties agree that this lease shall be assignable to the survivor corporation in a corporate merger of tenant with any other corporate entity, so long as the net worth of the survivor is as least as great as the net worth of the tenant at the time of the merger. ADDENDUM ___ The text of "Article XXII. Subordination. 22.1" in the printed lease is deleted and the following provision is substituted in place thereof: 22.1 Landlord represents warrants that there are no mortgage or deed of trust liens on the properties as of the time of execution of this lease, except as follows: 1.2.3. Tenant accepts this lease subject and subordinate to any mortgage, deed of trust or lien presently existing, and to any renewals and extensions thereof, provided that as a condition precedent to the effectiveness of the subordination, the holder of any such mortgage, deed of trust or other lien enters into and executes a non-disturbance agreement with tenant, a in a form satisfactory to tenant. ADDENDUM ___ The text of "Article XXV. Late Charges. 25.1" in the printed lease is deleted and the following provision is substituted in place thereof: 25.1 In the event tenant fails to pay landlord when due any installment of rental or other sum to be paid by landlord which may become due hereunder, within ten (10) days after such amount is due, tenant will pay landlord on demand a late charge of two percent (2%) thereof. Failure to pay such late charge upon demand therefore should be an event of default hereunder. Provisions for such late charges shall be in addition to all other rights and remedies available to landlord hereunder or at law or in equity and shall not limit landlord's remedies in any manner. ADDENDUM ___ The text of "Article XXVIII. Option to Renew. 28.1" in the printed lease is deleted and the following provision is substituted in place thereof: 28.1 Tenant is hereby granted the option to lease the demised premises for an additional term of _____ years if tenant is not in default hereunder at the time said option is exercised, said additional term to begin immediately upon termination of the current lease term and to be governed by the terms and conditions set forth in this lease. The minimum guaranteed rental during such additional lease term shall be _____ dollars per month payable in advance. If tenant desires to exercise said option, it shall give landlord written notice of its intent to do so at least one hundred-eighty (180) days prior to the end of the primary term of this lease as set forth in Section 1.1(h); provided, however, that said option to renew shall be exercised by the tenant, even though its expiration date has passed, unless the tenant fails to exercise the option within thirty (30) days after notice from the landlord that the tenant has failed to timely exercise the option. ADDENDUM ___ The text of "Article XXIX. Conditions Precedent to Obligations of Parties. 29.1" in the printed lease is deleted and the following provision is substituted in place thereof: 29.1 A condition precedent to any and all tenant's obligations under this lease, is that tenant must be able to obtain a building permit, a permit for the installation of the tenant's signage and any permits necessary for the tenant's intended use of the demised premises. In the event tenant is unable to satisfy any of the conditions precedent within sixty (60) days after the signing of the lease, tenant shall have the right to terminate the lease. Tenant shall have the right to waive any of the conditions precedent, at its option. ADDENDUM ___ The text of the printed lease is amended to include the following provision as ARTICLE XXX. thereof: ARTICLE XXX. Reasonableness of Landlord's Consent. 30.1 Whenever the consent or approval landlord is required by any provision of this lease, the landlord agrees not to unreasonably withhold or delay its consent.