Fill and Sign the Lease of Concession Space in Department Store Form

Lease of Concession Space in Department Store Agreement made on the _______________ (date) , between __________________ (Name of Lessee) of ___________________________________________________________ _________________ (street address, city, county, state, zip code) , referred to herein as Lessee , and _____________________ (Name of Lessor) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at ___________ _______________________________________________________________ (street address, city, state, zip code) , referred to herein as Lessor . Whereas, Lessor desires to lease a portion of the premises (the Space or Concession Space ) of its Department Store, ______________________________ (Name of Store) , located at __________________________________________________________________________ (street address, city, state, zip code) , as a ___________________ (type of concession) in the Store; and Whereas, Lessee desires to secure such Space in the Store and to operate a _____________________ (type of concession) in the Space, ( also referred to herein as demises premises) . 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. Description of Demised Premises Lessor leases to Lessee , and Lessee leases from Lessor , the Space consisting of ______ (n umber) square feet in Store , on the _______ (number) floor, extending (description of area to be Leased) _________________________________________________________. The location of the Space in the Store is subject to change whenever requested by Lessor , and Lessor reserves the right to change the location of Lessee 's Space in the Store, so long as the Space provided remains the same in area and is as accessible as that Space described above. 2. Use The Space described above is leased to be used as a _____________________ (type of concession) . Lessee shall restrict the use of the leased Space to that purpose and limit the business conducted in that Space to retail sales. 3. Term of Lease This Lease shall be for a term of _______ (number) years, beginning on _________________ (date) and ending on ________________ (date) . 4. Rent A. Percentage Rental: The rent for the demised premises shall be _____% of the amount of gross sales made on the demised premises by Lessee , its officers, agents, and employees. The total receipts of each business day shall be transmitted by Lessee to Lessor at the end of each business day. Lessor shall deduct from the amount of the gross sales all amounts that may be due it for rent, advertising, and other expenditures under this Lease Agreement made by Lessor for and on behalf of Lessee's business, and Lessor shall pay the balance to Lessee during the first succeeding business day. Lessee shall pay all expenses in connection with the operation of its business. B. Minimum Rental: Lessee guarantees that its net sales shall be no less than $___________ each year during the term of this Lease. Lessor is authorized by Lessee to deduct from its sales a pro rata amount each day during the continuance of this Lease Agreement so that the amount deducted for rent each year shall be no less than $___________. At the end of each week, an accounting and settlement shall be made. If Lessee 's sales shall be more than $___________ for that week, Lessor shall have the right to deduct the difference due it under this Lease Agreement from the sales. 5. Access A. Lessee shall keep open passageways at all times through and from the demised premises to Lessor’s aisles and Lessor’s elevators or escalators without obstruction of any kind. B. Lessee shall devote sufficient open space for cashier and bundle desks to accommodate the Concession Space at such place as Lessor shall from time to time direct. 6. Stock and Manner of Sales A. Lessee shall carry in stock at all times a full line of new and salable stock of such of the merchandise described above that it has the right to sell and of the type prevailing for the time being. The amount of the stock shall be fully complete and ready for sale at all times during business hours of the Store. B. Lessee shall conduct its concession in a proper and becoming manner and in accordance with the rules and regulations of the Store as prescribed from time to time by Lessor . 7. Heat and Light Lessor shall furnish Lessee heat and light adequate and reasonable for the demised premises . 8. Advertising A. Lessee shall advertise the goods offered for sale by it in the demised premises through the advertising department of Lessor's Store in connection with the advertisements of Lessor in such media as are selected by Lessor , the advertisements to be in form satisfactory to Lessor and paid for by Lessee at the cost to Lessor . B. Lessee shall advertise its goods judiciously for the furtherance of its business and agrees to expend not less than ______% of its gross sales for advertisements. C. Lessor shall furnish to Lessee , from time to time, and at Lessor's discretion, space for a window display of its merchandise. Window display space shall be subject to directions of Lessor . 9. Store Rules to be Followed Lessee and its employees shall at all times during the term of this Lease Agreement or any extension of this Lease Agreement be governed by all rules prescribed by Lessor for the management of its Stores and shall conduct its Concession Space with due regard for the rights of Lessor . 10. Non-Liability of Lessor and Insurance A. Lessor shall not be liable for damage of any kind to the Concession Space or to any of Lessee 's employees in the Concession Space or to Lessee's officers, agents, or customers. B. Lessee , at its own expense and with a company acceptable to Lessor , shall carry liability insurance for the demised premises . 11. Management Lessee shall furnish a competent manager to be present at all times during business hours who shall devote his or her entire time and attention to the purpose of promoting and furthering the business of the Lessee’s concession. The keys of the building shall be at all times in the possession of Lessor . 12. Discounts A. Lessee shall allow a discount of ______% to Lessor and all employees of Lessor 's Store where the demised premises are located, and such other customers who are entitled to a discount under the regular rules of Lessor on all goods and merchandise regularly offered for retail sale in the Concession Space. B. Lessee and all persons employed by Lessee in the Concession Space shall be allowed a discount in the same percentage on all goods and merchandise regularly offered for retail sale in Lessor's Store. 13. Assignment and Sublease Lessee shall not assign this Lease Agreement or sublet all or any part of the demised premises , or permit others to occupy the demised premises , without Lessor 's prior, express, and written consent. 14. Signs Lessee shall not put up any signs on the inside or outside of the demised premises without the prior, express, and written consent of Lessor . 15. No Bills; Returns of Sales A. Lessee shall not contract bills in the name of Lessor , or in any way, directly or indirectly, involve Lessor in any expense or liability. B. All sales made by Lessee on the demised premises shall be made in the name of Lessor , and returns shall be made immediately to Lessor 's accounting department by the person making the sales. 16. Delivery at End of Term Lessee shall deliver the demised premises to Lessor or its successors at the end of the Lease term or any extension of the Lease term, without further demand or notice, and in as good order and repair as it is now or may later be, allowing for reasonable wear and tear. 17. Lessor’s Right to Terminate on Lessee’s Breach A. If Lessee fails to perform and carry out any of the terms or conditions of this Lease Agreement strictly in accordance with the provisions of this Lease Agreement, or for any reason is unable properly to conduct its business, Lessor may terminate this Lease Agreement by giving written notice to Lessee . On termination, all rights of Lessee to occupy or use the demised premises shall end on the ______ ( number) day after delivery of the notice, by which time Lessee and all its officers, agents, and employees shall vacate and surrender the demised premises to Lessor quietly and peacefully. B. Lessor 's termination of this Lease under this Section shall not prevent or interfere with the recovery by Lessor of any rent or other payments due under this Lease Agreement, or prevent or interfere with Lessee 's recovery from Lessor of any damages for breach of this Lease Agreement. 18. Last Month’s Rental Deposit Lessee shall pay Lessor concurrently with the execution of this Lease agreement $___________ to be applied by Lessor , without interest, toward payment of the last month's rent under the terms of this Lease Agreement. Receipt of such sum is acknowledged by Lessor . 19. Binding Effect This Lease Agreement shall be binding on the heirs, executors, successors, and assigns of the parties. 20. Remedies of Lessor Cumulative The remedies given to Lessor in this Lease Agreement shall be cumulative, and the exercise of any one remedy by Lessor shall not be to the exclusion of any other remedy. 21. Counterparts This Lease 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. 22. 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. 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 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. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 27. 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. 28. 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. 29. 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. 30. 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 Lessor) ________________________ By:_________________________ (P rinted name) ____________________________ _________________________ (P rinted name & Office in Corporation) (Signature of Lessee) ____________________________ (Signature of Officer)