Fill and Sign the Lease of Space or Booth to Sell and Concessions Form

Lease of Space or Booth to Sell and Concessions This lease and concession agreement is made _______________ (date), between ____________________ (Name of Lessor), a corporation organized and existing under the laws of the state of ______________, with its principal office located at __________________ ____________________________________________________________ (street address, city, county, state, zip code), referred to herein as Lessor, and ______________________ (Name of Lessee) , a corporation organized and existing under the laws of the state of ________________, with its principal office located at _________________________________ ____________________________________________ (street address, city, county, state, zip code), referred to herein as Lessee.Whereas, Lessor is the owner of a (give brief description such as shopping center, department store, etc.) _________________________________________________, located at __________________________________________________________________________ (street address, city, state, zip code), hereinafter referred to as Premises ; and Whereas, Lessee proposes to furnish (describe concessions) ___________________ __________________________________________________________________ at Location ; 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 Concession AreaLessor leases to Lessee the concession location at _____________________________ ________________________________________________ (street address, city, state, zip code), more specifically described in the diagram attached hereto as Exhibit A and incorporation herein by reference, said location being referred to herein as concession location.2. TermWith respect to said as concession location, the term of this lease shall extend for a period of ______ (number) years (or months) from the effective date of this Agreement. The effective date shall be that date on which the concession location is made available to Lessee by Lessor. The date upon which the concession location is made available to Lessee shall be determined by a letter addressed to Lessee by Lessor.3. RentThe rentals to be paid to Lessor by Lessee during the term of this lease for the concession location shall be $_________ per month payable on the first day of each month with the rent of the first month to be prorated according to the date of the month that concession location was made available to Lessee. Remittances of the amounts due for each month, as computed in this section, shall be paid to Lessor at its office at __________________________ ____________________________________________ (street address, city, state, zip code). 4. UtilitiesLessee shall pay, throughout the term of this lease, the cost of all utility services used by Lessee, as indicated by the respective meters, including but not limited to water, gas, and electricity. Lessee shall also pay all costs of the disposal of waste materials from the concession location covered by this lease. 5.Cash RegistersLessee shall at its own expense provide at least one sealed cash register.6. Use of Concession LocationThe concession location shall on be used for the sale of (describe) _________________ _____________________________________________________________________________.7. Restrictions Concerning SignsLessee shall not erect or maintain signs or conduct promotional efforts other than (describe) __________________________________________________________________. This restriction shall not prevent Lessee from conducting promotional efforts through public media such as newspapers, radio, television, billboards, letters or circulars, provided same are not located or distributed at (describe) ____________________________________________. Lessee shall secure the approval of the (e.g., shopping center manager) ________________ ________________________________ for all signs to be displayed on Lessor’s Premises and the concession location, but such approval shall not be unreasonably withheld.8.AlterationsLessee shall make no alterations, changes, or additions in or to the concession location, unless and until the written consent of Lessor shall have been obtained. All plans and specifications for such alterations, changes or additions shall be approved by Lessor , acting through (e.g., shopping center manager) _________________________________________ .9.IndemnificationLessee shall indemnify Lessor, its officers, agents and employees, from any and all claims and demands of third persons, including employees of Lessee, for personal injury including death or property damage arising out of the acts or omissions of Lessee, its officers, employees, agents, representatives, contractors, customers, guests, invitees and other persons doing business with Lessee .10. InsuranceA. Liability Insurance Lessee shall maintain public liability and property damage insurance in an insurance company qualified to do business in ____________________ (name of state) with limits of not less than $____________ for bodily injury or death to any one person, $____________ for bodily injury or death to more than one person, and $____________ for damage to property. Certificates of such insurance shall be filed with Lessor.B. Fire InsuranceLessee shall secure and maintain fire and extended coverage insurance in an amount equal to the full insurable value of the improvements on the concession location. Such policies of insurance shall name both Lessor and Lessee as insureds, as their respective interests may appear, and shall provide that any loss shall be payable to Lessor and Lessee jointly. The improvements that are damaged or destroyed by any casualty covered by such insurance shall be replaced by Lessee to the extent of the proceeds of such insurance, or, if Lessee has not commenced the replacement of such improvements within (e.g. 30) _______ days from the date of such damage or destruction and if such replacement has not been completed within a reasonable time afterward, Lessor shall replace or complete the replacement of such improvements to the extent that the cost of such replacement shall be covered by the insurance proceeds. The proceeds of such insurance shall be held in trust for the sole and express purpose of replacing such improvements and shall be paid out from time to time as the same may be required to defray such replacement costs.11.Type and Availability of ServicesWith respect to each of the activities to be carried on by Lessee under the provisions of this Agreement, Lessee shall conduct a first class business of high quality and public service. Lessee shall make available to the public on a (e.g. 24) ____ - hour a day basis all of the facilities covered by this Agreement, except when such may be impossible by reason of strikes or circumstances beyond Lessee's control. In all of its operations, Lessee shall exert every reasonable effort to furnish the amount of merchandise and services necessary to meet the demands at (e.g. shopping center) ________________________________.12.Condition of Personnel and Concession LocationLessee shall require its representatives and employees to be uniformed and to maintain at all times a neat and clean appearance and to carry out their duties in an efficient and courteous manner. Lessee shall keep and maintain the concession location occupied and controlled by it in a clean and orderly condition at all times.13. Compliance with LawLessee shall at its own expense comply with all federal, state and local laws, ordinances of the City of _____________________ (Name), and rules and regulations now or later in force which may be applicable to Lessee 's operations at the (e.g. shopping center) _____________ ____________________. Lessee shall obtain and pay for all building permits, licenses and other permits which may be required for the activities contemplated by this lease. Lessee shall at its own expense provide facilities for the disposal of waste originating on the concession location. 14. TerminationThis Agreement may be terminated by Lessor at its option if any one or more of the following events shall occur:A. Lessee shall become insolvent or shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for reorganization or the readjustment of its indebtedness under the federal Bankruptcy Law or under any other law or statute of the United States or of any of its states, or consent to the appointment of a receiver, trustee, or liquidator of all, or substantially all, of its property;B. By order or decree of a court, Lessee shall be adjudged bankrupt or an order shall be made approving a petition filed by any of the creditors or by any of the stockholders of Lessee, seeking its reorganization or the readjustment of its indebtedness under the federal Bankruptcy Law or under any bankruptcy or insolvency law or statute of the United States or of any state of the same;C. A petition under any part of the federal Bankruptcy Law or an action under any present or future insolvency law or statute shall be filed against Lessee and shall not be dismissed within (e.g. 60) _______ days;D. The transfer, assignment or subletting of any of Lessee 's rights or interests under this lease, or any voluntary change in the majority ownership of the same, without the prior written consent of Lessor;E. By or pursuant to, or under authority of any legislative act, resolution or rule, or any order or decree of any court or government board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all, or substantially all, of the property of Lessee , and such possession or control shall continue in effect for more than (e.g. 60) _____ days;F. Any lien is filed against the concession location because of any act or omission of Lessee and is not removed within a reasonable period;G. Lessee shall voluntarily abandon, desert, vacate or discontinue its operations in the concession location;H. Lessee shall fail duly and punctually to pay the rentals or to make any other payment required under this lease when due to Lessor; orI. Lessee shall fail to comply with any of its obligations under this lease.15. Acceptance of RentalsNo acceptance by Lessor of rentals, fees, charges or other payments in whole or in part for any period or periods after a default of any of the terms, covenants and conditions to be performed, kept or observed by Lessee shall be deemed a waiver of any right on the part of Lessor to terminate this lease.16. Notice of DefaultBefore Lessor shall be authorized to terminate this Agreement, it shall give Lessee written notice of the default by certified mail, and shall give Lessee (e.g. 15) _____ days in which to cure such default; provided, however, that when the curing of any such default would obviously require more than (e.g. 15) _______, Lessor shall give Lessee such additional time as reasonably may be necessary in which to cure the default.17. ExclusivityWith respect to the (e.g. shopping center) ________________________________, Lessee shall have the exclusive right to operate and maintain the (describe nature of concession’s business) _______________________________________________________ . 18.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. 19. 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. 20. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 21. 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. 22. 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. 23. Mandatory ArbitrationAny 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. 24. 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. 25. 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. 26. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 27. In this contract, 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) (Name of Lessee) By:______________________________ By:________________________________ (Printed name & Office in Corporation) (Printed name & Office in Corporation______________________________ ____________________________ (Signature of Officer) (Signature of Officer)