Legal Hurricane Addendum

LEGAL HURRICANE ADDENDUM

This Legal Hurricane Addendum ("Addendum") is entered into as of Effective Date: by and between Landlord Name: ("Landlord") and Tenant Name: concerning the leased premises located at Property Address: and relating to the Lease dated (the "Lease").

Recitals

WHEREAS, the parties entered into the Lease referenced above under which Tenant occupies the Premises; and

WHEREAS, the Premises are located in a geographic area subject to hurricanes, tropical storms, storm surge, flooding and other severe wind or water events (collectively "Hurricane Events"); and

WHEREAS, the parties desire to establish their respective rights, obligations and procedures in the event of a Hurricane Event affecting the Premises.

Now, Therefore

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. Definitions

For purposes of this Addendum, the following definitions apply: "Hurricane Warning" means official notice issued by a recognized government authority or meteorological service indicating an imminent threat of hurricane conditions. "Emergency Period" means the period beginning upon issuance of a Hurricane Warning for the area encompassing the Premises and ending when governing authorities or Landlord determine it is safe to re-enter, or when Tenant is expressly authorized in writing to return. "Damage" means physical harm to the Premises caused by a Hurricane Event that materially impairs habitability or the operations of the Premises.

2. Preparation and Mitigation

Tenant shall take commercially reasonable measures to secure Tenant's personal property and to mitigate foreseeable Damage to the Premises. Tenant shall comply with any written reasonable direction provided by Landlord regarding boarding, securing windows, removal of loose exterior items, and other reasonable preparedness measures. If Tenant fails to take such measures and such failure materially contributes to Damage, Tenant shall be responsible for costs reasonably required to remedy the same.

3. Evacuation; Access and Re-Entry

When a Hurricane Warning is issued or when Landlord reasonably determines evacuation is necessary for safety, Tenant shall promptly evacuate the Premises. Tenant acknowledges that re-entry to the Premises may be restricted by governmental authorities or by Landlord for safety and restoration. Tenant shall not re-enter the Premises until authorized by the relevant authority or Landlord in writing. Tenant shall provide Landlord an emergency contact name and telephone number:

4. Landlord's Right to Secure and Repair

If Landlord reasonably determines that the Premises require securing or emergency repairs to prevent further Damage or to protect health and safety, Landlord, its agents or contractors may enter the Premises without Tenant's prior consent to perform such securing or emergency repairs. Landlord will use reasonable efforts to provide notice to Tenant prior to entry where practicable; however, in emergencies, Landlord's right to enter is immediate. Tenant agrees to reimburse Landlord for the reasonable cost of such emergency securing or repairs to the extent Tenant's negligence or breach caused or materially contributed to the need for the work.

5. Rent, Utilities and Services During Emergency Period

If the Premises are rendered uninhabitable for a period exceeding consecutive days as a direct result of a Hurricane Event, the parties shall negotiate an equitable reduction or suspension of Rent apportioned to the duration and extent of uninhabitability. Notwithstanding the foregoing, Tenant remains responsible for Rent and other obligations under the Lease until the parties agree in writing or a court or arbitrator orders otherwise, except as expressly modified herein. Landlord shall use commercially reasonable efforts to restore utilities and building services.

6. Insurance; Subrogation

Each party shall maintain, at its expense, insurance policies appropriate to its interests, including but not limited to property and casualty coverage. Tenant is encouraged to carry contents and flood insurance for Tenant's property. To the extent permitted by applicable law and insurance policy terms, the parties waive claims against one another for loss or damage covered by their respective insurance policies, and shall cooperate with insurers and each other in any claims handling and subrogation matters.

7. Indemnification

To the fullest extent permitted by law, Tenant shall indemnify, defend and hold harmless Landlord and its agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Tenant's negligence, willful misconduct, or breach of this Addendum in connection with a Hurricane Event, except to the extent any claim results solely from Landlord's gross negligence or willful misconduct.

8. Force Majeure

A Hurricane Event shall constitute a Force Majeure event that may excuse, in whole or in part, performance by either party to the extent such performance is prevented by the Hurricane Event. The party claiming Force Majeure shall promptly notify the other party in writing and use reasonable efforts to mitigate the effects of the event. Force Majeure shall not excuse Tenant's indemnity obligations or Tenant's duty to secure Tenant's own property as required above.

9. Termination Rights

If Damage caused by a Hurricane Event renders the Premises materially unfit for the intended use and Landlord reasonably determines that repair or restoration will take in excess of calendar days, either party may terminate the Lease by providing written notice to the other party. Termination under this section shall be effective on the date specified in the notice, and may include shifting of prorated obligations as required by law and the Lease.

10. Notices

All notices required or permitted under this Addendum shall be in writing and delivered in accordance with the Notice provisions of the Lease or to the addresses above if not specified in the Lease.

11. Amendments; Waiver; Counterparts

This Addendum may be amended only by a written instrument executed by both parties. No waiver of any provision shall be effective unless in writing and signed by the waiving party. This Addendum may be executed in counterparts, each of which shall be an original and all of which together shall constitute one instrument.

12. Governing Law; Entire Agreement; Severability

This Addendum shall be governed by and construed in accordance with the laws of the state governing the Lease. This Addendum, together with the Lease, constitutes the entire agreement between the parties with respect to matters contained herein and supersedes all prior negotiations and understandings related to Hurricane Events. If any provision of this Addendum is declared invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

13. Additional Provisions

Tenant expressly acknowledges and agrees that Tenant will remove personal property and hazardous materials as necessary and that Landlord may remove such items at Tenant's expense if left after evacuation authorization. Tenant acknowledges receipt of a copy of this Addendum and agrees to comply with its terms.

Tenant grants permission to Landlord or Landlord's agents to secure or remove abating items from the Premises if necessary to mitigate imminent Threat to life or property: Tenant authorizes

If Landlord performs emergency securing or repairs attributable to Tenant's failure to comply, Landlord may bill Tenant for reasonable costs. Tenant elects payment method:

Acknowledgment

The parties acknowledge that they have read and understand this Addendum, that they have had the opportunity to consult counsel, and that this Addendum is legally binding upon execution by both parties.

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