Sublease of Office Space
This Sublease Agreement is made on the _______________ (date) , between
______________________ (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 , and _______________________ (Name of
Sublessee) , 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 Sublessee .
Whereas, Lessee has leased space in an office building; and
Whereas, Sublessee desires to obtain office space in the geographical area in which the
building is located; and
Whereas, the parties desire to enter a Sublease Agreement defining all rights, duties, and
liabilities of the parties;
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 Premises
A. Lessee has leased a building consisting of ______ (number) floors and
approximately ______ (number) square feet of office space from __________________
(Name of Lessor) , Lessor, of ______________________________________________
_________________ (Address of Lessor) .
B. Lessee shall demise to Sublessee the _____ (number) square feet of the building,
all located on the ___________ (ordinal number) floor, as more fully described in
Exhibit A , which is attached to and made a part of this Sublease Agreement. Said
property to be subleased is hereinafter referred to as the Premises.
2. Purpose of Sublease
A. The Premises demised under this Sublease Agreement are to be used by
Sublessee in the conduct of the business of (description of business) _____________
________________________________________ and all tasks related to that business.
B. Sublessee shall not use the Premises for any illegal, immoral, or ultra-hazardous
activity, whether within or outside the scope of the business of Sublessee .
3. Term of Sublease
A. The term of this Sublease Agreement shall be for an initial period of _______
(number) years, commencing on ___________________ (date of commencement of
Sublease) , and terminating on __________________ (date of end of Sublease) , unless
earlier terminated by breach of the terms and conditions of this Sublease Agreement or
as provided in Sections 7 or 16 .
B. Lessor concurs that Sublessee may remain in possession of the Premises for the
full term of this Sublease Agreement, despite any change that may occur in the status of
Lessee or the lease agreement between Lessee and Lessor.
4. Rent
Sublessee shall pay to Lessee as basic rent $___________ (dollar amount of monthly
rent) per month, on the _____________ (ordinal number) day of each month, commencing on
_________________ (date of first payment) , and continuing each subsequent month
during the term of this Sublease Agreement. Sublessee shall pay all other sums due as
additional rental under the provisions of this Sublease Agreement on the basic rental payment
due date first occurring after the additional Rental payment arises.
5. Services and Utilities
Lessee shall furnish all water and sewer services to Sublessee at the expense of Lessee.
All other utilities required by Sublessee on the Premises , including gas, electricity, and telephone
services, shall be obtained by and at the expense of Sublessee . Sublessee shall also obtain and
pay the expense of all janitorial services required on the Premises .
6. Accidental Damage or Injury
Lessor and Lessee shall not be liable for any damage to property or any injury to persons,
sustained by Sublessee or others, caused by conditions or activities on the Premises . Sublessee
shall indemnify Lessor and Lessee against all claims arising from such damages or injuries and
shall carry liability insurance insuring Lessee, Sublessee , and Lessor against any claims in
amounts to be approved by Lessor.
7. Casualty Damage or Injury
If the Premises shall be destroyed or damaged by any acts of war; the elements, including
earthquake; or fire to such an extent as to render the Premises untenantable in whole or in
substantial part, Lessor has the option of rebuilding or repairing the Premises by giving notice to
that effect to Lessee within _______ (number) days after the occurrence of any damage of the
intent of Lessor to rebuild or repair the Premises or the part so damaged. If Lessor elects to
rebuild or repair the Premises and does so without unnecessary delay, Sublessee shall be bound
by this Sublease Agreement, except that during the period of repair the rent of the Premises shall
be abated in the same proportion that the part of the Premises rendered unfit for occupancy by
Sublessee shall bear to the whole of the Subleased Premises . If Lessor fails to give notice of the
intent to repair, Sublessee shall have the right to declare this Sublease Agreement terminated.
8. Compliance with Original Lease and Laws
A. Sublessee shall not cause or allow any undue waste on the Premises and shall
comply with all applicable laws and ordinances respecting the use and occupancy of the
Premises relating to matters not covered elsewhere in this Sublease Agreement, provided
that Sublessee shall not be required to make any alterations, additions, or improvements
to the Premises in order to conform with this Sublease Agreement.
B. Sublessee shall perform and observe the terms and conditions to be performed on
the part of Lessee under the provisions of the original lease agreement between Lessee
and Lessor, excepting the covenant for the payment of rent reserved by such lease
agreement, and to indemnify Lessee against any and all claims, damages, costs, and
expenses in respect to the nonperformance or nonobservance of any such terms or
conditions.
9. Repairs
Subject to the obligations of Lessor under Section _________ (number) of the original
Lease Agreement, Lessee, unless specified to the contrary in this Sublease Agreement, shall
maintain the Premises in good repair and tenantable condition during the continuance of this
Sublease Agreement, except in case of damage arising from acts or negligence of Sublessee or
the agents of Sublessee .
10. Alterations, Additions, or Improvements
A. Sublessee shall not make any alterations, additions, or improvements on or to the
Premises without first obtaining the written consent of Lessee. All alterations, additions,
and improvements that shall be made shall be at the sole expense of Sublessee and shall
become the property of Lessee and shall remain on and be surrendered with the Premises
as a part of them, at the termination of this Sublease Agreement without disturbance,
molestation, or injury.
B. Nothing contained in this Section shall prevent Sublessee from removing all
office machines, equipment, and trade fixtures customarily used in the business of
Sublessee .
11. Liens
Sublessee shall keep the Premises free and clear of all liens arising out of any work
performed, materials furnished, or obligations incurred by Sublessee .
12. Access to Premises
Sublessee shall allow Lessor or Lessee or the agents or employees of either the free
access to the Premises at all reasonable times for the purpose of inspecting or of making repairs,
additions, or alterations to the Premises or any property owned by or under the control of either
party.
13. Advertisements
All signs or symbols placed in the windows or doors of the demised Premises or on any
exterior part of the building by Sublessee shall be subject to the approval of Lessee. If
Sublessee shall place signs or symbols on the exterior of the building or in the windows or
doors where they are visible from the street that are not satisfactory to Lessee, Lessee may
immediately demand the removal of the signs or symbols. The refusal by Sublessee to comply
with any demand within a period of ______ (number) hours will constitute a breach of this
Sublease Agreement and entitle Lessee immediately to recover possession of the Premises in the
manner provided by law. Any signs so placed on the Premises shall be so placed on the
understanding and agreement that Sublessee shall remove these signs or symbols at the
termination of the tenancy created in and by this Sublease Agreement and repair any damage or
injury to the demised Premises caused by the same. If not so removed by Sublessee , then Lessee
may have the signs or symbols removed at the expense of Sublessee .
14. Sales, Assignments, and Subleases
A. Sublessee shall not assign this Sublease Agreement or sell or sublet the subleased
Premises , or any part of or interest in them, without the prior, express, and written
consent of Lessee .
B. This Sublease shall not be assigned by operation of law.
C. If consent is once given by Lessee to the assignment of this Sublease Agreement
or Sublease of the Premises or any interest in this Sublease Agreement, Lessee shall not
be barred from subsequently refusing to consent to any further assignment or sublease.
D. Any attempt to sell, assign, or sublet without the consent of Lessee shall be
deemed a default by Sublessee , entitling Lessee to reenter pursuant to Section 19 if
Lessee so elects.
15. Quiet Enjoyment
If Sublessee performs the terms of this Sublease Agreement, Lessee will warrant and
defend Sublessee in the enjoyment and peaceful possession of the Premises during the term of
this Sublease Agreement without any interruption by Lessee or Lessor or either of them or any
person rightfully claiming under either of them.
16. Condemnation
A. If the Premises or any part of the Premises are appropriated or taken for any
public use by virtue of eminent domain or condemnation proceedings or if by reason of
law, ordinance, or court decree, whether by consent or otherwise, the use of the Premises
by Sublessee for any of the specific purposes referred to in this Sublease Agreement shall
be prohibited, Sublessee shall have the right to terminate this Sublease on written notice
to Lessee, and rental shall be paid only to the time when Sublessee surrenders possession
of the Premises .
B. In the event of partial appropriation, Sublessee may elect to continue in
possession of that part of the Premises not so appropriated under the same terms and
conditions of this Sublease Agreement, except that in those cases Sublessee shall be
entitled to an equitable reduction of the rental payment under this Sublease Agreement.
C. Any rental paid in advance beyond the time that the property has been taken from
Sublessee shall be returned by Lessee to Sublessee on demand.
D. Sublessee does not waive any right to recover from the condemnation authority
for any damage that may be suffered by Sublessee by reason of any condemnation.
17. Option to Renew
Subject to the receipt by Lessee of an extension of the original lease agreement for a
sufficient duration to include this renewal, at any time before the commencement of the last
calendar month of the first term of this Sublease Agreement, Sublessee is granted the option
and privilege of extending and renewing the term of this Sublease Agreement for an additional
______ (number) -year period at an annual rental to be agreed on or arbitrated as provided in this
Sublease Agreement.
18. Default by Lessor or Lessee
If Lessor or Lessee fails or neglects to perform under the provisions of this Sublease
Agreement or of the original lease between them, then Sublessee may, after reasonable notice
in writing of not less than ______ (number) days, terminate this Sublease Agreement.
19. Default of Sublessee
A. If any rents reserved, or any part of them, shall be and remain unpaid when they
shall become due or if Sublessee violates or defaults in any of the provisions of this
Sublease Agreement, then Lessee may cancel this Sublease Agreement by giving the
required notice and reenter the Premises .
B. In spite of any reentry, the liability of Sublessee for the rent shall not be
extinguished for the balance of the term of this Sublease Agreement, and Sublessee
shall make good to Lessee any deficiency arising from a reentry and reletting of the
demised Premises at a reduced rental.
C. Sublessee shall pay any deficiency on the first day of each month immediately
following the month in which the amount of deficiency is ascertained by Lessee.
20. Insolvency or Bankruptcy
If Sublessee becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver,
assignee, or other liquidating officer is appointed for the business of Sublessee , then Lessee
may terminate this Sublease Agreement at the option of Lessee.
21. 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.
22. Termination and Surrender
A. Sublessee shall surrender the Premises within ______ (number) days from receipt
of notice of termination of this Sublease Agreement or on the last day of the term of this
Sublease Agreement.
B. Lessee shall have the right to place and maintain on the Premises "For Rent" or
"For Sale" signs during the last ______ (number) days of the term of this Sublease
Agreement.
C. Sublessee shall, at the expiration of this Sublease Agreement, surrender the keys
to the Premises to Lessee.
D. If Sublessee shall surrender the Premises at the election of Sublessee , the liability
for all duties and obligations required of Sublessee shall continue until the surrender has
been accepted by Lessee in writing.
23. Removal of Personal Property
A. Sublessee shall have the right to remove all personal property, trade fixtures, and
office equipment, whether attached to the Premises or not, provided that these items can
be removed without serious damage to the building or the Premises .
B. All holes or damages to the building or the Premises caused by removal of any
items shall be restored or repaired by Sublessee promptly.
C. Sublessee shall be entitled to remove any electrical service connections installed
by Sublessee that were designed specifically for Sublessee .
D. If Lessee or Lessor reenters or retakes possession of the Premises prior to the
normal expiration of this Sublease Agreement, Lessee or Lessor shall have the right, but
not the obligation, to remove from the Premises all personal property located on the
Premises belonging to Sublessee . Either party may place the property in storage in a
public warehouse at the expense and risk of Sublessee .
24. Holding Over
A. Any holding over at the expiration of this Sublease Agreement with the consent
o f Lessee shall be on a month-to-month basis, which tenancy may be terminated as
provided by the laws of ______________ (name of state) .
B. During any holdover tenancy, Sublessee shall pay the same rate of rental on a
monthly basis as is in effect at the time of the termination of this Sublease Agreement and
shall be bound by all the terms and conditions of this Sublease Agreement.
25. Acknowledgment by Lessor
This Sublease Agreement is made with the full knowledge and agreement of lessor of the
Premises and Lessor accepts this Sublease Agreement but retains all rights to disapprove any
future Sublease between Lessee and Sublessee or between Lessee and any other party.
26. 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.
27. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of ______________.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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 Lessee) (Name of Sublessee)
By: ______________________________ By: _____________________________
___________________________ ____________________________
(P rinted name & Office in Corporation) (P rinted name & Office in Corporation
_________________________ _________________________
(Signature of Officer) (Signature of Officer)