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This attorney drafted document sets forth the terms of a lease between a Landlord and Tenant for a commercial premises, including Tenant’s purchase option right. This template commercial lease agreement contains both standard clauses as well as opportunities for customization to ensure that the understandings of the parties are properly set forth. Users can customize provisions regarding additional rent, common area charges, and common area usage, among others. This document should be used landlords or commercial tenants.
This attorney drafted document sets forth the terms of a lease between a Landlord and Tenant for a commercial premises, including Tenant’s purchase option right. This template commercial lease agreement contains both standard clauses as well as opportunities for customization to ensure that the understandings of the parties are properly set forth. Users can customize provisions regarding additional rent, common area charges, and common area usage, among others. This document should be used landlords or commercial tenants. Commercial Gross Lease THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this __ day of __, 20__ [Instruction: Insert date.], by and between ____ [Instruction: Insert Landlord’s name.], a duly formed ___ [Instruction: Insert state and entity type.] (hereinafter referred to as "Landlord") and _____ [Instruction: Insert Tenant’s name.], a duly formed [Instruction: Insert state and entity type.] (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in _____ [Instruction: Insert property county and state.], such real property having a street address of ____ [Instruction: Insert property street address.] (hereinafter referred to as the "Premises"). WHEREAS, Landlord desires to lease the Premises consisting of an _____ [Instruction: Insert brief description of type of space, for example, medical, retail or office.] space with approximately ___ [Instruction: Insert approximate square footage.] square feet, commonly known as ____ [Instruction: Insert office suite or unit number, if any.] to Tenant upon the terms and conditions as contained herein [Comment: If entire commercial building is being leased to Tenant, please revise above to reflect same.]; WHEREAS, Tenant’s lease of the Premises shall include the right of ingress, egress and thoroughfare of certain common areas including lobbies, elevators and hallways [Comment: If lease includes other usage of certain common areas, please further define here, or alternatively, if lease does not include use of any common areas, revise to reflect same.] (together, the Premises and the right to use certain common areas except as otherwise set forth herein, the “Leased Premises”); and WHEREAS, Tenant desires to lease the Leased Premises from Landlord on the terms and conditions as contained herein; NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. TERM. This Agreement shall commence on _____ [Instruction: Insert lease commencement date.] ("Commencement Date"). This Agreement shall continue as a lease for term. The termination date (“Termination Date”) shall be on ____ [Instruction: Insert lease termination date.] at 11:59 PM, except as otherwise set forth herein. In the event Landlord shall no longer own the Premises or shall enter into a contract for the sale of the Premises with any person or entity other than Tenant and such contract vendee shall not agree to assume the Lease upon the closing of sale of such contract, this Lease © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 shall terminate upon thirty (30) days’ notice to Tenant. Upon termination date, Tenant shall be required to vacate the Leased Premises unless one of the following circumstances occur: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new, written, and signed agreement or (ii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent or (iii) Tenant shall close upon the sale of the Premises pursuant to the terms of the option contained herein. In the event that Landlord accepts from Tenant new rent, a month-to-month tenancy shall be created. Either party may terminate this month-to-month tenancy by written thirty (30) day notice. Rent shall continue at the rate specified in this Agreement, or as allowed by law, unless otherwise agreed to in writing by the parties. All other terms and conditions as outlined in this Agreement shall remain in full force and effect. 2. RENT. Under the terms of this Agreement, "Rent" shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement. However, the Security Deposit shall not be considered Rent. Tenant shall pay to Landlord _____ United States Dollars ($_____.00) [Instruction: Insert written amount of monthly rent, followed by numerical representation of same in parentheses.] per month as Rent for the Term of the Agreement. An amount equal to __________________ United States Dollars ($__________________)[Instruction: Insert written amount of monthly rent, followed by numerical representation of same in parentheses.] for each month when Rent was paid will be credited to the Tenant and applied to the purchase price of the property in the event that the Tenant exercises the Option to Purchase as set forth herein. Optional Language: If the Tenant does not exercise the Option to Purchase, this credit shall be non-refundable and considered forfeited. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. In the event that the Commencement Date is not the 1st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period. There will be no rent increases through the Termination Date. If this lease is renewed automatically on a month to month basis, Landlord may increase the rent during the renewal period by providing written notice to Tenant that becomes effective the month following the 30th day after the notice is provided. Acceptable forms of payment of Rent to Landlord shall be by Tenant’s good check, subject to collection or official check issued by any bank, savings bank, trust company or savings and loan association, unendorsed and payable to Landlord at the following address: _____. [Instruction: Insert address for rental payments.] In the event that any payment by Tenant is returned for insufficient funds ("NSF") or if Tenant stops payment, Tenant will pay $35 to Landlord for each such check, plus late fees as described herein until Landlord has received payment in full. Optional Language: Any such NSF fees or late charges shall be considered additional rent. [Comment: This document contains references to certain amounts payable as © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 additional rent. If same is not to be charged, please delete such references where they occur.] Further, Landlord may require in writing that Tenant pay Rent in cash for three months, and that all future Rent payments shall be remitted by Tenant to Landlord by money order or cashier's check. Landlord will apply all funds received from Tenant first to any non-rent obligations of Tenant including charge-backs for repairs, brokerage fees, and periodic utilities, then to rent, including any additional rent [Comment: If additional rent is not to be charged, delete reference to same.], regardless of any notations on a check. 3. SECURITY DEPOSIT. As a security deposit, Tenant shall deposit with Landlord the sum of _____ United States Dollars ($_____.00) [Instruction: Insert written amount of security deposit, followed by numerical representation of same in parentheses.], receipt and sufficiency of which is hereby acknowledged by Landlord. Upon termination of the tenancy, all funds held by the Landlord as security deposit may be applied to the payment of accrued unpaid rent and the amount of damages that the Landlord has suffered by reason of the Tenant's noncompliance with the terms of this or with any and all laws, ordinances, rules and orders of any and all governmental or quasi- governmental authorities affecting the cleanliness, use, occupancy and preservation of the Leased Premises. Such security deposit shall be returned to Tenant, without interest, and less any set off for damages to the Leased Premises or other charges as set forth herein upon the termination of this Agreement. The security deposit will be applied first to any non-rent items, including late charges, returned check charges, repairs, brokerage fees, and periodic utilities, then to any unpaid rent. In the event that Landlord shall at any time apply any of such security deposit to cover unpaid rent, the late fee, or to repair damage caused to the Leased Premises, then, upon the request of Landlord to Tenant specifying the amount so applied, Tenant shall immediately deposit with Landlord, as an additional security deposit, the amount so applied, so that the security deposit held by Landlord shall at all times during the term hereof be equal to the aforementioned amount specified in this section. If deductions exceed the security deposit, Tenant will pay to Landlord the excess within ten (10) days after Landlord makes written demand. 4. USE OF LEASED PREMISES. The Leased Premises shall be used for first-class business purposes in the operation of a business office, which shall not include any medical or retail office or food services type business. [Comment: Parties may wish to revise the standard and/or permitted types of business set forth in the previous sentence to more appropriately conform to the applicable leased space.] It is hereby understood that permitted use of the Leased Premises for purposes of this paragraph shall extend to Tenant’s usage of any and all common areas. At no time shall Tenant use the Premises for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. Tenant © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 shall not use the common areas for storage of any of Tenant’s items and shall not block or hinder ingress, egress or passage through such common areas. 5. OPTION TO PURCHASE. The Tenant, as part of the consideration herein, is hereby granted the exclusive right and option [Comment: If the purchase option is not exclusive, or if same is a right of first offer, please revise this sentence to reflect same.] of purchasing the Premises at any time during the term of this agreement or any extensions thereto. A separate agreement setting forth the purchase terms, in the form substantially similar to that set forth as Exhibit A, shall be entered into between Tenant and Landlord, upon the exercise of such option. The Tenant will notify the Landlord in writing of the exercise of this Option at least ten (10) days prior to such exercise. 6. CONDITION OF LEASED PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Leased Premises including any and all common areas, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. Tenant further stipulates that, except as otherwise noted on Exhibit A, attached hereto and considered incorporated herein by reference, no further repairs are necessary to the Leased Premises prior to Tenant moving in. 7. ASSIGNMENT AND SUB-LETTING. Tenant shall have the right without Landlord's consent, to assign this Lease to a business with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets. [Comment: Parties may revise the permitted exception to assignment if desired, or delete.] Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld or delayed. A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement. 8. ALTERATIONS AND IMPROVEMENTS. During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises, except that for purposes of this paragraph, Tenant shall not be required to make repairs to any common areas to which Tenant has a right of use [Comment: If Tenant will be required to make repairs to any common areas, for example, private elevator lobbies, same should be specified here.]. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. Tenant, at Tenant's expense, shall have the right, upon obtaining Landlord's consent, to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5 place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that Tenant shall repair, at Tenant's expense, all damage to the Leased Premises caused by such removal. 8. TITLE SEARCH. A title search may be commenced immediately by the Tenant upon the notification of Tenant’s exercise of the purchase option set forth herein. This shall be at the expense of the Tenant unless it is discovered that the Landlord does not have marketable title or encumbrances beyond those acceptable encumbrances set forth in Exhibit A, in which case the Landlord shall reimburse the Tenant for all costs associated with the title search, and this Lease will become null and void at the option of the Tenant. 9. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Leased Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Leased Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate. Notwithstanding the foregoing, Landlord shall retain the obligation to return the security deposit as set forth hereunder. 10. UTILITIES. Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise expressly agreed in writing by Landlord. Tenant’s obligation to pay such charges shall not extend to any prorata share of such charges incurred for the common areas to which Tenant has permitted usage. [Instruction: If CAM charges are to be charged to Tenant, please revise the foregoing to reflect same.] In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. Optional Language: Such charges shall be considered additional rent. [If additional rent is not to be charged, delete such language.]. Tenant shall pay such all such utility charges prior to the due date. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, over load the wiring or interfere with electrical services to other tenants. 11. TAXES. Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Premises, and all personal property taxes with respect to Landlord's personal property, if any, on the © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 6 Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. 12. MAINTENANCE AND REPAIR; RULES. During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises, except as otherwise set forth herein. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. Tenant will comply with the rules of the Building adopted and altered by Landlord or the Building management, as the case may be, from time to time and will cause all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord or the Building management, as the case may be, to Tenant in writing. 12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. 13. INSPECTION OF LEASED PREMISES. Provided Landlord shall not unreasonably interfere with Tenant’s permitted business on the Leased Premises, Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Pleased remises for the purpose of inspecting the Leased Premises and all buildings and improvements thereon, and for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Leased Premises or the building, show the Leased Premises to prospective tenants, prospective purchasers, inspectors, fire marshals, lenders, appraisers, or insurance agents, to exercise a contractual or statutory lien or to leave written notice or to seize nonexempt property after a default. Landlord and its agents shall further have the right to exhibit the Leased Premises and to display the usual "for rent" or "vacancy" signs on the Leased Premises at any time within forty-five (45) days before the expiration of this Lease in the event Tenant has not exercised the purchase option set forth herein prior to such time. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Leased Premises. If Tenant fails to permit access pursuant to this Paragraph, Tenant shall be in default. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 7 14. INSURANCE. If the Premises or any other part of the Building is damaged by fire or other casualty resulting from any act of negligence by Tenant or by any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. Landlord shall maintain fire and extended coverage insurance on the Building and the Premises in such amount as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the particular activities of each in the Building with the premiums thereon fully paid on or before due date. Such insurance policy shall be issued by and binding upon an insurance company approved by Landlord, and shall afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. [Comment: Parties may vary the insurance requirements stated herein, and in such instance, the language contained here should be revised to reflect the correct requirements.] Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. 14. SIGNS. Following Landlord's consent, Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant and approved by Landlord and/or the Building management, as the case may be, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants and the Building management for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. 15. PARKING. There shall be no parking provided. [Comment: If parking is to be provided, this language should be revised to reflect number of spaces, type (whether or not covered or open, reserved or not) and whether or not there is an additional charge and/or additional parking agreement to be entered into regarding same.] 16. BROKER. Tenant represents that Tenant was not shown the Leased Premises by any real estate broker or agent and that Tenant has not otherwise engaged in, any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. [Comment: If parties used a broker, this language should be revised to reflect same, as well as who shall be responsible for payment of applicable broker’s commission.] © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 8 17. SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Leased Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. Tenant must promptly execute any certificate(s) that Landlord requests to show that this Agreement is so subject and subordinate. Tenant authorizes Landlord to sign these certificate(s) for Tenant. 15. TENANT'S HOLD OVER. If Tenant remains in possession of the Leased Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at a price per month to be agreed upon in writing by Tenant and Landlord at the time of such new tenancy and except that such tenancy shall be terminable upon thirty (30) days written notice served by either party. Any such writing shall be appended hereunder as Exhibit B, and shall at that time be considered incorporated herein. 18. SURRENDER OF LEASED PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Leased Premises, except as otherwise set forth herein, in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. 19. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Leased Premises and the common use of the common areas for the term hereof. 19. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, guests, invitees, agents or employees or to any person entering the Leased Premises or the building of which the Leased Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Leased Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature. 20. DEFAULT. Landlord must provide notice of default to the Tenant. The Tenant shall have a limited number of days to cure any such default: (a) for the failure to pay rent or additional rent when due, Tenant shall have three (3) days to cure; (b) for the issuance of a court order by which the Leased Premises may be taken by another party, for the failure to perform any term in another lease between the Landlord and Tenant (e.g., a vehicle parking lease), for the failure to comply with any of the material provisions of this Agreement or of any present rules and regulations, for the failure to comply with any rules and regulations that may be hereafter prescribed by Landlord, or for the failure to comply with any duties imposed on Tenant by statute, the Tenant shall have five (5) days © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 9 to cure. If the Tenant does not cure the default within the required time frame, Landlord may terminate this Agreement by providing the Tenant with a notice of termination. The notice of termination must state the date the tenancy will end, which may be no fewer than three (3) days after the date of the notice of termination. Tenant must vacate the premises on or before the termination date specified in the notice of termination and must return the keys on or before that date. The Tenant's responsibilities under this Agreement continue until the termination date. In addition, if this Agreement is terminated, Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity. 21. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made in full within three (3) days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amount of Twenty-Five United States Dollars ($25.00) per day until rent is paid in full. Optional Language: Such “late fee” shall be considered additional rent. If Rent is paid by the 3rd day of the month for the month in which it is due, Landlord will waive the late fee for that month. Any waiver of late fees under this paragraph will not affect or diminish any other right or remedy Landlord may exercise for Tenant’s failure to timely pay rent. Further, any waiver of late fees under this paragraph shall not constitute a waiver of any future or past late charge. 23. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Leased Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee, except that Tenant shall not be responsible for any fee of Landlord’s attorney in any representation with respect to the purchase option, or any exercise thereof by Tenant. Tenants hereby understand and agree specifically that such attorney may be Landlord, and in such instance, Tenants would remain responsible for all expenses so incurred, including such reasonable attorneys’ fee as Landlord would normally charge in such matters. 25. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of _____ [Instruction: Insert state.]. 26. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 10 28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant. 29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 30. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder. 31. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. 32. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested and directed to the party at the address first set forth above. Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. [Comment: Please note, this lease form does not contain a confidentiality clause. Parties should consider whether same is advisable and/or permitted pursuant to applicable state statute, and if so, whether or not the terms of the lease and the purchase agreement will remain confidential or simply the lease terms.] As to Landlord this ______ day of ________________________, 20_____. LANDLORD: _____ By: _____ Sign: ___________________________________ Print: _________________________________ Date: ______________ As to Tenant, this ______ day of ________________________, 20_____. TENANT ("Tenant"): _____ By: _____ Sign: ___________________________________ Print: __________________________________ Date: ______________ [Comment: As each jurisdiction has its own signatory requirements, no notary © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 11 acknowledgement or witness lines are provided herein. Parties executing this document should ensure the applicable signatory information is included prior to execution.] © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 12 Exhibit A © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 13 © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 14 Schedule B © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 15 Exhibit B © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 16
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